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HomeMy WebLinkAboutAgenda Packet 2005/09/20 I declare under penalty of perjury that I am employed by the City of Chula Vista In the ~ , r I , 01 the City Clerk and that I poetacI ~ \ 1 ''l-- on the bulletin board ICCOrdIng ~ ~ _ ~ I enlll. ~ ~==~ b ~ ~!("'H' .... . ....~ ~;y~~ CHULA VISTA Stephen C. Padilla, Mayor Patty Davis, Council member David D. Rowlands, Jr., City Manager John McCann, Councilmember Ann Moore, City Attorney Jerry R. Rindone, Council member Susan Bigelow, City Clerk Steve Castaneda, Councilmember September 20, 2005 6:00 P.M. Council Chambers Public Services Building 276 Fourth Avenue 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 . OATHS OF OFFICE: Angela Brill and Jan Buddingh, Jr. - Board of Appeals and Advisors Norma Toothman - Charter Review Commission Ann Perry - Commission on Aging Tiffany Vinson, Ron Bolles, and Richard Werlin - Cultural Arts Commission Yoland:! Calvo and David Bringas - Design Review Committee Matthew Waters and Joe Little - Growth Management Oversight Commission Armida Martin Del Campo - Housing Advisory Conunission Aya Ibarra and Rita Legaspi - International Friendship Commission Georgie Stillman and Eric Mosolgo - Resource Conservation Commission . PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO ED CHEW, ADMINISTRATIVE SERVICES MANAGER OF THE CHULA VISTA POLICE DEPARTMENT, IRENE STILLINGS, EXECUTIVE DIRECTOR OF THE SAN DIEGO REGIONAL ENERGY OFFICE, CECILIA AGUILLON OF KYOCERA, AND BUZZ SCHOTT OF SDG&E/SEMPRA, PROCLAIMING SEPTEMBER 25 TO OCTOBER 1, 2005 SOLAR ENERGY WEEK . PRESENTATION BY KENT HAMMOND, DIRECTOR OF MOBILE RECRUITMENT, SAN DIEGO BLOOD BANK, OF AN AWARD TO RICK MATKIN, BUILDING SERVICES MANAGER, AND LORRAINE BENNETT, DEPUTY CITY CLERK, ON BEHALF OF THE CITY, FOR THE 2005 OUTSTANDING COMMUNITY BLOOD DRIVE CONSENT CALENDAR (Items 1 through 8) The Council will enact the Consent Calendar staff recommendations by one motion, without discussion, unless a Councilmember, a member of the public, or City staff requests that an item be removed for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Action Items. 1. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010, RELATING TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD AN ANIMAL CONTROL MANAGER (SECOND READING; 4/STHS VOTE REQUIRED) Adoption of the ordinance adds the position of Animal Control Manager to Municipal Code section 2.05.010. Effective the pay period beginning on December 23, 2005, the classification of Animal Control Manager will be changed from middle management to an unclassified position in senior management to better reflect the duties of this position. This ordinance was introduced September 13, 2005. (Director of Budget and Analysis) Staff recommendation: Council adopt the ordinance. 2. ORDINANCE OF THE CITY OF CHULA VISTA AUTHORlZING THE LEVY OF A SPECIAL TAX WITHIN COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN OTA Y RANCH VILLAGE SEVEN; SECOND READING) On July 12, 2005, Council approved the Resolution of Intention to establish Community Facilities District No. 12-1 (CFD 12-1). On August 23, 2005, the Council adopted resolutions to form and establish CFD 12-1, and to declare the necessity to incur bonded indebtedness. On August 30, 2005, a special election of eligible property owners was held at the City Clerk's office for the purpose of voting on the formation of CFD 12-1. Adoption of the ordinance authorizes the levy of a special tax within the district. This ordinance was introduced September 13, 2005. (City Engineer) Staff recommendation: Council adopt the ordinance. 3 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ADOPTING A MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED TO BE INCLUDED IN COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN), AND TO AUTHORlZE THE LEVY OF A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES Page 2 - Council Agenda http://www.chula vistaca.goy September 20, 2005 C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN) D. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA DECLARING THE NECESSITY OF COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN) TO INCUR A BONDED INDEBTEDNESS SECURED BY SPECIAL TAXES TO PAY FOR THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES Otay Project, L.P., LLC requested the initiation of proceedings to form a Community Facilities District for the acquisition or construction of public facilities serving the properties within Village Seven. Adoption of the resolutions is the first step in the proceedings. (City Engineer) Staff recommendation: Council adopt the resolutions. 4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO SIGN AN AMENDED AGREEMENT WITH SANDAG FOR TRANSPORTATION DEMAND MANAGEMENT GRANT IMPLEMENTATION; TO SIGN THREE AGREEMENTS WITH THE SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT REGARDING COMPLIANCE WITH THE GRANT SCOPE OF WORK; AND TO SIGN A CONTACT WITH COACH USA TO SUPPLY TRANSIT SERVICES On April 20, 2004, the Council accepted the Transportation Demand Management (TDM) Grant trom the County Air Pollution Control District (APCD), and authorized the City Manager to sign an agreement with the San Diego Association of Governments (SANDAG) to assist the City in this effort. Since then, the APCD has reqeired that the City enter into an agreement with the APCD and not through SANDAG, as originally understood, to implement the approved scope of work. This requirement necessitates an amendment to the current agreement. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING A DONATION IN THE AMOUNT OF $1,500 FROM THE DOWNTOWN BUSINESS ASSOCIATION (4/5THS VOTE REQUIRED) The Animal Care Facility has received a donation in the amount of $1,500 trom the Downtown Business Association. Staff is recommending the donation be used to add new holding medical kennels in the sally port area of the Animal Care Facility. (Director of General Services) Staffrecommendation: Council adopt the resolution. Page 3 - Council Agenda http://www.chulavistaca.gov September 20, 2005 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF STATE OF CALIFORNIA COMMUNITY-BASED TRANSPORTATION PLANNING GRANT FROM THE STATE OF CALIFORNIA FOR THE EASTERN UNIVERSITY DISTRICT TRANSIT PLAN PROJECT, AND AUTHORIZING THE COMMITMENT OF IN-KIND MATCHING FUNDS THEREFOR The Eastern University District Plan for the master planned Otay Ranch community is based heavily on a rapid transit network that will link Otay Ranch's town centers, a university campus, a regional technology park, and other urban centers in the region. The City will conduct a series of studies that will form a framework for the transit network within those centers. The Community-Based Transportation Planning grant is State- funded and will provide $201,560, and requires a local match of $50,390 that the City will provide in staff time. (Director of Planning and Building) Staff recommendation: Council adopt the resolution. 7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $57,157 IN UNANTICIPATED REVENUES FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACTIVITIES GRANT PROGRAM (4/5THS VOTE REQUIRED) The California Department of Conservation annually distributes $10.5 million to eligible cities and counties specifically for beverage container recycling and litter reduction activities. On July 12, 2005 the Council authorized staff to apply for the grant, and as a result, the City was awarded $57,157. (Director of General Services) Staff recommendation: Council adopt the resolution. 8 A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 TO ESTABLISH THE UNCLASSIFIED POSITION OF COASfALIENVIRONMENTAL POLICY CONSULTANT TO THE MAYOR (4/5THS VOTE REQUIRED) B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AMENDMENTS TO THE OFFICE OF THE MAYOR AND COUNCIL'S BUDGET, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE REQUIRED) The City is in the process of developing a number of planning documents and projects to provide a framework to enhance and revitalize the social and economic vitality of the City. To adequately prepare for these complex proposals, it is recommended that the City hire a policy advisor to the Mayor to assist with general policy issues, including coastal, environmental and land use issues. Approval of the ordinance and resolution authorizes an additional support position in the Office of the Mayor and Council with expertise in these areas, and budget adjustments to meet the needs of the department. (City Manager) Staff recommendation: Council place the ordinance on first reading and adopt the resolution. Page 4 - Council Agenda http://www.chulavistaca. gOY September 20, 2005 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. PUBLIC HEARINGS The following item has been advertised as a public hearing as required by law. If you wish to speak on this item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 9. CONSIDERATION OF ADOPTION OF A RESOLUTION AND AN ORDINANCE RELATING TO THE ADJUSTMENT OF PARKLAND ACQillSITION AND DEVELOPMENT FEES In July of 2004, the Council increased the Parkland Acquisition and Development (pAD) Fees for parkland acquisition and development. Since that time, land values have increased substantially, generating the need to adjust the parkland acquisition component of the fee. The proposed increases will ensure that sufficient PAD fee funds are available for the City to meet park facilities thresholds. (Director of General Services) Staff recommendation: Council open the public hearing and continue it to October 11, 2005. ACTION ITEMS The items listed in this se~tion of the agenda will be considered individually by the Council, and are expected to elicit discussion and deliberation. If you wish to speak on any item, please fill out a "Request to Speak" form (available in the lobby) and submit it to the City Clerk prior to the meeting. 10. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND "I LOVE A CLEAN SAN DIEGO, INC." FOR THE DEVELOPMENT AND IMPLEMENTATION OF STORM WATER PUBLIC EDUCATION AND OUTREACH PROGRAMS, REQUJRED PURSUANT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY (Continued from August 9,2005) Staff recommendation: Council continue the item to October 4,2005. Page 5 - Council Agenda http://www.chulavistaca.gov September 20, 2005 11. REPORT REGARDING REGULATIONS FOR SECOND DWELLING UNITS IN SINGLE-F AMIL Y ZONES The Council requested a report on the status of the City's regulations for second dwelling units, prompted by concerns the City has heard from several neighbors in three different neighborhoods where second units are under construction. Based on an initial investigation of the various neighborhood concerns, staff found the units in question to be in compliance with the City's existing zoning ordinance. (Director of Planning and Building) Staff recommendation: Council refer the second dwelling unit ordinance to the Planning Commission for refmement and possible additional neighborhood compatibility standards in order to address the types of issues arising this summer in several neighborhoods. 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). 15. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE SECTION 54957 . Assistant City Manager and Assistant City Manager/Community Development Director ADJOURNMENT to the Regular Meeting of October 4, 2005, at 4:00 p.m. in the Council Chambers (The Meeting of September 27, 2005 has been cancelled). Page 6 - Council Agenda http://www.chulavistaca.gov September 20, 2005 ORDINANCE NO. '"'~ t>PO?\\'v Ordinance Amending Chula Vista. ~.u("\~~1\) Code Section 2.05.010 Relating to the E~t~l~t of Unclassified Positions to Add a~~~al Control Manager WHEREAS, the Human Resources Department has created a new classification to better reflect the needs of the City's workforce; and WHEREAS, the Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.010 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the City, there are established the unclassified positions entitled Administrative Services Manager, Advanced Planning Manager, Animal Control Manaaer, Assistant Chief of Police, Assistant Director of Budget and Analysis, Assistant Director of Building and Housing, Assistant Director of Community Development, Assistant Director of Finance, Assistant Director of Human Resources, Assistant Director of Planning, Assistant Director of Public Works and Operations, Assistant Director of Recreation, Assistant Library Director, Building and Park Construction Manager, Califomia Border Alliance Group (CBAG) Deputy Executive Director, CBAG Budget Manager, CBAG Executive Assistant, CBAG Graphics DesignerlWebmaster, CBAG Management Assistant, CBAG Methamphetamine Strike Force Coordinator, CBAG Network Administrator I, CBAG Network Administrator II, CBAG Network Manager, CBAG Operations/Intelligence Coordinator, CBAG Program Analyst, CBAG Regional Computer Forensic Laboratory Network Engineer, Chief Leaming Officer. Chief of Staff, Communications Manager, Community Liaison (Assigned to the Office of the Mayor and City Council), Community Relations Manager, Constituent Services Manager, Cultural Arts & Fund Development Manager, Deputy Building Official, Building Services Manager, Deputy City Manager, Deputy Director of Engineering, Deputy Director of General Services, Deputy Director of Planning, Deputy Fire Chief, Development Planning Manager, Director of Budget and Analysis, Director of Communications, Director of Conservation and Environmental Services, Director of Employee Development, Energy Services Manager, Fiscal Operations Manager, Human Resources Operations Manager, Intergovernmental Affairs Coordinator, Office Specialist (Mayor's Office), Parks and Open Space Manager, Police Captain, Purchasing Agent, Real Property Manager, Risk Manager, Traffic Engineer, Transit Coordinator, Treasury Manager, Senior Council Assistant. 1-1 SECTION Il: This ordinance shall take effect and be in full force thirty days from its adoption. Submitted by Approved as to form by Edward Van Eenoo Director of Budget and Analysis ~~\\~~\ Ann Moore City Attorney 1-2 ..~~ ~~c~ ~~~' ORDINANCE OF THE CITY COUNCIL OF THE CITY VISTA, CALIFORNIA, ACTING AS THE LEGISLATIVE F COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN - 0 A Y RANCH - VILLAGE SEVEN) AUTHORIZING THE LEVY OF A SPECIAL TAX IN SUCH COMMUNITY FACILITIES DISTRICT ORDINANCE NO. WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the ~City Council"), has initiated proceedings, held a public hearing, conducted an election and received a favorable vote from the qualified electors authorizing the levy of special taxes in a community facilities district, all as authorized pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1. Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Aniele XI of the Constitution of the State of California (the "Ordina nce") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District is designated as COMMUNITY FACILITIES DISTRICT NO. 12-1 (McMillin - OTAY RANCH - VILLAGE ELEVEN) (the "Dis trict"). The City Council of the City of Chula Vista, California, acting as the legislative body of Community Facilities District No. 12-1 (McMillin - Otay Ranch - Village Seven), does hereby ordain as follows: SECTION 1. This City Council does, by the passage of this ordinance, authorize the levy of special taxes on taxable properties located in the District pursuant to the Rate and Method of Apportionment of Special Taxes as set forth in Exhibit "A " attached hereto and incorporated herein by this reference (the "Rate and Method"). SECTION 2. This City Council, acting as the legislative body of the District, is hereby further authorized, by Resolution, to annually determine the special tax to be levied within the District for .the then current tax year or future tax years; provided, however, the special tax to be levied shall not exceed the maximum special tax authorized to be levied pursuant to the Rate and Method. SECTION 3. The special taxes herein authorized to be levied, to the extent possible, shall be collected in the same manner as ad valorem property taxes and shall be subject to the same penalties, procedure, sale and lien priority iI1 any case of delinquency as applicable for ad valorem taxes; provided, however, the District may utilize a direct billing procedure for any special taxes that cannot be collected on the County tax roll or may, by resolution, elect to collect the special taxes at a different time or in a different manner if necessary to meet its financial obligations. 2-1 "" '\.-1' . SEC'fiO~,4.The special taxes authorized to be levied shall be secured by tne lien imposed pursuant t6'S~ons 3114.5 and 3115.5 of the Streets and Highways Code of the State of California, which lien shall,be a continuing lien and shall secure each levy of the special tax. The lien of the special tax s~Jnue in force and effect until the special tax obligation is prepaid, pennanently satisfied arii!"tanceled in accordance with Section 53344 of the Government Code of the State of California or until the special tax ceases to be levied by the City Council in the manner provided in Section 53330.5 of said Government Code. SECTION 5. This Ordinance shall be effective thirty (30) days after its adoption. Within fifteen (15) days after its adoption, the City Clerk shall cause a summary of this Ordinance to be published in a newspaper of general circulation in the City pursuant to the provisions of Chula Vista's City Charter, Section 312(b). Introduced at a regular meeting of the City Council of the City of Chula Vista, California, on August 3D, 2005; Enacted at a regular meeting of the City Council of the City of Chula Vista, California, held on the day of ,2005. by the following vote: AYES: NOES: ABSTAIN: ABSENT: ATTEST APPROVED AS TO FORM: Sohaib Al-Agha City Engineer J:\AuomeyIJiIlMIOrd Authorize Levy of Special Tax CFD 12-l.doc 2-2 EXHIBIT A RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 12-1 (MCMILLIN - OTAY RANCH - VILLAGE SEVEN) A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the City of Chula Vista Community Facilities District No. 02-! A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the City of Chula Vista Community Facilities District No. 12-1 (CFD No. 12-1) and collected each Fiscal Year commencing in Fiscal Year 2006-2007 in an amount determined by the City Council through the application of the appropriate Special Tax for "Developed Property", "Undeveloped Property" and "Contingent Taxable Property" as described below. All of the Taxable Property CFD No. 12-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The terms hereinafter set forth have the following meaning: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps for a land area are not available, the Acreage of such land area shall be determined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code of the State of California. "Administrative Expense Requirement" means an annual amount equal to $75,000, or such lesser amount as may be designated by written instruction from an Authorized Representative to the Fiscal Agent, to be allocated as the first priority of Special Taxes received each Fiscal Year for the payment of Administrative Expenses. "Admini"trative Expenses" means the actual or reasonably estimated costs directly related to the' administration of CFD No. 12-1 including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 12-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 12-1 or any designee thereof of providing continuing disclosure; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, 2-3 CFD No. 12-1 or any designee thereof related to any appeal of the levy or application of the Special Tax; and the costs associated with the release of funds from an escrow account, if any. Administrative Expenses shall also include amounts estimated or advanced by the City or CFD No. 12-1 for any other admini~ative purposes, including, but not limited to, attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by an Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C.1.a. "Available Funds" means the balance in the reserve fund established pursuant to the terms of any Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year, Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such bond indenture. "Backup Special Tax" means the Backup Special Tax amount set forth in Section C.l.b. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series. issued by CFD No. 12-1 under the Act. "Bond Year" means a one-year period beginning on September 2nd in each year and ending on September 1" in the following year, unless defined differently in the applicable Indenture. "CFD Arlmini..u-ator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 12-1 means City of Chula Vista, Community Facilities District No. 12-1. "City" means the City of Chula Vista. "Contingent Taxable Property" means all Assessor' s Parcels of Public Property, Property Owner Association Property, Open Space or other property that would otherwise be classified as Exempt Property pursuant to the provisions of Section E, but cannot be classified as Exempt Property because to do so would reduce the Acreage of all Taxa.ble Property below the required minimum acreage as set forth in Section E.1 for Zone A or Zone B as applicable. 2-4 "Council" means the City Council of the City, acting as the legislative body of CFD No. 12-1. "County" means the County of San Diego. "Developed Property" means all Assessor' s Parcels of Taxable Property for which a building permit has been issued prior to March I" preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessors' Parcels that are exempt from the Special Tax pursuant to Section E.l. "Final Subdivision Map" means a subdivision of property, created by recordation of a final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or-recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July 1 and ending on the following June 30. "Indent ure" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1 of Section C.I.a. "Lot(s)" means an individual legal lot created by a Final Subdivision Map for which a building permit for residential construction has been or could be issued. Notwithstanding the foregoing, in the case of an individual legal lot created by such a Final Subdivision Map upon which condominium units are entitled to be developed but for which a condominium plan has not been recorded, the number of Lots allocable to such legal lot for purposes of calculating the Backup Special Tax applicable to such Final Subdivision Map shall equal the number of condominium units which are permitted to be constructed on such legal lot as shown on such Final Subdivision Map. "Maximum Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. "Non-Residential Property" means all Assessor's Parcels of Developed Property, for which a building permit(s) has been issued to allow the construction of one or more buildings or structures for a non-residential use. "Occupied Residential Property" means all Assessors' Parcels of Residential Property for which title is owned by an end user (homeowner). 2-5 "Open Space" means property within the boundaries of CFD No. 12-1 which (a) has been designated with specific boundaries and acreage on a Final Subdivision Map as open space (b) is classified by the County Assessor as open space (c) has been irrevocably offered for dedication as open space to the federal government, the State of California, the County, the City, any other public agency or (d) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. "Outstanding Bonds" mean all Bonds, which remain outstanding as defined in the Indenture. "Property Owner Association Property" means any property within the boundaries of CFD No. 12-1 which is (a) owned by a property owner association or (b) designated with specific boundaries and acreage on a Final Subdivision Map as property owner association property. As used in this definition, a property owner association includes any master or sub-association. "Proportionately" means for Developed Property that the ratio of the Special Tax levy to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors' Parcels of Developed Property within CFD No. 12-1. For Undeveloped Property or Contingent Taxable Property "Propo rtioIlJ!.tely" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property and equal for all Assessor's Parcels of Contingent Taxable Property within CFD No. 12-1. "Public Property" means any property within the boundaries of CFD No. 12-1 that which (a) is owned by a public agency, (b) has been irrevocably offered for dedication to a public agency or (c) is designated with specific boundaries and acreage on a Final Subdivision Map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constrUcting one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential strUcture, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator by reference to appropriate records kept by the City's Building Department. Residential Floor Area for a residential strUcture will be based on the building permit(s) issued for such structure prior to it being classified as Occupied Residential Property, and shall not change as a result of additions or modifications. made to such strUcture after such classification as Occupied Residential Property. "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor' s Parcel of Taxable Property to fund the Special Tax Requirement. 2-6 "Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year for CFD No. 12-1 to: (i) Pay Administrative Expenses in an amount equal to Administrative Expense Requirement or such other amount as may be designated by the City (ii) pay annual debt service on all Outstanding Bonds (as defined in Section A) due in the Bond Year beginning in such Fiscal Year; (iii) pay other periodic costs on Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on Outstanding Bonds; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay directly for acquisition and/or construction of public improvements which are authorized to be fiIlanced by CFD No. 12-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on the Undeveloped Property for CFD No. 12-1; less (vi) a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 12-1 that are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee, fiscal agent, or paying agent under the bond indenture. "Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as Developed Property or Contingent Taxable Property. "Zone A" means the specific geographic area designated as such and as depicted in Exhibit A attached hereto. "Zone B" means the specific geographic area designated as such and as depicted in Exhibit A attached hereto. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 12-1 shall be (a) categorized as being located in either Tax Zone A or Zone B, (b) classified as Developed Property, Undeveloped Property or Contingent Taxable Property and (c) shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below. Furth=ore, all Developed Property shall then be classified as Residential or Non-Residential Property. C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Non-Residential Property shall be the greater of (1) the Assigned Special Tax described in Table I or (2) the Backup Special Tax computed pursuant to b. on next page. a. Assi!~ned Special Tax 2-7 The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. 2-8 TABLEl Assigned Special Tax for Developed Property within Zone A and Zone B Land Use Class Descri tion Assi ed S ecial Tax $890 per Unit Plus $0.79 per square foot of Residential Floor Area I Residential Property 2 Non-Residential Pro $6,000 per Acre b. Backun Special Tax When a Final Subdivision Map or a condominium plan is recorded within Zone A or Zone B, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Non-Residential Property shall be determined as follows: For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone A $24,383 x A B= ------------------------ L Zone B $41,621 x A B= ------------------------ L The terms have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year. A = Acreage classified or to be classified as Residential Property in such Final Subdivision Map. L = For a Final Subdivision Map, the number of Lots which are classified or to be classified as Residential Property. 2-9 For each Assessor's Parcel of Developed Property classified as Non-Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Non- Residential Property within the Final Subdivision Map area, the Backup Special Tax shall be determined by multiplying $24,383 for Zone A and $41,621 for Zone B by the total Acreage of any such Assessor's Parcel. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Non- Residential Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Subdivision Map, then the Backup Special Tax applicable to such Assessor' s Parcels shall be recalculated to equal the total amount of Backup Special Tax that would have been generated if such change did not take place. 2. Undeveloped Property and Contingent Taxable Property The Maximum Annual Special Tax for each Assessor's Parcel of Undeveloped Property and Contingent Taxable Property shall be $24,383 per Acre for Zone A and $41,621 per Acre for Zone B. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property within Zone A and Zone B at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on all Undeveloped . Property within Zone A and Zone B, at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. In determining the Acreage of an Assessor's Parcel of Undeveloped Property for purposes of determining the annual Special Tax to be levied on such Assessor' s Parcels of Undeveloped Property, the CFD Administrator shall not include any Acreage shown on any applicable tentative subdivision map or other land use entitlements approved by the City that designates such Acreage for a use that would be classified as Open Space, Property Owner Association Property or Public Property. Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed Property whose Maximum Annual Special Tax is derived by the application of the Backup 2-10 Special Tax then the AD1lual Special Tax sha1l be increased at the same percentage from the Assigned Special Tax up to the Maximum AD1lual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on all Contingent Taxable Property at a rate up to 100% of the Maximum AD1lual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel. E. EXEMPTIONS L The CFD Administrator shall classify the following as Exempt Property: (i) Public Property, (ii)' Property Owner Association Property, (iii) Open Space and (iv) Assessor' s Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; provided, however, that no such classification shall reduce the sum of aH Taxable Property to less than 32.98 Acres for Zone A and 22.00 Acres for Zone B. Assessor's Parcels which CaDllot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 32.98 Acres for Zone A and 22.00 Acres for Zone B will be classified as Contingent Taxable Property and shall be taxed pursuant to the fourth step of Section D. Exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes Exempt Property. 2. The Maximum AD11ual Special Tax obligation for any property which would be classified as Public Property upon its transfer or dedication to a public agency but which is classified as Contingent Taxable Property pursuant to E.I above shall be prepaid in full by the seHer pursuant to Section H.I, prior to the transfer/dedication of such property to such public agency. Until the Maximum AD11ual Special Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Contingent Taxable Property. 3. If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in E.!. above that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property. F. REVIEW/APPEAL COMMITTEE Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If fo Howing 2-11 such consultation, the CFD AdmIDistrator detemrincs that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the CFD Administrator), the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of CFD No. 12-1 and a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make detemrinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad 1Ialorem property taxes; provided, however, that CFD No. 12-1. may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of Special Taxes. Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond tenders shall only be allowed on a. case-by-case basis as specifically approved by the Council. H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means those public facilities authorized to be financed by CFD No. 12-1. "CFD Public Facilities Costs" means either $ 17.1 million, or such lower number as shall be determined either by (a) the CFD Aitmini~trator as sufficient to finance the CFD Public Facilities, or (b) the Council concurrently with a covenant that it will not issue any more Bonds to be secured by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct theCFD Public Facilities. "Fu ture Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of the CFD Public Facilities Costs previously funded (i) from the proceeds of all previously issued Bonds, (ii) from interest earnings on the Construction Fund actually earned prior to the date of 2-12 prepayment and (iii) directly from Special Tax revenues and (b) the amount of the proceeds of all previously issued Bonds then on deposit in the Construction Fund. "Outsta nlling Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Contingent Taxable Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided, however that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure. The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized terms as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Prepayment Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: 1. For Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which a building permit has been issued to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property, based upon the building permit issued for that Assessor's Parcel. For Assessor's Parcels of Contingent Taxable Property to be prepaid, compute the Maximum Annual Special Tax 2-13 for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property . 2. Divide the Maximum Annual Special Tax computed pursuant to step I by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within CFD No. 12-1 excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. 3. Multiply the quotient computed pursuant to step 2 by the principal amount of the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4. Multiply the Bond Redemption Amount computed pursuant to step 3 by the applicable redemption premium on the next possible Bond call date, if any, on the Outstanding Bonds to be redeemed (the" Redemption Premiu m"). 5. If all the Bonds authorized to be issued for CFD No. 12-1 have not been issued, then compute the Future Facilities Costs. 6. Multiply the quotient computed pursuant to step 2 by the amount determined pursuant to step 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Fucure Facilities Amount"). 7. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. 10. Determine the fees and expenses of CFD No. 12-1, including but not limited to, the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds from the proceeds of such prepayment, and the cost of recording any notices to evidence the prepayment and the redemption (the "Prepayment Fees and Expenses") . 11. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the prepayment amount less the Prepayment Fees and Expenses, as determined pursuant to step 10, from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 12. Add the amounts computed pursuant to steps 7 and 9 and subtract the amount computed pursuant to step 11 (the "Defeasance Amount"). 2-14 13. The reserve fund credit (the "Reserve FlUId Credit~) shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defined in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to step 2 by the expected balance in the capitalized interest fund after such first interest payment (the "Capital ized Interest Credit~). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to steps 3, 4, 6, 10, and 12, less the amounts computed pursuant to steps 13 and 14 (the "Prepayment Amount~). 16. From the Prepayment Amount, the amounts computed pursuant to steps 3, 4, 12, 13, and 14 shall be depos ited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to step shall be retained by CFD No. 12-1. The amount computed pursuant to step 6 shall be deposited in the Construction Fund. The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under step 9 above, the CFD Adnrinistrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor' s Parcel, and the obligation of such Assessor' s Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within CFD No. 12-1 prior to and after the proposed prepayment is at least L 1 times the maximum annual debt service on all Outstanding Bonds. 2. Prepayment in Part 2-15 The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building pennit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section HI; except that a partial prepayment shall be calculated according to the following formula: PP = (pE-A x F) + A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section H.l, minus Prepayment Fees and Expenses determined pursuant to Step 10. F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax. A = the Prepayment Fees and Expenses determined pursuant to Step 10. The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such oWDer's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company Dr agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the OWDer with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Step 16 ofSectionH.l, and (ii) indicate in the records ofCFD No. 12-1, that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. 1. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2006-2007 to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no longer than the 2046-2047 Fiscal Year.] 2-16 ,. .... Page 1, Item v Meeting Date 9/20/05 COUNCIL AGENDA STATEMENT ITEM TITLE: A. Resolution of the City Council of the City of Chula Vista, California adopting a map showing the boundaries of the territory proposed to be included in Community Facilities District No. 13-1 (Otay Ranch Village Seven) B. Resolution of the City Council of the City of Chula Vista, California declaring its intention to establish Community Facilities DistrictNo. 13-1 (OtayRanch Village Seven) and to authorize the levyofa special tax therein to finance the acquisition or construction of certain facilities. C. Resolution of the City Council of the City of Chula Vista, California ordering and directing the preparation of a report for proposed Community Facilities District No. 13-1 (Otay Ranch Village Seven) D. Resolution of the City Council of the City of Chula Vista, California, declaring the necessity of Community Facilities District No. 13-1 (Otay Ranch Village Seven) to incur a bonded indebtedness to be secured by special taxes levied within such district to pay for the acquisition or construction of certain facilities in Community Facilities District No. 13-1 (Otay Ranch Village Seven) SUBMITTED BY: City Engineer 6Pr /.JI . r; City Manager r; ( "p.-;P (4/5ths Vote: Yes_NolO REVIEWED BY: Otay Project, L.P., LLC has requested the City to initiate proceedings to form a Community Facilities District No. 13-1 (CFD No. 13-1)(the "District") for the acquisition or construction of public facilities serving their properties within Village Seven. Originally Villages Two and Seven were both going to be included within CFD No. 13-1 but due to the timing of the Village Two entitlement process only Village Seven will be included in CFD No. 13-1. Village Two will be part of a future CFD. Tonight's action will (a) declare the intention of the City Council to: (i) establish such a Community Facilities District, (ii) authorize the levy of special taxes within such Community Facilities District pursuant to the proposed rate and method of apportionment for the Community Facilities District and (iii) declare the necessity of such Community Facilities District to incur a bonded indebtedness secured by such special taxes, (b) adopt a boundary map of the Community Facilities District, (c) describe the facilities authorized to be financed by such Community Facilities District, (d) request the City Engineer to direct the special tax consultant to prepare the Community Facilities District Report and (e) set the public hearing for the Community Facilities District for October 18, 2005. RECOMMENDATION: That Council: 1) Approve the Resolution adopting the boundary map for CFD No. 13-1, 2) Approve the Resolution declaring the intention to establish CFD No. 13-1 and to levy a special tax to finance certain facilities, 3-1 Page 2, Item 3 Meeting Date 9/20/05 3) Approve the Resolution ordering and directing the preparation of the "Special Report" for CFD No. 13-1 4) Approve the Resolution declaring the necessity ofCFD No. 13-1 to incur a bonded indebtedness to finance the acquisition or construction of facilities. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Otay Project, L.P., LLC has formally petitioned the City to form Community Facilities District No. 13-1 (Otay Ranch Village Seven) (CFD No. 13-1) (the "District") pursuant to the Mello-Roos Act of 1982 for the purpose of financing the construction and/or acquisition of certain public improvements serving Village Seven of the Otay Ranch. Community Facilities Districts provide the necessary funding for the acquisition or construction of public improvements by levying an annual "special tax", which is collected from the property owners in conjunction with the property taxes and by issuing bonds secured by the levy of such special taxes. There is no direct cost to the City. All expenses related to the District administration (including levying and collecting the special taxes) are to be funded by the District. The ultimate security for the bonds are the properties located within the District, not the City's General Fund or its ability to tax property within its jurisdiction outside of the District. This District will be formed in conformance with the "City of Chula Vista Statement of Goals and Policies Regarding the Establishment of Community Facilities Districts" (CFD Policy). To date the Environmental Impact Report pertaining to the development within the proposed District has been approved by the City Council on October 12, 2004. The Tentative Map was approved by City Council also on October 12, 2004. District Boundaries Exhibit I presents the boundaries of the proposed CFD No.B-I, which includes parcels located within Village Seven (90.5 gross acres) and portions of parcels outside of Village Seven (west of La Media Road), which will be removed trom the CFD via an amended boundary map after recordation of the "A" Map. Village Seven is bounded by La Media Road to the West, Birch Road to the North, and Magdalena Avenue to the East and Santa Luna to the South. The Otay Project is anticipating 33 acres will be designated for residential use in Village Seven and the remaining acres to be reserved for Community Public Facilities, streets, Right of Way, and open space. At buildout there will be 361 residential units in Village Seven. The Imnrovements The special tax consultant has prepared a preliminary "2% maximum tax" analysis based on estimated house sizes and prices (see Exhibit 2). The 2% tax analysis sets the amount of the maximum special tax that may be levied by the District within District. The proposed taxes are discussed below in the section "Proposed Special Taxes". Additional calculations show that the maximum special tax revenue (using the proposed taxes) trom all the properties would support a total bonded indebtedness of approximately $17 million (assuming a 6.5 % interest rate and a 3D-year term on the bonds). A bond sale amount of $17 million will finance approximately $13.8 million in facilities (i.e. grading, landscaping, streets, utilities, drainage, sewer, 3-2 Page 3, Item 3 Meeting Date 9/20/05 pedestrian bridges, etc). The balance would provide for a reserve fund, capitalized interest, priority administration, district formation and bond issuance costs. The developer has requested that the District be authorized to finance backbone streets and associated improvements (i.e., grading, sewer, streets, landscaping, utilities, etc.), eligible public facilities DIF improvements. Exhibit 3 shows a preliminary list of facilities with a total cost estimate of approximately $13.7 million. Tonight, Council would only be approving the types of the improvements to be financed by District. As noted above, it is estimated that only $17 million of bonds may be supported by this District, raising approximately $13.7 million of project proceeds. A final priority list and cost estimate of the improvements eligible for District financing will be brought later to Council in conjunction with the Acquisition/Financing Agreement. Ultimately, as subdivision exactions, the developer will finance improvements that this District cannot finance. The proposed District lies within portions of various Development Impact Fee (DIF) benefit areas (Public Facility, Transportation, and Sewer) which place a cap on the District's ability to finance these improvements. Staff will work with the developer to achieve a balance between DIF and non- DIF improvements within the District. The actual amount to be financed by District would depend upon a number of factors including final interest rate on the bonds, value to lien ratio and revisions to the cost estimates (higher or lower) for the proposed $13.7 million for project proceeds. Thus, staff recommends that tonight, Council approve a bond sale amount not to exceed $22 million which is specified in the "Resolution Declaring Necessity to Incur Bonded Indebtedness" that is before Council tonight. The developer concurs with staff's recommendation. Proposed Special Taxes Tonight, Council would be approving the "Rate and Method of Apportionment" ("RMA") Exhibit A that establishes the procedure for levying the special taxes within the District. The developed residential parcels (both single and multi family uses) are taxed based on a flat rate plus the square footage of the building. Developed parcels are those parcels for which a building permit has been issued. This special tax rate has been determined by a preliminary "2% maximum tax" analysis. Said analysis, which is based on estimated house sizes and prices, sets the amount of the maximum special tax that may be levied by the District on developed residential parcels. It should be noted that a final test would be required at escrow closing using actual house sale prices. If the 2% limit is exceeded, the developer is required to buy down the lien to an amount sufficient to meet the 2% criteria. There are two Tax Zones proposed for this CFD to more equally distribute Backup Special Tax in relation to residential floor area, as described in the RMA. The proposed assigned Special Tax for Developed Property within Zones A and B Property Description Proposed Tax Rate Residential Property $1,950 per unit plus $1.10 per sq. fi. Non-Residential Property $6,000 per Acre 3-3 Page 4, Item 3 Meeting Date 9/20/05 The special tax proposed to be authorized to be levied on Undeveloped and Contingent Taxable Property is based on the acreage of the parcel. The RMA proposes the following tax rates: Tax Rate Area Undeveloped Property Undeveloped and Contingent $61,685 per Acre Taxable Property - Zone A Undeveloped and Contingent $42,059 per Acre Property - Zone B It should be noted that no commercial uses are currently proposed in Village Seven. The developer considers these proposed special tax rates to be reasonably supported by the residential land use categories. The Undeveloped Property category includes all the parcels for which a building permit has not been issued. The special tax on Undeveloped Property is based on the total acreage of the parcel. During buildout if the collection of special taxes from developed taxable properties is not be enough to cover the annual debt service, the Undeveloped Property taxes will cover the shortfall. The Special Tax Consultant has determined that an Undeveloped Property tax will be needed to meet the annual debt service. Even if no development occurs and the whole property remains undeveloped, the proposed special tax proposed to be levied on undeveloped property will generate enough special tax revenue to cover the debt service on the bonds. Public Property, Property Owner Association Property and open space will be exempt from the Special Tax on the condition that this does not reduce the sum of all Taxable Property to less than 10.56 acres in Zone A and 20.81 Acres in Zone B. Any of this property which cannot be classified as exempt property because such classification would reduce the Acreage of all Taxable Property to less than 10.56 Acres in Zone A and 20.81 Acres in Zone B will then be classified as Contingent Taxable Property and subject to the levy of the special tax at a rate of $61,685 per acre in Zone A and $42,059 per acre in Zone B. These categories were created to provide additional assurance to prospective bond purchasers that the collectible special tax revenue will always cover the annual debt service. Collection of Taxes First, the proposed Assigned Special Tax will first be levied on the Developed Property. Second, if this pool of funds is not enough to meet the annual debt service, as may be the case in the early years of development, the City Administrator will levy a Special Tax on the Undeveloped Property. Again, if additional monies are needed after the first two steps have been completed, the special tax shall be increased proportionately on each parcel from the Assigned Special Tax up to the Maximum Annual Special Tax as determined by the application of a Backup Special Tax. If, after these three steps are exhausted, there is still a need for additional monies, then the special tax shall be levied proportionately on each parcel classified as Contingent Taxable Property pursuant to Section E in the RMA for the Assigned Special Tax up to the Maximum Annual Special Tax. After buildout, if determined by the City Administrator that the annual tax need is less than the collectible tax from the Developed Parcels, the special taxes to be levied in that specific year will be reduced proportionately. Since this district is assessed based on the square footage of the home or property the bondholders require protection in the event that the developer builds less than projected. This district uses a Backup Special Tax where when each Final Subdivision Map is recorded; the Backup Special Tax will be applied to the Developed Property. 3-4 Page 5, Item 3 Meeting Date 9120/05 The Backup Special Tax fonnula is: Zone A Zone B B = $61.685 x A L B= $42.059 X A L A = the acreage classified as Residential Property L = the number oflots classified as Residential. The proposed "Rate and Method" also includes provisions for the prepayment of the special taxes in the event the developer or a future property owner decides to do so. Value to Lien Ratio Policv The CFD Policy requires any bond issue secured by the levy of special taxes be sized based upon a minimum 4: I value-to-lien ratio. A ratio ofless than 4: I, but equal to or greater than 3:1, may be approved, in the sole discretion of Council, when it is determined that a ratio ofless than 4: I is financially prudent under the circumstances of a particular district. A final appraisal and lien ratio analysis would be available for Council consideration prior to bond sale, which is planned for late in 2005. If the final analysis shows parcels which fail to meet the 4: I or 3: I ratio, the developer would be required to either: . Provide cash or letters of credit to maintain the value-to-lien ratio within the CFD Policy; or, . The principal amount of the bonds to be issued for District will be reduced to comply with the CFD Policy; or, . Provide sufficient information to convince Council that a lesser lien ratio is prudent. Maximum Tax Policv The CFD Policy establishes that the maximum annual District special taxes applicable to any newly developed residential property shall be no more than 1% of the sale price of the house. In addition, the aggregate of all annual taxes and assessments is limited to 2% of the sale price of the house. A preliminary calculation of the maximum special tax, using estimated house urices, has been completed and the projected maximum special tax for all homes falls below the 2% limit (see Exhibit 2). A [mal test will be perfonned at escrow closing using the actual sale price of the house. The CFD Policy requires that at or prior to each closing of escrow, the escrow company shall apply a "calculation formula" previously approved by the City Engineer to detennine the aggregate of regular County taxes, Mello-Roos taxes, and assessment installments. If the 2% limit were exceeded, the developer would be required to provide cash to buy down the lien to an amount sufficient to meet the 2% tax ceiling. Compliance with this procedure would ensure that the aggregate tax to be paid by the purchaser of the house meets the CFD Policy criteria. Since the 2% limit is required by the CFD Policy the limit is not being included in the Rate and Method of the District. Resolutions There are four resolutions on today's agenda that, if adopted, will accomplish the following: 3-5 ,-, Page 6, Item ") Meeting Date 9/20/05 The RESOLUTION ADOPTING THE BOUNDARY MAP is the formal action adopting the map and setting forth the boundaries of the proposed District. The RESOLUTION OF INTENTION is the jurisdictional resolution declaring the intention on the City Council to establish the proposed District, authorize the levy of a special tax pursuant to the Rate and Method, and set the time and place for the public hearing for October 18,2005. The RESOLUTION ORDERING THE "REPORT" is the formal action of the City Council directing the preparation of a detailed report containing a description of the facilities and their estimated cost. The RESOLUTION DECLARING NECESSITY TO INCUR BONDED INDEBTEDNESS is the formal declaration of the City Council determining that the public convenience and necessity requires that bond indebtedness be incurred to finance certain public facilities proposed by the District. The bond amount of $22 million approved by this resolution is a maximum authorization. The actual amount of the bond sale will depend upon a number of factors including interest rates on the bonds and compliance with the value-to-lien ratio criteria. Future Actions Adoptions of tonight's resolutions will set the District's public hearing for October 18,2005. At Resolution of Forrnation the boundary map will be amended to remove land outside of Village Seven from the CFD boundaries. There will be an election following the public hearing for the landowners to vote on the authorization to levy the special tax pursuant to the Rate and Method of Apportionment and the authorization for the District to incur a bonded indebtedness in an amount not to exceed $22 million. Once the votes are cast, Council will be requested to certify the election at its next available council date, and the District will be formed. Fiscal Impact: None, the developer will pay all costs and has deposited money to fund initial consultant costs, and City costs in accordance with the approved Reimbursement Agreement. The City will receive the benefit of the full cost recovery for staff time involved in District formation and administration activities. Staff anticipates that most of the District administration will be contracted out in accordance with the CFD Policy, as consideration for the City's agreement to use the City's bonding capacity to provide the financing mechanism for the construction of the proposed improvements, the developer will pay one percent (I %) of the total bond authorization. Said requirement will be memorialized in the AcquisitionfFinancing Agreement that will be brought to Council at a later date. For example based on a bond sale totaling 17 million, said monetary compensation would be $170,000. Said amount shall be paid prior to bond sale (scheduled for early 2006) and will be deposited into the General Fund. The CFD Policy also stipulates that said compensation is not eligible for financing by the District. 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Exhibit 3 Proposed List of Facilities City of Chula Vista Community Facilities District No. 13-1 (Otay Ranch Village Seven) 1) La Media - Birch to Southwest Property Line (Traffic Signal included) 2) Backbone StreetslUtilities 3) Other Backbone Costs - Trail System/Storm Drain System 4) Magdalena Avenue- Yz the cost 5) Santa Luna 6) Slope Landscaping 7) Environmental Mitigatiqn In addition to the above improvements, this CFD's bonding capacity maybe used for offsite facilities to be financed by Transportation Development Impact Fees (TDIF), Public Facilities Development Impact Fees (PFDIF) and Sewer Fees. 3-9 EXHIBIT 4- RATE AND METHOD OF APPORTIONMENT FOR CITY OF CHULA VISTA COMMUNITY FACILITIES DISTRICT NO. 13-1 (Otay Ranch Village Seven) A Special Tax as hereinafter defined shall be levied on each Assessor's Parcel of Taxable Property within the City of Chula Vista Community Facilities District No. 13-1 (CFD No. 13-1) and collected each Fiscal Year commencing in Fiscal Year 2006-2007 in an amount detennined by the City Council through the application of the appropriate Special Tax for "Developed Property", "Undeveloped Property" and "Contingent Taxable Property" as described below. All of the Taxable Property CFD No. 13-1, unless exempted by law or by the provisions hereof, shall be taxed for the purposes, to the extent and in the manner herein provided. A. DEFINITIONS The tenns hereinafter set forth have the following meaning: "Acre or Acreage" means the land area of an Assessor's Parcel as shown on an Assessor's Parcel Map, or if the land area is not shown on an Assessor's Parcel Map, the land area shown on the applicable Final Subdivision Map, parcel map, condominium plan, record of survey, or other recorded document creating or describing the parcel. If the preceding maps for a land area are not available, the Acreage of such land area shall be detennined by the City Engineer. "Act" means the Mello-Roos Community Facilities Act of 1982, as amended, being Chapter 2.5, Division 2 of Title 5 of the Government Code ofthe State of California. "Administrative Expense Requirement" means an annual amount equal to $75,000, or such lesser amount as may be designated by written instruction ITom an Authorized Representative to the Fiscal Agent, to be allocated as the fust priority of Special Taxes received each Fiscal Year for the payment of Administrative Expenses. "Administrative Expenses" means the actual or reasonably estimated costs directly related to the administration of CFD No. 13-1 including, but not limited to, the following: the costs of computing the Special Taxes and preparing the annual Special Tax collection schedules (whether by the City or designee thereof or both); the costs of collecting the Special Taxes (whether by the County, the City, or otherwise); the costs of remitting the Special Taxes to the Trustee; the costs of the Trustee (including its legal counsel) in the discharge of the duties required of it under the Indenture; the costs to the City, CFD No. 13-1 or any designee thereof of complying with arbitrage rebate requirements; the costs to the City, CFD No. 13-1 or any designee thereof of providing continuing disclosure; the costs associated with preparing Special Tax disclosure statements and responding to public inquiries regarding the Special Taxes; the costs of the City, CFD No. 13-1 or any designee thereof related to any appeal of the levy or application of the Special Tax; and the costs associated with the release of funds ITom an escrow account, if any. Administrative City oj Chula Vista Community Facilities District No. 13-1 Otay Ranch Villa!;e Seven August 12. 2005 3-10 Pa!;e 1 Expenses shall also include amounts estimated or advanced by the City or CFD No. 13-1 for any other administrative purposes, including, but not limited to, attorney's fees and other costs related to commencing and pursuing to completion any foreclosure of delinquent Special Taxes. "Assessor's Parcel" means a lot or parcel shown in an Assessor's Parcel Map with an assigned Assessor's Parcel number. "Assessor's Parcel Map" means an official map of the County Assessor of the County designating parcels by an Assessor's Parcel number. "Assigned Special Tax" means the Special Tax for each Land Use Category of Developed Property as determined in accordance with Section C.I.a. "Available Funds" means the balance in the reserve fund established pursuant to the terms of any Indenture in excess of the reserve requirement as defined in such Indenture, delinquent Special Tax payments not required to fund the Special Tax Requirement for any preceding Fiscal Year, Special Tax prepayments collected to pay interest on Bonds, and other sources of funds available as a credit to the Special Tax Requirement as specified in such bond indenture. "Backup Special Tax" means the Backup Special Tax amount set forth in Section C.1.b. "Bonds" means any bonds or other debt (as defined in the Act), whether in one or more series, issued by CFD No. 13-1 under the Act. "Bond Year" means a one-year period beginning on September 2nd in each year and ending on September I st in the following year, unless defmed differently in the applicable Indenture. "CFD Administrator" means an official of the City, or designee thereof, responsible for determining the Special Tax Requirement and providing for the levy and collection of the Special Taxes. "CFD No. 13-1 means City ofChula Vista, Community Facilities District No. 13-1. "City" means the City of Chula Vista. "Community Purpose Facility Property" means all Assessor's Parcels which are (a) classified as community purpose facilities and meet the requirements of City of Chula Vista Ordinance No. 2002-2883 as amended on November 5, 2002 or (b) designated on an "A" Map or a Final Subdivision Map as a community purpose facility. "Contingent Taxable Property" means all Assessor's Parcels of Public Property, Property Owner Association Property, Community Purpose Facility Property, Open City of Chula Vista Community Facilities District No. 13-1 Dtay Ranch Villa>:e Seven August 12, 2005 3-11 Pa!;e2 Space or other property that would otherwise be classified as Exempt Property pursuant to the provisions of Section E, but cannot be classified as Exempt Property because to do so would reduc'e the Acreage of all Taxable Property below the required minimum acreage as set forth in Section E.I for Zone A or Zone B as applicable. "Council" means the City Council of the City, acting as the legislative body of CFD No. 13-1. "County" means the County of San Diego. "Developed Property" means all Assessor's Parcels of Taxable Property for which a building pe=it has been issued prior to March I st preceding the Fiscal Year in which the Special Tax is being levied. "Exempt Property" means all Assessors' Parcels that are exempt from the Special Tax pursuant to Section E.I. "Final Subdivision Map". means a subdivision of property, created by recordation of a final subdivision map, parcel map or lot line adjustment, approved by the City pursuant to the Subdivision Map Act (California Government Code Section 66410 et seq.) or recordation of a condominium plan pursuant to California Civil Code 1352, that creates individual lots for which residential building permits may be issued without further subdivision of such property. "Fiscal Year" means the period starting July I and ending on the following June 30. "Indenture" means the indenture, fiscal agent agreement, trust agreement, resolution or other instrument pursuant to which Bonds are issued, as modified, amended and/or supplemented from time to time, and any instrument replacing or supplementing the same. "Land Use Class" means any of the classes listed in Table 1 of Section C.1.a. "Lot(s)" means an individual legal lot created by a Final Subdivision Map for which a building pe=it for residential construction has been or could be issued. Notwithstanding the foregoing, in the case of an individual legal lot created by such a Final Subdivision Map upon which condominium units are entitled to be developed but for which a condominium plan has not been recorded, the number of Lots allocable to such legal lot for purposes of calculating the Backup Special Tax applicable to such Final Subdivision Map shall equal the number of condominium units which are pe=itted to be constructed on such legal lot as shown on such Final Subdivision Map. "Maximum' Annual Special Tax" means the maximum annual Special Tax, determined in accordance with the provisions of Section C, which may be levied in any Fiscal Year on any Assessor's Parcel of Taxable Property. City of Chu/a Vista Community Facilities District No. 13-[ Otay Ranch Village Seven August 12, 2005 3-12 Page 3 "Non-Residential Property" means all Assessor's Parcels of Developed Property, for which a building permit(s) has been issued to allow the construction of one or more buildings or structures for a non-residential use. "Occupied Residential Property" means all Assessors' Parcels of Residential Property for which title is owned by an end user (homeowner). "Open Space" means property within the boundaries of CFD No. 13-1 which (a) has been designated with specific boundaries and acreage on a Final Subdivision Map as open space (b) is classified by the County Assessor as open space (c) has been irrevocably offered for dedication as open space to the federal government, the State of California, the County, the City, any other public agency or (d) is encumbered by an easement or other restriction required by the City limiting the use of such property to open space. "Outstanding Bonds" mean all Bonds, which remain outstanding as defined III the Indenture. "Property Owner Association Property" means any property within the boundaries of CFD No. 13-1 which is (a) owned by a property owner association or (b) designated with specific boundaries and acreage on a Final Subdivision Map as property owner association property. As used in this definition, a property owner association includes any master or sub-association. "Proportionately" means for Developed Property that the ratio of the Special Tax levy to the Assigned Special Tax or the Backup Special Tax is equal for all Assessors' Parcels of Developed Property within CFD No. 13-1. For Undeveloped Property or Contingent Taxable Property "Proportionately" means that the ratio of the actual Special Tax levy per Acre to the Maximum Annual Special Tax per Acre is equal for all Assessor's Parcels of Undeveloped Property and equal for all Assessor's Parcels of Contingent Taxable Property within CFD No. 13-1. "Public Property" means any property within the boundaries of CFD No. 13-1 that which (a) is owned by a public agency, (b) has been irrevocably offered for dedication to a public agency or (c) is designated with specific boundaries and acreage on a Final Subdivision Map as property which will be owned by a public agency. For purposes of this definition, a public agency includes the federal government, the State of California, the County, the City or any other public agency. "Residential Property" means all Assessor's Parcels of Developed Property for which a building permit has been issued for purposes of constructing one or more residential dwelling units. "Residential Floor Area" means all of the square footage of living area within the perimeter of a residential structure, not including any carport, walkway, garage, overhang, patio, enclosed patio, or similar area. The determination of Residential Floor Area shall be made by the CFD Administrator by reference to appropriate records kept by the City's City of Chu/a Vista Community Facilities District No. 13-1 Otay Ranch Villa!;e Seven August 12, 2005 3-13 Pa!;e 4 Building Department. Residential Floor Area for a residential structure will be based on the building' permit(s) issued for such structure prior to it being classified as Occupied Residential Property, and shall not change as a result of additions or modifications made to such structure after such classification as Occupied Residential Property. "Special Tax" means the annual special tax to be levied in each Fiscal Year on each Assessor's Parcel of Taxable Property to fund the Special Tax Requirement. "Special Tax Requirement" means that amount of Special Tax revenue required in any Fiscal Year for CFD No. 13-1 to: (i) Pay Administrative Expenses in an amount equal to Administrative Expense Requirement or such other amount as may be designated by the City (ii) pay annual debt service on all Outstanding Bonds (as defined in Section A) due in the Bond Year beginning in such Fiscal Year; (iii) pay other periodic costs on Outstanding Bonds, including but not limited to, credit enhancement and rebate payments on Outstanding Bonds; (iv) pay any amounts required to establish or replenish any reserve funds for all Outstanding Bonds in accordance with the Indenture; and (v) pay directly for acquisition and/or construction of public improvements which are authorized to be financed by CFD No. 13-1 provided that the inclusion of such amount does not cause an increase in the levy of Special Tax on the Undeveloped Property for CFD No. 13-1; less (vi) a credit for Available Funds. "State" means the State of California. "Taxable Property" means all of the Assessor's Parcels within the boundaries of CFD No. 13-1 that are not exempt from the Special Tax pursuant to law or Section E below. "Trustee" means the trustee, fiscal agent, or paying agent under the bond indenture. "Undeveloped Property" means, for each Fiscal year, all Taxable Property not classified as Developed Property or Contingent Taxable Property. "Zone A" means the specific geographic area designated as such and as depicted in Exhibit A attached hereto. "Zone B" means the specific geographic area designated as such and as depicted in Exhibit A attached hereto. B. ASSIGNMENT TO LAND USE CATEGORIES Each Fiscal Year, all Assessor's Parcels of Taxable Property within CFD No. 13-1 shall be (a) categorized as being located in either Tax Zone A or Zone B, (b) classified as Developed Property, Undeveloped Property or Contingent Taxable Property and (c) shall be subject to the levy of annual Special Taxes determined pursuant to Sections C and D below. Furthermore, all Developed Property shall then be classified as Residential or Non- Residential Property. City of Chu/a Vista Community Facilities District No. 13-1 Otay Ranch Villa/<e Seven August 12,2005 3-14 Pa/<e5 C. MAXIMUM ANNUAL SPECIAL TAX RATE 1. Developed Property The Maximum Annual Special Tax for each Assessor's Parcel of Residential Property or Non-Residential Property shall be the greater of (I) the Assigned Special Tax described in Table I or (2) the Backup Special Tax computed pursuant to b. on next page. a. Assie:ned Special Tax The Assigned Special Tax for each Assessor's Parcel of Developed Property is shown in Table 1. TABLE 1 Assigned Special Tax for Developed Property within Zone A and Zone B Land Use Class Description Assh>ned Snecial Tax $1950 per unit plus $1.10 per I Residential Property square foot of Residential Floor Area 2 Non-Residential $6,000 per Acre Property b. Backup Speelal Tax When a Final Subdivision Map or a condominium plan is recorded within Zone A or Zone B, the Backup Special Tax for Assessor's Parcels of Developed Property classified as Residential Property or Non-Residential Property shall be determined as follows: For each Assessor's Parcel of Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Residential Property upon its development within the Final Subdivision Map area, the Backup Special Tax shall be the rate per Lot calculated according to the following formula: Zone A $61,685 x A B= -------~---------------- L Zone B City of Chula Vista Community FacilitiesDistrict No. 13-1 Gtay Ranch Villa!?e Seven August 12, 2005 3-15 Pa!?e 6 $42,059 x A B= ------------------------ L The terms have the following meanings: B = Backup Special Tax per Lot in each Fiscal Year. A = Acreage classified or to be classified as Residential Property in such Final Subdivision Map. L = For a Final Subdivision Map, the number of Lots which are classified or to be classified as Residential Property. For each Assessor's Parcel of Developed Property classified as Non-Residential Property or for each Assessor's Parcel of Undeveloped Property to be classified as Non-Residential Property within the Final Subdivision Map area, the Backup Special Tax shall be determined by multiplying $61,685 for Zone A and $42,059 for Zone B by the total Acreage of any such Assessor's Parcel. Notwithstanding the foregoing, if Assessor's Parcels of Residential Property, Non- Residential Property or Undeveloped Property for which the Backup Special Tax has been determined are subsequently changed or modified by recordation of a new or amended Final Subdivision Map, then the Backup Special Tax applicable to such Assessor's Parcels shall be recalculated to equal the total amount of Backup Special Tax that would have been generated if such change did not take place. 2. Undeveloped Property and Contingent Taxable Property The Maximum Annual Special Tax for each Assessor's Parcel of Undeveloped Property and Contingent Taxable Property shall be $61,685 per Acre for Zone A and $42,059 per Acre for Zone B. D. METHOD OF APPORTIONMENT OF THE SPECIAL TAX Commencing with Fiscal Year 2006-07 and for each following Fiscal Year, the Council shall determine the Special Tax Requirement and shall levy the Special Tax until the amount of Special Taxes equals the Special Tax Requirement. The Special Tax shall be levied each Fiscal Year as follows: First: The Special Tax shall be levied Proportionately on each Assessor's Parcel of Developed Property within Zone A and Zone B at a rate up to 100% of the applicable Assigned Special Tax to satisfy the Special Tax Requirement. City of Chula Vista Community Facilities District No. 13-[ Otay Ranch Village Seven August 12. 2005 3-16 Page 7 Second: If additional monies are needed to satisfy the Special Tax Requirement after the first step has been completed, the Special Tax shall be levied Proportionately on all Undeveloped Property within Zone A and Zone B, at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. In determining the Acreage of an Assessor's Parcel of Undeveloped Property for purposes of determining the annual Special Tax to be levied on such Assessor's Parcels of Undeveloped Property, the CFD Administrator shall not include any Acreage shown on any applicable tentative subdivision map or other land use entitlements approved by the City that designates such Acreage for a use that would be classified as Open Space, Property Owner Association Property or Public Property. Third: If additional monies are needed to satisfy the Special Tax Requirement after the first two steps have been completed, the Special Tax to be levied on each Assessor's Parcel of Developed Property whose Maximum Annual Special Tax is derived by the application of the Backup Special Tax then the Annual Special Tax shall be increased at the same percentage rrom the Assigned Special Tax up to the Maximum Annual Special Tax for each such Assessor's Parcel. Fourth: If additional monies are needed to satisfy the Special Tax Requirement after the first three steps have been completed, then the Special Tax shall be levied Proportionately on all Contingent Taxable Property at a rate up to 100% of the Maximum Annual Special Tax for Undeveloped Property. Notwithstanding the above, under no circumstances will the Special Tax levied against any Assessor's Parcel of Residential Property be increased by more than ten percent per year as a consequence of delinquency or default in the payment of Special Taxes by the owner of any other Assessor's Parcel. E. EXEMPTIONS 1. The CFD Administrator shall classify the following as Exempt Property: (i) Public Property, (ii) Property Owner Association Property, (iii) Community Purpose Facility Property (iv) Open Space and (v) Assessor's Parcels with public or utility easements making impractical their utilization for other than the purposes set forth in the easement; provided, however, that no such classification shall reduce the sum of all Taxable Property to less than 10.56 Acres for Zone A and 20.8 I Acres for Zone B. Assessor's Parcels which cannot be classified as Exempt Property because such classification would reduce the Acreage of all Taxable Property to less than 10.56 Acres for Zone A and 20.81 Acres for Zone B will be classified as Contingent Taxable Property and shall be taxed pursuant to the fourth step of Section D. Exempt status for purposes of this paragraph will be assigned by the CFD Administrator in the chronological order in which property becomes Exempt Property. City of Chula Vista Community Facilities District No. 13-1 Otay Ranch Villa!';e Seven August f 2. 2005 3-17 Pa!';e8 2. The Maximum Annual Special Tax obligation for any property which would be classified as Public Property upon its transfer or dedication to a public agency but which is classified as Contingent Taxable Property pursuant to E.l above shall be prepaid in full by the seller pursuant to Section H.1, prior to the transfer/dedication of such property to such public agency. Until the Maximum Annual Special Tax obligation for any such Public Property is prepaid, the property shall continue to be subject to the levy of the Special Tax as Contingent Taxable Property. 3. If the use of an Assessor's Parcel of Exempt Property changes so that such Assessor's Parcel is no longer classified as one of the uses set forth in E.!. above that would make such Assessor's Parcel eligible to be classified as Exempt Property, such Assessor's Parcel shall cease to be classified as Exempt Property and shall be deemed to be Taxable Property. F. REVIEW/APPEAL COMMITTEE Any landowner or resident who feels that the amount of the Special Tax levied on their Assessor's Parcel is in error shall first consult with the CFD Administrator regarding such error. If following such consultation, the CFD Administrator determines that an error has occurred; the CFD Administrator may amend the amount of the Special Tax levied on such Assessor's Parcel. If following such consultation and action (if any by the CFD Administrator), the landowner or resident believes such error still exists, such person may file a written notice with the City Clerk of the City appealing the amount of the Special Tax levied on such Assessor's Parcel. Upon the receipt of any such notice, the City Clerk shall forward a copy of such notice to the City Manager who shall establish as part of the proceedings and administration of CFD No. 13-1 and a special three-member Review/Appeal Committee. The Review/Appeal Committee may establish such procedures, as it deems necessary to undertake the review of any such appeal. The Review/Appeal Committee shall interpret this Rate and Method of Apportionment and make determinations relative to the annual administration of the Special Tax and any landowner or resident appeals, as herein specified. The decision of the Review/Appeal Committee shall be final and binding as to all persons. G. MANNER OF COLLECTION The annual Special Tax shall be collected in the same manner and at the same time as ordinary ad valorem property taxes; provided, however, that CFD No. 13-1, may directly bill the Special Tax, may collect Special Taxes at a different time or in a different manner if necessary to meet its financial obligations, and may covenant to foreclose and may actually foreclose on Assessor's Parcels of Taxable Property that are delinquent in the payment of Special Taxes. Tenders of Bonds may be accepted for payment of Special Taxes upon the terms and conditions established by the Council pursuant to the Act. However, the use of Bond City of Chula Vista Community Facilities District No. 13-1 Otay Ranch Villal<e Seven August 12, 2005 3-18 Pal<e 9 tenders shall only be allowed on a case-by-case basis as specifically approved by the Council. H. PREPAYMENT OF SPECIAL TAX The following definition applies to this Section H: "CFD Public Facilities" means those public facilities authorized to be financed by CFD No. 13-1. "CFD Public Facilities Costs" means either $ 16.3 million, or such lower number as shall be determined either by (a) the CFD Administrator as sufficient to [mance the CFD Public Facilities, or (b) the Council concurrently with a covenant that it will not issue any more Bonds to be secured by Special Taxes levied under this Rate and Method of Apportionment. "Construction Fund" means an account specifically identified in the Indenture to hold funds which are currently available for expenditure to acquire or construct the CFD Public Facilities. "Future Facilities Costs" means the CFD Public Facilities Costs minus that (a) portion of the CFD Public Facilities Costs previously funded (i) from the proceeds of all previously issued Bonds, (ii) from interest earnings on the Construction Fund actually earned prior to the date of prepayment and (iii) directly ftom Special Tax revenues and (b) the amount of the proceeds of all previously issued Bonds then on deposit in the Construction Fund. "Outstanding Bonds" means all previously issued Bonds which will remain outstanding after the first interest and/or principal payment date following the current Fiscal Year, excluding Bonds to be redeemed at a later date with the proceeds of prior prepayments of Maximum Annual Special Taxes. 1. Prepayment in Full The Maximum Annual Special Tax obligation may only be prepaid and permanently satisfied for an Assessor's Parcel of Developed Property, Undeveloped Property for which a building permit has been issued, or Contingent Taxable Property. The Maximum Annual Special Tax obligation applicable to such Assessor's Parcel may be fully prepaid and the obligation of the Assessor's Parcel to pay the Special Tax permanently satisfied as described herein; provided, however that a prepayment may be made only if there are no delinquent Special Taxes with respect to such Assessor's Parcel at the time of prepayment. An owner of an Assessor's Parcel intending to prepay the Maximum Annual Special Tax obligation shall provide the CFD Administrator with written notice of intent to prepay. Within 30 days of receipt of such written notice, the CFD Administrator shall notify such owner of the prepayment amount of such Assessor's Parcel. The CFD Administrator may charge a reasonable fee for providing this figure. City of Chula Vista Community Facilities District No. 13-1 Otay Ranch Villa?;e Seven August 12. 2005 3-19 Pa?;e 10 The Prepayment Amount (defined below) shall be calculated as summarized below (capitalized tenns as defined below): Bond Redemption Amount plus Redemption Premium plus Future Facilities Amount plus Defeasance Amount plus Prepayment Fees and Expenses less Reserve Fund Credit less Capitalized Interest Credit Total: equals Prepayment Amount As of the proposed date of prepayment, the Prepayment Amount (defined below) shall be calculated as follows: Step No.: 1. For Developed Property, compute the Maximum Annual Special Tax for the Assessor's Parcel to be prepaid. For Assessor's Parcels of Undeveloped Property for which a building pennit has been issued to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel as though it was already designated as Developed Property; based upon the building pennit issued for that Assessor's Parcel. For Assessor's Parcels of Contingent Taxable Property to be prepaid, compute the Maximum Annual Special Tax for that Assessor's Parcel using the Maximum Annual Special Tax for Undeveloped Property. 2. Divide the Maximum Annual Special Tax computed pursuant to step I by the sum of the total expected Maximum Annual Special Tax revenues which may be levied within CFD No. 13-1 excluding any Assessors Parcels for which the Maximum Annual Special Tax obligation has been previously prepaid. 3. Multiply the quotient computed pursuant to step 2 by the principal amount of the Outstanding Bonds to compute the amount of Outstanding Bonds to be retired and prepaid (the "Bond Redemption Amount"). 4. Multiply the Bond Redemption Amount computed pursuant to step 3 by the applicable redemption premium on the next possible Bond call date, if any, on the Outstanding Bonds to be redeemed (the "Redemption Premium"). 5. If all the Bonds authorized to be issued for CFD No. 13-1 have not been issued, then compute the Future Facilities Costs. 6. Multiply the quotient computed pursuant to step 2 by the amount determined pursuant to step 5 to compute the amount of Future Facilities Costs to be allocated to such Assessor's Parcel (the "Future Facilities Amount'). City of Chula Vista Community Facilities Distn'ct No. /3-1 Otay Ranch Villa!?e Seven August /2. 2005 3-20 Pa!?e 1/ 7. Compute the amount needed to pay interest on the Bond Redemption Amount from the first bond interest and/or principal payment date following the current Fiscal Year until the earliest redemption date for the Outstanding Bonds. 8. Confirm that no Special Tax delinquencies apply to such Assessor's Parcel. 9. Determine the Special Taxes levied on the Assessor's Parcel in the current Fiscal Year, which have not yet been paid. 10. Determine the fees and expenses of CFD No. 13-1, including but not limited to, the costs of computation of the prepayment, the costs to invest the prepayment proceeds, the costs of redeeming Bonds from the proceeds of such prepayment, and the cost of recording any notices to evidence the prepayment and the redemption (the "Prepayment Fees and Expenses"). 11. Compute the amount the CFD Administrator reasonably expects to derive from the reinvestment of the prepayment amount less the Prepayment Fees and Expenses, as determined pursuant to step 10, from the date of prepayment until the redemption date for the Outstanding Bonds to be redeemed with the prepayment. 12. Add the amounts computed pursuant to steps 7 and 9 and subtract the amount computed pursuant to step 11 (the "Defeasance Amount"). 13. The reserve fund credit (the "Reserve Fund Credit") shall equal the lesser of: (a) the expected reduction in the reserve requirement (as defmed in the Indenture), if any, associated with the redemption of Outstanding Bonds as a result of the prepayment, or (b) the amount derived by subtracting the new reserve requirement (as defined in the Indenture) in effect after the redemption of Outstanding Bonds as a result of the prepayment from the balance in the reserve fund on the prepayment date, but in no event shall such amount be less than zero. 14. If any capitalized interest for the Outstanding Bonds will not have been expended at the time of the first interest payment following the current Fiscal Year, a capitalized interest credit shall be calculated by multiplying the quotient computed pursuant to step 2 by the expected balance in the capitalized interest fund after such first interest payment (the "Capitalized Interest Credit"). 15. The Maximum Annual Special Tax prepayment is equal to the sum of the amounts computed pursuant to steps 3, 4, 6, 10, and 12, less the amounts computed pursuant to steps 13 and 14 (the "Prepayment Amount"). 16. From the Prepayment Amount, the amounts computed pursuant to steps 3, 4,12, 13, and 14 shall be deposited into the appropriate fund as established under the Indenture and be used to retire Outstanding Bonds or make debt service payments. The amount computed pursuant to step shall be retained by CFD No. 13-1. The amount computed pursuant to step 6 shall be deposited in the Construction Fund. City of Chu/a Vista Community Facilities District No. 13-1 Otay Ranch Villal;e Seven August 12. 2005 3-21 Pal;e 12 The Prepayment Amount may be sufficient to redeem other than a $5,000 increment of Bonds. In such cases, the increment above $5,000 or integral multiple thereof will be retained in the appropriate fund established under the Indenture to be used with the next prepayment of bonds or to make debt service payments. As a result of the payment of the current Fiscal Year's Special Tax levy as determined under step 9 above, the CFD Administrator shall remove the current Fiscal Year's Special Tax levy for such Assessor's Parcel from the County tax rolls. With respect to any Assessor's Parcel that is prepaid, the Council shall cause a suitable notice to be recorded in compliance with the Act, to indicate the prepayment of Special Taxes and the release of the Special Tax lien on such Assessor's Parcel, and the obligation of such Assessor's Parcel to pay the Special Tax shall cease. Notwithstanding the foregoing, no Special Tax prepayment shall be allowed unless the amount of Maximum Annual Special Taxes that may be levied on Taxable Property within CFD No. 13-1 prior to and after the proposed prepayment is at least 1.1 times the maximum annual debt service on all Outstanding Bonds. 2. Prepayment in Part The Maximum Annual Special Tax on an Assessor's Parcel of Developed Property or an Assessor's Parcel of Undeveloped Property for which a building permit has been issued may be partially prepaid. The amount of the prepayment shall be calculated as in Section R I; except that a partial prepayment shall be calculated according to the following formula: PP = (PE-A x F) + A These terms have the following meaning: PP = the partial prepayment PE = the Prepayment Amount calculated according to Section R.1, minus Prepayment Fees and Expenses determined pursuant to Step 10. F = the percent by which the owner of the Assessor's Parcel(s) is partially prepaying the Maximum Annual Special Tax. A= the Prepayment Fees and Expenses determined pursuant to Step 10. The owner of an Assessor's Parcel who desires to partially prepay the Maximum Annual Special Tax shall notify the CFD Administrator of (i) such owner's intent to partially prepay the Maximum Annual Special Tax, (ii) the percentage by which the Maximum Annual Special Tax shall be prepaid, and (iii) the company or agency that will be acting as the escrow agent, if applicable. The CFD Administrator shall provide the owner with a statement of the amount required for the partial prepayment of the Maximum Annual Special Tax for an Assessor's Parcel within 30 days of the request and may charge a reasonable fee for providing this service. City of Chu/a Vista Community Facilities'District No. f3-f Oray Ranch Villa!;e Seven August f2. 2005 3-22 Pa!;ef3 With respect to any Assessor's Parcel that is partially prepaid, the City shall (i) distribute the funds remitted to it according to Step 16 of Section R.l, and (ii) indicate in the records ofCFD No. 13-1, that there has been a partial prepayment of the Maximum Annual Special Tax and that a portion of the Maximum Annual Special Tax equal to the outstanding percentage (1.00 - F) of the remaining Maximum Annual Special Tax shall continue to be authorized to be levied on such Assessor's Parcel pursuant to Section D. 1. TERM OF MAXIMUM ANNUAL SPECIAL TAX The Maximum Annual Special Tax shall be levied commencing in Fiscal Year 2006-2007 to the extent necessary to fully satisfy the Special Tax Requirement and shall be levied for a period no longer than the 2042-2043 Fiscal Year. City of Chu/a Vista Community Facilities District No. /3-[ Otay Ranch Villaf(e Seven August 12, 2005 3-23 Paf(e 14 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ADOPTING A MAP SHOWING THE BOUNDARIES OF THE TERRITORY PROPOSED TO BE INCLUDED IN COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTA Y RANCH VILLAGE SEVEN) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA ("City Council"), desires to initiate proceedings to create a Community Facilities District pursuant to the tenns and provisions of the "Mello-Roos Community Facilities Act of1982", being Chapter 2.5, Part 1, Division 2, Title 5 ofthe Government Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District shall hereinafter be' designated as COMMUNITY FACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN) (the "District"); and, WHEREAS, there has been submitted a map showing the boundaries of the territory proposed for inclusion in the District including properties and parcels ofland proposed to be subject to the levy of a special tax by the District. NOW, THEREFORE, IT IS HEREBY RESOLVED: SECTION 1. The above recitals are all true and correct. SECTION 2. The map designated as "BOUNDARIES OF COMMUNITYF ACILITIES DISTRICT NO. 13-1 (OTAY RANCH VILLAGE SEVEN), CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA" showing the boundaries of the territory proposed for inclusion in the District including the parcels of land proposed to be subject to the levy of a special tax by the District is hereby approved and adopted. SECTION 3. A certificate shall be endorsed on the original and on at least one (1) copy ofthe map ofthe District, evidencing the date and adoption of this Resolution, and within fifteen (15) days after the adoption of the Resolution fixing the time and place ofthe hearing on the fonnation or extent of such District, a copy of such map shall be filed with the correct and proper endorsements thereon with the County Recorder, all in the manner and fonn provided for in Sections 3110 and 3111 of the Streets and Highways Code of the State of California. 1 3-24 PREPARED BY: Sohaib Al-Agha City Engineer WBDl318347.1 2 3-25 APPROVED AS TO FORM BY: RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING ITS INTENTION TO ESTABLISH COMMUNITY FACILITIES DISTRICT NO. 13-1 (OT A Y RANCH VILLAGE SEVEN) AND TO AUTHORIZE THE LEVY A SPECIAL TAX THEREIN TO FINANCE THE ACQUISITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), at this time desires to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act ofl982", being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State ofCalifomia(the "Act") and the City ofChula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City ofChula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 13-1 (Otay Ranch Village Seven) (the "District"); and, WHEREAS, this City Council desires to proceed to adopt its Resolution of Intention to initiate the proceedings to consider the establishment of such District, to set forth the proposed boundaries for such District, to indicate the public facilities proposed to be financed by such District, to indicate the proposed rate and apportionment of a special tax sufficient to finance the acquisition or construction of such facilities and the administration of the District and any indebtedness incurred by the District, to set a time and place for a public hearing relating to the establishment of such District; and WHEREAS, the Community Facilities District Law provides that the City Council may initiate proceedings to establish a community facilities district only if it has first considered and adopted local goals and policies concerning the use of the Community Facilities District Law; and WHEREAS, this City Council has adopted local goals and policies as required pursuant to the Community Facilities District Law. NOW, THEREFORE, IT IS HEREBY RESOLVED: RECITALS SECTION I. The above recitals are all true and correct. I 3-26 INITIATION OF PROCEEDINGS SECTION 2. These proceedings are initiated by this City Council pursuant to the authorization of the Community Facilities District Law. BOUNDARlES OF DISTRICT SECTION 3. It is the intention of this City Council to establish the boundaries of the proposed District. A description of the proposed boundaries of the territory to be included in the District including the properties and parcels ofland proposed to be subject to the levy of a special tax by the District is as follows: All that property as shown on a map as previously approved by this City Council, such map entitled "Boundaries of Community Facilities District No. 13-1 (Otay Ranch Village Seven)", a copy of which is on file in the Office of the City Clerk and shall remain open for public inspection. NAME OF DISTRICT SECTION 4. The name ofthe proposed District t shall be Community Facilities District No. 13-1 (Otay Ranch Village Seven). DESCRIPTION OF FACILITIES SECTION 5. It is the intention of this City Council to finance the acquisition or construction of certain facilities authorized to be acquired pursuant to the provisions of the Community Facilities District Law. A general description of the facilities proposed to be authorized to be acquired or constructed is set forth in Exhibit A attached hereto and incorporated herein by this reference (the "Facilities"). The Facilities are facilities which this legislative body is authorized by law to contribute revenue to or to construct, own or operate. It is hereby further determined that the proposed Facilities are necessary to meet increased demands and needs placed upon the City as a result of development within the District. The cost of acquiring or constructing the Facilities includes Incidental Expenses as such term is defined in Government Code Section 53317( e) and may include, but not be limited to, the costs of planning and designing the facilities; all costs associated with the establishment ofthe District, the issuance and administration of bonds to be issued for the District, including the payment of any rebate obligation due and owing to the federal government, the determination of the amount of any special taxes to be levied, the costs of collecting any special taxes, and costs otherwise incurred in order to carry out the authorized purposes of the District, together with any other expenses incidental to the acquisition, construction, completion and inspection of the Facilities. 2 3-27 SPECIAL TAX SECTION 6. It is hereby further proposed that, except where funds are otherwise available, a special tax sufficient to pay for the acquisition or construction of the Facilities and related Incidental Expenses authorized by the Community Facilities District Law, secured by recordation of a continuing lien against all non-exempt real property in the District, will be levied annually within the boundaries of the District. Under no circumstances will the special tax levied against any parcel used for private residential purposes be increased as a consequence of delinquency or default by the owner of any other parcel or parcels within the District by more than 10 percent (10%). For further particulars as to the rate and method of apportionment of the proposed special tax (the "Rate and Method of Apportionment") reference is made to the attached and incorporated Exhibit B, which sets forth in sufficient detail the method of apportionment to allow each landowner orresident within the proposed District to clearly estimate the maximum amount that such person will have to pay. The Rate and Method of Apportionment also set forth the tax year after which no further special tax shall be levied or collected against any parcel used for private residential purposes. A parcel shall be considered "used for private residential purposes" not later than the date on which an occupancy permit or the equivalent for private residential use is issued for such parcel. The special taxes herein proposed, to the extent possible, shall be collected in the same manner as ad valorem property taxes or in such other manner at this City Council shall determine, including without limitation, direct billing of the affected property owners, and shall be subject to the same penalties, procedure, sale and lien priority in any case of delinquency as applicable for ad valorem taxes. Any special taxes that may not be collected on the County tax roll shall be collected through a direct billing procedure by the Treasurer of the City ofChula Vista (the "City"), acting for and on behalf of the District. The special tax obligation for any parcel may be prepaid and permanently satisfied in whole or in part pursuant to the provisions therefor contained in the Rate and Method of Apportionment. PUBLIC HEARING SECTION 7. NOTICE IS GIVEN THAT ON OCTOBER 25,2005, AT THE HOUR OF 6:00 O'CLOCK P.M., IN THE REGULAR MEETING PLACE OF THE CITY COUNCIL BEING THE. COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276 FOURTH STREET, CHULA VISTA, CALIFORNIA, A PUBLIC HEARING WILL BE HELD WHERE THIS CITY COUNCIL WILL CONSIDER THE ESTABLISHMENT OF THE PROPOSED DISTRICT, THE RATE AND METHOD OF APPORTIONMENT OF THE SPECIAL TAX PROPOSED TO BE LEVIED WITHIN THE DISTRICT, AND ALL OTHER MATTERS AS SET FORTH IN THIS RESOLUTION OF INTENTION. AT THE ABOVE-MENTIONED TIME AND PLACE FOR PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING TAXPAYERS AND PROPERTY OWNERS MAY APPEAR AND BE HEARD. THE TESTIMONY OF ALL INTERESTED PERSONS FOR OR AGAINST THE ESTABLISHMENT OF THE DISTRICT, 3 3-28 THE EXTENT OF THE DISTRICT, OR THE FINANCING OF THE FACILITIES, WILL BE HEARD AND CONSIDERED. ANY PROTESTS MAYBE MADE ORALLY OR IN WRITING, HOWEVER, ANY PROTESTS PERTAINING TO THE REGULARITY OR SUFFICIENCY OF THE PROCEEDINGS SHALL BE IN WRITING AND CLEARLY SET FORTH THE IRREGULARITIES AND DEFECTS TO WHICH THE OBJECTION IS MADE. ALL WRITTEN PROTESTS SHALL BE FILED WITH THE CITY CLERK OF THE CITY ON OR BEFORE THE TIME FIXED FOR THE PUBLIC HEARING. WRITTEN PROTESTS MAY BE WITHDRAWN IN WRITING AT ANY TIME BEFORE THE CONCLUSION OF THE PUBLIC HEARING. IF A WRITTEN MAJORITY PROTEST AGAINST THE ESTABLISHMENT OF THE DISTRICT IS FILED, THE PROCEEDINGS SHALL BE ABANDONED. IF SUCH MAJORITY PROTEST IS LIMITED TO CERTAIN FACILITIES OR PORTIONS OF THE SPECIAL TAX, THOSE FACILITIES OR THAT PORTION OF THE SPECIAL TAX SHALL BE ELIMINATED BY THE CITY COUNCIL. ELECTION SECTION 8. If, following the public hearing described in the Section above, the City Council determines to establish the District and proposes to levy a special tax within the District, the City Council shall then submit the levy of the special taxes to the qualified electors of the District. If at least twelve (12) persons, who need not necessarily be the same twelve (12) persons, have been registered to vote within an the District for each of the ninety (90) days preceding the close of the public hearing, the vote shall be by registered voters of the District, with each voter having one (1) vote. Otherwise, the vote shall be by the landowners of District who were the owners of record at the close of the subject hearing, with each such landowner or the authorized representative thereof, having one (1) vote for each acre or portion of an acre of land owned within the District. NOTICE SECTION 9. Notice of the time and place of the public hearing shall be given by the City Clerk by causing the publication of a Notice of Public Hearing in the legally designated newspaper of general circulation, such publication pursuant to Section 6061 of the Government Code, with such publication to be completed at least seven (7) days prior to the date set for the public hearing. The City Clerk shall also cause notice to be given by fust-class mail to each registered voter, if any, and to each landowner as defined in the Community Facilities District Law within the proposed boundaries of the District. Such notice shall be mailed at least 15 days before the public hearing and shall contain the same information as is required to be contained in the notice published pursuant to the preceding paragraph. 4 3-29 RESERVATION OF RIGHTS TO AUTHORIZE TENDER OF BONDS SECTION 10. The City Council reserves to itself, in its capacity as the legislative body of the District if formed, the right and authority to allow any interested owner of property within the District, subject to the provisions of Govemment Code Section 53344.1 and to such conditions as this City Council may impose, and any applicable prepayment penalties as may be described in the bond indenture or comparable instrument or document, to tender to the Treasurer, acting for and on behalf of the District, in full payment or part payment of any installment of the special taxes or the interest or penalties thereon which may be due or delinquent, but for which a bill has been received, any bond or other obligation secured thereby, the bond or other obligation to be taken at par and credit to be given for the accrued interest shown thereby computed to the date of tender. ADVANCES OF FUNDS OR WORK-IN-KIND SECTION 11. At any time either before or after the formation of the District, the City Council may accept advances of funds or work-in-kind from any source, including, but not limited to, private persons or private entities and may provide, by resolution, for the use of those funds or that work-in- kind for any authorized purpose, including, but not limited to, paying any cost incurred by the City in creating the District. The City may enter into an agreement, by resolution, with the person or entity advancing the funds or work-in-kind, to repay all or a portion of the funds so advanced, or to reimburse the person or entity for the value, or cost, whichever is less, of the work-in-kind, as determined by the City Council. The City has entered into a Community Facilities District Reimbursement Agreement with Otay Project, L.P. (the "Partnership") to provide for such advances for the payment of all initial consulting and administration costs and expenses related to the proceedings to consider the formation of the District and to subsequently authorize, issue and sell bonds for the District. Such advances are subject to reimbursement pursuant to the terms of such agreement. No such agreement shall constitute a debt or liability of the City. In addition, it is proposed that the City enter into an agreement with the Partnership pursuant to which the Partnership shall construct and install all or a portion of the Facilities and the District shall repay the funds expended by the Company for such purpose or value or cost of the work in- kind, whichever is less. PREPARED BY: APPROVED AS TO FORM BY: Sohaib AI-Agha City Engineer 5 3-30 EXHIBIT A DESCRlPTION OF PUBLIC FACILITIES The public facilities authorized to be financed by the levy of special taxes within the District shall include the following: A. the following backbone streets and related improvements, including without limitation, grading, paving, slope landscaping, sewers, traffic signals, drainage improvements, adjacent trail system and public utilities: I. La Media ITom Birch to the southwest property line 2. Santa Luna 3. Magdalena Avenue 4. Fleishbein and Kincaid(Sewer and Paving) B. Other street improvements authorized to be financed ITom the proceeds of the Transportation Development Impact Fee; and C. Other public improvements authorized to be financed ITom the proceeds of the Public Facilities Development Impact Fee A-I 3-31 WBDlJI45J6.1 6/27/05 EXHIBIT B RATE AND METHOD OF APPORTION OF SPECIAL TAXES [attach a copy of the Rate and Methodfor the District} B-1 3-32 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, ORDERING AND DIRECTING THE PREPARATION OF A REPORT FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 13-1 (OT A Y RANCH VILLAGE SEVEN) WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has declared its intention to initiate proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act 0[1982", being Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of California (the "Act") and the City ofChula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law"). This Community Facilities District shall hereinafter be designated as Community Facilities District No. 13-1 (Otay Ranch Village Seven) (the "District"). and , , WHEREAS, this City Council directs, pursuant to the provisions of Section 53321.5 of the Government Code of the State of California, the preparation of a report to provide more detailed information relating to the proposed District, the proposed facilities to be financed through the District, and estimate of the cost of providing such facilities (the "Community Facilities District Report"). NOW, THEREFORE IT IS HEREBY RESOLVED: SECTION I. The above recitals are all true and correct. SECTION 2. The Director of Public Works is hereby directed and ordered to prepare or cause to be prepared the Community Facilities District Report to be presented to this City Council, generally setting forth and containing the following: FACILITIES: A full and complete description of the public facilities the acquisition or construction of which are proposed to be financed through the District. COST ESTIMATE: A general cost estimate setting forth costs of acquiring or constructing such facilities. SPECIAL TAX: Further particulars and documentation regarding the rates and methods of apportionment of the special taxes proposed to be levied within the District. WBD\318361 1 1 3-33 SECTION 3. The Community Facilities District Report, upon its preparation, shall be submitted to this City Council for review, and such report shall be made a part of the record of the public hearing on the Resolution of Intention to establish such District. PREPARED BY: APPROVED AS TO FORM BY: Soihab AI-Agha City Engineer WBD\318361.1 2 3-34 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA, DECLARING THE NECESSITY OF COMMUNITY FACILITIES DISTRICT NO. 13-1 (OT A Y RANCH VILLAGE SEVEN) TO INCUR A BONDED INDEBTEDNESS TO BE SECURED BY SPECIAL TAXES LEVIED WITHIN SUCH DISTRICT TO PAY FOR THE ACQillSITION OR CONSTRUCTION OF CERTAIN PUBLIC FACILITIES WHEREAS, the CITY COUNCIL of the CITY OF CHULA VISTA, CALIFORNIA (the "City Council"), has initiated proceedings to create a Community Facilities District pursuant to the terms and provisions of the "Mello-Roos Community Facilities Act of 1982", being Chapter 2.5, Part 1, Division 2, Title 5 of the Govemment Code of the State of California (the "Act") and the City of Chula Vista Community Facilities District Ordinance enacted pursuant to the powers reserved by the City of Chula Vista under Sections 3, 5 and 7 of Article XI of the Constitution of the State of California (the "Ordinance") (the Act and the Ordinance may be referred to collectively as the "Community Facilities District Law") to finance the acquisition or construction of certain authorized facilities described in Exhibit A attached hereto and incorporated herein by this reference (the "Facilities"). This Community Facilities District shall hereinafter be referred to as Community Facilities District No. 13-1 (Otay Ranch Village Seven) (the "District"); and, WHEREAS, it is the intention of this legislative body to finance the acquisition or construction of all or a portion of such Facilities through the issuance of bonds to be issued by the District, such bonds to be secured by special taxes to be levied on taxable property within the District, all as authorized pursuant to the Community Facilities District Law. NOW THEREFORE IT IS HEREBY RESOLVED: SECTION I. The above recitals are all true and correct. SECTION 2. This City Council declares that the public convenience and necessity requires that a bonded indebtedness be incurred by the District to contribute to the financing of all or a portion of the Facilities. SECTION 3. The purpose for the proposed debt of the District is to contribute to the financing of the acquisition or construction of the Facilities. SECTION 4. The amount of the bonded indebtedness of the District may include all costs and estimated costs incidental to, or connected with, the accomplishment of the purpose for which the indebtedness is proposed to be incurred as authorized pursuant to the Community Facilities District Law. The amount of the indebtedness proposed to be authorized for the District is $20,000,000. 1 3-35 SECTION 5. NOTICE IS GNEN THAT ON OCTOBER 25,2005, AT THE HOUR OF 6:00 O'CLOCK P.M. IN THE REGULAR MEETING PLACE OF THE LEGISLATNE BODY, BEING THE COUNCIL CHAMBERS, CITY HALL, LOCATED AT 276 FOURTH STREET, CHULA VISTA, CALIFORNIA, A HEARING WILL BE HELD ON THE INTENTION OF THIS LEGISLATNE BODY TO INCUR A SEPARATE BONDED INDEBTEDNESS OF THE DISTRICT TO CONTRIBUTE TO THE FINANCING OF THE FACILITIES, SUCH INDEBTEDNESS TO BE SECURED BY THE LEVY OF SPECIAL TAXES WITHIN THE DISTRICT. AT THE TIME AND PLACE FIXED FOR SAID PUBLIC HEARING ANY PERSONS INTERESTED, INCLUDING PERSONS OWNING PROPERTY WITHIN THE DISTRICT, MAY APPEAR AND PRESENT ANY MATTERS RELATING TO THE PROPOSED INTENTION AND NECESSITY FOR INCURRING A BONDED INDEBTEDNESS OF THE DISTRICT WHICH WILL CONTRIBUTE TO THE FINANCING OF ALL OR A PORTION OF THE FACILITIES AND WHICH WILL BE SECURED BY A SPECIAL TAX TO BE LEVIED WITHIN THE DISTRICT. SECTION 6. Notice of the time and place of the public hearing shall be given by the City Clerk by publishing a Notice of Public Hearing in a legally designated newspaper of general circulation, said publication pursuant to Section 6061 of the Government Code, with said publication to be completed at least seven (7) days prior to the date set for the public hearing. PREPARED BY: APPROVED AS TO FORM BY: ~(JJ ~Cit omey Sohaib Al-Agha City Engineer 2 ~ 3-36 EXHIBIT A DESCRIPTION OF TYPES OF FACILITIES The public facilities authorized to be financed from the proceeds of bonds issued by the District shall include the following: A. the following backbone streets and related improvements, including without limitation, grading, paving, slope landscaping, sewers, traffic signals, drainage improvements, adjacent trail system and public utilities: I. La Media from Birch to the southwest property line 2. Santa Luna 3. Magdalena A venue 4. Fleishbein and Kincaid(Sewer and Paving) B. Other street improvements authorized to be fmanced from the proceeds of the Transportation Development Impact Fee; and C. Other public improvements authorized to be financed from the proceeds of the Public Facilities Development Impact Fee WB0\318360.l A-I 3-37 CITY COUNCIL AGENDA STATEMENT Item: (1 , Meeting Date 9/20/05 SUBMITTED BY: Resolution of the City Council of the City of Chula Vista Authorizing the City Manager to Sign an Amended Agreement with SANDAG for TDM Implementation, to Sign Three Agreements with the San Diego County Air Pollution Control District Regarding Compliance with the Grant Scopes of Work, and to Sign a Contact with Coach USA to Supply Transit Services. Director of Planning and BuildingW City Engineer 6k ~ Director of Public Works Operations City Manager f ~ 77f( (4/5ths Vote: Yes_No...K.1 ITEM TITLE: REVIEWED BY: SUMMARY: The TDM Grant for the Eastern Chula Vista Traffic Enhancement Program trom the County Air Pollution Control District (APCD) was accepted by Council on April 20, 2004. The Council also authorized the City Manager to sign an agreement with SANDAG to assist the City in this effort. Since that time the APCD has required that the City enter into a contractual agreement to implement the approved scope of work directly with the APCD and not through SANDAG as originally understood. This requirement necessitates an amendment to the current contract the City has executed with SANDAG to assist in implementing the grant to reflect the different relationship. Council action is requested to (1) authorize the City Manager to sign the amended City agreement with SANDAG to reflect the new contractual arrangement, (2) enter into three agreements with the APCD assuring implementation of the approved scope of work one for each of the three TDM related grants, and (3) enter into a contact with Coach USA to provide transit services as part ofthe TDM implementation effort. RECOMMENDATION: That Council adopt the Resolution: a) Authorize the City Manager to sign an amended agreement with SANDAG. b) Authorize the City Manager to sign three agreements with the APCD one each regarding the City's implementation of the three TDM grants and related scopes of work. If-I H:\PLANNING\DanF\Council TOM agreements\TDM agenda statement 9-20.DOC Page 2, Item No. 4 Meeting Date: 9/20/05 c) Authorize the City manager to sign an agreement with Coach USA to provide transit services for TDM implementation. BOARDS/COMMISSIONS RECOMMENDA nON: N/A. DISCUSSION: Backl!:round The Eastern Chula Vista Traffic Enhancement Program was initially presented to Council on May 31, 2001 at the joint City CounciVGMOC/Planning Commission Workshop. The implementation plan was then presented to Council on July 24,2001. Development of the TDM program was funded through $98,000 in developer contributions and based upon a random sample survey conducted of eastern Chula Vista households that had at least 1 peak hour commuter. The objective of the investigation was to identifY potential Transportation Demand Management (TDM) techniques that would be appropriate for eastern Chula Vista and to approximate the number of users. That survey was carried out in February 2002. Based upon the fmdings of the survey and with additional allied data, 3 TDM programs were recommended, that were identified as having the greatest chance for success. These include: 1. Financial Incentives, Marketing and Promotions, and Establishing an hnplementing Organization 2. Express Bus from eastern Chula Vista to Downtown San Diego. 3. Express shuttle from eastern Chula Vista to the trolley. In July of 2002 the City applied for three separate grants from the County of San Diego, Air Pollution Control District (APCD). The request was for matching funds to implement these three TDM programs, over a two year period. All three grants were approved by the APCD on March 12, 2003. The TDM two year program was initially budgeted for $754,485 comprised of a grant of$414,325 and a $340,160 match to be provided directly by developers. The grant provided funding at the rate of 60% for the Financial Incentives and 50% percent for the Express Bus and Shuttle programs. The balance was to be paid for by the eastern Chula Vista development community. The first years match of $157,183 has been gathered from equal contributions from the Otay Ranch Co., Eastlake Co., Corky McMillin Co., Brookfield Shea Otay, and Tri-Mark Pacific and placed in City managed deposit accounts. 1/-2 H:\PLANNING\Danf\Council TOM agreements\TDM agenda statement 9.20.DOC Page 3, Item No. 1.1- Meeting Date: 9/20/05 On April 20 of2004 the City Council formally accepted the grants, authorized the City Manager to sign an agreement with SANDAG to assist the City in implementing the program and appropriated $414,325 to provide bridge funding for later reimbursement under the APCD grant. The program is designed with an ongoing evaluation so that the City will be able to measure the performance effectiveness of these TDM measures. Ifsuccessful it is hoped that follow-up funding will be identified to finance year 2 and to extend the program beyond two years. ORIGINAL BUDGET SUMMARY TWO YEAR APCD TDM GRANT Year I Year I Year 2 &2 Year I and 2 Local Local % from Amount from Pro; ect Total Match Total Match Total APCD Local Match APCD Financial Incentive $200,600 $80,240 $170,230 $68,092 $370,830 60% $148,332 $222,498 Express Bus To Downtown $103,285 $51,643 $166,570 $83,285 $269,855 50% $134,928 $134,927 Express Shuttle To Trollev $50,600 $25,300 $63,200 $31,600 $113,800 50% $56,900 $56,900 TOTAL $354,486 $157,183 $400,002 $182,977 $754,485 $340,160 $414,325 Operatinl?: Cost Increase When the cost estimate for the Express Bus and the Express Shuttle was formulated the industry standard cost per revenue mile for an over the road coach was $6.00. Even when the project went to proposal and bid, it was anticipated that this cost would not be exceeded and might have even been lower than estimated. The original bid however was almost twice as high at $11.00 per revenue mile. With negotiation that price was lowered to $8.81. The contract is also subject to a fuel escalator clause. This clause already indicates an increase of between $6,000 to $8,000 in year I of operations. In addition, it had been originally assumed that the bus and shuttle service would begin with I outgoing run in the morning and I incoming run in the afternoon. It was anticipated that up to 3 runs per day would be added as ridership increased. After further evaluation it was recommended that for the service to attract a significant ridership that there should be 2 morning and 2 afternoon trips from day I of the service. The program is now configured to begin and maintain 2 service runs in the morning and afternoon. Therefore, in addition to higher operating cost per mile, the year I service also has an increase in the amount of service. Lj-3 H:\PLANNING\DanF\Council TDM agreements\TDM agenda statement 9-20,DOC Page 4, Item No. 11-, Meeting Date~ To account for the added revenue mile rate and the increased service, a year I budget increase of $80,926 for the express bus and $64, 640 for the express shuttle, for a total of$145,566 is necessary, This does not include the fuel escalator which may add an additional $6,000 to $10,000, Therefore, the budget for the express bus and express shuttle program has been increased by approximately $155,000 in year one to account for higher operating costs than was originally anticipated based on what had been the industry standard, The total year I budget will change from $354,485 to $500,051, plus up to $10,000 to account for the fuel escalator. This added funding will either be acquired through further developer contribution or through the TDM allocation in the updated TDIF after the second reading tentatively scheduled for December 2005 and subsequent appropriation by Council. If the TDIF update is delayed funding for the express bus and shuttle would be consumed at about 4 months into the program. If such a situation arises staff will pursue a loan from the TDIF or other source and return to Council for approval in order to avoid a program shutdown. As a safeguard, there are contractual provisions such that the City, at its discretion, can terminate all the relevant agreements without penalty. The funding for the second year program overall has changed from $400,002 to $480,178. A local developer match of $182,977 has been identified but has not been collected or affirmed. An additional amount of $80,176 to account for the increase in operating costs will also need to be identified assuming the program is to continue as currently defined. These amounts combined represents $263,153 required to match the APCD year 2 grant amount of$217,023. This does not include an unknown fuel escalator amount. An evaluation of the effectiveness of the year 1 effort will be conducted as will efforts to identify additional sources of funds including developer contributions. Council will be advised in a timely manner prior to the commencement of year 2 activities as to program and funding recommendations. Below is presented the original and revised budget not including the fuel escalator. A 2 year budget change summary is presented in Attachment 1. '-Lj H:\PLANNING\DanF\Council TOM agreements\TDM agenda statement 9M2Q.DOC .'1 4- Page 5, Item No. , Meeting Date: 9/20/05 Ori gjnal Year 1 APCD Match TDIF Total % APCD Financial Incentives $ 120,360 $ 80,240 $ - $ 200,600 60% Express Bus $ 51,643 $ 51,643 $ - $ 103,285 50% Express Shuttle $ 25,300 $ 25,300 $ - $ 50,600 50% Total $ 197,303 $ 157,183 $ - $ 354,485 56% Revised Year 1 APCD Match TDIF Total % APCD Financial Incentives $ 120,360 $ 80,240 $ - $ 200,600 60% Express Bus $ 51,643 $ 51,643 $ 80,926 $ 184,211 28% Express Shuttle $ 25,300 $ 25,300 $ 64,640 $ 115,240 22% Total $ 197,303 $ 157,183 $ 145,566 $ 500,051 39% Amended SANDAG A!!reement The APCD had originally accepted SANDAG as the City's representative in negotiating the detailed scope of work for each of the grants, and that SANDAG would be the signatory to verify implementation responsibility. A change in APCD policy now requires direct agreements with the grantee (in this case the City) verifying scope of work compliance with reimbursements made directly to the grantee. This change has necessitated an amendment to the current City of Chula VistalSANDAG agreement to recognize the change in contractual and funding relationships, see Amended Agreement Attachment 2. APCD A!!reements The City is required to sign three separate agreements with the APCD one each for the individual scopes of work for the three TDM grants, which are: Financial Incentives, Express Bus, and Express Shuttle. These agreements are included as Attachment 3, 4 and 5 respectively. Transit Service A!!reement The implementation of the express bus and express trolley shuttle will require that the city contract with a transit provider. On July 27,2004 the City issued a request for proposal and bid. A selection process ensued and Coach USA was identified as the most qualified to provide both the express bus and express shuttle transit service. A draft contract has been prepared and is presented as Attachment 6. 4-5 H:\PLANNING\DanFICouncil TOM agreements\TOM agenda statement 9-20.00C Page 6, Item No. ~ Meeting Date: 9/20/05 Conclusion The Council is being asked to authorize the City Manager to sign 5 agreements, namely 1. The updated City/SANDAG agreement. 2. Three agreements with APCD to implement each of the grant scopes of work. 3. The contract with Coach USA to provide the transit services Weare anticipating that the TDM program will commence the first part of October with the express bus and shuttle starting operations in early November. FISCAL IMPACT: $414,325 was appropriated trom the General Fund on April 20, 2004, and has been carried forward in the current budget. These City General Fund expenditures will be reimbursed in full by grant proceeds trom the APCD. Either additional developer contributions or allocation from the updated TDIF will be used to offset higher than anticipated operating expenses. The year 1 amount for additional funding is estimated to be between $150,000 and $155,000. In the event these funds are delayed a loan will be pursued trom the TDIF or other source to provide interim financing. The second year contribution and funding source will be determined after an evaluation of the effectiveness of the initial effort. The amount necessary for the year two match as currently configured would be $263,153 plus the fuel escalator amount. Attachments: 1. 2 year budget change sunnnary. 2. SANDAG Amended Agreement 3. APCD Agreement for Financial Incentive and Scope of Work 4. APCD Agreement for Express Bus and Scope of Work 5. APCD Agreement for Express Shuttle and Scope of Work 6. Draft contract with Coach USA '-1-6 H:\PLANNIN'G\DanF\Council TDM agreements\TDM agenda statement 9-20.DOC RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO SIGN AN AMENDED AGREEMENT WITH SANDAG FOR TRANSPORTATION DEMAND MANAGEMENT GRANT IMPLEMENTATION; TO SIGN THREE AGREEMENTS WITH THE SAN DIEGO COUNTY AIR POLLUTION CONTROL DISTRICT REGARDING COMPLIANCE WITH THE GRANT SCOPES OF WORK; AND TO SIGN A CONTRACT WITH COACH USA TO SUPPLY TRANSIT SERVICES WHEREAS, the County of San Diego Air Pollution Control District (APCD) has approved three grant proposals for a total of $414,325 made by the City of Chula Vista to implement a Transportation Demand Management program over the next two years; and WHEREAS, a Transportation Demand Management Program (TDM) is a collection of programs that will attempt to change travel/commuting behavior, so that traffic congestion during peak demand periods is reduced; and WHEREAS, three TDM programs were identified as having the greatest chance for success, including: a financial incentives program; an express bus from eastern Chula Vista to Downtown San Diego; and an express shuttle ITom eastern Chula Vista to the trolley; and WHEREAS, on April 20, 2004 the City Council formally accepted the grants, authorized the City Manager to sign an agreement with SANDAG to assist the City in implementing the program and appropriated $414,325 to provide bridge funding for later reimbursement under the APCD grant; and WHEREAS, the APCD had originally accepted SANDAG as the City's representative in negotiating the detailed scope of work for each of the grants, and that SANDAG would be the signatory to verify implementation responsibility; and WHEREAS, a change in APCD policy now requires direct agreements with the grantee (in this case the City) verifying scope of work compliance with reimbursements made directly to the grantee; and WHEREAS, this change has necessitated an amendment to the current City of Chula Vista/SANDAG agreement to recognize the change in contractual and funding relationships; and WHEREAS, the APCD has asked the City to enter into three separate agreements, one each for the individual scopes of work that have been developed for the three TDM grants/programs; and 4-7 WHEREAS, the implementation of the express bus and express trolley shuttle will require that the City contract with a transit provider; and WHEREAS, on July 27, 2004, the City issued a request for proposals and bid in which two firms responded - CoachUSA and EI Camino Livery; and WHEREAS, both firms were found technically qualified and moved on to the price bid opening where CoachUSA was the low bidder on the express trolley shuttle and no bid was submitted for the express bus service by EI Camino Livery; and WHEREAS, CoachUSA was judged the most responsible firm to provide both the express bus and express shuttle transit service; and WHEREAS, Transit staff checked the references provided by CoachUSA and all references were verified and their work has reportedly been satisfactory. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the City Manager to enter into a First Amendment to the Agreement with SANDAG for Transportation Demand Management Grant Implementation and three separate agreements with the San Diego County Air Pollution Control District regarding compliance with grant scopes of work. BE IT FURTHER RESOLVED that the agreements shall be in substantially the same form as those included in the staffreport, with any minor modifications subject to City Attorney approval. BE IT FURTHER RESOLVED that the City Council does hereby accept the bids and "wards a contract to CoachUSA to supply the express bus and express trolley shuttle services. BE IT FURTHER RESOLVED that the transit services agreement shall be in substantially the same form as the draft agreement included in the staff report, with any minor modifications subject to City Attorney approval. 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D C 'C c , e .9 . , ~ 8 o ;; E . c o ~ "" . ~ " c ;; 4-9 1 THE A TT ACHED 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 ,2hYl p~~ V Ann Moore City Attorney Dated: 7' / t.rlos- First Amendment tithe MOU between the San Diego Association of Governments and The City of Chula Vista regarding East Chula Vista TDM Project '-;-10 A If /1<:-11 .Iv( t: Ai T 1... File Number 5000224 THE FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING EAST CHULA VISTA TDM PROJECT THIS FIRST AMENDMENT, effective as of this 20'h day of July, 2005, is between the San Diego Association of Governments, referred to herein as "SANDAG," and the CITY OF CHULA VISTA, referred to herein as "CITY." WHEREAS, the parties hereto entered into a previous agreement regarding the East Chula Vista TDM Proiect ("PROJECT"), dated June 1, 2004 (the "MOU"), which is in need of revisions to address additional requirements imposed by the San Diego Air Pollution Control District (APCD); and WHEREAS,the parties intend to redefine herein the terms and conditions under which the PROJECT is to be financed and performed and thereby supersede the conflicting provisions of the MOU; and WHEREAS, the CITY desires to provide SANDAG with an additional amount of $225,744 to cover additional PROJECT cost, bringing the total PROJECT funding amount to $980,229; NOW THEREFORE, as a result of mutual agreement, the parties desire to amend the following terms and conditions in the MOU. UNDER THE HEADING RECITALS Recital Number 6 Shall be Amended to Instead Read as Follows: 6. CITY has programmed $980,229 for the development, administration and implementation of the TDM project. Recital Numbers 10 and 13 shall be deleted. UNDER THE HEADING "SANDAG AGREES" ParaaraDh Numbers 3,5,6.7.8. and9 Shall be Amended to Instead Read as Follows: 3. To prepare three agreements and scopes of work (SOW) between CITY and the APCD for the three AB 2766 grants concerning the work to be overseen by SANDAG as described in Recital NO.3. 5. To utilize funds from the AB 2766 grants for the Express Bus and Express Shuttle, as contracted by the City and consistent with the SOWs for PROJECT implementation, and to provide payment for services provided by the transit provider contracted by CITY consistent with the program budget. Any increases due to fuel escalation shall result in an equal increase to the amount provided to SANDAG. Lf-/I File Number 5000224 6. To utilize funds from the AB2766 grants to cover the direct and indirect costs of SANDAG staff time spent developing, administering and supporting the PROJECT as allowed by grant rules and as identified in the grant application. 7. To administer $414,325 in AB2766 grant funds awarded by the APCD to the CITY by overseeing the work described in Recital No.3. 8. To submit quarterly billings separated by grant program to CITY, in advance of costs incurred, to cover SANDAG costs for the PROJECT. SANDAG will aiso prepare quarterly expenditure reports that detail actual project expenditures. SANDAG will prepare a Final Expenditure Report for CITY at PROJECT Closeout. The Final Expenditure Report will summarize PROJECT expenses including, all SANDAG costs, along with CITY payments to SANDAG. 9. To apply all AS 2766 grant monies which SANDAG receives from the CITY under this MOU in the total amount of $414,325, plus $565,904, or in an amount equal to the grant funds and additional contributions actually expended, whichever is less, for work on the PROJECT. UNDER THE HEADING "CITY AGREES" ParaqraDh Numbers 7 and 8 Shall be Amended to Instead Read as Follows: 7. To deposit with SANDAG, within 30 days of receiving a biil for anticipated grant expenditures, the amount of $218,147, which figure represents the estimated first six months of PROJECT expenses. Said amount shall be allocated to each grant based on the anticipated expenditures associated with each PROJECT component. 8. To pay SANDAG the remaining sum of $762,082 based upon SANDAG advanced quarterly biilings, by grant, of estimated quarterly expenses within 30 days of being invoiced. Any increases due to fuel escalation charges shall result in an equal increase to the amount provided to SANDAG. UNDER THE HEADING "IT IS MUTUALLY AGREED" ParaqraDh Numbers 1. 4. S. 8. 11. 14 and 19 Shall be Amended to Instead Read as Follows: 1. The total advance payments by the CITY to SANDAG are estimated to be $ 980,229. This amount includes the local funds from developers referred to in the Recitals ($ 565,904) and the APCD's AB2766 grant funds totaling $414,325. 4. SANDAG work on the PROJECT is subject to the availability of funds, and timely payments from CITY. Should funding be reduced or not available for PROJECT, SANDAG is not obligated to commit any resources toward the PROJECT until such time as funding is made available to SANDAG. Lj-/2 File Number 5000224 5. Fund requests and grant agreements for funding of the PROJECT will be the primary responsibility of CITY. Fund requests and grant applications for funding of any possible future phases of the PROJECT will also be the responsibility of CITY. 8. The transit operator contract shall be managed and administered by CITY's Department of Public Works. SANDAG's Transit Planning shall complete the route planning work required to initiate the Express Bus and Trolley Shuttle services. 11. Upon completion of all work for PROJECT, the financial incentives element, express bus service and trolley service may be discontinued, unless other sources of funding are identified by CITY. Any continued involvement by SANDAG in the ECVTEP after completion of PROJECT, will require an amendment to this MOU. "Completion of all work" for the purposes of this MOU is defined as lack of or discontinuance of funds or December 30, 2007, whichever occurs first. 14. The parties hereto agree to adhere to the PROJECT Scopes of Work (see Section I, item 3) which will be developed by SANDAG and approved by the CITY. The Scopes of Work shall be consistent with the grant agreements to be developed between CITY and the APCD. 19. This Agreement shall terminate on December 30,2007, or when funding ceases to be available, whichever occurs first. CITY OF CHULA VISTA SANDAG " By: C::.y loAf' c_- ERIC C. PAHLKE Chief Deputy Executive Director By: DAVID D. ROWLANDS JR. City Manager Approved as to form: Approved as to form: By: Ann Moore, City Attorney Lf-/3 AGREEMENT FOR EAST CHULA VISTA TDM PROJECT BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA THIS AGREEMENT is entered into as of this 1st day of June, 2004, between the City of Chula Vista (hereinafter referred to as "CITY"), and the San Diego Association of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, California. RECITALS The following recitals are a substantive part of this Agreement: 1. CITY has instituted the East Chula Vista Transportation Enhancement Program (ECVTEP) which has identified the need to implement a Transportation Demand Management (TDM) project aimed at residents in East Chula Vista. (See Attachment A - City of Chula Vista grant application.) 2. CITY desires to reduce peak-period congestion emanating from East Chula Vista by encouraging single-occupant vehicle commuters to use alternative commute modes such as carpooling, vanpooling, and riding transit. 3. CITY has determined the East Chula Vista TDM project will consist of three core elements: first, a financial incentive component that rewards commuters who regularly use an alternative to commuting alone to work; second, express bus service between East Chula Vista and downtown San Diego; and third, a shuttle service that runs between East Chula Vista and a San Diego Trolley station located in Chula Vista. 4. SANDAG manages and administers the region's ridesharing program, known as "RideLink," with many services designed to assist employers, employees, and students with identifying and using alternative ways to commute to work or school. 5. SANDAG and CITY, desire to enter into an Agreement for the development and implementation of East Chula Vista TDM Project, herein referred to as "PROJEG," which is focused on commuters who reside in East Chula Vista. 6. CITY has programmed $754,485 to develop, administer, and implement the TDM project from the sources next described. Local developers have committed $340,160 in private funds which will be deposited with the CITY. The remaining funds will come from three AB 2766 grants totaling $414,325, which was awarded to the CITY in March 2003 by the San Diego County Air Pollution Control District (APCD). . 7. CITY desires that SANDAG provide overall planning, project management, administration, implementation and monitoring for the TDM project to bring about the earliest and most efficient implementation. I.f -/1 8. CITY desires that SANDAG incur no upfront costs, and therefore is prepared to advance funds for PROJECT in advance of SANDAG costs. '9. CITY desires to assist with PROJECT by providing marketing and outreach assistance to SANDAG . through the course of the PROJECT. 10. CITY desires to assign to SANDAG the responsibility for and administration of AB 2766 grant funding awarded to Project by the APCD. 11. SANDAG is willing to act on CITY's behalf on the development, execution, and implementation of. a funding agreement between SANDAG and the APCD which will describe the use of the AB 2766 grant funds which were awarded to CITY for the PROJECT. 12. A Project Steering Committee, consisting of CITY staff and representatives of Developers that contributed to the ECVTEP, will guide the course of the PROJECT. 13. The parties hereto intend to define herein the terms and conditions under which the PROJECT is to be financed and performed. AGREEMENT SECTION I SANDAG AGREES: 1. To appoint a Project Manager who will be the main point of contact at SANDAG for the PROJECT and who will be responsible for the day-to-day activities of administering, implementing, and monitoring the PROJECT. 2. To conduct PROJECT in accordance with the Scopes of Work to be prepared by SANDAG and approved by CITY and the CITY's Steering Committee for the ECVTEP; by providing project management support, planning of transit services, the development and implementation of a financial incentives program, the development and implementation of a marketing program, and by collecting all required data and providing all necessary reports. 3. To prepare three agreements and scopes of work (SOW) between SANDAG and the APCD, with prior CITY approval, for the three AB 2766 grants concerning the work to be overseen by SANDAG as described in Recital 3 herein. 4. To hire the necessary consultant(s) to assist with PROJECT administration, implementation, and monitoring of the financial incentives, marketing, and data collection. 5. To allocate funds from the AB 2766 grants for the EXf}ress Bus and Express Shuttle as contracted by the CITY, and consistent with the SOW for project implementation. 6. To allocate funds from the AB 2766 grants to cover the cost of CITY staff as identified in the grant application. 7. To administer $414,325 in AB 2766 grant funds awarded by the APCD on behalf of CITY by overseeing the work described in Recital 3 herein. 8. To submit quarterly billing, separated by grant program, to CITY, in advance of costs incurred, to cover SANDAG costs for the PROJECT. SANDAG will prepare quarterly expenditure reports that 2 If -15 detail actual project expenditures. SANDAG will prepare a Final Expenditure Report for CITY at PROJECT Closeout. The Final Expenditure Report will summarize PROJECT expenses including, all SANDAG costs, along with CI1Y payments to SANDAG, and APCD payments to SANDAG. 9. To apply all grant reimbursements received from the APCD AB 2766 grants to the PROJECT allocated by respective grant program in the total amount of $414,325 or that amount that equals grant funds actually expended, whichever is less. 10. To remit any residual funds to CI1Y along with the Final Expenditure Report. 11. SANDAG Contacts: Ray Traynor, Program Manager 401 B Street, Suite 800 San Diego, CA 92101-4231 (619) 699-6945 Allison Richards-Evensen, Project Manager 401 B 5treet, Suite 800 San Diego, CA 92101-4231 (619) 699-1982 SECTION II CITY AGREES: 1. To advertise for and contract with a transit service operator to deliver commuter-based, peak congestion period, subscription-oriented Express Bus and Trolley Shuttle services. 2. To provide a qualified Cl1Y Representative who shall have authority to administer and manage the transit service operator contract for work performed as a part of the scope of work for PROJECT. 3. To provide a qualified CI1Y Representative who shall have authority to accept or reject PROJECT work. 4. To apply for any necessary regulatory agency permits required for transit service operators in accordance with the regulatory agency guidelines and any applicable standard permit procedures. 5. To assist 5ANDAG with public outreach and marketing of PROJECT. 6. CITY Contact: Dan Forster, Growth Management Coordinator City of Chula Vista Planning and Building Department Chula Vista, CA 91910 (619) 476-5348 7. To deposit with SANDAG within 30 days of receipt of billing of anticipated expenditures by grant the amount of $125,000, which figure represents the estimated first six months PROJECT expenses. 3 Lf-/6 8. To pay SANDAG the remaIning sum of $629,48S based upon SANDAG advanced quarterly billings by grant of estimated quarterly expenses within 30 days of being invoiced. 9. To set up four funds: one for each of the three grants in which the CITY will deposit an amount equal to each of the grants, and the fund for the private developer funds. Upon receipt of invoices from SANDAG, delineated by grant (program), a percentage of the funds will be pulled from the applicable grant fund and the matching percentage will be pulled from the developer fund. SECTION III IT IS MUTUALLY AGREED: 1. The total advance payments by the CITY to SANDAG are estimated to be $754,485. This amount includes the local funds from developers referred to in Recital 6, and is inclusive of the APCD's A8 2766 grant funds totaling $414,325. 2. All obligations of CITY under the terms of this Agreement are subject to and conditioned upon the appropriation of the resources by the CITY, and by the APCD. 3. The Final Expenditure Report will summarize all SANDAG expenses by grant, all CITY payments received by SANDAG, and all APCD payments received by SANDAG. Any remaining funds held by SANDAG will be returned to CITY with the Final Expenditure Report. The Final Expenditure Report will be submitted to CITY within 90 days of PROJECT completion. 4. SANDAG work on the PROJECT is subject to the availability of funds, and timely payments from CITY and APCD. Should funding be reduced or not available for PROJECT, SANDAG is not obligated to commit any resources toward the PROJECT until such time as funding is made available to SANDAG. 5. Fund requests and grant agreements for funding of the PROJECT will be the primary responsibility of SANDAG. Fund requests and grant applications for funding of any possible future phases of the PROJECT will be the responsibility of the CITY. 6. SANDAG has no source of funds available to make PROJECT payments in advance of funds being deposited by CITY. 7. A Project Development Team (PDT) will be formed with representatives from CITY, including SANDAG and others involved in the planning and implementation of the PROJECT. The PDT will resolve and come to consensus on any issues associated with the planning and implementation of PROJECT. 8. CITY shall utilize aforementioned transit operator contract for the Express Bus and Trolley Shuttle through City of Chula Vista Planning and Building Department. The transit operator contract shall be managed and administered by CITY's Department of Public Works. SANDAG's Transit Planning shall complete the route planning work required to initiate the Express Bus and Trolley Shuttle services. 9. The CITY will be responsible for coordinating the activities of the pROJECT Steering Committee. The PROJECT Steering Committee will provide guidance to the PDT regarding the implementation of the PROJECT. 4 Lf-/7 10. In the performance of said work, said representatives of SANDAG and CITY will cooperate and consult with each other on a regular basis. 11. Upon completion of all work for PROJECT, the financial incentives element, express bus service and trolley service may be discontinued, unless other sources of funding are identified by CITY. Any continued involvement by SANDAG in the ECVTEP after completion of PROJECT will require an amendment to this agreement. "Completion of all work" for the purposes of this agreement is defined by lack of or discontinuance of funds or December 30, 2006, whichever occurs first. 12. Upon completion of all work for PROJECT, ownership and title to all data, studies, reports, plans, and permits will automatically be vested in CITY. No further agreement will be necessary to transfer ownership to CITY. 13. The CITY may cease implementation of a portion of the PROJECT. Upon such cessation, the parties would take appropriate action to notify the APCD of the discontinuance. 14. The parties hereto agree to adhere to the PROJECT Scope of Work, as previously referenced in Section 1 item 3, consistent with the agreements to be developed between SANDAG and the APCD. 15. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties to this Agreement or affect the legal liability of either party to the Agreement. There are no other parties to this Agreement, express or implied, direct or indirect. CITY and SANDAG acknowledge that it is not their intention to create any third-party beneficiaries to this Agreement. 16. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this Agreement. 17. Neither SANDAG nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SANDAG, and all of its officers and employees, from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. 18. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. The CITY may, at its sole discretion, terminate the PROJECT or any portion thereof upon 90 days written notice to SANDAG of its intent to do so. 5 if -18 19. This Agreement shall terminate on December 30, 2006, or when funding ceases to be available, whichever occurs first. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHULA VISTA ~ ....... . ........ . ....... . ............. ........ ....... . ~/~.-:-:..:-:-:-:-: ," ..... .A~d2 -. :;:..:.;._..~:::::::. , v- .......'........: David D. Rowlands Jr. ................. City Manager :'/ . Y L. GALLEGOS Executive 'Director APPROVED AS TO FORM: APPROVED AS TO FORM: ~'(.~ Ann Moore, City Attorney 6 4 ~/Cj THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL I)IM P /JtdJ c/ Ann Moore """ City Attorney Dated: 1 /u- (oS- 2002/2003 Vehicle Registration Fund Grant Contract with the City of Chula Vista for the Transportation Demand Management Project - Financial Incentives 4-20 ATIAL I:tMI::N r 3 2002/2003 VEHICLE REGISTRATION FUND GRANT CONTRACT WITH CITY OF CHULA VISTA FOR THE TRANSPORTATION DEMAND MANAGEMENT PROJECT- FINANCIAL INCENTIVES Contract No. TillS AGREEMENT is made and entered into this _ day of , 2005, by and between the San Diego County Air Pollution Control District, a special district existing by virtue of the laws of the State of CaJifornia, hereinafter called "APCD," and City of Chula Vista, a municipal corporation existing under the laws of State of California, with a business address of Planning & Building Department, 276 Fourth Avenue, Chula Vista, CA 91910, hereinafter called "CONTRACTOR." R E C I TAL S: WHEREAS, the APCD BOARD, by its action on March 12, 2003, (APCD Minute Order No.1), approved the 2002/2003 Vehicle Registration Funding Allocation that included the CONTRACTOR's Transportation Demand Management Project - Financial Incentives ("the Project"), and authorized the Director of Purchasing and Contracting, pursuant to g401 of Article xxm of the San Diego County Administrative Code, to negotiate a grant service contract; and WHEREAS, APCD desires such services to be provided in accordance with the CONTRACTOR's Scope of Work dated May 24, 2005, attached hereto as Exhibit A, and whereas the CONTRACTOR agrees to provide the services subject to the following additional conditions; and WHEREAS, CONTRACTOR and the San Diego Association of Governments ("SANDAG" - a subcontractor of CONTRACTOR) possess certain skills, experience, education, and competency to perform special and/or acquire the required services. NOW THEREFORE, in consideration of the promises, and mutual covenants and agreements herein contained, it is agreed as follows: PART I. STANDARD TERMS & CONDITIONS 1. TERM OF AGREEMENT The term of this Agreement shall commence effective on the date of this Agreement, and continue for three (3) years following the final payment to CONTRACTOR under the terms of this Agreement during which time CONTRACTOR shall provide services described herein. Lj-2! APCD understands that CONTRACTOR may terminate this agreement for convenience pursuant to Paragraph 7; and in any event, shall have no duty to continue the Project two years after it begins or after all grant funds have been expended (whichever occurs first). 2. DEFINITIONS 2.1 "County" shall mean the County of San Diego and shall be used interchangeably with APCD. 2.2 "APCD" shall mean the Air Pollution Control District and shall be used interchangeably with the County of San Diego. 2.3 "CONTRACTOR" shall mean City of Chula Vista. 2.4 "Contracting Officer" shall mean the Director, San Diego County Purchasing & Contracting Department or his designate. 2.5 "Contracting Officer's Technical Representative" ("COTR") shall mean the Deputy Director of the San Diego County Air Pollution Control District or his designate and shall be used interchangeably with the term "Contract Administrator." 2.6 "Major Equipment" shaIl include, but is not limited to, movable personal property of relatively permanent nature, having a useful life of three years or longer and of significant value, $1,000 or over. 3. AFFIRMATIVE ACTION 3.1 The CONTRACTOR shall comply with the requirements of the County's Affirmative Action Program as set forth in Article IIIk (commencing at !}84) of the San Diego County Administrative Code, attached to this agreement as Exhibit B, unless specifically exempted in accordance with the Article's rules and regulations. A copy of this Affirmative Action Program wiIJ be furnished upon request by the County of San Diego Contract Compliance Office, 1600 Pacific Highway, Room 208, San Diego, CA 9210I. 3.2 CONTRACTOR will not discriminate against any employee, or against any applicant for such employment, because of age, race, color, religion, gender, physical handicap, ancestry, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. 4. CONDUCT OF CONTRACTOR 4.1 The CONTRACTOR agrees to inform APCD/County of all the CONTRACTOR's interests, if any, which are or which the CONTRACTOR believes to be incompatible with any interests of APCD/County relating to this contract. 4.2 The CONTRACTOR shall not, under circumstances that might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special 2 '1-22 favor from individuals or organizations with whom the CONTRACTOR is doing business or proposing ;0 do business, in accomplishing the work under the contract. 4.3 The CONTRACTOR shall not use for personal gain or make other improper use of privileged information that is acquired in connection with his employment. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official announcement. 4.4 The CONTRACTOR or employees thereof shall not offer gifts, gratuity, favors, or entertainment directly or indirectly to APCD/County employees. 5. PROHIBITED CONTRACTS Pursuant to 967 of the San Diego County Administrative Code CONTRACTOR and APCD/ County certify that the provisions of said 967 have not been violated, and that CONTRACTOR is not, and will not subcontract with, any of the following: 5.1 Persons employed by APCD/County or of public agencies for which the Board of Supervisors is the governing body; 5.2 Profit-making firms or businesses in which employees described in ')[5.1 above serve as officers, principals, partners or major shareholders; 5.3 Persons who, within the immediately preceding twelve (12) months came within the provisions of ')[5.1 above and who (1) were employed in positions of substantial responsibility in the area of service to be performed by the contract, or (2) participated in any way in developing the contract or its service specifications; and 5.4 Profit-making firms or businesses in which the former employees described in Paragraph 5.3 serve as officers, principals, partners, or major shareholders. 6. TERMINATION FOR DEFAULT Upon CONTRACTOR's breach of this Agreement, APCD/County shall have the right to terminate this Agreement, in whole or part. Prior to termination for default, APCD/County will send CONTRACTOR written notice specifying the cause. The notice wilJ give CONTRACTOR 10 days from the date the notice is issued to cure the default or make progress satisfactory to APCD/County in curing the default, unless a different time is given in the notice. If APCD/County determines that the default contributes to the curtailment of an essential service or poses an immediate threat to life, health or property, APCD/County may terminate this Agreement immediately upon issuing oral or written notice to the contractor without any prior notice or opportunity to cure. In the event of termination under this Article, all finished or unfinished documents, and other materials, prepared by CONTRACTOR under this Agreement shall become the sole and exclusive property of APCD/County. In the event of such termination, the APCD/County may purchase or obtain the 3 Lf-23 supplies or services elsewhere, and CONTRACTOR shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the APeD/County. The prevailing market price shall be considered the fair repurchase price. If, after notice of termination of this Agreement under the provisions of this Article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this Article, the rights and obligations of the parties shall, if this Agreement contains a clause providing for termination for convenience of the APCD/County, be the same as if the notice of termination had been issued pursuant to such clause. The rights and remedies of APCD/County provided in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 7. TERMINATION FOR CONVENIENCE Notwithstanding any provision of this Agreement to the contrary, APCD/County or CONTRACTOR may, by written notice stating the extent and effective date, terminate this contract for convenience in whole or in part, at any time. The written notice shall be received by the other party at least thirty (30) days before the termination's effective date. APCD/County shall pay the CONTRACTOR as full compensation for performance until such termination: 7.1 The unit or pro rata price for the delivered and accepted portion of the work. 7.2 In no event shall APCD/County be liable for any loss of profits on the resulting order, or portion thereof, so terminated. 7.3 The rights and remedies of APCD/County provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 8. CONTRACT ADMINISTRATION The Director of Purchasing and Contracting is the designated Contracting Officer and is the only APCD/County official authorized to make any changes to this agreement. APCD/County has designated the following individual as the Contract Administrator: Marsha Ventittelli, Air Quality Contracts Coordinator, Air Pollution Control District, 9150 Chesapeake Drive, San Diego, CA 92123-1096. The Contract Administrator will chair contractor progress meetings and will coordinate APCD's contract administrative functions. The Contract Administrator is designated to receive and approve CONTRACTOR invoices for payment, audit and inspect records, inspect contractor services, and provide other technical guidance as required. The Contract Administrator is not authorized to change any terms and conditions of the Contract. Changes to the Statement of Work will be made only by APCD/County and/or the Contracting Officer issuing a properly executed Change Order modification. 9. NOTICE 4 if - 2Lf Any notice or notices required or pennitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses: 9.1 Attention: Marsha Ventittelli, Air Quality Contracts Coordinator, Air Pollution Control District, 9150 Chesapeake MS 0-176, San Diego, CA 92123. 9.2 Attention: Daniel W. Forster, Program Manager, Planning & Building Dept., 276 Fourth Avenue, Chula Vista, CA 91910. 10. DISPUTES Notwithstanding any provision of this Agreement to the contrary, the Contracting Officer shall decide any dispute concerning a question of fact arising out of this Agreement that is not otherwise disposed of by the parties within a reasonable period of time. The decision of the Contracting Officer shall be final and conclusive unless detennined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary or so grossly erroneous as necessarily to imply bad faith. Contractor shall proceed diligently with its performance hereunder pending resolution by the Contracting Officer of any such dispute. Nothing herein shall be construed as granting the Contracting Officer or any other administrative official, representative or board authority to decide questions of law. 11. CHANGES The Contracting Officer may at any time, by written order, make changes within the general scope of work of this contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the CONTRACTOR for adjustment under this clause must be asserted within 30 days from the date of receipt by the CONTRACTOR of the notification of change; provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as a result of a change is included in the CONTRACTOR's claim for adjustment, the Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the CONTRACTOR from proceeding with the contract as changed. 12. INDEMNIFICATION & DEFENSE 5 4--25 APCD/County and its officers agents and employees shall not be liable for, and CONTRACTOR agrees for itself, its officers, employees, subcontractors, consultants, licensees, tenants and volunteers to defend and indemnify APCD/County and its officers, agents and employees against any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys fees' and court costs (hereinafter collectively referred to as "Claims"), which arise out of or are in any way connected to the work or Equipment covered by this Agreement arising either directly or indirectly from any act, error, omission or negligence, whether active or passive, of CONTRACTOR or its officers, employees, subcontractors, consultants, licensees, invitees, tenants. and volunteers including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of APCD/County or its officers, agents and employees. However, CONTRACTOR shall have no obligation to defend or indemnify APCD/County from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of APCD/County or its officers, agents or employees. 13. INSURANCE Without limiting the CONTRACTOR's indemnification of APCD/County, CONTRACTOR shall provide and maintain at its own expense, during the term of this contract and beyond, the following insurance coverage and provisions or proof of participation in any self-funded program as follows: 13.1 Proof ofInsurance Within ten (10) working days following receipt of notice that a contract has been awarded, CONTRACTOR shall submit Certificates of Insurance and appropriate separate endorsements to the actual insurance policy, or proofs of participation in any self-funded program evidencing that CONTRACTOR has obtained, for the period of the contract, insurance in the following forms of coverage and minimum amounts specified. True and certified copies of the insurance policies will be made available to APCD/County with fifteen (15) days notice. 13.2 Notice of Cancellation for Change of Coverage Insurance afforded by the policies or self-funded program shall not be canceled or changed so as to no longer meet the herein specified APCD/County insurance requirements without thirty (30) days prior written notice of such cancellation or change being delivered to APCD/County. 13.3 Oualifying Insurers All coverages shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A, VII according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by APCD/County's Risk 6 -u Manager. All coverages shall be issued by companies currently authorized to transact business in the State of California. 13.4 Special Provisions The herein requirements as to the types and limits of insurance coverage to be maintained by the CONTRACTOR, and any approval of said insurance by APCD/County, or their insurance consultant(s) are not intended to and shall not in any manner lirrrit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this contract, including, but not limited to, the provisions concerning indemnification. APCD/County reserves the right to withhold payments to CONTRACTOR in the event of material non-compliance with the insurance requirements outlined. 13.5 Insurance 13.5.1 Statutory Workers' Compensation and Employer's Liability Insurance for not less than one million dollars ($1,000,000) per occurrence for all employees engaged In services or operations under this contract. 13.5.2 General Liability - for bodily injury (including death) and property limits as follows: 13.5.2.1 Commercial General Liability General Aggregate Products/Completed Operations Personal & Advertising Injury Per Occurrence $1,000,000 $1,000,000 $1,000,000 $1,000,000 OR 13.5.2.2 Comprehensive General Liability - for bodily injury (including death) and property damage, which provides lirrrits of not less than one rrrillion dollars ($1,000,000) combined single limit (CSL) per occurrence. 13.6 Claims Made Coverage If coverage is written on a "claims made" basis, the Certificate of Insurance shall clearly so state. In addition to the coverage requirements specified above, such policy shall provide that: (a) The policy retroactive date coincides with or precedes CONTRACTOR's commencement of work under the Agreement (including subsequent policies purchased as renewals or replacements). (b) CONTRACTOR will make every effort to maintain sirrrilar insurance during the required extended period of coverage following expiration of the Agreement, including the requirement of adding all additional insureds. (c) If insurance is terminated for any reason, CONTRACTOR shall purchase an extended reporting provision of at least two (2) years to report claims arising in connection with the Agreement. 7 L/~27 (d) The policy allows for reporting of circumstances or incidents that might give rise to future claims. 13.7 "Additional Insured" Coverage 13.7.1 For all types of insurance required above, coverage shall include an Additional Insured Endorsement. Insurance afforded by each policy shall apply to APCD/County, the members of the Board of Supervisors of the County of San Diego and the Air Pollution Control Board for the County of San Diego, individually and collectively, and the officers, agents employees and volunteers of the County of San Diego and APCD, individually and collectively, as additional insured parties. 13.7.2 CONTRACTOR further agrees to require that the parties listed in '113.7.1 above be named as additional insured parties in all policies of liability coverage required by this agreement or by CONTRACTOR to be obtained by its subcontractors, licensees, invitees, tenants or volunteers. 13.7.3 The coverage afforded by the additional insured endorsement described above shall apply as primary insurance, and any o'''er insurance maintained by the County, the members of the Board of Supervisors of the County and the Air Pollution Control Board of the County, or its officers, agents employees and volunteers, or any County self- funded program, shall be excess only and not contributing with such coverage. 13.8 Waiver of Subrogation CONTRACTOR and APCD/County release each other, and their respective authorized representatives, from any Claims (as defined in Section 12 entitled "Indemnification and Defense" of the Agreement), but only to the extent that the proceeds received from any policy of liability insurance carried by APCD/County or CONTRACTOR, other than any self-insurance, covers any such Claim or damage. Included in any policy or policies of liability insurance provided by CONTRACTOR hereunder shall be a standard waiver of rights of subrogation against APCD/County by the insurance company issuing said policy or policies. 13.9 Notice of Cancellation or Change of Coverage All certificates of insurance provided by CONTRACTOR must evidence that the insurer providing the policy will give APCD/County thirty (30) days written notice, at the address shown in the section of the Agreement entitled "Notice," in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance. 13.10 SelfInsurance CONTRACTOR may, with prior written consent of the County's Risk Manager, fulfill some or all of the insurance requirements contained in the Agreement under a plan of self-insurance. CONTRACTOR shall only be permitted to utilize such self-insurance, however, if, in the opinion of the County's Risk Manager, CONTRACTOR's (i) net worth, and (ii) reserves for payment of claims of liability against CONTRACTOR, are sufficient to adequately compensate 8 LJ-Z2 for the lack of other insurance coverage required by the Agreement. CONTRACTOR's utilization of self-insurance shall not in any way limit liabilities assumed by CONTRACTOR under the Agreement. 13.11 Subcontractor's Insurance CONTRACTOR shall make certain that any and all subcontractors hired by CONTRACTOR are insured to current industry standards for form and limits. If any subcontractor's coverage does not comply with the foregoing provisions, CONTRACTOR shall indemnify and hold APCD/County harmless of and from any damage, loss, cost, or expense, including attorneys' fees, incurred by APCD/County as a result thereof. CONTRACTOR shall include subcontractors under its policies or shall furnish separate certificates of insurance and endorsements for each subcontractor. 13.12 Policv Review APCD/County shall retain the right at any time to review the coverage, form and amount of insurance acquired herein and may require CONTRACTOR to obtain insurance sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. APCD/County shall be reasonable. APCD/County retains the right to receive a true and certified copy of any insurance required herein with fourteen (14) days notice. 13.13 Deviations from Contractual Insurance Requirements All deviations from the contractual insurance requirements stated herein must be approved by County Risk Management. 14. SERVICES PROVIDED BY AB2766 F1JNDS APCD/County and CONTRACTOR acknowledge that funds are being provided to the Transportation Demand Management Project - Financial Incentives as specified in the Statement of Work. 15. AUDIT AND INSPECTION OF RECORDS 15.1 General APCD/County shall have the audit and inspection rights described in this section. 15.2 Cost. Pricing and Performance Data The Contracting Officer or his representatives who are employees of APCD/COUNTY or its agent shall have the right to examine all books, records, documents and other data of the CONTRACTOR related to the cost or negotiation pricing or performance of this contract, or any subcontract made hereunder, or any change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing or performance data submitted. 15.3 The Contracting Officer or his representatives who are employees of APCD/ County or its agent shall also have the right to examine all records and data and other information relating 9 '!-Z9 to any cost and relevant information that is submitted for reimbursement that is reasonably related to the direct and indirect costs of performing the services in the Statement of Work. 15.4 A vailabilitv The materials described above shall be made available at the office of the CONTRACTOR, during normal business hours, for inspection, audit or reproduction, until the expiration of 3 years from the date of final payment under this contract, or by (I) and (2) below: (I) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three years from the date of any resulting final settlement. (2) Records that relate to appeals under the "Disputes" clause of this contract, or litigation or the settlement of claims arising out of the performance of this contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after contract completion, whichever is longer. 15.5 The CONTRACTOR shall insert a clause containing all the provisions of this clause 15 in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under APCD/ County's prime contract. 16. PATENT AND COPYRIGHT INFRINGEMENT The contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the contractor has knowledge. 17. PERMITS, NOTICES, FEES AND LAWS The CONTRACTOR shall, at its own expense, obtain all permits and licenses, give all notices, pay all fees, and otherwise comply with all State and Federal statutes, ordinances, rules and regulations pertaining to work and to the preservation of the public health and safety. 18. AIR, WATER POLLUTION CONTROL, HEALTH AND SAFETY Contractor shall comply with all State and Federal air and water pollution control, health and safety statutes, ordinances, rules and regulations that apply to the work performed under this contract. 19. FINDINGS CONFIDENTIAL Any reports, information, data, etc., given to or prepared or assembled by the CONTRACTOR under this Agreement which APCD/County requests to be kept as confidential shall not be made available or disclosed to any individual or organization by the CONTRACTOR without the prior written approval of APCD/County, except; (a) as required to by other funding sources for the pool, (b) as may be necessary to perform the Statement of Work, or (c) as may be otherwise 10 '-1- 30 required by law, including, without limitation, the California Public Records Act, Government Code *6250 et seq. 20. PUBLICATION, REPRODUCTION AND USE OF MATERIAL No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other country. Except as provided in Article 19 above, APCD/County and CONTRACTOR shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 21. INDEPENDENT CONTRACTOR It is agreed that CONTRACTOR shall perform as an independent contractor under this Agreement. CONTRACTOR is, for all purposes arising out of this Agreement, an independent contractor, and shall not be deemed an employee of APCD/COUNTY. It is expressly understood and agreed that CONTRACTOR and its employees and any subcontractors and their employees shall in no event be entitled to any benefits to which permanent APCD/COUNTY employees are entitled, including, but not limited to, overtime, any retirement benefits, workers' compensation benefits, and leave benefits. 22. SUBCONTRACT FOR WORK OR SERVICES Except for SANDAG and CONTRACTOR's transit services provider (which have already been approved), no subcontract shall be made by the CONTRACTOR with any party for furnishing any of the work or services herein contained without the prior written approval of the Contract Administrator; but this provision shaH not require the approval of contracts of employment between the CONTRACTOR and its own personnel assigned for services thereunder, or for parties named and agreed to herein. CONTRACTOR is reminded that it is APCD/County policy to encourage the participation of minority business enterprises. This includes assurance that, if feasible, minority firms are solicited, or where feasible, includes dividing the requirement into smaller units for the purpose of providing for greater minority participation, or the establishment of delivery and payment schedules that will facilitate participation by minority businesses. 23. DRUG & ALCOHOL-FREE WORK PLACE APCD/County of San Diego, in recognition of individual rights to work in a safe, healthful and productive work place, has adopted a requirement for a drug and alcohol free work place, APCD/County of San Diego Drug and Alcohol Use Policy C-25. This policy provides that aH APCD/County employed Contractors and Contractor employees and their employees shaH assist in meeting this requirement. II Lf~31 23.1 As a material condition of this agreement. the CONTRACTOR agrees that the CONTRACTOR and its employees and subcontractors and their employees, while performing service for APCD/County, on APCD/County property, or while using APCD/County equipment: 23.1.1 ShaH not be in any way impaired because of being under the influence of alcohol or a drug. 23.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal drug. 23.1.3 Shall not sell, offer, or provide alcohol or a drug to another person. Item 23.1.3 shall not be applicable to a Contractor or Contractor employee who, as part of the performance of normal job duties and responsibilities prescribes or administers medically prescribed drugs. 23.2 The Contractor shall inform all employees who are perfonning services for APCD/County or on APCD/County property or using APCD/County equipment, of the APCD/County objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for APCD/County. 23.3 APCD/County may Terminate for Default or Breach this Agreement and any other Agreement the CONTRACTOR has with APCD/County, if the CONTRACTOR, or its employees are detennined by the Contracting Officer not to be in compliance with the conditions of24.1 above. PART II. FISCAL 24. COMPENSATION OF CONTRACTOR 24.1 Amount APCD/County agrees to pay CONTRACTOR a total sum not to exceed $222,498 for the Transportation Demand Management Project - Financial Incentives as specified in the attached Statement of Work. In exchange, CONTRACTOR agrees to perform the services described in the Agreement and the attached Statement of Work. This agreement does not commit funding Of services for the Express Commuter Bus Service or Express Trolley Shuttle Service described in the attached Statement of Work; such funding and services are covered in separate agreements between APCD and CONTRACTOR. 24.2 Reimbursement for Claim for Services Unless otherwise provided in the Statement of Work, in consideration for services performed by CONTRACTOR under this Agreement, APCD/County will pay CONTRACTOR by reimbursing CONTRACTOR for expenses as stated on each invoice, provided total amount of invoices does not exceed $222,498. The amount of each invoice submitted by the CONTRACTOR is subject to a determination of a fair and reasonable price by the Contract Administrator. 24.3 Withholding ofPavment 12 APCD/County may withhold final payment until final reports required under this Agreement are received and approved by APCD/County. APCD/County may also withhold payment where Contractor is in non-compliance with this Agreement, but must release payment otherwise due CONTRACTOR upon CONTRACTOR taking necessary steps to complete compliance. 25. DISALLOWANCE In the event CONTRACTOR claims and receives payment from APCD/County for reimbursement of equipment and/or services that are later disallowed by APCD/County, CONTRACTOR shall then promptly refund the disallowed amount to APCD/County upon request. At its option, the APCD/County may offset the amount disallowed from any payment due or to become due to the CONTRACTOR under this Agreement or another agreement. Similarly, a disallowance under another agreement may be offset against this Agreement. 26. FULL COMPENSATION Pending any cost adjustments, each claim so approved and paid shall constitute full and complete compensation to CONTRACTOR for the period covered by the claim. It is expressly understood and agreed that this Agreement constitutes the entire agreement of CONTRACTOR and APCD/County and in no event shall Contractor be entitled to any compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. 27. PARTIAL PERFORMANCE In the event less than all services are performed in a proper and timely manner, CONTRACTOR shall be paid only the reasonable value of the services perfonned during the payment period as determined by the Contract Administrator. 28. RETENTION OF RECORDS The CONTRACTOR and any and all subcontractors shall be required to retain all financial records and administrative documents relative to this Agreement in accordance with Section 15, Audit and Inspection of Records, and in accordance with applicable APCD/County, State, and Federal statutes, regulations, ordinances and policies. All such records shall be returned to the APCD/County should CONTRACTOR become defunct or close doing business, prior to limitations set forth in such statutes. PART Ill. REPORTING REQUIREMENTS 29. INVOICING APCD/County intends to make payments on grant eligible items and activities upon receipt of invoices as provided in the Statement of Work. CONTRACTOR should attach all necessary 13 '1-33 receipts and other expenditure documentation with its invoices. APCD/County reimbursement to CONTRACTOR will be made on the basis of the submitted invoices. 30. PROGRESS REPORTS CONTRACTOR shall submit quarterly reports, with monthly invoices, during the two (2) years of Transportation Demand Management Project - Financial Incentives funding as specified in Statement of Work. A yearly report will be submitted to APCD/County for three (3) years following final payment (if the Project is not discontinued) that incJude objectives achieved; activities performed; incentive amount paid to commuters; further deve10pment of project and recommendations for project improvement. 31. FINAL REPORT CONTRACTOR shall submit a final report to APCD/County within thirty (30) days of grant program funding end date. This report shall include the following: 31.1 Table of Contents. 31.2 A summary of the objectives achieved as they relate to the project Statement of Work. 31.3 A summary of the activities performed and the total amounts expended on the project. 31.4 Any findings, concJusions or recommendations for follow-up or ongoing activities that might resu1t from successfu1 comp1etion of this project. 31.5 A statement, if applicable, of future intent of the pubJic and/or private support to maintain or further develop the project. 31.6 A consolidated list of subcontractors, funded under this Agreement (in part of whole), Include the name, address, concise statement of work performed, time period and value of each subcontract. 31.7 A summary of project successes that provide measurable results. A summary of project failures or shortcomings, reasons and necessary remedia1 activities. Review comments shall be prepared and transmitted by the APCD/County to the Contractor within 30 days of receipt of the draft version of the final report, After incorporating the APCD/County's comments, the Contractor shall submit to the Contract Administrator three copies of the final report no later than 60 days after receipt of APCD/ County's comments. APCD/County reserves the right to use and reproduce all reports and data produced and delivered pursuant to this Agreement, and reserves the right to authorize others to use or reproduce such material. Failure to comply with the reporting requirements specified above may resu1t in termination of this Agreement or suspension of any or all outstanding payment requests until such a time as the Contractor has satisfactorily completed the reporting provisions, 32. SEVERABILITY 14 Should any part of this agreement be held to be invalid by a court of competent jurisdiction, the remainder of the agreement shall be considered as the whole agreement and be binding on the contracting parties. 33. GOVERNING LAW This contract shall be construed and interpreted according to the laws of the State of California. 34. AGREEMENT This Agreement, including the exhibits attached hereto, constitutes the entire agreement by and between the CONTRACTOR and APCD/County with respect to the services described herein and supersedes all other additional communications, both written and oral, Both parties, by their authorized signatures, acknowledge that they have read, understand and agree to all the terms and conditions of this Agreement. 35. APCD RECOGNITION CONTRACTOR agrees to recognize APCD/County as a funding source on all promotional materials prepared for the project. IN WITNESS WHEREOF, APCD/County and CONTRACTOR have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to'its terms: FOR CITY OF CHULA VISTA FOR APCD & COUNTY: By: David D. Rowlands, Jr., City Manager Winston F. McColl, Director Purchasing & Contracting Date: Date: Approved as to form by: Date: A~r'':!.Ci~T~ /'2 Tn ~C:-:;;;: ,:.>!D ~::.':,~iiY COUNTY c:::~jr.::":L 8y~ithL ScHIOR DEPUTY By. Ann Moore, City Attorney 15 Lf-35 EXHIBIT A if -30 2002-2003 AS 2766 VEHICLE REGISTRATION FUNDS CITY OF CHULA VISTA Planning and Building Department 276 Fourth Avenue Chula Vista, CA 91910 Ph: (619) 476-5300 Fax: (619) 409-5861 Transportation Demand Management Project Financial Incentives SCOPE OF WORK March 11, 2004 Revised April 28, 2003 Revised May 25, 2004 Revised July 30,2004 Revised November 29,2004 Final Revision May 24, 2005 INTRODUCTION Project History and Description In recent years, the rate of growth in East Chula Vista, which is a series of master planned communities, has gone from less than 500 housing permits per year to over 3,000 permits in calendar year 2001. As a result of this unparalleled growth, the City of Chula Vista, in conjunction with the East Chula Vista development community, has instituted the East Chula Vista Transportation Enhancement Program (ECVTEP). This program includes elements that are consistent with the City's C02 Reduction Plan. To date, over $4.5 million of private funds have been committed toward the ECVTEP with $340,160 dedicated to the development of an East Chula Vista Transportation Demand Management (EVTDM) Program. There are three elements in the EVTDM. One component is a Financial Incentives project, herein referred to as "Project," which is presented in this Scope of Work (SOW). Two complementary projects - a private, subscription-based, peak hour Express Bus service from East Chula Vista to downtown San Diego and a private, subscription-based peak hour Trolley Shuttle - will provide free transit alternatives to East Chula Vista commuters. I Lf-37 Financial Incentives A key component of the EVTDM is the financial incentives that encourage commuters to choose alternatives to driving alone to work, with the long-term benefit being a reduction in C02 emissions within the City of Chula Vista and regional community. The overall EVTDM will create alternatives to solo commuting with the goal of changing participants' travel behavior. The Project outlined in this document will develop a program to promote carpooling, vanpooling and transit ridership through financial incentives. Financial incentives have been proven to overcome commuters' reluctance to switch from solo occupant vehicle (SOV) commuting to an alternative mode. PROJECT Yr1 Yr2 Total Local Match Financial Incentives $200,600 $170,230 $370,830 $148,332 Amount from APCD $222,498 Funding Sources: Private - Matching Funds - 40% of total AB2766 Vehicle Registration Funds - 60% of total Project Total: $148,332 $222.498 $370,830 Private funding will be provided by local area developers who have committed these funds to mitigate increasing congestion in Chula Vista. SCOPE OF SERVICES The scope of services summarizes the Project tasks, deliverables, and schedule to be followed during execution of this Statement of Work. In keeping with the budget of this program, 60% (which amounts to $117,030) of the $195,050 allocated for the $2 per day incentive payment (Under Task 5) will be used specifically to maximize the emission savings of this project. Task 1: Project Development As part of the Project development effort, monthly Project team meetings will be held. The Project team consists of representatives from SANDAG, RideLink, and the City of Chula Vista and will: . develop marketing and public relations materials; . initiate a residential marketing campaign; . begin on-going marketing efforts; and . develop, initiate, and manage the distribution of financial incentives. Timeline: Project development will begin six months prior to Project implementation. Deliverables: Quarterly summary of project progress and marketing campaign outline. Task 2: Project Administration 2 SANDAG will administer the Project and be responsible for project management. (See Attachment A) RideLink Commuter Service Program will administer the enrollment of qualified commuters and the distribution of financial incentives. Qualified commuters are those who: . currently drive to and from work alone via single occupant vehicle (SOV); . live in specified areas of East Chula Vista (identified in Task 5, item 2); and . have not used an alternative mode of transportation on a regular basis for commuting purposes from their current residence during the six months prior to their applying to participate in the incentives project. Qualified participants will be able to receive, one time only, financial incentives for a maximum of up to 65 days during a single period of three consecutive months; weekdays only. RideLink will maintain a database of Project participants who are eligible to participate up to 65 days during three consecutive months. To enroll, each participant will first receive participation guidelines. The participant must sign to acknowledge that they have read and agreed with the guidelines. The participant will then submit a completed entrance survey and a registration form. The registration form will indicate contact information, prior commute mode(s), and new qualifying commute mode(s}. Participants will be required to complete a mode tracking log. The log must be verified and signed by the participant's employer or school representative for monitoring purposes. The mode tracking log is not required for those participating in the Express Commuter Bus or the Express Trolley shuttle since those participants will have passes issued for each month. Monthly passes will be validated by the bus and shuttle drivers. The commuter must use the alternative transportation mode (transit, carpool, vanpool, bike, or walk) and provide the supporting documentation, as described above. At the conclusion of the three consecutive months' period, participants will be required to complete and mail in to RideLink an exit survey and an incentive claim form. The exit survey and claim form must be submitted within 30 days of the completion of the three-month alternative commute period. Upon verification of the mode tracking log and claim form, the participant will receive their cash incentive, in the form of a check mailed to their home address. The mode tracking log is not required for those participating in the Express Commuter Bus or the Express Trolley shuttle. A separate bank account will be set up by RideLink specifically for Project use. RideLink will prepare a monthly report that includes a report of all activities on the account. Financial incentives checks will be issued solely from this account. Timeline: On-going activity for the two-year life of the Project. Deliverables: Quarterly project summary including labor hours report and copies of project bank account statements. Entrance survey, participation guidelines, registration form, mode tracking log, and incentive claim form. Task 3: Project Marketing Financial Incentives will be promoted to commuters using some or all of the following methods: 3 Lf-?51 . Coordinate with the City of Chula Vista to create public relations opportunities; . Establish relationships with East Chula Vista's Home Owner's Associations (HOA); developers, and realtors to create distribution channels through which Project information can be efficiently disseminated to targeted commuters; . Develop "Move-In" materials for new homeowners; and . Develop a Project Web page on the existing RideLink.org Web site. Establish links to the Keep San Diego Moving Web portal, the City of Chula Vista Web site, HOA and developer Web sites, and sdcommute.org. Timeline: On-going activity for the two-year life of the Project. Deliverables: Quarterly summary of marketing activities. Residential marketing brochure, project web page on RideLink.org, and move-in packet. Task 4: Enhanced Guaranteed Ride Home (GRH) for Project Participants Project participants will be eligible for an enhanced version of the regional GRH program. Typically, any commuter that carpools, vanpools, bikes, or uses the Coaster commuter train or Premium Express bus service is eligible for three rides home annually in the event of an emergency. An emergency consists of illness (either the enrollee or an immediate family member), unscheduled overtime (approved by enrollee's supervisor), or van pool or carpool being unavailable due to a driver's emergency. However, project participants will be eligible for four emergency rides home annually under the same guidelines. The first three GRH will be provided by the regional GRH program. Only the additional GRH will be provided and funded by the Project. Timeline: On-going activity for the two-year life of the Project. Deliverables: Quarterly number of GRH provided to Project participants. Task 5: Project Guidelines, Monitoring and Reporting Project Guidelines Guidelines for the financial incentives project are as follows: . Item 1: Provide eligible commuters up to $2 cash for each weekday that a commuter (who previously traveled via SOV) chooses to take transit, vanpool, carpool, bike, or walk to work up to 65 days within three consecutive months. Participation in this Project is limited to once per person. As explained in the Scope of Services, $117,030 of allocated funds will be used specifically for $2 cash incentives; . Item 2: Qualified participants must reside in specified neighborhoods in East Chula Vista. Specified neighborhoods include but are not limited to major projects in the following communities: Otay Ranch, Eastlake, San Miguel Ranch, Terra Nova, Salt Creek, Rancho del Rey, Telegraph Canyon Estates, Rolling Hills Ranch, and Sunbow. If 4 o program capacity allows, the Project will be expanded to include all residents east of the 1-805 freeway. (See Attachment B); . Item 3: Participation will be limited to commuters that currently travel to and from work during the peak congestion periods; currently drive alone to work; and those who have not used an alternative mode of transportation on a regular basis for commuting purposes from their current residence during the six months prior to their applying to participate in the financial incentives Project; . Item 4: Participating commuters must submit a registration form to RideLink for review and approval. RideLink staff will furnish eligible commuters with all necessary materials required to participate in the incentives program, e.g. registration form, tracking logs, claim forms, etc.; and . Item 5: Commuters will be required to submit a claim form indicating the number of days they traveled via alternative transportation and the mode of travel used, and must complete an exit survey at the end of three consecutive months of participation. Commuters will have 30 days to submit their forms for incentive payment. Upon review and approval, RideLink staff will mail the incentive in the form of a check to approved participants within 30 days. Monitoring Participants claim form will be verified by validating mode of transportation with the participant's employer or school representative. If employer validation is not provided, the claim will be rejected. The number of Project participants and their commute modes prior to joining the Project will be tracked. The Project will seek to determine trends in mode switches and to further identify those most likely to change modes due to financial incentives. Reduction in VMT produced by the Project will be tracked. The emission reductions for the East Chula Vista TDM Project will be calculated based on annual vehicle miles traveled (VMT) reduced as a result of the Project. Reporting Monitoring reports will be provided to the APCD on a quarterly basis. A follow-up mail-in survey with Project participants will be conducted six months after Project conclusion to determine long-term changes in travel behavior. This information will be forwarded to APCD in the final report. Timeline: On-going activity for the two-year life of the Project. Deliverables: Quarterly summary of project activities, summary of project enrollment (both current and new enrollees compiled by month), VMT reduction figures, and final follow-up mail- in survey during the two year Program. Summary reports will continue annually for three years following final payment to City if project continues. COMPLEMENTARY PROJECTS 5 Lf -41 In addition to the Financial Incentives Project, two complementary projects, the Express Commuter Bus and the Express Trolley Shuttle, will be operated. These are private, subscription-based transit services available to qualified, enrolled Project participants only. Express Commuter Bus Service The Express Commuter Bus service will provide up to three round trips to and from downtown San Diego depending on commuter demand. Over-the-road coach-type buses will be used to carry East Chula Vista residents to and from their places of employment in downtown San Diego. Convenient pick-up and drop off locations will be determined by an East Chula Vista residential survey. Service will operate with minimal stops so as to be considered "express." Park & Ride lots will be used where possible to provide convenient and safe access to the Express Commuter Bus services. Routing of the vehicles will strive to avoid the most heavily congested segments of streets and freeways. Express Trolley Shuttle Service The Shuttle Express shuttle service will provide up to three round trips to and from the H Street San Diego Trolley station, major employers, and/or the City of Chula Vista. Large vans or up to 25-passenger buses will be used to carry East Chula Vista residents to and from the H Street Trolley station. Convenient pick-up and drop off locations will be determined by a survey. Routing of the vehicles will strive to avoid the most heavily congested segments of streets and freeways. Shuttles would operate with minimal stops so as to be considered "express." SUMMARY - TWO YEAR GRANT PROJECT Yr1 Yr2 Total Percent Local Amount from Match from APCD APCD Financial $200,600 $170,230 $370,830 60"10 $148,332 $222,498 Incentives EXDress Bus $103,285 $166,570 $269,855 50% $134,928 $134,927 EXDress Trollev $50,600 $63,200 $113,800 50% $56,900 $56,900 TOTAL $354,486 $400,002 $754,485 $340,160 $414,325 See Attachment C for Financial Incentives Program budget. PROJECT SCHEDULE Task 1 2 3 4 5 6 DescriDtion Project Development Project Administration Project Marketing Guaranteed Ride Home (GRH) for Project Participants Project Guidelines, Monitoring and Reporting Final Report ComDletion Date Jan 2004- June 2005 June 2005-June 2007 June 2005-June 2007 June 2005-June 2007 June 2005-June 2007 June 2010 6 Lf- 2 PERSONNEL CITY OF CHULA VISTA Daniel W. Forster, Program Manager, is responsible for oversight of the East Chula Vista TDM Project. SANDAG Ray Traynor, Program Manager, is responsible for overall administration of the East Chula Vista TDM Project. Allison Richards-Evensen, Project Manager, is responsible for the project coordination, implementation, monitoring of the East Chula Vista TOM Project, including processing of monthly Project reports from RideLink and preparation of quarterly and yearly reports to APCD. RideLink Bill McCaughey, President and Owner of Inland Transportation Services (ITS} - under contract with SANDAG to manage the RideLink Regional Commuter Program - will oversee Project activities. Kenn Neugart, RideLink Project Coordinator. will handle management of Project enrollment lists, explanation of Project requirements to newly enrolled commuters, and validation of vendor invoices. Mr. McCaughey and Mr. Neugart will ensure the timely collection and validation of Project data that is submitted to SANDAG each month. ITS has over 20 years of commuter services experience. PHONE NUMBERS Dan Forster Ray Traynor Allison Richards-Evensen William McCaughey Kenn Neugart (619) 476-5348 (619) 699-6945 (619) 699-1982 (858) 695-3825 (858) 695-3825 DESCRIPTION OF EQUIPMENT TO BE OBTAINED No equipment will be obtained as part of the Project. PAYMENT SCHEDULE AB 2766 funds will be provided by APCD, in an amount not to exceed $222,498.00 for costs incurred during Project, and will be used to develop, market, administer, and provide financial incentives. Of the allocated $222,498.00 funds, $117,030.00 will be used specifically for $2 incentive payments only. APCD will be invoiced for Project costs at a rate of 60 percent, not to exceed $222,498.00, on a quarterly basis. APCD shall make these payments only following receipt of a detailed invoice that sets forth the task, date, and specific costs. Billing documentation will include copies of 7 Lf -if 3 subcontractor's invoices, with administrative hours and costs identified by task, and copies of "payment checks" paid for the previous quarter's completed tasks. APGD payments are made in arrears. Invoices will be paid within 30 days of receipt of complete invoice. Local developer funds will be used to cover the 40 percent matching requirements. A full budget spreadsheet is included as Attachment C. REPORTING REQUIREMENTS A quarterly invoice and progress report during the two year Program and annually for three years following final payment will be provided to the APGD containing: A. A narrative of Project activities for the previous three months; B. A summary of Project enrollment, compiled by month, including: . Number of new enrollments . Number of active Project members at quarter's end G. A synopsis of Project performance, compiled by month including: . Number of emergency ,ides home provided by primary mode (Le., Express Bus, Express Shuttle, vanpool, carpool, and bike) . Vehicle miles saved . VTM reduction . Number of guaranteed rides home (GRH) provided as described in Project (one additional GRH in addition to three provided by regional program) L Backup documentation to verify three previous rides provided under regional GRH program D. A series of charts illustrating Project activity for the year to date, including: . Project enrollment levels . Types of commuting . VMT reduction E. Copies of Project marketing or promotional materials produced during the billing period. APCD RECOGNITION All new printed materials, which promote the East Chula Vista TOM Project, will include the APCD logo. All references to the Project in advertising or newsletters shall recognize the APGD as a contributor to the Project. AIR QUALITY AND COST EFFECTIVENESS . Emission Reductions Actual emission reductions are estimated based on Average Auto Emission Factors similar to those released by the APCD in its March 1997 publication, Methods to Find the Cost Effectiveness of Air Quality Projects. The emission reductions for the East Chula Vista TOM Project will be calculated based on annual vehicle miles traveled (VMT) reduced as a result of 8 the Project. The daily round-trip mileage traveled by each Express Bus and Shuttle will be tracked to measure VMT reduced and a chart provided in quarterly reporting. Cost-effectiveness The cost-effectiveness of the Project also will be measured using the VMT reduction data. Estimated Impact: Reduction of 5.4 million vehicle miles TriDs Reduced Year 1 360 Year 2 720 Total 1,080 *Based on a 50-week year. Averaae Miles 20 20 20 Tolal Miles/Dav 7,200 14,400 21,600 Total MilesIYear* 1,800,000 3,600,000 5,400,000 9 Lf -'-15 . ATTACHMENT A {f-'f b File Number 5000224 THE FIRST AMENDMENT TO MEMORANDUM OF UNDERSTANDING BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHULA VISTA REGARDING EAST CHULA VISTA TDM PROJECT THIS FIRST AMENDMENT, effective as of this 20'h day of July, 2005, is between the San Diego Association of Governments, referred to herein as "SANDAG," and the CITY OF CHULA VISTA, referred to herein as "CITY." WHEREAS, the parties hereto entered into a previous agreement regarding the East Chula Vista TDM Proiect ("PROJECT"), dated June 1, 2004 (the "MOU"), which is in need of revisions to address additional requirements imposed by the San Diego Air Pollution Control District (APCD); and WHEREAS,the parties intend to redefine herein the terms and conditions under which the PROJECT is to be financed and performed and thereby supersede the conflicting provisions of the MOU; and WHEREAS, the CITY desires to provide SANDAG with an additional amount of $225,744 to cover additional PROJECT cost, bringing the total PROJECT funding amount to $980,229; NOW THEREFORE, as a result of mutual agreement, the parties desire to amend the following terms and conditions in the MOU. UNDER THE HEADING RECITALS Recital Number 6 Shall be Amended to Instead Read as Follows: 6. CITY has programmed $980,229 for the development, administration and implementation of the TDM project. Recital Numbers 10 and 13 shall be deleted. UNDER THE HEADING "SANDAG AGREES" Paraqraph Numbers 3. 5. 6. 7. 8. and9 Shall be Amended to Instead Read as Follows: 3. To prepare three agreements and scopes of work (SOW) between CITY and the APCD for the three AS 2766 grants concerning the work to be overseen by SANDAG as described in Recital NO.3. 5. To utilize funds from the AB 2766 grants for the Express Bus and Express Shuttle, as contracted by the City and consistent with the SOWs for PROJ ECT implementation, and to provide payment for services provided by the transit provider contracted by CITY consistent with the program budget. Any increases due to fuel escalation shall result in an equal increase to the amount provided to SANDAG. L( -q7 File Number 5000224 6. To utilize funds from the AB2766 grants to cover the direct and indirect costs of SANDAG staff time spent developing, administering and supporting the PROJECT as allowed by grant rules and as identified in the grant application. 7. To administer $414,325 in AB2766 grant funds awarded by the APCD to the CITY by overseeing the work described in Recital No.3. 8. To submit quarterly billings separated by grant program to CITY, in advance of costs incurred, to cover SANDAG costs for the PROJECT. SANDAG will also prepare quarterly expenditure reports that detail actual project expenditures. SANDAG will prepare a Final Expenditure Report for CITY at PROJECT Closeout. The Final Expenditure Report will summarize PROJECT expenses including, all SANDAG costs, along with CITY payments to SANDAG. 9. To apply all AB 2766 grant monies which SANDAG receives from the CITY under this MOU in the total amount of $414,325, plus $565,904, or in an amount equal to the grant funds and additional contributions actually expended, whichever is less, for work on the PROJECT. UNDER THE HEADING "CITY AGREES" Para<lraDh Numbers 7 and 8 Shall be Amended to Instead Read as Follows: 7. To deposit with SANDAG, within 30 days of receiving a bill for anticipated grant expenditures, the amount of $218,147, which figure represents the estimated first six months of PROJ ECT expenses. Said amount shall be allocated to each grant based on the anticipated expenditures associated with each PROJECT component. 8. To pay SANDAG the remaining sum of $762,082 based upon SANDAG advanced quarterly billings, by grant, of estimated quarterly expenses within 30 days of being invoiced. Any increases due to fuel escalation charges shall result in an equal increase to the amount provided to SANDAG. UNDER THE HEADING "IT IS MUTUALLY AGREED" Para<lraDh Numbers 1. 4. S. B. 11. 14 and 19 Shall be Amended to Instead Read as Follows: 1. The total advance payments by the CITY to SANDAG are estimated to be $ 980,229. This amount includes the local funds from developers referred to in the Recitals ($ 565,904) and the APCD's AB2766 grant funds totaling $414,325. 4. SANDAG work on the PROJECT is subject to the availability of funds, and timely payments from CITY. Should funding be reduced or not available for PROJECT, SANDAG is not obligated to commit any resources toward the PROJECT until such time as funding is made available to SANDAG. Lf-L/? File Number 5000224 5. Fund requests and grant agreements for funding of the PROJECT will be the primary responsibility of CITY. Fund requests and grant applications for funding of any possible future phases of the PROJECT will also be the responsibility of CITY. 8. The transit operator contract shall be managed and administered by CITY's Department of Public Works. SANDAG's Transit Planning shall complete the route planning work required to initiate the Express Bus and Trolley Shuttle services. 11. Upon completion of all work for PROJECT, the financial incentives element, express bus service and trolley service may be discontinued, unless other sources of funding are identified by CITY. Any continued involvement by SANDAG in the ECVTEP after completion of PROJECT, will require an amendment to this MOU. "Completion of all work" for the purposes of this MOU is defined as lack of or discontinuance of funds or December 30, 2007, whichever occurs first. 14. The parties hereto agree to adhere to the PROJECT Scopes of Work (see Section I, item 3) which will be developed by SANDAG and approved by the CITY. The Scopes of Work shall be consistent with the grant agreements to be developed between CITY and the APCD. 19. This Agreement shall terminate on December 30, 2007, or when funding ceases to be available, whichever occurs first. CITY OF CHULA VISTA SANDAG ~/ "/.j By: L -l /Ct/JI/t (__-- ERIC C. PAHLKE Chief Deputy Executive Director By: DAVID D. ROWLANDS JR. City Manager Approved as to form: Approved as to form: By: Ann Moore, City Attorney 1-19 AGREEMENT FOR EAST CHUlA VISTA TDM PROJECT BETWEEN THE SAN DIEGO ASSOCIATION OF GOVERNMENTS AND THE CITY OF CHUlA VISTA THIS AGREEMENT is entered into as of this 1 st day of June, 2004, between the City of Chula Vista (hereinafter referred to as "CITY"), and the San Diego Association of Governments (hereinafter referred to as "SANDAG"), 401 B Street, Suite 800, San Diego, California. RECITALS The following recitals are a substantive part of this Agreement: 1. CITY has instituted the East Chula Vista Transportation Enhancement Program (ECVTEP) which has identified the need to implement a Transportation Demand Management (TOM) project aimed at residents in East Chula Vista. (See Attachment A - City of Chula Vista grant application.) 2. CITY desires to reduce peak-period congestion emanating from East Chula Vista by encouraging single-occupant vehicle commuters to use alternative commute modes such as carpooling, vanpooling, and riding transit. 3. CITY has determined the East Chula Vista TDM project will consist of three core elements: first, a financial incentive component that rewards commuters who regularly use an alternative to commuting alone to work; second, express bus service between East Chula Vista and downtown San Diego; and third, a shuttle service that runs between East Chula Vista and a San Diego Trolley station located in Chula Vista. 4. SANDAG manages and administers the region's ridesharing program, known as "RideLink," with many services designed to assist employers, employees, and students with identifying and using alternative ways to commute to work or school. 5. SANDAG and CITY, desire to enter into an Agreement for the development and implementation of East Chula Vista TDM Project, herein referred to as "PROJECT," which is focused on commuters who reside in East Chula Vista. 6. CITY has programmed $754,485 to develop, administer, and implement the TDM project from the sources next described. Local developers have committed $340,160 in private funds which will be deposited with the CITY. The remaining funds will come from three AB 2766 grants totaling $414,325, which was awarded to the CITY in March 2003 by the San Diego County Air Pollution Control District (APCD). 7. CITY desires that SANDAG provide overall planning, project management, administration, implementation and monitoring for the TDM project to bring about the earliest and most efficient implementation. 4-.50 . 8. CITY desires that SANDAG incur no upfront costs, and therefore is prepared to advance funds for PROJECT in advance of SANDAG costs. . 9. CITY desires to assist with PROJECT by providing marketing and outreach assistance to SANDAG through the course of the PROJECT. 10. CITY desires to assign to SANDAG the responsibility for and administration of AS 2766 grant funding awarded to Project by the APCD. 11. SANDAG is willing to act on CITY's behalf on the development, execution, and implementation of a funding agreement between SANDAG and the APCD which will describe the use of the AS 2766 grant funds which were awarded to CITY for the PROJECT. . 12. A Project Steering Committee, consisting of CITY staff and representatives of Developers that contributed to the ECVTEP, will guide the course of the PROJECT. 13. The parties hereto intend to define herein the terms and conditions under which the PROJECT is to be financed and performed. AGREEMENT SECTION I SANDAG AGREES: 1. To appoint a Project Manager who will be the main point of contact at SANDAG for the PROJECT and who will be responsible for the day-to-day activities of administering, implementing, and monitoring the PROJECT. 2. To conduct PROJECT in accordance with the Scopes of Work to be prepared by SANDAG and approved by CITY and the CITY's Steering Committee for the ECVTEP; by providing project management support, planning of transit services, the development and implementation of a financial incentives program, the development and implementation of a marketing program, and by collecting all required data and providing all necessary reports. 3. To prepare three agreements and scopes of work (SOW) between SANDAG and the APCD, with prior CITY approval, for the three AS 2766 grants concerning the work to be overseen by SANDAG as described in Recital 3 herein. 4. To hire the necessary consultant(s) to assist with PROJECT administration, implementation, and monitoring of the financial incentives, marketing, and data collection. 5. To allocate funds from the AS 2766 grants for the Express Bus and Express Shuttle as contracted by the CITY, and consistent with the SOW for project implementation. 6. To allocate funds from the AS 2766 grants to cover the cost of CITY staff as identified in the grant application. 7. To administer $414,325 in AB 2766 grant funds awarded by the APCD on behalf of CITY by overseeing the work described in Recital 3 herein. 8. To submit quarterly billing, separated by grant program, to CITY, in advance of costs incurred, to cover SANDAG costs for the PROJECT. SANDAG will prepare quarterly expenditure reports that 2 If-51 detail actual project expenditures. SANDAG will prepare a Final Expenciiture Report for CITY at PROJECT Closeout. The Final Expenditure Report will summarize PROJECT expenses including, all SANDAG costs, along with CITY payments to SANDAG, and APCD payments to SANDAG. 9. To apply all grant reimbursements received from the APCD AB 2766 grants to the PROJECT allocated by respective grant program in the total amount of $414,325 or that amount that equals grant funds actually expended, whichever is less. 10. To remit any residual funds to CITY along with the Final Expenditure Report. 11. SAN DAG Contacts: Ray Traynor, Program Manager 401 B Street, Suite 800 San Diego, CA 92101-4231 (619) 699-6945 Allison Richards-Evensen, Project Manager 401 B Street, Suite 800 San Diego, CA 92101-4231 (619) 699-1982 SECTION II CITY AGREES: 1. To advertise for and contract with a transit service operator to deliver commuter-based, peak congestion period, subscription-oriented Express Bus and Trolley Shuttle services. 2. To provide a qualified CITY Representative who shall have authority to administer and manage the transit service operator contract for work performed as a part of the scope of work for PROJECT. 3. To provide a qualified CITY Representative who shall have authority to accept or reject PROJECT work. 4. To apply for any necessary regulatory agency permits required for transit service operators in accordance with the regulatory agency gUidelines and any applicable standard permit procedures. 5. To assist SANDAG with public outreach and marketing of PROJECT. 6. CITY Contact: Dan Forster, Growth Management Coordinator City of Chula Vista Planning and Building Department Chula Vista, CA 91910 (619) 476-5348 7. To deposit with SANDAG within 30 days of receipt of billing of anticipated expenditures by grant the amount of $125,000, which figure represents the estimated first six months PROJECT expenses. 3 L/ -6"2 8. To pay SANDAG the remaining sum of $629,485 based upon 5ANDAG advanced quarterly billings by grant of estimated quarterly expenses within 30 days of being invoiced. 9. To set up four funds: one for each of the three grants in which the CITY will deposit an amount equal to each of the grants, and the fund for the private developer funds. Upon receipt of invoices from SANDAG, delineated by grant (program), a percentage of the funds will be pulled from the applicable grant fund and the matching percentage will be pulled from the developer fund. SECTION III IT IS MUTUALLY AGREED: 1. The total advance payments by the CITY to SANDAG are estimated to be $754,485. This amount includes the local funds from developers referred to in Recital 6, and is inclusive of the APCD's AB 2766 grant funds totaling $414,325. 2. All obligations of CITY under the terms of this Agreement are subject to and conditioned upon the appropriation of the resources by the CITY, and by the APCD. 3. The Final Expenditure Report will summarize all SANDAG expenses by grant, all CITY payments . received by SANDAG, and all APCD payments received by SANDAG. Any remaining funds held by SANDAG will be returned to CITY with the Final Expenditure Report. The Final Expenditure Report will be submitted to CITY within 90 days of PROJECT completion. 4. SANDAG work on the PROJECT is subject to the availability of funds, and timely payments from CITY and APCD. Should funding be reduced or not available for PROJECT, SANDAG is not obligated to commit any resources toward the PROJECT until such time as funding is made available to SANDAG. S. Fund requests and grant agreements for funding of the PROJECT will be the primary responsibility of SANDAG. Fund requests and grant applications for funding of any possible future phases of the PROJECT will be the responsibility of the CITY. 6. SANDAG has no source of funds available to make PROJECT payments in advance of funds being deposited by CITY. 7. A Project Development Team (PDT) will be formed with representatives from CITY, including SANDAG and others involved in the planning and implementation of the PROJECT. The PDT will resolve and come to consensus on any issues associated with the planning and implementation of PROJECT. 8. CITY shall utilize aforementioned transit operator contract for the Express Bus and Trolley Shuttle through City of Chula Vista Planning and Building Department. The transit operator contract shall be managed and administered by CITY's Department of Public Works. SANDAG's Transit Planning shall complete the route planning work required to initiate the Express Bus and Trolley Shuttle services. 9. The CITY will be responsible for coordinating the activities of the PROJECT Steering Committee. The PROJECT Steering Committee will provide guidance to the PDT regarding the implementation of the PROJECT. 4 lJ -53 10. In the performance of said work, said representatives of SANDAG and CITY will cooperate and consult with each other on a regular basis. 11. Upon completion of all work for PROJEa, the financial incentives element, express bus service and trolley service may be discontinued, unless other sources of funding are identified by CITY. Any continued involvement by SANDAG in the ECVTEP after completion of PROJECT will require an amendment to this agreement. "Completion of all work" for the purposes of this agreement is defined by lack of or discontinuance of funds or December 30, 2006, whichever occurs first. 12. Upon completion of all work for PROJECT, ownership and title to all data, studies, reports, plans, and permits will automatically be vested in CITY. No further agreement will be necessary to transfer ownership to CITY. 13. The CITY may cease implementation of a portion of the PROJEa. Upon such cessation, the parties would take appropriate action to notify the APCD of the discontinuance. 14. The parties hereto agree to adhere to the PROJECT Scope of Work, as previously referenced in Section 1 item 3, consistent with the agreements to be developed between SANDAG and the APCD. 15. Nothing in the provisions of this Agreement is intended to create duties or obligations to or rights in third parties to this Agreement or affect the legal liability of either party to the Agreement. There are no other parties to this Agreement, express or implied, direct or indirect. CITY and SANDAG acknowledge that it is not their intention to create any third-party beneficiaries to this Agreement. 16. Neither CITY nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, SANDAG shall fully defend, indemnify and save harmless CITY, all officers and employees from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by SANDAG under or in connection with any work, authority, or jurisdiction delegated to SANDAG under this Agreement. 17. Neither SANDAG nor any officer or employee thereof is responsible for any damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. It is understood and agreed that, pursuant to Government Code Section 895.4, CITY shall fully defend, indemnify and save harmless SANDAG, and all of its officers and employees, from all claims, suits or actions of every name, kind and description brought for or on account of injury (as defined in Government Code Section 810.8) occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority, or jurisdiction delegated to CITY under this Agreement. 18. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by the parties hereto, and no oral understanding or agreement not incorporated herein shall be binding on any of the parties hereto. The CITY may, at its sole discretion, terminate the PROJEa or any portion thereof upon 90 days written notice to SANDAG of its intent to do so. 5'-1-61 19. This Agreement shall terminate on December 30, 2006, or when funding ceases to be available, whichever occurs first. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date written above. SAN DIEGO ASSOCIATION OF GOVERNMENTS CITY OF CHULA VISTA f/Wjjplir~ Exe~~t~~~~i~~~~~S /~................ {2J2 '" ..... ," .....0 .. ..... .A~4J . . ;,:",;,,'~-:':-:.' , ~. .'. .. . . " David D. Rowlands Jr. :-:-:-: -: -: -: -:-: City Manager ........ . ........ . ....... . ....... - ".. . . . . ....... . APPROVED AS TO FORM: APPROVED AS TO FORM: , ~'(.~ Ann Moore, City Attorney 64_55 ATTACHMENT B 4.- '5G. ~ )~- f .:~>:-':>>~;~::~::' -J R \ County of San Diego . .,.::.~;:::: .-.--....,~:. ......., .:::::::::;:i::: :-;':-:':';''''. .:..-..:..-..:~-;.:.:.' .......,..,...... San Diego 1-- - 'L M~ l-L ......:.:...>;.~:.:<.,' ... .. ~." ..,. ::~ . . ",,- ...... ..-.-.................,.:.:.:..-..:.;..-;-:.;.;-;-..:...'--" ...",:<; ".W' -( .. City of Chula Vista Commuter Express Chula Vista TDM Program Shuttle Bus L/-07 Stops ... . ATTACHMENT C 1./-58' i ~ , . ~ 00 . " " ~ ~ ~ ~ ~ 6 < m ~ m 6 o ~ I " 9 g ~ < ~ " " .- m ~ ~ ~ - . " '" if -51 3 . ;>. ~ I ,." . 01 'S ~ c ~ ,.. ~~ 88 ::j " ~ " ::;~ ~ ~ '" ~ ~" ~ ~ ~ "" ~~ ~~~ ':...I~(,. t~ NO 00 ~ ~ t ~ ~" ~ '" 0: ~ ~ ~ ~- '" ~ '" ~ ~ ~ ;g ~ ~ ~ " ~ ~ ~ ~ - !:jN ~ '" ~ ;;; ~ ~ ~ 0:0- p- . tv '" ~ ~ .. ~ o ~ ,. t;i- ~tv ~ ~ '" ~ g: Q ~ .~ ~ on...:..... 0- croC.C",c.>N ~~~~~~ o ~ . . .. ~ ~ 3 [ t:- ~ ~ ~N ~ ~- ~!'-' '" ~ _~.g.N ~- ~ ON 01 ~ ~ ~ ~ 0.- ~ 8tv g: ;;-0 CD NNN......... .......c!i:.....c.. .....I!S..... 0 ;; ;:;::- NUI_OU. ':...I" -.....'"-0. ;;:g: II,.. O~~ ~ ~ ~ Q.- ~ 'NO> ~ ~ ~~ ~ ...NN-.... c."o.-.....c. ~ ~ ~ ~ 8N g:" 8:- t:. ';";'01 ~ ~~ ~ ()<oI'\)N-..... 0.'0- ....... ~~ ~ i:",,,,~ -:..- - 0. ~_ t:_ CS:OUlo.UI ~'8~n o ~ . i! .. , . .. ~ ~ 2' ~ ~ ~ 5 ~ ~ ~ a a ;!!g' Q.3~Q::;:ID~~a. ~ O'oO-o3,ID(I)~a( ID ~:;)... <=:=:Q.3 ~" ~ ;; ~ 1; -, ./r 7~'ii' a. (II ;:" _ () <: Q ~~ ~~a ~=? IDID ;;r (1),' g :I: '" 0' 3::1' Ft 0 .. CD =t, g. ~ ~:?i! ::I, ~" " ~ "" ,.. ,. ~ ~ ~9' ~~~Ut =~ := O~ ~8: ~- - O~ . 0.' (.> ~ ~ ~ ~~ . tv@- ~ !'J ~:>- ~ tv 8 :::0-(..1 !'Jf;; -"-> . iv- 0.' ~~ wi-:!go: ~ -0.0:..> N..... %N@-- ~ " ~ c:g:~ ;:;;~.....~~o ~~~8~~~~~~ i '4 "- o ~ - " < m: ~ o " ~ .8 . 3 ~ .. ~ ~ m COUNTY OF SAN DIEGO Am POLLUTION CONTROL BOARD WEDNESDAY, MARCH 12, 2003 MINUTE ORDER NO. 1 SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (DISTRICT: ALL) OVERVIEW: This is a request to approve the 2002-03 Vehicle Registration Funding Allocation Plan (plan) and to appropriate $7,639,415 in funding to implement the Plan. The Air Pollution Control Air Quality Improvement Trust Fund receives vehicle registration funds of $2 per vehicle from on-road motor vehicles registered within the Air Pollution Control District (District), providing approximate annual revenues of$4.3 million, which is allocated biennially to projects that reduce motor vehicle emissions and to the District for related planning, monitoring, enforcement, and technical studies necessary for California Clean Air Act implementation. As of July 1,2002, $7,670,415 was available to fund the 2002-03 Plan, including $4,423,815 from the Air Quality Improvement Trust Fund and $3,246,600 from unrelated Power Generator Mitigation Fee funds ($3,171,400 for North County projects and $75,200 for South Bay school district projects). The Plan recommends funding for 52 emission reduction projects and one public education and outreach project. These 52 projects will remove approximately 1,081 tons of oxides of nitrogen and volatile organic compound (ozone precursors) emissions from the air over the life of the projects. Thirty-eight of these projects that reduce direct tailpipe emissions will also remove 82 tons of toxic diesel particulate matter. The Plan includes tables describing program funding, project funding requested, recommended funding allocations, cost-effectiveness, tons of emissions reduced, and total points and ranking for each project pursuant to Board-approved criteria (4/24/96 APCB #2). This is also a request to authorize the Air Pollution Control Officer to negotiate scopes of work, contracts, and payment schedules with project proponents and, if necessary, reallocate funding to other cost-effective projects if any projects approved for funding become ineligible or withdraw from the program. According to a current Memorandum of Understanding, the Plan was forwarded to the San Diego Association of Governrnents for review and comment. The Board has previously agreed (10/25/00 APCB #2) to give substantial weight to those comments when approving the Plan. The proposed comments indicate support of the 2002-03 Plan. A workshop was held January 13, 2003, and no major Issues were raised regarding funding recommendations. FISCAL IMPACT: Funds for this request are not budgeted. The funding sources are the Air Quality Improvement Trust fund balance and the Power Generator Mitigation Fee fund balance. If approved, this request will result in $7,639,415 current-year costs, no annual costs, and no additional staff years. Funding is $4,423,815 from the Air Quality Improvement Trust and $3,215,600 from the Power Generator /12/03 I.ir Pollution Control Board I 4-GO Mitigation Fee fund. Of the $7,639,415 total, $7,477 ,700 is for emission reduction projects/contracts and $161,715 for a public educ!ltion and outreach project. Approximately $31,000 of Power Generator Mitigation Fee funds will remain unallocated because $75,200 is specifically for South Bay school districts and only one $44,200 project was submitted. RECOMMENDATION: AIR POLLUTION CONTROL OFFICER 1. Consider and weigh San Diego Association of Govemments' comments on the 2002-03 Vehicle Registration Funding Allocation Plan. 2. Approve the 2002-03 Vehicle Registration Funding Allocation Plan projects totaling $7,639,415, including $7,477,700 for emission reduction projects and $161,715 for a public education and outreach project. 3. Establish appropriations of$4,423,815 in the Air Quality Improvement Trust fund for emission reduction projects and a public education" and outreach project based on fund balance from prior- year revenues. (4 VOTES) 4. Establish appropriations of$3,215,600 in the Power Generator Mitigation Fee fund for emission reduction projects based on fund balance from mitigation fees paid by power plants during the energy crisis. (4 VOTES) 5. Authorize the Purchasing and Contracting Director, in accordance with Article XXIII, Section 401 of the Administrative Code, to award contracts for approved emission reduction and public education and outreach projects, subject to negotiations and approval of the Air Pollution Control Officer, for a base period of up to five years, with two one-year options. 6. Authorize the Air Pollution Control Officer to reallocate funding to unfunded cost-effective projects if a project approved by this action becomes ineligible or withdraws from the program. ACTION: ON MOTION of Member Roberts, seconded by Member Horn, the Air Pollution Control Board took action as recommended, on Consent. AYES: Cox, Jacob, Slater, Roberts, Horn State of California) County of San Diego )SS I hereby certify that the foregoing is a full, true and correct copy of the Original entered in the Minutes of the Air Pollution Control Board. " THOMAS J. PASTUSZKA Clerk of the Air Pollution Control Board ~~"~ By ~/03 Pollution Control Board L/ -0/ '. 2 'C.;ERK. OF't''''-E aoMm 5} - DEPARTMEN11S) 5} . FlNANce DIRECTOR{S} REQUEST APPROPRU((1ON Of UNANTICtPATEDlOVERREALIZED REVENUE REQUEST FUR CANCEl..LATIOI'i OF APPROPRlAl1ON5IEST1MATED REVENUE OTHER CSPECIF'f) Appropriation of available fund balance o o IT] - USE BLUE INK ONLY- ORIGINATING UNIT Air Ponution Control District (8819) DAlE 3/1212003 REASON(S) FOR REQUEST: Appropriate fund balance for 2002-03 Vehicle Registration funding j)Jlocation Plan projects. , IRANSFER TO" DEPT Air Pollution Control District NAMEIT~~~ UNDAFDX ~SFERFRDM"'DEPT NAMElTITLE (Sigrr.mrre of Department Head or Designee) I TRANSFER APPROPRIATIONS FROM.Q.B. BUDGET OVERRREAUZED I UNANTICIPATED REVENUE DR CANCEL APPROPRIATJDN$ FUND ORG. ACCOUNT TASK OPTION ACTMTY ACCOUNT DESCRIPT10N AMOUNT 285002 8819 0780 Fund Balanc;e $ 4,423,815 , TOTAL- $ 4,423,815 TRANSFER APPROPRIATIONS TO OR ESTABLISH APPROPRIATIONS .QR CANCEL REVENUE FUND ORG_ ACCOUNT TASK OPTION ACTIVITY ACCOUNT DESCRIPTION AMOUNT 285002 881'J 3453 RR Conbibutfon to other Agencies $ 4,423,815 TOTAL" $ 4,423,815 ,- NOTE: TQIaIs mllSt be BqUOlI ~nd funds must bB IhB 53mB.. GROUP FINANCE DIRECTOR(S} Qualifies for Auditor & Controller final approval pursuant to Administrative Manual Policy #0030-10. YES 0 NoD APPROVED: YES D NO 0 G o AUDITOR AND CONTROLLER Appropriations a~ available BOARD ACTION DATE NO 0 %-.~ DATE NO 0 Ummth:ipated revenue wiU be eamed ur'lder contractfgl'ilnt II G ~enueavailablefromfund # ;J...15"o~ IT" Ovel'Tealized revenue has been recorded o Appropriation contingent upon o Approved andlor authorized by the Board of Supervisors of the County of San Diego. Da'", 8-/.,;(-03 Minute Order No. / APt' A FINANCE DIRECTOR Appropriations and revenue are available for cancellation as r!!'quested. Clerk of the Board of Supervisors By' ~~ /ll~(!{f L Deputy Clerk --.-----.-.------------. FINANCE DIRECTOR APPROVED; YES D (CBO ! -- Auditor Approval Only Board ~proval Required # of Votes .............................. FINANCE DIRECTOR DATE 'I :::~:e~.~~..;J)jf!L~ Title r rrv d<.J;ib!O 1 , , Date c==JSRASS FORMS ATTACHED ODE SEC. 29125-29127 & 29130 -'.CBO signature does nol constitute Auditor approval. FOJTn must be sigfled by Office of Financial PlannIng. 7 -62- -----------....-..-........... L-J D o 'D'EPARnAENT\S) .RNANCEDmECTOR~) REQUEST FOR CANCEUATlON OF APPROPRlATIONSIES'T1MATED REVENUE 011iER (SPECIFY) Appropriate Fund Balance REASON{S) FOR REQUEST: ORIGINATING UNIT Air Pollution Control District - USE BLUE INK ONLY - DATE 3/1212003 Appropriates fund balance for Vehicle Registration Funding Allocation Plan projects. '"TRANSFER FROM'" DEPT ~AA::-# ( Is of Department Head ign UN ox, Chief, PJr ...."uII Control NAMElTJTl.E (Signature of Department Head 01" Designee) TRANSFER APPROPRIATIONS FROM OR BUDGET OVERRREAUZED 1 UNNITICIPATED REVENUE OR CANCEL APPROPRIATIONS FUND ORG. ACCOUNT TASK OPTION ACTMTY ACCOUNT DESCRIPTION AMOUNT 285004 8821 0780 Mitigation Fee Revenue $ 3,215,600 TOTAL- $ 3,215,600 I TRANSFER APPROPR[ATIONS TO OR ESTABLISH APPROPRIATIONS QE CANCEL REVENUE r FUND ORG. ACCOUNT TASK OPTION ACTMTY ACC':>UNT DESCRIPTION AMOUNT 285004 8821 3453 Contribution to other Agencies $ 3,215,600 TOTAL - $ 3,215,600 . .- NOTE: Tobls rnuslbo equal and funds must b. thv samo... {CBO I...... Auditor Approvai Only Board Approval Required ............ .~~f.::t~:... .1.. A"dito,'sNo. . ,~t~I/~ Name :z,~__~ HI. f{', () O.t. ~/;( &,1173 ......CBO signature does not constitute Audilor approval. Form must be signed by Office of Financial Planning. ;ROUP FINANCE DtRECTORrS) lalifies for Auditor & Controller final proval pUl"suant to Administrative Inual Policy #0030-10. YE5 0 NoD PROVED: YES D NO 0 NANCE DIREC"TOR DATE t?4ES2:f NO , ~~ o 7f~3 NANCE DIRECTOR 'ROVED: YES 0 DATE NO o . -lANCE DIRECTOR DATE : SEC. 29125-29127 & 29130 AUDITOR AND CONTROLLER BOARD ACTION o o Appropriations are available Unanticipated revenue will be earned Approved and/or authorized by the Board of Supervisors of the County of San Diego. O.t.,,3 - /<l - 03 Minute Order No. / /lpc!!J under contract/grant II W Revenueavailablefr-omrund , 2R5oo'l o Overrealized revenue has been recorded o o Appropriation contingent upon Clerl< of the Board of Supervisors By, #~/l?~~ Appropriations and revenue are available for cancellation as requested. -.---------,--- Deputy CJerk -_..---- ~ .. . ~ . .. . . ~. . . . . ~. . ." . .. . .. . . . DaRASs FORMS ATTACI-IEO l/-03 Air Pollution Control Board All PIU.D1IIN ~ IISTIICT COUNTY OF SAW DIEGO Greg Cox Dianne Jacob Pam Slater Ron Roberts Bill Horn District] District 2 District 3 District 4 District 5 DATE: March 12,2003 TO: San Diego County Air Pollution Control Board SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) SUMMARY: Overview This is a request to approve the 2002-03 Vehicle Registration Funding Allocation Plan (plan) and to appropriate $7,639,415 in funding to implement the Plan. The Air Pollution Control Air Quality Improvement Trust Fund receives vehicle registration funds of $2 per vehicle trom on-road motor vehicj"s registered within the Air Pollution Control District (District), providing approximate annual revenues of $4.3 million, which is allocated biennially to projects that reduce motor vehicle emissions and to the District for related planning, monitoring, enforcement, and technical studies necessary for California Clean Air Act implementation. As of July I, 2002, $7,670,415 was available to fund the 2002-03 Plan, including $4,423,815 trom the Air Quality Improvement Trust Fund and $3,246,600 trom umelated Power Generator Mitigation Fee funds ($3,171,400 for North County projects and $75,200 for South Bay school district projects). The Plan recommends funding for 52 emission reduction projects and one public education and outreach project. These 52 projects will remove approximately 1,081 tons of oxides of nitrogen and volatile organic compound (ozone precursors) emissions trom the air over the life of the projects. Thirty-eight of these projects that reduce direct tailpipe emissions will also remove 82 tons of toxic diesel particulate matter. The Plan includes tables describing program funding, project funding requested, recommended funding allocations, cost-effectiveness, tons of emissions reduced, and total points and ranking for each project pursuant to Board-approved criteria (4/24/96 APCB #2). This is also a request to authorize the Air Pollution Control Officer to negotiate scopes of work, contracts, and payment schedules with project proponents and, if necessary, reallocate funding to other cost-effective projects if any projects approved for funding become ineligible or withdraw trom the program. According to a current Memorandum of Understanding, the Plan was forwarded to the San Diego Association of Governments for review and comment. The Board has previously agreed (10/25/00 APCB #2) to give substantial weight to those comments 9150 Chesapeake Drive - San Diego - California 92123-1096 - (858) 650-4700 FAX (858) 650-4659 - Smoking Vehicle Hotline 1-800-28-SMOKE Lf - ("if SUBJECT: 2002-03 VElllCLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) when approving the PlaIh The proposed comments indicate support of the 2002-03 Plan. A workshop was held January 13, 2003, and no major issues were raised regarding funding recommendations. Recommendation(s) AIR POLLUTION CONTROL OFFICER 1. Consider and weigh San Diego Association of Governments' comments on the 2002-03 Vehicle Registration Funding Allocation Plan. 2. Approve the 2002-03 Vehicle Registration Funding Allocation Plan projects totaling $7,639,415, including $7,477,700 for emission reduction projects and $161,715 for a public education and outreach project. 3. Establish appropriations of$4,423,815 in the Air Quality Improvement Trust fund for emission reduction projects and a public education and outreach project based on fund balance II-om prior-year revenues. (4 VOTES) 4. Establish appropriations of $3,215,600 in the Power Generator Mitigation Fee fund for emission reduction projects based on fund balance II-om mitigation fees paid by power plants during the energy crisis. (4 VOTES) -< < ; ,.:"j;i.;.-.> .... ,< ~ > . -. ~,.'., < 5. Authorize the Purchasing and Contracting Director, in accordance with" Article XXli, Section 40 I of the Administrative Code, to award contracts for approved emission reduction and public education and outreach projects, subject to negotiations and approval of the Air Pollution Control Officer, for a base period of up to five years, with two one-year options. 6. Authorize the Air Pollution Control Officer to reallocate funding to unfunded cost- effective projects if a project approved by this action becomes ineligible or withdraws II-om the program. Fiscal Impact Funds for this request are not budgeted. The funding sources are the Air Quality Improvement Trust fund balance and the Power Generator Mitigation Fee fund balance. If approved, this request will result in $7,639,415 current-year costs, no annual costs, and no additional staff years. Funding is $4,423,815 II-om the Air Quality Improvement Trust and $3,215,600 II-om the Power Generator Mitigation Fee fund. Of the $7,639,415 total, $7,477,700 is for emission reduction projects/contracts and $161,715 for a public education and outreach project. Approximately $31,000 of Power Generator Mitigation Fee funds will remain unallocated because $75,200 is specifically for South Bay school districts and only one $44,200 project was submitted. Business Impact Statement - 2- Lf-h~ , . SUBJECT: 2002-03 VEIDCLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) N/A Advisory Board Statement N/A BACKGROUND: Strategic Initiatives TIlls proposal is in alignment with the Enviromnent Initiative of the County's Strategic Plan because it reduces 1,163 tons of pollutants from the air, helping the District carry out its mission to protect the public from the harmful effects of air pollution, achieve and maintain air quality standards, and meet federal and state mandates. In addition, it aligns with the initiative to protect kids and provide safe and livable communities by funding projects that reduce unhealthy emissions and by funding public education and outreach projects that will educate thousands of schoolchildren and raise awareness of the driving public on ways to reduce pollution and improve the air we breathe. Mitigation Fee Revenue from Power Generation Mitigation Fees were paid by power generating plants for excess emissions from operations during the state energy crisis. Approximately $6 million was previously approved for School Bus program projects and $1 million for Moyer program projects, leaving $3,171,400 for this allocation from mitigation fees (plus interest) paid by the Cabrillo (Encina) plant for North County projects and $75,200 from fees paid by the Duke Energy (South Bay) plant for South Bay school districts' projects. After this allocation, approximately $31,000 will remain for South Bay school districts' projects. This remainder plus future interest earned will remain in the mitigation fund for future allocations. The following chart shows projects recommended for funding. - 3- Lf-b0 SUBJECT: 2002-03 VElllCLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) CATEGORY I Applicant Project Description Funding Recommended Reouest Fundin9 North County Transit District Pun:base 30 CNG-Powered Buses $750,000 $750,000 Perry & Shaw lnc Repower CAT 824C Tractor 1983 $32,335 $32,335 City of San Diego Repower \8 Crane Camers Refuse Trucks - 1996 $576,000 $576,000 Perry & Shaw Ine Repower International Truck S 190 1988 5 I 4,085 $14,085 City of San Diego Repower \7 Crane Carriers Refuse Trucks - \995 $544,000 $544,000 E L Yeager Construction RepowerWheel Scraper CAT 633D 1982 536,471 $36,471 Bill Signs Trucking Repower Peterbuilt 359 \985 519,895 519,895 Ryerson. Master & Associates Repower 13 Self-Propelled Lift-Equipment $428,600 $428,600 E L Yeager Construction Repower Wheel Scraper CAT 633D \982 $6\,72\ $61,72\ E L Yeager Construction Repower Wheel Loader CAT 992C 19&4 $78,359 $78,359 E L Yeager Construction Repower Tractor CAT 773B \981 $78,359 $78,359 E L Yeager Construction Repower Tractor CAT 773B 1987 $78,359 $78,359 E L Yeager Construction Repower Tractor CAT 773B \987 $78,359 $78,359 Perry & Shaw lnc Repower CAT 966E Loader 1988 $14,049 514,049 E L Yeager Construction Repower Track-Type Tractor CAT D9L t 982 $73,207 573,207 Bill Signs Trucking Repower Peterhuilt 359 1989 $54,600 $54,600 E L Yeager Construction Repower Track-Type Tractor CAT D9L 1987 573,201 $13,207 E L Yeager Construction Repower Track-Type Tractor CAT D9L 1984 573,207 $73,207 Ryerson, Master & Associates Repower 14 Self-Propelled Lift Equipment $249,200 $249,200 E L Yeager Construction Repower Track-Type Tractor CAT D8L 1984 $65,177 $65,177 SD Environmenral Foundation Purchase CNG- Powered Bus for Student Transport to RTC $\43,000 $\43,000 Valley Heights Ranch Repower Lift Truck with Low-Emission Engine $10,725 $10,725 Perry & Shaw Inc Repower CAT D I 0 Tractor 1986 $73,208 $73,208 Perry & Shaw Inc RepowerCAT DIO Tractor 1990 $73,208 $73,208 Witman Ranch Repower Stradd1e Lift with Low-Emission Engine $9,615 $9,675 E L Yeager Construction Repower Tractor CAT 172B 1990 $78,359 $18,359 E L Yeager Construction Repower Tractor CAT 172B 1990 $78,359 $18,359 E L Yeager Construction Repower Track-Type Tractor CAT D I ON 1988 $73,208 $73,208 E L Yeager Construction Repower Track-Type Tractor CAT D 1 ON 1988 $73,208 573,208 Pacific Independent Equipment Repower Wheel Scraper CAT 657E 1988 $134,295 $134,295 Pacific Independent Equipment Repower Wheel Scraper CAT 657E 1989 $134,295 $134,295 Pacific Independent Equipment Repower Wheel Scraper CAT 657E 19&9 $134,295 $134,295 W R Connelly 1nc Repower Scraper CAT 675E 1995 $134,295 $134,295 W R Connelly Inc Repower Scraper CAT 675E 1995 $134,295 $134,295 W R Connelly Ine Repower Scraper CAT 675E 1996 $134,295 $134,295 W R Connelly Inc Repower Scraper CAT 675E 1996 $134,295 $134,295 W R Connelly Ine Repower Scraper CAT 675E 1996 $134,295 $134,295 South Bav Union School District Purchase CNG-Powered Bus $44,220 $44,220 SUB-TOTAL CATEGORY I PROJECTS: $5,11 0,720 $5,110,720 CATEGORY 2 SANDAG San Diego Regional Vanpool $344,000 $344,000 Friendship Transportation Commuter Srve - Temecula-Oceanside Transit Center $422,356 $105,589 ENRG/Greater SD Transportation Purchase 20 CNG-Powered Vans for Airport Shuttle Service $185,000 $185,000 Friendship Transportation Commuter Srve - Temecula San Diego Commuter Service $1,478,246 $211,178 City ofChuIa Vista Transportation Demand Management - Financial Incentives $222,498 $222,498 Friendship Transportation Commuter Service - Old Town Transit Or-Linda Vista $411,890 582,278 MTDB / NCTD Rail Connection - Sorrento Valley Coaster Connection $552,000 $552,000 City of Chula Vista Commuter Srvc - Express Bus Chula Vista to Downtown $134,927 $134,927 City ofChula Vista Commuter Srvc - Express Shuttle Chula Vista to Trolley $56,900 $56,900 Friendship Transportation Rail Connection - Kearny Mesa COASTER Connection $418,500 $82,378 MTDB Commuter Srvc - Reverse Commute Bus Express Service $100,000 $100,000 MTDB Purchase CNG-Bus for Chula Vista Nature Cntr Shuttle $135,000 $135,000 NCTD Commuter Srvc - Vista Business Park Employee Shuttle $160,000 $111,732 MTDB/SANDAG Commuter Srvc - Guaranteed Ride Home ProlITam $43,500 $43,500 SUB-TOTAL CATEGORY 2 PROJECTS: $4,664,811 $2,366,980 GRAND TOTAL: $9,775,537 $1,477,100 EMISSION REDUCTION PROJECTS RECOMMENDED -4- tf-4: 7 SUBJECT: 2002-03 VElllCLE REGISTRATION FUNDING ALLOCATION PLAN (District: AIl) ~;:Db~J~ , ROBERT R COPPER Deputy Chief Administrative Officer RICHARD J. SMITII Air Pollution Control Officer Attachm~nts A. 2002-03 Vehicle Registration Funding Allocation Plan Table I - 2002-03 Vehicle Registration Allocation Plan Funding Plan Table 2 - Emission Reduction Projects Recommended Table 3 - Emission Reduction Projects Evaluated B. Memorandum of Understanding between the AirPollution Control Board and San Diego Association of Govemments (I 0/25/00 revision), C. San Diego Association of Govemments' Comments D. Workshop Report - 5- '-1-&6 SUBJECT: ~ 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) . AGENDA ITEM INFORMATION SHEET CONCURRENCE(S) COUNTY COUNSEL REVIEW Written disclosure per County Charter Section 1000.1 required [X] Yes [] Yes [X] Yes [X] Yes [X] Yes GROUP/AGENCY F1NANCE DIRECTOR CHIEF FINANCIAL OFF1CER Requires Four Votes GROUP/AGENCY INFORMATION TECHNOLOGY DIRECTOR [] Yes [] Yes [] Yes CHIEF TECHNOLOGY OFF1CER DEPARTMENT OF HUMAN RESOURCES Other Concurrence(s): Purchasing and Contracting Department [X] No [] N/A [] N/ A [] No [X]N/A [X]N/A [X]N/A ORIGINATING DEPARTMENT: Air Pollution Control District, County or San Diego CONTACT PERSON(S): Richard J. Smith Name (858) 650-4500 Phone (858) 650-4657 Fax 0176 Mail Station Richard.Smith@sdcounty.ca.gov E-mail AUTHORIZED REPRESENTATIVE: Richard J. Smith, Air Pollution Control Officer 11-61 >>. SUBJECT: 2002-03 VElllCLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) AGENDA 'ITEM INFORMATION SHEET (continued) PREVIOUS RELEVANT BOARD ACTIONS: December 12, 2001 (APCB #1), Combined Funds Emission Reduction Proposal; May 23, 2001 (APCB #3), Vebicle Registration Funding Allocation Plan Issues; April 25, 2001 (APCB #3), FY 2000-01 Vehicle Registration Funding Plan; October 25, 2000 (APCB #2), Revised Memorandum of Understanding with SANDAG for Allocating Vehicle Registration Fees; April 24,1996 (APCB #2), Vehicle Registration-Funded Project Evaluation Criteria. BOARD POLICIES APPLICABLE: N/A BOARD POLICY STATEMENTS: N/A CONTRACT NUMBER(S): N/A - ~."""1 ..~" tf-70 SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) FISCAL IMPACT STATEMENT DEPARTMENT: Air Pollution Control District PROGRAM: Mobile Source Emission Reduction PROPOSAL: 2002-03 Vehicle Registration Allocation Funding Plan (Fund No. 285002) Direct Cost (a) (b) (c) Proposed Proposed Budgeted Change Revised Amount in Budgeted Current Year For Proposal Amount Budget (a+b) $4,423,815 $4,423,815 $4,423,815 $4,423,815 FUTURE YEARS ESTIMATED BUDGET OF PROPOSAL IF ADOPTED (d) (ej 1st Subsequent Year 2nd Subsequent Year RevenuelOther Offset NET GENERAL FUND COST o o o o Staff Years o o o o Sources of Revenue/Other Offset for Proposed Change and Subsequent Years: Air Quality Improvement Trust fund $4,423,815 $4,423,815 balance. Space-Related Impacts: Will this proposal result in any additional space requirements? [] Yes [X] N/A SupporUOther Departmental Impacts: [] Yes [Xl NI A Remarks: [Xl Yes [] N/A Funds for this request are not budgeted. The funding source is the Air Quality Improvement Trust fund balance. If approved, this request will result in $4,423,815 current-year costs, no annual costs, and no additional staff years. The recommended actioos will appropriate $4,262,100 !Tom the Air Quality Improvement Trust fund balance for emission reduction projects ranked according to Board-approved criteria, which is weighted heavily toward cost- effectiveness, and $161,715 for a public education and outreach project. Appropriating and allocating these funds win have no impact on District operations. There is no net County cost associated with this action. '1-7/ '.. , SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: Ail) FISCAL IMPACT STATEMENT DEPARTMENT: PROGRAM: PROPOSAL: Air Pollution Control District Mobile Source Emission Reduction 2002-03 Vehicle Registration Allocation Funding Plan (Fund No. 285004) NET GENERAL FUND COST FUTURE YEARS ESTIMATED BUDGET OF PROPOSAL IF ADOPTED (a) (b) (c) (d) (e) Proposed Proposed Budgeted Change Revised 1st 2nd Amount in Budgeted Current Year Subsequent Subsequent For Proposal Amount Budget (a+b) Year Year 0 $3,215,600 $3,215,600 0 $3,215,600 $3,215,600 0 0 0 0 0 0 0 0 Direct Cost Revenue/Other Offset Staff Years Sources ofRevenuelOther Offset for Proposed Change and Subsequent Years: Mitigation Fee fund balance $3,215,600 Space-Related Impacts: Will this proposal result in any additional space requirements? [] Yes [X] N/A Support/Other Departmental Impacts: [] Yes [X] N/ A Remarks: [XI Yes [] N/A Funds for this request are not budgeted. The funding source is the Power Generator Mitigation Fee fund balance. If approved, this request will result in $3,215,600 current-year costs, no annual costs, and no additional staff years. Tbe recommended action will appropriate and allocate $3,215,600 to emission reduction projects ranked according to Board-approved criteria. which is weighted heavily toward cost-effectiveness. By the terms of the mitigation fee agreements, $3,171,400 is available for North County projects and $75,200 for the South Bay school districts' projects. Only one South Bay school district submitted a project for $44,200, so $31,000 remains for future allocation. A toral of $9,961,850 in mitigation funds was coIlected in fiscal years 2000-01 and 2001-02 for emission reduction projects to offset excess emissions ITam power plants during California's energy crisis. Subsequently, approximately $6 miIJian was allocated to replace older diesel school buses and retrofit newer diesel huses to reduce harmful emissions, and $1 million was allocated for Moyer projects to replace or repower heavy-duty diesel engines with cleaner engines. With approval of this allocation, more than $10 miIlion in mitigation fees plus earned interest has been allocated. Approximately $31,000 remains far South Bay school districts' projects. Appropriating and allocating these funds wiIl have no impact on District operations. There is no net County cost associated with this action. L/- 72 THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL /1z~ Ann Moore City Attorney Dated: 9 )S- / D.s- 2002/2003 Vehicle R'egistration Fund Grant Contract with the City ofChula Vista Commuter Service Program Chula Vista Express Bus to Downtown San Diego 1/ '7-> f -' .5 AIT-1LttMEPTf 2002/2003 VEHICLE REGISTRATION FUND GRANT CONTRACT WITH CITY OF CHULA VISTA COMMUTER SERVICE PROGRAM- CHULA VISTA EXPRESS BUS TO DOWNTOWN SAN DIEGO Contract No. THIS AGREEMENT is made and entered into this _ day of , 2005, by and between the San Diego County Air Pollution Control District, a special district existing by virtue of the laws of the State of California, hereinafter called "APCD," and City of Chula Vista, a municipal corporation existing under the laws of State of California, with a business address of Planning & Building Department, 276 Fourth Avenue, Chula Vista, CA 91910, hereinafter called "CONTRACTOR." R E C IT A L S: WHEREAS, the APCD BOARD, by its action on March 12, 2003, (APCD Minute Order No.1), approved the 2002/2003 VehicJe Registration Funding Allocation that included the CONTRACTOR's Commuter Service Program - Chula Vista Express Bus to Downtown San Diego ("the Project"), and authorized the Director of Purchasing and Contracting, pursuant to g401 of ArticJe XXIII of the San Diego County Administrative Code, to negotiate a grant service contract; and WHEREAS, APCD desires such services to be provided in accordance with the CONTRACTOR's Scope of Work dated June 29, 2005, attached hereto as Exhibit A, and whereas the CONTRACTOR agrees to provide the services subject to the following additional conditions; and WHEREAS, CONTRACTOR possess certain skills, experience, education, and competency to perform special and/or acquire the required services. NOW THEREFORE, in consideration of the promises, and mutual covenants and agreements herein contained, it is agreed as follows: PART I. STANDARD TERMS & CONDITIONS 1. TERM OF AGREEMENT The term of this Agreement shall commence effective on the date of this Agreement, and continue for three (3) years following the final payment to CONTRACTOR under the terms of this Agreement during which time CONTRACTOR shall provide services described herein. I '1 '-f - /If' APCD understands that CONTRACTOR may terminate this agreement for convenience pursuant to Paragraph 7; and in any event, shall have no duty to continue the Project two years after it begins or after all grant funds have been expended (whichever occurs first). . 2. DEFINITIONS 2.1 "County" shall mean the County of San Diego and shall be used interchangeably with APCD. 2.2 "APCD" shall mean the Air Pollution Control District and shall be used interchangeably with the County of San Diego. 2.3 "CONTRACTOR" shall mean City of Chula Vista. 2.4 "Contracting Officer" shall mean the Director, San Diego County Purchasing & Contracting Department or his designate. 2.5 "Contracting Officer's Technical Representative" ("COTR") shall mean the Deputy Director of the San Diego County Air Pollution Control District or his designate and shall be used interchangeably with the term "Contract Administrator." 2.6 "Major Equipment" shall include, but is not limited to, movable personal property of relatively permanent nature, having a useful life of three years or longer and of significant value, $1,000 or over. 3. AFFIRMATIVE ACTION 3.1 The CONTRACTOR shall comply with the requirements of the County's Affirmative Action Program as set forth in Article IIJk (commencing at 984) of the San Diego County Administrative Code, attached to this agreement as Exhibit B, unless specifically exempted in accordance with the Article's rules and regulations. A copy of this Affirmative Action Program will be furnished upon request by the County of San Diego Contract Compliance Office, 1600 Pacific Highway, Room 208, San Diego, CA 92101. 3.2 CONTRACTOR will not discriminate against any employee, or against any applicant for such employment, because of age, race, color, religion, gender, physical handicap, ancestry, or national origin. This provision shall include, but not be limited to, the following: employment, Upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; . rates of payor other forms of compensation; and selection for training, including apprenticeship. 4. CONDUCT OF CONTRACTOR 4.1 The CONTRACTOR agrees to inform APCD/County of all the CONTRACTOR's interests, if any, which are or which the CONTRACTOR believes to be incompatible with any interests of APCD/County relating to this contract. . 2 '-1- 75" 4.2 The CONTRACTOR shall not, under circumstances that might reasonably be interpreted as an attempt to influence the recipient in the conduct of hi& duties, accept any gratuity or special favor from individuals or organizations with whom the CONTRACTOR is doing business or proposing to do business, in accomplishing the work under the contract. 4.3 The CONTRACTOR shall not use for personal gain or make other improper use of privileged information that is acquired in connection with his employment. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated material& requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official announcement. 4.4 The CONTRACTOR or employees thereof shall not offer gifts, gratuity, favors, or entertainment directly or indirectly to APCD/County employees. 5. PROHIBITED CONTRACTS Pursuant to S67 of the San Diego County Administrative Cede CONTRACTOR and APCD/ County certify that the provisions of said s67 have not been violated, and that CONTRACTOR is not, and will not subcontract with, any of the following: 5.1 Persons employed by APCD/County or of public agencies for which the Board of Supervisors is the governing body; 5.2 Profit-making firms or businesses in which employees described in ')[5.1 above serve as officers, principals, partners or major shareholders; 5.3 Persons who, within the immediately preceding twelve (12) months came within the provisions of'l{5.1 above and who (1) were employed in positions of substantial re&ponsibility in the area of service to be performed by the contract, or (2) participated in any way in developing the contract or its service specifications; and 5.4 Profit-making firms or businesses in which the former employees described in Paragraph 5.3 serve as officers, principals, partners, or major shareholders. 6. TERMINATION FOR DEFAULT Upon CONTRACTOR's breach of this Agreement, APCD/County shall have the right to terminate this Agreement, in whole or part. Prior to termination for default, APCD/County will send CONTRACTOR written notice specifying the cause. The notice will give CONTRACTOR 10 days from the date the notice is issued to cure the default or make progress satisfactory to APCD/County in curing the default, unless a different time is given in the notice. If APCD/County determines that the default contributes to the curtailment of an essential service or poses an immediate threat to life, health or property, APCD/County may terminate this Agreement immediately upon issuing oral or 3 4-7b written notice to the contractor without any prior notice or opportunity to cure. In the event of termination under this Article, all finished or unfinished documents, and other materials, prepared by CONTRACTOR under this Agreement shall become the sole and exclusive property of APCD/County. In the event of such termination, the APCD/County may purchase or obtain the supplies or services elsewhere, and CONTRACTOR shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the APCD/County. The prevailing market price shall be considered the fair repurchase price. If, after notice of termination of this Agreement under the provisions of this Article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this Article, the rights and obligations of the parties shall, if this Agreement contains a clause providing for termination for convenience of the APCD/County, be the same as if the notice of termination had been issued pursuant to such clause. The rights and remedies of APCD/County provided in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 7. TERMINATION FOR CONVENIENCE Notwithstanding any provision of this Agreement to the contrary, APCD/County or CONTRACTOR may, by written notice stating the extent and effective date, terminate this contract for convenience in whole or in part, at any time. The written notice shall be received by the other party at least thirty (30) days before the termination's effective date. APCD/County shall pay the CONTRACTOR as full compensation for performance until such termination: 7.1 The unit or pro rata price for the delivered and accepted portion of the work. 7.2 In no event shall APCD/County be liable for any loss of profits on the resulting order, or portion thereof, so terminated. 7.3 The rights and remedies of APCD/County. provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 8. CONTRACT ADl\1INISTRATION The Director of Purchasing and Contracting is the designated Contracting Officer and is the only APCD/County official authorized to make any changes to this agreement. APCD/County has designated the following individual as the Contract Administrator: Marsha VentitteIli, Air Quality Contracts Coordinator, Air Pollution Control District, 9150 Chesapeake Drive, San Diego, CA 92123-1096. The Contract Administrator will chair contractor progress meetings and will coordinate APCD's contract administrative functions. The Contract Administrator is designated to receive and approve CONTRACTOR invoices for payment, audit and inspect records, inspect contractor services, and provide other technical guidance as 4 lj- 77 required. The Contract Administrator is not authorized to change any terms and conditions of the Contract. Changes to the Statement of Work will be made only by APCD/County and/or the Contracting Officer issuing a properly executed Change Order modification. 9. NOTICE Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses: 9.1 Attention: Marsha Ventittelli, Air Quality Contracts Coordinator, Air Pollution Control District, 9150 Chesapeake MS 0-176, San Diego, CA 92123. 9.2 Attention: Daniel W. Forster, Program Manager, Planning & Building Dept., 276 Fourth Avenue, Chula Vista, CA 91910. 10. DISPUTES Notwithstanding any provision of this Agreement to the contrary, the Contracting Officer shall decide an) dispute concerning a question of fact arising out of this Agreement that is not otherwise disposed of by the parties within a reasonable period of time. The decision of the Contracting Officer shaH be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary or so grossly erroneous as necessariJy to imply bad faith. Contractor shaH proceed diligently with its performance hereunder pending resolution by the Contracting Officer of any such dispute. Nothing herein shaH be construed as granting the Contracting Officer or any other administrative official, representative or board authority to decide questions of law. 11. CHANGES The Contracting Officer may at any time, by written order, make changes within the general scope of work of this contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shaH be made in the contract price or delivery schedule, or both, and the contract shaH be modified in writing accordingly. Any claim by the CONTRACTOR for adjustment under this clause must be asserted within 30 days from the date of receipt by the CONTRACTOR of the notification of change; provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as a result of a change is included in the CONTRACTOR's claim for adjustment, the 5 +~7~ Contracting Officer shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the CONTRACTOR from proceeding with the contract as changed. 12. INDEMNIFICATION & DEFENSE 12.1 APCD/County and its officers agents and employees shall not be liable for, and CONTRACTOR agrees for itself, its officers, employees, subcontractors, consultants, licensees, tenants and volunteers to defend and indemnify APCD/County and its officers, agents and employees against any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys fees' and court costs (hereinafter collectively referred to as "Claims"), which arise out of or are in any way connected to the work or Equipment covered by this Agreement arising either directly or indirectly from any act, error, omission or negligence, whether active or passive, of CONTRACTOR or its officers, employees, subcontractors, consultants, licensees, in vi tees, tenants and volunteers including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of APCD/County or its officers, agents and employees. However, CONTRACTOR shall have no obligation to defend or indemnify APCD/County from a Claim if it is determined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of APCD/County or its officers, agents or employees. 12.2 CONTRACTOR agrees to include in any subcontract relating to work or services under this contract a provision in which the subcontractor shall agree to defend and indemnify APCD/County ~nd its officers, agents and employees against all Claims and under the same terms as set forth in 'JI12.1 above. 13. INSURANCE Without limiting the CONTRACTOR's indemnification of APCD/County, CONTRACTOR shall provide and maintain at its own expense, during the term of this contract and beyond, the following insurance coverage and provisions or proof of participation in any self-funded program as follows: 13.1 Proof of Insurance Within ten (10) working days following receipt of notice that a contract has been awarded, CONTRACTOR shall submit Certificates of Insurance and appropriate separate endorsements to the actual insurance policy, or proofs of participation in any self-funded program evidencing that CONTRACTOR has obtained, for the period of the contract, insurance in the following forms of 6 Lf-77 coverage and minimum amounts specified. True and certified copies of the insurance policies will be made available to APCD/County with fifteen (15) days notice. 13.2 Notice of Cancellation for Change of Coverage Insurance afforded by the policies or self-funded program shall not be canceled or changed so as to no longer meet the herein specified APCD/County insurance requirements without thirty (30) days prior written notice of such cancellation or change being delivered to APCD/County. 13.3 Oualifying Insurers All coverages shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A, VII according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by APCD/County's Risk Manager. All coverages shall be issued by companies currently authorized to transact business in the State of California. 13.4 Special Provisions The herein requirements as to the types and limits of insurance coverage to be maintained by the CONTRACTOR, and any approval of said insurance by APCD/County, or their insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this contract, including, but not limited to, the provisions concerning indemnification. APCD/County reserves the right to withhold payments to CONTRACTOR in the event of material non-compliance with the insurance requirements outlined. 13.5 Insurance 13.5.1 Statutory Workers' Compensation and Employer's Liability Insurance for not less than one million dollars ($1,000,000) per occurrence for all employees engaged In services or operations under this contract. 13.5.2 General Liability - for bodily injury (including death) and property limits as follows: 13.5.2.1 Commercial General Liability General Aggregate Products/Completed Operations Personal & Advertising Injury Per Occurrence $1,000,000 $1,000,000 $1,000,000 $1,000,000 OR 13.5.2.2 Comprehensive General Liability - for bodily injury (including death) and property damage, which provides limits of not less than one million dollars ($1,000,000) combined single limit (CSL) per occurrence. 13.6 Claims Made Coverage 7 Lj -80 . . If coverage is written on a "claims made" basis, the Certificate of Insurance shall clearly so state. In addition to the coverage requirements specified above, such policy shall provide that: (a) The policy retroactive date coincides with or precedes CONTRACTOR's commencement of work under the Agreement (including subsequent policies purchased as renewals or replacements). (b) CONTRACTOR will make every effort to maintain similar insurance during the required extended period of coverage following expiration of the Agreement, including the requirement of adding all additional insureds. (c) If insurance is terminated for any reason, CONTRACTOR shall purchase an extended reporting provision of at least two (2) years to report claims arising in connection with the Agreement. (d) The policy allows for reporting of circumstances or incidents that might give rise to future claims. 13.7 Vehicle Liabilitv 13.7.1 Bodily injury (including death) & Property Damage per occurrence in the amount of $1,000,000. 13.7.2 This insurance shall be applicable to all owned, non-owned and hired vehicles used in the execution of this contract and shall include Contractual Liability. 13.8 "Additional Insured" Coverage 13.8.1 For all types of insurance required above, coverage shall include an Additional Insured Endorsement. Insurance afforded by each policy shall apply to APCD/County, the members of the Board of Supervisors of the County of San Diego and the Air Pollution Control Board for the County of San Diego, individually and collectively, and the officers, agents employees and volunteers of the County of San Diego and APCD, individually and collectively, as additional insured parties. 13.8.2 CONTRACTOR further agrees to require that the parties listed in 'JIB.7.1 above be named as additional insured parties in all policies of liability coverage required by this agreement or by CONTRACTOR to be obtained by its subcontractors, licensees, invitees, tenants or volunteers. 13.8.3 The coverage afforded by the additional insured endorsement described above shall apply as primary insurance, and any other insurance maintained by the County, the members of the Board of Supervisors of the County and the Air Pollution Control Board of the County, or its officers, agents employees and volunteers, or any County self- funded program, shall be excess only and not contributing with such coverage. 13.9 Waiver of Subrogation 8 '1-2/ CONTRACTOR and APCD/County release each other, and their respective authorized representatives, from any Claims (as defined in Section 12 entitled "Indemnification and Defense" of the Agreement), but only to the extent that the proceeds received from any policy of liability insurance carried by APCD/County or CONTRACTOR, other than any self-insurance, covers any such Claim or damage. Included in any policy or policies of liability insurance provided by CONTRACTOR hereunder shall be a standard waiver of rights of subrogation against APCD/County by the insurance company issuing said policy or policies. 13.10 Notice of Cancellation or Change of Coverage All certificates of insurance provided by CONTRACTOR must evidence that the insurer providing the policy will give APCD/County thirty (30) days written notice, at the address shown in the section of the Agreement entitled "Notice," in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance. 13.11 Self Insurance CONTRACTOR may, with prior written consent of the County's Risk Manager, fulfill some or all of the insurance requirements contained in the Agreement under a plan of self-insurance. CONTRACTOR shall only be permitted to utilize such self-insurance, however, if, in the opinion of the County's Risk Manager, CONTRACTOR's (i) net worth, and (ii) reserves for payment of claims of liability against CONTRACTOR, are sufficient to adequately compensate for the lack of other insurance coverage required by the Agreement. CONTRACTOR's utilization of self-insurance shall not in any way limit liabilities assumed by CONTRACTOR under the Agreement. 13.12 Subcontractor's Insurance CONTRACTOR shall make certain that any and all subcontractors hired by CONTRACTOR are insured to current industry standards for form and limits. If any subcontractor's coverage does not comply with the foregoing provis.ions, CONTRACTOR shall indemnify and hold APCD/County harmless of and from any damage, loss, cost, or expense, including attorneys' fees, incurred by APCD/County as a result thereof. CONTRACTOR shall include subcontractors under its policies or shall furnish separate certificates of insurance and endorsements for each subcontractor. 13.13 Policv Review APCD/County shall retain the right at any time to review the coverage, form and amount of insurance acquired herein and may require CONTRACTOR to obtain insurance sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. APCD/County shall be reasonable. APCD/County retains the right to receive a true and certified copy of any insurance required herein with fourteen (14) days notice. 9 L( -{2- 13.14 Deviations from Contractual Insurance Requirements All deviations from the contractual insurance requirements stated herein must be approved by County Risk Management. 14. OWNERSHIP OF THE BUSES 14.1 Purpose APCD/County and CONTRACTOR acknowledge that the funds are being provided to subsidize the City of Chula Vista Commuter Service Program - Chula Vista Express Bus to Downtown San Diego as specified in the Statement of Work. 14.2 Ownership of the Buses APCD/County and CONTRACTOR agree that ownership of the buses is with the CONTRACTOR, or its designee that has been approved by APCD and has entered into an Agreement with CONTRACTOR. 15. BUS MAINTENANCE The CONTRACTOR, or its designee that has been approved by APCD and has entered into an Agreement with CONTRACTOR, must provide, at its expense, preventative maintenance and repair contracts or service contracts on all of the buses used in the City of Chula Vista Commuter Service Program - Chula Vista Express Bus to Downtown San Diego service. Such contracts must be provided by the CONTRACTOR itself or by reputable companies generally known to have such expertise. 16. AUDIT AND INSPECTION OF RECORDS 16.1 General APCD/County shall have the audit and inspection rights described in this section. 16.2 Cost. Pricing and Performance Data The Contracting Officer or his representatives who are employees of APCD/COUNTY or its agent shall have the right to examine all books, records, documents and other data of the CONTRACTOR related to the cost or negotiation pricing or performance of this contract, or any subcontract made hereunder, or any change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing or performance data submitted. 16.3 The Contracting Officer or his representatives who are employees of APCD! County or its agent shall also have the right to examine all records and data and other information relating to any cost and relevant information that is submitted for reimbursement that is reasonably related to the direct and indirect costs of performing the services in the Statement of Work. 16.4 A vailabilitv 10 Lj-g3 The materials described above shall be made available at the office of the CONTRACTOR, during normal business hours, for inspection, audit or reproduction, until the expiration of 3 years from the date of final payment under this contract, or by (I) and (2) below: (I) If this contract is completely or partially tenninated, the records relating to the work tenninated shall be made available for a period of three years from the date of any resulting final settlement. (2) Records that relate to appeals under the "Disputes" clause of this contract, or litigation or the settlement of claims arising out of the performance of this contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after contract completion, whichever is longer. 16.5 The CONTRACTOR shall insert a clause containing all the provisions of this clause 17 in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under APCD/ County's prime contract. 17. PATENT AND COPYRIGHT INFRINGEMENT The contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the contractor has knowledge. 18. PERMITS, NOTICES, FEES AND LAWS The CONTRACTOR shall, at its own expense, obtain all permits and licenses, give all notices, pay all fees, and otherwise comply with all State and Federal statutes, ordinances, rules and regulations pertaining to work and to the preservation of the public health and safety. 19. AIR, WATER POLLUTION CONTROL, HEALTH AND SAFETY Contractor shall comply with all State and Federal air and water pollution control, health and safety statutes, ordinances, rules and regulations that apply to the work performed under this contract. 20. FINDINGS CONFIDENTIAL Any reports, information, data, etc., given to or prepared or assembled by the CONTRACTOR under this Agreement which APCD/County requests to be kept as confidential shall not be made available or disclosed to any individual or organization by the CONTRACTOR without the prior written approval of APCD/County, except; (a) as required to by other funding sources for the pool, (b) as may be necessary to perform the Statement of Work, or (c) as may be otherwise required by law, including, without limitation, the California Public Records Act, Government Code ~6250 et seq. 11 4~gLf 21. PUBLICATION, REPRODUCTION AND USE OF MATERIAL No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other country. Except as provided in Article 19 above, APCD/County and CONTRACTOR shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 22. INDEPENDENT CONTRACTOR It is agreed that CONTRACTOR shall perform as an independent contractor under this Agreement. CONTRACTOR is, for all purposes arising out of this Agreement, an independent contractor, and shall not be deemed an employee of APCD/COUNTY. It is expressly understood and agreed that CONTRACTOR and its employees and any subcontractors and their employees shall in no event be entitled to any benefits to which permanent APCD/COUNTY employees are entitled, including, but not limited to, overtime, any retirement benefits, workers' compensation benefits, and leave benefits. 23. SUBCONTRACT FOR WORK OR SERVICES Except for SANDAG and CONTRACTOR's transit services provider (which have already been approved), no subcontract shall be made by the CONTRACTOR with any party for furnishing any of the work or services herein contained without the prior written approval of the Contract Administrator; but this provision shall not require the approval of contracts of employment between the CONTRACTOR and its own personnel assigned for services thereunder, or for parties named and agreed to herein. CONTRACTOR is reminded that it is APCD/County policy to encourage the participation of minority business enterprises. This includes assurance that, if feasible, minority firms are solicited, or where feasible, includes dividing the requirement into smaller units for the purpose of providing for greater minority participation, or the establishment of delivery and payment schedules that will facilitate participation by minority businesses. Each subcontract shall include a hold harmless clause for subcontractors as specified in Section 12. INDEMNIFICATION & DEFENSE and the required insurance amounts as specified in Section 13. INSURANCE, hereinabove. 24. DRUG & ALCOHOL-FREE WORK PLACE APCD/County of San Diego, in recognition of individual rights to work in a safe, healthful and productive work place, has adopted a requirement for a drug and alcohol free work place, APCD/County of San Diego Drug and Alcohol Use Policy C-25. This policy provides that all APCD/County employed Contractors and Contractor employees and their employees shall assist in meeting this requirement. 12 Lf-?5 24.1 As a material condition of this agreement, the CONTRACTOR agrees that the CONTRACTOR and its employees and subcontractors and their employees, while performing service for APCD/County, on APCD/County property, or while using APCD/County equipment: 24.1.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug. 24.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal drug. 24.1.3 Shall not sell, offer, or provide alcohol or a drug to another person. Item 24.1.3 shall not be applicable to a Contractor or Contractor employee who, as part of the performance of normal job duties and responsibilities prescribes or administers medically prescribed drugs. 24.2 The Contractor shall ipform all employees who are performing services for APCD/County or on APCD/County property or using APCD/County equipment, of the APCD/County objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for APCD/County. 24.3 APCD/County may Terminate for Default or Breach this Agreement and any other Agreement the CONTRACTOR has with APCD/County, if the CONTRACTOR, or its employees are determined by the Contracting Officer not to be in compliance with the conditions of 24.1 above. PART II. FISCAL 25. COMPENSATION OF CONTRACTOR 25.1 Amount APCD/County agrees to pay CONTRACTOR a total sum not to exceed $134,927 for the City of Chula Vista Commuter Service Program - Chula Vista Express Bus to Downtown San Diego as specified in the attached Statement of Work. In exchange, CONTRACTOR agrees to perform the services described in the Agreement and the attached Statement of Work. This agreement does not commit funding or services for the Financial Incentives Project or Express Trolley Shuttle Service described in the attached Statement of Work; such funding and services are covered in separate agreements between APCD and CONTRACTOR. 25.2 Reimbursement for Claim for Services Unless otherwise provided in the Statement of Work, in consideration for services performed by CONTRACTOR under this Agreement, APCD/County will pay CONTRACTOR by reimbursing CONTRACTOR for expenses as stated on each invoice, provided total amount of invoices does 13 ii-fib not exceed $134,927. The amount of each invoice submitted by the CONTRACTOR is subject to a detennination of a fair and reasonable price by the Contract Administrator. 25.3 Withholding of Payment APCD/County may withhold final payment until final reports required under this Agreement are received and approved by APCD/County. APCD/County may also withhold payment where Contractor is in non-compliance with this Agreement, but must release payment otherwise due CONTRACTOR upon CONTRACTOR taking necessary steps to complete compliance. 26. DISALLOWANCE In the event CONTRACTOR claims and receives payment from APCD/County for reimbursement of equipment and/or services that are later .disallowed by APCD/County, CONTRACTOR shall then promptly refund the disallowed amount to APCD/County upon request. At its option, the APCD/County may offset the amount disallowed from any payment due or to become due to the CONTRACTOR under this Agreement or another agreement. Similarly, a disallowance under another agreement may be offset against this Agreement. 27. FULL COMPENSATION Pending any cost adjustments, each claim so approved and paid shall constitute full and complete compensation to CONTRACTOR for the period covered by the claim. It is expressly understood and agreed that this Agreement constitutes the entire agreement of CONTRACTOR and APCD/County and in no event shall Contractor be entitled to any compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. 28. PARTIAL PERFORMANCE In the event less than all services are performed in a proper and timely manner, CONTRACTOR shall be paid only the reasonable value of the services perfomed during the payment period as determined by the Contract Administrator. 29. RETENTION OF RECORDS The CONTRACTOR and any and all subcontractors shall be required to retain all financial records and administrative documents relative to this Agreement in accordance with Section 16, Audit and Inspection of Records, and in accordance with applicable APCD/County, State, and Federal statutes, regulations, ordinances and policies. All such records shall be returned to the APCD/County should CONTRACTOR become defunct or close doing business, prior to limitations set forth in such statutes. PART III. REPORTING REQUIREMENTS 14 Lj-f7 30. INVOICING APCD/County intends to make payments on grant eligible items and activities upon receipt of invoices as provided in the Statement of Work. CONTRACTOR should attach all necessary receipts and other ex.penditure documentation with its invoices. APCD/County reimbursement to CONTRACTOR will be made on the basis of the submitted invoices. 31. PROGRESS REPORTS CONTRACTOR shall submit quarterly reports, with monthly invoices, during the two (2) years of the City of Chula Vista Commuter Service Program - Chula Vista Express Bus to Downtown San Diego funding as specified in Statement of Work. A yearly report will be submitted to APCD/County for three (3) years following final payment (if the Project is not discontinued) that include objectives achieved; activities performed; incentive amount paid to commuters; further development of project and recommendations for project improvement. 32. FINAL REPORT CONTRACTOR shall submit a final report to APCD/County within thirty (3D)" days of grant program funding end date. This report shall include the following: 32.1 Table of Contents. 32.2 A summary of the objectives achieved as they relate to the project Statement of Work. 32.3 A summary of the activities performed and the total amounts expended on the project. 32.4 Any findings, conclusions or recommendations for follow-up or ongoing activities that might result from successful completion of this project. 32.5 A statement, if applicable, of future intent of the public and/OI" private support to maintain or further develop the project. 32.6 A consolidated list of subcontractors, funded under this Agreement (in part of whole). Include the name, address, concise statement of work performed, time period and value of each subcontract. 32.7 A summary of project successes that provide measurable results. A summary of project failures or shortcomings, reasons and necessary remedial activities. Review comments shall be prepared and transmitted by the APCD/County to the Contractor within 30 days of receipt of the draft version of the final report. After incorporating the APCD/County's comments, the Contractor shall submit to the Contract Administrator three copies of the final report no later than 60 days after receipt of APCD/ County's comments. APCD/County reserves the right to use and reproduce all reports and data produced and delivered pursuant to this Agreement, and reserves the right to authorize others to use or reproduce such material. Failure to comply with the reporting requirements specified above may result in termination of this Agreement or 15 4-22 suspension of any or all outstanding payment requests until such a time as the Contractor has satisfactorily completed the reporting provisions. 33. SEVERABILITY Should any part of this agreement be held to be invalid by Ii court of competent jurisdiction, the remainder of the agreement shall be considered as the whole agreement and be binding on the contracting parties. 34. GOVERNING LAW This contract shall be construed and interpreted according to the laws of the State of California. 35. AGREEMENT This Agreement, including the exhibits attached hereto, constitutes the entire agreement by and between the CONTRACTOR and APCD/County with respect to the services described herein and supersedes all other additional communications, both written and oral. Both parties, by their authorized signatures, acknowledge that they have read, understand and agree to all the terms and conditions of this Agreement. 36. APCD RECOGNITION CONTRACTOR agrees to recognize APCD/County as a funding source on all promotional materials prepared for the project. IN WITNESS WHEREOF, APCD/County and CONTRACTOR have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: FOR CITY OF CHULA VISTA FOR APCD & COUNTY: By: David D. Rowlands, Jr., City Manager Winston F. McColl, Director Purchasing & Contracting Date: Date: Approved as to form by: v"",,,,rc, t-~ T0 FCM AND LEGALITY COUt"i y CjU;'~SEL By. Ann Moore, City Attorney BY~~ SENIOR DEPUTY Date: 16 L/ -f9 EXHIBIT A 17 '-I ~q (J 2002-2003 AB 2766 VEIllCLE REGISTRATION FUNDS CITY OF CHULA VISTA Planning and Building Department 276 Fourth Avenue Chula Vista CA 91910 Ph: (619) 476-5300 Fax: (619) 409-5861 Express Commuter Bus Transportation Demand Management Project SCOPE OF WORK August 13,2004 Revised May 25, 20G.:; Final Revision June 29, 2005 INTRODUCTION Project History and Description In recent years, the rate of growth in East Chula Vista, which is a series of master planned communities, has gone from less than 500 housing permits per year to over 3,000 permits in calendar year 200 1. As a result of this unparalleled growth, the City of Chula Vista, in conjunction with the East Chula Vista development community, has instituted the East Chula Vista Transportation Enhancement Program (ECVTEP). This program includes elements that are consistent with the City's C02 Reduction Plan. To date, over $4.5 million of private funds have been committed toward the ECVTEP with $551,701 dedicated to the development of an East Chula Vista Transportation Demand Management (EVTDM) Program. There are three elements in the EVTDM. One component is a private, subscription-based, peak hour express commuter bus service project herein referred to as "Project," which is presented in this Scope of Work (SOW). Second, is a financial incentives project that will provide incentives to single occupant auto commuters to change commute mode and third, a private, subscription-based peak hour Trolley shuttle will provide free express shuttle service between a Trolley station and East Chula Vista. PROJECT Yrl Yr2 Total Local Match Amount from APCD $134,927 EXDTess Commuter Bus $182,736 $274,806 $366,876 $231,949 1 4/qi Funding Sources: Private - Matching Funds - 62% of total AB2766 Vehicle Registration Funds - 38% of total $231,949 $134,927 Project Total: $366,876 Private funding will be provided by local area developers who have committed these funds to mitigate increasing congestion in Chula Vista. SCOPE OF SERVICES The scope of services summarizes the Project tasks, deliverables, and schedule to be followed during execution of this Statement of Work. Task 1: Service Planning Plan and develop a private, subscription-based peak hour Express Commuter Bus service that operates between East Chula Vista and downtown San Diego. The Project will be set up as follows: . Provide up to three round trips per weekday, holidays excluded, for solo occupant vehicle commuters traveling between East Chula Vista and downtown San Diego. . City of Chula Vista Planning and Building Department will procure services of a transit operator to provide the vehicle(s) and operate the Express Commuter Bus service. . Chula Vista Transit will manage and administer the service contract for the Express Commuter Bus service. Chula Vista Transit will monitor the day-to-day activities and services provided by the contractor. . Payments to the Express Commuter Bus service operator will be made by the City of Chula Vista, and will be reimbursed with Project funds. . The Express Commuter Bus service will operate free of charge to East Chula Vista commuters. Services will be available only to residents who live in specified neighborhoods of East Chula Vista. The Express Commuter B us route and service hours will be determine by analyzing a survey conducted through the East Chula Vista local developers and home owners' associations in the specified neighborhoods to be served. The pick-up and drop-off points will be kept to a minimum so as to provide express service. Timeline: Service planning will begin six months prior to Project implementation. Deliverables: Service route map and operation plan. 2 '~ 2- PERSONNEL CITY OF CHULA VISTA Daniel W. Forster, Program Manager, is responsible for oversight of the East Chula Vista TOM Project. SANDAG Ray Traynor, Program Manager, is responsible for overall administration of the East Chura Vista TOM Project. Allison Richards-Evensen, Project Manager, is responsible for the project coordination, implementation, monitoring of the East Chula Vista TOM Project, including processing of monthly Project reports from RideLink and preparation of quarterly and yearly reports to APCD. RideLink Bill McCaughey, President and Owner of Inland Transportation Services (ITS) - under contract with SANDAG to manage the RideLink Regional Commuter Program - will oversee Project activities. Kenn Neugart, RideLink Project Coordinator, will handle management of Project enrollment lists, explanation of Project requirements to newly enrolled commuters, and validation of vendor invoices. Mr. McCaughey and Mr. Neugart will ensure the timely collection and validation of Project data that is submitted to SANDAG each month. ITS has over 20 years of commuter services experience. PHONE NUMBERS Dan Forster Ray Traynor Allison Richards-Evensen William McCaughey Kenn Neugart (619) 476-5348 (619) 699-6945 (619) 699-1982 (8S8) 695-3825 (858) 695-3825 DESCRIPTION OF EOUIPMENT TO BE OBTAINED No equipment will be obtained as part of the Project. PA YMENT SCHEDULE AB 2766 funds will be provided by APCD, in an amount not to exceed $222,498.00 for costs incurred during Project, and will be used to develop, market, administer, and provide financial incentives. Of the allocated $222,498.00 funds, $117,030.00 will be used specifically for $2 incentive payments only. APCD will be invoiced for Project costs at a rate of 60 percent, not to exceed $222,498.00, on a quarterly basis. APCD shall make these payments only following receipt of a detailed invoice that sets forth the task, date, and specific costs. Billing documentation will include copies of 7 4-12 Task 2: Operate Express Commuter Bus Service from East Chula Vista to Downtown San Diego Operate the private. subscription-based peak hour Express Commuter Bus service as planned and developed in Task I. The Express Commuter Bus service will provide up to three round trips to and from downtown San Diego depending on commuter demand. Over-the-road coach-type buses will be used to carry East Chula Vista residents to and from their places of employment in downtown San Diego. Convenient pick-up and drop off locations have been determined by a survey mailed to East Chula Vista residents. Park-&-Ride lots will be used to provide convenient and safe access to Express Commuter Bus services. A Request for Technical Proposals and Price Bids has been released by the City of Chula Vista to secure a service operator and a proposed Scope of Work is included as Attachment A. The operator of this service will utilize and maintain its own vehicles for this service and operate out of its own facility. The Scope of Work for the operator will apply to all services operated under the final Agreement reached between the City of Chula Vista and the service operator. The City of Chula Vista will provide management services for the Project. A target of 40-60 commuters will be enrolled to participate in the Project. Timeline: Operation of the Express Commuter Bus service will begin after the initial marketing and recruitment phase (covered under the complementary Financial Incentives Project). On-going activity for the two-year life of the Project. Deliverables: An executed agreement between the City of Chula Vista and a qualified transit operator. A target of 40-60 participants enrolled. Task 3: Monitoring and Reporting Monitoring The transit operator will monitor use of the Express Commuter bus by compiling daily trip records and monthly summary reports. Participant use will be monitored under the complementary Financial Incentives Project. Compliments. complaints. and suggestions will be directed to I-800-COMMUTE. tracked. and reported. Timeline: On-going activity for the two-year life of the Project. Deliverables: Daily passenger logs and commuter comment logs. Reporting Reports will be provided to the APCD on a quarterly basis. A full description of reports is listed in this Scope of Work under Reporting Requirements. Timeline: On-going activity for the two-year life of the Project. Deliverables: Quarterly summary of project activities. 3 L/ qif COMPLEMENTARY PROJECTS In addition to the Express Commuter Bus Project, two complementary projects, Financial Incentives and the Express Trolley Shuttle, will be simultaneously operated. Financial Incentives Project A key component of the EVTDM is the financial incentives that encourage commuters to choose alternatives to driving alone to work, with the long-term benefit being a reduction in C02 emissions within the City of Chula Vista and regional community. Financial incentives have been proven to overcome commuters' reluctance to switch from SOV commuting to an alternative mode. The Financial Incentives project will promote carpooling, vanpooling, and transit ridership through financial incentives and provide administration, marketing and monitoring of the program. Trolley Express Shuttle Service The Shuttle Express shuttle service will provide up to three round trips to and from the H Street San Diego Trolley station, major employers, and/or the City of Chula Vista. Large vans or up to 25-passenger buses will be used to carry East Chula Vista residents to and from the H Street Trolley station. Convenient pick-up and drop off locations will be determined by a survey to be conducted by SANDAG staff, in conjunction with City of Chula Vista staff. Routing of the vehicles will strive to avoid the most heavily congested segments of streets and freeways. Shuttles would operate with minimal stops so as to be considered "express." SUMMARY - TWO YEAR GRANT PROJECT Yrl Yr2 Total Percent Local Amount from APCD Match from APCD Express Commuter $182,736 $184,140 $366,876 38% $231,949 $134,927 Bus Financial Incentives $200,600 $170,230 $370,830 60% $148,332 $222,498 Exnress Trollev $115,240 $113,080 $228,320 25% $171,420 $56,900 TOTAL $498,576 $467,450 $966,026 $551,701160 $414,325 SCHEDULE Task Description Completion Date 1 Project Planning Jan 2004- June 2004 2 Project Operation and Management June 2005-June 2007 3 Project Monitoring and Reporting June 2005-June 2007 4 Project Final Report June 2007 PERSONNEL CITY OF CHULA VISTA Daniel W. Forster, Program Manager, is responsible for oversight of the East Chula Vista TDM Project. 4 ;. .-~ If -,-/::; Andres (Andy) Trujillo, Transit Coordinator, is responsible for transit management of the East Chula Vista TDM Project. SANDAG Ray Traynor, Program Manager, is responsible for overall administration of the East Chula Vista TDM Project. Allison Richards-Evensen, Project Manager, is responsible for the project coordination, implementation, and monitoring of the East Chula Vista TDM Project. PHONE NUMBERS Dan Forster Andy Trujillo Ray Traynor Allison Richards-Evensen (619)476-5348 (619) 397-6061 (619) 699-6945 (619) 699-1982 DESCRIPTION OF EQUIPMENT TO BE OBTAINED A full description of equipment to be obtained is included the proposed Transit Operator's Scope of Work included as Attachment A. PAYMENT SCHEDULE AB 2766 funds will be provided by APCD, in an amount not to exceed $134,927 for costs incurred during Project, and will be used to plan for service, provide service and City management, and monitor the Project. APCD will be invoiced for Project costs at a rate of 38 percent, up to $134,927, on a quarterly basis. APCD shall make these payments only following receipt of a detailed invoice that sets forth the date and specific costs. Billing documentation will include copies of subcontractor's invoices, with administrative hours and costs identified by task, and copies of "payment checks" paid by SANDAG for the previous quarter. Invoices will be paid within 30 days of receipt of complete invoice. Local developer funds will be used to cover the 62 percent matching requirements. A full budget spreadsheet is included as Attachment B. REPORTING REQUIREMENTS A quarterly invoice and progress report will be provided to the APCD during the two year Project. In addition, an Annual Report will be provided for three years following final payment containing: A. a narrative of Project activities for the previous three months . Comments from participants . Recommendations for improvement 5 '1-46 B. a summary of Project enrollment, compiled by month, including: . Number and name of new enrollments . Number and name of active Project members at quarter's end C. a synopsis of Project performance, compiled by month including: . vehicle miles saved . VTM reduction D. a series of charts illustrating Project activity for the year to date, including: . Project enrollment levels . VMT reduction APCD RECOGNITION All new printed materials, which promote the East Chula Vista TDM Project, wiJI include the APCD logo. All references to the Project in advertising or newsletters shall recognize the APCD as a contributor to the Project. AIR QUALITY AND COST-EFFECTIVENESS Emission Reductions Actual emission reductions are estimated based on Average Auto Emission Factors similar to those released by the APCD in its March 1997 publication, Methods to Find the Cost Effectiveness of Air Quality Projects. The emission reductions for the East Chula Vista TDM Project wiJI be calculated based on annual vehicle miles traveled (VMT) reduced as a result of the Project. The daily round-trip mileage traveled by each Express Commuter Bus and Express Trolley Shuttle will be tracked to measure VMT reduced and a chart provided in quarterly reporting. Cost-effectiveness The cost -effectiveness of the Project also will be measured using the VMT reduction data. 6 '-q7 A TT ACHMENT A Lf-92 ATTACHMENT A City of Chula Vista Direct Express and Direct Shuttle Bus Services SECTION B, EXHIBIT A: SCOPE OF WORK Lf-qq EXHIBIT A SCOPE OF WORK Direct Express and Direct Shuttle Bus Services 1. SCOPE OF SERVICES This project is to operate a commuter express transportation service between eastern Chula Vista and downtown San Diego, and/or a shuttle bus service between eastern Chula Vista and H Street Trolley Station in Chula Vista. The operator of this service will utilize and maintain its own vehicles for this service and operate out of its own facility. This Scope of Work shall apply to all services operated under this Agreement. Service covered by this Agreement is operated every weekday of the year except New Years Day, Presidents' Day, Memorial Day. July 4'h, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. Service characteristics for all routes, including peak equipment pull-out requirements, are included in ATTACHMENT #1. ATTACHMENT #2 (Buses and Other Equipment) provides technical details on the recommended vehicles and equipment. 2. PROJECT ORGANIZATION 2.1. CONTRACTOR'S responsibilities shall include but not be limited to: 2.1.1. Meeting all requirements established by AGENCY in this Agreement. 2.1.2. Completely operating and managing the Commuter Express and/or Shuttle Bus Services described in this agreement. 2.1.3. Providing vehicle maintenance as identified in ATTACHMENT #3. 2.1.4. Maintaining all vehicles and related equipment provided by the CONTRACTOR or otherwise used in tho fulfillment of this Agreement, including revenue and non-revenue vehicles, wheelchair lifts, and maintenance equipment. 2.1.5. Maintaining sufficient inventories of parts, materials, and supplies for the operation and required maintenance of all vehicles and equipment. 2.1.6. Providing all personnel having management, operations, and maintenance expertise necessary to operate the system. 2.1.7. Operational and maintenance training and supervision. 2.1.8. Accounting for passengers and verification of passenger use. 2.1.9. Personnel administration, including hiring, supervising, evaluating, promoting, and terminating employees, and collective bargaining negotiations. CONTRACTOR is also responsible for the preparation and -2- L/-/OO implementation of an Injury and Illness Prevention Program, as required by the California Occupational Safety and Health Administration (OSHA}. 2.1.10. Complying with Driver retention plan requirements. . 2.1.11. Providing customer telephone information (including customer service), making every attempt to resolve complaints with customers, and providing a written response to complaints and inquiries as necessary. 2.1.12. Scheduling and dispatching drivers and vehicles, including driver runcutting and assignments. 2.1 .13. Assisting AG ENCY to gather scheduling and running time data and other tasks related to route performance improvements and timetable scheduling. 2.1.14. Preparing all operating and financial reports on-time and as requested. 2.1.15. Negotiating, executing, and overseeing all subcontracts for equipment,' personnel, or services as required to fulfill the prime contract. 2.1 .16. CONTRACTOR management staff may be required to attend at least 12 staff meetings with AGENCY per year. During the start-up phase of this Agreement (the month leading up to the start up date), CONTRACTOR's management staff may be required to participate in weekly meetings with AGENCY staff. 2.1.17. Providing all equipment as identified in Section 1 of ATTACHMENT #2. 2.1.18. Providing base station and bus radio hardware for radio communication system. 2.2. AGENCY'S responsibilities will be: 2.2.1. Establishing operations and maintenance requirements for CONTRACTOR. 2.2.2. Ongoing service planning and route timetable scheduling. 2.2.3. Performing overall marketing of the services (including printing of public timetables). 2.2.4. Providing payments to CONTRACTOR per Agreement. 2.2.5. Administration and monitoring of Agreement. 2.2.6. Determining compliance with Agreement requirements and assessing performance related liquidated damages as specified herein. 2.2.7. Permanent bus stop sign and facilities installation and maintenance. . -3- Lf- /01 3. SYSTEM OPERATION 3.1. CONTRACTOR shall operate the system in compliance with AGENCY operating policies and local, state, and federal laws and regulations applicable to this service. 3.2. CONTRACTOR's preparation for these transportation services shall comprise those tasks required to make the system operational by July 1, 2004, including, but not limited to, an initial employee training and safety program and route and service area familiarization. 3.3. CONTRACTOR's services hereunder shall include, but shall not be limited to, the following: day-to-day operation of the service, including executive and administrative management; employment, supervision, and training of all personnel (including drivers, dispatchers, supervisors, clerks, and maintenance personnel); provide for backup/extra board drivers who will be immediately available in the absence of regular drivers; maintenance and repair of equipment; and preparation of budgets, analysis, and reports of financial and other matters pertaining to the system operation. 3.4. CONTRACTOR'S personnel wages, and work hours shall be in accordance with local, county, state, and federal regulations effecting such employment. 3.5. Vehicles shall not operate on the observed day of the following designated holidays: New Years Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. 3.6. CONTRACTOR shall be prepared to answer information calls regarding service within this scope of work if a customer or potential customer makes an inquiry and was unable to access other transit telephone Information services. 3.7. CONTRACTOR shall provide a customer service telephone number that patrons of this service may call for questions, lost and found, or any other information. 3.8. AGENCY shall perform installation and maintenance of bus stops on routes covered within this Agreement. Any conditions of bus stoJ} facilities observed by the CONTRACTOR requiring the attention of AGENCY shall be brought to the attention of AGENCY immediately. 3.9. AGENCY shall be informed of all contacts with other governmental agencies and authorities and situations, occurrences, and conditions that call particular public attention to the service. 3.10. AGENCY shall be informed as soon as possible (in no case more than one hour after accident) of all accidents causing significant damage (in excess of $5,000) to property, or significant injury (requiring hospitalization) to persons in connection with the services provided in this Agreement, in accordance with AGENCY's emergency notification policies. All AGENCY vehicle body damage from such accidents shall be reported to AGENCY within 24hours. CONTRACTOR representative must speak directly to an AGENCY representative----Ieaving a message shall not be considered compliant with this Agreement. -4- L/-ID2 3.11. Schedulina - All public timetable and headway scheduling is the responsibility of AGENCY. AGENCY shall provide CONTRACTOR with schedules and headways for each route, showing all trips, timepoints, layovers, total scheduled revenue miles, total scheduled revenue hours, and total layover hours. These schedules will be provided by AGENCY to CONTRACTOR as soon as practicable after final schedule changes are approved by AGENCY. CONTRACTOR shall be responsible for all employee scheduling in the fulfillment of the schedule, including, but not limited to, run cutting, rostering, driver and vehicle relief coordination, and scheduling days off. CONTRACTOR shall also be responsible for the assignment and coordination of buses in the fulfillment of the provided schedules based on AGENCY guidelines. AGENCY shall endeavor to work with CONTRACTOR when scheduling routes to maximize vehicle and employee utilization when possible. With prior approval of AGENCY, CONTRACTOR may interline routes and/or driver schedules (within this agreement) to maximize efficiency. AGENCY reserves the right to make minor adjustments to the routes proposed for September 7, 2004 and will provide any final schedule changes, as a goal, at least 60 days prior to implementation. The draft schedules, assumed to represent the one-way trip included in the base amounts for this Agreement, are proviC:"j in Section C. Schedules are provided for the routes for service effective September 7, 2004. CONTRACTOR shall be responsible for complying with any federal, state, or local laws regarding employee lunch periods or required breaks. If breaks are required beyond the available standard recovery time provided in schedules, CONTRACTOR shall arrange at no cost to AGENCY. 3.13 Dispatchina and Radio - The operations center typically includes one radio/dispatcher on-duty that handles drivers reporting to and leaving work; handles customer service calls, and radio communications. AGENCY requires at least one radio/dispatching operator to cover morning, afternoon, and evening shifts daily. Dispatching and radio operations shall be the sole responsibility of the CONTRACTOR. 3.20 Wheelchair Lift/Ramp Boardinas and Aliahtinas - Wheelchair lift boardings and alightings shall be reported at each instance via radio to the dispatcher or radio operator. WC lift/ramp report shall include location of boarding and alighting passenger, route number and time of day. Driver may report both boarding and alighting location if known at the initial radio contact. 3.21 Wheelchair Lift/Ramp Procedures - CONTRACTOR shall have in place operating procedures whereby drivers are able to test and cycle a wheelchair lift or ramp upon pullout from the yard. Lift or ramp shall be tested in the yard, prior to departure so that if a lift is inoperative a bus may be switched for one with a working lift. 3.22 Start-Up and Implementation 3.22.1 CONTRACTOR will provide vehicles similar to or the same as those types and quantities described in ATTACHMENT #2. Regular and preventative maintenance on all buses shall remain the responsibility of -5- Lj~/03 the CONTRACTOR. CONTRACTOR is responsible for fuel, maintenance, and other vehicle related costs of additional vehicles provided by CONTRACTOR for CONTRACTOR start-up training. 3.22.2 Any activity associated with the start-up of this project will require that the CONTRACTOR be fully insured in the types and amounts required in this contract at all times, as shown in the Pro-Forma Contract. 3.22.3 CONTRACTOR shall provide a detailed training schedule to AGENCY when requested showing how all of the existing and new drivers necessary to carry out full operations shall be trained by September 7, 2004. 4. KEY PERSONNEL 4.1. Responsible Manaqement Individual A senior Responsible Management Individual of CONTRACTOR shall be assigned to this project. This employee shall be available to AGENCY at all times, either by telephone or in person, to make decisions or provide coordination as necessary. The senior Responsible Management Individual must have three (3) or more years of recent and relevant experience managing all aspects of a transportation service provider. 5. FACILITIES It is required that all significant preventative maintenance, running repairs, and operations under this agreement will be performed at the CONTRACTOR'S facility. This facility shall adequately handle the implementation of this agreement and conform to all Federal, State and local rules and regulations. CONTRACTOR is also responsible for all facility insurance. 6. BUS MAINTENANCE AND REPAIR High quality and regular maintenance of buses is essential and is required to maintain an efficient, reliable transportation operation. CONTRACTOR shall be responsible for all maintenance and repair work (including maintenance and repair of all installed equipment, warranty work, and tracking of warranty work and components) necessary to keep all CONTRACTOR buses operating in a safe and reliable condition. CONTRACTOR shall follow all maintenance guidelines detailed in ATTACHMENT #3. 7. BUS CLEANING AND VEHICLE APPEARANCE CONTRACTOR shall maintain the minimum cleaning and vehicle appearance program and standards outlined in ATTACHMENT #5. -6- Lj- /Otf 8. DRIVERS AND DRIVER TRAINING 8.1. CONTRACTOR'S training program shall include, at a minimum, the training requirements outlined in ATTACHMENT #6. CONTRACTORS shall provide a detailed training schedule to AGENCY two weeks after award of contract showing how all of the existing and new drivers necessary to carry out full operations shall be trained by September 7, 2004. 8.2. AGENCY shall be able to request that specific driver(s) be removed from revenue service or replaced for reasonable cause. 9. ADVERTISING AND MARKETING AGENCY shall control all advertising and marketing, and provide materials for distribution by CONTRACTOR. CONTRACTOR shall periodically be required to distribute on the vehicles informational and promotional material provided by AGENCY. CONTRACTOR shall also be required from time to time to apply/install interior and/or exterior AGENCY-provided promotional banners, signs, decals, or similar media onboard revenue vehicles while vehicle are in service per agreement. 10. DATA COLLECTION AND REPORTING A list of operational data to be collected by CONTRACTOR, and some samples, is included as ATTACHMENT #7. 10.1. All data provided by CONTRACTOR to the AGENCY will be certified by CONTRACTOR as being complete and accurate. CONTRACTOR shall collect all data on operation of the system and provide AGENCY with the required information on forms approved by AGENCY by the required submittal deadlines. . 10.2. Report forms or CONTRACTOR shall utilize formats required by AGENCY. CONTRACTOR shall be responsible for printing all report forms required under this Agreement. 10.3. CONTRACTOR shall compile Daily Trip Records and forward copies of these reports to AGENCY on a daily basis. At the end of the month, the Monthly Summary Reports are due to AGENCY by the 8th calendar dav of the followinq month. 10.4. A daily office/dispatch log shall be maintained by CONTRACTOR of vehicle breakdowns, roadcalls, wheelchair lift boardings, missed and/or delayed trips (including cause), accidents, complaints (with attached forms and description of the problems and solutions), and compliments received. An incident report on any system collision, accident, or crime incident must be submitted to AGENCY. Customer service calls shall be logged in the daily office log. Daily office log shall be submitted weekly, prior to Thursday of the following calendar week. At -7- Lf -/ 05' the end of the month, the report is due by the 8th calendar dav of the followina month. 10.5. Accidents and incidents of a serious nature are to be reported to AGENCY immediately by telephone directly to AGENCY staff in accordance with AGENCY emergency notification procedures. 10.6. Utilizing Daily Trip Records and other relevant data sources, CONTRACTOR shall complete a monthly summary report. This report will include the following route data: passenger counts by fare category, if any, actual revenue miles ("revenue miles"), actual bus miles ('10tal miles"), number of vehicle service hours ("revenue hours"), actual vehicle hours ('10tal hours"), missed trip occurrences, missed trip mileage, and all totals. The report shall also include passenger incidents/accidents, vehicle collisions/accidents, roadcall information, security data, and complaints. Monthly summary report shall be submitted by CONTRACTOR to AGENCY prior to the 8th calendar dav of the followina calendar month. Spreadsheets used by CONTRACTOR to tally Monthly Summary Report shall be submitted to AGENCY with Monthly Summary Report. 10.7. A Monthly Management Report of operations and maintenance matters shall be submitted by the CONTRACTOR, which shaif include: 10.7.1. Safety-related issues and matters. 10.7.2. Any problems or opportunities that have arisen with suggested action. 10.7.3. Customer/public input received. 10.8. Computerization of all reports is required. All data reports must be submitted as Microsoft Excel files. Any other reports must be submitted as Microsoft Word or Microsoft Excel files. 11. MANAGEMENT AND LIAISON CONTRACTOR shall coordinate closely with AGENCY on project and operation status. CONTRACTOR shall also attend meetings with AGENCY staff as needed (no less frequently than monthly), and perform liaison activities with AGENCY. 12. FARES, TRANSFERS, AND REVENUE COLLECTION No fares will be collected during the base term of this agreement. 13. SPECIFIC LIQUIDATED DAMAGES From the nature of the services to be rendered, the CONTRACTOR and the AGENCY agree that it is extremely difficult to fix actual damages which may result from failure on the part of the CONTRACTOR to perform any of its obligations herein and the resulting loss to the AGENCY. The success of this Transportation Demand Management project depends on reliable and -8- '1-/ !J t" timely transportation. Therefore, both parties agree that the CONTRACTOR'S liability should be limited to, and fixed at, the sums stated in the table below, as liquidated damages and not as penalty. These liquidated damages may be deducted automatically by the AGENCY from CONTRACTOR invoices. The decision of the AGENCY, or its designated representative is final with respect to any assessment of liquidated damages. The AGENCY, or its designated representative may rely on information supplied by CONTRACTOR, by the public, or by staff, as well as by other means in determining assessment of liquidated damages. SPECIFIC LIQUIDATED DAMAGES PERFORMANCE MEASURE LlaUIDATED DAMAGES 1 CONTRACTOR is required to provide a $100 per calendar day for each day beyond the 14 calendar day before expiration performance bond or irrevocable letter of credit in of the pertonnance bondlirrevocable letter of credit that CONTRACTOR does not full force and effect at all times. nrovide AGENCY with a renewed bondlirrevocable letter of credit. 2 CONTRACTOR shall achieve a satisfactory rating $1,000 per occurrence for failure to achieve a satisfactory rating in any category of in all categories of the annual California Highway the annual California Highway Patrol Safety Compliance Report (CHP 343). Patrol SafelY Comoliance Reoort ICHP 343\. 3 CONTRACTOR shatl operate transit routes in $100 per occurrence for each unauthorized failure to operate transit routes in accordance with route descriDtions in Exhibit A. accordance with the route descrictions aiven in Exhibit A. 4 CONTRACTOR shall ensure every vehicle in $100 per occurrence for each incident in which a bus leaves the yard to enter revenue service has a functional wheelchair lift (or revenue service without a functional wheelchair lift (or ramp). ramn). 5 CONTRACTOR shall ensure wheelchair lift on $100 per occurrence for each incident in which the wheelchair lift or device does not every vehicle in revenue seNice is functional. function on a bus in revenue service. 6 CONTRACTOR is required to provide accurate $500 for each incident in which AGENCY finds that CONTRACTOR has inaccurately reporting of all data to AGENCY. including missed reported missed trips and mileage. trios and mileaoe B CONTRACTOR shall ensure vehicle in revenue $100 per incident in which CONTRACTOR fails to provide reliable and timely service follow the AGENCY -provided schedule. ~ervice: Departi~t~ time point prior to scheduled departure time; Departing Terminal startinn timamint more that 5 minutes late from scheduled decarture time. A. The assessment of liquidated damages and/or deductions as provided under this Agreement shall in no way relieve the CONTRACTOR of its obligation to provide sufficient service, buses or drivers, or to meet any of the terms of this Agreement. -9- L(-lo7 ATTACHMENT B 'f -JOg .~ ,. ~ ~ p-~ ~ ~ ~ ~ ~ PP"N " ~~ ~ ~ -g;~j'J t ~ ~~ -8 ;; ~ ~ b b PIV ~ ~- !> 9'~ '" ):; ~i'V ~ O~ g: C. R;~ ~ ~ 3: ~ ~ tC' b P";- '" 1>: "'~ ~ ~ ~ ~ ;; ~ ~ ~ g; ~ ~ ~ ~- ,.. 8 -~ " e -" .. -... N:"'" ~ ~ ~ ~-~ , b ;;: ~ - .8 ~- ~ -~- ~ ~ ~ 00.... 0 '" toIO ,,"00-0000 ~ ",' ".....i".;)- ~"~n- . ~8 1J8: ;; tC' b I> b ~ '" O>c.> f',)()> ~c.:o N " O~ ~ ,,- -- c.' if ~ ~ ~ ;; b b ": ~ 9'-:- '" P'F-' .-N ~ 8~ ~ " ~OI- ~ ~ ~ ~ ~ g ~ ~ .;;;~ b ~ !"- ,.. ;" Q ~ " ~ ~ ~ ~ ~ ~ b b ~ I> 1>- '" .. " " '" ON ~ g; ~ ~ ~ t- b ~ I>~ ~ !> ~ I> '" " " " " '" '" ~ ~ N@ - i:J ~ " ~ ~ 3 . , . . ~ "' . .. , ~ .. , Q . 3 ~ c i Q m ~ " ~ " ~ . ~ ? 01 <: < go b " . ~ ~ m '" . :I; . 3 . 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Q ~ COUNTY OF SAN DIEGO AIR rOLLUTION CONTROL BOARD WEDNESDAY, MARCH 12,2003 MINUTE ORDER NO. 1 SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (DISTRICT: ALL) OVERVIEW: This is a request to approve the 2002-03 Vehicle Registration Funding Allocation Plan (plan) and to appropriate $7,639,415 in funding to implement the Plan. The Air Pollution Control Air Quality Improvement Trust Fund receives vehicle registration funds of $2 per vehicle from on-road motor vehicles registered within the Air Pollution Control District (District), providing approximate annual revenues of$4.3 million, which is allocated biennially to projects that reduce motor vehicle emissions and to the District for related planning, monitoring, enforcement, and technical studies necessary for California Clean Air Act implementation. As of July I, 2002, $7,670,415 was available to fund the 2002-03 Plan, including $4,423,815 from the Air Quality Improvement Trust Fund and $3,246,600 from unrelated Power Generator Mitigation Fee funds ($3,171,400 for North County projects and $75,200 for South Bay school district projects). The Plan recommends funding for 52 emission reduction projects and one public education and outreach project. These 52 projects will remove approximately 1,081 tons of oxides of nitrogen and volatile organic compound (ozone precursors) emissions from the air over the life of the projects. Thirty-eight of these projects that reduce direct tailpipe emissions will also remove 82 tons of toxic diesel particulate matter. The Plan includes tables describing program funding, project funding requested, recommended funding allocations, cost-effectiveness, tons of emissions reduced, and total points and ranking for each project pursuant to Board-approved criteria (4/24/96 APCB #2), This is also a request to authorize the Air Pollution Control Officer to negotiate scopes of work, contracts, and payment schedules with project proponents and, if necessary, reallocate funding to other cost-effective projects if any projects approved for funding become ineligible or withdraw from the program. According to a current Memorandum of Understanding, the Plan was forwarded to the San Diego Association of Governrnents for review and comment. The Board has previously agreed (10/25/00 APCB #2) to give substantial weight to those comments when approving the Plan. The proposed comments indicate support of the 2002-03 Plan. A workshop was held January 13, 2003, and no major Issues were raised regarding funding recommendations. FISCAL IMPACT: Funds for this request are not budgeted. The funding sources are the Air Quality Improvement Trust fund balance and the Power Generator Mitigation Fee fund balance. If approved, this request will result in $7,639,415 current-year costs, no annual costs, and no additional staff years. Funding is $4,423,815 from the Air Quality Improvement Trust and $3,215,600 from the Power Generator /12/03 ,ir Pollution Control Board I (" )' '-1-" ' . ~ .' f '. Mitigation Fee fund. Of the $7,639,415 total, $7,477 ,700 is for ernissionreduction projects/contracts and $161,715 for a public educ!ltion and outreach project. Approximately $31,000 of Power Generator Mitigation Fee funds will remain unallocated because $75,200 is specifically for South Bay school districts and only one $44,200 project was submitted. RECOMMENDATION: AmPOLLUTIONCONTROLO~CER L Consider and weigh San Diego Association of Governments' comments on the 2002-03 Vehicle Registration Funding Allocation Plan. 2. Approve the 2002-03 Vehicle Registration Funding Allocation Plan projects totaling $7,639,415, including $7,477,700 for emission reduction projects and $161,715 for a public education and . outreach project 3. Establish appropriations of$4,423,815 in the Air Quality Improvement Trust fund for emission reduction projects and a public education and outreach project based on fund balance ITom prior- year revenues. (4 VOTES) 4. Establish appropriations of$3,215,600 in the Power Generator Mitigation Fee fund for emission reduction projects based on fund balance ITom mitigation fees paid by power plants during the energy crisis. (4 VOTES) S. Authorize the Purchasing and Contracting Director, in accordance with Article XXIII, Section 401 of the Administrative Code, to award contracts for approved emission reduction and public education and outreach projects, subject to negotiations and approval ofthe Air Pollution Control Officer, for a base period of up to five years, with two one-year options. 6. Authorize the Air Pollution Control Officer to reallocate funding to unfunded cost-effective projects if a project approved by this action becomes ineligible or withdraws from the program. ACTION: ON MOTION of Member Roberts, seconded by Member Horn, the Air Pollution Control Board took action as recommended, on Consent A YES: Cox, Jacob, Slater, Roberts, Horn State of California) County of San Diego )SS I hereby certify that the foregoing is a full, true and correct copy of the Original entered in the Minutes ofthe Air Pollution Control Board. . THOMAS J. PASTUSZKA Clerk of the Air Pollution Control Board 1bf&~"~ By Cl03 Pollution Control Board 2 !.( - J /1 "'C~'ERK OF THe BOARD :SI. DEPARTMENTIS) l~J . F1tiANCE DIRECTOR(S) ~ USE BLUE INK ONLY ~ REQUEST APPROPRIATION OF UNAN11CiPATEDIOVERREAUZED REVENUE REQUEST FOR CANCELLATION OF APPROPRlATlONSJEST1MATED REVENUE OTHER (SPECtFY) Appropriation of available fund balance CJ D QJ ORIGINATING UNIT Air Pollution Control District (8819) , OATE 3/1212003 REASON(S) FOR REQUEST: Appropriate fund balance for 2002..03 Vehicle Registration Funding Allocation Plan projects. IRANSFER FROM"" DEPT ~SFER TO" DEPT Air Pollution Control District NAMEIT~J ~ ~ (Sign OfDepa~t Head~Des ) LINDA FOX NAMEfTJTLE (Signature of Department Head or Designee) TRANSFER APPROPRIATIONS FROM OR BUDGET OVERRREAUZED I UNANTICIPATED REVENUE OR CANCEL APPROPRIATIONS FUND ORG. ACCOUNT TASK OPTION ACTMTY ACCOUNT DESCRIPTION AMOUNT 285002 881. 0780 Fund Balance $ 4.423.815 , TOTAL- $ 4,423,815 TRANSFER APPROPRIATIONS TO OR EST ABUSH APPROPRIATIONS OR CANCEL REVENUE FUND ORG. ACCOUNT TASK OPTION ACTfVrTY ACCOUNT DESCRIPTION AMOUNT 285002 881'J 3453 RR Contribution to other Agencies $ 4,423,815 TOTAL" $ 4.423,815 GROUP FINANCE DIRECTORl51 Qualifies for Auditor & Controller final approval pursuant to Administrative Manual Policy #0030-10. YES D NoD APPROVEO, YES D NO D FINANCE DIRECTOR DATE NO D ~.~ DATE NO D FINANCE DIRECTOR APPROVED: YES D FINANCE DIRECTOR DATE ODE SEC. 29125.29127 & 29130 1- NOTE: Totals must be aqual a"d funds must blllhll SOImL AUDITOR AND CONTROLLER BOARD ACTION G o Appropnations are available Unanticipated rennue will be earned under contr.Jctlgrctnt # G ~enueavailablefromfund" :J...g5o~ rr- Ove~alized revenue has been recorded o Appropriation contingent upon o Approve-d andlor OIuthorized by the BOOlrd of Supervisors of the County of 5an Diego. Da'eo .3-/01-03 Minute Order No. / A1fJ~ A Clerk of the Board of Supervisors By ~~ q(lC:<< L De-puly Clerk Appropriations and revenue are available for cancellation as requested. .-..--.- _.-------- {CaD )- Audrlcr Approval Onty Board Approval Required ............. ~.o~~~~~s...... .f f35!'tX~ '1 rlfo dl.,/;ibIO~ , , ............................. Auditor's No_ Name Title DBRA.SSFOR1ASATTACHED Dale '-'cao signature does nol c:onstitu!e Auditor approval. Form must be sIgned by Office of Financial Planning. J 1 J I ......' 7 -/ J ,? ----.- ----... ._.........~ ~ o QJ 3EPARmENT\S) RMANCE DIRECTOR(S) REQUEST FOR CANCELLATION OF APPROPRlATlONSIEST1MATED REVENUE OTHER (SPECIFY) Appropriate Fund Balance - USE BLUE INK ONLY - ORlGIHAl1NG UNIT Air Pollution Control District DATE 311212003 REASON(S) FOR REQUEST; App.-opriates fund balance for Vehicle Registration Funding Allocation Plan projects. '"TRANSFER FROM" DEPT "TRANSFER TO" OEn Air Pol1ution Conuo' Disbict <- L7 -""'- ~ /':: NAMElTlne NAME/" = , (Signature of Department Head or Designee) (Sl~=~ of Departmetrt H~~DeSlgn~ UND Ox. ChIef. Nr PoUutI Control TRANSFER APPROPRIATIONS FROM .QB BUDGET OVERRREAUZED I UNANTICIPATED REVENUE OR CANCEL APPROPRIATIONS FUND QRG_ ACCOUNT TASK OPTION ACTMTY ACCOUNT DESCRIPTION AMOUNT 285004 8821 0780 Mitigation Fee Revenue $ 3,215,600 TQTAL- $ 3,215,600 TRANSFER APPROPRIATIONS TO OR ESTABLISH APPROPRIATIONS OR CANCEL REVENUE FUND ORG. ACCOUNT TASK OPTION ACTMTY ACCC?UNT DESCRIPTION AMOUNT 285004 8821 3453 Contribution to Other Agencies $ 3,215,600 I TOTAL- $ 3,215,600 - NOTE: TotoJls must be equal and funds must be the $QfTIO_ ;ROUP FINANCE DIRECTOR(S) JalIfies fo,- Audttor & Controller final pJ"Oval pu,-suant to Adminisb'ative tnual Policy #0030-10. YES 0 NoD PROVED: YES 0 NO 0 o o AUDITOR AND CONTROLLER BOARD ACTION DATE Appropriations are available Unanticipated revenue will be ~iuned under contract/grant # g-- Re'lenue available from fund ,. 2 R500 Y o Dverrealized revenue has been recorded o Appropriation contingent upon o Approved ,lndlar authorized by the Board of SupervIsors of the County of San Diego. Oat.,3-/';-~ Minute Order No. / RP~f3 Cieri! of the Soan:! of Supervisors By, c?f9/~/l/0~ Deputy Clerk INANCe. DIRECiOR t?4ESe:r NO , ~~ o ~f(3 Appropriations and revenue are available for cancellation as requested. ..-- --.-- "lANCE QJRECiOR DATE Y- . ~ . . . . . ~ . . ~ . .. . . . . ... . . . . . . . . .. ~:::O"5 No <]~;~/t~ Title Oat. 01j.;{ ~I c)a' "-CBO signature does nof conslitute Audilor approval Form mllst be signed by Office of Financial Planning. (CBO ,_... Auditor Approval Only Board Approval Required 11 of Voles .............................. NANCE DIRECTOR 'ROVED: YES D DATE NO o OSRASS FORMS ATTACHED :. SEC. 29125-29127 & 29130 '-1-)/3 Air PollutioD Control Board NIl PIIlIIIII'I..-1m1IICI COUIITY Of SA. DIEGO Greg Cox Dianne Jacob Pam Slater Ron Roberts BiIlHom District I District 2 District 3 District 4 District 5 DATE: March 12, 2003 TO: San Diego County Air Pollution Control Board SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) SUMMARY: Overview This is a request to approve the 2002-03 Vehicle Registration Funding Allocation Plan (plan) and to appropriate $7,639,415 in funding to implement the Plan. The Air Pollution Control Air Quality Improvement Trust Fund receives vehicle registration funds of $2 per vehicle from on-road motor vehic;"s registered within the Air Pollution Control District (District), providing approximate annual revenues of $4.3 million, which is allocated biennially to projects that reduce motor vehicle emissions and to the District for related planning, monitoring, enforcement, and technical studies necessary for California Clean Air Act implementation. As of July I, 2002, $7,670,415 was available to fund the 2002-03 Plan, including $4,423,815 from the Air Quality Improvement Trust Fund and $3,246,600 from unrelated Power Generator Mitigation Fee funds ($3, I 7 I ,400 for North County projects and $75,200 for South Bay school district projects). The Plan recommends funding for 52 emission reduction projects and one public education and outreach project. These 52 projects will remove approximately 1,081 tons of oxides of nitrogen and volatile organic compound (ozone precursors) emissions from the air over the life of the projects. Thirty-eight ofthese projects that reduce direct tailpipe emissions will also remove 82 tons of toxic diesel particulate matter. The Plan includes tables describing program funding, project funding requested, recommended funding allocations, cost-effectiveness, tons of emissions reduced, and total points and ranking for each project pursuant to Board-approved criteria (4/24/96 APCB #2). This is also a request to authorize the Air Pollution Control Officer to negotiate scopes of work, contracts, and payment schedules with project proponents and, if necessary, reallocate funding to other cost-effective projects if any projects approved for funding become ineligible or withdraw from the program. According to a current Memorandum of Understanding, the Plan was forwarded to the San Diego Association of Governments for review and comment. The Board has previously agreed (10/25/00 APCB #2) to give substantial weight to those comments 9150 Chesapeake Drive - San Diego - California 92123-1096 - (858) 650-4700 FAX (858) 650-4659 - Smoking Vehicle Hotline - 1-800-28-SMOKE Lf-//tf SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) when approving the Plan, The proposed comments indicate support of the 2002-03 Plan. A workshop was held January \3, 2003, and no major issues were raised regarding funding recommendations. Recommendation(s) AIR POLLUTION CONTROL OFFICER 1. Consider and weigh San Diego Association of Governments' comments on the 2002-03 Yelllcle Registration Funding Allocation Plan. 2. Approve the 2002-03 Yelllcle Registration Funding Allocation Plan projects totaling $7,639,415, including $7,477,700 for errussion reduction projects and $161,715 for a public education and outreach project. 3. Establish appropriations of$4,423,815 in the Air Quality Improvement Trust fund for emission reduction projects and a public education and outreach project based on fund ba!ance fi-om prior-year revenues. (4 YOTES) 4. Establish appropriations of $3,215,600 in the Power Generator Mitigation Fee fund for emission reduction projects based on fund balance ITom rrutigation fees paid by power plants during the energy crisis. (4 YOTES) ,.. ;,,:' '~~'-'" "":"~'~'-' , -. '- 5. Authorize the Purchasing and Contracting Director, in accordance with. ArticJe xxm, Section 401 of the Administrative Code, to award contracts for approved emission reduction and public education and outreach projects, subject to negotiations and approval of the Air Pollution Control Officer, for a base period of up to five years, with two one-year options. 6. Authorize the Air Pollution Control Officer to reallocate funding to unfunded cost- effective projects if a project approved by this action becomes ineligible or withdraws fi-om the program. . Fiscal Impact Funds for tills request are not budgeted. The funding sources are the Air Quality Improvement Trust fund balance and the Power Generator Mitigation Fee fund balance. If approved, this request will result in $7,639,415 current-year costs, no annual costs, and no additional staff years. Funding is $4,423,815 ITom the Air Quality Improvement Trust and $3,215,600 fi-om the Power Generator Mitigation Fee fund. Ofthe $7,639,415 total, $7,477,700 is for emission reduction projects/contracts and $161,715 for a public education and outreach project. Approximately $31,000 of Power Generator Mitigation Fee funds will remain unallocated because $75,200 is specifically for South Bay school districts and only one $44,200 project was submitted. Business Impact Statement .2. Lf-//5' . SUBJECT: 2002-03 VEIDCLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) N/A Advisory Board Statement N/A BACKGROUND: Strategic Initiatives This proposal is in alignment with the Environment Initiative of the County's Strategic Plan because it reduces 1,163 tons of pollutants !Tom the air, helping the District carry out its mission to protect the public !Tom the harmful effects of air pollution, achieve and maintain air quality standards, and meet federal and state mandates. In addition, it aligns with the initiative to protect kids and provide safe and livable communities by funding projects that reduce unhealthy emissions and by funding public education and outreach projects that will educate thousands of schoolchildren and raise awareness of the driving public on ways to reduce pollution and improve the air we breathe. Mitigation Fee Revenue from Power Generation Mitigation Fees were paid by power generating plants for excess emissions !Tom operations during the state energy crisis. Approximately $6 million was previously approved for School Bus program projects and $1 million for Moyer program projects, leaving $3,171,400 for this allocation !Tom mitigation fees (plus interest) paid by the Cabrillo (Encina) plant for North County projects and $75,200 !Tom fees paid by the Duke Energy (South Bay) plant for South Bay school districts' projects. After this allocation, approximately $31,000 will remain for South Bay school districts' projects. This remainder plus future interest earned will remain in the mitigation fund for future allocations. The following chart shows projects recommended for funding. -3 - 4- J / tp SUBJECT: 2002-03 VEIDCLE REGISTRATION FUNDING ALLOCATION PLAN (District: Al\) CATEGORY 1 Applicant Project Description Funding Recommended Reonest FundiDp North County Transit District Purchase 30 CNG-Powered Buses $750,000 $750,000 Perry & Shaw Inc Repower CAT 824C Tractor 1983 $32,335 $32,335 City of San Diego Repower 18 Crane Carriers Refuse Trucks - 1996 $576,000 $576,000 Perry & Shaw IDe Repower International Truck S 190 1988 $14,085 $14,085 City of San Diego Repower 17 Crane Carriers Refuse Trucks - 1995 $544,000 $544,000 E L Yeager Construction Repower Wheel Scraper CAT 633D 1982 $36,471 $36,471 Bill Signs Trucking Repower PeterbuiJt 359 1985 $19,895 $19,895 Ryerson. Master & Associates Repower 13 Self-Propelled Lift-Equipment $428,600 $428,600 E L Yeager Construction Repower Wheel Scraper CAT 633D 1982 $61,721 $61,721 E L Yeager Construction Repower Wheel Loader CAT 992C 1984 $78,359 $78,359 E L Yeager Construction Repower Tractor CAT 773B 1981 $78,359 $78,359 E L Yeager Construction Repower Tractor CAT 773B 1987 $78,359 $78,359 E L Y -eager Construction RepowerTractor CAT 773B 1987 $78,359 $78,359 Perry & Shaw IDe Repower CAT 966E Loader 1988 $14,049 $14,049 E L Yeager Construction Repower Track-Type Tractor CAT D9L 1982 $73,207 $73,207 Bill Signs Trucking Repower Peterbuilt 359 1989 $54,600 $54,600 E L Yeager Construction Repower Track-Type Traclor CAT D9L 1987 $73,207 $73,207 E L Yeager Construction Repowa Track-Type Traclor CAT D9L 1984 $73,207 $73,207 Ryerson. Master & Associates Repower 14 Self-Propelled Lift Equipment $249,200 $249,200 E L Yeager Construction Repower Track-Type Tractor CAT D8L 1984 $65,177 $65,177 SD Environmental Foundation Purchase CNG- Powered Bus for Student Transport to RTC $143,000 $143,000 Valley Heights Ranch Repower Lift Truck with Low-Emission Engine $10,725 $10,725 Perry & Shaw loe Repower CAT DIO Tractor 1986 $73,208 $73,208 Perry & Shaw Inc Repower CAT D I 0 Tractor 1990 $73,208 $73,208 Witman Ranch Repower Straddle Lift with Low-Emission Engine $9,675 $9,675 E L Yeager Construction Repower Tractor CAT 772B 1990 $78,359 $78,359 E L Yeager Construction Repower Tractor CA. T 772B 1990 $78,359 $78,359 E L Yeager Construction Repower Track-Type Tractor CAT D I ON 1988 $73,208 $73,208 E L Yeager Construction RepowerTrack-Type Tractor CAT DION 1988 $73,208 $73,208 Pacific Independent Equipment Repower Wheel Scraper CAT 657E 1988 $134,295 $134,295 Pacific Independent Equipment Repower Wheel Scraper CA. T 657E 1989 $ 1)4,295 $ 1)4,295 Pacific Independent Equipment Repower Wheel Scraper CAT 657E 1989 $134,295 $134,295 W R Connelly Inc Repower Scraper CAT 675E 1995 $134,295 $ 1)4,295 W R Connelly Inc Repower Scraper CAT 675E 1995 $134,295 $134,295 W R Connelly Inc Repower Scraper CAT 675E 1996 $134,295 $ 1)4,295 W R Connelly Inc Repower Scraper CAT 675E 1996 $134,295 $134,295 W R Connelly loe Repower Scraper CAT 675E 1996 $ 1)4,295 $1)4,295 South Bav Union School District Purchase CNG-Powered Bus $44,220 $44,220 SUB-TOTAL CATEGORY I PROJECTS: $5,110,720 $5,110,720 CATEGORY 2 SANDAG San Diego Regional Vanpool $344,000 $344,000 Friendship Transportation Commuter Srvc - TemecuIa-Oceanside Transit Center $422,356 $105,589 ENRGIGreater SD Transportation Purchase 20 CNG-Powered Vans for Airport Shuttle Service $185,000 $185,000 Friendship Transportation Commuter Srvc - TemecuJa San Diego Commuter Service $1,478,246 $211,178 City orChula Vista Transportation Demand Management - Financial Incentives $222,498 $222,498 Friendship Transportation Commuter Service - Old Town Transit Crr-Linda Vista $411,890 $82,278 MTDB / NCTD Rail Connection - Sorrento Valley Coaster Connection $552,000 $552,000 City or Chula Vista Commuter Srvc - Express Bus Chula Vista to Downtown $134,927 $134,92 7 City orChula Vista Commuter Srvc - Express Shuttle Chula Vista to TroHey $56,900 $56,900 Friendship Transportation Rail Connection - Keamy Mesa COASTER Connection $418,500 $82,378 MTDB Commuter Srvc - Reverse Commute Bus Express Service $\00,000 $100,000 MTDB Purchase CNG-Bus for Chula Vista Nature Cntr Shuttle $135,000 $135,000 NCTD Commuter Srvc - Vista Business Park Employee Shuttle 5160,000 $\ \ \,732 MTDB/SANDAG Commuter STYe - Guaranteed Ride Home Prol!Tam $43,500 $43,500 SUB-TOTAL CATEGORY 2 PROJECTS: $4,664,817 $2,366,980 GRAND TOTAL: $9,775,537 $7,477,700 EMISSION REDUCTION PROJECTS RECOMMENDED -4- L( -I /7 SUBJECT: 2002-03 VElllCLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) ~:;:Db~)~ - ROBERT R. COPPER Deputy Chief Administrative Officer RICHARD J. SMI1H Air Pollution Control Officer Attachm~nts A. 2002-03 Vehicle Registration Funding Allocation Plan Table I - 2002-03 Vehicle Registration Allocation Plan Funding Plan Table 2 - Emission Reduction Projects Recommended Table 3 - Emission Reduction Projects Evaluated B. Memorandum of Understanding between the Air Pollution Control Board and San Diego Association of Governments (10/25/00 revision), C. San Diego Association of Governments' Comments D. Workshop Report .5. L( -/ / g SUBJECT: '2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) . AGENDA ITEM INFORMATION SHEET CONCURRENCE(S) COUNTY COUNSEL REVIEW Written disclosure per County Charter Section 1000.1 required [X] Yes [] Yes [X] Yes [X] Yes [X] Yes GROUP/AGENCY FINANCE DIRECTOR CHIEF FINANCIAL OFFICER Requires Four Votes GROUP/AGENCY INFORMATION TECHNOLOGY DIRECTOR [] Yes [] Yes [] Yes CHIEF TECHNOLOGY OFFICER DEPARTMENT OF HUMAN RESOURCES Other CODcurrence(s): Purchasing and Contracting Department [X] No [] N/A [] N/A [] No [X]N/A [X]N/A [X]N/A ORIGINATING DEPARTMENT: Air Pollution Control District, County of San Diego CONTACT PERSON(S): Richard J. Smith Name (858) 650-4500 Phone (858) 650-4G57 Fax 0176 Mail Station Richard.Smith@sdcounty.ca.gov E-mail AUTHORIZED REPRESENT A TNE: Richard J. Smith, Air Pollution Control Officer Lf --j /9 ," SUBJECT: 2002-03 VElllCLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) AGENDA 'ITEM INFORMATION SHEET (continued) PREVIOUS RELEVANT BOARD ACTIONS: December 12, 2001 (APCB #1), Combined Funds Emission Reduction Proposal; May 23,2001 (APCB #3), Vehicle Registration Funding Allocation Plan Issues; April 25, 2001 (APCB #3), FY 2000-01 Vehicle Registration Funding Plan; October 25, 2000 (APCB #2), Revised Memorandum of Understanding with SANDAG for Allocating Vehicle Registration Fees; April 24, 1996 (APCB #2), Vehicle Registration-Funded Project Evaluation Criteria, BOARD POLICIES APPLICABLE: N/A BOARD POLICY STATEMENTS: N/A CONTRACT NUMBER(S): N/A >'", '-." ..,..-- . 4 -120 SUBJECf: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) FISCAL IMPACf STATEMENT DEPARTMENT: Air Pollution Control District PROGRAM: Mobile Source Emission Reduction PROPOSAL: 2002-03 Vehicle Registration Allocation Funding Plan (Fund No. 285002) Revenue/Other Offset (a) (b) (c) Proposed Proposed Budgeted Change Revised Amount in Budgeted Cmrent Year For Proposal Amount Budget (a+b) $4,423,815 $4,423,815 $4,423,815 $4,423,815 FUTURE YEARS ESTIMATED BUDGET OF PROPOSAL IF ADOPTED (d) (e) 1st Subsequent Year 2nd Subsequent Year Direct Cost NET GENERAL FUND COST o o o o Staff Years o o o o . Sources of Revenue/Other Offset for Proposed Cbange and Subsequent Years: Air Quality Improvement Trust fund $4,423,815 $4,423.815 balance. Space-Related Impacts: Will this proposal result in any additional space requirements? [] Yes [X] N/A Support/Other Departmental Impacts: [] Yes [X] N/ A Remarks: [X] Yes [] N/A Funds for this request are not budgeted. The funding source is the Air Quality Improvement Trust fund balance. If approved, this request will result in $4,423,815 current-year costs, no annual costs, and no additional staff years. Tbe recommended actions will appropriate $4,262,100 ITom the Air Quality Improvement Trust fund balance for emission reduction projects ranked according to Board-approved criteria, which is weighted heavily toward cost- effectiveness, and $161,715 for a public education and outreach project. Appropriating and allocating these funds will have no impact on District operations. There is no net County cost associated with this action. L/-/21 '0. , SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) F1SCAL IMPACT STATEMENT DEPARTMENT: Air Pollution Control District PROGRAM: Mobile Source Enrission Reduction PROPOSAL: 2002-03 Vehicle Registration Allocation Funding Plan (Fund No, 285004) Staff Years FUTURE YEARS ESTIMATED BUDGET OF PROPOSAL IF ADOPTED (a) (b) (c) (d) (e) Proposed Proposed Budgeted Change Revised 1st 2nd AmOlWt in Budgeted Current Year Subsequent Subsequent For Proposal Amount Budget (a+b) Year Year 0 $3,215,600 $3,215,600 0 $3,215,600 $3,215,600 0 0 0 0 0 0 0 0 Direct Cost Revenue/Other Offset NET GENERAL FUND COST Sources of Revenue/Other Offset for Proposed Change a.nd Subsequent Years: Mitigation Fee fund balance $3,215,600 Space-Related Impacts: Will this proposal result in any additional space requirements? [] Yes [X] !'I/A Support/Other Departmental Impacts: [] Yes [X] !'I/A Remarks: [X] Yes [] !'I/A Funds for this request are not budgeted, The funding source is the Power Generator Mitigation Fee fund balance, If approved, this request will result in $3,215,600 current-year costs, no annual costs, and no additional staff years, The recommended action will appropriate and allocate $3,215,600 to emission reduction projects ranked according to Board-approved ctiteria, which is weighted heavily toward cost-effectiveness, By the terms of the mitigation fee agreements, $3,171,400 is available for North County projects and $75,200 for the South Bay school districts' projects, Only one South Bay school district submitted a project for $44,200, so $3 I ,000 remains for future allocation. A total of $9,961 ,850 in mitigation funds was coIlected in fiscal years 2000-01 and 2001-02 for emission reduction projects to offset excess emissions tram power plants during California's energy crisis. Subsequ.ently, approximately $6 million was allocated to replace older diesel school buses and retrofit newer diesel buses to reduce harmful emissions, and $1 million was allocated for Moyer projects to replace or repower heavy-duty diesel engines with cleaner engines. With approval of this allocation, more than $10 million in mitigation fees pJus earned interest has been allocated, Approximately $31,000 remains for South Bay school districts' projects, Appropriating and a]Jocating these funds wi]J have no impact on District operations, There is no net County cost associated with this action. Lf-I2--z. THE ATTACHED AGREEMENT HAS BEEN REVIEWED AND APPROVED AS TO FORM BY THE CITY ATTORNEY'S OFFICE AND WILL BE FORMALLY SIGNED UPON APPROVAL BY THE CITY COUNCIL o,~ ~~ C-/ Ann Moore City Attorney Dated: '7 As- / oS- 2002/2003 Vehicle Registration Fund Grant Contract with the City ofChula Vista Commuter Service Program Chula Vista Express Bus to Trolley L/ -/ 23 A7rrKlf.M.b~'VT:;- 200212003 VEHICLE REGISTRATION FUND GRANT CONTRACT WITH CITY OF CHULA VISTA COMMUTER SERVICE PROGRAM - CHULA VISTA EXPRESS BUS TO TROLLEY Contract No. THIS AGREEMENT is made and entered into this _ day of , 2005, by and between the San Diego County Air Pollution Control District, a special district existing by virtue of the laws of the State of California, hereinafter called "APCD," and City of Chula Vista, a municipal corporation existing under the laws of State of California, with a business address of Planning & Building Department, 276 Fourth Avenue, Chula Vista, CA 91910, hereinafter called "CONTRACTOR." RECIT ALS: WHEREAS, the APCD BOARD, by its action on March 12, 2003, (APCD Minute Order No. I), approved the 2002/2003 Vehicle Registration Funding Allocation that included the CONTRACTOR's Commuter Service Program - Chula Vista Express Bus to Trolley ("the Project"), and authorized the Director of Purchasing and Contracting, pursuant to 9401 of Article XXIII of the San Diego County Administrative Code, to negotiate a grant service contract; and WHEREAS, APCD desires such services to be provided in accordance with the CONTRACTOR's Scope of Work dated June 29, 2005, attached hereto as Exhibit A, and whereas the CONTRACTOR agrees to provide the services subject to the following additional conditions; and WHEREAS, CONTRACTOR possess certain skills, experience, education, and competency to perform special and/or acquire the required services. NOW THEREFORE, in consideration of the promises, and mutual covenants and agreements herein contained, it is agreed as follows: PART I. STANDARD TERMS & CONDITIONS 1. TERM OF AGREEMENT The term of this Agreement shall commence effective on the date of this Agreement, and continue for three (3) years following the final payment to CONTRACTOR under the terms of this Agreement during which time CONTRACTOR shall provide services described herein. L/ -) 2'1 APCD understands that CONTRACTOR may terminate this agreement for convenience pursuant to Paragraph 7; and in any event, shall have no duty to continue the Project two years after it begins or after all grant funds have been expended (whichever occurs first). 2. DEFINITIONS 2.1 "County" shall mean the County of San Diego and shall be used interchangeably with APCD. 2.2 "APCD" shall mean the Air Pollution Control District and shall be used interchangeably with the County of San Diego. 2.3 "CONTRACTOR" shall mean City ofChula Vista. 2.4 "Contracting Officer" shall mean the Director, San Diego County Purchasing & Contracting Department or his designate. 2.5 "Contracting Officer's Technical Representative" ("COTR") shall mean the Deputy Director of the San Diego County Air Pollution Control District or his designate and shall be used interchangeably with the term "Contract Administrator." 2.6 "Major Equipment" shall include, but is not limited to, movable personal property of relatively permanent nature, having a useful life of three years or longer and of significant value, $1,000 or over. 3. AFFIRMATIVE ACTION 3.1 The CONTRACTOR shall comply with the requirements of the County's Affirmative Action Program as set forth in Article IIIk (commencing at 284) of the San Diego County Administrative Code, attached to this agreement as Exhibit B, unless specifically exempted in accordance with the Article's rules and regulations. A copy of this Affirmative Action Program will be furnished upon request by the County of San Diego Contract Compliance Office, 1600 Pacific Highway, Room 208, San Diego, CA 92101. 3.2 CONTRACTOR will not discriminate against any employee, or against any applicant for such employment, because of age, race, color, religion, gender, physical handicap, ancestry, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of payor other forms of compensation; and selection for training, including apprenticeship. 4. CONDUCT OF CONTRACTOR 4.1 The CONTRACTOR agrees to inform APCD/County of all the CONTRACTOR's interests, if any, which are or which the CONTRACTOR believes to be incompatible with any interests of APCD/County relating to this contract. 2 L/-125 4.2 The CONTRACTOR shall not, under circumstances that might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the CONTRACTOR is doing business or proposing to do business, in accomplishing the work under the contract. 4.3 The CONTRACTOR shall not use for personal gain or make other improper use of privileged information that is acquired in connection with his employment. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official announcement. 4.4 The CONTRACTOR or employees thereof shall not offer gifts, gratuity, favors, or entertainment directly or indirectly to APCD/County employees. 5. PROHIBITED CONTRACTS Pursuant to ~67 of the San Diego County Administrative CoJe CONTRACTOR and APCD/ County certify that the provisions of said g67 have not been violated, and that CONTRACTOR is not, and will not subcontract with, any of the following: 5.1 Persons employed by APCD/County or of public agencies for which the Board of Supervisors is the governing body; 5.2 Profit-making firms or businesses in which employees described in 'J[5.1 above serve as officers, principa]s, partners or major shareholders; 5.3 Persons who, within the immediately preceding twelve (12) months came within the provisions af 'J[5.1 above and who (I) were employed in positions of substantial responsibility in the area of service to be performed by the contract, or (2) participated in any way in developing the contract or its service specifications; and 5.4 Profit-making firms or businesses in which the former employees described in Paragraph 5.3 serve as officers, principals, partners, or major shareholders. 6. TERMINATION FOR DEFAULT Upon CONTRACTOR's breach of this Agreement, APCD/County shall have the right to terminate this Agreement, in whole or part. Prior to termination for default, APCD/County will send CONTRACTOR written notice specifying the cause. The notice will give CONTRACTOR 10 days from the date the notice is issued to cure the default or make progress satisfactory to APCD/County in curing the default, unless a different time is given in the notice. If APCD/County determines that the default contributes to the curtai]ment of an essential service or poses an immediate threat to life, health or property, APCD/County may terminate this Agreement immediately upon issuing oral or 3 L/-/2b written notice to the contractor without any prior notice or opportunity to cure. In the event of termination under this Article, all finished or unfinished documents, and other materials, prepared by CONTRACTOR under this Agreement shall become the sole and exclusive property of APCD/County. In the event of such termination, the APCD/County may purchase or obtain the supplies or services elsewhere, and CONTRACTOR shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the APCD/County. The prevailing market price shall be considered the fair repurchase price. If, after notice of termination of this Agreement under the provisions of this Article, it is determined for any reason that the CONTRACTOR was not in default under the provisions of this Article, the rights and obligations of the parties shall, if this Agreement contains a clause providing for termination for convenience of the APCD/County, be the same as if the notice of termination had been issued pursuant to such clause. The rights and remedies of APCD/County provided in this Article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 7. TERMINATION FOR CONVENIENCE Notwithstanding any provision of this Agreement to the contrary, APCD/County or CONTRACTOR may, by written notice stating the extent and effective date, terminate this contract for convenience in whole or in part, at any time. The written notice shall be received by the other party at least thirty (30) days before the termination's effective date. APCD/County shall pay the CONTRACTOR as full compensation for performance until such termination: 7.1 The unit or pro rata price for the delivered and accepted portion of the work. 7.2 In no event shaH APCD/County be liable for any loss of profits on the resulting order, or portion thereof, so terminated. 7.3 The rights and remedies of APCD/County provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order. 8. CONTRACT ADMINISTRATION The Director of Purchasing and Contracting is the designated Contracting Officer and is the only APCD/County official authorized to make any changes to this agreement. APCD/County has designated the following individual as the Contract Administrator: Marsha Ventittelli, Air Quality Contracts Coordinator, Air Pollution Control District, 9150 Chesapeake Drive, San Diego, CA 92123-1096. The Contract Administrator will chair contractor progress meetings and will coordinate APCD's contract administrative functions. The Contract Administrator is designated to receive and approve CONTRACTOR invoices for payment, audit and inspect records, inspect contractor services, and provide other technical guidance as 4 L( -/27 required. The Contract Administrator is not authorized to change any terms and conditions of the Contract. Changes to the Statement of Work will be made only by APCD/County and/or the Contracting Officer issuing a properly executed Change Order modification. 9. NOTICE Any notice or notices required or permitted to be given pursuant to this Agreement may be personally served on the other party by the party giving such notice, or may be served by certified mail, postage prepaid, return receipt requested, to the following addresses: 9.1 Attention: Marsha Ventittelli, Air Quality Contracts Coordinator, Air Pollution Control District, 9150 Chesapeake MS 0-176, San Diego, CA 92123. 9.2 Attention: Daniel W. Forster, Program Manager, Planning & Building Dept., 276 Fourth Avenue, Chula Vista, CA 91910. 10. DISPUTES Notwithstanding any provision of this Agreement to the contrary, the Contracting Officer shall decide any dispute concerning a question of fact arising out of this Agreement that is not otherwise disposed of by the parties within a reasonable period of time. The decision of the Contracting Officer shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent, capricious, arbitrary or so grossly erroneous as necessarily to imply bad faith. Contractor shall proceed diligently with its performance hereunder pending resolution by the Contracting Officer of any such dispute. Nothing herein shall be construed as granting the Contracting Officer or any other administrative official, representative or board authority to decide questions of law. 11. CHANGES The Contracting Officer may at any time, by written order, make changes within the general scope of work of this contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.} and place of performance thereof. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under this contract, whether changed or not changed by any such order, an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the CONTRACTOR for adjustment under this clause must be asserted within 30 days from the date of receipt by the CONTRACTOR of the notification of change; provided, however, that the Contracting Officer, if he decides that the facts justify such action, may receive and act upon any such claim asserted at any time prior to final payment under this contract. Where the cost of property made obsolete or excess as a result of a change is included in the CONTRACTOR's claim for adjustment, the 5 Lf-/u Contracting Officer shall have the right to prescribe the manner of ilisposition of such property. Failure to agree to any adjustment shaH be a dispute concerning a question of fact within the meaning of the clause of this contract entitled "Disputes." However, nothing in this clause shall excuse the CONTRACTOR from proceeding with the contract as changed. 12. INDEMNIFICATION & DEFENSE 12.1 APCD/County and its officers agents and employees shall not be liable for, and CONTRACTOR agrees for itself, its officers, employees, subcontractors, consultants, licensees, tenants and volunteers to defend and indemnify APCD/County and its officers, agents and employees against any and all claims, demands, liability, judgments, awards, fines, mechanics' liens or other liens, labor ilisputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys fees' and court costs (hereinafter collectively referred to as "Claims"), which arise out of or are in any way connected to the work or Equipment covered by this Agreement arising either directly or indirectly from any act, error, omission or negligence, whether active or passive, of CONTRACTOR o. its officers, employees, subcontractors, consultants, licensees, invitees, tenants and volunteers including, without limitation, Claims caused by the concurrent negligent act, error or omission, whether active or passive, of APCD/County or its officers, agents and employees. However, CONTRACTOR shall have no obligation to defend or indemnify APCD/County from a Claim if it is detennined by a court of competent jurisdiction that such Claim was caused by the sole negligence or willful misconduct of APCD/County or its officers, agents or employees. 12.2 CONTRACTOR agrees to include in any subcontract relating to work or services under this contract a provision in which the subcontractor shall agree to defend and indemnify APCD/County and its officers, agents. and employees against all Claims and under the same terms as set forth in 'i12.l above. . 13. INSURANCE Without limiting the CONTRACTOR's indemnification of APCD/County, CONTRACTOR shall provide and maintain at its own expense, during the term of this contract and beyond, the following insurance coverage and provisions or proof of participation in any self-funded program as foJlows: 13.1 Proof of Insurance Within ten (10) working days following receipt of notice that a contract has been awarded, CONTRACTOR shaJl submit Certificates of Insurance and appropriate separate endorsements to the actual insurance policy, or proofs of participation in any self-funded program evidencing that CONTRACTOR has obtained, for the period of the contract, insurance in the following forms of 6 4- Z~ coverage and minimum amounts specified. True and certified copies of the insurance policies will be made available to APCD/County with fifteen (15) days notice. 13.2 Notice of Cancellation for Change of Coverage Insurance afforded by the policies or self-funded program shall not be canceled or changed so as to no longer meet the herein specified APCD/County insurance requirements without thirty (30) days prior written notice of such cancellation or change being delivered to APCD/County. 13.3 Qualifying Insurers All coverages shall be issued by companies which hold a current policy holder's alphabetic and financial size category rating of not less than A, VII according to the current Best's Key Rating Guide or a company of equal financial stability that is approved by APCD/County's Risk Manager. All coverages shall be issued by companies currently authorized to transact business in the State of California. 13.4 Special Provisions The herein requirements as to the types and limits of insurance coverage to be maintained by the CONTRACTOR, and any approval of said insurance by APCD/County, or their insurance consultant(s) are not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by CONTRACTOR pursuant to this contract, including, but not limited to, the provisions concerning indemnification. APCD/County reserves the right to withhold payments to CONTRACTOR in the event of material non-compliance with the insurance requirements outlined. 13.5 Insurance 13.5.1 Statutory Workers' Compensation and Employer's Liability Insurance for not less than one million dollars ($1,000,000) per occurrence for all employees engaged in services or operations under this contract. 13.5.2 General Liability - for bodily injury (including death) and property limits as follows: 13.5.2.1 Commercial General Liability General Aggregate Products/Completed Operations Personal & Advertising Injury Per Occurrence $1,000,000 $1,000,000 $1,000,000 $1,000,000 OR 13.5.2.2 Comprehensive General Liability - for bodily injury (including death) and property damage, which provides limits of not less than one million dollars ($1,000,000) combined single limit (CSL) per occurrence. 13.6 Claims Made Coverage 7 tf -/30 If coverage is written on a "claims made" basis, the Certificate of Insurance shaH clearly so state. In addition to the coverage requirements specified above, such policy shaJl provide that: (a) The policy retroactive date coincides with or precedes CONTRACTOR's commencement of work under the Agreement (including subsequent policies purchased as renewals or replacements). (b) CONTRACTOR will make every effort to maintain similar insurance during the required extended period of coverage following expiration of the Agreement, including the requirement of adding all additional insureds. (c) If insurance is terminated for any reason, CONTRACTOR shal1 purchase an extended reporting provision of at least two (2) years to report claims arising in connection with the Agreement. Cd) The policy allows for reporting of circumstances or incidents that might give rise to future claims. 13.7 Vehicle Liability 13.7.1 Bodily injury (including death) & Property Damage per occurrence in the amount of $1,000,000. 13.7.2 This insurance shall be applicable to all owned, non-owned and hired vehicles used in the execution of this contract and shall include Contractual Liability. 13.8 "Additional Insured" Coverage 13.8.1 For all types of insurance required above, coverage shall include an Additional Insured Endorsement. Insurance afforded by each policy shal1 apply to APCD/County, the members of the Board of Supervisors of the County of San Diego and the Air Pollution Control Board for the County of San Diego, individually and collectively, and the officers, agents employees and volunteers of the County of San Diego and APCD, individuaJly and collectively, as additional insured parties. 13.8.2 CONTRACTOR further agrees to require that the parties listed in '113.7.1 above be named as additional insured parties in all policies of liability coverage required by this agreement or by CONTRACTOR to be obtained by its subcontractors, licensees, invitees, tenants or volunteers. 13.8.3 The coverage afforded by the additional insured endorsement described above shall apply as primary insurance, and any other insurance maintained by the County, the members of the Board of Supervisors of the County and the Air Pollution Control Board of the County, or its officers, agents employees and volunteers, or any County self- funded program, shall be excess only and not contributing with such coverage. 13.9 Waiver of Subrogation 8 ,./~I CONTRACTOR and APCD/County release each other, and their respective authorized representatives, from any Claims (as defined in Section 12 entitled "Indemnification and Defense" of the Agreement), but only to the extent that the proceeds received from any policy of liability insurance carried by APCD/County or CONTRACTOR, other than any self-insurance, covers any such Claim or damage. Included in any policy or policies of liability insurance provided by CONTRACTOR hereunder shall be a standard waiver of rights of subrogation against APCD/County by the insurance company issuing said policy or policies. 13.10 Notice of Cancellation or Change of Coverage All certificates of insurance provided by CONTRACTOR must evidence that the insurer providing the policy will give APCD/County thirty (30) days written notice, at the address shown in the section of the Agreement entitled "Notice," in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance. 13.11 SelfInsurance CONTRACTOR may, with prior written consent of the County's Risk Manager, fulfill some or all of the insurance requirements contained in the Agreement under a plan of self-insurance. CONTRACTOR shall only be permitted to utilize such self-insurance, however, if, in the opinion of the County's Risk Manager, CONTRACTOR's (i) net worth, and (ii) reserves for payment of claims of liability against CONTRACTOR, are sufficient to adequately compensate for the lack of other insurance coverage required by the Agreement. CONTRACTOR's utilization of self-insurance shall not in any way limit liabilities assumed by CONTRACTOR under the Agreement. 13.12 Subcontractor's Insurance CONTRACTOR shall make certain that any and all subcontractors hired by CONTRACTOR are insured to current industry standards for form and limits. If any subcontractor's coverage does not comply with the foregoing provisions, CONTRACTOR shall indemnify and hold APCD/County harmless of and from any damage, loss, cost, or expense, including attorneys' fees, incurred by APCD/County as a result thereof. CONTRACTOR shall include subcontractors under its policies or shall furnish separate certificates of insurance and endorsements for each subcontractor. 13.13 Policv Review APCD/County shall retain the right at any time to review the coverage, form and amount of insurance acquired herein and may require CONTRACTOR to obtain insurance sufficient in coverage, form and amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. APCD/County shall be reasonable. APCD/County retains the right to receive a true and certified copy of any insurance required herein with fourteen (14) days notice. 9 Lf- /32 13.14 Deviations from Contractual Insurance Requirements All deviations from the contractual insurance requirements stated herein must be approved by County Risk Management. 14. OWNERSHIP OF THE BUSES 14.1 Purpose APCD/County and CONTRACTOR acknowledge that the funds are being provided to subsidize the City of Chula Vista Commuter Service Program - Chula Vista Express Bus to Trolley as specified in the Statement of Work. 14.2 Ownershiu of the Buses APCD/County and CONTRACTOR agree that ownership of the buses is with the CONTRACTOR, or its designee that has been approved by APCD and has entered into an Agreement with CONTRACTOR. 15. BUS MAINTENANCE The CONTRACTOR, or its designee that has been approved by APCD and has entered into an Agreement with CONTRACTOR, must provide, at its expense, preventative maintenance and repair contracts or service contracts on all of the buses used in the City of Chula Vista Commuter Service Program - Chula Vista Express Bus to Trolley service. Such contracts must be provided by the CONTRACTOR itself or by reputable companies generally known to have such expertise. 16. AUDIT AND INSPECTION OF RECORDS 16.1 General APCD/County shall have the audit and inspection rights described in this section. 16.2 Cost. Pricing and Performance Data The Contracting Officer or his representatives who are employees of APCD/COUNTY or its agent shall have the right to examine all books, records, documents and other data of the CONTRACTOR related to the cost or negotiation pricing or performance of this contract, or any subcontract made hereunder, or any change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing or performance data submitted. 16.3 The Contracting Officer or his representatives who are employees of APCD/ County or its agent shall also have the right to examine all records and data and other information relating to any cost and relevant information that is submitted for reimbursement that is reasonably related to the direct and indirect costs of performing the services in the Statement of Work. 16.4 Availabilitv 10 4-/3a The materials described above shall be made available at the office of the CONTRACTOR, during normal business hours, for inspection, audit or reproduction, until the expiration of 3 years from the date of final payment under this contract, or by (1) and (2) below: (1) If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three years from the date of any resulting final settlement. (2) Records that relate to appeals under the "Disputes" clause of this contract, or litigation or the settlement of claims arising out of the performance of this contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after contract completion, whichever is longer. 16.5 The CONTRACTOR shall insert a clause containing all the provisions of this clause 17 in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under APCD/ County's prime contract. 17. PATENT AND COPYRIGHT INFRINGEMENT The contractor shall report to the Contracting Officer, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of this contract of which the contractor has knowledge. 18. PERMITS, NOTICES, FEES AND LAWS The CONTRACTOR shall, at its own expense, obtain all permits and licenses, give all notices, pay all fees, and otherwise comply with all State and Federal statutes, ordinances, rules and regulations pertaining to work and to the preservation of the public health and safety. 19. AIR, WATER POLLUTION CONTROL, HEALTH AND SAFETY Contractor shall comply with all State and Federal air and water pollution control, health and safety statutes, ordinances, rules and regulations that apply to the work performed under this contract. 20. FINDINGS CONFIDENTIAL Any reports, information, data, etc., given to or prepared or assembled by the CONTRACTOR under this Agreement which APCD/County requests to be kept as confidential shall not be made available or disclosed to any individual or organization by the CONTRACTOR without the prior written approval of APCD/County, except; (a) as required to by other funding sources for the pool, (b) as may be necessary to perform the Statement of Work, or (c) as may be otherwise required by law, including, without limitation, the California Public Records Act, Government Code &6250 et seq. 11 Lf -j 3l( 21. PUBLICA nON, REPRODUCTION AND USE OF MA TERlAL No material produced, in whole or in part, under this Agreement shall be subject to copyright in the United States or in any other country. Except as provided in Article 19 above, APCD/County and CONTRACTOR shaH have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 22. INDEPENDENT CONTRACTOR It is agreed that CONTRACTOR shall perform as an independent contractor under this Agreement. CONTRACTOR is, for all purposes arising out of this Agreement, an independent contractor, and shall not be deemed an employee of APCD/COUNTY. It is expressly understood and agreed that CONTRACTOR and its employees and any subcontractors and their employees shall in no event be entitled to any benefits to which permanent APCD/COUNTY employees are entitled, including, but not limited to., overtime, any retirement benefits, workers' compensation benefits, and leave benefits. . 23. SUBCONTRACT FOR WORK OR SERVICES Except for SANDAG and CONTRACTOR's transit services provider (which have already been approved), no subcontract shall be made by the CONTRACTOR with any party for furnishing any of the work or services herein contained without the prior written approval of the Contract Administrator; but this provision shall not require the approval of contracts of employment between the CONTRACTOR and its own personnel assigned for services thereunder, or for parties named and agreed to herein. CONTRACTOR is reminded that it is APCD/County policy to encourage the participation of minority business enterprises. This includes assurance that, if feasible, minority firms are solicited, or where feasible, includes dividing the requirement into smaller units for the purpose of providing for greater minority participation, or the establishment of delivery and payment schedules that will facilitate participation by minority businesses. Each subcontract shall include a hold harmless clause for subcontractors as specified in Section 12. INDEMNIFICATION & DEFENSE and the required insurance amounts as specified in Section 13. INSURANCE, hereinabove. 24. DRUG & ALCOHOL-FREE WORK PLACE APCD/County of San Diego, in recognition of individual rights to work in a safe, healthful and productive work place, has adopted a requirement for a drug and alcohol free work place, APCD/County of San Diego Drug and Alcohol Use Policy C-25. This policy provides that all APCD/County employed Contractors and Contractor employees and their employees shaH assist in meeting this requirement. . 12 if -/B5 24.1 As a material condition of this agreement, the CONTRACTOR agrees that the CONTRACTOR and its employees and subcontractors and their employees, while performing service for APCD/County, on APCD/County property, or while using APCD/County equipment: 24.1.1 Shall not be in any way impaired because of being under the influence of alcohol or a drug. 24.1.2 Shall not possess an open container of alcohol or consume alcohol or possess or be under the influence of an illegal drug. 24.1.3 Shall not sell, offer, or provide alcohol or a drug to another person. Item 24.1.3 shall not be applicable to a Contractor or Contractor employee who, as part of the performance of normal job duties and responsibilities prescribes or administers medically prescribed drugs. 24.2 The Contractor shall inform all employees who are performing services for APCD/County or on APCD/County property or using APCD/County equipment, of the APCD/County objective of a safe, healthful and productive work place and the prohibition of drug or alcohol use or impairment from same while performing such service for APCD/County. 24.3 APCD/County may Terminate for Default or Breach this Agreement and any other Agreement the CONTRACTOR has with APCD/County, if the CONTRACTOR, or its employees are determined by the Contracting Officer not to be in compliance with the conditions of 24.1 above. PART II. FISCAL 25. COMPENSATION OF CONTRACTOR 25.1 Amount APCD/County agrees to pay CONTRACTOR a total sum not to exceed $56,900 for the City of Chula Vista Commuter Service Program - Chula Vista Express Bus to Trolley as specified in the attached Statement of Work. In exchange, CONTRACTOR agrees to perform the services described in the Agreement and the attached Statement of Work. This agreement does not commit funding or services for the Express Commuter Bus Service or Financial Incentives Project described in the attached Statement of Work; such funding and services are covered in separate agreements between APCD and CONTRACTOR. 25.2 Reimbursement for Claim for Services Unless otherwise provided in the Statement of Work, in consideration for services performed by CONTRACTOR under this Agreement, APCD/County will pay CONTRACTOR by reimbursing CONTRACTOR for expenses as stated on each invoice, provided total amount of invoices does 13 '1-/ Bb not exceed $56,900. The amount of each invoice submitted by the CONTRACTOR is subject to a determination of a fair and reasonable price by the Contract Administrator. 25.3 Withholding of Payment APCD/County may withhold final payment until final reports required under this Agreement are received and approved by APCD/County. APCD/County may also withhold payment where Contractor is in non-compliance with this Agreement, but must release payment otherwise due CONTRACTOR upon CONTRACTOR taking necessary steps to complete compliance. 26. DISALLOWANCE In the event CONTRACTOR claims and receives payment from APCD/County for reimbursement of equipment and/or services that are later disallowed by APCD/County, CONTRACTOR shall then promptly refund the disallowed amount to APCD/County upon request. At its option, the APCD/County may offset the amount disallowed from any payment due or to become due to the CONTRACTOR under this Agreement or another agreement. Similarly, a disallowance under another agreement may be offset against this Agreement. 27. FULL COMPENSATION Pending any cost adjustments, each claim so approved and paid shall constitute full and complete compensation to CONTRACTOR for the period covered by the claim. It is expressly understood and agreed that this Agreement constitutes the entire agreement of CONTRACTOR and APCD/County and in no event shall Contractor be entitled to any compensation, benefits, reimbursements or ancillary services other than as herein expressly provided. 28. PARTIAL PERFORMANCE In the event less than all services are performed in a proper and timely manner, CONTRACTOR shall be paid only the reasonable value of the services performed during the payment period as determined by the Contract Administrator. 29. RETENTION OF RECORDS The CONTRACTOR and any and all subcontractors shall be required to retain all financial records and administrative documents relative to this Agreement in accordance with Section 16, Audit and Inspection of Records, and in accordance with" applicable APCD/County, State, and Federal statutes, regulations, ordinances and policies. All such records shall be returned to the APCD/County should CONTRACTOR become defunct or close doing business, prior to limitations set forth in such statutes. PART III. REPORTING REQUIREMENTS 14 L/-/37 30. INVOICING APCD/County intends to make payments on grant eligible items and activities upon receipt of invoices as provided in the Statement of Work. CONTRACTOR should attach all necessary receipts and other expenditure documentation with its invoices. APCD/County reimbursement to CONTRACTOR will be made on the basis of the submitted invoices. 31. PROGRESS REPORTS CONTRACTOR shall submit quarterly reports, with monthly invoices, during the two (2) years of the City of Chula Vista Commuter Service Program - ChuIa Vista Express Bus to Trolley funding as specified in Statement of Work. A yearly report will be submitted to APCD/County for three (3) years following final payment (if the Project is not discontinued) that include objectives achieved; activities performed; incentive amount paid to commuters; further development of project and recommendations for project improvement. 32. FINAL REPORT CONTRACTOR shall submit a final report to APCD/County within thirty (30) days of grant program funding end date. This report shall include the following: 32.1 Table of Contents. 32.2 A summary of the objectives achieved as they relate to the project Statement of Work. 32.3 A summary of the activities performed and the total amounts expended on the project. 32.4 Any findings, conclusions or recommendations for follow-up or ongoing activities that might result from successful completion of this project. 32.5 A statement, if applicable, of future intent of the public and/or private support to maintain or further develop the project. 32.6 A consolidated list of subcontractors, funded under this Agreement (in part of whole). Include the name, address, concise statement of work performed, time period and value of each subcontract. 32.7 A summary of project successes that provide measurable results. A summary of project failures or shortcomings, reasons. and necessary remedial activities. Review comments shall be prepared and transmitted by the APCD/County to the Contractor within 30 days of receipt of the draft version of the final report. After incorporating the APCD/County's comments, the Contractor shall submit to the Contract Administrator three copies of the final report no later than 60 days after receipt of APCD/ County's comments. APCD/County reserves the right to use and reproduce ail reports and data produced and delivered pursuant to this Agreement, and reserves the right to authorize others to use or reproduce such material. Failure to comply with the reporting requirements specified above may result in termination of this Agreement or 15 L/~/52 suspension of an y or all outstanding payment requests until such a time as the Contractor has satisfactorily completed the reporting provisions. 33. SEVERABILITY Should any part of this agreement be held to be invalid by a court of competent jurisdiction, the remainder of the agreement shall be considered as the whole agreement and be binding on the contracting parties. 34. GOVERNING LAW This contract shall be construed and interpreted according to the laws of the State of California. 35. AGREEMENT This Agreement, including the exhibits attached hereto, constitutes the entire agreement by and between the CONTRACTOR and APCD/County with respect to the services described herein and supersedes all other additional communications, both written and oral. Both parties, by their authorized signatures, acknowledge that they have read, understand and agree to all the terms and conditions of this Agreement. 36. APCD RECOGNITION CONTRACTOR agrees to recognize APCD/County as a funding source on all promotional materials prepared for the project. IN WITNESS WHEREOF, APCD/County and CONTRACTOR have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: FOR CITY OF CHULA VISTA FOR APCD & COUNTY: By: David D. Rowlands, Jr., City Manager Winston F. McColl, Director Purchasing & Contracting Date: Date: Approved as to form by: J r"r""V,\\ 'r':",\ t ~,; it} ~C?(;V; ANO LEGAliTY C~:U:'i i CC~. -:'S:::L By. Ann Moore, City Attorney ..\([)~ ;., ~ -=-'" ~ - Sa,iO?, DEPUTY Date: 16 Lf~/31 . EXHIBIT A 17 L/_ i '-/17 . {..... 2002-2003 AS 2766 VEHICLE REGISTRATION FUNDS CITY OF CHULA VISTA Planning and Building Department 276 Fourth Avenue Chula Vista CA 91910 Ph: (619) 476-5300 Fax: (619) 409-5861 Express Trolley Shuttle Transportation Demand Management Project SCOPE OF WORK August 13, 2n04 Revised February 2, 2005 Revised May 25, 2005 Final Revision June 29, 2005 INTRODUCTION Project History and Description In recent years, the rate of growth in East Chula Vista, which is a series of master planned communities, has gone from less than 500 housing permits per year to over 3,000 permits in calendar year 2001. As a result of this unparalleled growth, the City of Chula Vista, in conjunction with the East Chula Vista development community, has instituted the East Chula Vista Transportation Enhancement Program (ECVTEP). This program includes elements that are consistent with the City's C02 Reduction Plan. To date, over $4.5 million of private funds have been committed toward the ECVTEP with $551,701 dedicated to the development of an East Chula Vista Transportation Demand Management (EVTDM) Program. There are three elements in the EVTDM. One component is a private, subscription-based, peak hour express San Diego Trolley shuttle service project herein referred to as "Project," which is presented in this Scope of Work (SOW). Second, is a financial incentives project that will provide incentives to single occupant auto commuters to change commute mode and third, a private, subscription-based peak hour express commuter bus service from East Chula Vista to downtown San Diego. Lf '4'1 -J " PROJECT Yr 1 Yr 2 Total Local Match Amount from APCD Express Trolley Shuttle $115,240 $113,080 $228,320 $171,420 $56,900 . Funding Sources: Private - Matching Funds - 75% of total AB2766 Vehicle Registration Funds - 25% of total Project Total: $ 171,420 $ 56.900 $228,320 Private funding will be provided by local area developers who have committed these funds to mitigate increasing congestion in Chula Vista. SCOPE OF SERVICES The scope of services summarizes the Project tasks, deliverables, and schedule to be foflowed during execution of this Statement of Work. Task 1: Service Planning Plan and develop a peak period Shuttle service that runs between East Chula Vista and a San Diego Trolley station located in Chula Vista. . The Shuttle service will provide up to three round trips to and from a San Diego Trolley station located in Chula Vista. Large vans or up to 25-passenger buses will be used to carry east Chula Vista residents to and from the Trolley station. Convenient pick-up and drop off locations have been determined by a survey mailed to East Chura Vista residents. Shuttles will operate with minimal stops between East Chula Vista and the Trolley station to provide express-type service. The Project will be set up as follows: . Provide up to three round trips per weekday, holidays excluded, for previously solo occupant vehicle commuters traveling between East Chula Vista, a Trolley station, and other possible points in the City of Chula Vista. . City of Chula Vista Planning and Building Department to procure services of a transit operator to provide the vehicle(s) and operate the Express Trolley service. . Chula Vista Transit will manage and administer the service contract for the Express Trolley Shuttle service. Chula Vista Transit will monitor the day-to-day activities and services provided by the contractor. . Payments to the Express Trolley Shuttle service provider will be made by the City of Chula Vista and will be reimbursed with Project funds. . 2 Lf -/1./ 2- . The Express Trolley Shuttle service will operate free of charge to East Chula Vista commuters. Services will be available only to residents of specified neighborhoods in East Chula Vista. The Express Trolley Shuttle route and service hours will be determined by analyzing a survey conducted through the East Chula Vista local developers and homeowners' associations in the specified neighborhoods to be served. The pick-up and drop-off points will be kept to a minimum so as to provide express service. Timeline: Service planning will begin six months prior to Project implementation. Deliverables: Service route map and operation plan Task 2: Operate Express Shuttle Service from East Chula Vista to a Trolley Station Operate the private, subscription-based peak hour Express Trolley Shuttle service as planned and developed in Task 1. The Express Trolley Shuttle service will provide up to three round trips to and from a San Diego Trolley station located in Chula Vista depending on commuter demand. Large vans or up to 25- passanger mini-buses will be used to carry East Chula Vista residents to and from the Trolley station. Convenient pick-up and drop off locations have been determined by a survey mailed to East Chula Vista residents. Park-&-Ride lots will be used to provide convenient and safe access to Express Trolley Shuttle services. A Request for Technical Proposals and Price Bids has been released by the City of Chula Vista to secure a service operator and a proposed Scope of Work is included as Attachment A. The operator of this service will utilize and maintain its own vehicles for this service and operate out of its own facility. The Scope of Work for the operator will apply to all services operated under the final Agreement reached between the City of Chula Vista and the service operator. The City of Chula Vista will provide management services for the Project. A target of 40-60 commuters will be enrolled to participate in the Project. Timeline: Operation of the Express Trolley Shuttle service will begin after the initial marketing and recruitment phase (covered under the complementary Financial Incentives Project). On- going activity for the two-year life of the Project. Deliverables: An executed agreement between the City of Chula Vista and a qualified transit operator. A target of 25-40 participants enrolled. Task 3 - Monitoring and Reporting Monitoring The transit operator will monitor use of the Express Trolley Shuttle by compiling daily trip records and monthly summary reports. Participant use will be monitored under the complementary Financial Incentives Project. Compliments, complaints, and suggestions will be directed to 1-800-COMMUTE, tracked, and reported. 3 L( -Jl/3 Timeline: On-going activity for the two-year life of the Project. Deliverables: Daily passenger logs and commuter comment logs. Reporting Reports will be provided to the APCD on a quarterly basis. A full description of reports is listed in this Scope of Work under Reporting Requirements. Timeline: On-going activity for the two-year life of the Project. Deliverables: Quarterly summary of project activities. COMPLEMENTARY PROJECTS In addition to the Express Trolley Shuttle Project, two complementary projects, Financial Incentives and the Express Trolley Shuttle, will be simultaneously operated. Financial Incentives Project A key component of the EVTDM is the financial incentives that encourage commuters to choose alternatives to driving alone to work, with the long-term benefit being a reduction in C02 emissions within the City of Chula Vista and regional community. Financial incentives have been proven to overcome commuters' reluctance to switch from SOV commuting to an alternative mode. The Financial Incentives project will promote carpooling, vanpooling, and transit ridership through financial incentives and provide administration, marketing and monitoring of the program. Downtown Express Bus Service The Downtown Express bus service will provide up to three round trips to and from downtown San Diego depending on commuter demand. Over-the-road coach-type buses will be used to carry East Chula Vista residents to and from their places of employment in downtown San Diego. Convenient pick-up and drop off locations will be determined by an East Chula Vista residential survey. Service will operate with minimal stops so as to provide express service. Park & Ride lots will be used where possible to provide convenient and safe access to the Downtown Express bus services. Routing of the vehicles will strive to avoid the most heavily congested segments of streets and freeways. SUMMARY - TWO YEAR GRANT PROJECT Yr1 Yr2 Total Percent Local Amount from APCD Match from APCD Express Trolley $115,240 $113,080 $228,320 25% $171,420 $56,900 Sh uttle Financial $200,600 $170,230 $370,830 60% $148,332 $222,498 Incentives Express $182,736 $184,140 $366,876 38% $231,949 $134,927 Commuter Bus TOTAL $498,576 $467,450 $966,026 $551,701 $414,325 4 Lf--IL/I.) SCHEDULE Task 1 2 3 4 Description Project Planning Project Operation and Management Project Monitoring and Reporting Project Final Report Completion Date Jan 2004- June 2004 June 2005-June 2007 June 2005-June 2007 September 2007 PERSONNEL CITY OF CHULA VISTA Daniel W. Forster, Program Manager, is responsible for oversight of the East Chula Vista TOM Project. Andres (Andy) Trujillo, Transit Coordinator, is responsible for transit management of the East Chula Vista TOM Project. SANDAG Ray Traynor, Program Manager, is responsible for overall administration of the East Chula Vista TOM Project. Allison Richards-Evensen, Project Manager, is responsible for the project coordination, implementation, and monitoring of the East Chula Vista TOM Project. PHONE NUMBERS Dan Forster Andy Trujillo Ray Traynor Allison Richards-Evensen (619) 476-5348 (619) 397-6061 (619) 699-6945 (619) 699-1982 DESCRIPTION OF EQUIPMENT TO BE OBTAINED A full description of equipment to be obtained is included the proposed Transit Operator's Scope of Work included as Attachment A. PAYMENT SCHEDULE AB 2766 funds will be provided by APCD, in an amount not to exceed $56,900 for costs incurred during Project, and will be used to plan for service, provide service and City management, and monitor and report on the Project. APCD will be invoiced for Project costs at a rate of 25 percent, not to exceed $56,900, on a quarterly basis. APCD shall make these payments only following receipt of a detailed invoice that sets forth the date and specific costs. Billing documentation will include copies of 5 '-{-/45 subcontractor's invoices, with administrative hours and costs identified by task, and copies of "payment checks" paid by SANDAG for the previous quarter. Invoices will be paid within 30 days of receipt of complete invoice. Local developer funds will be used to cover the 75 percent matching requirements. A full budget spreadsheet is included as Attachment B. REPORTING REQUIREMENTS A quarterly invoice and progress report will be provided to the APCD during the two year Project containing: A. a narrative of Project activities for the previous three months including: . Comments from participants . Recommendations for improvement B. a summary of Project enrollment, compiled by month, including: . Number and name of new enrollments . Number and name of active Project members at quarter's end . Project service route map C. a synopsis of Project performance, compiled by month including: . vehicle miles saved . VTM reduction D. a series of charts illustrating Project activity for the year to date, including: . Project enrollment levels . VMT reduction An Annual Report will be provided for three years following final payment if project continues. APCD RECOGNITION All new printed materials, which promote the East Chula Vista TDM Project, will include the APCD logo. All references to the Project in advertising or newsletters shall recognize the APCD as a contributor to the Project. AIR QUALITY AND COST-EFFECTIVENESS Emission Reductions Actual emission reductions are estimated based on Average Auto Emission Factors similar to those released by the APCD in its March 1997 publication, Methods to Find the Cost Effectiveness of Air Quality Projects. The emission reductions for the East Chula Vista TDM Project will be calculated based on annual vehicle miles traveled (VMT) reduced as a result of the Project. The daily round-trip mileage traveled by each Express Trolley Shuttle and Express Commuter Bus will be tracked to measure VMT reduced and a chart provided in quarterly reporting. 6 L/-)7b Cost-effectiveness The cost-effectiveness of the Project also will be measured using the VMT reduction data. 7 t-j-/1f7 ATTACHMENT A L(-/L/2 ATTACHMENT A City of Chula Vista Direct Express and Direct Shuttle Bus Services SECTION B, EXHIBIT A: SCOPE OF WORK tj.'-/4t:J EXHIBIT A SCOPE OF WORK Direct Express and Direct Shuttle Bus Services 1. SCOPE OF SERVICES This project is to operate a commuter express transportation service between eastern Chula Vista and downtown San Diego, and/or a shuttle bus service between eastern Chula Vista and H Street Trolley Station in Chula Vista. The operator of this service will utilize and maintain its own vehicles for this service and operate out of its own facility. This Scope of Work shall apply to all services operated under this Agreement. Service covered by this Agreement is operated every weekday of the year except New Years Day, Presidents' Day, Memorial Day, July 4th, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. Service characteristics for all routes, including peak equipment pull-out requirements, are included in ATTACHMENT #1. ATTACHMENT #2 (Buses and Other Equipment) provides technical details on the recommended vehicles and equipment. 2. PROJECT ORGANIZATION 2.1. CONTRACTOR'S responsibilities shall include but not be limited to: 2.1.1. Meeting all requirements established by AGENCY in this Agreement. 2.1.2. Completely operating and managing the Commuter Express and/or Shuttle Bus Services described in this agreement. ~.1.3. Providing vehicle maintenance as identified in ATTACHMENT #3. 2.1.4. Maintaining all vehicles and related equipment provided by the CONTRACTOR or otherwise used in the fulfillment of this Agreement, including revenue and non- revenue vehicles, wheelchair lifts, and maintenance equipment. 2.1.5. Maintaining sufficient inventories of parts, materials, and supplies for the operation and required maintenance of all vehicles and equipment. 2.1.6. Providing all personnel having management, operations, and maintenance expertise necessary to operate the system. 2.1.7. Operational and maintenance training and supervision. 2.1.8. Accounting for passengers and verification of passenger use. 2.1.9. Personnel administration, including hiring, supervising, evaluating, promoting, and terminating employees, and collective bargaining negotiations. CONTRACTOR is also responsible for the preparation and implementation of an -2- '-I-/5D Injury and Illness Prevention Program, as required by the California Occupational Safety and Health Administration (OSHA). 2.1.10. Complying with Driver retention plan requirements. 2.1.11. Providing customer telephone information (including customer service}, making every attempt to resolve complaints with customers, and providing a written response to complaints and inquiries as necessary. 2.1.12. Scheduling and dispatching drivers and vehicles, including driver runcutting and assignments. 2.1.13. Assisting AGENCY to gather scheduling and running time data and other tasks related to route performance improvements and timetable scheduling. 2.1 .14. Preparing all operating and financial reports on-time and as requested. 2.1.15. Negotiating, executing, and overseeing all subcontracts for equipment, personnel, or services as required to fulfill the prime contract. 2.1.16. CONTRACTOR management staff may be required to attend at least 12 staff meetings with AGENCY per year. During the start-up phase of this Agreement (the month leading up to the start up date), CONTRACTOR's management staff may be required to participate in weekly meetings with AGENCY staff. . 2.1.17. Providing all equipment as identified in Section 1 of ATTACHMENT #2. 2.1.18. Providing base station and bus radio hardware for radio communication system. 2.2. AGENCY'S responsibilities will be: 2.2.1. Establishing operations and maintenance requirements for CONTRACTOR. 2.2.2. Ongoing service planning and route timetable scheduling. 2.2.3. Performing overall marketing of the services (including printing of public timetables). 2.2.4. Providing payments to CONTRACTOR per Agreement. 2.2.5. Administration and monitoring of Agreement. 2.2.6. Determining compliance with Agreement requirements and assessing pertormance related liquidated damages as specified herein. 2.2.7. Permanent bus stop sign and facilities installation and maintenance. . -3- 4"'-/ -/? 3. SYSTEM OPERATION 3.1. CONTRACTOR shall operate the system in compliance with AGENCY operating policies and local, state, and federal laws and regulations applicable to this service. 3.2. CONTRACTOR's preparation for these transportation services shall comprise those tasks required to make the system operational by July 1, 2004, including, but not limited to, an initial employee training and safety program and route and service area familiarization. 3.3. CONTRACTOR's services hereunder shall include, but shall not be limited to, the following: day-to-day operation of the service, including executive and administrative management; employment, supervision, and training of all personnel (including drivers, dispatchers, supervisors, clerks, and maintenance personnel); provide for backup/extra board drivers who will be immediately available in the absence of regular drivers; maintenance and repair of equipment; and preparation of budgets, analysis, and reports of financial and other matters pertaining to the system operation. 3.4. CONTRACTOR'S personnel wages, and work hours shall be in accordance with local, county, state, and federal regulations effecting such employment. 3.5. Vehicles shall not operate on the observed day of the following designated holidays: New Years Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day after Thanksgiving, and Christmas Day. 3.6. CONTRACTOR shall be prepared to answer information calls regarding service within this scope of work if a customer or potential customer makes an inquiry and was unable to access other transit telephone Information services. 3.7. CONTRACTOR shall provide a customer service telephone number that patrons of this service may call for questions, lost and found, or any other information. 3.8. AGENCY shall perform installation and maintenance of bus stops on routes covered within this Agreement. Any conditions of bus stop facilities observed by the CONTRACTOR requiring the attention of AG ENCY shall be brought to the attention of AGENCY immediately. 3.9. AGENCY shall be informed of all contacts with other governmental agencies and authorities and situations, occurrences, and conditions that call particular public attention to the service. 3.10. AGENCY shall be informed as soon as possible (in no case more than one hour after accident) of all accidents causing significant damage (in excess of $5,000) to property, or significant injury (requiring hospitalization) to persons in connection with the services provided in this Agreement, in accordance with AGENCY's emergency notification policies. All AGENCY vehicle body damage from such accidents shall be reported to AGENCY within 24hours. CONTRACTOR representative must speak directly to an AGENCY representative-leaving a message shall not be considered compliant with this Agreement. -4- '-1- /52. 3.11. Schedulino - All public timetable and headway scheduling is the responsibility of AGENCY. AGENCY shall provide CONTRACTOR with schedules and headways for each route, showing all trips, timepoints, layovers, total scheduled revenue miles, total scheduled revenue hours, and total layover hours. These schedules will be provided by AGENCY to CONTRACTOR as soon as practicable after final schedule changes are approved by AGENCY. CONTRACTOR shall be responsible for all employee scheduling in the fulfillment of the schedule, including, but not limited to, run cutting, rostering, driver and vehicle relief coordination, and scheduling days off. CONTRACTOR shall also be responsible for the assignment and coordination of buses in the fulfillment of the provided schedules based on AGENCY guidelines. AGENCY shall endeavor to work with CONTRACTOR when scheduling routes to maximize vehicle and employee utilization when possible. With prior approval of AGENCY, CONTRACTOR may interline routes and/or driver schedules (within this agreement) to maximize efficiency. AGENCY reserves the right to make minor adjustments to the routes proposed for September 7, 2004 and will provide any final schedule changes, as a goal, at least 60 days prior to implementation. The draft schedules, assumed to represent the one-way trip included in the base amounts for this Agreement, are provided in Section C. Schedules are provided for the routes for service effective September 7,2004. CONTRACTOR shall be responsible for complying with any federal, state, or local laws regarding employee lunch periods or required breaks. If breaks are required beyond the available standard recovery time provided in schedules, CONTRACTOR shall arrange at no cost to AGENCY. 3.13 Dispatchino and Radio - The operations center typically includes one radio/dispatcher on-duty that handles drivers reporting to and leaving work; handles customer service calls, and radio communications. AGENCY requires at least one radio/dispatching operator to cover morning, afternoon, and evening shifts daily. Dispatching and radio operations shall be the sole responsibility of the CONTRACTOR. 3.20 Wheelchair LiIVRamp Boardinos and Aliohtinos - Wheelchair lift boardings and alightings shall be reported at each instance via radio to the dispatcher or radio operator. WC liIVramp report shall include location of boarding and alighting passenger, route number and time of day. Driver may report both boarding and alighting location if known at the initial radio contact. 3.21 Wheelchair LiIVRarnp Procedures - CONTRACTOR shall have in place operating procedures whereby drivers are able to test and cycle a wheelchair lift or ramp upon pullout from the yard. Lift or rarnp shall be tested in the yard, prior to departure so that if a lift is inoperative a bus may be switched for one with a working lift. 3.22 Start-Up and Implementation 3.22.1 CONTRACTOR will provide vehicles similar to or the same as those types and quantities described in ATTACHMENT #2. Regular and preventative maintenance on all buses shall remain the responsibility of the CONTRACTOR. CONTRACTOR is responsible for fuel, maintenance, and other vehicle related costs of additional vehicles provided by CONTRACTOR for CONTRACTOR start-up training. -5- if -/53 3.22.2 Any activity associated with the start-up of this project will require that the CONTRACTOR be fully insured in the types and amounts required in this contract at all times, as shown in the Pro-Forma Contract. 3.22.3 CONTRACTOR shall provide a detailed training schedule to AGENCY when requested showing how all of the existing and new drivers necessary to carry out full operations shall be trained by September 7, 2004. 4. KEY PERSONNEL 4.1. Responsible ManaQement Individual A senior Responsible Management Individual of CONTRACTOR shall be assigned to this project. This employee shall be available to AGENCY at all times, either by telephone or in person, to make decisions or provide coordination as necessary. The senior Responsible Management Individual must have three (3) or more years of recent and relevant experience managing all aspects of a transportation service provider. 5. FACILITIES It is required that all significant preventative maintenance, running repairs, and operations under this agreement will be performed at the CONTRACTOR'S facility. This facility shall adequately handle the implementation of this agreement and conform to all Federal, State and local rules and regulations. CONTRACTOR is also responsible for all facility insurance. 6. BUS MAINTENANCE AND REPAIR High quality and regular maintenance of buses is essential and is required to maintain an efficient, reliable transportation operation. CONTRACTOR shall be responsible for all maintenance and repair work (including maintenance and repair of all installed equipment, warranty work, and tracking of warranty work and components} necessary to keep all CONTRACTOR buses operating in a safe and reliable condition. CONTRACTOR shall follow all maintenance guidelines detailed in ATTACHMENT #3. 7. BUS CLEANING AND VEHICLE APPEARANCE CONTRACTOR shall maintain the minimum cleaning and vehicle appearance program and standards outlined in ATTACHMENT #5. 8. DRIVERS AND DRIVER TRAINING 8.1. CONTRACTOR'S training program shall include, at a minimum, the training requirements outlined in ATTACHMENT #6. CONTRACTORS shall provide a detailed training schedule to AGENCY two weeks after award of contract showing how all of the -6- Lf-/5"Lf existing and new drivers necessary to carry out full operations shall be trained by September 7, 2004. 8.2. AGENCY shall be able to request that specific driver(s) be removed from revenue service or replaced for reasonable cause. 9. ADVERTISING AND MARKETING AGENCY shall control all advertising and marketing, and provide materials for distribution by CONTRACTOR. CONTRACTOR shall periodically be required to distribute on the vehicles informational and promotional material provided by AGENCY. CONTRACTOR shall also be required from time to time to apply/install interior and/or exterior AGENCY -provided promotional banners, signs, decals, or similar media onboard revenue vehicles while vehicle are in service per agreement. 10. DATA COLLECTION AND REPORTING A list of operational data to be collected by CONTRACTOR, and some samples, is included as ATTACHMENT #7. 10.1. All data provided by CONTRACTOR to the AGENCY will be certified by CONTRACTOR as being complete and accurate. CONTRACTOR shall collect all data on operation of the system and provide AGENCY with the required information on forms approved by AGENCY by the required submittal deadlines. 10.2. Report forms or CONTRACTOR shall utilize formats required by AGENCY. CONTRACTOR shall be responsible for printing all report forms required under this Agreement. 10.3. CONTRACTOR shall compile Daily Trip Records and forward copies of these reports to AGENCY on a daily basis. At the end of the month, the Monthly Summary Reports are due to AGENCY by the 8th calendar day of the followino month. . 10.4. A daily office/dispatch log shall be maintained by CONTRACTOR of vehicle breakdowns, roadcalls, wheelchair lift boardings, missed and/or delayed trips (including cause), accidents, complaints (with attached forms and description of the problems and solutions), and compliments received. An incident report on any system collision, accident, or crime incident must be submitted to AGENCY. Customer service calls shall be logged in the daily office log. Daily office log shall be submitted weekly, prior to Thursday of the following calendar week. At the end of the month, the report is due by the 8th calendar day of the followino month. 10.5. Accidents and incidents of a serious nature are to be reported to AGENCY immediately by telephone directly to AGENCY staff in accordance with AGENCY emergency notification procedures. -7- Lj-/5"5 10.6. Utilizing Daily Trip Records and other relevant data sources, CONTRACTOR shall complete a monthly summary report. This report will include the following route data: passenger counts by fare category, if any, actual revenue miles ("revenue miles"), actual bus miles (''total miles"), number of vehicle service hours ("revenue hours"), actual vehicle hours (''total hours"), missed trip occurrences, missed trip mileage, and all totals. The report shall also include passenger incidents/accidents, vehicle collisions/accidents, roadcall information, security data, and complaints. Monthly summary report shall be submitted by CONTRACTOR to AGENCY prior to the 8th calendar day of the followina calendar month. Spreadsheets used by CONTRACTOR to tally Monthly Summary Report shall be submitted to AGENCY with Monthly Summary Report. 10.7. A Monthly Management Report of operations and maintenance matters shall be submitted by the CONTRACTOR, which shall include: 10.7.1. Safety-related issues and matters. 10.7.2. Any problems or opportunities that have arisen with suggested action. 10.7.3. Customer/public input received. 10.8. Computerization of all reports is required. All data reports must be submitted as Microsoft Excel files. Any other reports must be submitted as Microsoft Word or Microsoft Excel files. 11. MANAGEMENT AND LIAISON CONTRACTOR shall coordinate closely with AGENCY on project and operation status. CONTRACTOR shall also attend meetings with AGENCY staff as needed (no less frequently than monthly), and perform liaison activities with AGENCY. 12. FARES, TRANSFERS, AND REVENUE COLLECTION No fares will be collected during the base term of this agreement. 13. SPECIFIC LIQUIDATED DAMAGES From the nature of the services to be rendered, the CONTRACTOR and the AGENCY agree that it is extremely difficult to fix actual damages which may result from failure on the part of the CONTRACTOR to perform any of its obligations herein and the resulting loss to the AGENCY. The success of this Transportation Demand Management project depends on reliable and timely transportation. Therefore, both parties agree that the CONTRACTOR'S liability should be limited to, and fixed at, the sums stated in the table below, as liquidated damages and not as penalty. These liquidated damages may be deducted automatically by the AGENCY from CONTRACTOR invoices. The decision of the AGENCY, or its designated representative is final with respect to any assessment of liquidated damages. The AGENCY, or its designated representative may rely on information supplied by CONTRACTOR, by the public, or by staff, as well as by other means in determining assessment of liquidated damages. -8- 4-/50 .- - - .- - ----.----- . -. - SPECIFIC LIQUIDATED DAMAGES PERFORMANCE MEASURE LIQUIDATED DAMAGES 1 CONTRACTOR is required to provide a $1 DO per calendar day for each day beyond the 14 calendar day before expiration performance bond or irrevocable letter of credit in of the performance bond/irrevocable letter of credit that CONTRACTOR does not full force and effect at all times. orovide AGENCY with a renewed bondlirrevocable letter of credit. 2 CONTRACTOR shall achieve a satisfactory rating $1,000 per occurrence for failure to achieve a satisfactory rating in any category of in all cate~:~ of the annual C~I~~mia Hi~~way the annual California Highway Patrol Safety Compliance Report (CHP 343). Patrol Safe Comnliance Rennrt CHP 343 . 3 CONTRACTOR shall operate transit routes in $100 per occurrence for each unauthorized failure to operate transit routes in accordance with route descrintions in Exhibit A. accordance with the route descriotions aiven in Exhibit A. 4 CONTRACTOR shall ensure every vehicle in $100 per occurrence for each incident in which a bus leaves the yard to enter rev:~\ue service has a functional wheelchair lift (or revenue service without a functional wheelchair lift (or ramp). ram . 5 CONTRACTOR shall ensure wheelchair lift on $100 per occurrence for each incident in which the wheelchair lift or device does not every vehicle in revenue service is functional. function on a bus in revenue service. 6 CONTRACTOR is required to provide accurate $500 for each incident in which AGENCY finds that CONTRACTOR has inaccurately reporting of all data to AGENCY, including missed reported missed trips and mileage. tri~s and mileane 8 CONTRACTOR shall ensure vehicle in revenue $100 per incident in which CONTRACTOR fails to provide reliable and timely service follow the AGENCY-provided schedule. 7:rvice: Departi7t~ ~ime point prior to scheduled departure time; Departing Terminal startina timeDoint more that 5 minutes late from scheduled deoarture time. A. The assessment of liquidated damages and/or deductions as provided under this Agreement shall in no way relieve the CONTRACTOR of its obligation to provide sufficient service, buses or drivers, or to meet any of the terms of this Agreement. -9- Y-/57 ATTACHMENT B L(-IS'l " i 3 . . . o Q '" ~ ~ " o ~ . 3 . 6 . ~ ~ < '" ~ ~ 6 ~ ~ ! $ N <;> ~ ~ < '" ~ ~ c a " g: .~ Q 3 ~ c g: " !o.o.j! . 0 ~ i!: 0 Q ~ .o..t:J.. 00 ,. '" g 88 <5 8 ~ ~ "'''' o ~ '" '" ~ ~ '" ~ ~- :.oi-,) ~w ~:->>-' ~ " ~ Is- ~;.., !"':-' N if i:' ~ ~ '" , . , 0; ~~ ~~~ "",u, uoU:u, .8. w w ); ~ ;: ~ '!: ~- ~;,." ~ po ~ ~ o- W Ot...:. ~ w ~ I>c- ~ w ~~ (J1 _ N ... -<) ON :-':-'t'-'f.J'P ~R;8: ~- r...:,~ o o, (IOg:,..:o...:::: i.,)" . . '"0 ;-0 Qo J\,) N "'_...... -.....o~';",jQ, ""......~.... ~- g~~UI O'b.'\..).....C'O '<JU'_t.> ~ -- f"not.oCU> . ~u.- '8 ~ ~ ~ ~ 0_ NU>_OUl .....-~~8 00 8::::0 UI~o.U;~Q . ~~~~~8'8~- - ~- Ult/I_...'" i...\- 0",- O~ o w ~ 1:1 ~ i>i NN ~ ~ ~ po ~ ~;:;o>t. ~ o ~ 0:..>0-(.0> N"'-WN "'''51-. ~. ir w ~ '" ~ ~ ~ po 'i-.J (J1 ~ 0- W . ivco' ~ ~~ ~ o...""-to> ;;ku.g- ~ ~ .... ~ o ~ g: ;, ~ :f:~- ~- "'...0......1'0:> ~~~~~~ li / I""C-~ 7-':)7 . 0- ~ ~ ~oU>~o; a~u o . ~ o . . if ~ w ~ W ;;g:~ ;;~....~~;;; ~~~;g~~~:g~~ " q 9- n ~ c " < ~ .; o ~ ~ ~ . 3 '" ~ ~ . COUNTY OF SAN DIEGO MRPOLLUTIONCONTROLBOARD WEDNESDAY, MARCH 12,2003 MINUTE ORDER NO. 1 SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (DISTRICT: ALL) OVERVIEW: This is a request to approve the 2002-03 Vehicle Registration Funding Allocation Plan (plan) and to appropriate $7,639,415 in funding to implement the Plan. The Air Pollution Control Air Quality Improvement Trust Fund receives vehicle registration funds of $2 per vehicle ITom on-road motor vehicles registered within the Air Pollution Control District (District), providing approximate annual revenues of$4.3 million, which is allocated biennially to projects that reduce motor vehicle emissions and to the District for related planning, monitoring, enforcement, and technical studies necessary for California Clean Air Act implementation. As ofJuly 1,2002, $7,670,415 was available to fund the 2002-03 Plan, including $4,423,815 ITom the Air Quality Improvement Trust Fund and $3,246,600 from unrelated Power Generator Mitigation Fee funds ($3,171,400 for North County projects and $75,200 for South Bay school district projects). The Plan recommends funding for 52 emission reduction projects and one public education and outreach project. These 52 projects will remove approximately 1,081 tons of oxides of nitrogen and volatile organic compound (ozone precursors) emissions ITom the air over the life of the projects. Thirty-eight of these projects that reduce direct tailpipe emissions will also remove 82 tons of toxic diesel particulate matter. The Plan includes tables describing program funding, project funding requested, recommended funding allocations, cost-effectiveness, tons of emissions reduced, and total points and ranking for each project pursuant to Board-approved criteria (4/24/96 APCB #2). This is also a request to authorize the Air Pollution Control Officer to negotiate scopes of work, contracts, and payment schedules with project proponents and, if necessary, reallocate funding to other cost-effective projects if any projects approved for funding become ineligible or withdraw ITom the program. According to a current Memorandum of Understanding, the Plan was forwarded to the San Diego Association of Governrnents for review and comment. The Board has previously agreed (10/25/00 APCB #2) to give substantial weight to those comments when approving the Plan. The proposed comments indicate support of the 2002-03 Plan. A workshop was held January 13, 2003, and no major issues were raised regarding funding recommendations. FISCAL IMPACT: Funds for this request are not budgeted. The funding sources are the Air Quality Improvement Trust fund balance and the Power Generator Mitigation Fee fund balance. If approved, this request will result in $7,639,415 current-year costs, no annual costs, and no additional staff years. Funding is $4,423,815 from the Air Quality Improvement Trust and $3,215,600 ITom the Power Generator /12/03 ,ir Pollution Control Board 1 4 -/60 Mitigation Fee fund. Of the $7,639,415 total, $7,477 ,700 is for emission reduction projects/contracts and $161,715 for a public educ?tion and outreach project. Approximately $31,000 of Power Generator Mitigation Fee fi1nds will remain unallocated because $75,200 is specifically for South Bay school districts and only one $44,200 project was submitted. RECOMMENDATION: AIR POLLUTION CONTROL OFFICER I. Consider and weigh San Diego Association of Governments' comments on the 2002-03 Vehicle Registration Funding Allocation Plan. 2. Approve the 2002-03 Vehicle Registration Funding Allocation Plan projects totaling $7,639,415, including $7,477,700 for emission reduction projects and $161,715 for a public education and outreach project. 3. Establish appropriations of $4,423,81 5 in the Air Quality Improvement Trust fund for emission reduction projects and a public education and outreach project based on fund balance fi-om prior- year revenues. (4 VOTES) 4. Establish appropriations of $3,215,600 in the Power Generator Mitigation Fee fund for emission reduction projects based on fund balance fi-om mitigation fees paid by power plants during the energy crisis. (4 VOTES) 5. Authorize the Purchasing and Contracting Director, in accordance with Article XXIII, Section 401 of the Administrative Code, to award contracts for approved emission reduction and public education and outreach projects, subject to negotiations and approval ofthe Air Pollution Control Officer, for a base period of up to five years, with two one-year options. 6. Authorize the Air Pollution Control Officer to reallocate funding to unfunded cost-effective projects if a project approved by this action becomes ineligible or withdraws fi-om the program. ACTION: ON MOTION of Member Roberts, seconded by Member Horn, the Air Pollution Control Board took action as recommended, on Consent. AYES: Cox, Jacob, Slater, Roberts, Horn State of California) County of San Diego )SS I hereby certify that the foregoing is a full, true and correct copy ofthe Original entered in the Minutes of the Air Pollution Control Board. . THOMAS J. PASTUSZKA Clerk of the Air Pollution Control Board ~'P"ry By :/03 PoHution Control Board L( -jb I '. 2 -C;ERK OF THe BOARD ;S} - DEPARTMENTIS} {~} - ANANcE DIRECTOR(S} - USE BLUE INK ONLY - REQUEST APPROPRIATION OF UNAHTICIPATEOIOVERREALlZED REVENUE REQUEST FOR CANCELLATIO" OF APPROPRlATlONSJESTlMATED REVENUE OTHER (SPECU"Y) Appropriation of available fund balance CJ CJ QJ ORIGINATING UNIT Air Pollution Control District 18819} OATE 3/12/2003 REASON{S) FOR REQUEST: Appropriate fund balance for 2002-03 Vehicle Registration Funding Allocation Plan projects. '"TRANSFER FRO~ DEPT IRANSFER TO" DEPT Air Pollution Control District NAMST~- ~ ~ (Sign OfDepa~tHnd~Des ) LINDA FOX NAMElTITLE (Signatu~ of Department Head or Designee) TRANSFER APPROPRIATIONS FROM OR BUDGET OVERRREALIZED' UNANTICIPATED REVENUE OR CANCEL APPROPRIATJONS FUND ORG. ACCOUNT TASK OPTION ACTMTY ACCOUNT DESCRtPTlON AMOUNT 285002 881. 0780 Fund Balance $ 4,423,815 , TOTAL- $ 4,423,815 TRANSFER APPROPRIATIONS TO OR ESTABUSH APPROPRIATIONS OR CANCEL REVENUE FUND ORG. ACCOUNT TASK OPTION ACTIVITY ACCOUNT DESCRIPTION AMOUNT 285002 B81'J 3453 RR ConbibutJon to Other Agencies $ 4,423,815 TOTAL" $ 4.423,815 GROUP FINAHCE DIRECTORIS) Qualifies for Auditor & Controller final approval pursuant to Admlnisb'<Jtive Manual Policy #0030-10_ YES 0 NoD APPROVED, YES D NO 0 FINANCE DIRECTOR DATE NO 0 %-~} DATE NO 0 FINANCE DIRECTOR APPROVED: YES D FINANCE DIRECTOR DATE ODE SEC_ 29125-29127 & 29130 ,- NOTE: Totals must be IIqual and funds must blllhe ~m.. AUDITOR AND CONTROLLER BOARD ACTION G D Appropriations are 3Vi111able Unanticipated revenue will be earned under contracUgrcmt # G ~enueavailablefromfund # .:J...!5o~ rr- Overrealized revenue has been recorded o Appropriation contingent upon D Approved and/or authorized by the Board of Supervisors of the County of San Diego. D.." .7-/01-03 Minute Order No_ / A-P't! A Clerk of the Board of Supervisors By ~~ /}/t(!1l ~ Depuly Clerk Appropriations and revenue are available for cancellation as requested. ------.---------- ----.-.- (CBO )........ Auditor Approval Dnty ~ ~. . . .. ~ . . . . . . . . ... .. . .. ... . . Board Approval Required . ............ ~.o~~.o~:s...... .r- 3531?-3//~ ji%Io-;;~ .;(/,;2fp/O 1 . ' Auditor's No. Name Title c==J6RASsFOro~SATTACHEO Date "-.CBO signature does not constitute Auditor approval. Form must be signed by Office of Financial Planning_ Lf 'J" -I V; '>-- ,""~ ..-- --________._......uL::. L-J D o DEPARTMENTI,S) . FINANCE DIRECTORIS) REQUEST 'FOR CANCEllATION OF APPROPRlATIONSiEST1MATED REVENUE OTHER (SPECIFY) Appropriate Fund Balance - USE BLUE INK ONLY - ORIGINATING UNIT Air Pollution Control District DATE 3/12/2003 REASON{S) FOR REQUEST; Appropriates fund balance for Vehicle Registration Funding Allocation Plan projects. '"TRANSFER FROM~ DEPT "'TRANSFER TO" DEFT Air Pollution Control District NAMElTITLE (Signature of Department Head or Deslgl1ee) re of Department Head Ign Ox. Chief. Air POUUU Cortbul TRANSFER APPROPRlATlONS FROM OR BUDGET OVERRREA1...IZED I UNAHllCIPATED REVENUE OR CANCEl APPROPRIATIONS FUND ORG. ACCOUNT TASK OPTION ACTMTY ACCOUNT DESCRIPTION AMOUNT 285004 8821 0780 Mitigation Fee Revenue $ 3,215,600 TOTAL- $ 3,215,600 TRANSFER APPROPRIATIONS TO .QB. eSTABLISH APPROPRIATIONS OR CANCEL REVENUE FUND ORG. ACCOUNT TASK OPTION ACTMTY ACCOUNT DESCRIPTION AMOUNT 285004 8821 3453 Contribution \0 Other Agencies $ 3,215,600 TOTAL - $ 3,215,600 1- NOTE: Tobls mustbo equal and funds must b. th1I samo.. ;ROUP FINANCE DlRECTORfS) Jaimes for Auditor & Controller final proval pursuant to Administrative muat Policy #0030-10. YES 0 NoD PROVED, YES 0 NO 0 o o AUDITOR AND CONTROLLER BOARDACTlON DATE Appropriations are available Unanticipated revenue will be earned under contract/grant tI ~ Revenue available from fund #; :; R500 y o Overrealized revenue has been recorded o Appropriation contingent upon o Approved andlor authorized by the Board of Supervisors of the County of San Diego. D.,,,3-/-?-Q.3 Minute Order No. / IIPftB Clerk of the Board of Supervisors By #~/l?~~ Deputy Clerk INANCE DIRECTOR t?~E52:f NO , ~~ D ~:;t; Appmpriirtions and revenue arE' available for cancellation as requestE'd. ~ . - - . - - -... - - - - . \lANCE DIRECTOR DATE Y- . . . . . . . ~ . . . . . . . . . ~. . ~ . . . . . . . ~:::O"SNO ~~;~,I;~ Title Dot. ~/;?&/~3 ......CBO signature does not constitute Auditor approval. Form must be signed by Offiee of Fin<'lncial Planning. (CBO J ...... Auditor Approval Only Board Approval Required # of Votes ................................... NANCE DtRECTOR 'ROVED: YES 0 DATE ND o DBItASS FORMS ArT ACHED : SEC. 29125-29127 & 29130 7-1 b3 Air Pollution Control Board AII~ CllllRIIIIKI COUIITY Of SA! DIEGO Greg Cox Dianne Jacob Pam Slater Ron Roberts BiIIHom District 1 District 2 District 3 District 4 District 5 DATE: March 12,2003 TO: San Diego County Air Pollution Control Board SUBJECT: 2002-03 VEHICLE REGISTRA nON FUNDING ALLOCATION PLAN (District: AU) SUMMARY: Overview This is a request to approve the 2002-03 Vehicle Registration Funding Allocation Plan (plan) and to appropriate $7,639,415 in funding to implement the Plan. The Air Pollution Control Air Quality Improvement Trust Fund receives vehicle registration funds of $2 per vehicle ti-om on-road motor vehic;es registered within the Air Pollution Control District (District), providing approximate annual revenues of $4.3 million, which is allocated biennially to projects that reduce motor vehicle emissions and to the District for related planning, monitoring, enforcement, and technical studies necessary for California Clean Air Act implementation. As of July I, 2002, $7,670,415 was available to fund the 2002-03 Plan, including $4,423,815 ti-om the Air Quality Improvement Trust Fund and $3,246,600 ti-om unrelated Power Generator Mitigation Fee funds ($3,171,400 for North County projects and $75,200 for South Bay school district projects). The Plan recommends funding for 52 emission reduction projects and one public education and outreach project. These 52 projects will remove approximately 1,081 tons of oxides of nitrogen and volatile organ.ic compound (ozone precursors) emissions ti-om the air over the life of the projects. Thirty-eight of these projects that reduce direct tailpipe emissions will also remove 82 tons of toxic diesel particulate matter. The Plan includes tables describing program funding, project funding requested, recommended funding allocations, cost-effectiveness, tons of emissions reduced, and total points and ranking for each project pursuant to Board-approved criteria (4/24/96 APCB #2). This is also a request to authorize the Air Pollution Control Officer to negotiate scopes of work, contracts, and payment schedules with project proponents and, if necessary, reallocate funding to other cost-effective projects if any projects approved for funding become ineligible or withdraw ti-om the program. According to a current Memorandum of Understanding, the Plan was forwarded to the San Diego Association of Governments for review and comment. The Board has previously agreed (10/25/00 APCB #2) to give substantial weight to those comments 9150 Chesapeake Drive - San Diego - California 92123-1096 - (858) 650-4700 FAX (858) 650-4659 - Smoking Vehicle Hotline - 1-800-28-SMOKE 4 -I b'f SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) when approving the Plan, The proposed comments indicate support of the 2002-03 Plan. A workshop was held January 13, 2003, and no major issues were raised regarding funding recommendations. Recommendation(s) AIR POLLUTION CONTROL OFFICER L Consider and weigh San Diego Association of Governments' comments on the 2002-03 Vehicle Registration Funding Allocation Plan. 2. Approve the 2002-03 Vehicle Registration Funding Allocation Plan projects totaling $7,639,415, including $7,477,700 for emission reduction projects and $161,715 for a public education and outreach project. 3. Establish appropriations of $4,423,815 in the Air Quality Improvement Trust fund for emission reduction projects and a public education and outreach project based on fund balance from prior-year revenues. (4 VOTES) 4. Establish appropriations of $3,215,600 in the Power Generator Mitigation Fee fund for emission reduction projects based on fund balance from mitigation fees paid by power plants during the energy crisis. (4 VOTES) .'" > 5. Authorize the Purchasing and Contracting Director, in accordance with' Article xxm, Section 401 of the Administrative Code, to award contracts for approved emission reduction and public education and outreach projects, subject to negotiations and approval of the Air Pollution Control Officer, for a base period of up to five years, with two one-year options. 6. Authorize the Air Pollution Control Officer to reallocate funding to unfunded cost- effective projects if a project approved by this action becomes ineligible or withdraws from the program. Fiscal Impact Funds for this request are not budgeted. The funding sources are the Air Quality Improvement Trust fund balance and the Power Generator Mitigation Fee fund balance. If approved, this request will result in $7,639,415 current-year costs, no annual costs, and no additional staff years. Funding is $4,423,815 from the Air Quality Improvement Trust and $3,215,600 from the Power Generator Mitigation Fee fund. Of the $7,639,415 total, $7,477,700 is for emission reduction projects/contracts and $161,715 for a public education and outreach project. Approximately $31,000 of Power Generator Mitigation Fee funds will remain unallocated because $75,200 is specifically for South Bay schoo] districts and only one $44,200 project was submitted. Business Impact Statement - 2 - If ,-- I. .., --I ~........ . SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) NIA Advisory Board Statement NIA BACKGROUND: Strategic Initiatives This proposal is in alignment with the Environment Initiative of the County's Strategic Plan because it reduces 1, I 63 tons of pollutants ITom the air, helping the District carry out its mission to protect the public ITom the harmful effects of air pollution, achieve and maintain air quality standards, and meet federal and state mandates. In addition, it aligns with the initiative to protect kids and provide safe and livable communities by funding projects that reduce unhealthy emissions and by funding public education and outreach projects that will educate thousands of schoolchildren and raise awareness of the driving public on ways to reduce pollution and improve the air we breathe. Mitigation Fee Revenue from Power Generation Mitigation Fees were paid by power generating plants for excess emiSSions ITom operations during the state energy crisis. Approximately $6 million was previously approved for School Bus program projects and $ I million for Moyer program projects, leaving $3, I 7I ,400 for this allocation ITom mitigation fees (plus interest) paid by the Cabrillo (Encina) plant for North County projects and $75,200 from fees paid by the Duke Energy (South Bay) plant for South Bay school districts' projects. After this allocation, approximately $31,000 will remain for South Bay school districts' projects. This remainder plus future interest earned will remain in the mitigation fund for future allocations. The following chart shows projects recommended for funding. - 3 - II {/, 7 -/b& SUBJECT: 2002-03 VEIDCLE REGISTRATION FUNDING ALLOCATION PLAN (District: Al\) .. CATEGORY 1 . Applicant Project Description Funding Recommended Request Fundino North County Transit District Purchase 30 CNG-Powered Buses $750,000 $750,000 Perry & Shaw IDe Repower CAT 824C Tractor 1983 $32,335 $32,335 City of San Diego Repower 18 Craue earners Refuse Trucks - 1996 $576,000 $576,000 Perry & Shaw IDe Repower International Truck 51901988 $14,085 $14,085 City or San Diego Repower 17 Craue earners Refuse Trucks - 1995 $544,000 $544,000 E L Yeager Construction Repower Wheel Scraper CAT 633D 1982 $36,471 $36,471 BiIJ Signs Trucking Repower Peterbuilt 359 1985 519,895 $19,895 Ryerson. Master & Associates Repower 13 Self-Propelled Lift-Equipment $428,600 5428,600 E L Yeager Construction Repower Wheel Scraper CAT 633D 1982 $61,721 $61,721 E L Yeager Construction RepowerWheel Loader CAT 992C 1984 578,359 $78,359 E L Yeager Construction Repower Tractor CAT 773B 1981 578,359 578,359 E L Yeager Construction Repower Tractor CAT 773B 1987 578,359 578,359 E L Yeager Construction Repower Tractor CAT 773B 1987 578,359 $78,359 Perry & Shaw IDe Repower CAT 966E Loader 1988 $14,049 $14,049 E L Yeager Construction Repower Track-Type Tractor CAT D9L 1982 $73,207 573,207 Bill Signs Trucking Repower Peterbuilt 359 1989 $54,600 554,600 E L Yeager Construction Repower Track-Type Tractor CAT D9L 1987 $73,207 $73,207 E L Yeager Construction Repower Track-Type Tractor CAT D9L 1984 $73,207 $73,207 Ryerson, Master & Associates Repower 14 Self-Propelled Lift Equipment $249,200 $249,200 E L Yeager Construction Repower Track-Type Tractor CAT D8L 1984 $65,177 $65,177 SO Environmental Foundation Purchase CNG- Powered Bus for Student Transport to RTC $143,000 $143,000 Valley Heights Ranch Repower Lift Truck with Low-Emission Engine $10,725 $10,725 Perry & Shaw Inc Repower CAT D I 0 Tractor 1986 $73,208 $73,208 Perry & Shaw Inc Repower CAT D 10 Tractor 1990 $73,208 $73,208 Witman Ranch Repower Straddle Lift with Low-Emission Engine $9,675 $9,675 E L Yeager Construction Repower Tractor CAT 772B 1990 $78,359 $78,359 E L Yeager Construction Repower Tractor CAT 772B 1990 $78,359 $78,359 E L Yeager Construction Repower Track-Type Tractor CAT D I ON 1988 . $73,208 $73,208 E L Yeager Construction Repower Track-Type Tractor CAT DI ON 1988 $73,208 $73,208 Pacific [ndependent Equipment Repower Wheel Scraper CAT 657E 1988 $134,295 $134,295 Pacific Independent Equipment Repower Wheel Scraper CAT 657E 1989 $134,295 $134,295 Pacific Independent Equipment Repower Wheel Scraper CAT 657E 1989 $134,295 $134,295 W R Connelly Jnc Repower Scraper CAT 675E 1995 $134,295 $134,295 W R Connelly Inc Repower Scraper CAT 675E 1995 $134,295 $134,295 W R Connelly Inc Repower Scraper CAT 675E 1996 $134,295 $134,295 W R Connelly Ioc Repower Scraper CAT 675E 1996 $134,295 $134,295 W R Connelly Jnc Repower Scraper CAT 675E 1996 $134,295 $134,295 South Bav Union School District Purchase CNG-Powered Bus $44,220 $44,220 SUB-TOTAL CATEGORY 1 PROJECTS: $5,110,720 $5,110,720 CATEGORY 2 SANDAG San Diego Regional Vanpool $344,000 $344,000 Friendship Transportation Commuter Srvc - Temecula-Oceanside Transit Center $422,356 $105,589 ENRG/Greater SD Transportation Purchase 20 CNG-Powered Vans for Airport Shunle Service $185,000 $185,000 Friendship Transportation Commuter Srvc - Temecula San Diego Commuter Service $1,478,246 $211,178 City ofChula Vista Transportation Demand Management - Financial Incentives $222,498 $222,498 Friendship Transportation Commuter Service - Old Town Transit Ctr-Linda Vista $411,890 $82,278 MroB I NC1D Rail Connection - Sorrento Valley Coaster Connection 5552,000 $552,000 City of Chula Vista Commuter Srvc - Express Bus Chula Vista to Downtown $134,927 $134,927 City of Chula Vista Commuter Srvc - Express Shunle Chula Vista to Trol1ey $56,900 $56,900 Friendship Transportation Rail Connection - Kearny Mesa COASTER Connection $418,500 $82,378 MroB Commuter Srvc - Reverse Commute Bus Express Service $100,000 $100,000 MroB Purchase CNG-Bus for Chula Vista Nature Cntr Shunle $135,000 5135,000 NCro Commuter Srvc - Vista Business Park Employee Shuttle $160,000 $111,732 MTDB/SANDAG Commuter Srve - Guaranteed Ride Home ProlITam $43,500 $43,500 SUB-TOTAL CATEGORY 2 PROJECTS: $4,664,817 $2,366,980 GRAND TOTAL: $9,775,537 $7,477,700 EMISSION REDUCTION PROJECTS RECOMMENDED - 4- L( -Ib 7 SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: AI!) ~:;:5b ~J~ , ROBERT R COPPER Deputy Chief Administrative Officer RICHARD J. SMITH Air Pollution Control Officer Attachm~nts A 2002-03 Vehicle Registration Funding AlIocation Plan Table I - 2002-03 Vehicle Registration AlIocation Plan Funding Plan Table 2 - Emission Reduction Projects Recommended Table 3 - Emission Reduction Projects Evaluated B. Memorandum of Understanding between the Air PolIution Control Board and San Diego Association of Governments (10/25/00 revision), C. San Diego Association of Governments' Comments D, Workshop Report - 5 - Lf -I b? SUBJECT: '2002-03 VEIDCLE REGISTRATION FUNDING ALLOCATION PLAN (District: AIl) . AGENDA ITEM INFORMATION SHEET CONCURRENCE(S) COUNTY COUNSEL REVIEW Written disclosure per County Charter Section 1000.1 required [X] Yes [] Yes [X] Yes [X] Yes [X] Yes GROUP/AGENCY FINANCE DIRECTOR CHIEF FINANCIAL OFFICER Requires Four Votes GROUP/AGENCY INFORMATION TECHNOLOGY DIRECTOR [] Yes [] Yes [] Yes CHIEF TECHNOLOGY OFFICER DEPARTMENT OF HUMAN RESOURCES Other Concurrence(s): Purchasing and Contracting Department [X] No [] N/A [] N/A [] No [X]N/A [X]N/A [X]N/A ORIGINATING DEPARTMENT: Air Pollution Control District, County of San Diego CONTACT PERSON(S): Richard J. Smith Name (858) 650-4500 Phone (858) 650-4657 Fax 0176 Mail Station Richard.Smith@sdcounty.ca.gov E-mail AUTIfORlZED REPRESENTATIVE: Richard J. Smith, Air Pollution Control Officer 4 -169 ,. SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) AGENDA 'ITEM INFORMATION SHEET (continued) PREVIOUS RELEVANT BOARD ACTIONS: December 12, 2001 (APCB #1), Combined Funds Emission Reduction Proposal; May 23, 2001 (APCB #3), Vehicle Registration Funding Allocation Plan Issues; April 25, 2001 (APCB #3), FY 2000-01 Vehicle Registration Funding Plan; October 25, 2000 (APCB #2), Revised Memorandum of Understanding with SANDAG for Allocating Vehicle Registration Fees; April 24,1996 (APCB #2), Verucle Registration-Funded Project Evaluation Criteria. BOARD POLICIES APPLICABLE: N/A BOARD POLICY STATEMENTS: N/A CONTRACT NUMBER(S): N/A '" '/-/ -;D SUBJECT: 2002-03 VElllCLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) FISCAL IMPACT STATEMENT DEPARTMENT: PROGRAM: PROPOSAL: Air Pollution Control District Mobile Source Emission Reduction 2002-03 Vehicle Registration Allocation Funding Plan (Fund No. 285002) Direct Cost (a) (b) (c) Proposed Proposed Budgeted Change Revised Amount in Budgeted Current Year For Proposal Amount Budget (a+b) $4,423,815 $4,423,815 $4,423,815 $4,423,815 FUTURE YEARS ESTIMATED BUDGET OF PROPOSAL IF ADOPTED (d) (e) 1st Subsequent Year 2nd Subsequent Year Revenue/Othet Offset NET GENERAL FUND COST o o o o Staff Years o o o o Sources of Revenue/Other Offset for Proposed Change and Subsequent Years: Air Quality Improvemeot Trust fund $4,423,815 $4,423,815 balance. Space-Related Impacts: Will this proposal result in any additional space requirements? [] Yes [X] N/A SupporUOther Departmental Impacts: [] Yes [X] N/ A Remarks: [X] Yes [] N/A Funds for this request are not budgeted. The funding source is the Air Quality Improvement Trust fund balance. If approved, this request will result in $4,423,815 current-year costs, no annual costs, and no additional staff years. The recommended actions will appropriate $4,262,100 from the Air Quality Improvement Trust fund balance for emission reduction projects ranked according to Board-approved criteria, which is weighted heavily toward CQst- effectiveness, and $161,715 for a public education and outreach project. Appropriating and allocating these funds will have no impact on District operations. There is no net County cost associated with this action. L(-/7/ '" , SUBJECT: 2002-03 VEHICLE REGISTRATION FUNDING ALLOCATION PLAN (District: All) F1SCAL IMPACT STATEMENT DEPARTMENT: Air Pollution Control District PROGRAM: Mobile Source Emission Reduction PROPOSAL: 2002-03 Vehicle Registration Allocation Funding Plan (Fund No, 285004) Direct Cost FUTURE YEARS ESTIMATED BUDGET OF PROPOSAL IF ADOPTED (a) (b) (c) (d) (e) Proposed Proposed Budgeted Change Revised 1st 2ud Amount in Budgeted Current Year Subsequent Subsequent For Proposal Amount Budget (a+b) Year Year 0 $3,215,600 $3,215,600 0 $3,215,600 $3,215,600 0 0 0 0 0 0 0 0 Revenue/Other Offset NET GENERAL FUND COST Staff Years Sources of Revenue/Other Offset for Proposed Change and Subsequent Years: Mitigation Fee fund balance $3,215,600 Space-Related Impacts: Will this proposal result in any additional space requirements? [] Yes [X] N/A Support/Other Departmental Impacts: [] Yes [X] N/ A Remarks: [X] Yes [] N/A Funds for this request are not budgeted, The funding source is the Power Geuerator Mitigation Fee fund balance, If approved, this request will result in $3,215,600 current-year costs, no annual costs, and no additioual staff years, The recommeuded action will appropriate and allocate $3,215,600 to emission reduction projects ranked according to Board-approved criteria, which is weighted heavily toward cost-effectiveness, By the terms of the mitigation fee agreements, $3,171,400 is available for North County projects and $75,200 for the South Bay school districts' projects, Only one South Bay school district submitted a project for $44,200, so $31,000 remains for future allocation. A total of$9,961,850 in mitigation funds was collected in fiscal years 2000-01 and 2001-02 for emission reduction projects to offset excess emissions from power plants during California's energy crisis. Subsequently, approximately $6 million was allocated to replace older diesel school buses and retrofit newer diesel buses to reduce harmful emissions, and $1 million was allocated for Moyer prdjects to replace or repower beavy-duty diesel engines with cleaner engines. With approval of this aJIocation, more than $10 miIlion in mitigation fees plus earned interest has been allocated, Approximately $31,000 remains for South Bay school districts' projects. Appropriating and allocating these funds will have no impact on District operations. There is no net County cost associated with this action. L/-/72 A ( r JJ ell tfj;AJ-j- 0 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CUSA GCBS, LLC dba Coach USA San Diego FOR DIRECT EXPRESS (CVX) AND DIRECT SHUTTLE BUS SERVICES Pro Forma Contract B-1 tf-)13 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 1~/~ Ann Moore City Attorney Dated: 9/14/0..s- Agreement between the City of Chula Vista and CUSA GCBS, LLC dba Coach USA San Diego for Direct Express (CVX) and Direct Shuttle Bus Services 4 -j 7tf AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND CUSA GCBS, LLC dba Coach USA San Diego FOR DIRECT EXPRESS (CVX) AND DIRECT SHUTTLE BUS SERVICES THIS AGREEMENT is made and entered into this day of , 2005, by and between the City of Chula Vista, hereinafter referred to as "AGENCY" and Coach USA, hereinafter referred to as "CONTRACTOR." WIT N E SSE T H: WHEREAS, the AGENCY has authority to enter into Agreements with transportation companies for provision of transportation services in incorporated and unincorporated areas and the above-stated jurisdiction; and WHEREAS, CONTRACTOR has represented that it has the necessary expertise, personnel, and other resources, and is qualified to perform such services. NOW, THEREFORE, it is mutually understood and agreed as follows: I. STATEMENT OF WORK CONTRACTOR shall operate and manage transportation services in the area herein specified in a manner acceptable to the AGENCY and in strict compliance with this Agreement and with the requirements set forth in Exhibit A, entitled "Scope of Work", attached hereto and by this reference incorporated herein and made a part thereof. CONTRACTOR's Technical Proposal submittal shall also be attached to this Agreement and incorporated as a plan for fulfilling the requirements in the Scope of Work. II. GENERAL PROVISIONS A. Chances The AGENCY, or its designated representative, may at any time, by written order, make changes within the general scope of this Agreement, in the definition of services to be performed, and the time and place of performance thereof. If any such change causes an increase or decrease in the cost of or the time required for the performance of any part of the work under this Agreement, whether changed or not changed by any such order, an equitable adjustment shall be made in the Agreement price or delivery schedule, or both, and the Agreement shall be modified in writing accordingly. Any claim by the CONTRACTOR for adjustment under this clause must be asserted within 30 days from the date of receipt by the CONTRACTOR of the notification of change. However, if the AGENCY, or its designated representative decides that the facts justify such action, the AGENCY, or its designated representative may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. Where the cost of property made obsolete or excess as a result Pro Forma Contract B-1 q -/76 of a change is included in the CONTRACTOR's claim for adjustment, the AGENCY, or its designated representative shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Agreement entitled "Disputes". However, nothing in this clause shall excuse the CONTRACTOR from proceeding with the Agreement as changed. Additions/deletions of services or service, as well as modifications including changes in route mileage or timetables, shall not be considered as "changes" for the purposes of this Article. Additions/deletions of routes, modifications to route mileage or timetables, and compensation relating thereto, are governed solely by Article III of this Agreement. B. DisDutes Except as otherwise provided in this Agreement, any dispute concerning a question of fact arising under this Agreement which is not disposed of by agreement shall be decided by the AGENCY, or its designated representative, which shall furnish the decision to CONTRACTOR in writing. The decision of the AGENCY, or its designated representative shall be final and conclusive unless determined by a court of competent jurisdiction to have been fraudulent or capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith. CONTRACTOR shall proceed diligently with the performance of the Agreement pending the AGENCY, or its designated representative's decision. The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph 1 above. Nothing in this Agreement shall be construed as making final the decision of any administrative official, representative, or board on a question of law. C. Termination for Convenience of the AGENCY 1. The performance of work under this Agreement may be terminated by the AGENCY in accordance with this clause in whole, or from time to time, in part, with 30 days written notice, whenever the AGENCY shall determine that such termination is in the best interest of the AGENCY. Any such termination shall be effected by delivery to the CONTRACTOR of a Notice of Termination specifying the extent to which performance of work under the Agreement is terminated, and the date upon which such termination becomes effective. 2. After receipt of a Notice of Termination, and except as otherwise directed by the AGENCY, the CONTRACTOR shall: a. Stop work under the Agreement on the date and to the extent specified in the Notice of Termination. b. Place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the work under the Agreement as is not terminated. Pro Forma Contract B-2 II I 7 I '-1 -' t? c. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination. d. Assign to the AGENCY all of the rights, title, and interests of the CONTRACTOR under the orders and subcontracts so terminated, in which case the AGENCY shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts. e. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts. f. Complete performance of such part of the work as shall not have been terminated by the Notice of Termination. g. Take such action as may be necessary, or as the AGENCY may direct, for the protection and preservation of the property related to this Agreement which is in the possession of the CONTRACTOR and in which the AGENCY has, or may acquire, interest. 3. After receipt of a Notice of Termination, the CONTRACTOR shall submit to the AGENCY a verified termination claim. Such claim shall be submitted promptly but in no event later than gO days from the effective date of termination, unless one or more extensions in writing are granted by the AGENCY upon request of the CONTRACTOR made in writing within such gO-day period or authorized extension thereof. 4. The CONTRACTOR and the AGENCY may agree upon the whole or any part of the amount or amounts to be paid to the CONTRACTOR by reason of the total or partial termination of work pursuant to this clause, which amount or amounts may include a reasonable allowance for profit on work done; provided that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total Agreement price as reduced by the amount of payments otherwise made and further reduced by the Agreement price of work not terminated. In no event shall the AGENCY be liable for any loss of profits on the portion of the Agreement so terminated. The Agreement shall be amended accordingly, and the CONTRACTOR shall be paid the agreed amount. D. Default and Excess Re-Procurement Liabilitv The AGENCY may, by written notice of default to CONTRACTOR, terminate this Agreement in whole or in part should CONTRACTOR fail to make satisfactory progress, fail to deliver within time specified herein or fail to deliver in strict conformance to specifications and requirements set forth herein. In the event of such termination, the AGENCY reserves the right to purchase or obtain the items supplied and/or services elsewhere, and the defaulting CONTRACTOR shall be liable for the difference between the prices set forth in this Agreement and the actual cost thereof to the AGENCY. The prevailing market price shall be considered the fair repurchase price. Pro Forma Contract B-3 L( ; -1 _7 -,. f I ~ E. If, after notice of termination of the Agreement under the provisions of this clause, it is determined for any reason that the CONTRACTOR was not in default under this clause, the rights and obligations of the parties shall, if the Agreement contains a clause providing for termination for convenience of the AGENCY, be the same as if the notice of termination had been issued pursuant to such clause. The rights and remedies of the AGENCY provided in this article shall not be exclusive and are in addition to any other rights and remedies provided by law or this Agreement. The AGENCY may terminate this Agreement if a federal or state proceeding for the relief of debtors is undertaken by or against the CONTRACTOR or if CONTRACTOR makes an assignment for the benefit of creditors. If the CONTRACTOR must pay the AGENCY under this clause, the AGENCY may utilize payments due CONTRACTOR in order to obtain payment due the AGENCY. F. Riqht to ACQuire Equipment and Services Nothing in this Agreement shall prohibit the AGENCY from acquiring the same type or equivalent equipment and/or services from other sources when deemed by the AGENCY to be in its best interest. G. Governinq Law This Agreement shall be construed and interpreted according to the laws of the State of California. H. CONTRACTOR Assiqnments and Subcontractinq Neither this Agreement, nor any interest herein, nor hereunder may be assigned by CONTRACTOR either voluntarily or by operation of law, nor may all or substantially all of this Agreement be subcontracted by CONTRACTOR without the prior written consent of the AGENCY. No consent shall be deemed to relieve CONTRACTOR of its obligations to comply fully with the requirements hereof. I. Audit and Inspection of Records The AGENCY shall have the audit and inspection rights described in this section. Cost and/or pricing data - If the CONTRACTOR submitted cost or pricing data in connection with the pricing of this Agreement or any change or modifications thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities to the general public, or prices set by law or regulation, the Contracting Officer or his representatives who are employees of the AGENCY or its agent shall have the right to examine all books, records, documents and other data of the CONTRACTOR related to the negotiation pricing or performance of such Agreement, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted. Pro Forma Contract 8-4 '-f-/7t CONTRACTOR shall maintain such books, records, data, and documents by generally accepted accounting principles as required by the uniform system of accounts and records adopted by the State Controller pursuant to Section 99243 of the Public Utilities Code and as required by the Transportation Planning Agencies. Availability - The materials described above shall be made available at all reasonable times, for inspection, audit or reproduction, until the expiration of three (3) years from the date of final payment under this Agreement, or by (a) and (b) below: a. If this Agreement is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three (3) years from the date of any resulting final settlement. b. Records which relate to appeals under the "Disputes" clause of this Agreement, or litigation or the settlement of claims arising out of the performance of this Agreement, shall be made available until such appeals, litigation, or claims have been disposed of, or three (3) years after Agreement completion, whichever is longer. The CONTRACTOR shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the General Manager under the AGENCY's prime Agreement. J. Inspection of Service All performance (which includes services, materials, supplies, and equipment furnished or utilized in the performance under this Agreement, and workmanship in the performance of services) shall be subject to inspection and test by the AGENCY at all times during the term of the Agreement. The CONTRACTOR shall provide adequate cooperation to any inspector assigned by the AGENCY to permit the inspector(s) to determine the CONTRACTOR's conformity with these specifications and the adequacy of the services being contractually provided. All inspection by the AGENCY shall be made in such a manner as not to unduly interfere with CONTRACTOR performance. If any services performed hereunder are not in conformity with the specifications and requirements of this Agreement, the AGENCY shall have the right to require the CONTRACTOR to perform the services in conformity with said specifications and requirements at no increase in the total Agreement amount. When the services to be performed are of such a nature that the difference cannot be corrected, the AGENCY shall have the right to: a. Require the CONTRACTOR to immediately take all necessary actions to ensure future performance of the services in conformity with the requirements of the Agreement, and Pro Forma Contract B-5 4-i7<1 b. Reduce the Agreement price to reflect the reduced value of the services performed. In the event the CONTRACTOR fails to perform the services promptly or take necessary actions to ensure future performance of the service in conformity with the specifications and requirements of the Agreement, the AGENCY shall have the right to either: (1) By the Agreement or otherwise have the services performed in conformity with the Agreement specifications and charge to the CONTRACTOR any cost occasioned to the AGENCY that is directly related to the performance of such services, or (2) Terminate the Agreement for default as provided in the "Termination" clause. K. Federal. State. and Local Laws CONTRACTOR warrants that in the performance of this Agreement it shall comply with all lawful federal, state, and local orders, rules, regulations, and/or requirements such as the Americans with Disabilities Act, the California Department of Motor Vehicles Pull-Notice System for drivers, and any other matter that impacts safety, eligibility for funding, risk exposure, or other relevant area of endeavor. L. Data Reported CONTRACTOR agrees that all data, including, but not limited to, reports and information, required to be furnished by this Agreement together with any other information furnished orally shall be free from proprietary restrictions except as elsewhere authorized in this Agreement. CONTRACTOR further agrees that all such data is owned by the AGENCY and that CONTRACTOR shall have no interest or claim thereto. The CONTRACTOR further agrees to participate as requested by the AGENCY in research and/or evaluative studies designed to show the effectiveness of services provided under this Agreement. M. Equal Opportunity and Affirmative Action In connection with the carrying out of this Agreement, CONTRACTOR and AGENCY shall not discriminate against any employee or applicant for employment because of race, creed, color, gender, marital status, medical condition, disability, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, transfer, recruitment advertising, layoff or termination, rates of payor other forms of compensation, and selection for training, including apprenticeship. CONTRACTOR shall comply with all AGENCY requirements for affirmative action programs for vendors. Pro Forma Contract 8-6 Lf-120 M. Non-Discrimination on the Basis of Disabilitv CONTRACTOR shall comply with all federal, state and county regulations implementing Section 504 of the Rehabilitation Act of 1973, 29 USC 706 as promulgated by the Department of Justice in Title 28, Code of Federal Regulations, Part 41 and the Americans With Disabilities Act of 1990. N. Special FundinG Consideration This Agreement will be financed with funds available to the AGENCY under the Air Pollution Control District (APCD) grant as well as other funding sources. These funds are limited; consequently, this Agreement is contingent upon the receipt of these funds by the AGENCY. In the event that funding from these sources is eliminated, decreased, or is determined by the AGENCY not to meet the AGENCY'S requirements, the AGENCY reserves the ri9ht to terminate this Agreement or modify it accordingly. The CONTRACTOR hereby expressly waives any and all claims against the County of San Diego, the San Diego Associations of Governments (SANDAG), and the cities of San Diego, Chula Vista, and any other funding entity for damages arising from the termination, suspension or reduction of the funds provided under which this Agreement is made. O. Conflict of Interest The CONTRACTOR covenants that it presently has no interest, including but not limited to other projects or independent contracts, and shall not acquire any such interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The CONTRACTOR further covenants that in the performance of this Agreement, no person having any such interest shall be employed or retained by it under this Agreement. P. Conduct of Contractor The CONTRACTOR agrees to inform the AGENCY of all the CONTRACTOR's interests, if any, which are or which the CONTRACTOR believes to be incompatible with any interests of the AGENCY. The CONTRACTOR shall not, under circumstances which might reasonably be interpreted as an attempt to influence the recipient in the conduct of his duties, accept any gratuity or special favor from individuals or organizations with whom the CONTRACTOR is doing business or proposing to do business, in accomplishing work under this Agreement. The CONTRACTOR shall not use for personal gain or make other improper use of privileged information that is acquired in connection with his employment. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of individuals; anticipated materials requirements or pricing actions; and, knowledge of selections of contractors or subcontractors in advance of official announcement. Pro Forma Contract B-7 4-/?/ The CONTRACTOR or employees thereof shall not offer gifts, gratuity, favors, or entertainment directly or indirectly to AGENCY employees. Q. Non-Discrimination in Service Delivery CONTRACTOR shall ensure that services are provided to the public without regard to race, color, religion, ancestry, gender, marital status, age, national origin, ethnic group identification, medical condition, or disability. R. DruQ and Alcohol Free Workplace CONTRACTOR shall meet all requirements set forth by the Federal government's Omnibus Transportation Employee Act of 1991, in regards to controlled substance and alcohol use and testing. As a material condition of this Agreement, the CONTRACTOR agrees that the CONTRACTOR and CONTRACTOR employees, while performing service for the AGENCY: a. Shall not be in any way impaired because of being under the influence of alcohol or drug. b. Shall not possess an open container of alcohol or consume alcohol or possess or ingest an illegal drug. c. Shall not sell, offer, provide, or transfer alcohol or drug to another person directly or indirectly. (This paragraph shall not apply to a CONTRACTOR or its employees who as part of the performance of normal job duties and responsibilities prescribes and/or administers medically prescribed drugs.) The CONTRACTOR shall inform all employees that are performing services for the AGENCY, of the AGENCY objective of a safe, healthful, and productive workplace, and the prohibition of drug and alcohol use or impairment from same while performing such service for the AGENCY. . The AGENCY may terminate for Default or Breach of this Agreement and any other Agreement the CONTRACTOR has with the AGENCY, if the CONTRACTOR's employees are determined by the AGENCY, or its designated representative, not to be in compliance with the conditions listed herein. s. Subcontracts CONTRACTOR shall include the provisions of clauses H, I, J, K, L, M, N, 0, P, Q, and R of this Article II in every subcontract entered into by CONTRACTOR in furtherance of the performance of this Agreement. Pro Forma Contract 8-8 4-191- T. AGENCY Assiqnment of Aqreement The AGENCY may, at any time during the term of this Agreement, reassign its responsibilities under this Agreement to another public agency. CONTRACTOR shall be notified of such reassignment with no less than ten working days written notice. Written notice shall indicate the effective date of reassignment. Upon reassignment, all references to "AGENCY" in this Agreement shall be understood to refer to the public agency identified in the written notice. All conditions, responsibilities, duties, and requirements of the Agreement, on the part of both AGENCY and CONTRACTOR, shall remain in full force and effect. III. PAYMENT A. Base: For CONTRACTOR's full and complete performance under this Agreement, the AGENCY agrees to pay CONTRACTOR the rates per One-Way Trips indicated below: Direct Express Service Operating Cost per Aqreement One-Way Trip First 12 Months - $173.68 Second 12 Months = $180.63 Direct Shuttle Bus Service Operating Cost per Aoreement One-Way Trip First 12 Months = $104.00 Second 12 Months - $108.16 B. Option: Per One-Way Trips Additional Service Operating Cost per One-Way Trips One-Way Trip Direct Express $173.68 Direct Shuttle $104.00 C. Estimated One-Way Trips The AGENCY is estimating that the CONTRACTOR may operate a total of 1,768 scheduled one-way trips per service during the base term of this Agreement. It must be noted that this one-way trip figure is only an estimate and that the actual number of one-way trips operated may differ from this estimate. AGENCY is planning a gradual implementation of service based on passenger demand, funding and/or service changes. Pro Forma Contract 8-9 L{ -) ?3 D. Implementation of Services Prior and during the implementation of services the AGENCY may reduce or delete the services mentioned in Section III, part A, Direct Express and Direct Shuttle service. E. Additional Services During the term of the Agreement, the AGENCY may require CONTRACTOR to provide additional services directly related to the service described herein but outside normal, routine operations shall be considered additional services. The AGENCY, or its designated representative shall authorize any additional services in advance of service delivery. Charges for additional services shall be mutually agreed to, after a determination of fair and reasonableness by the AGENCY, or its designated representative. F. Fuel Escalator IDe-Escalator In the detenmination of the cost of this service as specified in this Article III, it is assumed that the base cost of fuel will be detenmined before the start of service by taking the average cost per gallon (Le., the cost excluding all taxes charged to CONTRACTOR) used by CONTRACTOR during the previous 30 days. When the price paid by CONTRACTOR exceeds this base cost, the AGENCY shall pay such difference for each gallon of fuel used in performance of this Agreement. When the price paid by CONTRACTOR is less than the base cost established, the AGENCY shall deduct such difference for each gallon of fuel used in perfonmance of this Agreement. Fuel price adjustments shall be paid or deducted on a monthly basis with the monthly invoice. CONTRACTOR shall submit to the AGENCY copies of invoices and receipts necessary to establish the "price paid by CONTRACTOR". It is mutually agreed by parties to use 5.5 miles per gallon as the base to determine the monthly fuel used during the provision of this service under this agreement. CONTRACTOR shall acquire fuel at a competitive commercial or government rates whichever is less. G. Maximum Pavable The amount of payment based on estimated one-way trips due CONTRACTOR during the term of this agreement shall not exceed $550,000. H. Claims for Pavment CONTRACTOR shall submit a claim for payment to the AGENCY after the end of each month of the contract term. All payments made by the AGENCY to CONTRACTOR shall be made in arrears, after the service has been provided. No payment shall be made for revenue service miles or hours scheduled but not provided. Payment shall be made by the AGENCY no more than 30 (thirty) days Pro Forma Contract 8-10 4-li~ from the AGENCY's receipt of invoice. If the AGENCY disputes any item on an invoice, the AGENCY may deduct that disputed item from payment, but shall not delay payment for undisputed portions. The amounts and reasons for such deductions shall be documented to CONTRACTOR within 15 working days after receipt of invoice. Payment shall be made by voucher or check payable to: Company: Attention: Address: City, State, Zip: CUSA GCBS dba Coach USA San Diego Russ McKnight 3888 Beech Street San Diego, CA 92105 IV. CONTRACTOR-FURNISHED EQUIPMENT/FACILITIES A. In performance of services included in this Agreement, the CONTRACTOR will furnish vehicles and equipment as stipulated in Exhibit A and Attachments. All repairs and maintenance to this equipment shall be the responsibility of CONTRACTOR throughout the duration of this Agreement B. CONTRACTOR shall operate and maintain facilities to allow it to perform this Agreement. V. DISENTANGLEMENT A. Disentanqlement Process The Disentanglement process (Disentanglement) shall begin on any of the following dates: . The date any Termination Notice is delivered by AGENCY pursuant to Article II.,C. Termination for Convenience of the AGENCY; . The date the AGENCY notifies CONTRACTOR that no funds or insufficient funds have been appropriated pursuant to Article II.,N. Special Funding Considerations; . The date designated by the AGENCY (not earlier than ninety (90) days prior to the end of the base term); . The extended term that the AGENCY has not elected to extend pursuant to Article IX., B. Carryover Term. CONTRACTOR and the AGENCY shall mutually agree upon the nature and extent of CONTRACTOR's disentanglement obligations and for the transfer of Services in process. CONTRACTOR's obligation under this agreement to provide all services necessary for Disentanglement shall not be lessened in any respect by this provision. CONTRACTOR shall be required to perform its Disentanglement obligations within a reasonable time as determined by AGENCY, if AGENCY terminates the base term pursuant to Article II., C. or N. Pro Forma Contract 8-11 L/ -1/5"" B. General Obliqations Upon disentanglement, CONTRACTOR shall cooperate with the AGENCY and any new service provider and otherwise promptly take all steps required to assist the AGENCY in effecting a complete transition of services. Cooperation efforts include, but are not limited to, the prompt and orderly conclusion of all work, as the AGENCY may direct, including completion or partial completion of projects, documentation of work in process, asset transfers and other measures as agency may deem appropriate. All services related to Disentanglement shall be deemed a part of the base term. CONTRACTOR's obligation to provide services shall not cease until this Disentanglement is satisfactory to the AGENCY. Specific Obliqations in Detail The Disentanglement Process shall include the performance of the following specific obligations: Full Cooperation and Information - Cooperation shall include the provision (both before and after the cessation of CONTRACTOR's providing all or any part of the Services under this Agreement) by CONTRACTOR to the AGENCY of full, complete, detailed, and sufficient information (including all information then being utilized by CONTRACTOR) to enable the AGENCY's personnel (or that of third parties) to fully assume and continue without interruption the provision of the Services. No Interruption or Adverse Impact - CONTRACTOR shall cooperate with the AGENCY and all of the AGENCY's other service providers to ensure a smooth transition at the time of Disentanglement, with no interruption of Services, no adverse impact on the provision of Services or the AGENCY's activities, no interruption of any services provided by third parties, and no adverse impact on the provision of services provided by third parties. Deliverv of Documentation - CONTRACTOR shall deliver to the AGENCY or its designee, at the AGENCY's request, all documentation and data related to the provision of services of this Agreement to the AGENCY. VI. PERFORMANCE SURETY A performance surety is required during the period of this Agreement. Before the Agreement between the CONTRACTOR and the AGENCY shall be valid or binding against the AGENCY, the CONTRACTOR shall enter into a joint and several Bond with the AGENCY for the use of said AGENCY, which bond shall be signed by the CONTRACTOR in two or more good and sufficient sureties, or with a surety company as surety, and shall be in the amount of one hundred thousand dollars ($100,000) in which said bond shall at all times be kept in full force and effect. An irrevocable letter of credit from a bank in the required amount is also acceptable. Fifty thousand dollars ($50,000) of the bond (or irrevocable letter of credit) shall be continued for six months beyond the end of this Agreement to ensure CONTRACTOR'S Pro Forma Contract 8-12 4 -/2h obligations with respect to disentanglement are met. Said Bond shall be in a form acceptable to AGENCY attorney and from an A5 rated company at a minimum. The condition of the Bond or irrevocable letter of credit shall be that the CONTRACTOR shall fully and faithfully perform all conditions of the Agreement and these specifications. If it is determined by the AGENCY that the CONTRACTOR has substantially failed to truly keep and perform the covenants, conditions and agreements this Agreement, and any amendments thereto made as herein provided, then the AGENCY may require the surety to perform. The AGENCY shall notify the Surety and give the Surety a reasonable opportunity to perform. If the Surety fails to perform, the AGENCY shall perform and assess the Surety on its Bond for the cost of such performance. Cost of such performance includes the costs of all labor and equipment reasonably necessary to perform the work in CONTRACTOR's absence. The performance bond or irrevocable letter of Credit shall take effect at the start of service, and remain in full force and effect throughout the duration of this Agreement. The performance bond or irrevocable letter of credit submitted at the beginning of this Agreement shall cover a term of no less than one year. CONTRACTOR must renew bond or irrevocable letter of credit throughout the term of this Agreement. Any bond or irrevocable letter of credit that expires within the period of this Agreement shall be renewed within 14 days prior to its expiration. If a new or renewed bond or irrevocable letter of credit is not received by AGENCY within 14 days of the expiration date of the bond or irrevocable letter of credit being used to satisfy the requirements of this section, AGENCY shall assess liquidated damages against CONTRACTOR in the amount of $100 per day until received by AGENCY. Failure to have bond or irrevocable letter of credit kept in full force and effect shall be cause for termination of this Agreement. AGENCY shall reimburse CONTRACTOR for the actual yearly cost of the performance bond or irrevocable letter of credit. AGENCY shall have the right to reduce the amount of the required bond, or waive the requirement for a bond, at its sole discretion. VII. LIQUIDATED DAMAGES From the nature of the services to be rendered, the CONTRACTOR and the AGENCY agree that it is extremely difficult to fix actual damages which may result from failure on the part of the CONTRACTOR to perform any of its obligations herein and the resulting loss to the AGENCY. Therefore, both parties agree that the CONTRACTOR's liability should be limited to, and fixed at, the sums stated in the charts included in Exhibit A ("Scope of Work"), Articles 13 and 14, as liquidated damages and not as penalty. These liquidated damages may be deducted automatically by the AGENCY from CONTRACTOR invoices. The decision of the AGENCY, or its designated representative, is final with respect to any assessment of liquidated damages. The AGENCY, or designated representative may rely on information supplied by CONTRACTOR, by the public, or by staff, as well as by other means in determining assessment of liquidated damages. In addition to the specific items and estimated sums of actual damages presented in Exhibit A as liquidated damages, AGENCY may, at its discretion, assess the actual damage caused by the breach as its remedy, and obtain this remedy through set-off against CONTRACTOR or any other appropriate procedure. Pro Forma Contract B-13 Lf-127 Failure of AGENCY to assert any right which it has under this agreement, or to assess any liquidated damage as provided herein, shall not act as a waiver to AGENCY's right to enforce the provisions of this agreement, or assess liquidated damages in the future, except as specified herein. The assessment of liquidated damages and/or deductions as provided under this agreement shall in no way relieve the CONTRACTOR of its obligation to provide sufficient service, vehicles, or drivers, or to meet any of the terms of this agreement. VIII. INDEMNITY Except as may be provided otherwise in the Agreement, CONTRACTOR shall indemnify, defend and hold harmless "the AGENCY (City of Chula Vista), SANDAG, Air Pollution Control District (APCD), and the County of San Diego (County), their officers, agents and employees from any and all claims, demands, loss, litigation, or liability of any kinds or nature whether real or alleged which the City of Chula Vista, SANDAG, APCD, or County, their officers, agents, and employees may sustain or incur, or which may be imposed upon them, or any of them, for any acts or omissions by CONTRACTOR, its officers, agents, or employees arising out of or in any way connected with the performance of work under this Agreement. CONTRACTOR shall have no obligation to defend or indemnify the City of Chula Vista, SANDAG, APCD, or County, for such injury or harm that may be caused solely or exclusively by fault, negligence, or willful misconduct of the City of Chula Vista, SANDAG, APCD, or County, or their agents or employees. IX. INSURANCE . Without limiting CONTRACTOR's indemnification obligations to AGENCY, CONTRACTOR must procure insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work under the contract and the results of that work by the CONTRACTOR, his representatives, employees or subcontractors and provide documentation of same prior to commencement or work. The insurance must be maintained for the duration of this Agreement and for such other period as may be required herein, at its sole expense, insurance in the amounts and form described below. A. Minimum Scooe of Insurance Coverage must be at least as broad as: 1. Insurance Services Office Commercial General Liability coverage (occurrence Form CG0001) 2. Insurance Services Office Form Number CA 0001 covering Automobile Liability, code1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance. 8. Minimum Limits of Insurance Contractor must maintain limits no less than: Pro Forma Contract 8-14 Lf-IF? 1. General Liability: (Including operations, products and completed operations, as applicable.) 2. Automobile Liability: 3. Workers' Compensation Employer's Liability: $5,000,000 per occurrence for bodily injury, personal injury 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. $15,000,000 per accident for bodily injury and property damage. Statutory $1,000,000 each accident $1,000,000 disease-policy limit $1,000,000 disease-each employee C. 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. D. Other Insurance Provisions - The general liability, automobile liability, and where appropriate, the worker's compensation policies are to contain, or be endorsed to contain, the following provisions: 1. The City of Chula Vista, its officers, officials, employees, agents, and volunteers are to be named as additional insureds with respect to liability arising out of automobiles owned, leased, hired or borrowed by 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 20 10 11 85 or its equivalent. 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 required by this clause must be endorsed to state that coverage will not be canceled by either party, except after thirty (30) days' prior written notice to the City by certified mail, return receipt req uested. 4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to Pro Forma Contract 6-15 L{ - I P9 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. E. Acceptability of Insurers - Insurance is to be placed with licensed insurers admitted to transact business in the State of California with a current A.M. Best's rating of no less than A- V. 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 current A.M. Best's rating of no less than AX. F. Verification of Coveraqe - Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on insurance industry forms, provided those endorsements 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. . G. Subcontractors - Contractor must include all subcontractors as insureds under its policies or furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors is subject to all of the requirements included in these specifications. H. Additional Insured Endorsement - Any general liability policy provided by CONTRACTOR hereunder shall contain an endorsement which applies its coverage to the AGENCY, the members of the Board of the AGENCY and the officers, agents, employees and volunteers of the AGENCY, individually and collectively, as additional insureds. . I. Primarv Insurance Endorsement - The coverage afforded by the additional insured endorsement described above shall apply as primary insurance, and any other insurance maintained by the AGENCY, the members of the Board of the AGENCY, or its officers, agents, employees and volunteers, or any AGENCY self-funded program, shall be excess only and not contributing with such coverage. J. General Provisions Additional Insureds - Any and all insurance policies of CONTRACTOR (including, but not limited to, Comprehensive General Liability Insurance and/or Commercial General Liability Insurance, Workers' Compensation and Employer's Liability Insurance, Automobile Liability and Physical Damage Insurance, and Subcontractors' Insurance) and their documents, endorsements, attachments, addenda, and renewals shall name the City of Chula Vista, SANDAG and the County of San Diego, and their directors, officers, agents, and employees as additional insureds. Pro Forma Contract 8-16 L( !-'~ _. '1 () Evidence of Insurance - CONTRACTOR shall, as soon as practicable following the placement of insurance required hereunder, but in no event later than the effective date of the Agreement, deliver to AGENCY certificates of insurance evidencing the same, together with appropriate separate endorsements, evidencing that CONTRACTOR has obtained such coverage for the period of the Agreement. CONTRACTOR shall deliver certified copies of the actual insurance policies specified herein, within thirty days after commencement of work. Thereafter, copies of renewal policies, or certificates and appropriate separate endorsements thereof, shall be delivered to AGENCY within ten (10) days prior to the expiration of the term of any policy required herein. CONTRACTOR shall permit AGENCY at all reasonable times to inspect any policies of insurance of CONTRACTOR which CONTRACTOR has not delivered to AGENCY. Failure to Obtain or Maintain Insurance: AGENCY's Remedies - CONTRACTOR's failure to procure the insurance specified herein, or failure to deliver certified copies or appropriate certificates of such insurance, or failure to make the premium payments required by such insurance, shall constitute a material breach of the Agreement, and AGENCY may, at its option, terminate the Agreement for any such default by CONTRACTOR. No limitation of Obliqations - The foregoing requirements as to the types and limits of insurance coverage to be maintained by the CONTRACTOR, and any approval of said insurance by the AGENCY or its insurance CONTRACTOR(s), are not intended to and shall not in any manner limit or qualify the liabiiities and obligations otherwise assumed by the CONTRACTOR pursuant to the Agreement, including, but not limited to, the provisions concerning indemnification. Notice of Cancellation or Chanqe of Coveraqe - All certificates of insurance provided by CONTRACTOR must evidence that the insurer providing the policy will give AGENCY thirty (30) days' written notice, at the address shown in the section of the Agreement entitled "Notices," in advance of any cancellation, lapse, reduction or other adverse change respecting such insurance. Primary Insurance - CONTRACTOR agrees that all general liability coverages required under this section are PRIMARY insurance and that any insurance of the City of Chula Vista, SANDAG and County of San Diego shall be excess and noncontributory. Qualifyinq Insurers - All policies of insurance required hereby shall be issued by companies which have been approved to do business in the State of California by the State Department of Insurance, and which hold a current policy holder's alphabetic and financial size category rating of not less than A-, VII according to the current Best's Key Rating Guide, or a company of equal financial stability that is approved in writing by AGENCY's Risk Manager. Review of Coveraqe - AGENCY shall retain the right at any time to review the coverage, form and amount of insurance required herein and may require CONTRACTOR to obtain insurance reasonably sufficient in coverage, form and Pro Forma Contract B-17 Lf -Iq / amount to provide adequate protection against the kind and extent of risk which exists at the time a change in insurance is required. Waiver of Subroqation - CONTRACTOR and AGENCY release each other, and their respective authorized representatives, from any insurance carried by AGENCY or CONTRACTOR other than any self-insurance, covers any such claim or damage. Included in any policy or policies of insurance provided by CONTRACTOR hereunder shall be a standard waiver of rights of subrogation against AGENCY by the insurance company issuing said policy or policies. Term of Insurance Coveraqe - All CONTRACTOR insurance policies shall take effect upon occupancy of any facility, or portion thereof, used in the performance of this Agreement. This shall include any time period in which CONTRACTOR employees, subcontractors, or are being trained or used for implementation or disentanglement, whether or not this period is included in the base term of this Agreement. All insurance coverages shall become effective and in full force no later than whenever vehicles are operated by CONTRACTOR in the performance of this Agreement. All coverages required shall remain in full force and effect through the entire term of this Agreement. X. TERMS OF AGREEMENT A. Base Term This Agreement shall become effective upon execution, and CONTRACTOR shall provide service and/or services through June 30, 2006. This Agreement shall continue in full force and effect until June 30, 2006, unless terminated earlier or extended as herein provided. B. Carrvover Term In consideration of the herein Agreement, CONTRACTOR grants to the AGENCY the below carryover options, exercisable in writing solely by the AGENCY's representative, the AGENCY, or its designated representative. The AGENCY shall have the option to extend the service provided by CONTRACTOR under this Agreement for up to twenty four (24) consecutive one-month periods after the base term. If the AGENCY desires to exercise any of these carry-over months, the AGENCY shall notify CONTRACTOR of its intent at least 30 calendar days before the carry-over month is to begin. Compensation related to such carryover period(s) shall be based on the most recent rate prior to the carryover period plus the San Diego area Consumer Price Index capped at 3%. Section III, F, will remain intact throughout all carryover periods XI. REPRESENTATIVES OF AGENCY AND CONTRACTOR A. The AGENCY Project Manager or his designated representative shall represent AGENCY in all matters pertaining to this Agreement and shall administer this Pro Forma Contract 8-18 1-( -Iq 2- Agreement on behalf of AGENCY. The AGENCY Project Manager or his designated representative shall be the technical representative for this agreement. B. CONTRACTOR's Responsible Management Individual shall represent CONTRACTOR in all matters pertaining to this Agreement on behalf of CONTRACTOR. CONTRACTOR's Operations Manager shall be the technical representative for this agreement. XII. NOTICE OF LABOR DISPUTE AND LABOR RELATIONS CONTRACTOR shall have exclusive responsibility for conducting its labor relations including negotiating its labor contracts and for establishing compensation and working conditions of its employees. Whenever CONTRACTOR has knowledge that any actual or potential labor dispute prevents or threatens to prevent performance under this Agreement, CONTRACTOR shall immediately notify the AGENCY in writing and submit all relevant information to the AGENCY. CONTRACTOR shall also notify the AGENCY of grievances and/or discrimination complaints. AGENCY shall not have responsibility or liability for labor disputes between CONTRACTOR and its employees. XIII. INTERRUPTION OF SERVICE AND PERFORMANCE The parties to this Agreement shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining or performing the service by act of fire, flood, act of God, fuel unavailability, strike, loss or shortage of transportation facilities (excluding breakdowns); commandeering of material products, plants, or facilities by the government; when satisfactory evidence thereof is presented to the other party and provided further that such nonperformance is not due to the default or negligence of the party nonperforming. In the event that portions of the services required under this Agreement can not be operated by CONTRACTOR for any reason, the AGENCY, at the sole discretion of the Project Manager or appropriate designated representative, may make an arrangement with other transportation providers for the provision of all or part of the transportation service the AGENCY deems necessary. XIV. INDEPENDENT CONTRACTOR CONTRACTOR's relationship to the AGENCY in the performance of this Agreement is that of an independent contractor. The personnel performing services under this Agreement shall at all times be under CONTRACTOR's exclusive direction and control and shall be employees of CONTRACTOR and not employees of the AGENCY. CONTRACTOR shall pay all wages, salaries, and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, worker's compensation, and similar matters. CONTRACTOR shall insert the substance of this entire clause in any subcontract hereunder as to which a labor dispute may delay the Agreement. However, any subcontractor need give notice and information only to its next higher-tier subcontractor. CONTRACTOR shall supply the AGENCY with one copy of all existing relevant labor contracts. Pro Forma Contract B-19 Lf -JC13 . XV. COMPLETE AGREEMENT This Agreement and the attachments and documents incorporated herein constitute the complete and exclusive statement of the terms of the Agreement between the AGENCY and CONTRACTOR and it supersedes all prior representations, understandings, and communications. The invalidity in whole or in part of any provision of this Agreement shall not affect validity of other provisions. The AGENCY's failure to insist in anyone or more instances upon the performance of any term or terms of this Agreement shall not be construed as a waiver or relinquishment of the AGENCY's right to such performance or to future performance of such a term or terms, and CONTRACTOR's obligation in respect thereto shall continue in full force and effect. Changes hereto shall not be binding upon the AGENCY except when specifically confirmed in writing by the representative of the AGENCY. The issuance of information, advice, approvals, or instructions by the AGENCY's technical personnel or other representatives shall be deemed expressions of personal opinions only, and shall not affect AGENCY's and CONTRACTOR's rights and obligations hereunder. XVI. SEVERABILITY Should any part of this Agreement be held to be invalid by a court of competent jurisdiction, the remainder of the Agreement shall be considered as the whole Agreement and be binding on the contracting parties. XVII. PRECEDENCE Confiicting provisions hereof, if any, shall prevail in the following descending order of precedence: A. The provisions in Articles I through XVII of this Agreement; B. The exhibit, attachments, and enclosure(s) of this Agreement; C. CONTRACTOR's technical proposal. XVIII. NOTICE Any notice or notices required or permitted to be given pursuant may be personally served on the other party by the party giving such notice, or may be served by certified mail, return receipt requested, to the addresses set forth hereunder: AGENCY CONTRACTOR City Of Chula Vista, Public Works Operations Attn: Andres (Andy) Truijllo, Transit Coordinator 1800 Maxwell, Road Chula Vista, CA 91911 CUSA GCBS, LLC dba CoachUSA San Diego Russ McKnight, VP/General Manager 3888 Beech Street San Diego, CA 92105 Pro Forma Contract 8-20 4---/1'1 PAGE INTENTIONALL Y BLANK Pro Forma Contract B-21 If -/qS SIGNATURE PAGE IN WITNESS WHEREOF, the City of Chula Vista and CONTRACTOR have executed this Agreement thereby indication that they have read and understood same, and indicate their full and complete consent to its terms: Dated: CITY OF CHULA VISTA By: David D. Rowlands, Jr., City Manager Attest: Susan Bigelow, City Clerk APPROVED AS TO FORM: By: Ann Moore, City Attorney Dated: CONTRACTOR By: Q"S\ ~'-'(~"J"'-\- VP" G~ Name of Person, Title Dated: 1-\'5-0$ XPRESS Pro Forma Contract 4-18-04.JCOOLlNG.DOC Attachment: Exhibit A, Scope of Work Pro Forma Contract 8-22 Lf-;CJr; EXHIBIT A - SCOPE OF WORK ATTACHMENTS 1 . Service Characteristics 2. Buses and Other Equipment 3. Bus Maintenance 4. Left Blank Intentionally 5. Bus Cleaning and Vehicle Appearance Program 6. Employee Training Programs, Requirements, and Regulations 7. Fare Collection/Proof of Ridership Procedures/ Operational Data 8. Responsible Living Wage and Benefit Proposal 9. Pricing Proposal 1 Lf-F/7 ~_c_"-I' ATTACHMENT #1 SERVICE CHARACTERISTICS Service characteristics in the chart below represent the services that will be covered under this Agreement. This includes 2 proposed routes that will be in operation. The routes will provide transportation from eastern Chula Vista to Downtown San Diego via Commuter Express bus service and to the H Street Trolley Station via Shuttle bus service. There are no modifications to the service currently planned, although service characteristics are subject to change during the base term of the agreement. The proposed services may require up to 6 vehicles (3 per route) for regularly scheduled peak service. AGENCY may request a decrease or increase to the number of vehicles provided during the base term as necessary to accommodate demand andlor service changes. It's the AGENCY's plan to start with a Base service level of two (2) vehicles for CVX and one vehicle for the CVShuttle services during the initial implementation of services. DIRECT EXPRESS BUS SERVICE Trips Scheduled B Street & Scheduled Arrival Departure 5th Avenue (Last stop) 1 6:55 a.m. 7:33 a.m. 7:25 a.m. 1 7:15 a.m. 7:53 a.m. 8:05 a.m. 1 4:35 p.m. 4:50 p.m. 5:31 p.m. 1 5:05 p.m. 5:20 p.m 6:01 p.m. DIRECT SHUTTLE BUS SERVICE Trips Scheduled Scheduled Arrival Departure . (Last stopI 1 6:40 a.m. 7:10a.m. 1 7:35 a.m. 8:05 a.m. 1 4:35 p.m. 5:05 p.m. 1 5:35 p.m. 6:05 p.m. The proposed schedules may change prior and during the term of this contract. 2 4- i92 ; / /--i--' ~ , , \ \""~i<-' , .[',1 \ .__r"'"^ "~\ I I \_. .' <"./~~~ 1\\ \--\'~-'>. .~~'" ~,:.~\ '_? -::=:;;a.~i , \ ,"':--' \ ---~"- ..,., ... \ ~-..,.,~ '\! f C&Aq! J ! ,,~\ ~~ ~-~. J~~:d [' !i! .. ,I p I ' __:__;"'~RaAD.v~Y I ... d- '! II, -_L.11 i ~_ ._G_._ --<-j " _i.!'_"- 'c' \ ._:~______~\,..M' ': S I..,-IT---\- '~/ i': J.'~~_~~~\,- -' / 1 . '1 '/ \, ~~ _~. :.:;:-:\~_ _~y -. \-:-/~V <) -- -.-. '.~ . ...- ,., .' c--~ ~~ ",'" i,' _.J-. \.-:'~ L' /:.........---, \ ~ _\Ha"{ioiaa r-' \"'<. - j 1- j,..,-\"\)' ,'./ \ ". '....... ' \__ Jj;;' . ?'.,......-.l.--- -"t,~v"~-";' _ ' , ....', \ ./ ...._.._ ( /~-) C>- , .,...-7-<-,,\ \ ,'" ~\ j ,._ ~,__~.---..., !:,~.\.~rw-;, L---...,. 'i '~t/ - f;.r ...o".....:d-"".I ", '. ,"~___,~ ':,.--1: \ > _"'1 '~ -/'..., ",_/'" J., ( \l.. ~~c;-'~.j,..... t; . _.,,\'(;..~ ',_/- ~ , :: '\~ \ \,'~. _../\'~..~ f ~~;-- - -: . ---'-.' ;1 ,-' ,~_. I,j "t'-- \ ' \ ......\-- I, I .. _. 7'";'1"",,-- ~ k' ~\iiBta ..\-S, , .,,'...r .-'i '. '. ," -' '-1-' "c:""~-<::? II '...___ '; " ),.... 1< j _~,v , ~~ '~,..~~~. ',< ~-) -' " :~-"-'1~~_:_ ",' I--"'\-r-< j 1 . . _~ I \-) :+-rt'~l;;i ---~'\~!\" l r- 1--------r'_.1 . \'____\;- I L__: I i r-- , ' ",-,,1 2 Miles ~1"-, . u. '..----' . ," "~.." \ ., 'I I, ~f" i I I [ ,- I --'>-. , v- '~"I , !-- ., .., ".~....,,---~~..- \,,,_.,--,\ I . , , MEXICO \ ) ,.,,- . ->-,--/'- ~~I- .r- . _u_-u-_._.-"~/'''I 1 C~y of Chula Vista Commuter Express Shuttle Bus Stops ... Chula Vista TDM Program 3 Lf., /91 ATTACHMENT #2 CONTRACTOR-OWNED BUSES AND EQUIPMENT 1. VEHICLES The CONTRACTOR must provide adequate vehicles to meet the demands of these unique services. The initial requirement may be four (4) vehicles (2 per route) during each weekday peak period. The AGENCY is interested in providing the cleanest, safest, most comfortable vehicles possible for "choice" riders. These are passengers who have access to their own cars but will choose to utilize this service instead on a regular basis. Proposers will need to identify which types of vehicles they have available to commit to these services initially as well as what resources they have to accommodate increasing demand, that is more and/or larger vehicles if ridership grows beyond initial capacity. This section of the technical proposals will be very important in determining which proposals are qualified to operate the specified services. Each vehicle must be wheelchair lift, or ramp equipped and be set up to operate as heavy demand transportation services vehicle. Specific equipment normally associated with a fixed- route transit vehicle (fareboxes, stop request chimes, destination signs, etc.) will not be necessary for this service. The following general guideline shall apply in the vehicle requirements for each service type: Commuter Express Service - Minimum Vehicle Requirements the term of A reement Shuttle Bus Service - Minimum Vehicle Requirements the term of A reement 2. OTHER EQUIPMENT SUPPLIED BY CONTRACTOR CONTRACTOR shall be responsible for supplying all other equipment necessary to support the operation of these services. This includes supervisor vehicles, relief vehicles, maintenance trucks, telephones, and all maintenance facility equipment. The equipment must be available by the start of service for CONTRACTOR's use for the support of the provision of services in this Agreement. Equipment shall remain owned, maintained, and replaced as necessary, by CONTRACTOR during the term of this Agreement. CONTRACTOR is solely responsible for the storage, maintenance, and security of this equipment, and shall pay for any repair or replacement of such equipment in the event of damage, theft, or other loss. All vehicles proposed for services under this Agreement shall be inspected and approved by AGENCY'S representative (s) before commencement of service probation. 4 U "J,}')'" --/-,L. f...,.if_/ ATTACHMENT #3 BUS MAINTENANCE It shall be CONTRACTOR'S responsibility to provide maintenance personnel and institute a vehicle maintenance program to achieve a high level of safety and cleanliness on the fleet of CONTRACTOR-owned vehicles. AGENCY expects a significant effort to maintain vehicles by providing a program that covers the following general elements and others defined in this attachment: . Preventative Maintenance . Mechanical Maintenance . Zero Tolerance Graffiti Removal . Cleaning Program . Engine and Transmission . Quality Control . Interior Bus Maintenance (Seats, Driver Seats, Floors) . Wheelchair LifURamp Maintenance . Tire Servicing . Wheel Cleaning . Maintenance Reporting CONTRACTOR is responsible for providing the necessary staff to perform all elements required as part of the maintenance program included within this Agreement. Subcontracting of additional or specialized cleaning functions may be considered, however, CONTRACTOR'S duty and responsibility to maintain all vehicles and equipment is not delegable to any other person, firm or corporation. 1. PREVENTIVE MAINTENANCE CONTRACTOR shall adopt and maintain a formalized preventative maintenance program for all vehicles in conformance with manufacturers' preventative maintenance schedules, Federal, State and local law, industry standard practices, and detailed maintenance required by AGENCY. 2. MECHANICAL MAINTENANCE PROGRAM CONTRACTOR, at its sole cost and expense, shall provide all lubricants, repairs, cleaning, cleaning agents, parts, supplies, labor, maintenance, major components, and component rebuilding and replacement required for the operation of all equipment pursuant to this Agreement unless otherwise indicated. CONTRACTOR shall be fully responsible for the safe and efficient maintenance of all vehicles and equipment, and all other equipment to be used to perform this Agreement in strict conformity to all CHP regulations and Title 13 requirements. At a minimum, the Maintenance Program must provide that: 2.1. All wheelchair lifts, ramps, and other accessibility-related equipment shall be inspected, serviced and lubricated at intervals necessary to insure that all accessibility features are fully operational whenever the vehicle is used in revenue service. 5 L( -20 ( . 2.2. All components of the vehicle bodies, appurtenances, and frames shall be maintained in a safe, sound and undamaged condition at all times. Damage (including body damage and all bus appurtenances) shall be repaired in a professional manner within three weeks (21 calendar days) of occurrences. In the event that the repairs cannot be made within three weeks due to the severity of damage, and/or backorder of parts not typically in CONTRACTOR's inventory, CONTRACTOR shall work with AGENCY to establish a reasonable schedule for completion. 2.3. The interior passenger compartment shall be free of exhaust fumes from the engine, engine compartment, and exhaust system of the bus at all times. 2.4. Heating, ventilation and air conditioning (HVAC) systems shall be maintained and used to insure that the passenger compartment temperature is comfortably maintained under all climatic conditions at all times during revenue service. CONTRACTOR shall maintain the AlC systems in an operable condition throughout the entire year. 2.5. Driver and passenger seats shall be maintained in proper operating condition at all times. All rips, tears, cuts, gum, graffiti and other damage shall be cleaned or repaired in a professional manner immediately upon their discovery. CONTRACTOR shall replace seat covers that are worn or cannot be professionally repaired, using materials that are identical in design and color as those materials being replaced. 2.6. 2.7. . 2.8 AGENCY may remove a vehicle from revenue service if AGENCY determines that maintenance on any vehicle is not in conformity with this Agreement. CONTRACTOR is responsible for all towing services related to this AGREEMENT. Tire maintenance and replacement are the responsibility of the CONTRACTOR. Incumbent contractor has a subcontract for tire supply. 3. SAFETY 3.1 CONTRACTOR shall fully cooperate with, and allow access as requested to, any CHP officer or agent for the purposes of preparing the CHP 343. CONTRACTOR must attain satisfactory ratings in each category of the Safety Compliance Report. CONTRACTOR must expeditiously correct any deficiencies noted on any CHP vehicle or terminal inspection report. . 3.2 AGENCY requires that CONTRACTOR regularly inspect and maintain all safety equipment used or required in the fulfillment of this Agreement. Inspected and tagged no less frequently than annually. 6 Lj-202- ATTACHMENT #4 Left Intentionally Blank 7 4-203 ATTACHMENT #5 BUS CLEANING AND VEHICLE APPEARANCE PROGRAM CONTRACTOR is responsible for vehicle cleaning and appearance outlined in this section. All costs for supplies and labor for cleaning of vehicles are the responsibility of CONTRACTOR. 1.1. Graffiti Removal Remove any and all graffiti from the bus interior and exterior as soon as possible and at least daily. AGENCY requires a "zero tolerance" graffiti and vandalism policy. All removable graffiti and vandalism (including, but not limited to, damaged and/or vandalized windows, seat inserts, and seat covers) shall be repaired every night prior to deployment the next day or AGENCY may assess liquidated damages. Minor scratches or etching on window liners shall be replaced on a weekly basis unless offensive in nature, which shall require daily replacement. Repairs and/or part replacement for all other graffiti and vandalism damage (i.e., etching of painted body or walls) must be completed as soon as possible. 1.2. Dailv Interior vehicle cleaning and graffiti/vandalism removal will be done on a daily basis 1.3. Three Times Weeklv The full exterior of the vehicle (including windows and wheels) will be washed at least three times per week. 1.4. Biweeklv Each vehicle shall receive a detail or "deep cleaning" at least once every 14 days. 8 L( 2. /'LJ ". ',,-,)7 ATTACHMENT #6 EMPLOYEE TRAINING PROGRAMS, REQUIREMENTS, AND REGULATIONS CONTRACTOR shall prepare schedules for training of all CONTRACTOR'S employees assigned to this project. Training shall emphasize safety, route/service area familiarization, and customer service. 1. BUS DRIVERS CONTRACTOR shall recruit and train a sufficient number of drivers to provide the services described in this Agreement. CONTRACTOR shall maintain a sufficient number of back-up drivers to meet all contingencies without disrupting transit services. A. Minimum Driver Qualifications License - A valid Department of Motor Vehicles license (including a valid DMV Medical Certificate) to operate a transit coach vehicle equipped as those in this Agreement prior to being assigned to revenue service. Medical Examination - Medical examinations must be sufficient to meet the medical requirements for a Driver's Class B Certificate issued by the California Department of Motor Vehicles. DruQ/Alcohol ScreeninQ - CONTRACTOR shall comply with 49 CFR 653 and 654. Any person who may be assigned duties operating a vehicle or performing safety related duties may be required to undergo a drug/alcohol screen test at a facility approved by AGENCY prior to employment with CONTRACTOR. Re- testing shall occur no less often than renewal of the required DMV Medical Certificate. Other drug/alcohol screening shall be at the discretion of CONTRACTOR. CONTRACTOR must submit to AGENCY a drug and alcohol plan that meets the U.S. Department of Transportation Federal Transit Administration guidelines and requirements by September 1, 2004. No prospective or present employee of CONTRACTOR who tests positive on the drug/alcohol screening shall be assigned to operate a vehicle or perform a safety-related duty on any service contained in this Agreement. BackQround Checks - AGENCY requires CONTRACTOR to conduct a criminal history check on all personnel assigned to these services. No employee shall be assigned to these services whose criminal background check reveals any convictions, which endangered public health, safety and/or welfare. AGENCY reserves the right to request that specific employees be replaced for reasonable cause. B. Driver Training CONTRACTOR shall train drivers using classrooms and CONTRACTOR-owned vehicles for simulation. All training shall meet State of California Department of 9 L( /.2 6'5 Highway Patrol standards. Drivers shall conduct themselves with the highest regard for passengers' safety and comfort. C. Drivers' Rules and Regulations 1. Employees will yield even though they may have the right-of-way. 2. Vehicles shall be operated in a safe manner. 3. Smoking is not permitted in any vehicle, revenue or non-revenue, used in the performance of this Agreement. Drivers shall also enforce this policy with passengers. 4. Whiie in uniform, an employee will not purchase, consume, or be under the influence of any narcotic, intoxicant (including alcohol), or harmful drug. 5. All passenger stops will be made in a safe location and in a safe manner; 6. An employee will be responsible for keeping their vehicle assigned clean and sanitary during his/her shift. 7. Employees are responsible for reporting any defects they believe their assigned vehicle may have to their supervisor immediately. 8. Employees may use vehicles only in accordance with their assigned duties. 9. Employees must deploy or actuate any wheelchair/kneeler/ramp systems whenever requested to do so by a passenger at a bus stop. 10. Employees must conduct themselves in a courteous manner at all times. 11. Employees providing service must travel over prescribed routes and must maintain time schedules. If it becomes necessary to go off route or through error, the employee will notify his/her dispatch immediately. 12. Drivers shall not play AM/FM radios, cassette players, televisions, or compact disc players in the revenue vehicles at any time. 13. Drivers shall not use personal mobiie telephones while driving at any time. 14. No open containers of alcohol are allowed on any vehicle, revenue or non- revenue, operated in the performance of this Agreement. 15. All disabled persons requiring the assistance of a service animal shall be allowed full access with their service animal to all services as any other passenger. Drivers shall not require passenger to present proof or identification for any service animal. 16. All disabled persons requiring the use of a portable oxygen tank or other respiratory equipment shall be allowed full access with their oxygen tank and/or other equipment as any other passenger. AGENCY shall be able to request that specific driver(s) be replaced or removed for failure to follow the "Driver's Rules and Regulations" or other reasonable cause. D. Uniforms Clean, identical uniforms must be worn by all drivers at all times when on duty. CONTRACTOR shall enforce a dress and appearance code. At a minimum, dress requirements shall include: Shirts - Clean, identical, shirts for all drivers. Jackets - Clean, identical, dark, solid color jackets for all drivers for use during cold or rainy weather. 10 Lf~Z01. Trousers - Clean, dark, solid color full-length pants/trousers. Shoes - Clean, dark, solid color shoes are required. Socks - Drivers must wear clean, dark, solid, matching socks. Hats - Drivers may wear a hat if they choose, but hats must be identical, solid color, quality cloth cap with brim on one side. Brim must be worn over forehead at all times (hat may not be worn backwards or sideways). Nylon or mesh/partial mesh caps are not permitted. 2. DISPATCHERS/RADIO OPERATORS CONTRACTOR'S dispatchers and radio operators shall be trained in all operational aspects of these services. 11 4-207 ATTACHMENT #7 FARE COLLECTION / PROOF OF RIDERSHIP PROCEDURES/ OPERATIONAL DATA 1. No fares will be collected during the base term of this agreement. AGENCY will require, however, a proof of ridership system (i.e. providing receipts) for passengers so they can be reimbursed for their rides each day. AGENCY will be paying passengers $2.00 per day to utilize these services so it is critical that this receipt system is implemented accurately. AGENCY with CONTRACTOR input shall propose methods for administering this process including checks to ensure the receipts are not being misused and payment is not going to those who are not riding. AGENCY may change the method or procedures of proof of ridership during the term of this Agreement. 1.2 EQUIPMENT/MATERIAL SUPPLIED BY AGENCY AGENCY shall supply all proof of ridership equipment and/or materials and include this along with a proposed process for implementing the system. 1.3 DATA FORMS AGENCY shall provide templates, forms, schedules, Driver Trip Records to CONTRACTOR for all reports, handouts and collateral material for the duration of the contract. 1.4 OPERATIONA DATA REQUIRED Required data and reports to be provided by CONTRACTOR to AGENCY include, but are not limited to: . Monthly Passenger Report . Monthly Report of Revenue Hours . Monthly Report of Revenue Miles . Weekly Passenger Reports . Weekly One-Way Trip Reports . Wheelchair Equipment Use/Pass-up Data . Missed Trip Report 12 '-1-202 ATTACHMENT #8 WAGE AND BENEFIT PROPOSAL To be added to contract at time of award. 13 4 ~ 20Cf l Form 6.2 Driver Retention Plan/Minimum Wage Levels Category ~::;nsible Living I FY'05 II FY'06 I FY'05 FY'06 SEP 7, 2004 to JUL 1, 2005 to JUN 30, 2005 JUN 30, 2006 $ 9.00 $ 9.25 $ 9.00 $ 9.25 $ 9.25 $ 9.50 $ 10.04 $ 10.44 $ 9.50 $ 9.75 $ 10.04 $10.44 $ 1.43 $ 1.47 $ 1.56 $ 1.62 All DollarslBr Training Wage Probation Wage Post-Probation Wage Health Benefits 74 4-2/D ATTACHMENT #9 PRICING PROPOSAL To be added to contract at time of award. 14 L( .2/ I Direct Express and Direct Shuttle Bus Services PRICE BID FORM Part of Base Term SECTION 1: Price Based on One-Way Trip Rate(s) A. Direct Express Service 1 A. 1 9/7/05-6/30106 1B.1 7/1/06-6/30/07 One-Way Est. Annual Trip One-Way Rate (a) Trips Annual Cost n:u..'iI x 426 = $ 73 "I~I (,,'1 ) 'z{lJ. (,;S x 510 = $ '\ ~ \:l' '>.D , Basis for Award TOTAL: SECTION 1 = $110(" I c , 'g , Part ofJ3aseIerm.... ..... - SECTION 2: Price Based on One-Way Trip Rate(s) ... __ _~_ - - - n_ "_ B. Direct Shuttle Service 2A.1 9/7/05-<3/30/06 2B.1 7/1/06-<3/30/07 One-Way Est. Annual Trip One-Way Rate (a) Trips Annual Cost 104 x 426 = $ 44 ~oY.C() 10 "i. \(.p x 510 =$<:;<,',f-/(,O Basis for Award TOTAL: SECTION 2 = $0. "I '1 c. '" (..Q TOTAL PRICE: SECTIONS 1 +2 = I'a(,,~ I:;J'i .s~ I , SECTION 3. Option: Price per One-Way Trip for Additional Service 3.A. 1 Direct Express 3.B.1 Drirect Shuttle One-Way Trip Rate (a) $ ,l~.(,,~ $ \0'"\ .00 (a) One-Way Trip rates between base years may not vary by more than 3.0%. Greater variation will be interpreted as submittal oC a materially unbalanced bid. If One-Way rates vary. the lowest rate must be for the first year and the highest rate for the last year. Any bid that does not adhere to these requirements may be rejected as non-responsive. XPRESS RFTP PriCIng Forrns.xls.JCODU Lf-2/2 SECTION D PRICING FORMS 15 Lj-2J3 COUNCIL AGENDA STATEMENT Item: Meeting Date: 5 09/20/05 ITEM TITLE: Resolution - Accepting and appropriating a donation in the amount of $1 ,500 from the Downtown Business Association. SUBMITTED BY: Director of General Services b~' REVIEWED BY: City Manager '1101lK (4/5ths Vote: YeslLNo _) The Animal Care Facility (ACF) has received a donation in the amount of $1,500 from the Downtown Business Association. Staff is recommending the donation be used to add new holding medical kennels in the sally port area of ACF. RECOMMENDATION: That Council adopt the resolution accepting the donation in the amount of $1 ,500 and amending the FY06 services and supplies budget of the General Services Department. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION On August 23, 2005, the Downtown Business Association sponsored Pet Fest 2005. Proceeds from the event were donated to the Chula Vista Animal Care Facility. Staff is recommending the donation in the amount of $1,500 be used to purchase additional medical holding kennels for spayed and neutered animals at the ACF. Recently the ACF has experienced an increase in adoptions resulting in the need for the additional medical holding kennels. FISCAL IMPACT: The total amount received is $1,500. There are no matching funds required or General Fund impact. M:\General Services\GS Administration\CounciJ Agenda\ACF\PetFest DBA donation.doc 5-1 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING A DONATION IN THE AMOUNT OF $1,500 FROM THE DOWNTOWN BUSINESS ASSOCIATION . WHEREAS, on August 23, 2005, the Downtown Business Association sponsored Pet Fest 2005. Proceeds from the event were donated to the Chula Vista Animal Care Facility; and WHEREAS, the Animal Care Facility (ACF) has received a donation in the amount of $1,500 from the Downtown Business Association; and WHEREAS, recently the ACF has experienced an increase in adoptions resulting in the need for the additional medical holding kennels; and WHEREAS, staff is, therefore, recommending the donation be used to purchase additional medical holding kennels for the sally port area of the ACF. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept and appropriate a donation in the amount of $1,500 from the Downtown Business Association. Presented by Approved as to fo= by Jack Griffin Director of General Services ~\~~~'^\\%~\ Ann Moore "- City Attorney J:\attomey\reso\finance\Donation from the DBA 5-2 COUNCIL AGENDA STATEMENT ./ ITEM NO: q MEETING DATE: 9/20/05 ITEM TITLE: Resolution of the City Council of the City of Chula Vista authorizing the application and acceptance of a Community-Based Transportation Planning grant from the State of California for the Eastern University District Transit Plan Project; and authorizing the commitment of in-kind matching funds therefor. SUBMfITED BY, D"""", O'P;7 & Bcildin~ REVIEWED BY: City Manager if I -r- 71( 4/5THS VOTE: YES No l The Eastern University District Plan for the master planned Otay Ranch community is based heavily on a rapid transit network which will link Otay Ranch's town centers, a university campus, a regional technology park and other urban centers in the region. We will conduct a series of studies that will fonn a framework for the transit network within those centers. The Community- Based Transportation Planning grant is State funded and will provide $201,560, and requires a local match of$50,390 that the City will provide in staff time. RECOMMENDATION: That City Council adopt the resolution: . Authorizing City staff to apply for and accept $201,560 in California Department of Transportation grant funds. . Authorizing the commitment of $50,390 by the City as in-kind local matching funds. . Naming the Mayor as the office authorized and empowered to execute a contract with the California Department of Transportation. BOARD/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: Background Summary The Eastern University District is transit-oriented. Ultimately, this area will include a state-of-the- art Bus Rapid Transit (BRT) network linking Otay Ranch's town centers, a university campus, a regional technology park, and an urban center with each other and with activity centers in downtown San Diego, Southern San Diego County and the region. 6-1 Page 2, Item No.: t. Meeting Date: 9/20/05 Specifically, we are proposing to conduct a series of studies that will form a framework for the transit network within those centers. The plan will incorporate fmdings from a route analysis, a station analysis, a facilities analysis, and a traffic analysis. A phasing and implementation plan will identify task order and dependency as well as capital and operational requirements. The planning process for this project will include active input from the community since, ultimately, the project will mean greater accessibility to transit and more transportation choices for residents. Moreover, the project will be aligned with the San Diego Association of Government (SANDAG)'s Transit First! regional strategy for Southern San Diego County, and will also support Caltrans transportation planning priorities for the state and region. Justification Regional access to the Eastern University District will be provided primarily by two north-south routes - Interstate 805 and Interstate 5 - located four and six miles to the west, respectively. An additional north-south route, State Toll Route 125, will border the District to the east when completed in 2006. Trolley service to downtown San Diego does exist, but it is six miles west of Otay Ranch with limited access to that service provided by the City's public bus system. In recent years, the City has planned and built other new communities within Otay Ranch utilizing a village concept developed under "smart growth" principles. In these communities, residents have somewhat easier access to services such as schools and shopping. But most are still compelled to use automobiles for everyday trips including the daily trip to work, which is usually outside the village. We are also working closely with SANDAG, aligning all future development with the principles of "smart growth" such as higher density urban infill around a pedestrian-friendly network of transit centers. Transit-oriented development requires high-density residential to increase ridership and improve transit viability throughout the region. The Eastern University District will consist of four interconnected sections, all of which will be designed around transit as an important mode of transportation. . Village Eight will consist of a Town Center containing mixed use office, retail and multi-family residential and a town square, within V. mile of a transit station; public and community purpose facilities; a pedestrian-oriented arterial street system; schools; affordable housing; and twenty- five acres of neighborhood parks. The village will also contain a 100 to 200-acre regional technology park. . The University Campus will consist of approximately 530 acres of teaching facilities, research facilities, and other enterprises that support or relate to the function of a university, plazas, pathways, circulation corridors, recreational areas, open spaces, and housing. 30% of all planned student housing and 20% of all faculty housing will be located in this area, with the remainder located in the adjacent Village Nine. The campus core will be linked to the planned bus rapid transit (BRT) system by a transit center located in Village Nine. 6-2 Page 3, Item No.: 4> Meeting Date: 9/20/05 . Village Nine will be comprised of a Town Center and surrounding residential village that will support the University. As with Village Eight, this Town Center is also planned for transit- oriented development with higher density and mixed uses within Y. mile of a transit station which will also serve the university campus. Densities within the mixed-use area will be higher than other villages in Otay Ranch to provide affordable and market rate housing for students, faculty and staff. The village will also contain an academic core, cultural facilities, research institutes and retail support, an elementary school, a town square, and twenty-one acres of parks. . The Eastern Urban Center (EUC) will serve as the region's commercial, financial, professional, entertainment, and cultural center. Located at the heart of the eastern territories in Southern San Diego County, the urban center will be closely related to the surrounding town centers and to the university campus by means of an internal circulation system that will provide for pedestrians, city bus, and BRT connections throughout the center and the region. The EUC will also contain high-density mixed use residential, a transit station, affordable housing, school, library, and fire facilities. To serve the new project area, the city plans to incorporate BRT vehicles into Chula Vista's circulation system. A previously planned light rail transit system was envisioned for the area, but is cost-prohibitive at roughly ten times the cost per mile of a BRT system. The BRT system uses high quality, rubber-tired vehicles, offering the speed, comfort and amenities of a trolley with the flexibility of non-fixed modes of transportation. BRT vehicles will travel in their own lanes and/or receive priority at signalized intersections. Upgraded transit stations will have shelters, passenger information, and other essential features. The transportation planning process will emphasize transit-oriented, pedestrian-friendly solutions to the problems associated with suburban development. By utilizing the transit-oriented Town Center concept as the fundamental pattern for organizing land use in the Eastern University District, the City plans to reduce automotive dependency, consolidate open space, promote social interaction, and create a strong sense of community and identity. Process Upon Council's acceptance of the grant award, staff will notify the California Department of Transportation (Caltrans). Caltrans will then prepare a contract with the City for execution. City staff will return to Council to appropriate the grant funds and seek approval of the State contract, thereby committing the City to this project. Upon execution of the State contract by the Mayor and the State, staff will solicit requests for proposal to outside consultants to conduct the planning studies on behalf of the City. Staff will return to Council thereafter for approval to award the consultant contracts and commence work. 6-3 Page 4, Item No.: ~ Meeting Date: 9/20/05 FISCAL IMPACT: There will be no net impact to the General Fund as a result of this action. If approved, staff will return to Council to seek appropriation of the $201,560 grant award. The $50,390 in-kind local match required by this grant can be absorbed within the Planning and Building Department's existing FY06 budget. Attachments 1. Transportation Planning Grant Application 2. Award Letter dated May 31, 2005 H:lPlanninglBobMc\Transportation Planning Grant 9-l2-05.doc 6-4 09/01/2005 10:01 4274245 CHULA VISTA PUBLIC L PAGE 02 Attachment 1 IT'r:aB;~portationP1anlliilJ;r; Qrant 4PP1i~4lQiI:l>Qw~~,e.-~ Fivc complete hard copies' of the application package for the FY 20041~05:md FY 200512006 Transportation Planning Grant Program must be received on or before October IS, 2004 at the Caltra:ls District PJanning Office. Applicants arc also required to :!'Dbmit the electronic file of the application packag~ in Microsoft \;;ord~ Submit additional sub-recipients (Jfl"t"Jot'c tha:r1 one) on a separate grant appUcation cover sheet. Generallflf,~mnaticm , ...... Grant Program: COMMUNITY-BASED TRANSPCIRTATION PLANNING project Title: EASTERN UNIVERSITY DlSiRICT TRANSIT PLAN Location (county/city): CITY OF CHULA VISTA (SAN DIEGO COUNTY) Applican': S.ab"r.eciipient(~} Organization CITY OF CHULA VISTA Contact Person JIM SANDOVAL Contact Title DIRECTOR, PLANNING & B UILDING Mailing Address 276 FOURTH'AVE City CHULA VISTA Zip Code 91910 E-mai1 Address 'sandoval(ci)ci.chlJla-~ ista.ca.us , (619) 691-5002 ( ) Telephone Fax (619) 409-5861 ( ) Funding Inf0rmation Grant Funds Requested $ 201,560 Local Matchlln-Kind $ 50,390 Identify Match Source Developer Proce!;s'g Fees Other Funding Source $0 Total Project Cost $ 251,950 Please Select the Grant Cycle(s) for which you are applying: GRA!~:r CYCLE. CH'EG~("I) 2004J2,G05 ~nly 2Q051g.G1l6 QnJy BQ;PH X .... o ation conta ined in this proposal is true and correct "ed o.tJklnl (Applicn"'i -rector ofPlannin & Buildin TitLE Jim SaIJdoval PrtnlNo.m~ 10/15/04 Dale Sigl'1fUlJ.rr: of A U!hOI'~ Official (Sub-reaipWtI) Prinf Name ,<lI. DC1te 6-5 09/01/2005 10:01 4274245 CHULA VISTA PUBLIC L PAGE 03 The E(J$tern University District Transit Plan will provide a conceptual transit-oriented plan and designs for a critical 2,OOO-acre section of the lraster pJanned atay Ranch community, which is located in the City of Chula Vista in Southern :;au. Diego County. Ultimate.ly, the project will provide a state-of-the-art Bus Rapid Transit (BK;') network linking atay Ranch's town centers, a university campus, a regional technology park, and an urban center with each other and with activity centers in downtown San Diego, Southerr. San Diego County aIJd the region. Specifically, we are proposing to conduct a series of studies that will foan a ftamework for the,. transit l1etwork within those centers. The plan will incorporate findings from a route analysis, a station analysis, a facilities analysis, and a traffi ~ analysis. A phasing and implementation plan will identify task order and dependency as well as capital and operational requirements. The planning process for this project will incorporate the guidance, ideas and other active input of the community since, ultimately, the project will mean greatcr accessibility to transit and more transportation choices for residents. Moreover, the project will be aligned with the San Diego Association of Government (SANDAG)'s Transit First! regional strategy for Southern San Diego County, and will also support Caltrans transportatlon plaMing priorities for the state and region. . atay Ranch is a newly-developing 36 square mile master planned community located in the eastern territories of the City of Chula Vista, 12V. miles south of downtown San Diego and 2 miles north of the international border with Mexico. It .is currently 25% developed with buildout anticipated by the year 2020. The project area. Within atay Ranch is a 2,OOO"acre subarea - the Eastern University District- which is the subject of this proposal. The project area is organized into two proposed town centers with high-density mixed residential, schools, retail and commercial; a number of parks; three residential villages; a plimned university CaITl)US; a regional technology parI< for research, development and manufacturing; and an urban center which will be a financial, professional, residential, shopping, entertainment and cultural :lub. The Eastern University District is cUJTently in the General Plan and Specific Plan phase with I:Ol1struction expected to begin in 2006. Population, income, languages. The Eastern University District's population at buildout is estimated at 25,730, with a diverse ethnic and cuJtural population similar to that of its surrounding communities - 38% Hispanic, 34% White., 20~1o Asian, 4% Aftican American and 4% other, asswning cmrent trends continue. Residents in 1he District will likely be younger with a median age of 34 years, and more affluent with a 39<r, higher annual median household income than households in the greater San Diego County region.. Community-Based TrCl/!Sportation Planning Grtl1ft City ofChula Vista. Planni11g Deparrmem I of 15 6-6 09/01/2005 10:01 4274245 CHULA VISTA PUBLIC L PAGE 04 Transportation issues. Transportation data from neighboring commW1ities indicates that historical low-density suburban development g>,n~rates a high percentage (94%) of workers who drive to work, and drive aJone. 40% would speni from I to 2 homs each day commuting to alId from work, and 5% would spend more than that. Residents of the Ea..<rtem University District project will be greatly advantaged by the well-networked-transit system that is central to the town center concept proposed for this project. Between 11.OW and buildout (in 2020), the Eastem University District expects to add over 25,000 new population from residentiaJ deveJopment 'Nhich means approximately 17,000 additionaJ drivers generated from the project area alone. This does not include the additional sttldent and faculty who will be commuting daiJy into the Di~:trict fTOm SurrOW1dlng communities. Without a carefully planned regional intervention to handle the additionaJ burden, residents will be facing unprecedented and unreasonable barriers to living well and getting to their places of work eacb day, to say nothing of the additional burden to regional transportation facUities. If current development trends were 3110wed to continue, the region-wide system would incur a significant 4% increase by the year 2020 in vehicular b'affic generated from this project area alone. Moreover, without appropriate plaruling, traffic will exceed the city's own Growth Mallagem=t Oversight Commission's road capacity thresholds, posing a threat to futUl'e development. Currently, regional access to the District is providcd primarily by two north-south routes - Interstate 805 aDd Interstate 5 -located four and !ix miles to the ~st, respectively. An additionaJ north-south route, State Toll Route 125, i$ under construction and will border the District to the east when completed in 2006. Trolley service tJ downtown San Diego does exist, but it is six l1Jj]es west of Otay Ranch with limited access to that service provided by the citY's public bus system. I11 recent years, the city bas plal1ned a.Dd built oth~r new communities witbin Otay Ranch utiU:ciDg a viJlage concept. In these communities, some')I1t not 311 residents now have somewhat easier access to services such as schools and shopping. But most are still compelled to use automobiles for everyday trips including the daily trip to worle, wbich is usually outside the village. Because our city is still growing rapidly, We are seeking t<J improve livability in our newest developments by improving our approach to urban design. Toward that end, we are working closely with our Metropolitan Planning Organi7..ario1J. (MFO), the San Diego Association of Governments (SANDAG), aligning all future development with the principles of smart growth which encourage and J,romote the town center concept - higher density urball infill around a pedestrian-friendly J1etwork Jf transit centers. This smart growth agenda has beel) incorporated into SANDAG's Regional Comprehensive P.lan for soutl1ern San Diego County - the South Bay Transit First Program - and the City of Chula Vista is eager to participate. Willi the development of the Eastern University District, we will be moving away trom single- family residential suburban to the transit-or: ented town center concept. Transit-oriented development requires high-density residential to increase ridership and improve transit viability Commun.ity-Ba..fed Tra.n~portation Planning Gran.t City of Ch,,/a V"la. P/a""ing Department 2 of 15 6-7 09/01/2005 10:01 4274246 CHULA VISTA PUBLIC L PAGE 05 throughout the region. The Eastern University Dintrict will consist of four interconnected sections, each with greater intensities of residential units thEn has been the case in the past. . Village Eight will consist of a Town Cente.Icontaining mixed use office, retail and multi- family residential and a town square, within y. mile of a transit station; public and co=unity purpose facilities; a pedestrian-oriented arterial streets system; schools; affordable housing; and twenty-five acres of neighborhood parks. The village will also contain a 200-acre: regional technology park. . The University Campus will consist of 530 ac:res of teaching facilities, research facilities, and other enterprises that support or relate to tlle function of a university, plazas, pathways, circulation corridors, recreational areas, open ,paces, and housing. 30% of all planned student housing and 20% of all faculty housing will b: located in this area, with the remainder located in the adjacent Village Nine. The campus co:e wjJI be linked to the planned bus rapid transit (BR T) system by a transit center located in Vi] lage Nine. · Village Nine wi.lJ be comprised of a Town Center and surrounding residential village that will support the University. As with Village Eight, this Town Center is also planned for 1ransit oriented development with higher density ani mixed uses within Y. mile of a transit station which will also serve the university campus. Densities within the mixed-use area wiJl be higher than other villages in Otay Ranch to provide affordable aI;1d market rate housing for , students, faculty and staff. The village will !Iso contain an academic core, cultural facilities, research institutes and retail support, an elementary school, a town square, and twenty-one acres of parks. · The Eastern Urban Center (EUC) will serve w; th~ region's commercial, financial, professional, entertainment, and cultural ceuter. Located at the heart of the eastern territories in Southern San Diego County, the urban center will be cl,)sely related to the surrounding town centers and to the university campus by means of an internal circulation system that will provide for pedestrians, city bus, and bus rapid transit (BR T) connections throughout the center and the region. The Eue will also contain high-c.ensity mixed use residential, a transit station, affordable housing, school, library, fire, and civic facilities. To serve the new project area, the city plans to in ~o'1Jorate Bus-Rapid Transit (BR T) vehicles into Chula Vista's circulation system including the Eastern University District: A previously planned light rail transit system was envisioned for the ar~a, but is cost-prohibitive at roughly ten times the cost per mile of a BRT system. The BRT system uses high quality, rubber-tired vehicles, offering the speed, comfort and amenities of a troUe:r with the flexibility of non-fIXed modes of transportation. BRT vehicles will travel in theil own lanes and/or receive priority at signalized intersections. Upgraded transit stations will have shelters, passenger information, and other essential features. The Eastern University District Transit Plat,. The proposed transit system has now been conceptualized in some detail as part of the city's partnership with SANDAG and the South Bay Transit First! Program and, in addition, has been inco'1Jorated into the city's 2004 Genera] Plan Update. Next steps indicate a thorough planning process that will answer logistical. and other questions related to station location, adjacent lan-i use alternatives, scale and access to pedestrian facilities, vehicle parking issurJ:s such as the inclusion of park '11 .ride faciliti.es and parking lots. The Eastern University District Transit Plan will further address transit mode issues, e.g., whether Community-Based Transportation Plo171'ling Grant City ofChuia Vista, Planning Department 3 of 15 6-8 09/01/2005 10:01 4274246 CHULA VISTA PUBLIC L PAGE 06 a fixed guideway or shared right of way should te used, dedicated lanes or mixed flow, the most advantageous transit station location within a cou)let system, and incorporating rights of way into a grid system of planned streets. These and other pertinent issues will be addressed during the planning process which is outlined in the Scope of Work section of this proposal. Anticipated benefit:!. The transportation plwming process will emphasize transit-oriented, pedestrian-friCDdly solutions to the problems asscciated with suburban development. By utilizing the transit-oriented Town Center concept as the fundamental pattern for organi7.:ing land use in the Eastern University District, we plan to reduce automotive dependency, consolidate open space, promote social interaction, and create a strong sense of COII1JJ1unity and identity. T kO R A I as ne- oute nalVSIS Methods: This plan should study altel"tlative proposed alignments and identify "tier om:" alig!]JJ;lents Responsible party: Planning Department Team & Consultant Fund sources: Developer Processing Fees, California State Transportation Planning Grant Budget: $13,750 Deliverab les: Technical report - Alignmelt Plan Task Two - Station Analysis Once routes have beel) iderrified, a station analysis will identify the most advantageous transit station locations along those alignments. Station sites should be identified based an potential ridership, system connectivity, community access, and impact to operations. In addition, the consultant Methods: should evaluate the feasibility for near-tcmJ use. If stations are identified that are not feasible in the mar term, the consultant should evaluate alternative station sites if warranted based on potential ridership and system connectivity. 111).S analysis should further include an evaluation of where stations could be added or deleted to speed the service and/or provide better access to transit centers via surface streets. Responsible party: Plalllling Department Team & Consultant Fund sources: Developer Processing Fees, California State Transportation Planning Grant Budget: $28,710 Technical report - Station locations Plan (including concept drawings of DeUverables: station layout, an evaluatior. of station locations for near-temJ. implementation, and an eva..uation of potential additions/deletiollS to speed seIVice and increase access). Community-Based Transportation Planning Gram City of Chula Vista, Planning Department 40f15 6-9 09/01/2005 10:01 4274246 CHULA VISTA PUBLIC L PAGE 07 T kTh A rt F Tt' A I as ree- ~J: 'DD. eJ:lant. aCI lies n:uYSls TIns study should evaluate the feasibility of appurtenant station support Methods: facilities, such as those that support both vehicular and pedestrian access, nearby land uses such as oarkini!: lots, and oark 'n ride caoabiHty. Responsible party: Plamllng Department Team & Consultant Fund sources: Developer Processing Fees, California State Transportation Planning Grant Budget: .$26,950 DeJiverables: Technical report - Appurte1:lant Facilities Task Fou r - Priority TreatmentslTraftil: Analvsis The consultant wiU be tasked with evaluating where priority treatments would be needed along the 'Iarious identified transit routes. These may Methods: include the use of dedicated lanes, the need for signal priority, queue jumpers, etc. TIns task should also involve an analysis of how the priority treatments will function and their traffic impacts. The consultant should also identify the need for a 1raffic imoact analvsis. Responsible party: Planning Department Team & Consultant Fund sources: Developer Processing Fees, California State Transportation Planning Grant Budget: $93,500 Deliverables: Technical report - Priority ~~reatments (including the need for a traffic imDact a.nalvsis). T F' I Sk h ask, Ive - Conceptua Engineering lite es Tbe consultant will be responsible for developing sketch level drawings jndicating the right.ofway required fOT the stations, the layout, right-of. Methods: way required for priority treatments (dedicated lanes, queue jumpers), access into and out of the st!ti.on (pedestrian and vehicular), land use integration, and park 'n. ride capability. Thjs task should also involve conccPtual desilros for the identified stations. Responsible party: Planning Department Team & Consultant Fund sources: Developer Processing Fees, California State Transportation Planning Grant Budget: $56,650 Deliverables: Technical report - Conceptual maps (public"display ready) displaying prooosed alignment, priOrit:1 treatments, statiO!1locatiO!1S, aJJ.d land uses. Communily--Ba.<ed Trcm,'portation Planning Grant City o/Chula Vista, Planning Department . 5 of 15 6-10 09/01/2005 10:01 4274245 CHULA VISTA PUBLIC L PAGE 08 T k C . IC tE' t as Six- aPtta os stIma es The consultaut wilJ be tasked with developing an order of magnitude Methods: capital cost estimate for priority treatments, stations, and v<::hicle acanisition. Responsible party: Planning Department Team & Consultant Fund sources: Developer Processing Fees, California State Transportation Pla1llling Grant Budget: $21,450 Technical report - Capital Cost Summary, documen.ting results of the Deliverables: analysis. This document will contain all the background/support' information indicating how ':he final results were developed. T dI PI ask Seven - Phasmg an .rnnlernentati,)n an The consultant will develop a phasing plan for implementation of the transit-oriented project within [th<:: project area]. TIle phasing plan should identify which actions are dl:pendent upon other actions and which can be . implemented independently The phasing plan should clearly indicate how Methods: the system can be phase intel its entirety over five years. Each phase should indicate what is required in ':erms of capital acquisition, construction, operations/service plans, and how the proj ect would be built up to achieve full.implementation. Responsible party: Planning Departm<::nt Team & Consultant Fund sources: Developer Processing Pees, California State Transportation Planning Grant Budget: $9,350 Deliverables: Technical report - Phasing &: Implementation Plan, documenting results of the analysis. T kE' h P bI" I 1 t/M as igl t- u IC nvo vernen eetm !!s The consultant shall be available to attend. project status meetings, project briefings, and City COUIJcil tneetings, and shall be responsible for assisting Metllods: with the preparation of mate, rials for those meetings. As pa.rt of this project, a project review commit1ee )fthe public and city staffwilJ be formed to review and provide input imo this project on a montllly basis. TIle consultant will be reSDons5ble for providiug materials as requested, Responsible party: Plaruring Department Team & Consultant Fund sources: Developer Processing Fees, California State Transportation PIi31lning Grant Budget: $1,590 Deliverables: Meeting materials and assis':ance, as requested by the Planning Department Team. Community-Eased Transportatio,., PlaJ1J'ling Gral1! Cily ofChlllo Visltz, P!011,.,i"'g Department 6 oft 5 6-11 09/01/2005 10:01 :1::,' ;:~:: ~;",,=, ''="' ~' ''0 'cCl' ,.';t"::t.; .,e:'; p '0, ~:: ~, 'r:T)' . :'1;; -01 "0 $.,;l': " 'ij '" .... "2, i2. ~~ .~ ~ ~ ~ '" 0> ~ .. ~~ ..::! '" tlh ~~ '- "'" 1> '" ~ ~ "2,0: '" '" ~":S .S ~ '" 0> t: :: e~ - ~ ~ 1;v ] ~ ~ 4274245 CHULA VISTA PUBLIC L PAGE 09 w'\ !ii~""'~~( - '11'::#I!'" e! ,II i!.Q,~::~,: -' :'~.I:Hi' l:: "l'"" i!\~r~;:\ I! 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" " .. >< .. >< " r2 OJ. ~ ... '" ~ o '" '<to .... oJ .... '" ..: ... ... ~. '" I?J. ~ ... "" EO' m m {E.:;t;;: i~ c: j::: ij .l!l " "" '" ,. Oil. ~ ~ .E ". '- w .~ ~ ~~~~ >< " ~ ~ '" ~ '~ ~ ~ ~ .1 ~ ).... ;..:: ~ ~ 6 -'i ,::"- '"t1 ~. ~ ," ~~ ~~ C> ;: .~ l3 E~ Ls- uu V> 4-< o ...... " 09/01/2005 10:01 4274245 CHULA VISTA PUBLIC L PAGE 10 ..,:', -,.-.' ',:'. .,.. " ~:'.:::' ~ ;- ....:.~..,.. .....:.'"....::.:..:..:.....~.:.:...v,.". .... ." ..-...''''.8''..'....... "''''''b'''' ".".' . :,t~J~A.,:i.. ;uIti~narY;;,*:e.. ::j;:.t\. .,., , . ;;';1: ..,.-. .':.. . ;,:'.. Work Element: Eastern University District Transit Plan Obiective Develop a conceptual transit plan fa)' a project in the Eastern University District that will ultimately provide a state-of-the-art Bus Rapid Transit (BRT) network linking town centers, a university campus, a regional techDoJogy park, and an urban ,)enter with each other and with activity centers in downtown San Diego, Southern San Diego County and the region. Discussion . Outcomes from a series of analyses will form a framework for the transit network. The traDsit plan will incorporate fu1clings from a route analysis, a s':ation analysis, a facilities analysis, and a traffic analysis. A phasing and implementation plan wiJl identify task order and dependency as well as capital and operational requirements. 111e planninf: process will incorporate the active input oftbe community. It will also be aligned with the San Diego Association of Government (SANDAG)'s Transit First! regional strategy for Soutbern San Diego County, and will also support Caltrans transportation plamdng priorities for the state and region. Previous Work Completed A citywide General Plan update is nearing compIe-:ion; nUlT)erous studies, workshops, analyses and other activities cel1tered on the critical elements of transit and the development of the Otay Ranch and the Eastern University District. SANDAG's Transit First! Program is in the emly action phases of implementation, paralloling the city's transit planDing process for the Eastern University District. Both processes have included significant comn111IJ.:ty involvement, citizen workshops, and more than 70 community meetings. TaskS "/0 of Work Cost $ 1. Route Analysis 5% $ 13,750 2. Station Analysis . 11% $ 28,710 3. Appurtenant Facilities Analysis 11% $ 26,950 4. Pliority Treatments I Traffic Analysis 37% $ 93,500 5. Concept1.lal Engineering Sketches 22% $ 56,650 6. Capital Cost Estimates 9% $ 21,450 7. Phasing & Implementation Plan 4% $ 9.350 8. Public Involvement I Meetings 1% $ 1,590 Products L Aligrunent Plan < Conceptual Maps . ' 2. Station Locations Plan ( Capita] Cost Summary '. 3. Appurtenant Facilities Report i". Phasing & Implementation PJa]) 4. Priority Troatments Report ~ . Meeting Materials, Community Presentations Revenues Expenditures Transportation Planning Grant $ 201,560 (80%) Staff services $ 25,195 (10%) Developer processing fees $ 50,390 (20%) Consultant costs $ 226,755 (90%) Total $ 251 950 (lO{,%) $ 251,950 000%) Cornmunily-Bcued Tra11sportalioM PlaJ1nZflg Gram City ofChula Vista. PZanniMgDepartment 6-13 8 of 15 09/01/2005 10:01 4274245 CHULA VISTA PUBLIC L PAGE 11 The Easterrz University District Transit Plan will be aligned with a number of statewide plarming goals. The plan will: Promote inf'1l1 development and social equity. The Eastern University District plan will utilize the principles of smart growth which encourage and promote the toW11 Center concept - higher (lensity urban. in:fill around a pedestrian-friendly network of transit centers.in order to increase ridership. The Otay Ranch General Development Plan (GDP) requires 10% affordable housing for low and moderate income families in the Eastern Urban Center and in the TOW11 Centers. Development of the Eastern University District will promote social equity by moving away from single-family only residential suburban and t'Jward higher-density mixed residential, with affordable housing adjacent to market-rate hOIMing, toW11 centers adjacent to villages, and an accessible and efficient mass transit system availablc for all residents. Protect the environment. 1. .prevention of automobile omissions. Deve~.opme)1t of the Eastern University District will protect the environment by greatly reducing the c.umber of daily automobile trips that would be expected with "traditional" suburban residential sprawl or even residential villages. The city intends to do this by providing a well:integrated, efficieflt Bus Rapid Transit (BRT) system throughout the District for our resideflts. PlarlJ for the Eastern Urban Center have regional commercial and office components and over 2,30') multi-family units in a mixed-use enviro!U1lent, which will further reduce auto trips. Tho local rapld transit system's links to the regionwide system will mean that commuting students and faculty flom outside the District will also be able to BRT into the university campus, thus mitigating expect:d automobile usage even further. 2. Protectinll ODen space. In the Qtay Ranch ma,ter planned community, critical sensitive babitat has been identified and set aside in the GDP as PI eserve open space. A1> development occurs in the Eastern University District, developers will be required by the GDP to convey to the City J.2 acres of preserve larid for every acre of land they devdop. In. addition, the Otay Ranch GDP Resource Management Plan is the cornerstone of the City's award-winning Multiple Species Conservation Program. Under the program, habitat land for o'ler 85 endangered species is being set-aside into the Otay Ranch Preserve. AU new developmen:: in the ranch is required to join a Community Facilities District, which has been established to fund the perpetual maintenance of the Preserve. CbuJa Vista is the only agency in San Diego COWlty to achieve this level ofmaintenaoce funding. Promote jobs nnd affordable housing balance. One of the cornerstones of the Eastern University District pJaJ:J is to create an attractive business climate. An array of job opportunities in the financial, professional, commercial, educational and research fields will be created within the Diuict's ZOO-acre Regional Technology Parle, the Community-Based Transportat.ion Flanning Grant City "jChu/a Vista, PlanningDeparrme11l 6-14 9 of 15 09/01/2005 10:01 4274246 CHULA VISTA PUBLIC L PAGE 12 East~m Urban Center, and the university campu, and supporting research facilities. Each of the two Town Centers will also provid~ commercial retail and service opportunities for employment. Businesses within th~ Eastern University Distric" wiIl draw from a large and diverse local labor pool of residents. The plan calls for the labor p )01 to, in turn; be well supported by a generous range of housing opportunities, from high-market to affordable housing and student housing, weIl distributed throughout the District and convenient to work locations andlor transit facilities. Link housing, transportation, and land-use pla:~ning. The city's General Plan established a land use plan for Otay Ranch based on current urban design pbjlosophies that emphasize transit-oriented, ped'~strian-ftjendly planning as a means to solve the problems associated with guburban developJJlent. The city ha.o3 been working closely with our . Metropolitan Planning Organization (MPO), the San Diego Association of Governments (SANDAG), to align developmC)"lt of the East~rn University District with those smart growth principles, which encourage and promote the tran::it-oriented Town Center concept. Furth~=ore, the District's mixed land uses, higher-density housing, and transit scheme will benefit fiom SANDAG's Regional Comprehensive Plan for southern San Diego County - the South Bay Transit First! Program - of which th~ Eastern Uluversity District will be an integral part. Increase community livability by creating an 31:tractive, safe, and cohesive community. The Eastern University District town centers and villages are designed to increase community livability by bl~nding neighborhoods, shops and employment opportunities with parks, schools and other civic facilities to fashion a community whh a shared sense of pride and place. Shops and services will be nestled in the heart of each vi1lag~ and town center, chW:"ches near homes, the post office next door to the grocery store and just around the corner from child care and the school grounds. Stores will face sidewalks and other pnblic spaces so shoppers can meet and greet one another. . The vision of the Eastern University District as a diverse, integrated and cohesive community will be facilitated by a circulation plan in which ncigl1borhoods, village cores, business and technology centers, and town centers will be arranged so res [dents can choose to walk, bike, drive or use the BRT. Select villages and town centers will pre vide activities and uses e.g., a cinema complex, which draw from surrounding neighborhoods. Village cores and town centers will be linked by a pathway system, and provide trail access to other villages and town centers and to the open space system and the District's seventy-seven acres of neighborhood aJJd commuuity parks. The project can be replicated elsewhere in the :itate. Newly developing areas of th~ State that adjoin or are part of mctropolitan districts with which they have a close relatioDship in business, commlJrce, and culture (as the City of Chula Vista docs with tlle City of San Diego) would likely beocfit lD.Ost from the concepts of the Eastern University District Transit Plan, since transit planning ::If this type is likely to be !n{)st' effectively implemented as part of a larger regional effort. Community-Based Transportalion Planning Grant City ofChula Vista. Planning Department' 6-1 5 10 of 15 09/01/2005 10:01 4274246 CHULA VISTA PUBLIC L PAGE 13 If not granted, how will the city fnnd this proje,:t? For the reasons described in this proposal, the Eattern University District Transit Planning project is essential to the growth of the city. It has bee:l and continues to be stroDgly .supported by the community and has been incorporated into the cit;"s General Plan. It represents an innovation and a tw:ning point for the region in land use direction and will serve as a model for other future development within Chula Vista and throughout the region and the State. The city is committed to the planning project. If ;1ot granted, the city will either be compelled to delay the project until such time as funding becomes availabJe, with possible harm to the well-being and safety of the community and the enviro1llIJ.ent. '. Alternatively, the city may be obli!:ed to divelt funds already appropriated for other.. essential public projects that are either in progress or about to commence. Other alternatives include seeking private source funding which. could again result in delays and., more importantly, could reduce or eUminate public involvement in the planning process, depending upon imposed conditions by the funder. The State of California's support for the pJa1111ing proj ect will guarantee a timely, open, community-involved process. The project supports livable community concep.ts by utilizing modem transit-oriented, pedestrian friendly land use plarlOing concepts. The Eartern Univer.rity District Transit Plan will provide for a diverse, integrated and cohesive community. Livability through good transportation pIaDniDg will be facilitated by a circulation plan in which n,~ighborhoods, viUage cores, business aud technology centers, aud toWD centers will be arranged so residents can choose to walle, bike, drive or use the bus rapid transit system (BRT). . The project wi.!! coordinate land use and transp,)rtation by incorporating the principles of smart growth which encourage a move away fi:oro singln-fanlUy suburban development and instead promote the transit-oriented toWD center concept. High-density mixed use residential, commercial, professional and business uses, located convenien:ly close to a network ofpedestrian-friendJy mass transit lines and stations within the ToWD Centers, th.e Eastern Urban Center, and the university campus will increase ridership and improve transi: viability throughout tIle Eastern University District and the region. The planning project proposes tr.ansportatiOIJ pluming remedies that will provide significant community benefit by mitigating tIle inevitabJe impacts to the health and well being of residents aud the environmeDt if past suburban land use pol icies were continued. Examples of such impacts would certainly have included terJS of thousands more daily automobile trips, their attendant traffic congestion and auto emissions. TIle typical pattern of low-density suburban housing would meau continued reliance on the automobile for most necessary daily trips such as work, schools, services, and shopping. . Commu11.ity-Based Transportation Planning Gran! CityofChula ViSla, Plannin.gDopartment 6-16 Il of 15 09/01/2005 10:01 4274246 CHULA VISTA PUBLIC L PAGE 14 The Eastern University District Transit Plan marks a sea cbauge in urban transportation planning for the city. As part of the ttansit-oriented town center concept, the planned bus rapid transit system will provide significant bendits to the community - COT)venieT)ce to amenities, clean air, significantly lower-than-"normal" traffic congestion, and shorter commute times to work and school. The plaJming project leverages resources that may result in future improvements. The Otay Ranch GDP limits both the number of units that cm be built in the Otay Ranch and the square footage of allowable development in the Eastern Urban Center u.ntil the bus rapid transit system plan is fulJy in1plemented and serving the Ranch. By providing funding for transit planning, the timely implementation of the BRT system will be assured. The South Bay Transit First! Program is part of the Transnet sales tax iuitiative and, whIm approved, wj]] provide the construction funds for tbe SRT systeIP. Transit pJarmjng under tbis grant win Jeverage those funds for an expedited implementation of the system. The plan.ning project support.~ an increase iu residential development by providing a shift in the: traditional balance and diversity of residcntiallan i use. Instea.d of primarily single family suburban development, land use patterns in the Eustem University District will promote a blend of multi-family aod sin.gJe f=ily housing styles aud den.sities, tending toward denser mixed housing and affordable housing near town cEmters, on the 1]niversity campus, and in the Eastem Urban Center. The Eastern University District expects to add over 25,000 new population fj:om residential developmet1t by buildout in the year 2020. The planning project includes identifiable synergistic effects. Tbe Eastern. University District has four component land uses that rely on and SUFPOr! each ather. The University wiJl provide access, distinction and economic development to ':he City. Its basic research facilities will grow the regional technology park in Village Nine. The EaHtern Urban Center will provide office and professional support to both the regional technology park and the University, while the Town Centers provide support for students, facuJty and ataff of the University. The City sees these four components as necessary to achieve the Otay Ranch goals for education, employment and housing. The planning project is innovative as the first iJ:1tegrated land use/transportation project of its kind in San Diego County. The project has stre;sed community-based involvement at every preliminary stage of its development and will continue to do so throughout the project. Project concepts for the Eastern University District have been part of the Otay Ranch General Development Plan since its initiation. Community invo]vement activities were a critical aspect of that process and will continue during the Easte;"n University District Transit Planning process. Key activities include incorporating cornme!1ts aT)d ideas pr.ovided by the public, key person interviews and public outreach, public aware:.less efforts, a volunteer cjtizens visioneering program, town hall meetings, a citizens steering committee, and a n=ber of citizens subcommittees to consider economic, enviroomer.tal, and infrastructure issues. Community-Based TranspOI'talion Planning Gram City oJChula Vista, PlaMing DepartrnerrJ 6-17 12ofl5 09/01/2005 10:01 4274245 CHULA VISTA PUBLIC L PAGE 15 ~~1~;~]) '~(.iI!!ljl !fi\I,;m: Community involvement in the project planning process. The Eastern Univer,rity District Transit Plan will be a critical phase of the Otay Ranch master planning continuw:n. As such, its concepts h..ve been largely infJuenced and shaped by an involved community. To date, the planning proce ~s has benefited from hundreds of comments and ideas provided by the public through a Community Fcstival and several Town Hall meetings. a visioneering process led by citizen volunteers, ccmmunity workshops, Planning Commission aIld City Council workshops, numerous meetings of tIe General Plan Update citizens committees, use oftbe City's vvebsite, and other means. . Key person interviews have. been conducted W.th individuals representing various community staIceholder categories including residents, busim:ss, industry, institutions, ethnic populations, the elderly, and youth. The public was invited to participate as trained visioneers - citizens who volunteer their time to collect input from indhiduals and members of groups, organizations, ncighborhoods, and communities to which they belong. This allowed the city to use its citizen resources to reach out to various stakeholders an i members of the community to encourage their participation. Three town hall meetings have been held since 2002, with information fairs, facilitated town hall style wor.kshops, discussion :;essions to gather public input, and presentations proposing various alternatives designed to genenlte community feedback. A Dumber. of advisory committees were formed to provide oversight and input. These consisted of a steering committee and three subcommittees tied to m~or topic a:eas. These activities focused on shaping the concepts for the Eastern University District as wen as other planned areas within Otay Ranch. . Going forward, as the project now cnters the spec: fic planning phase, community involvement will continue to include critical input from a special: y appointed citizens advisory committee. This committee will be dedicated solely to gujding:he progress of the Eastern University District Tran..~it Plan. The committee will provide a IIleans for focused ongoing iDvolvement in the planning process by key stakeholder groups, citizens, and members of City boards and commissions. Thcy will also help maintain ongobg community participation and ownership of the project by ensuring that the interests and desires of the community are reflected in the planning process. Monthly advisement meetings with ci1Y Plancing Team staff and consultants will be OTlgoing throughout the project. In addition, at various stages throughout the project, open public hearings will be aDDounced and conducted in ord,~r to ensure that the public is informed about the project's progro:ss and the city's adherence to tho: project vision. Cooperation with other public entities. Agency coordination regarding the Em'tern. UlIiver,rity District Transit Plan will take place through ad hoc briefmgs aDd working session!! with SANDAG's project development team" Caltran.s, and other agency staff. SANDAG has agreed to provide contract or direct support for periodic presentatiOI,s to city staff, at City Council meetings, and reciprocal support with the city as required for this project. As part of the larger Regional Comprehensive Transit Plan for Southern San Diego County, the City of Chula Vista will continue to work closely with SANDAG to eJJ,Sure that the phuming process for the Eastem University District Transit Plan is successful Co",,,,unity-B<1$ed Transportatiort Plartrting Grant CilJlofChula Vista, Planning Departmen! 6-18 13 of 15 69/61/2665 16:61 4274246 CHULA VISTA PUBLIC L PAGE 16 and has a high likelihood of achievement. This level of cooperation will ensure that both SANDAG and the City of Chula Vista achieve ..oeal and regional program objectives related to agency and public interaction, environmental is:;ues, station identificatiou an.d desigtl elements, ttansit alignments, analysis oftraffi.c counts and v~lurnes, and priority treatments. . Milestones, interim products, Rod final prod'Ucl The Eastern (Jniversity District Transit Plan wll incorporate findings from a route analysis, a . station analysis, an appurtenant facilities analysis and a priority treatments/traffic analysis. These tasks will be perfonned by an outside consultant and the project Planning Team .and are expected to commence in July 2005 with completiou by Fe' Jruary 2006. At that time the logistical work wilJ commence - conceptual engineering skctches anc a summary of capital cwt estimates - which are due for completion by Ap.ril 2006. Delivery of the fmal product, a comprehensive phasing & implementation plan, is also cxpected by April 2006. EnJ!uring a successful outcome. It is important that steps be taken to ensure that th: plarming project milestones arc met, and that the final product is received on time and within budget. Steps wiU include: . Maintaining Jines of communication between:he city Planning To:arn, the consultant, City Council, the citizeI1s advisory committee, and SANDAG, for managing the scope of work and the project schedule which lists the established dates for deliverables and meetings. . The Planning Team will identifY data and other information required by the consultant, and specify any support that will be needed for the analyses. . The PI81ming Team. wiJl provide the basis against which the project status and progress will be measured and reported. . The consultant will be asked to prepare and subroit a p]a1J. for project management coordination and control within 14 days following a. fully signed task order. The plan should include ,an overall workflow chart identifying critical path work items, a detailed schedule for each work task, and a tracking system to report on the pmgress ofthe planning project. . The consultant will prepare and submit a summary of activities completed during the previous month, the scheduled activities for the next month, and any problems encountered during tile previous month. . In addition, the Planning Team will schedule regular progress meetings witb the consultant, monthly progress meetings with the citizens a,lvisory committee, and intcrim internal meetings and workshops. Commu11ity-Based T~anspo~latio11 Planning G~ant City ofChula Vista, Planl1ing Department 140f15 6-19 09/01/2005 10:01 4274245 CHULA VISTA PUBLIC L PAGE 17 Resource management. Cost effective and reliable management of resourees wilJ .be incOtporated into the Eastern University District Transit Pla7ming project, including: - · A detailed breakdown ofthe project costs and staffing, by task, required as part of the cOllsultant's project management coordinatior. plan. . The cOllsultant wiJJ be required to submit morthly invoices that include: 0;..' a progress payment report of servic:es performed during the reporting period by contract work task o the hourly breakdown by staffJ.evel o the percent of each work task completed o the overall project completed to datc o the amount and percent of the overall project budget completed to date. . · Internally, all granted funds are subject to star.dardized fiscal management and auditing procedures to ensure the proper tracking and accountability of grant revenues, drawdown.s and expenditures. . Community-Based Tra1'l.~port(Ifion Planning Grahl City qfChula Vi.rta. PlaYlYlingDepartmel1l 6-20 150flS . 09/01/2005 10:01 CHULA VISTA PUBLIC L 4274245 APPE:NDIX 6-21 PAGE 18 09/01/2005 10:01 4274246 CHULA VISTA PUBLIC L PAGE 19 LEGISLA TIVJ: DISTRICTS CITY OF CHULA VISTA ~-'!II'--"'--------- -..- ".... ... '.-' .-- -", --.-.-....-. -l-----.-----.---..- -.----..-.....--.-.. -I \ 7St Assembly District Assemblymember Shirley Horton i f-.:---II----. .... --.--.----.. ___._.__._.._______n__.__._.___._.~ ! 79t Assembly District lAssemblymember JQan Vargas i L-.______.....:.-- __ ___...".___..____~_. ,...._.~._,..........".. .............__._ ----.-0.- . i California Senate District 40 Senator Denise Moreno Ducheny j L.________._____..___._.._.............._ "'H', ..".~....,......."._.,___.~__H._____.___..___._.__._____J I California 51st Congressional I Congressman Bob Fitner i , District__________ ..___L ""..._...."..,..__._ ---1 San Diego County Board of ! Supervisor Greg Cox I I . _Supervisors __.___._.._.._____,__._____,,__.'''_____.._________..__._._.._ California i U. S. Senator Barbara Boxer --------.........""-........ .......,....-.... . -"'---"" _...._,- .........-,.".!. .-.-,....-.....---- -----.--.-.-- Caifornia I U. S. Senator Dianne Feinstein I .. ...._.___.._ ..._ . ..._....1. __'.,"", _,.... ......" ,_ ..._. n_"'__"" ......_..._.."..___..__ ____.I .._____._'_.__."H .'~" ~. . 6-22 69/61/2665 16:61 4274245 CHULA VISTA PUBLIC L PAGE 20 OTAY RANCH SUBAREA- EASTERN UNIVERSI'IY DISTRICT OTAY RANCH SUBAREA BOUNDARY PO'T9mA!.. LA MEDIA RD /\ \ \ \ , " N w-<?-' LEGEND s ~ ~LEMENTARYSCHOOL e NEIGHBORHOOD PARK CD FUTURETRANsrr STATION __ FUTURE TRANSrr ROUTE - PROPOSED ROAD ALIGNMENT . SR-125\NTI;RCHANGE NOT TO SCA1..E 6...,23 B9/Bl/2BB5 1B:B1 4274245 CHULA VISTA PUBLIC L PAGE 21 '" '" Z~.l 5: ~ ~ 7J).t; ~~ <00 ~~ U~ ~~ ~~ ~~ U~ ~ ,00--2 <:> .--/ ~ >- ~:i ~ ~ ,~ /> ~) tj ~ 09/01/2005 10:01 4274245 CHULA VISTA PUBLIC L PAGE 22 COMMITT"!:~~ <;J.I^"". HOUSING &" COMMUNrTT Oe:VELOP'M~NT AGAICUL-TUFH;:: G! WATt::R Fl'EaouACI:~ aWCc;E"T"!:t ~sC:;AL ~;:V\EW $utacOi'olMli1'lt[ f.t BANKING. COMMEFtCS:: &: IN'T'EI'{NA"I"tONAL \~"'DE SiiueCOMMITT5:ES: ASLAN Tr:tADI!:. tII COMMF-RCS; CA-EI.IFil:OF'~ ~AOE OEV. JUCICIARY VET'ERAI'!S AF"FAIAS (1lalifrrr:uht ji~htf:~ j&~nab~ SEN",TOR DENISE MORENO DUCHENY FORTIETH SENATe.- DISTRICT ~~ ,. SELECT Co....MI'\","t:.l:.:;; CHAIR. ~WFQRN!A.MEXICO C.OQf'uRAT)ON CHAIR, OVEFit$tGHT OF" UC Or::PT. orr CNE.AGY l.AeORATORIE$ I;)EFF.;NSE ANO AEROSPACE I/'I!~I)STRY I='ISCAL R~TFil:Uc:TURING IMMIGRATION ANO TI-IE ECONOMY MOBII-E ANO MANl..rpACTURED HOMES ~DrfoI'T=_Ij'TI::J;: '" prqlII"'M~tNG ~LrFORNIA.. FOR T':IE 2.1 SiT C';ENlURY MEMI!II!:R. COMM!SSION Of __. THG: CAUF'OFtNIA.$ October 8, 2004 , , ", " ....1..:: Mayor Stephen C. Padilla City of Chu18 V;~ta 276 Fourth Avenue Chula Vista, CA 91910 '-, .~- ....... RE: Community-Based Trw-Bporta.tion Planning Grant Dear Mayor Padilla: r am writiIJg to share with you that r support (he City of <-"hula Vista.' s efforts in applying for a California Department qfrrantporrathn Cmnmuni1:.'-Bas<i!d Planning grant" n,e gran! will hdp prou:wte livab1e community conceptS and. ,p.iality oflife In ChLl1a Vista by supportiIJg co:nmunity-supported transportu':ion p1aiJZJ)IJg th8t will res\JJt in long-term sustainable t!"aD,sit-oriented community devdt1pInet:lt. The Otay Ranch Town Center-UniversIty Transit Plm will ultimately provide: a state-of- the-art Bus Rapid Transit (BRT) network lir,king Otay Ranch's town centers, the university campus, the regional technology park, and the Eastern Urban center with each other and with activity centers throughout S Juthem San Diego County and the region. TIle project will mean greater accessibility t J transit and more transportation choices for res) dent~" I feel that the Otay Ranch Town Cente:r-Dmversity Transit Plan and project will not only serve as a model for other communities, but will provide immeasurable benefits to the families :in this cOID1Jllmity. Sincerely, , , n C', , ~/~h:;W_ y~ 0"\.J2-,-" 1Jv,-~ .:::;:=::=:-~"" ,~ Denise Moreno Ducbeny State Senator. 40'" District OMO/c.'WT \':1\",TQL.Q"'""c::=: STATE c:AF"rrol-. ROOM 2.0'12 $ACAAMENTO.~A ~~e14 I"HI91ca_:!;,~"~7 FAX 191 ~I ~27.:;I52..2 f:l"lu..........r~...OI'"F1I;j; S.~7 3"1:1 AVENUE. sun=. c. r:;HUL.A VISTA. CA 91!1\O J'?11015114051.7I;;!'rO F"M~eI9140e.'tC;ae 1"'~I""I"V"'I,.I..~TQ"''''!;;e: 12~'" ST.!I,TE STREET SUITE 0 EL CENTRO, CA 5Jn:43 p" (1'GOI .33~'3&42 FMr"60\a3'!-~ ,"gj\C:;"'~l.." ViOol..,U;T CF""IC>= :::i3519O ENTERPRISE WAY SUITE 14 COAC:HEI-LA. CA >12236 PH 171:001 398-0442 ~..v.I'7~Oj ::-gQ;.(joiL'O 6-25 09/01/2005 10:13 4274245 CHULA VISTA PUBLIC L PAGE 09 AUaCnmeur ~ - STATE OF CALIFORNIA ARNOLD SCHWARZE~EGGER Governor Oepartmertt of AICOholTc Beverage ContrOl Departrr'1ent of Corporations Depal'lmMt 0( R"""""" Irn:tlwtla:\o California HighwGr Patrol CaIKomia Housing FIMance Moncy Department of Housing &.Communlty Development OepSr1r'nerlt of Managed HsaJlh Care SUNNE WRIGHT MCPeAi'; Secretary Department of Motor Vehicles Office of the Patierrt Advocate Department of Real Estate OffiG:e of Reat Estate Appraisers SI.ept>"" p, Tesle 0,.", Center Office of Tram!: Safety Oej:lartrnent f:i Transportation BUSINESS, TRANSPORTATION AND HOUSING AGENCY May 31, 2(}OS Mr. Jim Sandoval Director, Planning and Building City of Chula Vista 276 Fourth Avenue Chula Vista., CA 91910 Dear Mr. Sandoval: On behalf of Govemor Arnold Schwarzenegger, we are pleased to inform you that the following application for a California Department of Transportation (Department) Planning Grant has been selected for funding fiscal y.:ar 2005-06 pending approval of the State budget: Community-Based Transportation Planning --Eastem-TJniJ,lersitv-Di5t>ictTransit.P.lan,,~2 0'1''.5.60-"----,,,,--,----- -."..----- .,- ...--.... -,-."~....... The Planning Grant program is a compleme'1t to the Governor's "GoCalifornia" initiative to significantly improve the transportation system throughout Califomia~ It also is another opportunity for the State of California (State) to work with local officials, community leaders, and stakeholders to furt.:ler the following "anti-dumb growth" objectives that augment and enhance mobili'ty: (1) develop more efficient land use patterns accommodating a sufficient housing supply to match population increases and workforce needs for the fun spectrum of the population; (2) reduce dependency on single-occupant vehicle trips; (3) foster neighborhood 3-nd project designs that enable more walking and biking for healthier communities; (4) minimize impacts on valuable habitat and productive fannland; and (5) incrca:>e resource use efficiency, including energy, water, and building materials conservation. 980 9th street, Suite 2450 . Saoramenlo, CA 95814-2719 . (916) 323-540D . 1 (800) 924-2842 . Fax: (916) 323-5440 FLEX YOUR POWER! . BE ENERGY E'FFICIE:NT! 6-26 09/01/2005 10:13 4274245 CHULA VISTA PUBLIC L PAGE HI Mr. Jim Sandoval May 31, 200S Page 2 - In accepting this grant, your organization agrees to be a partner with the State to achieve our common goal to improve mobility and quality oflife in California by both (a) successfully implementing your grant project and (b) helping advance the above objectives as appropriate activities present themselves. As a grant recipient, you will be invited to p,uticipate in further dialogue with the Departrnertt and our other partners to share your lessons learned at the end of the grant term. We also encourage you to optimize tbe impact of this grant by participating in local and regional activities that relate to transportation and the other above objectives. Staff from the Department will contact you 1,hortly to provide more details to help you sharpen the focus of your scope of work and answer any questions you may have concerning this grant. If you have any immediate questions, please contact Joan Sollenberger, Chief, Division of Transportation Planning at (916) 653- L8 L8 Sincerely, ~~i4~~_ ~ SUNNE WRIGHT McPEAK Secretary WILL KEMPTON . Director --. ..---.---- - H' '_"_"'_H_~ ..- .-----_..~....,.....- 6-27 09/01/2005 10:13 4274246 CHULA VISTA PUBLIC L Mr. Jim Sandoval May 31, 2005 Page 3 c: Gary Gallegos, San Diego Association of Governments Joan Sollenberger, Chief, Division of Transportation Planning "'--' ...._.._..._-_..~...._..-.... . ................. 6-28 PAGE 11 , ..-.---. .-. --- 09/01/2005 10:13 4274246 CHULA VISTA PUBLIC L Mr. Jim Sandoval May 3], 2005 Page 4 bc: Sunne Wright McPeak, Secretary, BTH Will Kempton, Director, California D.:partment of Transportation Brian Smith, Deputy Director, Planning and Modal Programs Bill Figge, Deputy Distri.ct Director for Planning, Distri.ct 11 Tom Neumann, Chief, Office of Community Planning Pedro Orso-Delgado, District Director. District 11 / Chris Schmidt, District 11 Ali Shahmiri, District 11 "---"" ~'._'---' 6-29 PAGE 12 --'--"---'-'--- RESOLUTION NO. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE APPLICATION AND ACCEPTANCE OF A COMMUNITY-BASED TRANSPORTATION PLANNING GRANT FROM THE STATE OF CALIFORNIA FOR THE EASTERN UNIVERSITY DISTRICT TRANSIT PLAN PROJECT; AND AUTHORIZING THE COMMITMENT OF IN-KIND MATCHING FUNDS THEREFOR. WHEREAS, the City seeks to develop a conceptual transit-oriented plan and design for the Eastern University District; and WHEREAS, certain local assistance grant funds are made available annually on a competitive basis by the California Department of Transportation for community-based transportation planning; and WHEREAS, the City proposes a local match of $50,390 as in-kind contribution for the Eastern University District Transit Plan Project and seeks grant funding from the California Department of Transportation to fund the cost of hiring a transportation planning consultant to complete the Project and estimates the consulting costs to be $201,560; and WHEREAS, the grants are awarded pursuant to guidelines established by the California Department of Transportation for determination of project eligibility for funds; and WHEREAS, said procedures established by the California Department of Transportation require the Grantee to certify by resolution the approval to apply for, and accept grant funds and provide authorization to enter into an agreement with the California Department of Transportation for said funds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby approve the application for and acceptance of $201 ,560 in State of California Community-Based Transportation Planning Grant funds for the Eastern University District Transit Plan Project. BE IT FURTHER RESOLVED that the City Council hereby authorizes the commitment of $50,390 as in-kind local matching funds to this project. BE IF FURTHER RESOLVED that the City Council names the Mayor as the office authorized and empowered to execute a contract with the California Department of Transportation. 6-30 Presented by J. D. Sandoval Director of Planning & Building . IPlanninglBobMc\Transit Grant Resolution 9-l2-05.doc . . 6-31 Approved as to form by COUNCIL AGENDA STATEMENT Item Meeting Date rj r 9/20/2005 ITEM TITLE: Resolution Accepting and appropriating $57,157 in unanticipated revenues from the California Department of Conservation, Beverage Container Recycling and Litter Reduction Activities Grant Program Director of General services(j.-#-. City Manager'd! t.. J!!? (4/5ths Vote: Yes XNo_) SUBMITTED BY: REVIEWED BY: BACKGROUND: The California Department of Conservation, Division of Recycling (DOR) annually distributes $10.5 million dollars to eligible cities and counties specifically for beverage container recycling and litter reduction activities. On July 12, 2005 Council authorized staff to submit a grant application to the DOR. As a result, Chula Vista has been awarded $57,157. RECOMMENDATION: Adopt the resolution accepting a grant from the California Department of Conservation, Division of Recycling, Beverage Container and Litter Reduction Activities grant program appropriating the funds in the amount of $57,157 to the FY 06 supplies and services budget of the Waste Management Recycling Fund. BOARDS/COMMISSIONS: Not applicable DISCUSSION: The DOR goal is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers and reducing litter. Each city is eligible to receive a minimum of $5,000 or an amount calculated on a per capita basis. Chula Vista was eligible for $57,157. Staff will be using these funds to promote the DOR objectives in our curbside recycling, multi-family and hospitality recycling programs by developing brochures, public education materials and give away items; providing trash bags to community groups for clean up activities and special events; and by purchasing safety equipment, such as gloves, litter sticks, reflective vests and recycling equipment. FISCAL IMPACT: The funds are awarded upon request and are directed to beverage container recycling and litter reduction programs. There is no impact to the General Fund as a result of accepting this award and implementing the work. No matching funds are required. M;\General Services\Environmental\A113- CRV appropriate funds.doc 7-1 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $57,157 IN UNANTICIPATED REVENUES FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, BEVERAGE CONTAINER RECYCLING AND LITTER REDUCTION ACTIVITIES GRANT PROGRAM WHEREAS, the California Department of Conservation, Division of Recycling (DOR) is distributing $10.5 million for Fiscal Year 2005/2006 to eligible cities and counties specifically for beverage container recycling and litter clean up activities; and WHEREAS, the goal of the DOR's beverage container recycling program is to reach and maintain an 80 percent recycling rate for all California Refund Value (CRV) beverage containers - aluminum, glass, plastic and bi-metal. Projects implemented by cities and counties assist the Department in reaching and maintaining their goal; and WHEREAS, each city is eligible to receive a minimum of$5,000 or an amount calculated by the DOR, on a per capita basis, whichever is greater, and Chula Vista has been awarded $57,157; and WHEREAS, staff will be using these funds to promote the DOR objectives in our curbside recycling, multi-family and hospitality recycling programs by developing brochures, public education materials and give away items. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista accepts a grant in the amount of $57,157 from the California Department of Conservation, Beverage Container Recycling and Litter Reduction Activities Grant Program, and appropriates that amount to the Supplies and Services budget of the Waste Management Recycling fund, based on unanticipated revenues. Jack Griffin Director of General Services Approved as to form by g_,~j}a-d lty ey Presented by J:\attomey\reso\Finance\Beverage Container and Ltter Grant 9 2005 7-2 COUNCIL AGENDA STATEMENT ITEMl MEETING DATE 9/20/05 ITEM TITLE: Ordinance Amending Chula Vista Municipal Code Section 2.05.010 to Establish the Unclassified Position of Coastal/Environmental Policy Consultant to the Mayor Resolution Authorizing Amendments to the Mayor and Council's Budget and Appropriating Funds Therefore The City is in the process of developing a number of planning documents and projects to provide a framework to enhance and revitalize the social and economic vitality of the City. These efforts include, among many others, the Chula Vista Sayfront Master Plan, the Urban Core Specific Plan, and the University Project. To adequately prepare for these complex proposals it is recommended the City hire a policy advisor to the Mayor to assist with general policy issues including coastal, environmental, and land use issues. Approval of this ordinance and resolution will authorize an additional support position in the Office of the Mayor and Council with expertise in environmental, land use planning, and coastal development issues and regulations, and additional budget adjustments to meet the needs of ~artment. SUBMITTED BY: City ManagF ( 4/5ths Vote: Yes X No _ ) RECOMMENDATION: That the City Council approve the above ordinance and resolution and thereby: . Establish the unclassified, at-will position of Coastal/Environmental/Land Use Policy Consultant to the Mayor in the Middle Management group with an initial E-step salary equivalent to the Environmental Project Manager classification, . Amend the Mayor and Council's personnel services budget for fiscal years 2006 and 2007 by $98,020 and $129,387 respectively, . Amend the Mayor and Council's services & supplies budget for fiscal years 2006 and 2007 by $75,000 and $90,000 respectively, and 8-1 Page 2, Item Meeting Date ~ v 9/13/2005 · Authorize the appropriation of funds therefore in fiscal year 2006 based upon unanticipated Motor Vehicle License Fee revenues. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION In addition to the revitalization efforts in the downtown area and the University project, the City is pursuing the development/redevelopment of the Bayfront area. This represents one of the largest planning and development efforts ever undertaken by the City. The processing of the Bayfront Master Plan will include the consideration of a new local coastal plan and a number of development projects. The complex nature of this and other developments necessitates the addition of staff and resources to the Office of the Mayor. In order to improve the City's ability to monitor and analyze the growing number of local land use and environmental issues staff is recommending the addition of one Coastal/Environmental Policy Consultant to the Mayor position in the Office of the Mayor and Council effective September 16, 2005. It is recommended that the position be created as an unclassified, at-will position in the Middle Management group with an initial E-step salary equivalent to the Environmental Project Manager. Some of the duties to be fulfilled by this position include: - Serve as liaison between the community and Mayor's Office on land use and environmental issues, with an emphasis on coastal development issues, in order to establish and maintain effective relationships. - Promote and facilitate Chula Vista's role as a regional leader on environmental issues. - Meet with and solicit input from city staff, project applicants, members of the public, and community groups regarding major land use and environmental issues. - Evaluate information related to upcoming coastal issues and formulate policy. Provide support to Mayor's staff in the form of environmental policy perspective and input. - In conjunction with appropriate city staff, make recommendations to the Mayor regarding environmental legislation and regulations (local, state and federal). 8-2 Page 3, Item Meeting Date 3 9/13/2005 - Attend, record, analyze and report on trends, results, and recommendations regarding the Coastal Commission's activities. The cost of this position is estimated at $98,020 for the remainder of fiscal year 2006 and $129,387 ongoing. It is also recommended that sufficient funding be allocated to the Office of the Mayor and Council to allow the Coastal/Environmental Policy Consultant to attend all Commission meetings. In addition to the environmental and land use issues presented by most development projects, the development considered at the Bayfront is on tidelands and within the coastal zone thus triggering Coastal Commission review. The Coastal Commission, in partnership with coastal cities and counties, plays a pivotal role in the planning and regulation of land and water uses in the coastal zone. All new development proposed on tide and submerged lands, and other public trust lands must receive a permit from the Commission. Furthermore, due to the sensitive and often politicized nature of the Mayor's activities representing the City both locally and at the State level, the Special Investigations Unit of the Police Department is recommending security be available to the Mayor on an as needed basis. Staff recommends supplementing the services and supplies budget by $75,000 for the remainder of fiscal year 2006 and $90,000 ongoing to ensure adequate funding of all related costs. FISCAL IMPACT The cost of the recommended adjustments to the Mayor and Council's budget is estimated at $173,020 for the remainder of fiscal year 2006 and $219,387 ongoing. These costs will be fully offset with unanticipated Motor Vehicle License Fee revenues resulting in no impact to General Fund reserves. J:\Attomey\EHull\Agenda Statements\Enviro Land Use Policy Consultant2.doc 8-3 ORDINANCE NO. ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.010 RELATING TO ESTABLISH THE UNCLASSIFIED POSITION OF COAST ALlENVIRONMENT AL POLICY CONSULTANT TO THE MAYOR WHEREAS, the Human Resources Department has created new classifications to better reflect the needs of the City's workforce; and WHEREAS, the Charter Section 500(a) requires that all new unclassified management level positions be adopted by ordinance and a four-fifths vote of the Council. NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as follows: SECTION I: That Section 2.05.010 of the Chula Vista Municipal Code is hereby amended to read as follows: 2.05.10 Unclassified positions established. In addition to those unclassified positions specifically delineated in Section 500 of the Charter of the city, there are established the unclassified positions entitled deputy city manager, administrative services manager, deputy fire chief assistant fire chief, assistant chief of police, assistant director of finance, assistant director of budget and analysis, fiscal operations manager, funds development strategic planning manager, purchasing agent, treasury manager, assistant director of human resources, director of employee development, risk manager, assistant director of public works and operations, assistant director of building and housing, deputy building official, building services manager, building and park construction manager, parks and open space manager, assistant director of recreation, housing coordinator, real property manager, transit coordinator, assistant director of community development, community relations manager, western Chula Vista development manager, traffic engineer, deputy director of engineering, assistant library director, chief learning officer, director of communications, police captain, director of conservation and environmental services, deputy director of planning, assistant director of planning, special planning projects manager, general plan project manager, chief of staff, constituent services manager, community liaison (assigned to the office of the mayor and city council), California border alliance group deputy executive director, California border alliance group budget manager, California border alliance group meth. Strike force coordinator, California border alliance group 8-4 network administrator, California border alliance group operations/intelligence coordinator, California border alliance group program analyst, California border alliance group management assistant, California border alliance group network assistant and regional computer forensic laboratory network engineer, California border alliance group executive assistant, energy services manager, communications manager, office specialist (mayor's office), intergovernmental affairs coordinator, human resources operations manager, director of budget and analysis, deputy director of general Services; Coastal/Environmental Policy Consultant SECTION II: This ordinance shall take effect and be in full force thirty days from its adoption. Submitted by: Approved as to form by: Marcia Raskin Human Resources Director ~iM /jdt' An oore Ity Attorney J:attorney/Ordinance/Classification 2005 ordinance Consultant to Mayor 8-5 RESOLUTION NO. 2005- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING AMENDMENTS TO THE MAYOR AND COUNCIL'S BUDGET AND APPROPRIATING FUNDS THEREFORE WHEREAS, the City is in the process of developing a number of planning documents and projects to provide a framework to enhance and revitalize the social and economic vitality of the City; and WHEREAS, to prepare for these complex proposals it is recommended the City hire a policy advisor to the Mayor to assist with general policy issues including coastal, environmental, and land use issues; and WHEREAS, approval of this ordinance and resolution will authorize an additional support position in the Office of the Mayor and Council with expertise in environmental, land use planning, and coastal development issues and regulations, and additional budget adjustments to meet the needs of the department; and WHEREAS, processing of the Bayfiont Master Plan will include the consideration of a new local coastal plan and a number of development projects. The complex nature of this and other developments necessitates the addition of staff and resources to the Office of the Mayor; and WHEREAS, is recommended that the position be created as an unclassified, at-will position in the Middle Management group with an initial E-step salary equivalent to the Environmental Project Manager; and WHEREAS, this action will amend the Mayor and Council's personnel services budget for fiscal years 2006 and 2007 by $98,020 and $129,387 respectively; and WHEREAS, this action will amend the Mayor and Council's services & supplies budget for fiscal years 2006 and 2007 by $75,000 and $90,000 respectively. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize amendments to the Mayor and Council's budget for the 2006 fiscal year and appropriating funds therefore. Presented by Approved as to fonn by ~~/+~ oore City Attorney Dave Byers Director of Public Works Operations J:\attomey\reso\finance\Amend Mayor's & Council's budget 8-6 COUNCIL AGENDA STATEMENT Item: C-1 Meeting Date: 9/20/05 ITEM TITLE: Public hearing to consider adoption of an ordinance amending Chapter 17.10 of the Municipal Code relating to the review and adjustment of Park Acquisition and Development (PAD) to pay for the acquisition of land and the development of park facilities. Resolution Amending the Master Fee Schedule to adjust the Parkland Acquisition and Development (PAD) fees for neighborhood and community park requirements. SUBMITTED BY: Ordinance Amending Chapter 17.10 of the Municipal Code relating to the review and adjustment of Park Acquisition and Development (PAD) to pay for the acquisition of land and the development of park facilities. Director of General Services GYr City Manager 11 ~ PR (4/Sths Vote: Yes _ No l) REVIEWED BY: It is recommended that this item be continued to the meeting of October 11, 2005. M:\General Services\GS Administration\Council Agenda\PAD Fee Update\Summer 2005 Update\Al13 PAD Land Acquisition Update 2005- continued.doc 9-1 COUNCIL AGENDA STATEMENT Item Meeting Date 9120/2005 10 ITEM TITLE: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING THE CONSULTANT SELECTION PROCESS AS' IMPRACTICAL AND APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND "I LOVE A CLEAN SAN DIEGO, INC." FOR THE DEVELOPMENT AND IMPLEMENTATION OF STORM WATER PUBLIC EDUCATION AND OUTREACH PROGRAMS, REQUIRED PURSUANT TO THE NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL PERMIT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT ON BEHALF OF THE CITY SUBMITTED BY: Director of Public Works Operations P- City Manager f ~ rK REVIEWED BY: On August 9, 2005, the City Council considered a staff recommendation to waive the consultant selection process and approve an agreement between the City of Chula Vista and "I Love A Clean San Diego". The agreement is for the development and implementation of storm water public education and outreach programs required pursuant to the NPDES Municipal Permit, Order No. 2001-01. RECOMMENDATION: Council continue the item to October 4, 2005. /(. --I CITY COUNCIL AGENDA STATEMENT , ~ Item: ; , Meeting Date: 09/20/05 ITEM TITLE: REPORT AND REFERRAL ITEM: Consideration of regulations for second dwelling units in single-family zones and response to residential concerns. Possible referral of the regulations to the Planning Commission for refinement. SUBMITTED BY: Director of Plan/ and BUildingf" City Manager d I ~ p f (Vote: Yes _No--> REVIEWED BY: On July 12, 2005, the City Council requested a report in 30 days on the status of the city's regulations for second dwelling units, prompted by concerns the City has heard from several neighbors in 3 different neighborhoods where second units are under construction. Based on an initial investigation of the various neighborhood concerns, staff found the units creating controversy to be in compliance with our existing zoning ordinance. Based on the community feedback, the policymakers may determine that the current regulations are inadequate to address impacts on privacy and single-family character that second units are creating. Concerns associated with these second units on single- family lots include, but are not limited to, privacy concerns, parking, size of the unit and placement on the lot. One project has caused controversy due to the location of the structure, which is atop a steeply sloped hill with only stairway pedestrian access to the second unit from the main residence. Neighbors of the applicant have complained about privacy concerns and parking issues due to the location of the new structure in relation to their homes and a utility easement. RECOMMENDATION: That the City Council refer the second dwelling unit ordinance to the Planning Commission for refinement and possible additional neighborhood compatibility standards in order to address the types of issues arising this summer in several neighborhoods. DISCUSSION: Background The State of California finds and declares that second units are a valuable form of housing in California. Government Code 65852 outlines the framework that local agencies may use to create an ordinance to provide for the creation of second units in single-family and multi-family residential zones. (Refer to Attachment A for the Government Code text.) The legislation was adopted to / /- J Page 2, Item No.: Meeting Date: 9/20/05 ., prevent excessive regulations at the local level that would reasonably prevent homeowners from building these types of units. Government Code 65583 provides guidelines that allow local agencies to include second units as a source of affordable housing to be included in the general plan. Most recently, the State preempted the local governments ability to require a conditional use permit for these units. Now, the units may only be controlled through zoning as ministerial approvals. Discretionary processes are no longer allowed. The current ordinance for the City ofChula Vista is CVMC 19.58.022. (Refer to attachment B for the text of Chula Vista's second unit ordinance.) The ordinance addresses the following issues: Maximum unit size 850 Sq. ft. Setbacks: Side Same as main unit Rear May encroach to within 5' but not more that 30% of total rear vard area Lot coverage Maximum 50% Minimum lot size 5,000 Sq. ft. Parking spaces I space for up to 2-bedroom units 2 soaces for 3 or more bedrooms Parking location Must be screened from public view, not in front or exterior side yards Design Consistent with main unit Attached or detached Either allowed In the past three years, there have been a total of 58 building permits issued or finaled for secondary dwelling units. In particular, Otay Ranch encourages second units as a method of providing affordable housing in the villages. Village 6 has two neighborhoods oflarger single-family homes with attached second units. McMillin Companies provide a detached second unit prototype and have successfully constructed and marketed the prototype. The City has heard few neighborhood concerns related to these newly built second units. The concerns have instead concentrated in established neighborhoods where the units are being retrofitted into the backyard of an existing single-family lot. Initial Staff Analysis Staff and the Planning Commission developed the current City ordinance after a series of workshops and public hearings. The City Council conducted two hearings to adopt the initial ordinance and refined it a year later. The standards in the current ordinance were crafted during the period when State law allowed discretionary permits for accessory second units. There was an assumption that the public hearing and ability to impose conditions in a use permit process would provide sufficient protection. The State recently preempted the option of requiring a use permit. At the time of this new preemption, staff, Planning Commission and City Council were comfortable the regulations would continue to sufficiently protect Chula Vista's neighborhoods. I! '} i! -~ Page 3, Item No.: II Meeting Date: 9/20/05 Based on community feedback, the options to the city are twofold: 1) continue with the current relatively permissive regulations, despite the feedback, based on public policy to encourage second units as a form of affordable housing; or 2) amend the current ordinance to continue encouraging the units but in balance with more stringent requirements for greater compatibility with surrounding properties. The types of additional standards that can be added to the regulations include: o Improved design standards - e.g. improve privacy by requiring building and window placement that reduces impacts to neighbors, o Distance requirements - e.g., standards to keep the second unit in close association with the main residence rather than proximate to neighbors o Increased yard separation requirements - e.g. treating these new residential units the same as the main house in terms of side and rear yard. o Unit size reduction - e.g., adding a ratio standard would keep the new unit in proportion to the lot and the neighborhood. o Green building requirements o Other types of performance standards. Refer to Attachment C, the City of Santa Cruz' second unit ordinance for an example of the type of regulations that go to great length to reduce the impact of units on neighborhoods and to encourage energy and resource conservation. Noticinl! Documentation This information and referral has been noticed according to Brown Act requirements. No further public noticing is required at this point in the Council's preliminary discussions. Potential subsequent actions, should the Council direct, will necessitate broader noticing, with public hearings prior to the Planning Commission recommendations and City Council decisions. FISCAL IMP ACT: No fiscal impact is associated with any future refinement of the second unit ordinance. CONCLUSION: The City Council may consider the option of refining the ordinance to better address neighborhood concerns, weigh community compatibility against the state mandate to provide this type of affordable housing, and refer the matter to the Planning Commission for ordinance refinement if they feel it ! ---., ...:; Page 4, Item No.: t I Meeting Date: 9/20/05 needs strengthening in order to better balance the City's General Plan policies, state law and our local community standards. Attachments: A. State Law on Second Units B. Local Ordinance on Second Units C. Santa Cruz Ordinance and Guidebook //- Lj Attachment A California Government Code 65852. All such regulations shall be uniform for each class or kind of buildulg or use of land throughout each zone, but the regulation in one type of zone may differ from those in other types of zones. 65852.1. Notwithstanding Section 65906, any city) including a chmier city, county, or city and county may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or which is attached to or detached from, a primary residence on a parcel zoned for a single-family residence, if the dwelling unit is intended for the sole occupancy of one adult or two adult persons who are 62 years of age or over, and the area of floor space of the attached dwelling unit does not exceed 30 percent of the existing living area or the area ofthe floor space of the detached dwelling unit does not exceed 1,200 square feet. This section shall not be construed to limit the requirements of Section 65852..2, or the power oflocal governments to pennit second units. 65852.150. The Legislature finds and declares that second units are a valuable [onn of housing in California. Second units provide housing for family members, students, the elderly, in-home health care providers, the disabled, and others, at below market prices within existing neighborhoods. Homeowners who create second units benefit from added income, and an increased sense of security. It is the intent of the Legislature that any second-unit ordinances adopted by local agencies have the effect of providing for the creation of second units and that provisions in these ordinances relating to matters including unit size, parking, fees and other requirements, are not so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create second units in zones in which they are authorized by local ordinance. 65852.2. (a) (I) Any local agency may, by ordinance, provide for the creation of second units in single-family and multifamily residential zones. The ordinance may do any of the following: (A) Designate areas within the jurisdiction ofthe local agency where second units may be permitted. The designation of areas may be based on criteria, that may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow. (B) Impose standards on second units that include, but are not limited to, parking, height, setback, lot coverage, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historic Places. (C) Provide that second units do not exceed the allowable density for the lot upon which the second unit is located, and that second units are a residential use that is consistent with the existing general plan and zoning designation for the lot. (2) The ordinance shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (3) When a local agency receives its first application on or after July 1,2003, for a permit pursuant to this subdivision, the application shall be considered ministerially without discretionary //-6 Attachment A review or a hearing, notwithstanding Section 65901 or 65906 or any local ordinance regulating the issuance of variances or special use permits. Nothing in this paragraph may be construed to require a local government to adopt or amend an ordinance for the creation of second units. A local agency may charge a fee to reimburse it for costs that it incurs as a result of amendments to tbis paragraph enacted during the 2001-02 Regular Session of the Legislature, including the costs of adopting or amending any ordinance that provides for the creation of second units. (b) (1) When a local agency which has not adopted an ordinance governing second units in accordance with subdivision (a) or (c) receives its first application on or after July 1,1983, for a pennit pursuant to this subdivision, the local agency shall accept the application and approve or disapprove the application ministerially without discretional)' review pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 120 days after receiving the application. Notwithstanding Section 65901 or 65906, every local agency shall grant a variance or special use permit for the creation of a second unit if the second unit complies with all of the following: (A) The unit is not intended for sale and may be rented. (B) The lot is zoned for siugle-family or multifamily use. (C) The lot contains an existing single-family dwelling. (D) The second unit is either attached to the existing dwelling and located within the living area of the existing dwelling or detached from the existing dwelling and located on the same lot as the existing dwelling. (E) The increased floor area of an attached second unit shall not exceed 30 percent of the existing living area. (F) The total area of floorspace for a detached second unit shall not exceed 1,200 square feet. (0) Requirements relating to height, setback, lot coverage, architectural review, site plan review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located. (H) Local building code requirements which apply to detached dwellings, as appropriate. (I) Approval by the local health officer where a private sewage disposal system is being used, if required. (2) No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. (3) This subdivision establishes the maximum standards that local agencies shall use to evaluate proposed second units on lots zoned for residential use which contain an existing single-family dwelling. No additional standards, other than those provided in this subdivision or subdivision (a), shall be utilized or imposed, except that a local agency may require an applicant for a permit issued pursuant to this subdivision to be an owner-occupant. (4) No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to implement this subdivision. Any local agency may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of second units if these provisions are consistent with the limitations of this subdivision. (5) A second unit which confOlIDs to the requirements of this //-& Attachment A subdivision shall not be considered to exceed the allowable density for the lot upon wh ieh it is located, and shall be deemed to be a residential use which is consistent with the existing general plan and zoning designations for the lot. The second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. (c) No local agency shall adopt an ordinance which totally precludes second units within single-family or multifamily zoned areas unless the ordinance contains findings acknowledging that the ordinance may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single-family and multifamily zoned areas justify adopting the ordinance. (d) A local agency may establish minimum and maximum unit size requirements for both attached and detached second units. No minimum or maximum size for a second unit, or size based upon a percentage of the existing dwelling, shall be established by ordinance for either attached or detached dwellings which does not permit at least an efficiency unit to be constructed in compliance with local development standards. (e) Parking requirements for second units shall not exceed one parking space per unit or per bedroom. Additional parking may be required provided that a finding is made that the additional parking requirements are directly related to the use of the second unit and are consistent with existing neighborhood standards applicable to existing dwellings. Off-street parking shall be permitted in setback areas in locations determined by the local agency or through tandem parking, unless specific findings are made that parking in setback areas or tandem parking is not feasible based upon specific site or regional topographical or fire and life safety conditions, or that it is not permitted anywhere else in the jurisdiction. (f) Fees charged for the construction of second units shall be determined in accordance with Chapter 5 (cOlmnencing with Section 66000). (g) This section does not limit the authority oflocal agencies to adopt less restrictive requirements for the creation of second units. (h) Local agencies shall submit a copy of the ordinances adopted pursuant to subdivision (a) or (c) to the Department of Housing and Community Development within 60 days after adoption. (i) As used in this section, the following terms mean: (1) "Living area," means the interior habitable area of a dwelling unit including basements and attics but does not include a garage or any accessory structure. (2) "Local agenci' means a city, county, or city and county, whether general law or chartered. (3) For purposes of this section, "neighborhood" has the same meaning as set forth in Section 65589.5. (4) "Second wlit" means an attached or a detached residential dwelling unit which provides complete independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family dwelling is situated. A second unit also includes the following: (A) An efficiency unit, as defined in Section 17958.] of Health I; 7 ;1- Attachment A and Safety Code. (B) A manufactured home, as defined in Section 18007 of the Health and Safety Code. (j) Nothing in this section shall be construed to supersede or in any way alter or lessen the effect or application of the California Coastal Act (Division 20 (commencing with Section 30000) of the Public Resources Code), except that the local government shall not be required to hold public hearings for coastal development permit applications for second units. 65583.1. (a) The Depm1ment of Housing and Community Development, in evaluating a proposed or adopted housing element for substantial compliance with this article, may allow a city or county to identify adequate sites, as required pursuant to Section 65583, by a variety ofmethocls, including, but not limited to, reclesignation of property to a more intense land use category and increasing the density allowed within one or more categories. The department may also allow a city or county to identify sites for second units based on the number of second units developed in the prior housing element planning period whether or not the units are permitted by right, the need for these units in the community, the resources or incentives available for their development, and any other relevant factors, as determined by the department. Nothing in this section reduces the responsibility of a city or county to identify, by income category, the total number of sites for residential development as required by this article. (b) Sites that cOlltain permanent housing units located on a military base undergoing closure or conversion as a result of action pursuant to the Defense Authorization Amendments and Base Closure and Realignment Act (Public Law 100-526), the Defense Base Closure and Realignment Act of 1990 (Public Law 101-510), or allY subsequent act requiring the closure or conversion of a military base may be identified as an adequate site if the housing element demonstrates that the housing units will be available for occupancy by households within the planning period of the element. No sites containing housing units scheduled or planned for demolition or conversion to nonresidential uses shall qualify as an adequate site. Any city, city and county, or county using this subdivision shall address the progress in meeting this section in the reports provided pursuant to paragraph (1) of subdivision (b) of Section 65400. (c) (1) The Department of Housing and Community Development may allow a city or county to substitute the provision of units for up to 25 percent of the community's obligation to identify adequate sites for any income category in its housing element pursuant to paragraph (I) of subdivision (c) of Section 65583 where the community includes in its housing element a program committing the local government to provide units in that income category within the city or county that will be made available through the provision of committed assistance during the planning period covered by the element to low- and very low income households at affordable housing costs or affordable rents, as defined in Sections 50052.5 and 50053 of the Health and Safety Code, and which meet the requirements of paragraph (2). Except as otherwise provided in this subdivision, the community may substitute one dwelling unit for one dwelling unit site in the applicable income category. The program shall do all of the following: /! 1 Attachment A (A) Identify the specific, existing sources of committed assistance and dedicate a specific portion of the funds from those sources to the provision of housing pursuant to this subdivision. (B) Indicate the number of units that will be provided to both low- and very low income households and demonstrate that the amount of dedicated funds is sufficient to develop the units at affordable housing costs or affordable rents. (C) Demonstrate that the units meet the requirements of paragraph (2). (2) Only units that comply with subparagraph (A), (B), or (C) qualify for inclusion in the housing element program described in paragraph (I), as follows: (A) Units that are to be substantially rehabilitated with committed assistance from the city or county and constitute a net increase in the community's stock of housing affordable to low- and very low income households. For purposes ofthi5 subparagraph, a unit is not eligible to be "substantially rehabilitated'! unless all of the following requirements are met: (i) At the time the unit is identified for substantial rehahilitation, (I) the local government has determined that the unit is at imminent risk of loss to the housing stock, (n) the local government has committed to provide relocation assistance pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title I to any occupants temporarily or permanently displaced by the rehabilitation or code enforcement activity, or the relocation is otherwise provided prior to displacement either as a condition of receivership, or provided by the property owner or the local government pursuant to Aliicle 2.5 (commencing with Section 17975) of Chapter 5 of Part 1.5 of Division 13 of the Health and Safety Code, ar as otherwise provided by local ordinance; provided the assistance includes not less than the equivalent of four months' rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260, (Ill) the local government requires that any displaced occupants will have tile right to reoccupy the rehabilitated units, and (IV) tbe unit has been found by the local government or a court to be unfit for human habitation due to the existence of at least four violations of the conditions listed in subdivisions (a) to (g), inclusive, of Section 17995.3 of the Health and Safety Code. (ii) The rehabilitated unit will have long-term affordability covenants and restrictions that require the unit to be available to, and occupied by, persons or families of low- or very low income at affordable housing costs for at least 20 years or the time period required by any applicable federal or state law or regulation. (iii) Prior to initial occupancy after rehabilitation, the local code enforcement agency shall issue a certificate of occupancy indicating compliance with all applicable state and local building code and health and safety code requirements. (B) Units that are located in a multifamily rental housing complex of four or more units, are converted with committed assistance from the city or county from nonaffordable to affordable by acquisition of the unit or the purchase of afford ability covenants and restrictions for the unit, are not acquired by eminent domain, and constitute a net increase in the communitis stock of housing affordable to low- and very low income households. For purposes of this subparagraph, a unit is not converted by acquisition or the purchase of //.9 Attachment A affordability covenants unless all of the following occur: (i) The unit is made available at a cost affordable to low- or very low income households. (ii) At the time the unit is identified for acquisition, the unit is not available at an affordable honsing cost to either of the following: . (I) Low-income households, if the unit will be made affordable to low-income households. (II) Very low income households, ifthe unit will be made affordable to very Jow income households. (hi) At the time the unit is identified for acquisition the unit is not occupied by low- or very low income households or if the acquired unit is occupied, the local government has committed to provide relo'cation assistance prior to displacement, if any, pursuant to Chapter 16 (commencing with Section 7260) of Division 7 of Title 1 to any occupants displaced by the conversion, or the relocation is otherwise provided prior to displacement; provided the assistance includes not less than the equivalent of four months rent and moving expenses and comparable replacement housing consistent with the moving expenses and comparable replacement housing required pursuant to Section 7260. (iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. (v) The unit has 10ng-tenTI affordability covenants and restrictions that require the unit to be affordable to persons of low- or very low income for not less than 55 years. (C) Units that will be preserved at affordable housing costs to persons or families of low- or very low incomes with committed assistance from the city or county by acquisition oftlle unit or the purchase of affordability covenants for the unit. For purposes of this subparagraph, a unit shall not be deemed preserved unless all of the following occur: (i) The unit has long-term affordability covenants and restrictions that require the unit to be affordable to and reserved for occupancy by persons of the same or lower income group as the current occupants for a period of at least 40 years. (ii) The unit is multifamily rental housing that receives govenlmental assistance under any of the following state and federal programs: Section 221(d)(3) ofthe National Housing Act (12 U.S.c. Sec. 17151(d)(3) and (5)); Section 236 of the National Housing Act (12 D.S.C. Sec. 1715z-1); Section 202 of the Housing Act of 1959 (12 U.S.C. Sec. 1701q); forrent supplement assistance under Section 101 of the Housing and Urban Development Act of 1965, as amended (12 U.S.C. Sec. 1701 s); under Section 515 ofthe Housing Act of 1949, as amended (42 U.S.C. Sec. 1485); and any new construction, substantial rehabilitation, moderate rehabilitation, property disposition, and loan management set-aside programs, or any other program providing project-based assistance, under Section 8 of the United States Housing Act of1937, as amended (42 U.S.c. Sec. 1437f);any state and local multifamily revenue bond programs; local redevelopment programs; the federal Community Development Block Grant Program; and other local housing assistance programs or units that were used to qnalify for a density bonus pursuant to Section 65916. (iii) The city or county finds, after a public hearing, that the unit is eligible, and is reasonably expected, to change from housing affordable to low- and very low income households to any other use / / /0 Attachment A during the next five years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. (iv) The unit is in decent, safe, and sanitary condition at the time of occupancy. (v) At the time the unit is identified for preservation it is available at affordable cost to persons or families of low- or very low income. (3) This subdivision does not apply to any city or county that, during the current or immediately prior planning period, as defined by Section 65588, has not met any of its share of the regional need for affordable housing, as defined in Section 65584, for low- and very low income households. A city or county shall document for any such housing unit that a building permit has been issued and all development and permit fees have been paid or the unit is eligible to be lawfully occupied. (4) For purposes of this subdivision, "committed assistance" means that the city or county enters into a legally enforceable agreement during the first two years of the housing element planning period that obligates sufficient available funds to provide the assistance necessary to make the identified units affordable and that requires that the units be made available for occupancy within two years of the execution of the agreement. "Committed assistance,j does not include tenant-based rental assistance. (5) For purposes of this subdivision, Tlnet increasell includes only housing units provided committed assistance pursuant to subparagraph (A) or (B) of paragraph (2) in the current planning period, as defined in Section 65588, that were not provided committed assistance in the immediately prior planning period. (6) For purposes of this subdivision, "the time the unit is identifiedll means the earliest time when any city or county agent, acting on behalf of a public entity, has proposed in writing or has proposed orally or in writing to the propeliy owner, that the unit be considered for substantial rehabilitation, acquisition, or preservation. (7) On July I of the third year of the planning period, as defined by Section 65588, in the report required pursuant to Section 65400, each city or county that has included in its housing element a program to provide units pursuant to subparagraph (A), (B), or (e) of paragraph (2) shall report in writing to the legislative body, and to the department within 30 days of making its report to the legislative body, on its progress in providing units pursuant to this subdivision. The report shall identify the specific units for which committed assistance has been provided or which have been made available to low- and very low income households, and it shall adequately document how each unit complies with this subdivision. If, by July I of the third year of the plmming period, the city or county has not entered into an enforceable agreement of committed assistance for all units specified in the programs adopted pursuant to subparagraph (A), (B), or (C) of paragraph (2), the city or county shall, not later than July 1 of the fomih year of the planning period, adopt an amended housing element in accordance with Section 65585, identifying additional adequate sites pursuant to paragraph (I) of subdivision (c) of Section 65583 sufficient to accommodate the number of units for which committed assistance was not provided. If a city or county does not amend its housing element to identify adequate sites to address any shortfall, or fails to complete the / ; ,\ I i/.. / / Attachment A rehabilitation, acquisition, purchase of affordability covenants,. or the preservation of any housing unit within two years after committed assistance was provided to that unit, it shall be prohibited from identifying units pursuant to subparagraph (A), (B), or (e) of paragraph (2) in the housing element that it adopts for the next planning period, as defined in Section 65588, above the number of units actually provided or preserved due to committed assistance. 11-/2 Attachment B Chula Vista Municipal Code 19.58.022 Accessory second dwelling units. Accessory second dwelling units are allowed in certain areas as a potential source of affordable housing and shall not be considered in any calculation of allowable density for the lot upon which they are located, and shall also be deemed consistent with the general plan and zoning designation of the lot as provided. Except as provided in subsection (C)(6) of this section, accessory second dwelling units, whether attached or detached, shall be considered additions to the existing house for the purposes of evaluating existing nonconforming structures or uses for compliance with Chapter 19.64 CVMC. Required corrections of any nonconfoffiling situations shall occur concurrently with the addition of the new unit. Accessory second dwelling units shall be subject to the following development standards: A. Accessory second dwelling units shall be limited to a maximum gross floor area of up to 850 square feet, or shall have a gross floor area less than the primary single-family dwelling, whichever is less, and may be attached or detached above or behind a main or primary single-family dwelling or accessory structure on the same lot. B. The accessory second dwelling unit must accompany a main or primary dwelling unit on an A, R-E, R-I or P-C zoned single-family lot. Accessory second dwelling units are precluded from R-2 and R-3 zoned lots. C. The accessory second dwelling unit shall conform to the underlying zoning and land use development standards of the A, R-E, R-l or P-C zoned lot, such as height, bulk, and area regulations, with the following modifications or exceptions: I. A detached accessory second dwelling unit shall be located a minimum of six feet from a main or primary single-family dwelling unit. 2. An accessory second dwelling unit is subj ect to the same height limitation as the main or primary dwelling unit. 3. A single-story accessory second dwelling unit may be located within a required rear or interior side yard area, but not closer than five feet to any property line. In addition, the unit and all other accessory structures shall not occupy more than 30 percent of the required rear yard. Second-story accessory second dwelling units shall observe the setbacks of the primary structure unless the zoning administrator approves a reduction to not less than five feet through the approval of a conditional use permit as authorized by CVMC 19.14.030. 4. A lot shall be a minimum 5,000 square feet in size to add an accessory second dwelling unit. Existing lots less than 5,000 square feet may develop an accessory second dwelling unit only if it can be incorporated within the existing permitted building envelope. 5. The lot coverage including an accessory second dwelling unit shall not exceed 50 percent. Lots in planned communities that are already / /- 13 permitted to exceed 50 percent in lot coverage by their sectional plaJU1ing area general development plan may include an accessory second unit if the accessory second unit can be incorporated within the existing permitted lot coverage. 6. Accessory second dwelling units shall be provided with one standard sized parking space for studio, one-bedroom, or two-bedroom units; or two standard sized parking spaces for units with three or more bedrooms. Said parking is in addition to the parking requirements for the main dwelling as specified in CVMC 19.62.170. The director ofplaJU1ing and building may waive the requirement to comply with CVMC 19.62.170 if doing so would be physically infeasible, or materially impair the neighborhood character or public interest. The off-street parking space(s) shall be on the same lot as the second dwelling unit, shall be screened from view from public streets, aJld shall not be located within a required front or exterior side yard setback. Talldem parking is not allowed to satisfy required parking for all accessory second dwelling unit. Lots having accessory second dwelling units must take access from a public street, alley or a recorded access easement. 7. The accessory second dwelling unit shall be served by the same water and sewer service lateral cOlU1ections that serve the main or primary dwelling unit. A separate electric meter alld address may be provided for the accessory second dwelling unit. 8. Accessory second dwellings shall be designed to be consistent in architectural style with the main house alld compatible with surrounding residential properties. The design review committee shall review disputes about design aJld/or compatibility issues. 9. Any accessory second dwelling unit that is attached to all existing residential structure shall meet the stalldards of this section, and all applicable development staJldards of the existing zone. (Ord. 2957 S I, 2004; Ord. 2951 S 1,2004; Ord. 2897 S 6, 2003). II-PI 19.22.170 Building additions and remodeling. A. Additions, Greater than 50 Percent. If an addition to a legal existing dwelling unit constitutes an increase of 50 percent or more of the floor area of the original building's square footage, the existing building, including the addition, shall comply with current zoning code standards, except for the current building setback standards which would only apply to the addition. B. Additions, Less than 50 Percent. If an addition to a legal existing dwelling unit constitutes less than 50 percent of the floor area of the original building's square footage, the existing building may be expanded or altered along the existing horizontal side yard building plane; provided, all of the following criteria are met: 1. The proposed addition is located on a lot that is 60 feet wide or greater at the front setback line; and 2. The proposed addition maintains a minimum five-foot setback from the side property line; and 3. There is a minimwn la-foot separation between the horizontal building plane of the existing dwelling unit and the addition and the horizontal building plane of an existing residence on an adjacent lot; and 4. There is a minimwn six-foot separation between the edge of the proposed addition and any accessory building on-site or on an adjacent property. C. Verification of Square Footage. 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Ig i);tj~E.E U.'::< >. t::i ~ '3 ;:l U .l-<-oOo~v:l .E ~ 8 ::; ~..~ ~ ~ ~ = e ..... .- .;:: c s:::.- :; q 8 ~'a.~ ~ ~ E",,,,O~oo;> #iJ (f)/{/I()Ald---~~~!Y~1./~ (... .Jt~&'1"~r,4)~ tJJ f'tUc?;z -r-'v~ ~/z.dJy./ q~'2.0-C6 1{eM 11 I I Petition July 2, 2005 Mayor and Council of City of ChuIa Vista, California Petition of Homeowners on Spruce and Melrose Streets Regarding: The building of a second house on 325 Spruce Street, Plan check number DRO 41624 We the residents and property owners of Spruce and Melrose Street do hereby petition the above for relief of Land Use Permit issued October 29,2004, for a second unit of 840 square foot at 325 Spruce Street, ChuIa Vista, California, 91911. This construction is upon a sandstone canyon, above or near our homes. We believe it doesn't adhere to all the stipulations of ordinance #2957: the certification from a California registered Geotechnical Engineer, stating site meets grading and soil requirements and other stipulations re: access ~ street and loss of property valuations to our neighborhood, street parking and specifically the sitei:t on solid ground Sec. 65852.2. Address Phone # -- .: 1417, f>%., --€'( 15.7-3'0 - \ .." 'Petition ....... ~",y 2, 2005 Mayor and Council of City of Chula Vista, California , I Petition of Homeowners on Spruce and Melrose Streets Regarding: The building of a second house on 325 Spruce Street, Plan check number DRO 41624 We the residents and property owners of Spruce and Melrose Street do hereby petition the above for relief of Land Use Permit issued October 29,2004, for a second unit of 840 square foot at 325 Spruce Street, Chula Vis1a, Califomi.a, 91911. This construction is upon a ""Mstnne canyon, above or near our homes. We believe it doesn't adhere to all the stipulations of ordinance #2957: the certification from a California registered Geotechnical Engineer, stating site m.ee1s grading and soil requirements and other stipulations re: access from street and loss of property valuations to our neigbboIhood, street parking and specifically the site is on solid ground. Sec. 65852.2. '(q/45'~ P IU,-Jar::J t.n Jk ~, "'1'{' r I 17. J2Jh aIM, ,.s~1I6t.- I I Addrsss _ Phone # I ( 19 \ I 20. I , 21. c::- 1-:,07. \ , 22. Gus t.,o(-i?- , I 23.~ Vs':;1A L) foP"C- t\ 24.~./. _ \ 1;5. f?'1I "-J)., rf'526. ~ 1'2../.;- ~~/ 27.~~\\~:.~.. ~.- 28. '-';-l1l-I fJ{DY"~ ----;::-T J ' FIM.C4/<J'Ta" c:.T 29. fPA1JCoiS (' "j)~taMH MItUP-/~ 30. Lew m OlJ.tl It- ;1.7'" 31. ~"h e/LhC"l HI Tt f!c..,c. ~ 3/#n"@LA ::$A~ . ~:f 3lf Page2 ~3 fJ",- t IL)EA>I ~ d:t..:l'1 . f'....h 'J4: ~~? 35. 36. U-,..n ~ ("1'''- (/1 b I __ ~ ;I' 37./11?~c1 f h E"H i 11'1_- 38. 3 Z. r ~fr () Ce 'S.T (.. U. C' 39l),~ D. 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