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HomeMy WebLinkAboutAgenda Packet 1999/01/19 January 14, 1999 SUBJECT: The Honorable Mayor and City Council _ \' \ Do"'d D, ,",wlanru., J", City M"nng~~.~ ~\ City Council Meeting of January 19, 1999 TO: FROM: This will transmit the agenda and related materials for the regular City Council meeting of Tuesday, January 19, 1999. Comments regarding the Written Communications are as follows: 5a. This is a letter from the City Attorney stating that to the best of his knowledge from observance of actions taken in Closed Session on 1/12/99, there were no actions taken which are required under the Brown Act to be reported. IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED. DDR:mab Tuesday. January 19. 1999 6:00 p.m. '" declare under penalty of perjury that I am employed by the City of Chula Vista in the Office of the City Clerk and that I posted this Agenda/Notice on the Bulietin Board at the Public ervices Building e 0~on Council Chamhers DATED:. ) /, SIGNED ~ ' ..Puhlic ServICes Building R""ular MeetinQ nf the Citv nf Chula Vista Citv Cnuncil CALL TO ORDER I, ROLL CALL: Councilmemhers Davis_. Moot_. Padilla_. Salas_. and Mayor Horton_, 2. PLEDGE OF ALLEGIANCE TO THE FLAG. MOMENT OF SILENCE 3. APPROVAL OF MINUTES: Novemher 24, 1998. 4. SPECIAL ORDERS OF THE DA V: None suhmitteJ. CONSENT CALENDAR (Itons 5 through 18) 171e staff recommenl/ations regarding the following items listed under the Consent Calendar will be enacted by the Council by one motion without discussion unless a Counci/member, a member of the public, or City stalf requests that the item he pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Fonl1" m'ailahle in the lohby and suhmit it to the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be discussed after Board and Commission Recommendations and Action Items. Items pulled hy the public will he the first items of business. 5. WRITTEN COMMUNICATIONS: A, Letter from the City Attorney stating that to the hL'\t nf hi."i knowledge from ohscrvance of actinns taken in Closed Ses,"iinn on January 12. 1999. that there were nu actions taken whil'_h are required under the Brown Act to he reported. It is rccommcnueJ that the teller he received and filed. 6.A. RESOLUTION 19334 AMENDING THE FISCAL YEAR 1998/99 BUDGET AND APPROPRIATING $290,205 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR RELATED EXPENSES BASED ON UNANTICIPATED REVENUE FROM RECREATION FEES AND THE UNAPPROPRIATED FUND BALANCE IN THE RECREATION TRUST FUND _ In June 1998, the City Manager adviseu Coullcil, Juring huugd consideration. that the Recreation Trust Fund utilized hy the Lihrary amI Recreation Department would he dissolved and all appropriate expenditures and revenue would he converted to the Lihrary and Recreation Department General Fund hudget. Any residual halance in the Trust Fund woukl he transfe'Hed to the' General Fund. Staff recommends Council approve the resolutioll and pla.:e the ordillanL~e on first reading. (Lihmry and Recreation Director) 4/Sth's vote required. B. ORDINANCE 2771 REPEALING CHAPTER 3.22 OF THE MUNICIPAL CODE AUTHORIZING THE RECREATION TRUST FUND (firsl readinQ) Agenda -2- January 19, 1999 7. RESOLUTION 19335 ACCEPTING AN EXTENSION OF THE CRITICAL HOURS GRANT FROM THE SOUTH BAY YMCA AND THE COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTH SERVICES, FOR FISCAL YEAR 1998/99, FOR DROP-IN RECREATIONAL ACTIVITIES AT FOUR SWEETW A TER UNION HIGH SCHOOL DISTRICT MIDDLE SCHOOL SITES; AMENDING THE FISCAL YEAR 1998/99 BUDGET AND APPROPRIATING $13,000 TO THE LIBRARY ANDRECREA TlON DEPARTMENT BUDGET FROM UNANTlCIPA TED GRANT REVENUE FOR RELATED EXPENSES; AND APPROVING THE ADDITION OF 0.42 FULL TIME EQUIV ALENT (FTE) RECREATION LEADER AND 0.14 FTE RECREATION SPECIALIST HOURLY POSITIONS TO SUPPORT THE PROGRAM - The YMCA OHice of Education and Prevention Services has notified the City that the County of San Diego Health amI Human Services Agency extended its agreement with the YMCA for the provision of "Critical Hours" afterschool programming. The County has provided $50,000 1(" programs in Chula Vista 1(" tiscal year 1998/99. and the YMCA has subsequently extended the agreement with the City t(:lf continued provision of programs and services at a level of $13.000. Staff recommends approval of the resolution. (Lihrary and Recreation Director) 4/5Ih's vole required. 8. RESOLUTION 19336 AMENDING THE FISCAL YEAR 1998/99 BUDGET, TRANSFERRING $117,028 FROM SUPPLIES AND SERVICES TO EMPLOYEE SERVICES; AND APPROVING AN ADDITIONAL 3.00 FTE SCHOOL SITE COORDINATOR POSITIONS (UNCLASSIFIED, PRO- RATED BENEFITTED), AND 6.70 FTE YOUTH LEADER POSITIONS (HOURLY WAGES) FOR THE "STRETCH" PROGRAI\"1 - On Octoher 20, 1998, Council approveJ a Memorandum of Understanding (MOU) with the Chula Vista Elementary School District regarding expanded afterschool programming t()r children. The MOU, and its proposoo hudget, pooled City and District funds, and adopted the acronym "STRETCH" - Safe Time for Recreation, Enrichment. amI Tutoring t()r Children. The intent of this report is to request approval for the addition of personnel to the program. for which funds have alreally heen appropriakd and huugetell. Staff recommends approval of the resolution. (Lihrary and Recreation Director) 9. RESOLUTION 19331 ACCEPTING BIDS, AWARDING CONTRACT FOR "SWEETWATER RIVER DRAINAGE CHANNEL SILT REMOVAL IN TilE COUNTY OF SAN DIEGO AND THE CITY OF CHlJLA VISTA (OR-IJ2)" - Sealed informal hids were received DL'cemher 4. 1998. The w{)f"k to he done consists of removal and disposal of silt within the dlanne,l in ordt;',r for the channel 10 drain. Staff recommends approval of the resolution. (Director of Puhlic Works) Cuntinued from the meetin~ of January 12, 1999. 10. RESOLUTION 19337 APPROVING THE SUBMITT AL OF $298,500 GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A REGIONAL HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND EDUCATION PROGRAM, AND AUTHORIZING THE CITY MANAGER TO SUBMIT TliE GRANT APPLICATION - The City has administered the South Bay Regional Used Oil grant for Chula Vista. Coronado. Imperial Beach, and National City for the p<lst four years. This grant application would allow our jurisdictions to expand that agreement to include the puhlic euuGttion and collection of all household t()XiL~ waste. The. regional approach to hazardous waste, reduction. recycling. disposal and puhlic euucatio[l represent a cost effective approach to providing a very expensive service anu a logical arproach to protecting the common waler shed ollr cities share. Staff recolllmends aprroval of the resolution. (Conservation Coordinator) II. RESOLUTION 19338 AMENDING THE FISCAL YEAR 1998/99 BUDGET FOR HUMAN RESOURCES TO INCLUDE FUNDS FOR CONSULTING SERVICES FOR MANAGEMENT DEVELOPMENT AND APPROPRIATING FUNDS THEREFOR FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND - In Septemher of 1998. Council approved creation ofa Training Division within the Human Resources Department. One of the first pn~jects undertaken was integration of the Covey leadership principles in management training. To date. all Executive, Managers and some Senior and Mid-Managers have completed the intensive training L~oUrse. While this training provides an excellent hase on which to huild a management team, more individual tilCUS is needed. Staff rel~ol11mends approval of the rt.~sollltion. (Director of l-lul11an Resources) 4/5th',..; vote rt'411i.'ed. Agenda -'- January 19, 1999 12. RESOLUTION 19339 APPROVING SPECIAL SALARY ADJUSTMENTS FOR CERTAIN CLASSIFICATIONS IN THE CONFIDENTIAL UNIT - Appropriate internal relationships hetween classifications within a job series is the hase upon which a sound classification plan is developed. In the case of the secretarial series, compaction has resulted in inequities that should he addressed if the integrity of the series is to he maintained. Staff recommends approval of the resolution. (Director of Human Resources) 13. RESOLUTION 19340 APPROVING AN INTERIM DESILTATION AND GRADING AGREEMENT (POGGI CANYON) WITH OTAY PROJECT, LLC AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT - On Novemher 19, 1996, hy Resolution Numher 18398, the City approved the Tentative Map for Tract Numher 96-04 for Village One ami a portion of Village Five of the Otay Ranch Project SPA One. Tentative Map conditions require that, prior to issuance of a grading permit for any land within the Poggi Canyon Basin, the developer shall comply with certain conditions concerning the proposed grading and removal of any siltation within the Poggi Canyon Basin. The Otay Ranch Company is curnmtly processing grading plans for land located within the Poggi Canyon hasin and issuance of the grading permit is anticipateJ shortly. Staff recommend."i this item he cnntinued to the meetinl! flf .lanllar. 26, 1999. (Director of Puhlic Works) 14.A. RESOLUTION 19341 APPROVING A FINAL MAP OF TRACT NUMBER 90-07, SUN BOW II, PHASE IB, UNITS 3,4 AND 16, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE CITY ALL OPEN SPACE LOTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT - On May 23, 1990, Council conditionally approved the Tentative Suhdivision Map for Tract 90-07, Sunhow II. On that tentative map, unit houndaries were delineakJ. On July 20, 1993, Council affirmed a Planning Commission resolution to approve a (me-year Tentative Suhdivision Map eXknsion, which incluJed nwised conditions and new conditions accepted hy the developer. Staff recommends approval of the, resolutions. (Director of Puhlic Works) B. RESOLUTION 19342 APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 90-07, SIINBOW II, UNITES 3, 4 AND 16 AND AUTHORIZING THE MA YOR TO EXECUTE SAID AGREEMENT 15. RESOLUTION 19343 APPROPRIATING SCOOT FUNDS FOR CROSS-GUTTER INST ALLA TION AT SOUTHWESTERN COLLEGE DRIVEWAYS IN TIlE CITY (CIP PROJECT NUMBER STL-249) - The two main entrances to Southwestern College at the intersections of Elmhurst Street/Otay Lakes Road and Gotham Street/Otay Lakes Road provide City transit aCCess to and from the school. The t',xisting concrete aprons within the puhlic right-of~way at these locations are severely deteriorakd and hroken and in need of replacement. The, replacement work l'onsists of the sawcutting, removal and replacement of the aprons with nine inches of reinforced concrete on six inch Class II Aggregate Base on compacteJ native suhgrade. Staff recommends approval of Ihe resolution awarding the contract to Lee P. Shellherg, d.h.a. New Century Construction of San Diego. California. (Director of Puhlic Works) 4/5th's vote required. 16. RESOLUTION 19344 ACCEPTING BIDS RECEIVED AND AUTHORIZING THE MCMILLIN COMPANIES TO CONSTRUCT LA MEDIA ROAD BETWEEN TELEGRAPH CANYON ROAD AND PALOMAR STREET AND RECEIVE CREDIT OR REIMBIIRSEMENT AGAINST TRANSPORTATION DEVELOPMENT IMPACT FEES - The City Engineer received a letter dated Decemher 8, 1998, from McMillin Land Development requesting authorization and credit for construction of roadway facilities iuentifieu in the City's Transportation Development Impact Fee Capital Improvement Pn~jects list. The improvement plans have heen suhmitted and approved hy the City Engineer as of August 26, 1998. Staff recommends approval of the resolution. (Director of Puhtil' Works) Agenda ~4~ January 19, 1999 17. RESOLUTION 19345 APPROVING AGREEMENT WITH OTAY WATER DISTRICT REGARDING COST SHARING FOR A PAVING PROJECT ON OT A Y LAKES ROAD AND APPROPRIATING FUNDS THEREFOR ~ The Otay Water District is proposing to install a 16 inch diameter recycled water main along Otay Lakes Road from EastLake Parkway to Medical Center Drive on or before March, 1999. The easterly 1,900 linear feet of the pn~iect will he jor.;ated on a portion of Otay Lakes Roall that neells maintenanr.;e and is targeted for a I 1/2 inch thick asphalt concrete overlay in fiscal year 1999/2000. Staff recommends approval of the resolution. (Diredor of Puhlic Works) 4/Sth's vote required. 18. RESOLUTION 19346 APPROVING AN AGREEMENT WITH MCGILL. MARTIN, SELF, INC. FOR PROFESSIONAL ENGINEERING SERVICES, PROJECT MANAGEMENT, PLANS REVIEW AND FINANCIAL SERVICES FOR THE CONSTRUCTION OF OLYMPIC PARKWAY AND EXTENDING A TEMPORARY EXPERT PROFESSIONAL'S HIRING ~ With a total construction budget close to $100 million, Olympic Parkway is one of the largest transportation infrastructure facilities in the City's history. Olympic Parkway is a six-lane prime arterial with landscape median approximatdy 8 miles long extending from 1-805 to the Olympic Training Center. The westerly enu of Olympic Parkway from 1-805 to Brandywine Avenue will he constructed hy Caltrans along the 1-805 interchange improvements. The e.asterly end of the roadway from Hunte Parkway to the Olympic Training Center is under construction hy EastLake Company. Staff recommends <-Ipproval of the resolution. (Diredor of Puhlic Works) * * * EN/) OF CONSENf C/\I,/~'NIHR * * * ADJOURNMENT TO REGULAR AND/OR JOINT MEETING OF THE REDEVELOPMENT AGENCY ORAL COMMUNICATIONS This is an opportunity for the generaL public 10 orltlress the City Council Oil any subject mailer within the Council's jurisdiction that is not an item on this agent/a for public discussion. (Slate law, howel/er, generally prohibits the City Council from taking actioll on any issues 1101 ifle/lIl/et! on the posted agenda.) If you wish to address the Council on such a subject, please complete the "Request to Speak Vllder Oral Commullicatiolls Fonll" available ill the lobby alld submit it to the City Clerk prior to the meetillg. 17lOse who wish to speak, please give your name and address for record purposes and follOlf up actioll. PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Requestta Speak Fontl" available in the lobby alld submit it to the City Clerk prior to the meeting. 19. PUBLIC HEARING CONDITIONAL USE PERMIT PCC~99~11; PROPOSAL TO INSTALL, OPERATE AND MAINTAIN A 6()~FOOT IIIGH MONOPOLE, WITHIN A PALM TREE DESIGN, HOUSING 12 PANEL ANTENNAS AND ENCLOSURE FOR 175 SQUARE FOOT EQUIPMENT BlllLDING - NEXTEL COMMUNICATIONS - Nextel Coml1lunications is requesting permission to construct and operate an unmanned cellular communications facility at 428 Broadway composeu of a 175 square ti]ot equipment huilding, and a 60-foot "l11onopalm" supporting 12 uirectional (pand) antennas located in the courtyard within the huilding near the north property line of the site. A 1110nopall11 is a wood pole with the antenna support structure and plastic pall11 fronds mounted at the top of the pole. Staff recommends approval of the resolution. (Director of Planning ami Building) RESOLUTION 19347 GRANTING A CONDITIONAL USE PERMIT, PCC~99~II, TO NEXTEL COMMUNICATIONS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 428 BROADWAY Agenda -5- January 19. 1999 20. PUBLIC HEARING PCM-95-0IB - AMENDING THE OTAY RANCH SPA ONE PUBLIC FACILITIES FINANCING PLAN TO EXPEDITE OL YMPIC PARKWAY CONSTRUCTION _ This is a proposal of amend the Otay Ranch SPA One Puhlic Facilities Financing Play, changing the implementation threshold f'lf Paseo Ranchero and Olympic Parkway. Staff recommends the Duhlic hearin!! he continued to the meetin" of Fehruarv 16. 1999. (Director of Planning and Building) BOARD AND COMMISSION RECOMMENDATIONS This is the time the City Council will consiller items which have been forwarded to them for consilleration by one of the City's Boards, Commissions, and/or Committees. None sllhmitted. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discllssions and deliberations by the Council, staff, or members of the general public. The items will be considered individually by the Council and staf/recommendations may in certain cases be presented in the alternath'e. Those 1t'ho wish to speak, please fiLL out a "Request to Speak" fonll aIlai/able in the lobby and submit it to the City Clerk prior to the meeting. 21. RESOLUTION 19348 APPROVING IN-CONCEPT THE CHANGES RESULTING IN A FUTURE COST INCREASE FOR THE CONSTRUCTION OF FIRE STATION NUMBER 4 AND THE FIRE TRAINING CLASSROOM; APPROVING THE SECOND AMENDMENT TO THE CONTRACTUAL AGREEMENT WITH .JEFF KATZ ARCHITECTURE FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF FIRE STATION NUMBER 4 AND THE FIRE TRAINING CLASSROOM; AND APPROPRIATING FUNDS THEREFOR - Council approved CI P Pn~iects PS-120 and PS-127 to provide t()f the construction of the new Fire Station NlImher 4 and the Fire Training Classroom at the Fire Training Tower site in the Rancho del Rey development. The finn of Jeff Katz Architecture has heen hired to provide the architectural services for the fire station amI the training classroom. SlIhselluent review of the pT<~ject's initial design hy the City's Design Review Committee has necessitated changes to the pn~iect which will increase the construction costs and are heyond the scope of the clIrrent agreement with the architect. In addition, changes over the past year in the cost of materials and lahor, and further refinement of the huilding design, also contrihute to increased pn~iect cost estimates. Therd()re, it is necessary to conceptually approve the pn~iect's revised scope and estimated hudgd, and amend the Architect's agreement to complete the necessary work. Staff recommends approval of the resolution. (FIre Chief and Direc(or of Planning and Building) 4/5th's vote required, Continucd from thc m~tinJ.: of (ktoher U. 1998. 22.A. RESOLUTION 19280 APPROVING THE AMENDED COUNCIL POLICY NUMBER 505-02 (EARLY L1ENING ASSESSMENT PROCEDURE AND ORIGINATION CHARGE POLICY) _ Assessment District 97-2 (AD 97-2) will provide puhlic funding t()r the acquisition of puhlic improvements within Otay Ranch Village One. The district was formed under the Municipal Improvement Act of 1913. Current Council Policy Numher 505-2 requires that a pn~iect he fully L'omplded and accepted hy the City prior to acquisition. The amended policy will allow t()f the acquisition of complete discrek, components of a pf(~ject. Said amended policy is incorporated in the proposed amendmen( to the Acquisition/Financing Agreement which estahlishes the procedure f(lI' acquiring the improvements from the developer. Stafl' recommends this item he rnntinued indetiniteh'. (Director of Puhlic Works) Continued from the meet;n" or .Iam",rv 5. 1999. B. RESOLUTION 19281 APPROVING THE ACQUISITlON/FINANCING AGREEMENT FOR (OT A Y RANCH, VILLAGE ONE) C. RESOLUTION 19282 AlJTHORIZING AND PROVIDING FOR TilE ISSUANCE OF LIMITED OBLIGATION IMPROVEMENT BONDS. APPROVING THE FORM OF BOND INDENTURE. BOND PURCHASE CONTRACT AND OTHER DOCUMENTS AND AUTHORIZING CERTAIN ACTIONS IN CONNECTION THEREWITH FORM OF THE SECOND AMENDED ASSESSMENT DISTRICT NUMBER 97-02 Agenda -6- January 19. 1999 ITEMS PULLE[) FROM THE CONSENT CALENDAR This is the time the City Council will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the pllblic will be considered prior to those plllled by COllne/lmembers. OTHER BUSINESS 23. CITY MANAGER'S REPORTlSl A. Scheduling of meetings. 24. MA YOR'S REPORTlS) A. Ratification of appointments 10 Ihe P~rforming Arls Task Force - Bonnie Johnston and William Virchis. 25. COUNCIL COMMENTS A[).JOllRNMENT The meeting will aJjourn 10 (a closed session and thence to) the regular City Councilmt>-eting on January 26, 1999 at 6:00 p.m. in the City Council Chamhers. A joint meeting of the City CounciI/Rt>-Jt>-vdopment Agt:ncy will ht: held immt:Jiately following the City Council meeting. ~{f? :-' J1u : ""- - ~ ~5~~ CllY OF CHUIA VISfA OFFICE OF THE CITY ATTORNEY Date: January 19, 1999 To: The Honorable Mayor and City COu~~~ ~ John M. Kaheny, City Attorney ~/~ Report Regarding Actions Taken in Closed Session for the Meeting of 1/12/99 From: Re: The City Council met in Closed Session on 1/12/99 to discuss: Conference with Labor Negotiator Pursuant to Government Code Section 54957.6: Confidential employees. The Redevelopment Agency met in Closed Session on 1/12/99 to discuss: Negotiating Parties: Council Conference with Real Property Negotiator - Government Code Section 54956.8: Property: 340-368 Bay Boulevard (5 parcels totaling 3.65 acres) City/Redevelopment Agency Salomone) , San Diego Unified District; B. F. Goodrich Purchase/lease terms and conditions Pursuant to {Chris Port Under Negotiation: The city Attorney hereby reports to the best of his knowledge from observance of actions taken in the Closed Session in which the City Attorney participated, that there were no reportable actions which are required under the Brown Act to be reported. JMK: 19k H,\home\lorraine\lt\clossess.no Sff~/ 276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691-5037. FAX (619) 409-5823 -'r!; F',..t-Con"ume, Recycl"d Paper COUNCIL AGENDA STATEMENT Item: Meeting Date: 01/19/99 ? ITEM TITLE: A. Resolution / '9 J ;J ( Amending the FY 98/99 budget and appropriating $290,205 to the Library and Recreation Department budget for related expenses based on unanticipated revenue from recreation fees and the unappropriated fund balance in the Recreation Trust Fund B. Ordinance ). 7 7/ Repealing Chapter 3.22 of the Chula Vista Municipal Code authorizing the RecreationTrust Fund Library and Recreation Directopf'ffl Finance Director 'y /.\h~ CitYManagerv~~ ZJ~i\ (415ths Vote: Yes X No _l SUBMITTED BY: REVIEWED BY: In June 1998, the City Manager advised the Council, during budget consideration, that the Recreation Trust Fund (Fund 405); utilized by the Library and Recreation Department, would be dissolved and all appropriate expenditures and revenue would be converted to the Library and Recreation Department General Fund budget. This action accomplishes these goals. STAFF RECOMMENDATION: That Council approve: A. the Resolution amending the FY 98/99 budget and appropriating $290,205 to the Library and Recreation Department budget for related expenses based on unanticipated revenue from recreation fees and the unappropriated fund balance in the Recreation Trust Fund; and B. the Ordinance repealing Chapter 3.22 of the Chula Vista Municipal Code authorizing the Recreation Trust Fund. BOARDS/COMMISSIONS RECOMMENDATION: N/A DISCUSSION: The former Parks and Recreation Department had a system of trust fund accounts which were established in 1975 when the Adult Advisory Committee was disbanded. The Adult Advisory Committee acted as a quasi-non-profit corporation and managed the City's recreation dasses, induding all fee and monetary transactions, which were deposited into a private checking account. The Recreation Trust Fund system was approved by the City Council in 1975, and authorized in Municipal Code Section 3.22.010, which designates the procedure for Trustee designated disposition of trust funds. The Director of Parks and Recreation had the authority to budget and expend funds from the Recreation Trust Fund accounts. The recreation trust fund system has evolved to over 100 accounts. There are accounts for sports, and aquatics; an account for each recreation class, and accounts for special events. These accounts have acted as individual pass-through accounts for deposits of revenues and expenditures for recreation dass instructor's salaries, equipment and supplies and program costs, such as EXPO. [E:\home\parksrec\A113\TrustBd2.A13 - 01-11-99] 1 ~ --j Item: Meeting Date: 01119/99 These funds also transferred a percentage of annual revenue from classes and programs to the General Fund as a form of full cost recovery. There are a myriad of categories and sub-accounts which form the recreation trust account system. For instance, when a fee is collected from a registered participant in a recreation class, the fee is divided into components and expended. The components of the fee are 70% to the class instructor, 5% for scholarships, $3 of the fee is deposited into the General Fund, and the remainder of the fee is used to support the administration of the program; such as the automated registration program, the production and printing of the recreation brochure, and the wages and benefits for the Graphic Artist who supports the program, and the hourly personnel who perform the class registration functions. In addition, there are fees collected for aquatic classes, athletic classes, and classes for seniors at Norman Park Center. Plus, fees paid, and donations received for special events, have also been deposited into the trust accounts. Up to this point in time, the true costs of the entire Recreation Division have not been shown in the General Fund. With this report and request for appropriation, the total cost of providing recreation services will now be shown annually in the General Fund budget. In order to continue existing programs, which were previously funded in the Trust Fund, the Library and Recreation Department budget in the General Fund must be augmented as outlined in the following table. All necessary appropriations will be offset by recreation program fee revenues in available fund balances in the Trust Fund. BUDGET ACTIVITY # PROGRAM DESCRIPTION EXPEND Recreation Administration 1712 $5,365 Graphic Artist supplies; printing; promotional supplies Cultural Arts 1714 $4,528 Summer Concerts; EXPO ParkWay Pool 1742 $ 5,855 Lifeguards, classes Loma Verde Pool 1743 $24,110 Lifeguards, Classes Youth Athletics 1746 $15,530 Sports programs Norman Park Senior Center 1781 $7,100 Classes Therapeutics 1784 $15,600 Program costs for trips, events, supplies Elementary AfterSchool 1786 $3,850 Basketball and Football supplies [E:\home\par1tsrec\A.113\TrusIBd2A13 ~ 01-11-99] 2 &: -..2 Item: Meeting Date: 01119/99 BUDGET ACTMTY # PROGRAM DESCRIPTION EXPEND Middle School Programs 1787 $1,850 Program supplies and transportation costs Lauderbach Recreation Center 1792 $8,265 Classes Lorna Verde Recreation Center 1793 $13,250 Classes Parkway Recreation Center 1794 $15,295 Classes Parkway Gymnasium 1795 $50,220 Referees, supplies Women's Club facility 1797 $3,450 Contractual payment to Women's Club and repairs Special Interest Classes Administration 1799 $20,750 Class registration expenses and class supplies for classes not held at Recreation Centers Park Maintenance 1445 $15,500 Infield Soil, tennis center replacement and repairs Cultural Arts Commission 0126 $1,387 Music Competition Total $211,905 In addition, it is requested that funding be approved for special items and one-time purchases, as follows: Justification Reauested Item Budget Amount Canopy (10' x 10') for events Recreation Admin. $ 1,000 Previous canopy is unusable due to age and deterioration Graphic Artist Software Licenses Recreation Admin. $ 1,000 To comply with MIS policy [E:\home\parksrec\A113\TrustBd2.A13 - 01-11-99] 3 C:~:J Replacement Printers (6) for Class Registration Program Upgrade of Registration Program from DOS to WINDOWS Lifeguard Towers replacement Pool Vacuum Pool Cover Deck Alarm Manikins Pool Vacuum [E :\home\parksrec\A 113\ TrustBd2.A 13 - 01-11-99] Special Interest Special Interest Loma Verde Pool Loma Verde Pool Loma Verde Pool Loma Verde Pool Loma Verde Pool Parkway Pool 4 t:~f $ 1,600 $20,000 $11,200 $ 4,400 $13,500 $ 3,500 $3,750 $ 4,400 Item: Meeting Date: 01/19/99 Existing printers are older models; are expensive to repair and new printers are less expensive and will perform dual function of registration and letter quality printing Proprietary software company no longer supports DOS system and City must upgrade to WINDOWS Towers were cited as unsafe in a recent Aquatics audit Work is currently performed ovemight by hourly staff manually (there will be minor savings in hourly costs) Now 10 years old; have 6 year life (will promote utility savings) Aquatics requested this feature audit safety Replacements as required for CPR and First Aid classes Work is currently performed ovemight by hourly staff manually (there will be minor savings in hourly costs) Item: Meeting Date: 01/19/99 Deck Alarm Parkway Pool $ 3,500 Aquatics requested this feature audit safety Foul Poles Parkway Gym $ 3,950 Will be placed at Discovery park; new item needed for program management Wall Lockers Youth Athletics $ 500 Replacement Kiosk for Gym Youth Athletics $ 6 000 Used for publicity Total $78,300 These special costs will also be offset by program fee revenue in available fund balances in the Trust Fund. Reoealina Chapter 3.22 of the Chula Vista Municioal Code The Recreation Trust Fund, established by ordinance in 1975, will no longer be necessary due to the adoption of this Resolution which ultimately will allow all recreation program expenditures and related revenues to be budgeted in the General Fund through the regular budget process. Chapter 3.22 of the Municipal Code authorized the use trust funds to collect monies from participants in recreation programs. The repeal of Chapter 3.22 will remove applicable language in the Municipal Code which authorizes the Recreation Trust Fund. Therefore, it is recommended that Chapter 3.22 of the Chula Vista Municipal Code be repealed as recommended in Attachment "A." FISCAL IMPACT: The fiscal impact will be an increase to the Library and Recreation Department General Fund budget by $290,205. This expenditure increase is covered by $271,741 from program fee revenues, which were previously deposited in trust funds; and an amount of $18,464, which now exists in the available fund balance in the Recreation Trust Fund. It should be noted that this appropriation is for a period of one-half of the fiscal year. For FY 99/00, a budget will be proposed which funds 12 months of expenditures which were formerly spent from trust funds. It is estimated that a 12 month expenditure amount, for the base budget, would be in the range of $300,000 to $350,000. The appropriation that is being requested for the second half of this fiscal year is higher due to the seasonal nature of recreation programs being concentrated in the months of January through June. Beginning in FY 99/00, all recreation program expenditures and related revenues will be budgeted in the General Fund, through the regular budget process. [E:\home\pal1csrec\A113\TrustBd2A13 - 01-11-99] 5 ?-5' Item: Meeting Date: 01/19/99 The remaining balance in the Recreation Trust Fund, which will be transferred to the General Fund, is estimated to be $192,187. These monies have accumulated from program fees, facility rentals, etc., which should have been transferred to the General Fund over the years, as partial reimbursement for the total cost of recreation programs in excess of the revenues generated from the fees charged. Attachment: "A" - Ordinance Language NOT SCANNED [E :\home\parksrec\A 113\ TrustBd2.A 13 - 01-11-99] 6 r::~? RESOLUTION NO. /933J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 98/99 BUDGET AND APPROPRIATING $290,205 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FOR RELATED EXPENSES BASED ON UNANTICIPATED REVENUE FROM RECREATION FEES AND THE UNAPPROPRIATED FUND BALANCE IN THE RECREATION TRUST FUND WHEREAS, in June 1998, the City Manager advised the Council, during budget consideration, that the Recreation Trust Fund (Fund 405), utilized by the Library and Recreation Department, would be dissolved and all appropriate expenditures and revenue would be converted to the Library and Recreation Department General Fund budget; and WHEREAS, it is requested that the Council approve the transfer of funds from the Recreation Trust Funds to the Library and Recreation Department budget. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby amend the FY 98/99 budget and appropriate $290,205 to the Library and Recreation Department budget for related expenses based on unanticipated revenue from recreation fees and the unappropriated fund balance in the Recreation Trust Fund. Presented by Approved as to form by David Palmer, Library and Recreation Director H:\home\lorraine\rs\rectrust.app 6/1 --- ) ORDINANCE NO. J '} 7 ) AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING CHAPTER 3.22 OF THE CHULA VISTA MUNICIPAL CODE AUTHORIZING THE RECREATION TRUST FUND The City Council of the city of Chula vista does hereby ordain as follows: SECTION I: That Chapter 3.22 of the Chula vista Municipal Code is hereby repealed: Chapter 3.22 RECREATION TRUST FUND Section. 3.21.816 Trustee de6~91..a.l6d. E)isposit~()n proGedures. 3.22.818 Trustee de6~9l\6.t6d f)ispo.sil~Ol& proG6dures. A. All .lutJue.ys Golle"""LcJ .f.LVUl ~ta.J::::ticipab.L~ ~u l.e<"l::e.atiob. p.L\J":1.LU.luo:t 51..611 Lc l..elJ ill L.LUwL Ly tlJ.e d~.LII;,-Lv~ or parkw auJ. l:e"""Lcdtioh, wIlo i::IluOlll 6.ct as t:rtli::lLclI;. Tile luOl1e.l'i:t 6L.all be kept ":"u ~l1\liyidual aGGou..uL;:, 0.11\] shall Lc U.6eJ., as heclI;,;:t,;:tal}l, Llu.. ou.gl.lout tl.lC r ~;;:J,-u.l 'i car: [OJ:::: i::It-'c......;.u.l lcAJ.er: sl.lip QuJ.i V.L [Ok: J.uaLII;:.L i6.1 pur:cIJ.asew I OoJ.lJ./o1. ell]::: icluUC.l.lL or tl.le pr:O"j.LUUlO [01: which tl,ey we... e ...ollecte.1. D. Rc~uaihih9 luOl1e.l'i::I ":".11 ~b...liyi...lual aGcou..uL,~ b.t tile ehd vf Ll.le risvO,l 1'66.1: luay be used [V.L LILe c011tiliuaL~vu v[ tILe pJ::ogJ::aluS [OJ::: w11iclL tILl;,}' Wl;Ll; collected iuLv tILe llaxt [is......al ,}'l;ol, OJ:: tILe,}' 1Llaj La tJ:::a11s[erreJ. Lv Lbe adult adv~~vlY aCcOu11t [or otILl;.L 1-'1' 091: alu developlUl;11L. c. Reluai11~11~ LUV!1e~s ill aCCOU11L~ v[ pJ::ogJ::aluS wb~......IL IL~ve beel1 Ll;l.luil1ated sball Ll; tt~lls[eJ:::J::ed tv LILl; aJ.ult advisv.L,}' c..(;COUllt [V.L vtheJ::: P:rOY.LCl.1L1 Jl;vl;loplue11t. (0....1 1608 ~1, 197~, p~~v~ code ~14.461). SECTION II: This ordinance shall take effect and be in full force on the Thirtieth day from and after its adoption. Presented By Approved As to Form By David Palmer Director of Library and Recreation &!J~/ COUNCil AGENDA STATEMENT Item: 7 Meeting Date: 01119/99 ITEM TITLE: Resolution / '1 .J' Y ~ Accepting an extension of the Critical Hours grant from the South Bay YMCA and the County of San Diego, Department of Health Services, for FY 1998/99, for drop-in recreational activities at four Sweetwater Union High School District middle school sites; Amending the FY 98/99 budget and appropriating $13,000 to the Library and Recreation Department budget from unanticipated grant revenue for related expenses; and approving the addition of 0.42 FTE Recreation leader and 0.14 FTE Recreation Specialist hourly positions to support the program SUBMITTED BY: Library and Recreation Directo~ REVIEWED BY: City Manage1)p-- ~ ~ (415ths Vote: Yes X No_l The YMCA Office of Education and Prevention Services has notified the City that the County of San Diego Health and Human Services Agency will be funding the "Critical Hours" program, and extending it's agreement with the YMCA for the provision of "Critical Hours" afterschool programming. The County has provided $50,000 for programs in Chula Vista for FY 98/99, and the YMCA is subsequently extending its agreement with the City for continued provision of programs and services at a level of $13,000 (Attachment "A"). STAFF RECOMMENDATION: That the City Council adopt a Resolution: 1. Authorizing the acceptance of expected continued funding, in the amount of $13,000, from the YMCA of San Diego County and the County of San Diego County for FY 98/99, for drop- in recreational activities at four of the middle school sites; and 2. Contingent upon the YMCA's receipt of funds from the County of San Diego, amending the FY 98/99 budget and appropriating $13,000 in the Middle School Program budget from unanticipated grant revenue for related expenses in the Critical Hours Program; and 3. Contingent upon the appropriation of $13,000 from the YMCA, approving the addition of 0.42 FTE Recreation leader and 0.14 FTE Recreation Specialist hourly positions to conduct Critical Hours programming and activities. BOARDS/COMMISSIONS RECOMMENDATION: NIA DISCUSSION: The San Diego County Critical Hours Program for middle school-age children was designed to increase the availability of positive alternatives to crime and at-risk behavior. The program provides opportunities to learn life skills that improve the ability of youth to make positive life choices and achieve success in school, community and family functioning. In March of 1997, the Board of Supervisors allocated $1 million from the Children's Investment Trust Fund as seed money to establish the San Diego County Critical Hours program, a coordinated prevention and intervention program for middle school age youth. This program emphasizes (E:\home\parbrec\a113\critihrs.A13 - 01-14-99] 1 7~/ Item: Meeting Date: 01119/99 community involvement in programming and service delivery and collaboration between community organizations, public, private and non-profit. In May of 1997, the Parks, Recreation and Open Space Department worked in collaboration with the YMCA Youth and Family Services, the South Bay YMCA, South Bay Community Services, Sweetwater Union High School District, and the Chula Vista Boys & Girls Club, to develop and submit a Critical Hours Program proposal to the County of San Diego. In June of 1997, the YMCA and the collaborative partners were informed that the County of San Diego Department of Health Services approved the Chula Vista Critical Hours Program at a level of $50,000. Afterschool programming was implemented at four Chula Vista middle schools sites in the fall of 1997: Bonita Vista Middle School, Castle Park Middle School, Chula Vista Junior High School and Hilltop Middle School. All of the collaborative partners provided services and/or funding to support the programs. The YMCA and the collaborative partners applied for an extension of the grant early last summer, and the County approved additional funding for the continuation of the program through August of 1999. Roles of Partners in the Critical Hours Proaram The five partners involved in Critical Hours are a team that provides an integral component of the program. No one partner conducts a stand-alone program; the partners work together to provide the complementary program at the middle schools. The Chula Vista Recreation Division offers three types of programs at the middle school sites. Program activities are designed to build self-esteem and enhance refusal skills. Utilizing the 0.42 FTE Recreation Leaders and 0.14 FTE Recreation Specialists, as well as independent contractors, programs include Drop-in Activities, specialized classes and activities, and Youth EmploymenUJob Preparedness training. The Drop-in program includes sports, arts and crafts and games. Contract classes may include pet care training, science experiments and field trips. The Youth Employment program involves youth in career awareness, job readiness and volunteer opportunities in the community. Activities are conducted two to three times each week at each site, on a year-round basis when schools are in session. This includes programming at schools sites offering summer school classes. South Bay Community Services provides peer educators, who work with City and YMCA PRYDE site staff to deliver curriculum. They also fumish additional services and support as needed by the staff and requested by the youth participants. Their primary responsibility is to serve as mentors and role models for the middle school-age youth participants in the afterschool program. Sweetwater Union High School District provides the site coordination for the four middle schools by assigning staff to work with the agencies providing services. [E:\home\parbrec\a113\critihrsA13 - 01-14-99] 2 7-2 Item: Meeting Date: 01/19/99 The Boys & Girls Club of Chula Vista provides components of their juvenile delinquency prevention program, "Street Safe." The majority of their activities are conducted at Club facilities, but the Club provides transportation for students from the school sites. The South Bay Family YMCA provides the Y's PRYDE Program curriculum; the PRYDE Program is designed as a primary prevention program with services available to all youth, but particularly for youth at risk for substance abuse and gang involvement. The YMCA also serves as the administrative agent for the County funding, and is responsible for overseeing the contracting, reporting and evaluation of the program. Other Related Proarammina The City also provides supplemental afterschool programming at four middle school sites through a jointly funded effort between the City and the Sweetwater Union High School District. This programming is scheduled to compliment the Critical Hours pragramming, and results in activities being provided five days each week at most of the middle school sites. FISCAl IMPACT: Pursuant to expected agreement between the City of San Diego and the YMCA, the City has been awarded $13,000 of the County grant by the YMCA for the continued provision of programming at the middle schools through August 31,1999. Contingent upon the YMCA receipt of funds from the County of San Diego, grant funds will be disbursed by the YMCA, to the City, on a reimbursable basis upon receipt of appropriate expense documentation. Reimbursements will be deposited into a revenue account to offset the expenditures against the General Fund appropriation. The wages and benefits of the Recreation Leader and Recreation Specialist hours requested are included in the $13,000 grant, and the approval of the additional FTE's will have no impact on the General Fund. A budget for the grant program is Attachment "B." Attachments: "A"- "B" - Notification of Agreement Extensian Critical Hours Budget - FY 1998/99 [E :\home\parksrec\a113\critihrsA 13 ~ 01-14--99] 3 7~5 ATTACHMENT "A" YMCA Education & Prevention Services A PROJECT OF YMCA YOUTH & FAMILY SERVICES 4080 Centre Streor, Suite 101. San Diego. CA 52103 619.543.9850 Fax 543.9491 October 12, 1998 John Gates City of Chula Vista Parks and Recreation Depamnent 270 F Street Chula Vista, CA 9]9]0-2815 FAX # (619) 476-8167 John: In response to a request by Rosemary Brodbeck, I would like to update you as to the status of your sub-contntc: with the YMCA Youth and Family Services Depanmem to provide Critical hOurs services. Your sub-contract has been extended through Augu~ 31, 1999. The County of San Diego Health and Human Services Agency extended its agreement with 1:,l:1e YMCA for the same period oftime, maintaining the same annual grant amount of $50,000 fDr Chula Vista. Your sulK:cmract with the YMCA, totaling $13,000 per year, will also be maintained at the same level. We have yet to :finalize contract negotiations with the County, but we have been assured that the funding will continue to flow, uninterrupted, through August Df next year. Once a signed contract has been secured, we will draft a more formalized agreement with the City of Chula Vista Parks and Recreation Department, but it is my hope that this letter will suffice in the meantime. Sincerely, . Steven Amick YMCA PRYDE Program Director /~J/ ~!~~!~~~~~~,!!!EEr lV ATTACHMENT "B" Chula Vista Library and Recreation Department Critical Hours Budget 100-1787 - Middle School Program ................................................<1 ................ ........................ .ii...i. < 5105 Hourly Wages 9,045.00 5143 MediCare Contribution 131.00 5145 PARS Contribution 339.00 5202 Other Spec. Service 1,610.00 5212 Printing 300.00 5371 Recreation Supplies 1,000.00 5398 Other Commodities 575.00 $13.000.00 /--5" RESOLUTION NO. / f3J3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING AN EXTENSION OF THE CRITICAL HOURS GRANT FROM THE SOUTH BAY YMCA AND THE COUNTY OF SAN DIEGO, DEPARTMENT OF HEALTH SERVICES, FOR FY 1998/99, FOR DROP-IN RECREATIONAL ACTIVITIES AT FOUR SWEETWATER UNION HIGH SCHOOL DISTRICT MIDDLE SCHOOL SITES; AMENDING THE FY 98/99 BUDGET AND APPROPRIATING $13,000 TO THE LIBRARY AND RECREATION DEPARTMENT BUDGET FROM UNANTICI- pATED GRANT REVENUE FOR RELATED EXPENSES; AND APPROVING THE ADDITION OF 0.42 FTE RECREATION LEADER AND 0.14 FTE RECREATION SPECIALIST HOURLY POSITIONS TO SUPPORT THE PROGRAM WHEREAS, the YMCA Office of Education and Prevention Services has notified the City that the County of San Diego Health and Human Services Agency and the YMCA are extending their agreement to provide "Critical Hours" afterschool programming; and WHEREAS, the County has provided $50,000 for programs in Chula vista for FY 98/99, and the YMCA has subsequently extended its agreement with the City for continued provision of programs and services at a level of $13,000. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista, contingent upon the YMCA's notification to the City of its receipt of funds from the County of San Diego, does hereby accept an extension of the Critical Hours grant in the amount of $13,000 from the South Bay YMCA and the County of San Diego, Department of Health Services, for FY 1998/99 for drop-in recreational activities at four Sweetwater Union High School District middle school sites. BE IT FURTHER RESOLVED that contingent upon the YMCA's notification to the City of its receipt of funds from the County of San Diego, the FY 98/99 budget is hereby amended to appropriate $13,000 in the Middle School Program budget from unanticipated grant revenue for related expenses in the Critical Hours Program as set forth in Attachment "B". BE IT FURTHER RESOLVED that the addition of 0.42 FTE Recreation Leader and 0.14 FTE Recreation Specialist hourly position to conduct Critical Hours programming and activities is hereby approved contingent upon the appropriation of $13,000 from the YMCA. Presented by Approved as to form by David Palmer, Library and Recreation Director H:\home\lorraine\rs\critical.hrs 7~~ / COUNCIL AGENDA STATEMENT Item: Meeting Date: 1/19/1999 7 Resolution ) '93.3 t, Amending the FY 98/99 budget, transferring $117,028 from Supplies and Services to Employee Services; and approving an additional 3.00 FTE School Site Coordinator positions (unclassified, pro-rated benefitted), and 6.70 FTE Youth Leader positions (hourly wages) for the "STRETCH" program. SUBMITTED BY: Library and Recreation Dir~~r~ REVIEWED BY: City Manag~ ~ ~\ (415ths Vote: Yes ~ No J On October 20, 1998, the City Council approved a Memorandum of Understanding with the Chula Vista Elementary School District regarding expanded afterschool programming for children; and appropriated $250,000 in matching grant funds from the School District (Council Report - Attachment "A"). The MOU, and its proposed budget, pooled City and District funds, and adopted the acronym "STRETCH" - Safe Time for Recreation, Enrichment, and Tutoring for CHildren. The MOU represented the first phase of this project, in which the mission was defined, the fiscal mechanism for expenditure of funds was created, and a governance structure was established. It stated that combined City/District funds would be used to pay for an afterschool recreation program at 28 school sites; a 1.00 (full-time benefitted) Educational Services Manager to coordinate the STRETCH program; and a 0.25 FTE Administrative Office Assistant. ITEM TITLE: The action taken by Council also approved the creation of a 1.00 FTE (full-time benefitted) Extended School Day Supervisor (ESD Supervisor) to supervise City staff participating in the afterschool recreation programs. This position, which has just been filled, will help to ensure that staff performance standards are being met. The ESD Supervisor will act as a key liaison between school principals and City staff, and will report to the Educational Services Manager. The matching grant funds from the School District were appropriated to a supplies and services budget account to await disposition as the program phases were implemented. Planning has now been completed on the next phase and staff is proposing to transfer funds between summary budget accounts in the Library and Recreation Department for the necessary STRETCH program expenditures; and to request approval for the addition of personnel to the program. For these purposes, funds have already been appropriated and budgeted as part of the Council's October 20'h action. STAFF RECOM MENDA TION: That Council approve the Resolution amending the FY 98/99 budget, transferring $117,028 from Supplies and Services to Employee Services, and approving an additional 3.00 FTE School Site Coordinator positions (unclassified, pro-rated benefitted), and 6.70 FTE Youth Leader positions (hourly wages) for the "STRETCH" program. [E:\home\library\A113\Stretch.A13 - 01-08-99] 1 25'/ Item: Meeting Date: 01/19/1999 BOARDS/COMMISSIONS RECOMMENDATIONS: The Parks and Recreation Commission and the Library Board of Trustees have been consulted with, and appraised of these "second phase" developments. DISCUSSION: In February 1999, the enhanced STRETCH Program will be launched at six elementary schools, determined to be among the District's neediest. These schools have the highest percentages of children eligible for free and reduced cost lunches, as well as very high percentages of children scoring far below grade level in reading. The six schools are Mueller, Harborside, Lauderbach, Montgomery, Otay, and Los Altos. The core recreation afterschool program will continue at all other elementary schools. Sixty children will be recruited by the school administration at each site. Consistent attendance will be required throughout the year. All children will be signed in and out of the program daily. The STRETCH Program will be offered for three-and-a-half hours a day, Monday to Wednesday, and four-and-a-half hours on Thursdays due to the schools' early dismissal. Fridays will be used for staff planning, meetings and on-going training. Each site will be staffed by a Site Coordinator, three Youth Leaders, and a Recreation Leader and Aide. The Site Coordinators and Youth Leaders are the positions being requested in this report; the Recreation Leaders and Recreation Aides are already in the budget. Programming will include daily time for homework assistance, organized recreation and games, snack-time, and literacy coaching. Enrichment activities such as art, drama, dance, music, and hands-on science classes will be offered at least twice a week. In addition to the regular staff, sites will be able to contract with instructors to offer specialty classes, such as piano (keyboarding) or ballet, for approximately 4-8 hours each week. However, the intent is to recruit staff with strong arts backgrounds who will be able to conduct enrichment programming on an on-going basis. The STRETCH Program is committed to staff development and training. Staff members will receive "front-loaded" training in literacy tutoring, homework assistance, classroom management and discipline, team building, first aid and CPR. On-going staff development will include training in how to provide enrichment activities such as hands-on science, art, drama, dance, music, technology, as well as self-esteem and drug/tobacco/alcohol prevention programs. An evaluation plan is being created with input from City and District staff, principals, university faculty, parents, and members of the six schools communities. Measures of success will include improved student academic performance, especially in the area of literacy, improved attitudes towards school, reduced absenteeism, improved self-esteem, as well as parent and classroom teacher indications of satisfaction with the program. On March 15'h, the STRETCH Program intends to apply for newly established "After School Leaming and Safe Neighborhoods Partnership Program" grant funds from the Califomia Department of Education, as part of a joint, county-wide application. The State grants require a 50% local dollar match. The Department of Education has indicated that only [E:\home\library\A1l3\Stretch.A13 - 01-08-99] 2 ?---c2. Item: Meeting Date: 01119/1999 schools in which 50% or more of the children are eligible to receive free andlor reduced meals will be able to compete for these funds. If fully funded, the STRETCH Program could be offered next fiscal year in all 17 of the District's eligible schools. FISCAL IMPACT: City General Funds, originally appropriated for the Afterschool Playground Program, and the $250,000 received from the Chula Vista Elementary School District, have already been combined and appropriated into the Library and Recreation Department budget. When this budget was originally appropriated, funds anticipated to be utilized for additional staff were budgeted in a non-personnel account, while program planning was being accomplished. Funds will now be transferred between line items in the budget to accommodate monies needed for the personnel requested in this report. There is no fiscal impact to the approval of personnel positions in this budget. Attachment: "A" - October 20, 1998 Council Agenda Statement - STRETCH Program [E:\home\library\~113\Strdch.A13 - 01-08-99] 3 [(-3 RESOLUTION NO. J '} 3 Ji, RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 98/99 BUDGET, TRANSFERRING $117,028 FROM SUPPLIES AND SERVICES TO, EMPLOYEE SERVICES; AND APPROVING AN ADDITIONAL 3.00 FTE SCHOOL SITE COORDINATOR POSITIONS (UNCLASSIFIED, PRO-RATED BENEFITTED) , AND 6.70 FTE YOUTH LEADER POSITIONS (HOURLY WAGES) FOR THE "STRETCH" PROGRAM WHEREAS, on October 20, 1998, the City Council approved a Memorandum of Understanding (MOU) with the Chula vista Elementary School District regarding expanded afterschool programming for children; and appropriated $250,000 in matching grant funds from the School District; and WHEREAS, the MOU and its proposed budget pooled City and School District funds, and adopted the acronym "STRETCH" - Safe Time for Recreation, Enrichment, and Tutoring for Children and represented the first phase of this project; and WHEREAS, the MOU created a fiscal mechanism for expenditure of funds and established a governance structure whereby combined City/District funds would be used to pay for an afterschool recreation program at 28 school sites; a 1.00 (full- time benefitted) Educational Services Manager to coordinate the STRETCH program and a 0.25 Administrative Office Assistant; and (full-time benefitted) Extended Supervisor) to supervise City afterschool recreation program to standards are being met; and WHEREAS, Council also approved the creation of a 1.00 FTE School staff ensure Day Supervisor (ESD participating in the that staff performance WHEREAS, the matching grant funds from the School District were appropriated to a supplies and services budget account to await disposition as the program phases were implemented; and WHEREAS, planning has now been completed on the next phase and staff is proposing to transfer funds between summary budget accounts in the Library and Recreation Department for the necessary STRETCH program expenditures and to request approval for the addition of personnel to the program; and 1 Y~f NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 98/99 budget, transferring $117,028 from Supplies and Services to Employee Services, and approves an additional 3.00 FTE School Site Coordinator positions (unclassified, pro-rated benefitted), and 6.70 Youth Leader positions (hourly wages) for the "STRETCH" program. Presented by Approved as to form by David Palmer, Library and Recreation Director H:\home\lorraine\rs\stretch.2 2 7~3 ATTACHMENT "A" COUNCIL AGENDA STATEMENT . ( Item: /! Meeting Date: 10120/1998 / :) ..... ---;;: .~--.. ITEM TITLE: Resolution' c~ approving the Memorandum of Understanding between the City of Chula Vista and the Chula Vista Elementary School District regarding a joint extended school day program ("STRETCH"); approving the transfer of funds for After- School playground programs from the city's three Recreation Center budgets into a single extended school day program account; accepting and appropriating a $250,000 contribution from the Chula Vista Elementary School District for extended school day programs; and amending the FY 1998/99 budget to approve an additional 1.0 FTE Extended School Day Supervisor (unclassified, full-time benefited position) funded from the following sources: District contribution ($8,000), Public Library Fund ($16,000, unanticipated revenue), and Recreation Trust Fund #405 ($9,000). SUBMlllED BY: Director of Library and Recreation g8 REVIEWED BY: City Manager (4/5ths Vote: Yes-1L No---.J The FY 1998/99 budget adopted by the Chula Vista Elementary School District Board in June of this year included a new line item for extended school day programs. The Board decided to commit $250,000 to provide children with literacy and academic tutoring, enrichment programs (such as drama, music, dance and art), as well as other recreational activities before and/or after regular school hours. There are presently 35 schools in the Elementary School District, 28 of which are located in the City of Chula Vista. The City general fund budgeted approximately $289,000 in FY 1998/99 to provide an After- School Playground program, conducted by part-time Recreation Leaders and Aides at 26 elementary school playgrounds. Most of the funds for this program are currently budgeted in the hourly wage line items of the city's three Recreation Centers. The Superintendent of the Elementary School District and the City Manager agreed that the $250,000 from the District's budget should be combined with funds currently being spent by the city on After-School programs to create a new extended school day program, with the City acting as fiscal agent. The City would provide a manager to coordinate the program. g>~ '.. J.' ~ 7 . . . , _ '-,. ..,"'~~. _tJ. ,",~' <. -0 ,.;""!.; : 't ','~~lc. .J> ~-::lt Item ----' Page 2 Meeting Date: 10/20/98 STAFF RECOl\tlMENDA TION: That Council approve the Memorandum of Understanding between the City of Chula Vista and the Chula Vista Elementary School District regarding a joint extended school day program ("STRETCIf'); approve the transfer of funds for After- School playground programs from the city's three Recreation Center budgets into a single extended school day program account; accept and appropriate a $250,000 contribution from the Chula Vista Elementary School District for extended school day programs; and amend the FY 1998/99 budget to approve a 1.0 FTE Extended School Day Supervisor (unclassified, full- time benefited position), funded from the following sources: District contribution ($8,000), Public Library Fund ($16,000, unanticipated revenue), and Recreation Trust Fund #405 ($9,000). BOARDS/COMMISSIONS RECOMMENDATIONS: The Parks and Recreation Commission and Library Board of Trustees will be consulted during the implementation phases as appropriate. DISCUSSION: Historically, the City of Chula Vista has taken a proactive approach towards providing an extended day at elementary and more recently at middle schools within the City. At the twenty- six elementary schools part-time Recreation Leaders and Aides currently coordinate two hours of extended day with emphasis on recreational activities such as flag football and cheerleading. In the spring of 1998, City Manager David Rowlands and Chula Vista Elementary School Superintendent Dr. Libia Gill entered into discussions about the District's desire to expand After-School programs with a greater focus on academics and enrichment activities, without losing a recreation component. Welfure reform legislation, which directly impacts several thousand families in Chula Vista, has created a dramatic need for even more After-School programs. Parents, primarily female heads of household, are moving from the home into employment and employment preparation programs and are likely not to be at home at the end of the school day. In addition, it is generally regarded to be true that enrichment classes such as music, drama, art, and foreign languages, as well as literacy tutoring and homework assistance, promote students' overall academic achievement. Finally, it is in the interest of Chula Vista residents to have youth in the community positively engaged in enhanced After-School programming. Such programs reflect society's changing needs In response, the City's approved FY 1998-99 budget established an Educational Services Manager located within the Library and Recreation Department. This position is charged with the responsibility of overseeing and coordinating an expanded extended school day program. Over the summer, the City's Educational Services Manager convened a multi-agency advisory committee, including representatives from the YMCA, the Boys and Girls Club, the Police Department, school principals, as well as District and City staff. The Committee has begun to sr---? .. -.' ~;;~~~k;Jf\~"ic...~.t,~i;..~_~ Item ~ Page 3 Meeting Date: 10/20/98 examine After-School programming issues and needs, and to identifY what resources are currently available in this area. In anticipation of a joint City/Elementary District-funded program, the advisory committee named the new program "STRETCH", The acronym stands for "Safe Time for Recreation, Enrichment, and Tutoring for CHildren." The Committee also developed the program's mission statement, which reads: Our mission is to promote the physical and mental well being of young people through safe, nurturing, extended school day programs that support academic achievement, offer opportunities for cultural and artistic enrichment, and provide organized recreational activities. The "STRETCH" program brings together community stakeholders, blends and maximizes resources, and links staff to create programs that respond to individual communities' needs. City and District staffhave now negotiated a Memorandum of Understanding (MOD), which incorporates the above mission statement and will allow the City to formally adopt the STRETCH program (see Attachment 'A'). The Chula Vista Elementary School District Board approved the MOU at their Tuesday, October 6, 1998, meeting. The MOU has been reviewed and approved by the City Attorney's office; it includes a mutual hold-harmless addendum. The MOU and budget (see Attachment 'B') represent the first phase of this project, in which the mission is defined, the fiscal mechanism for expenditure of funds is created, and a governance structure is established. The project's next phase will be to establish clear funding priorities; to identifY schools with the greatest needs; to develop a strategic implementation plan in partnership with District and school personnel; and to develop goals and objectives that reflect the degree and type of services offered at individual schools. The STRETCH program intends to apply for newly established After-School grant funds from the California Department of Education, as soon as an RFP becomes available. These State grants require a 50-50 local dollar match. The Department has indicated that only schools in which 50% or more of the children are eligible to receive free and/or reduced meals will be able to compete for these funds. Those statistics are collected by the District in October each year. At this time, the District expects fifteen school sites to be eligible (see Attachment 'C'). In anticipation of the receipt of these grant funds, the budget sets aside $232,000 which would be used as a match. Ifwe are awarded this three year state After-School grant, we will hire additional staff and/or contract with individuals or organizations to provide expanded programming. zs"r;:- _,~I -'."""""",~~,._-- ~ifc- Item ~ Page 4 Meeting Datec 10/20/98 The City's current After-School recreation program will continue in its present form until the end of the fall school semester, with the following changes: . New school sites will be added at Casillas Elementary School and at Lorna Verde Elementary Schoo~ bringing the total number of schools served from 26 to 28 (out of 28 city schools). . A full-time Extended School Day Supervisor (unclassified) will be hired to supervise City staffparticipating in the After-SchoollExtended School Day programs. This new position, funded from non-general fund sources, will help to ensure that staff performance standards are being met, and will act as a key liaison between school principals and City staff. The position will report to the Educational Services Manager. This action restores a single supervisor structure which previously been in place, but had been eliminated due to budget constraints. Currently Recreation Leaders and Aides are supervised by one of three recreation center directors. . After-SchoollExtended School Day recreation programs (2-hours/day) will be offered on school attendance days, however Saturday flag football league games will continue as in the past. . A series of three mandatory workshops for Recreation Leaders and Aides will take place this fal~ providing them with a host of "hands-on" recreational games and ideas, and training in several new sports. The workshops are also open to staff from the YMCA and the Boys and Girls Club. Several changes to the existing After-School recreation program will be phased in beginning with the Spring school semester, however City staff will continue to provide recreation programming at all 28 elementary school sites within the City, per the MOD with the District. FISCAL IMPACT: All unexpended FY 1998-99 funds budgeted for the After-School Playground Program will be transferred to general fund account 100-1786. A contribution of $250,000 from the Chula Vista Elementary School District for extended school day programs will be appropriated into this account for FY 1998-99 to augment the City's contribution. Of the District's contribution, $8,000 will be used to partially offset the salary and benefits of a full-time Extended School Day Supervisor (unclassified). An additional $16,000 from California's Public Library Fund allocation for Chula Vista (which will be received in January, 1999) and $9,000 from the Recreation Trust Fund #405 will be used to cover the remaining cost of the position (prorated for eight months in this fiscal year). ?"9 COl'.'iCIL AGE:\DA STA TDIE\'T Item~ Meeting Date~,c7 L 1;/9'1 ITEM TITLE: Resolution ) '7 J J I Accepting bids, awarding contract for "Sweetwater River Drainage Channel Silt Removal in the County of San Diego and the City ofChula Vista, CA (DR-I32)" SUBMITTED BY: Director ofPub!ic workvY C't M l2.L .4 . 1 Y anager. . < ~ X~ (4/Sths Vote: Yes_NoX) REVIEWED BY: At 200 p.m. on December 4, 1998 at the Engineering Counter, Public Services Building, the Director of Public Works received sealed Informal Bids for the "Sweetwater River Drainage Channel Silt Removal in the County of San Diego and the City ofChula Vista, CA (DR-132)." The work to be done consists of removal and disposal of silt within the Sweetwater River Channel in order for the channel to drain properly. RECOMMENDA TION: That Council accept bids and award a contract for "Sweetwater River Drainage Channel Silt Removal in the County of San Diego and the City of Chula Vista, CA (DR-132)" to Jimenez Inc. DBA MJC Construction in the amount of $28,590.00. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Funds for this project were budgeted in the FY 1998-99 Storm Drain Capital Projects. The Chula Vista Golf Course, the intersection of Bonita Road and Willow Street and the drainage channel on the south side of Sweetwater Road (east of Willow Street, see Attachment A) have experienced flooding due to siltation of the drainage course downstream of the Willow Street Bridge which is in the County of San Diego jurisdiction and ownership. Staff has been working with the Sweetwater Authority and the County of San Diego to correct the existing drainage problems. As part of this project, the Sweetwater Authority has already lowered two of their water lines crossing the Sweetwater River Channel. The water lines were originally constructed at a very shallow depth and have acted as a dam causing the siltation problem. The County of San Diego has authorized the City of Chula Vista to remove silt within the County's jurisdiction and ownership under their existing environmental permits (see letter, Attachment B) 9--/ Page 2. Item 'Ieeting Date 1 12 ,),1 Informal bids for this project were received from three contractors as follows: Contractor Bid Amount I. Jimenez Inc. DBA MJC Construction, Chula Vista, CA $28,590.00 2. Rutledge Joint Venture, Lemon Grove, CA 40,000.00 3. Roberts Engineering Contractors, Escondido, CA 42,000.00 Staff solicited informal bids from six contractors who have performed work previously with the City, in order to assure that the work would be accomplished before this years rainy season arrived. We received the required three bids from the three contractors in order to award the project. Staff received good bids for the proposed work. The low bid, submitted by Jimenez Inc. DBA MJC Construction is above the Engineer's estimate of $27,000.00 by 51,590.00 or 5.9%. Staffs estimate was based on average prices for similar type work completed during dry conditions last year. Unfortunately, the weather did not hold and we have experienced two storms in the past month and this change is reflected in the bids we received. Disclosure Statement A copy of the contractor's disclosure statement is attached as Attachment C. Environmental Status The Environmental Review Coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15269 (b) & (c), of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures). Prevailing Wage Statement Contractors bidding this project were not required to pay prevailing wages to persons employed by them for the work under this project. No special minority or women owned business requirements were necessary as part of the bid documents. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount 528,590.00 B. Construction Contingencies (approximately 10%) $3,110.00 C. Staff Costs (Design, Construction & Inspection) $3,600.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $35,300.00 9~,}- Page 3. Item __~_ :\Ieetina Dale Ii: ,],1 o ~-------..- 600 I FUNDS A V AILABLE FOR CONSTRUCTION A. 227-2275-DR132 (97/GolfCourse Drainage Channel) $32,200.00 B. 600-6001-DRI32 3,100.00 TOT AL FUNDS A V AILABLE FOR CONSTRUCTION $35,300.00 The above action awarding of the contract will authorize a total expenditure of$32,200.00 from the Storm Drain Fund and $3,10000 from the General Fund Capital Outlay. After construction, only routine City maintenance will be required. Silt removal will have to be done in future, depending on the amount ofrain Attachments A - Vicinity Map of Flooded Areas B - Letter from the County of San Diego C - Contractor's Disclosure Statement BVH:b"h H:\HO~!E\ESGL'\"EER\AGE~'DA\D DRI32113. WPO File Na 0735-IO-DR-132 9~3 RESOLUTION NO. Fi) J / RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS, AWARDING CONTRACT FOR "SWEETWATER RIVER DRAINAGE CHANNEL SILT REMOVAL IN THE COUNTY OF SAN DIEGO AND THE CITY OF CHULA VISTA, CA. (DR-132)" WHEREAS, at 2:00 p.m. on December 4, 1998 at the Engineering Counter, Public Services Building, the Director of Public Works received the following three sealed Informal Bids for the "Sweetwater River Drainage Channel Silt Removal in the County of San Diego and the city of Chula Vista, CA (DR-132) .": Contractor Bid Amount 1. Jimenez Inc. DBA MJC Construction, $28,590.00 Chula vista, CA 2 . Rutledge Joint Venture, Lemon Grove, 40,000.00 CA 3. Roberts Engineering Contractors, 42,000.00 Escondido, CA WHEREAS, the low bid, submitted by Jimenez Inc. DBA MJC Construction is above the Engineer's estimate of $27,000.00 by $1,590.00 or 5.9% which estimate was based on average prices for similar type work completed during dry conditions last year, however, there have been two storms in the past month which is reflected in the bids received; and WHEREAS, the Environmental Review coordinator has reviewed the work involved in this project and has determined that the project is exempt under Section 15269 (b) & (c), of the California Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public Structures); and WHEREAS, contractors bidding this project were not required to pay prevailing wages under this project and no special minority or women owned business requirements were necessary as part of the bid documents. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula vista does hereby accept bids and award the contract for "Sweetwater River Drainage Channel Silt Removal in the County of San Diego and the city of Chula Vista, Ca. (DR-132)" to Jimenez Inc. DBA MJC Construction in the amount of $28,590.00. 1 9 -if BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contract on behalf of the City of Chula vista. Presented by Approved as to form by ney John P. Lippitt, Director of Public Works H:\home\lorraine\rs\dr132 2 9---5 AREAS OF FLOODING -/ ,J - "'" '\ ->~;:--, - . y. .,. c,< --:.:. '-~ --, COUNTY liMITS , OfULA ~STA = j r' END: -----CITY/COUNTY UMITS ATTACHMENT "A" t" \ \ \ -- Dr1J2m7.dwq 72-15-98 8:48:36 om PST DRAWN 8Y: TITLE: AR SHEET 2 OF J SHTS. CITY OF CHULA VISTA SILT REMOVAL PREPARED 8Y JRH DA TE: 6-78-98 APPRO VED 8 y. JRH ~ ", - - ~ EPHEN THUNBERG DIRECTOR (619) 69<1-2212 FAX: (619) 268.0461 LOCATION CODE SSO QIou1tb~ of ~Ztu J9icgo I ... ':i\ .\.; ,\;I DEPARTMENT OF PUBLIC WORKS COUNn ENGINEER COUNTY AIRPORTS COUNTY ROAD COMMISSIONER TRANSIT SERVices COUNTY SURVEYOR FLOOD CONTROL WASTEWATER MANAGEMENT 5555 OVERLAND AVE, SAN DIEGO, CALIFORNIA 92123.1295 October 23, 1998 John Lippitt Director of Public Works City of Chula Vista Engineering Section 276 4th Avenue Chula Vista, CA 91910-2631 Dear Mr. Lippitt: SWEEl'NATER RIVER LOW FLOW PILOT CHANNEL The County of San Diego Department of Public Works (DPW) has completed its review of your proposed project to reestablish a low flow channel downstream of the Willow Street Bridge. Staff from DPWs Environmental Services Unit conducted a field site visit on October 1, 1998 with your staff to discuss the project work description. County staff also reviewed your letter dated October 6, 1998 explaining the need to regularly maintain this facility to avoid potential flooding problems. Based on this review, the County has determined that the City of Chula Vista can proceed with the reestablishment of a low flow channel. The County will include this facility under the County's U.S, Army Corps of Engineers Regional General Permit (RGP) 53 and associated California Department of Fish and Game 1601 Streambed Alteration Permit. PROJECT DESCRIPTION The area of potential effect (APE) includes the 5-foot wide, low flow pilot channel over a distance of about 450 feet downstream of the Willow Street Bridge, and about 2-4 feet in either side of the channel to create a 2: 1 slope bank, There will be minimal impact on vegetation within the APE because the existing channel does not support any riparian vegetation, although willows and mulefat are present along the banks, There are small patches of cattails and sedges near the Willow Street bridge, but they can be moved to other locations adjacent to the channel and reestablished as on-site mitigation. It appears that the existing channel is wide enough to accommodate the pilot chan'1el as proposed without removal of any willow trees. However, some willow limbs and shrubs would need to be trimmed so equipment can access the channel. .....J Plll'Ile<l on lecyCled paper 9-7 ( Mr. Lippit Page 2 October 23, 1998 Large limbs of willows to be cut include 4 limbs with diameters of 5-6 inches and 2 limbs with diameters of about 10 inches. One of the 5-6 inch limbs appears to support much of the weight of one willow tree Removal of this limb may result in falling of the tree. This tree may need to be propped up or transplanted on site. Several other limbs with diameters of 2-3 inches would need to be cut and trimming of some willow and mulefat shrubs would be required. Roots of one willow tree are exposed and would be impacted. although the tree likely would not be damaged. Shallow roots of other willows would also likely be impacted. All cut vegetation must be removed from the project site. The larger branches should be flagged by a biologist, which will be provided by DPW, to indicate where they should be cut so as to maintain as much cover in the stream channel area as possible and maintain the integrity of the tree, and allow equipment access. The willow trimming should be done prior to the start of the channel cleanup to allow free access and minimize the time needed to work in the stream and minimize downstream sedimentation. Pursuant to RGP 53, County staff will take before and after photographs of the site and of upstream and downstream vegetation and habitat. These photographs will be included with a completed County maintenance form detailing the action taken including length and width of the channel cleaned. In order to accomplish this task, you will need to notify the County when you plan to start construction If you have any questions regarding this letter, please call Nelson Olivas at (619) 874-4005 or Steve Helm from my staff at (619) 874-4042 to coordinate. Very truly yours, O~)dJJJ DOUGLAS M. ISBELL, Deputy Director Department of Public Works DMI:NEO:adm cc: Walter Odening (0385) Tom Davis (0340) Steve Helm (0385) Ben Guerrero Brice Bossler (A500) q~'6 Received: 1/13;99; 5:07PM; 6194273540 "'> CITY OF CHULA VISTA; #2 81/13/1999 04:14 619-4273540 JIMENEZ INC DBA MJC S.n1 by: CITY CF CHULA VISTA C19 476 S361 C1113199 3:12PM Job 195 REVISED ATTACHMENT C TIlE cm OP CIlULA VISTA IlISCJ.OlroRI! STATEM.EN1 Vou an: ~ !O tll~. ~Of 0iJcI0IIltt ~ ~owomhlp W' tIom:iIJ~, paJJlI<<ItI, OX campalsn 00Ilrributit.)Jl4. 011 alI.ruattcn whi~.b. trill JCqlrUfI; ~ iICaOO 01;1 die 1*ft of dle City <:ounc:u. Plannine Cocami9sil:Jn, ... ".n 0Iht:r offit'i;ll _,1llcfo/lo....laIbrmadoo.....bo_, ' - J. 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ITEM TITLE: Resolution /93.3 '} Approving the Submittal of a $298,500 Grant Application to the California Integrated Waste Management Board for a Regional Household Hazardous Waste Disposal and Education Program, and Authorizing the City Manager to Submit the Grant Application SUBMITTED BY: Conservation Coordinator ~ ~~\ 'D Director of Public wor1J~ rr REVIEWED BY: City Manag~ ~~(4/5thS Vote: Yes _ No X ) BACKGROUND: Public Resources co~ Section 47200 authorizes the California Integrated Waste Management Board (State) to award grants annually to local government agencies for programs that reduce the amount of Household Hazardous Waste (HHW) disposed of at solid waste landfills. The maximum award for individual agencies is $120,000 and $300,000 per regional application. The term of the grant is from May 1,1999 through March 31, 2001. On June 16, 1998 the City Council passed a resolution that authorized Chula Vista's participation in a regional HHW collection and education program, and established a solid waste surcharge to fund Chula Vista's component. The current HHW program design includes a residential waste drop-off facility, door to-door collection and a public education program. The additional grant funds would allow the City to expand the type of materials collected from residents, the hours of operation at the drop-off center and significantly increase the number of households per year that can be served by the program. RECOMMENDATION: Approve the resolution authorizing the City Manager to submit a HHW grant application to the California Integrated Waste Management Board. BOARD/COMMISSIONS RECOMMENDATION: At their January 11, 1999 meeting, the Resource Conservation Commission voted unanimously to recommend that City Council authorize the City Manager to submit the HHW application to the State. DISCUSSION: The current HHW program was proposed to Council and approved as a component of a sub-regional effort for the South Bay. The pollution that threatens our recreation and wildlife resources does not recognize jurisdictional boundaries. Paint, solvents, pesticides, cleaners and other HHW that pollute our creeks, rivers, the bay and beaches have the same impact whether they originate in Chula Vista or a neighboring city. Even if the City were successful in diverting 100% of the HHW generated within City limits, that would not assure the preservation of our recreation and wildlife resources without comparable success in jurisdictions that share the same watershed. The purpose of the grant proposed by the City is to: I) partially fund a permanent regional HHW drop-off facility at the City's new corporate yard, 2) fund a regional door to-door collection program for the disabled or elderly, 3) partially fund door-to-door services for able residents, 4) add sharps (needles) and other HHW materials not currently covered by the program, and 5) develop and implement an innovative public education and promotion program for South Bay participants. /cJ- / PROGRAM DESCRIPTION Page 2, Item Meeting Date 1/19/99 Permanent Facilities: Permanent facilities are the State's primary focus. The South Bay Regional Facility would be located at the new Public Works yard on Maxwell Road near the landfill. The facility would be open on Saturdays and one additional weekday if financially possible. The facility would accept material from the public and log the generator's drivers license number, a second proof of residency and jurisdiction of origin. Unlike the Applied Technologies (APTEC) HHW treatment facility, no disposal or chemical processing will take place at the proposed facility. The facility will be used for short-term storage, bulking and a waste exchange facility for common household products. The waste exchange facility would allow adult residents to sign out and reuse acceptable products at no cost. The exchange will also provide public education services. The HHW facilities will include a mobile design so that they could be re-Iocated in the future if appropriate. Door-to-door Collection: This service would be provided on an on-call basis. This type of service provides an opportunity to reach previously underserved populations such as the disabled, marina, apartment, condominium, camp ground and other residents. Residents from single family households or the property managers from apartments, condominiums and mobile homes would call the recycling hotline operated by the City contractor to establish a collection date. The Conservation Corps and/or the Fire Department Explorer Post will deliver the kits in Chula Vista and other South Bay cities. Some cities have chosen to distribute kits exclusively through their respective Public Works Yards. The Explorer Post and Corps will be available to deliver kits to the disabled and elderly throughout the South Bay. The HHW kits will include a tamper proof box for solvents and other more toxic materials, bilingual instructions, labels and source reduction recommendations for the future. Residents will be asked to label any materials that are not in their original container or that are in containers that are not legible. The instructions will direct them to lock the box using the two plastic wire harnesses provided in the kit and place the locked box near their front door on the assigned collection day. Sealed containers with less toxic material such as latex paint can be placed along side the kit. The collection day would be established on the initial call for service and reinforced by a reminder notice delivered with the kit. The material would be collected by a licensed and permitted sub-contractor and recycled or disposed of in accordance with state and federal regulation. The kits will be refurbished and redistributed as long as they are usable. Program EXDansion: The grant would also fund an expansion to include materials frequently requested by residents but not collected in the current or past programs. Some of those items are hypodermic needles and auto flares. These items may be collected by the door-to-door program, referred to the drop-off facility or referred to an approved service provider. The intent is to provide convenient, comprehensive and cost effective service for all materials typically generated by a residential dwelling. Public Education: The state's criteria for grant approval also places a significant emphasis on public education and promotion. An aggressive campaign to empty out garages, garden sheds, bathroom and kitchen sink cabinets will make households safer, and will level out future disposal costs by reducing the volume of each future collection. An equally aggressive education campaign that emphasizes source reduction will help to control future costs and keep households safer in between program participation. The proposed grant includes point of purchase displays, mobile displays, hotline services, print and electronic media advertising, special events and school presentations. /c7~ .7- Page 3, Item Meeting Date 1/19/99 The education component will also reach out to Fire Departments and realtors that are impacted by or share some responsibility for HHW education. Most of these services can be cost-effectively incorporated into existing public education funded by the Regional Used Oil Program. Cost effective and creative programs: The grant demonstrates innovative approaches by incorporating use of the Explorer Post, community college students and other groups meeting community service and training requirements. The grant also takes an innovative approach to cost- effective implementation by combining resources from the used oil recycling, storm drain and urban run-off programs into a single one-stop shop for public information and reporting. This grant will reduce the service cost per household for several years after the grant term by funding drop-off facility and education start up costs. The grant also requests funds to reduce current disposal costs at the drop-off site by 40% and door-to-door collection costs by 20% during the grant. Regional Cooperation is also a key element in designing and implementing a cost-effective solution. Prior to the South Bay Program, HHW costs ranged from $125 to $150 per household and served approximately 600 Chula Vista households per year. By working with our neighboring jurisdictions and taking advantage of the economies of scale the City is now serving up to 1,200 households per year at a cost of approximately $75 per household. This grant would make it possible for Chula Vista to serve approximately 2,300 households per year for the next two to three years with more convenient and effective service at no additional cost to rate payers. This grant does not commit the Council to any un-funded expenses. If the grant is awarded the participating jurisdictions will be expected to continue providing household hazardous waste services after the grant expires. Any Chula Vista costs not funded by the grant are funded by solid waste and household hazardous waste surcharges applied to monthly refuse rates, not the general fund. The other participating cities also fund a comparable portion of the disposal costs for their participating households. If the grant is awarded, the City Council will have an additional opportunity to review the program when staff returns to Council with a final budget and a request for appropriation. Regional cooperation is the key element in the implementation of a successful HHW program. Although Chula Vista will administer the program, the cooperation and support of Coronado, Imperial Beach and National City have been key to the City's progress. San Diego County, Lemon Grove, La Mesa and the City of San Diego are also in the South Bay watershed and have been invited to participate. They have chosen to submit their own grants and establish separate programs. Some of the funds will be used to keep the Coronado HHW drop-off facility open. Chula Vista residents have been using that facility and paying Coronado for disposal costs since July 1, 1998. FISCAL IMPACT: There is no estimated impact on the City's general fund. If awarded, the grant will provide $298,500 to implement regional HHW disposal and public education program. If approved, $298,500 would be appropriated for the grant term. The Conservation Program would fund the administrative costs associated with the implementation of the program. That program is fully funded by the AB 939 and household hazardous waste fees generated by a surcharge on solid waste bills. If awarded, a more comprehensive program would reduce those costs associated with the City's response to improper disposal of household hazardous waste within the City. Attachments mtm/c:hhtw/reso 99hhw.doc Printed on recycled paper, naturally! /tJ:J RESOLUTION NO. ) '} 537 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE SUBMITTAL OF A $298,500 GRANT APPLICATION TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT BOARD FOR A REGIONAL HOUSEHOLD HAZARDOUS WASTE DISPOSAL AND EDUCATION PROGRAM, AND AUTHORIZING THE CITY MANAGER TO SUBMIT THE GRANT APPLICATION WHEREAS, the people of the State of California have enacted Assembly Bill 1220 (Eastin, 1993) that provides grants to local governments to establish and implement waste diversion and separation programs to prevent disposal of hazardous waste, including household hazardous waste, in solid landfills; and WHEREAS, the California Integrated Waste Management Board has been delegated the responsibility for the administration of the program within the state, setting up necessary procedures governing application by cities and counties under the program; and WHEREAS, the applicant will enter into an agreement with the State of California for development of the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista authorizes the submittal of a regional application on behalf of the Cities of Coronado, Imperial Beach and National city to the California Integrated Waste Management Board for a Household Hazardous Waste Grant - Seventh Cycle. BE IT FURTHER RESOLVED that the City Manager of the City of Chula Vista, or his designee, is hereby authorized and empowered to execute in the name of the above named cities all necessary applications for the purposes of securing grant funds. Presented by Approved as to form by ~~:f!'~!!:1c."y Michael Meacham, Conservation Coordinator H: \home\lorraine\rs\grant. 7th /tJ ~1 CALIFORNIA INTEGRA TED WASTE MANAGEMENT BOARD Exhibit A USED OIL & HHW GRANTS APPLICATION COVER SHEET Applicant: The City of Chula Vista Department or Agency: The Department of Public Works, Conservation Program Street Address: 2764'" Avenue Mailing Address (if different from street address): Attention City Manager's Office City & Zip Code City of Chula Vista County: San Diego Regional Participants (if applicable): Chula Vista, Coronado, Imperial Beach and National City (the County and City of San Diego have been invited to include their South Bay residents in use of the facility and they wonld receive the same service at the same costs. Primary Contact (Name & Title): Michael T. Meacham, Conservation Coordinator Phone: (619) 691-5122 Fax: (619) 585-5612 Email Address:mmeacham@ci.chula-vista.ca.us Finance Officer (Name & Title): Carole French, Accounts Payable Phone: (619)691-5251 Fax: (619) 585-5658 Emai1 Address: Program Director (Name & Title): John Lippitt, Public Works Director Phone: (619) 691-5294 Fax: (619) 691-5171 Email Address:jlippitt@ci.chula-vista.ca.us Assembly District(s): 7'7ili,78ili and 79ili Senate District(s): 39ili and 40ili Project Description: This funding will assist residential generators in an underserved region that includes four small cities and the rural county surrounding the cities. The objectives include an innovative public education, promotion and collection program designed to provide more cost-effective service. The funding would help to establish a new permanent regional household hazardous waste collection and waste exchange facility. The grant would also oartiallv fund a door-to-door collection program that would target the elderly, disabled and other households electing to pay a co-payment to supplement the cost of door-to door collection convenience. The program would use innovative outreach and promotion methods to target a broader range of materials and participants. The program goals exceed the County's current 2% diversion average by establishing a new short- term goal of 25% and a medium term goal of 50% diversion. The grant will supplement City funds, user fees and regional used oil block grant funds. Total Grant Request: $ 298.500 Certification: I declare, nnder penalty of perjury, that all information submitted for the Board's consideration for allocation of grant funds is true and accurate to the best of my knowledge and belief. Signature: Date: January Phone: (619) 691-5031 Print Name and Title of Person Authorized by Resolution: David D. Rowlands, Chula Vista City Manager JtrS BUDGET ITEMIZATION *Permanent Collection Facilities Chula Vista Reaional Site & Coronado Office, waste exchange, education trailer(s) Purchase and install facility fencing, gate, water & electrical hook-up Relocate curb, shrubs and, security lighting Facility signage (2) Canopy/wet weather-shade @ $300 ea. Storage containers & earthquake Installation 1 Coronado 2 Regional @ $24,000 ea. Rotating drum handler Spill containment deck/pallets w rails 3 @ $666 Emergency shower & eye wash (5) Horizontal drum racks @ 100 ea. (2) Storm drain cover @ $250 ea. (2)Steel ramp for modular spill pallets @ $225 55 gallon manual drum truck 25 bags absorbent (recyled material) @ $ 8 ea. Respirator - NIOSH/MSHA approved 5 @ $40 Eye Protection - 50 @ $4 ea. (2) Spill kits @ $100 ea. 40 Tyvek suits @ $4.50 ea. 50 pair neoprene gloves @ $5 ea. Shoe covers 50 @ $2 ea. Contractor/disposal costs 40% of 2,400 participants @ $75 ea. TOTAL Permanent Collection Facilities Residential Collection: Serve 333 disabled and senior non-driver households 1 % of population @ $75 ea. Reusable Collection kits 350 @ $6 Serve 2,000 able residents for $14 ea. or 20% of $70 total cost ($5 resident co-pay, Jurisdiction of origin pays $56 per collection TOTAL Residential Collection: Publicity and Education Billing Inserts, Instructions, flyers, stickers, mobile display graphics Premiums, recycled content product handouts Newspaper ads 8 quarter page adds @ $500 ea. Household Hazardous Waste Hotline TOTAL Education and Publicity Personnel/Other Costs HHW Temporary Exprt Prof. 20 hrs per/wk @ $18 per hour (permanent collection facility) Graphic Artist 8 hours per week @ $10.3622 per/hour (education and publicity) Office Assistant I - 8 hours per week @ $10.4822 per hour TOTAL Other Costs TOTAL GRANT REQUEST Exhibit E $20,000.00 8,000.00 7,000.00 1,000.00 600.00 72,000.00 3,000.00 2,000.00 750.00 500.00 500.00 450.00 300.00 200.00 200.00 200.00 200.00 200.00 200.00 100.00 $72.000.00 $ 189,400.00 $25,000.00 $2,100.00 $26.500.00 $53,600 $14,500.00 $1,000.00 $ 5,500.00 $6.000.00 $ 27,000.00 $19,500.00 $4,500.00 $ 4.500.00 $ 28,500.00 $ 298,500.00 J~~t *The estimates for facility equipment items are from the newest New Pig and Lab Safety Supply Catalog. City of National City Office of the City Manager 1243 National City Blvd., National City, CA 91950 (619) 336-4240 Tom G. McCabe - City Manager January 13, 1999 California Integrated Waste Management Board c/o \lercy Caputi. Grants Administration Unit 8800 Cal Center Drive, MS-14 Sacramento, CA 95826 Dear \ls. Caputi The City of National City authorizes the City of Chula Vista to submit to the California Integrated Waste Management Board a regional application for the Household Waste Grant- Seventh Cycle on its behalf National City will be submitting the appropriate resolution to Council prior to the March] 9, 1999 deadline ~ational City understands that pollution from household hazardous waste does not recognize jurisdictional boundaries We are pleased to work with the cities in our South Bay Watershed; Chula Vista, Coronado and Imperial Beach to provide cost effective and convenient service to all our households We appreciate your past support with regional used oil block grants and look forward to implementing an effective program for which the Board and our residents will all be proud. . ~g?ll'4- City Manager /tJ ~? ~ RESOLUTION NO. 98-4993 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF IMPERIAL BEACH, CALIFORNIA, AUTHORIZING CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH CITY OF CHULA VISTA FOR HOUSEHOLD HAZARDOUS WASTE DOOR TO DOOR SERVICE DISPOSAL WHEREAS, AB 939 requires the Municipalities of the State of California to have a Household Hazardous Waste (HHW) disposal program for the municipality's residents; and WHEREAS, the HHW program adopted by the City Council and approved by the California Integrated Waste Management Program has been terminated by the County of San Diego; and WHEREAS, Curbside Inc. has a HHW door to door service program that meets the requirements of AB 939 and the needs of the City of Imperial Beach residents; and WHEREAS, Pacific Waste Services has provided a grant of $10,000.00 to fund the City of Imperial Beach HHW disposal program for fiscal year 1998-99; and WHEREAS, the City of Chula Vista has shown an interest in contracting with Curbside Inc. for the HHW door to door service and extending that service to the City of Imperial Beach through a Memorandum of Understanding; and WHEREAS, the Curbside Inc. Contract will consist of three (3) program elements to wit: 1) Door-to-Door Collection of Household Hazardous Waste; 2) Assistance with Public Education; and 3) Customer Survey / Performance Monitoring; and WHEREAS, the collections will be available to all residents within the City of Imperial Beach; and WHEREAS, Curbside Inc., will provide the collection kits to be distributed to residents upon request for household hazardous waste pick-up; and WHEREAS, the maximum weight per stop may not exceed 200 pounds; and WHEREAS, each resident may be charged a co-payment charge; and WHEREAS, the per stop cost for collection will be approximately $75.00 less the co- payment charge; and WHEREAS, the Memorandum of Understanding with the City of Chula Vista will include payment for direct charges from Curbside Inc. with no administrative fee attached, no pass through fee. J \C1TY COUNCllICily Council Resos\98-4993.doc J?) ~ r ~ Resolution No. 98-4993 Page 2 NOW, THEREFORE, BE IT RESOLVED, that Jhe City Council of the City of Imperial Beach authorizes the City Manager to execute a Memorandum of Understanding: 1. With the City of Chula Vista if and when the City of Chula Vista enters into an agreement with Curbside Inc. for HHW door to door disposal service. 2. Subject to the approval of the final language by the City Attorney. 3. Providing language of the Agreement between Chula Vista and Curbside Inc. includes the provisions of the recitals above. 4. With the provision that the service costs for fiscal year 1998-99 will be on a reimbursement basis not to exceed the limits of the $10,000 PWS grant. PASSED, APPROVED, AND ADOPTED by the City Council of the City of Imperial Beach at its regular meeting held on the 2nd day of December, 1998, by the following roll call vote: A YES: COUNCILMEMBERS: ROSE, WINTER, BENDA, McCOY NOES: COUNCILMEMBERS: NONE ABSENT: COUNCILMEMBERS: NONE Diane Rose DIANE ROSE, MAYOR ATTEST: Linda A. Troyan LINDA A TROYAN, CMC CITY CLERK I, City Clerk of the City of Imperial Beach, do hereby certify the foregoing to be a true and exact copy of Resolution No. 98-4993 - A Resolution of the City of Imperial Beach, California, Authorizing City Manager to Execute a Memorandum of Understanding with City of Chula Vista for Household Hazardous Waste Door to Door Service Disposal /.2--~ - ?J DATE /iJ- 7 ~ January 11,1999 California Integrated Waste Management Board 8800 Cal Center Drive . Sacramento, California 95826 Dear Board Members: Subject: Letter of Support for Household Hazardous Waste Grant Application I am writing in support of a grant application to provide regional household hazardous waste (HHW) programs. For this purpose, "regional facilities" would be those facilities that accept materials from surrounding jurisdictions at a fee no greater than the cost of processing the materials or the fee charged the host jurisdiction. The City of Chula Vista is applying for a Seventh Cycle HHW Grant. The South Bay is particularly underserved by HHW facilities; except for the City of Coronado facility, which ultimately will be a Coronado-only facility and accepts materials from outside the jurisdiction on a temporary basis. According to the representative from Chula Vista, the Chula Vista facility will conform to the definition of "regional facilities" discussed above. In fact, Chula Vista plans absorb the administration costs and charge participating jurisdictions only the costs of collection, and shipping for disposal or recycling. The City of San Diego strongly support this application which oonforms with the approved Countywide HHW Element and would greatly benefit the region's ability 10 manage HHW. Sincerely, ROBERT A. EPLER Assistant Director /,?J~/O ~ COUNCIL AGENDA STATEMENT ITEM / / MEETING DATE 1/19/99 /91;JY ITEM TITLE: RESOLUTION Amending the FY 1998-99 Budget for Human Resources to include funds for consulting services for management development and appropriating funds therefore from the unappropriated balance of the General Fund SUBMITTED BY: DIRECTOR OF HUMAN RES~~ES ~ REVIEWED BY: CITY MANAGER~ 'c:5 ~ (4/5th Vote: YeslL No_l In September of 1998, Council approved creation of a Training Division within the Human Resources Department. One of the first projects undertaken by the Training and Development Manager was integration ofthe Covey leadership principles in management training. To date, all Executive Managers and some Senior and Mid-Managers have completed the intensive training course. While this training provides an excellent base on which to build a management team, some of the more individual focus is lacking. Yet attention to individual roles in relation to the City Manager and other department heads is essential if an efficient, cohesive management group is the goal. RECOMMENDATION: That the City Council approve the resolution amending the 1998-99 budget for the Human Resources Department and appropriating funds therefore. BOARD/COMMISSION RECOMMENDATION: N/A DISCUSSION: To further develop an effective management team, it is necessary to have a strong relationship between the department heads and the City Manager. This is accomplished by, among other things, good communication, clear expectations and a thorough understanding of a department head's role in relation to the City Manager and the organization. While this sounds like a relatively simple, straight-forward process, in fact it is not. Defining expectations and more finite role definitions is a lengthy and intense process. In the past, the City Manager has utilized the services of a psychologist specializing in management and employee development to work with individual managers and the City Manager. This approach has met with great success in the past, and it is recommended for all department heads and some assistant department heads in Chula Vista. 1 //--/ Page 2, Item Meeting Date 1/19/99 At the conclusion of the individual role definition sessions, the consultant would conduct a two-day seminar for all managers involved to discuss their roles and develop plans for assisting each other in achieving them. It is anticipated that the consultant would require at least 9 visits to Chula Vista and 25 hours of related work in his office at a projected cost of $30,695. The gain from the process is immeasurable when combined with the Covey Leadership training. It will be a powerful force in creating a first-class management team. An additional $3,000 for one additional training session and materials for Performance Measurement workshop provided by ICMA-Center for Performance Measurement. FISCAL IMPACT: Cost for consulting services will be $33,695. Appropriating funds therefore from the unappropriated balance of the General Fund to account 100-0250-5201. [HR:AK:D1SKIA 113\CONS 2 J/~ ;;2. RESOLUTION NO. )955rr' RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE FY 1998-99 BUDGET FOR HUMAN RESOURCES TO INCLUDE FUNDS FOR CONSULTING SERVICES FOR MANAGEMENT DEVELOPMENT AND APPROPRIATING FUNDS THEREFOR FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND WHEREAS, in September of 1998, Council approved creation of a Training Division within the Human Resources Department; and WHEREAS, one of the first projects undertaken by the Training and Development Manager was integration of the Covey leadership principles in management training; and WHEREAS, to date, all Executive Managers and some Senior and Middle Managers have completed the intensive training course; and WHEREAS, while this training provides an excellent base on which to build a management team, some of the more individual focus is lacking; and WHEREAS, attention to individual roles in relation city Manager and other department heads is essential efficient, cohesive management group is the goal; and to the if an WHEREAS, an additional training Measurement workshop Measurement. additional session and provided by $3,000 is material ICMA-Center needed for one for Performance for Performance NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby amend the FY 1998-99 budget for Human Resources to include $33,695 funds for consulting services for management development. BE appropriated Professional IT FURTHER RESOLVED that the sum of $33,695 is hereby from the unappropriated balance of the General Fund to Services Account 100-0250-5201. Presented by Approved as to form by A~ Candy Emerson, Director of Human Resources Jo Kaheny, city A , H:\home\lorraine\rs\approp.hr )/~ .3 COUNCIL AGENDA STATEMENT SUBMITTED BY: 19;539 Resolution Approving Special Salary Classifications in the Confidential ;!1\. A City Manager ---:De ~ ~Vl Director of Human Resource~ ..-?- Item / ~ Meeting Date 1/19/99 ITEM Tl11..E: Adjustments for Certain REVIEWED BY: (4/Stbs Vote: Yes _NoJ Appropriate internal relationships between classifications within a job series is the base upon which a sound classification plan is developed. In the case of the secretarial series, compaction has resulted in inequities that should be addressed if the integrity of the series is to be maintained. RECOMMENDATION: Adopt Resolution approving special salary adjustments for certain classifications in the Confidential Unit. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: For the past several years, the City of Chula Vista has wimessed the evolution of the traditional "secretary" to more of an "administrative assistant." This generally applies to all classifications in the clerical/secretarial series, but none as much as the six at the top. These classifications/positions (they are all single position classes), have transitioned into "executive assistants." While there are many duties in common, it is the other duties that differentiate one from another and all from other secretarial classifications In the series. After a review of the duties and responsibilities assigned to each and considering appropriate spreads to maintain the integrity of the series, the following is recommended: /;2 --I Page 2, Item Meeting Date 1/19/99 Classifjr!;ltinn 1}f>{'nmmPnltedJnrr~", tn Ra~p ~ll\aql. Effective 1/22/99 Executive Assistant to the City Manager Secretary to the City Attorney Secretary to the Redevelopment Agency Secretary to the Planning Commission Secretary to the Mayor and Council Secretary to the Assistant City Manager 2% 2% 2% 2% 4% 7% It is recommended that these salaries be adjusted at this time because they appear to be more out of line than others in the series. However, each of the other positions within classifications in the secretarial series will be evaluated as part of the upcoming Citywide classification study. Being in a different unit sets them apart from the many other clerical positions in all departments. For the same reasons, the other classifications in the Confidential Unit will be reviewed as part of the study. FlSCAL IMPACT: The nominal fiscal impact can be absorbed by the individual departments in which these positions are budgeted. /;2 ~ .2 RESOLUTION NO. /9331 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SPECIAL SALARY ADJUSTMENTS FOR CERTAIN CLASSIFICATIONS IN THE CONFIDENTIAL UNIT WHEREAS, for the past several years, the City of Chula vista has witnessed the evolution of the traditional "secretary" to more of an "administrative assistant"; and WHEREAS, appropriate internal classifications within a job series is the classification plan is developed; and relationships between base upon which a sound WHEREAS, in the case of the secretarial series, compaction has resulted in inequities that should be addressed if the integrity of the series is to be maintained; and WHEREAS, after a review of the duties and responsi- bilities assigned to each position, it is recommended that certain salaries be adjusted at this time because they appear to be more out of line than other in the series. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula Vista does hereby approve special salary adjustments for certain classifications in the Confidential Unit effective January 22, 1999 as follows: Executive Assistant to the city Manager 2% Secretary to the City Attorney 2% Secretary to the Redevelopment Agency 2% Secretary to the Planning commission 2% Secretary to the Mayor and Council 4% Secretary to the Assistant City Manager 7% Presented by Approved as to form by Candy Emerson, Director of Human Resources H:\home\lorraine\re\confiden );2 ~) COUNCIL AGENDA STATEMENT ITEM TITLE: Item /3 Meeting Date 1/19/99 Resolution J 15 f 0 Approving an Interim Desiltation and Grading Agreement (Poggi Canyon) between the City and Otay Project, LLC and authorizing the Mayor to execute said agreement. SUBMITTED BY: Director of Public Work-?-J / C\ \ City Managv~ ~ tJ~) (4/5ths Vote: Yes_NoX) REVIEWED BY: It is recommended that this item be continued to the meeting of 1/26/99. H:IHOMEIENGINEERIAGENDA IOR127G 1.DRS /3-' / COUNCIL AGENDA STATEMENT Itern ~~ Meeting Date 1/19/99 ITEM TITLE: Resolution /15 y'/ Approving Final Map and Subdivision Improvement Agreement for Chula Vista Tract 90-07, Sunbow II, Units 3,4 and 16, Accepting on Behalf of the City of Chula Vista General Utility and Access Easements, Sewer and Storm Drain Easements Granted on said map within said Subdivision, and approving Subdivision Improvement Agreements for the completion of improvements required by said subdivisions, and authorizing the Mayor to Execute Said Agreements B) Resolution /9 J '1;1. Approving Supplemental Subdivision Improvement Agreement for Chula Vista Tract 90-07, Sunbow II, Units 3,4 and 16, requiring Developer to comply with certain unfulfilled conditions of Resolutions Numbered 15640 and 17177 and authorizing the Ma~~xecute Said Agreement Director of Public Works \f: n . C;'Y M''''''1!(2 \>j ~ (415"" Vol., Y ~_NoXJ A) SUBMITTED BY: REVIEWED BY: On May 22, 1990, by Resolution No. 15640, the City Council conditionally approved the Tentative Subdivision Map for Chula Vista Tract 90-07, Sunbow II (see Attachment 1). On that tentative map, unit boundaries were delineated. On May 13, 1997, by Resolution No. 18660, the City Council approved the First Final Map for Sunbow II, Phase lA . The Final Map, Subdivision Improvement Agreement, and Supplemental Subdivision Improvement Agreement for Phase IB, Units 3,4 and 16 are now before Council for consideration and approval. RECOMMENDATION: Subdivision Improvement Agreement. That Council approve the resolutions approving: (A) the Final Map and Agreement and; (B) the Supplemental Subdivision Improvement BOARDS/COMMISSIONS RECOMMENDATION: N/A. DISCUSSION: Final Map and Associated Improvernent Agreements The Sunbow II Project is generally located north and south of Olympic Parkway, south of Telegraph Canyon Road, west of Otay Ranch SPA I, and east of Oleander Avenue (see Attachment 2). Units 3,4 and 16 are generally located south of Sunbow I, east of Medical Center Drive, and north and south of the newly constructed easterly extension of East Palomar Street (see Attachment 3) . )~~/ Page 2, Item Meeting Date 1/19/99 The Final Map for Chula Vista Tract 90-07, Sunbow II, Phase IB, Units 3,4 and 16, consists of: a. 203 Single Family residential lots (Lots I through 203). These lots represent Units 3 (Lots 1 through 110) and Unit 4 (Lots III through 203), respectively; b. One (I) Commercial site (Lot 204) located at the northeast corner of the intersection of Medical Center Drive and East Palomar Street. This 9.959 gross acre site represents Unit 16, as shown on the Tentative Subdivision Map; c. Five (5) Open Space lots (Lots "A", "B", "C", "D" and "E") which have been offered for dedication in fee interest on the map for open space, public utilities, and other public uses and will be accepted on behalf of the City of Chula Vista. No. of Number of Lots for Open Space, Total Final Map Single Public Utilities / Other Public Uses Acreage Family Units UNIT 3 1 10 3/26.923 5 1 .758 UNIT 4 93 2/1 .501 21 .227 UNIT 16 COMM. 0/0 9.959 LOT TOTAL 204 5/28.424 82.944 The Final Map for said subdivision has been reviewed by the Public Works and Planning Departments and found to be in substantial conformance with the approved Tentative Subdivision Map. Approval of the Final Map constitutes acceptance by the City of all drainage, sewer, tree planting, general utility, and general access easements within the subdivision. Approval of the map also constitutes acceptance, on behalf of the public, of portions of East Palomar Street, together with Canyonview Drive, Cirrus Place, Eclipse Street, High Cloud Drive, Prism Street, Skyridge Drive, Spectrum Court, Suncrest Drive, and Sundial Drive, all as shown on the final map for the proposed subdivision. Approval of the map also constitutes acceptance of a ten foot-wide general utility and general access easement within Open Space Lots "A", "B", "C", "D" and "E" for the installation and maintenance of public utilities, noting that use of said easement by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista. /~~;2. Page 3, Item Meeting Date 1/19/99 The developer has executed a Supplemental Subdivision Improvement Agreement to satisfy remaining conditions of City Council Resolution No. 15640 and the Planning Commission resolution approving a one-year time extension, as affirmed by City Council Resolution No. 17177 (see Attachment 4). The Supplemental Subdivision Agreement addresses those conditions. However, because the Tentative Subdivision Map for Sunbow II is approximately ten years old, staff has re-evaluated three major conditions originally agreed to by the Developer on said map. These three conditions involve construction of various segments of Olympic Parkway, construction of an acceptable Fire Station and resolution of the Parks issue. OLYMPIC PARKWAY The developer has entered into an agreement for the construction of Olympic Parkway between Oleander A venue and Brandywine A venue whereby if the City does not receive Federal funding reimbursement for its construction within two years, the developer remains ultimately responsible for completion of the design, bonding and construction, as applicable, of said facility. The Developer further agrees to provide security for said facility prior to approval of the Final Map for Phase lB. The requirements for construction, phasing, security measures, ultimate financing responsibilities for this facility will be re-evaluated prior to the approval for Phase III. In addition, if the Developer does not ultimately construct Olympic Parkway because of the availability of Federal Funding, Developer agrees to provide the City with an improvement security in the amount of $1.5 million for the construction of a portion of Olympic Parkway apart from the Olympic Facility mentioned above. This improvement security shall be provided to the City contemporaneous with the signing of the Supplemental Subdivision Improvement Agreement. On or before December 31, 2000, Developer shall replace this security with a $1.5 million cash deposit. Developer acknowledges and agrees that should Developer fail to substitute the improvement security with a $1.5 million cash deposit when required, Developer shall construct a portion of Olympic Parkway as determined by the City Engineer, which portion shall have a value equivalent to $1.5 million. FIRE STATION Developer agrees to provide turnkey fire prevention facilities and equipment, including the construction of a 4,000 square foot fire station on a net usable 0.8 acre site deemed suitable by the City's Fire Chief, in accordance with the SUNBOW II Public Facilities Financing Plan. Fire Station shall be provided within 2 years of Council approval of the Supplemental Subdivision Improvement Agreement or prior to occupancy of the 735 th unit for the project, whichever is earlier. The value of the land subject to credit shall not exceed $217,800.00. The Developer further agrees to provide or secure said facilities and equipment in accordance with a schedule submitted by the Developer and as approved by the Fire Chief and in accordance with any City Council adopted Plan relative to such facilities and equipment. /~/3 Page 4, Item Meeting Date 1/19/99 PARKS Developer and City agree to negotiate in good faith within 120 days of Council approval of this Agreement, a Park agreement concerning Developer's neighborhood and conununity park obligations as described in the applicable tentative map conditions and the Sunbow II Public Facilities Finane ing Plan. The City has identified other park and recreation opportunities which they believe would better meet the needs of the City in lieu of the original condition to provide a lO-acre Park and Recreation complex at Unit 15 (Attachment 5). Discussions between the City and Developer include a potential park site located at the original industrial complex location along Olympic Parkway at the subdivision's eastern boundary. These discussions include the possible land use change in Unit 19 of the Tentative Map to include the addition of a 24-acre Sports Complex. Please note that the developer's disclosure statement, the May 22, 1990 City Council minutes pertaining to approval of the Tentative Subdivision Map, and the July 20, 1993 City Council minutes pertaining to the City Council's affirmation of a Planning Conunission resolution to approve a one- year Tentative Subdivision Map extension are included as Attachments 6,7, and 8 respectively. The developer has also executed a Subdivision Improvement Agreement for this map and has provided bonds from a sufficient surety to guarantee construction of the required public improvements (Chula Vista Drawings, 98-967 through 98-987, and 98-989 through 98-993). The developer has paid all applicable fees and has also provided a bond to guarantee the subdivision monumentation and benchmarks. The Developer has further agreed to provide improvement securities to guarantee labor, material and faithful performance for the following: Labor & Faithful Public Improvements Materials Performance Drawing Nos. East Palomar Street $692,500.00 $692,500.00 98-989 to 98-993 Major Infrastructures U-3 $1,343,650.00 $1,343,650.00 98-967 to 98-987 Major Infrastructures U-4 $1,266,000.00 $1,266,000.00 98-967 to 98-987 $50,000.00 Monumentation TOTAL N/A N/A Olympic Parkway-Oleander Ave.-Brandywine Ave. $1,125,000.00 $1,125,000.00 TO BE DETERMINED Olympic Parkway-On Site $750,000.00 $750,000.00 TO BE DETERMINED Fire Station located on Lot X $750,000.00 $750,000.00 TO BE DETERMINED /J/-?j Page 5, Item Meeting Date 1/19/99 FISCAL IMPACT: None. All staff costs associated with processing of improvement plans and final map will be reimbursed from developer deposits. Further, the applicant has paid for all costs associated with the processing of the Affordable Housing Agreement. Attachments: FXRJdek Attachment I: Resolution #15640 dated 5/22/90 NOT St.:A!Xl'....A.- Attachment 2: Sunbow II Location Map v . Attachment 3: Plat - Sunbow II, Units 3,4 and 16 ~ Attachment 4: Resoluti.Qn # 17177 dated 7/22/93NOT SCANNED Attachment 5: Plat v Attachment 6: Developer's Disclosure Statement v = Attachment 7: Minutes of 5/22/90 Regarding Resolution No. 1564~OT SCANNEJ) Attachment 8: Minutes of7/20/93 Regarding One-Year Tentative Map Extension NOT SCANNED File No. 0600-80-SBOllF 0735-1O-0SD35 January 13. 1999 (2:22pm) [H: \shared\attorney\CASUNBO 1 B. DEK] / L/'~ S- RESOLUTION NO. /f3tJ; RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A FINAL MAP OF CHULA VISTA TRACT NO. 90-07, SUNBOW II, PHASE 1B, UNITS 3, 4 AND 16, ACCEPTING ON BEHALF OF THE CITY PUBLIC STREETS AND EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE CITY ALL OPEN SPACE LOTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, AND APPROVING THE SUBDIVISION IMPROVEMENT AGREEMENT FOR THE COMPLETION OF IMPROVEMENTS REQUIRED BY SAID SUBDIVISION, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds that that certain map survey entitled Chula vista Tract 90-07 SUNBOW II, PHASE IB, UNITS 3, 4 AND 16, and more particularly described as follows: Being a subdivision of portions of remainder lot and Lot "Y" of Chula Vista Tract No. 90-07, Sunbow II, Units 1 and 2 according to Map No. 13423, in the City of Chula Vista, County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, May 28, 1997. Area: 82.944 acres Numbered Lots: 204 No. of Lots: 209 Lettered Lots: 5 is made in the manner and form prescribed by law and conforms to the surrounding surveys; and that said map and subdivision of land shown thereon is hereby approved and accepted. BE IT FURTHER RESOLVED, said Council hereby accepts on behalf of the City of Chula Vista, Open Space Lots A, B, C, D and E for open space and other public purposes, Canyonview Drive, Cirrus Place, Eclipse Street, portions of East Palomar Street, High Cloud Drive, Prism Street, Skyridge Drive, Spectrum Court, Suncrest Drive, Sundial Drive, the 5-1/2 foot easements with the right of ingress and egress for the construction and maintenance of tree planting along dedicated streets, the ten foot general utility and access easements within Lots IlA", "B", "e", IIDlI and "Ell for installation of public utilities, the landscape buffer easements with the rights of ingress and egress for the construction and maintenance of landscaping, and the drainage easement within Lot 15, the sewer easement within Lot 16, and the sewer and drainage easements within Lot "A" with the rights of ingress and egress for the construction and maintenance of sewer and drainage facilities, 1 11//1-/ noting that use of said general utility, sewer, drainage, landscape buffer and tree planting easements by others is subject to written permission and issuance of an Encroachment Permit from the City of Chula Vista, all as shown on this map within this sUbdivision, subject to the conditions set forth thereon. BE IT FURTHER RESOLVED that the City Clerk be, and is hereby directed to transmit said map to the Clerk of the Board of Supervisors of the County of San Diego. BE IT FURTHER RESOLVED that that certain Improvement Agreement dated the day of 19__, for the completion of improvements in said copy of which is on file in the office of the DOCUffiC:at :He. , is ILt::J..ebjl a1J~LUVt::J./. Subdivision , subdivision, a City Clerk ___ Presented by Approved as to form by John P. Lippitt Director of Public Works ~~~ city Attorney c: \Res\Sunbow 2 /1//1/';2.. Recording Requested by: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 No transfer tax is due as this is a conveyance to a public agency of less than a fee interest for which no cash consideration has been paid or received. Declarant SUBDIVISION IMPROVEMENT AGREEMENT THIS AGREEMENT, made and entered into this day of January, 1999, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "City", and ACI SUNBOW, LLC, 750 "B" Street, Suite 2370, San Diego, California 92101 hereinafter called "Subdivider" with reference to the facts set forth below, which Recitals constitute a part of this Agreement; RECITALS: WHEREAS, Subdivider is about to present to the City Council of the City of Chula Vista for approval and recordation, a final subdivision map of a proposed subdivision, to be known as Sunbow II, Phase 1B, Units 3, 4 and 16 pursuant to the provisions of the Subdivision Map Act of the State of California, and in compliance with the provisions of Title 18 of the Chula Vista Municipal Code relating to the filing, approval and recordation of subdivision map; and WHEREAS, the Code provides that before said map is finally approved by the Council of the City of Chula Vista, Subdivider must have either installed and completed all of the public improvements and/or land development work required by the Code to be installed in subdivisions before final maps of subdivisions are approved by the Council for purpose of recording in the Office of the County Recorder of San Diego County, or, as an alternative thereto, Subdivider shall enter into an agreement with City, secured by an approved improvement security to insure the performance of said work pursuant to the requirements of Title 18 of the Chula Vista Municipal Code, agreeing to install and complete, free of liens at Subdivider's own expense, all of the public improvements and/or land development work required in said subdivision within a definite period of time prescribed by said Council; and 1 )iJA ~ WHEREAS, Subdivider is willing in consideration of the approval and recordation of said map by the Council, to enter into this agreement wherein it is provided that Subdivider will install and complete, at Subdivider's own expense, all the public improvement work required by City in connection with the proposed subdivision and will deliver to city improvement securities as approved by the City Attorney; and WHEREAS, a tentative map of said subdivision has heretofore been approved, subject to certain requirements and conditions, as contained in Resolution No. 15640, approved on the 22nd day of May, 1990 ("Tentative Map Resolution"); and WHEREAS, complete plans and specifications for the construction, installation and completion of said public improve- ment work have been prepared and submitted to the City Engineer, as shown on Drawings set forth on Exhibit "A" and on file in the office of the City Engineer; and WHEREAS, an estimate of the cost of constructing said public improvements according to said plans and specifications has been submitted and approved by the City in the amount as set forth on Exhibits "A-I" through "A-3" hereto and incorporated herein. FOLLOWS: NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS 1. Subdivider, for itself and his successors in interest, an obligation the burden of which encumbers and runs with the land, agrees to comply with all of the terms, conditions and requirements of the Tentative Map Resolution; to do and perform or cause to be done and performed, at its own expense, without cost to City, in a good and workmanlike manner, under the direction and to the satisfaction and approval of the City Engineer, all of the public improvement and/or land development work required to be done in and adj oining said sUbdivision, including the improvements described in the above Recitals ("Improvement Work"); and will furnish the necessary materials therefor, all in strict conformity and in accordance with the plans and specifications, which documents have heretofore been filed in the Office of the City Engineer and as described in the above Recitals and on Exhibit "A" and by this reference are incorporated herein and made a part hereof. 2. It is expressly understood and agreed that all monuments have been or will be installed within thirty (30) days after the completion and acceptance of the Improvement Work, and that Subdivider has installed or will install temporary street name signs if permanent street name signs have not been installed. 3. It is expressly understood and agreed that Subdivider will cause all necessary materials to be furnished and all 2 /'1/;;1( Improvement Work required under the provisions of this be done on or before the second anniversary date approval of the Subdivision Improvement Agreement. contract to of Council 4. It is understood and agreed that Subdivider will perform said Improvement Work as set forth hereinabove, or that portion of said Improvement Work serving any buildings or structures ready for occupancy in said subdivision, prior to the issuance of any certificate of clearance for utility connections for said buildings or structures in said sUbdivision, and such certificate shall not be issued until the city Engineer has certified in writing the completion of said public improvements or the portion thereof serving said building or structures approved by the City; provided, however, that the improvement security shall not be required to cover the provisions of this paragraph. 5. It is expressly understood and agreed to by Subdivider that, in the performance of said Improvement Work, Subdivider will conform to and abide by all of the provisions of the ordinances of the City of Chula Vista, and the laws of the State of California applicable to said work. 6. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the city in the sum as set forth on Exhibit "A" hereto which security shall guarantee the faithful performance of this contract by Subdivider and is attached hereto, marked Exhibits "B-1", "B-2" and "B-3" and made a part hereof. 7. Subdivider further agrees to furnish and deliver to the City of Chula vista simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum as set forth on Exhibit "A" hereto to secure the payment of material and labor in connection with the installation of said public improvements, which security is attached hereto, marked Exhibits "C-1", "C-2" and "C-3" and made a part hereof. 8. Subdivider further agrees to furnish and deliver to the City of Chula vista, simultaneously with the execution of this agreement, an approved improvement security from a sufficient surety, whose sufficiency has been approved by the City in the sum of Fifty Thousand Dollars and No Cents ($50,000.00) to secure the installation of monuments, which security is attached hereto, marked Exhibit "D" and made a part hereof. 9. It is further agreed that if the Improvement Work is not completed within the time agreed herein, the sums provided by said improvement securities may be used by City for the completion of the Improvement Work within said subdivision in accordance with 3 /J/r? -; such specifications herein contained or referred, or at the option of the City, as are approved by the City Council at the time of engaging the work to be performed. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to Subdivider or its successors in interest, pursuant to the terms of the improvement security. Subdivider agrees to pay to the City any difference between the total costs incurred to perform the work, including design and administration of construction (including a reasonable allocation of overhead), and any proceeds from the improvement security. 10. It is also expressly agreed and understood by the parties hereto that in no case will the City of Chula Vista, or any department, board or officer thereof, be liable for any portion of the costs and expenses of the work aforesaid, nor shall any officer, his sureties or bondsmen, be liable for the payment of any sum or sums for said work or any materials furnished therefor, except to the limits established by the approved improvement security in accordance with the requirements of the State Subdivision Map Act and the provisions of Title 18 of the Chula Vista Municipal Code. 11. It is further understood and agreed by Subdivider that any engineering costs (including plan checking, inspection, materials furnished and other incidental expenses) incurred by City in connection with the approval of the Improvement Work plans and installation of Improvement Work hereinabove provided for, and the cost of street signs and street trees as required by City and approved by the City Engineer shall be paid by Subdivider, and that Subdivider shall deposit, prior to recordation of the Final Map, with city a sum of money sufficient to cover said cost. 12. It is understood and agreed that until such time as all Improvement Work is fully completed and accepted by city, Subdivider will be responsible for the care, maintenance of, and any damage to, the streets, alleys, easements, water and sewer lines within the proposed subdivision. It is further understood and agreed that Subdivider shall guarantee all public improvements for a period of one year from date of final acceptance and correct any and all defects or deficiencies arising during said period as a result of the acts or omission of Subdivider, its agents or employees in the performance of this agreement, and that upon acceptance of the work by City, Subdivider shall grant to City, by appropriate conveyance, the public improvements constructed pursuant to this agreement; provided, however, that said acceptance shall not constitute a waiver of defects by City as set forth hereinabove. 13. It is understood and agreed that City, as 4 /1/J-t indemnitee, or any officer or employee thereof, shall not be liable for any injury to person or property occasioned by reason of the acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement. Subdivider further agrees to protect and hold the City, its officers and employees, harmless from any and all claims, demands, causes of action, liability or loss of any sort, because of or arising out of acts or omissions of Subdivider, its agents or employees, or indemnitee, related to this agreement; provided, however, that the approved improvement security shall not be required to cover the provisions of this paragraph. Such indemnification and agreement to hold harmless shall extend to damages to adjacent or downstream properties or the taking of property from owners of such adjacent or downstream properties as a result of the construction of said subdivision and the public improvements as provided herein. It shall also extend to damages resulting from diversion of waters, change in the volume of flow, modification of the velocity of the water, erosion or siltation, or the modification of the point of discharge as the result of the construction and maintenance of drainage systems. The approval of plans providing for any or all of these conditions shall not constitute the assumption by City of any responsibility for such damage or taking, nor shall City, by said approval, be an insurer or surety for the construction of the subdivision pursuant to said approved improvement plans. The provisions of this paragraph shall become effective upon the execution of this agreement and shall remain in full force and effect for ten (10) years following the acceptance by the City of the improvements. 14. Subdivider agrees to defend, indemnify, and hold harmless the City or its agents, officers, and employees from any claim, action, or proceeding against the City or its agents, officers, or employees to attack, set aside, void, or annul, an approval of the City, advisory agency, appeal board, or legislative body concerning a subdivision, which action is brought within the time period provided for in Section 66499.37 of the Government Code of the State of California. (NEXT PAGE IS SIGNATURE PAGE) 5 /'1/f --- 7 SIGNATURE PAGE TO SUBDIVISION IMPROVEMENT AGREEMENT SUNBOW II, PHASE lB, UNITS 3, 4 AND 16 IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first hereinabove set forth. CITY OF CHULA VISTA ACI SUNBOW, LLC, a California Limited Company Shirley Horton, Mayor By: /~y!!- Pr~\~~ (Title) Attest: Susan Bigelow, city Clerk Approved as to form: ~~1YH C' ~J- John . Kaheny, City Atto~ney H:\home\attorney\sia\SunbowII 6 Ii//? ~ r EXHIBIT A TO SUBDIVISION IMPROVEMENT AGREEMENT FOR SUNBOW II PHASE 1B Public Improvements Labor & Faithful Drawing Nos. Materials Performance Major Infrastructures U-3 $1,343,650.00 $1,343,650.00 98-967 to 98-987 Major Infrastructures U-4 $1,266,000.00 $1,266,000.00 98-967 to 98-987 East Palomar Street $692,500.00 $692,500.00 98-989 to 98-993 Monumentation $50,000.00 N/A N/A TOTAL securities approved as to form and amount city Attorney Improvement Completion Date: Two (2) years from date of Council approval of the Subdivision Improvement Agreement )1/1 ~ I EXHIBIT "A-1" PUBLIC WORKS IMPROVEMENTS (NEIGHBORHOOD 3 EXCLUDING EAST PALOMAR STREET) LIST OF EXHIBITS Exhibit "B-1" Improvement Security - Faithful Performance: Form: Bond Amount: $1,343,650.00 Exhibit "C-1" Improvement Security - Material and Labor: Form: Bond Amount: $1,343,650.00 Exhibit "D" Improvement Security - Monuments: (ENTIRE SUBDIVISION) Form: Bond Amount: $50,000.00 H:\home\attorney\sia\SunbowII /J/4 -JtJ EXHIBIT "A-2" PUBLIC WORKS IMPROVEMENTS (NEIGHBORHOOD 4 EXCLUDING EAST PALOMAR STREET) LIST OF EXHIBITS Exhibit "B-2" Improvement Security - Faithful Performance: Form: Bond Amount: $1,266,000.00 Exhibit "C-2" Improvement Security - Material and Labor: Form: Bond Amount: $1,266,000.00 H:\home\attorney\sia\sunbowII )Y/J~// Exhibit "B-3" Exhibit "C-3" H:\home\attorney\sia\SunbowII EXHIBIT "A-3" PUBLIC WORKS IMPROVEMENTS (EAST PALOMAR STREET) LIST OF EXHIBITS Improvement Security - Faithful Performance: Form: Bond Amount: $692,500.00 Improvement Security - Material and Labor: Form: Bond Amount: $692,500.00 Jif/l ~ /2 CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT ~~-<2t...c<'..c<'-<X"-C<'-C<'-<X'-c<'-C<'..c<'-c<'-<X'-c<'-c<'-<X"'..c<'..c<'-o('~~~&'f'Q2..~...:;<'~~&f'&'f'~~-<X'~~~&<'~<<~~ ~, State of California } ~ ~ ~ "'" ss. p, ~ County of ~~ vi e~ p, ~ p, ~ ..-:' ~"'\ J.... , . .~ ( I r g ~ On:JA.~l~(c;I<l1'1'1beforeme, l€ve.s.c:t.~c.oC=.(- A~~"':1VLtjo~, ~ B 0", I J' _ ~ i I ^ N,m, ,"~T1t1' of Dffi", (',g" 'J,,, Do,. No',,,, POb"'.';; p personally appeared ~e}-w... ~ . ~ , ~ F' Name(s)of Signer(s) g ~ )S'personally known to me ~ ~ D proved to me on the basis of satisfactory p, S evidence p, S p, ~ to be the person(s) whose name(s) is/are P, p ,------------( g ~ ~ @' f ~ cO:~~~~~C~~;613 r :~~~~:~eeddge~Oto t~: t~:~~/s~~~t~~~:~~cu~~~ $ ~ H~f.,' Notary Public - California f the same in his/her/their authorized g ,~ J''''' , Son Diego County [ capacity(ies), and that by his/her/their g ,Q J . Myconnm.E><piresApr24.2002l signature(s) on the instrument the person(s), or g ~ - - - - - - - - - - - - the entity upon behalf of which the person(s) :S ~, acted, executed the instrument. ~ ~ WITNES my hand and official seaL S o X B X R, X ,. Place Notary Seal Above ::> p g ? g ,1 OPTIONAL g ~ Though the information below is not required by Jaw, it may prove valuable to persons relying on the document g ~ and could prevent fraudulent removal and reattachment of this form to another document. :~ o ~ ~ Description of Attached Document ,I. ","---' .J ~ ~ ~ ::: Title or Type of Document: 6u..r:>& t v'k5 i2>v\ J..~ ~~ (,'Ul~ q '\~ 10 ~. . Document Date: Number of Pages:,., ~ g ,~ Signer(s) Other Than Named Above: -=:() ~ ~ q ? Capacity(ies) Claimed by Signer '\ .~ Signer's Name: a,. , :J Individual ~ '11 .-...-'" ~ @'CorporateOfficer-Title(s): i'ie4.~ Topoffhombhe,e ~ ~ b Partner - :J Limited :J General q Q 0 Attorney in Fact ~ > 0 Trustee ~ ,~ C Guardian or Conservator ~ '~ C Other: ~ J Signer Is Representing: ~. reS. ~J ~ ' ~ y g , 0 '~'C{;<c.<.:'C{.'O.:.'C/-::-~-cz:.'C.Z.-~~<<<<'<X-<<'C<.;.'<X<<~~'<'%"~"0::'t%-o::."O:;.~<<~~'<;X..X%~~'~.(}(x;~:'(':'<X--xx..'<;X.'<X.'~.<}C~<<'<'Z~j @1997NationaINotaryAssociation.9350DeSotoAve., P.O. Box 2402. Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 /L)/l~/;J RESOLUTION NO. /131c2 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT 90-07, SUNBOW II, UNITS 3, 4 AND 16 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT WHEREAS, the developers of Sunbow have executed a Supplemental Subdivision Improvement Agreement (SSIA) in order to satisfy Conditions of Resolution Nos. 15640 and 17177 for Sunbow II, Phase IB, units 3, 4 and 16, Chula Vista Tract No. 90-07. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula vista does hereby approve the Supplemental Subdivision Improvement Agreement for Chula Vista Tract No. 90-07, a copy of which is on file in the office of the City Clerk.-as- "DO\....UlIIlCut no~ BE IT FURTHER RESOLVED that the Mayor of the City of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the city of Chula vista. Presented by Approved as to form by ~TJ7l CN~-c..c.1- Joh Kaheny C/ City Attorney John P. Lippitt Director of Public Works c: \Res\sunbow. Sup )i/(J ~ / City Clerk ) ) ) ) ) ) ) ) ) ) ) No transfer tax is due as this is a ) conveyance to a public agency of ) less than a fee interest for which ) no cash consideration has been paid ) or received. ) ) ) ) ) ) ) RECORDING REQUESTED BY: WHEN RECORDED MAIL TO: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Developer Above Space for Recorder's Use SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT (Conditions 9, 34, 45, 55, 56, 60, 67, 72, 79 and 89 of Resolution 15640 and Conditions 93 and 94 of Resolution 17177) This Supplemental Subdivision Improvement Agreement ("Agree- ment") is made this ___ day of January, 1999, by and between THE CITY OF CHULA VISTA, California ("city" or "Grantee" for recording purposes only) and ACI Sunbow, LLC a California Limited Liability Company ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals constitute a part of this Agreement: 1 )'/8"';2 I t n. ___ J ~ ~ ~ / / / ~ ~ ~ ~ ~ 1 ( L-- , ~ , , , ~ ~ ~ ~ ~ c:=- y ()~ ~ , '- .. \ \ '\ ) -1-, .. CHULA VISTA PLANNING DEPARTMENT LOCATOR PROJE::7 ACI SUNBOW LLCI PROJECT DESCRI?nON: C) APPUc=:' AYRES DEV::LOPMENT . PRCJ::=:- SUNBOW II ADDP~: SUNBOW II SCAL.2 RL.::NUME5t -r9I'I~ 'v ATTACHMENT 2 NORTIi Nc Scaie ?CM-97-21 ".~ ~.__. "'~ -- RECITALS A. This Agreement concerns and affects certain real property located in Chula Vista, California, more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property"). The Property is referred to as Sunbow II, Phase 1B, Units 3, 4, and 16, Chula vista Tract 90-07. For purposes of this Agreement the term "Project" shall mean "Property". B. Developer is the owner of the Property. C. Developer has applied for and the City has approved a Tentative Subdivision Map commonly referred to as Chula Vista Tract 90-07, SUNBOW Phase 1B, Units 3, 4, and 16 ("Tentative Subdivision Map") for the subdivision of the Property. D. The City has adopted Resolutions No. 15640 and 17177 ("Resolution") pursuant to which it has approved the Tentative Subdivision Map subject to certain conditions as more particularly described in the Resolutions, copies of which are attached hereto as Exhibits "B" and "C" and incorporated herein. E. City is willing, on the premises, security, terms and conditions herein contained to approve the final map for which Developer has applied as being in substantial conformance with the Tentative Subdivision Map described in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein contained, the parties agree as set forth below. 1. Agreement Applicable to Subsequent Owners. 1.1 Agreement Binding Upon Successors. This Agreement shall be binding upon and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the Property until released by the mutual consent of the parties. 1.2 Agreement Runs with the Land. The burden of the covenants contained in this Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own right and for the purposes of 2 /t/[JrJ ,. l ... ---~----~'------ --- Sunbow II 8 NOT TO SCAL ') '. \ ) 1 """"'" ..."'" I{ \ \ PHASE 1 B --J = . PROPOSED LOW INeOIvlE SITES Village 13 Village 17 ;:;"".C VlIage 19 lndust..-ial . PROPOSED MODEK"'_l.:: meow SITES Village 12 Village 13 Village i 4 /~~ -3 ATTACHMENT 3 '\ r;11.........c> 1-; ~;2-1 -'"-. ,,_, 'J protecting the interest of the community and other parties public or private, in whose favor and for whose benefit of such covenants running with the land have been provided without regard to whether City has been, remained or are owners of any particular land or interest therein. If such covenants are breached, the City shall have the right to exercise all rights and remedies and to maintain any actions or suits at law or in equity or other proper proceed- ings to enforce the curing of such breach to which it or any other beneficiaries of this agreement and the covenants may be entitled. a. Developer Release on Guest Builder Assignments. If Developer assigns any portion of the Project, Developer may have the right to obtain a release of any of Developer's obligations under this Agreement, provided Developer obtains the prior written consent of the City to such release. Such assignment shall, however, be subj ect to this Agreement and the Burden of this Agreement shall remain a covenant running with the land. The city shall not withhold its consent to any such request for a release so long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the obligations of the Developer under this Agreement, and demonstrates, to the reasonable satisfaction of the city, its ability to perform its obligations under this Agreement as it relates to the portion of the Project which is being acquired by the Assignee. b. Partial Release of Developer's Assignees. If Developer assigns any portion of the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee, the City shall release the assignee of the Burden of this Agreement as to such assigned portion if such portion has complied with the requirements of this Agreement and such partial release will not, in the opinion of the city, jeopardize the likelihood that the remainder of the Burden will not be completed. 2. Conditions No.9 and No. 34. (Street Improvements). In partial satisfaction of Conditions No. 9 and 34 of Resolution No. 15640, the Developer: a. Agrees that the City may withhold building permits for any units in the Property if anyone of the following occur: 3 /'/$ /1/ i J/ 1/ ! / , I , , t! .' s/ , t~ ~ : ell..< :; , -~ 'I : s ~~ :: r ...,;....:.: . . .' -:- - '" =. ~ z - ef) < r:- ef) ~ ""- ill :..:..: - ..::- G? = ,~ -1 < '---' x ~~ U ~ "' < Z ~ ::J () -1 rJ) :D ::J ::l. - -- :- ;::=- . " w v.5 w < <w ?; ~= - - 11:::: =3 t?[/ ~I < < v.< w 00 ~ " w_ " .w -~ ~.:: c 2::- < r::-:) w w _w ~ '" wv ~I ?; ;; ~< '" -< " w - w_ '~ '" w ~ ;;; -' v ?; ::::: = w -' "" ~ o ;? " v \ \""'\ \ '" , \ ", <\\.'" ~ \{, '.. " i :. \. : \\ ~ \\;,\ !i i -:. '. ~ 1 I \ \) \\\- \\ II I." II 11 I ~ [. II I... ,II II I II \ . 1 "/ -- ~ i:; ~~/ S: ~_:.> '" ~- ~ 1;1 i,l ':\ \.' \ ;. \ " , \ ~ \ \\ / \: " I', \ \\ \ ,: 1 \\ \ \, ~ ~ = o <: o rr z o >- z <: o I "- <: rr o w -' W I-- \ '\ w= Ulw 5~ 2- ,\ \ ::: " = UJ< :.1).... <= == '" o "- ::E >- II / / / ' 3/r/IiQ 1i3.LN30 71'010301 w ':: C/) '" rr <: "- w rr 0 << ~ 0 -' << ~ \ 0 \....--- 0: 0 \ \\ 2~jJlg-i "" ...~j \=::=::.:-:::- -:::;:;r / :=.---; I ......0( . - , ~ . -. - : i; ,-- ! ,: .........' ". - ~!= 'i. t, --::: ~ ~ -:.....;,. .: II) I- Z W ~ % o ~ l- I- ~ 1. Regional development thresholds limits set by the East Chula Vista Transportation Phasing Plan have been reached. 2. Traffic volumes, levels of service, public utilities and/or services exceeding the adopted City threshold standards. b. Agrees that the City may withhold occupancy permits for any of the phases of development identified in the Sunbow Public Facilities Financing Plan (SPFFP) if the required public facilities, as identified in the SPFFP or as amended by the Annual Monitoring Program have not been completed. The property owner may propose changes in the timing and sequencing of development and the construction of improvements affected. In such case, the SPFFP may be amended as approved by the City Planning Director and Public Works Director. Developer understands and agrees that the following two facilities must be constructed for Sunbow Phase lB: Facilities Olympic Parkway - Construct five lanes of a six-lane Major Oleander Avenue to Medical Center Drive (Brandywine Avenue) (hereinafter "The Olympic Facility") East Palomar Street - Construct four-lane Major - Medical Center Drive to limit of Phase lB development (as more particularly described in the Subdivision Improvement Agreement executed by the parties hereto) . c. Agrees to construct within 2 years of City Council approval of this Agreement The Olympic Facility unless federal funding becomes available as set forth in d.i. below within that 2 year period sufficient to construct The Olympic Facility as described above. 4 /1/0 --? CITY OF CHULA VISTA DISCLOSURE STATEMENT You are ~ to file a SlalemeD! of Disclosure of c=in OWIIeIShip or fin=ial inlerests. paymentS. or """'Paign conttibutiOJ15 on all matters whicI1 will require discretionary action on ~ part of the City Council. PI;cmio.g Commission. and all other officUJ bodies. Tbe following infozmatian must be disclosed: L List the names of all penoDS having a nnoncia1 inIeresl in the pwpc:tY which is the subjea of the application or the Comracl, e.g., owner, applicant, C=, suIx;onttacror, malerial ropplier, etc. ACT Sunbow, LLC Loma Corporation Ay~es Land Company, Inc. GLV Capital Partners 2. If any person" M_nrifiP'rl pt>mWI! to (I) above is a ..a.po,.ttion or parmmhip. list !be names of all i%IdividIlah owcillg more than 10% of the shares in 1be C01JlOl.uiOll or 0WDing any parmmhip inl=sr in the parmrnhip. Ayres Land Company - Keith J. Horne Loma Corporation - William R. Hamlin GLV Capital Partners - Amanda Gruss Trust Josnua Gruss lrust 3. If any pmon' idemified puISU8IlllO (1) above is a non-profil olpIlizalion or a ll1ISl, list the names of any person serving as director of !be non-profit organiz.alion or as = 0[ beneficia%)' 0[ !!USror of lbe tIUSl. GLV Capital Partners Amanda Gruss Trust Amanda Gruss beneficiary .,.Joshua Gruss Trus t Joshua Gruss beneficiary 4. Have you had more than 5250 wonh of business tra1lS3Clcd willi any member of !be City staff, Boards, C,,~"';";""". C<lmm;........ and Council widIin!be past twelve IllOIIIhs? Yes_ No~ If yes, please iDdicare person(s): 5. Please idcllify each and every person, including ~, employee!. cansuIrams, or mrl"!,,",,rl""r Conttactor! who YOIl have ...signed to repro= you before the City in this mailer. Kei:~ J. Horne Paul E. Robinson, Esq. William R. Hamlin Don Druse John M. Leach Roger Ball 6. Have you aDdIor your officers or agent!. in the aggregate, comriOUIed more !ban Sl,ooo to a C='J member in the == orpreccding e1e::tion period? Yes_ No_If yes, = wbicll C01IllCil member(.): . . . (NOTE: Attach AclditionaI Pag~ ~~) . . . December 2. 1998 ;'~ ~~ . Sigoatllrl! of C~/AppliC3IJt Keith J. Horne Prime<! or Typed Name at C<l=r/Applicam . :&mol u tkjiMd as: "Any indilIid1IaI. fiTm, ~P. jow _e. assodorion. 10cial c11Ib. fralemcJ. organillJ;rion. corporozion, <=e. mm, r<CeMr. syMicDze. thi. a1Id t11TJ orhu corouy, dry. or colUl1Ty. dry 17UI1Iici:pa/iry. dim'ict. or OM political .rubdlvi1ion. or Q/lY orho group or combinmion aaing as a unil. Date: 1l,\llOME~""GINEEll.Il..A.'lDDIN\FO~'4S\DlSCLOSE.nM A TT ACHMENT 1& ~.-: ~ /11 ~ :5 PCS-90-07, PCM-90-01: CONSIDERATION OF A TENTATIVE SUBDIVISION MAP KNOWN AS CHULA VISTA TRACT 90-07, ~ COMMUNITY DESr.3N GUIDELINES, FOR THE ~ II PROJECT, LOCATED SOUTH OF TELEGRAPH CAJ.'"YON ROAD, ADJA::EN'! TO THE CHULA VISTA MEDICAL CENTER, EAST OF GREG ROGEPS PARK - T~~~a~ive subdiv~sio~ map known as Chula Vista Tract 90~Q7, ~ :: su~~ivides 602 acres into 1,1fZ ~ar~els for r~sid~ntial, comm~rcial, commercial recreation, indus~ria: park, elem~ntary school and oper:. spa~e. The- Su."l.bow II recommends approval of the resclution. Community DeSign Guidelines will guide {Director of Planning} (05/22/90) future design plans. Sta::f This being the time and place as advertised, the public hearing was declared open. Manuel Nunes, City Consultant ::or the project, gave an oral presentation. Councilwoman McCandliss questioned where development of the park was in the phasing of the proje Boy'S Mr. Nunes stated Gregg Rogers Park was in the first phase. The developer has helped the Cit master plan for the park and has donated $100,000 for the improvements. tonight, the developer will have to replant and make good all those areas disturbed and Girl's Club and Gregg Rogers Park. The neighborhood park, in the center of the included in the second phase. Mr. Nunes estimated build-out of the project at five Mr. Leiter stated all projects within the City could be impacted by the The build-out estimated by Mr. Nunes is by the developer, not the City. Councilman Nader questioned whether non-drought resistant, non-native plan in the landscaping. ~, Ken Lee, Principal Planner, stated the City landscape architect with the developer to come up with a format. At this point, =here is no guarantee they would resistant plant materials. It will depend on the availability and design The policy is to emphasize the use of drought tolerant plants, but it is not his understanding that 100% drought tolerant plants mus~ be used. the Sunbow Project, replied the project will will be utilized on slopes and graded areas but Nick DeLorenzo, Gillespie/DeLorenzo, Landscape Architect f emphasize the utilization of drought tolerant plants. small areas and street trees might not fall into that Mr. Nunes stated the developer will have to submit a w ter management plan, which utilizes reclaimed water for all landscaping in the ~ II project. for a policies on drought resistant native plant material it be used if affordable but to conserve water. He Councilman Nader stated it was his and on reclaimed water use, not to would like to look at making it a requirement. Tim Kruer, 2445 5th Avenue, Fou=:.h Floor, San representing the Rancho del Sur Partnership, asked for Council approval He then gave a brief slide presentation of the project. The park and recreation areas e done prior to any development in area fourteen, of phase two. They will work very closely with staf and Council to develop a landscaping plan that is acceptable to both. He expressed his concern over a requirement of all drought resistant plants. He felt street trees should be carefully reviewed due to roots, clean-up, canopies, etc. They are intending to utilize reclaimed water as soon as it's available from Otay Water District. Until that time, it would be a hardship on ~he project. Councilman Nader questioned whether they accepted condition #87, referring to the growth management program. Mr. Kruer stated they agreed to the condition. Tom Davis, 1657 Gotham Street, =~ula Vista, California 92013, spoke in opposition to the staff recommendations. He felt it was important to consider the areas outside of the boundaries in reference to 31/ A TT ACHMENT 7 d. Developer shall provide the City with improvement security in the amount of two million nine hundred twenty-four thousand dollars ($2,924,000.00) as set forth on Exhibit "D" attached hereto and in a form approved by the City Attorney for the construction of The Olympic Facility as described in b. above. The improvement security shall be provided to the city contemporaneous with the signing of this Agreement. In the discretion of the City Engineer, bonds may be reduced incrementally as facility planning advances and improvement and/or grading plans are submitted and approved by city Engineer. i. If, within two years of the signing of this Agreement, city determines in its sole discretion that federal funding is available to assist with the cost of constructing the Olympic Facility, (a) City shall, within thirty (30) days of City's determination, so notify Developer, (bl Developer shall, within thirty (30) days of receiving such notification, pay the City one million five hundred thousand dollars ($1,500,000.00), and (c) City shall, within thirty (30) days of receipt of Developer's funds completely release the improvement security and Developer's obligation to construct the Olympic Facility. ii. If, within two years of the signing of this Agreement, federal funds have not become available to assist with the cost of constructing the Olympic Facility, (a) City shall, at the end of the two year period, so notify Developer, (b) Developer shall, within two years of receiving the City's notice, build the Olympic Facility in accordance with City approved plans. Developer shall submit the applicable improvement plans for Olympic Facility within six months of City's notice to build. e. Developer acknowledges and agrees that if The Olympic Facility is not completed within the time agreed herein or Developer does not make the contribution as described in d. i. above, the sums provided by said improvement securities may be used by City for the completion of The Olympic Facility for those improvements that are less than, but not greater to, the sums provided by said improvement securities. Upon certification of completion by the City Engineer and acceptance of said work by City, and after certification by the Director of Finance that all costs hereof are fully paid, the whole amount, or any part thereof not required for payment thereof, may be released to the Developer or its successors in interest, pursuant to the terms of the 5 );j/3 ~ ? improvement security. Developer agrees to pay to the City any difference between the total costs incurred to perform the work to construct The Olympic Facility pursuant to paragraph b. above, including limited and reasonable design and administration of construction in substantial conformance with the approved plans (including a reasonable allocation of overhead), and any proceeds from the improvement security. f. It is expressly understood and agreed by Developer that in the performance of construction of said Street Improvements described in this section, Developer shall conform to and abide by all provisions of the ordinances of the City of Chula Vista and the laws of the State of California with respect to such construction applicable to said work. 3. Condition No. 45. (Hydrology Design Work). In partial satisfaction of Condition No. 45 of Resolution No. 15640, the Developer has provided to City a Hydrology Study entitled "Hydrology Study, Sunbow II, Phase IB, Job Number 13210, dated October 27, 1998", (the "Study") regarding the projected amount of drainage to be generated by the Project. Developer acknowledges and agrees to comply with the City Engineer's request for additional design work should the City Engineer determine that there is insufficient capacity as demonstrated in the Study. 4. Condition No. 55. (Municipal Code). In satisfaction of Condition No. 55 of Resolution No. 15640, the Developer agrees to comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and plans shall be in accordance with the provisions of the Subdivision Map act and the City of Chula Vista Subdivision Ordinances and Manual. 5. Condition No. 56. (Fire Facility). In satisfaction of Condition No. 56 of Resolution No. 15640, the Developer agrees as follows: a. Contemporaneous with execution of this Agreement, Developer shall provide to City an irrevocable offer of dedication (IOD) , of Lot X, consisting of a fee interest, free and clear of all encumbrances. Lot X is located south of Unit 2, Planning Area 13, and as shown on Map 13423 recorded May 28, 1997, in the San Diego County Recorder's Office, which lot shall consist of one acre 6 /L/IJ ~) gross and minimum usable area of .80 acres graded or otherwise modified to meet the approval of the City's Fire Chief; b. Within 2 years of Council approval of this Agreement ("Time for Completion"), Developer shall construct and deliver to City a turnkey, 4,000 square foot useable, fire facility on Lot X, which facility shall meet the approval of City's Fire Chief. c. Developer shall, at such time as requested by the Fire Chief, enter into a Chula Vista standard three party agreement with City of Chula vista and design consultant(s) for the design of all aspects of the fire facility whereby the Fire Chief selects the design consultant(s) to be funded by the Developer. The cost for the consultant(s) shall be established by the Fire Chief and said amount deposited into a City account prior to any work being initiated by the consultant (s) . The agreement shall include facility planning, construction supervision, construction documentation, and the post-construction supervision phases of preparing a punch list and completion of items thereon for the fire facility. The construction documents shall reflect the then current requirements of the city's Fire Department Master Plan Standards, applicable codes and policies. City agrees to use its best efforts to present the three party agreement to the City Council and request approval thereof on or before February 4, 1999. d. Developer shall provide the City with improvement security in the amount of $1,500,000.00 as set forth on Exhibit "D" attached hereto and in a form approved by the City Attorney for the construction of the fire facility. The improvement security shall be provided to the City contemporaneous with the signing of this Agreement. The improvement security shall be released upon city's acceptance of the fire facility as approved by the Fire Chief. Developer acknowledges and agrees that if the fire facility is not completed to the satisfaction of the Fire Chief within the time agreed herein, the sums provided by said improvement security may be used by City for the completion of the fire facility. In the discretion of the City, bonds may be reduced incrementally as facility planning advances and architectural, improvement and/or grading plans are submitted and approved by applicable City authority. e. City affirmatively acknowledges that Lot X is the preferred fire facility site and will work in good faith with 7 Ji[J-g' Developer to effectuate delivery of Lot X by Developer. Notwithstanding the foregoing, should City determine within 60 days of Council approval of this Agreement that despite Developer's good faith efforts it cannot reasonably deliver Lot X to City, City agrees to enter into good faith negotiations with Developer regarding delivery and subsequent fire facility construction of the fire facility on a site other than Lot X. If an alternative site is chosen and City finds it necessary to amend any entitlements (including but not limited to the City's general plan and the Sunbow General Development Plan, SPA, zoning, tentative maps, use permits, and/or Public Facilities Financing Plan) to allow the alternative site, city agrees that it shall not impose any additional or changed conditions that are not related to the construction of the fire facility and the site. f. Developer acknowledges that City has certain responsibilities relative to reimbursements for public improvements including that of ensuring fair and accurate reimbursements. The parties acknowledge and agree that should Developer deliver a turnkey fire facility, as set forth above that the financial terms and conditions relating to said facility after delivery and acceptance by the City are set forth in City ordinances, policies and the SPFFP. The parties to this Agreement agree to negotiate in good faith any subsequent agreements needed to fulfill Condition No. 56 of the Resolution, as may be needed, pertaining to site delivery and construction of the Fire Facility as well as the details of the financial terms and conditions of reimbursement. g. Developer and City agree to negotiate in good faith within 60 days of Council approval of this Agreement a valuation of Lot X. Should the parties fail to agree on a value, the parties agree to negotiate in good faith in an effort to agree on a single appraiser and instructions for appraisal of Lot X; the cost thereof shall be shared. Should the parties fail to agree upon and instruct a single appraiser no later than 80 days of Council approval of this Agreement, city and Developer shall each select an appraiser and those appraisers shall select a third appraiser and the three appraisers shall jointly determine the value of Lot X. Each party shall bear the cost of its own appraiser and one-half the cost of the third appraiser. The entire valuation process shall be completed no later than 120 days after Council approval of this Agreement. 8 J'I!J-7 6. Condition No. 60. (Retaining Walls.) In satisfaction of Condition No. 60 of Resolution No. 15640, Developer agrees that retaining walls as to the Project except as to those adjacent to the Fire Facility and approved by the Fire Chief shall have a maximum height of 7.5 feet and that such height restriction shall be included within the Project's CC&R's. 7. Condition No. 66. satisfaction of Condition No. 66 agrees as follows: (Overlook Area). In partial of Resolution No. 15640, Developer a. That prior to issuance of a grading permit for the area located at the intersection of High Cloud Drive and Skyridge Drive, Developer shall submit design plans for approval to the Director of Planning and Building for an overlook area at that location, and b. That Developer shall construct the approved overlook area on or before occupancy of the 55th single family dwelling within Unit 3 of the Property. 8. Condition Nos. 67 and 88. (Park Agreement). In accordance with Condition Nos. 67 and 88 of Resolution No. 15640, Developer and City agree to negotiate in good faith within 120 days of Council approval of this Agreement, a Park agreement concerning Developer's neighborhood and community park obligations as described in the applicable tentative map conditions and the Sunbow II Public Facilities Financing Plan. 9. Condition No. 72. (Reclaimed Water). In satisfaction of Condition No. 72 of Resolution No. 15640, the Developer agrees to accept and to use reclaimed water, when it is available, from the appropriate district to use such water for park and parkway landscaping and the proposed park pond. 10. Condition No. 79. (Open Space). In satisfaction of Condition No. 79 of Resolution No. 15640, the Developer agrees that turnover of maintenance of open space areas to the city will be withheld until all encroachments and dumping issues (construction and otherwise), which may occur during construction and landscape maintenance by the Developer are rectified by the Developer, to the satisfaction of the Director of Planning and Building. 9 ) '/8 ~/() 11. Condition No. 89. (Withhold Permits). In satisfaction of Condition No. 89 of Resolution No. 15640, the Developer agrees that the City shall have the right to withhold permission for occupancy of any unit in the Project if any conditions of approval and/or any facilities as to the Project are not completed when occupancy is required by the Developer. 12. Condition No. 93. (Water and Air Quality). In satisfaction of Condition No. 93 of Resolution No. 17177, the Developer agrees to prepare, submit, and obtain City Council approval of Water Conservation and Air Quality Improvement Plans before approval of the Final Map for Phase lC of the Property. 13. Condition No. 94. (PFFP). In satisfaction of Condition No. 94 of Resolution No. 17177, the Developer agrees to comply with all requirements of the Public Facilities Financing Plan for the project, as may be amended to conform with the City's adopted Growth Management Program, pursuant to Section 19.09.120 of the Municipal Code. 14. Building Permits. Developer understands and agrees that the City may withhold the issuance of building permits for the Project, should the Developer be determined by the City to be in breach of any of the terms of this Agreement. The City shall provide the Developer of notice of such determination and allow the Developer reasonable time to cure said breach. 15. Satisfaction of Conditions. City agrees that the execution of this Agreement constitutes satisfaction of Developer's obligation of Conditions 9, 34, 45, 55, 56, 60, 67, 72, 79 and 89 of Resolution No. 15640 and Conditions 93 and 94 of Resolution No. 171 77. 16. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that Developer shall comply with all unfulfilled conditions of approval of the SUNBOW Tentative Map, Chula Vista Tract No. 90-07 (Established by Resolution No. 15640 and Resolution No. 17177) and shall remain in compliance with and implement the terms, conditions and provisions of the resolutions. 17. Previous Agreements. The Developer acknowledges that nothing in this Agreement shall supersede, nullify or otherwise negatively impact the terms of the Supplemental Subdivision 10 /1JE -/) Improvement Agreement for Sunbow Phase lA which remains in full force and effect except to the extent specifically modified by this Agreement. This Agreement affirms and reflects the terms, conditions and provisions of the Sunbow Phase lA Map Agreement, and the Tentative Map conditions for Chula vista Tract 90-07, applicable specifically to the Final Map for this Property unless such terms have been specifically modified by this Agreement. 18. prepared party. Recording. This Agreement, or an abstract hereof by either or both parties, may be recorded by either 19. Miscellaneous. a. Notices. Unless otherwise provided in this Agreement or by law, any and all notices required or permitted by this Agreement or by law to be served on or delivered to either party shall be in writing and shall be deemed duly served, delivered, and received when personally delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, first-class postage prepaid, addressed to the address indicated in this Agreement. A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party. CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 Att.: Director of Public Works Developer: ACI Sunbow, LLC 750 B Street, Suite 2370 San Diego, CA 92101 A party may change such address for the purpose of this paragraph by giving written notice of such change to the other party in the manner provided in this paragraph. 11 Jtj!J----I;L b. Captions. Captions in this Agreement are inserted for convenience of reference and do not define, describe or limit the scope or intent of this Agreement or any of its terms. c. Entire Agreement. This Agreement contains the entire agreement between the parties regarding the subject matter hereof. Any prior oral or written representations, agreements, understandings, and/or statements shall be of no force and effect. This Agreement is not intended to supersede or amend any other agreement between the parties unless expressly noted. d. Preparation of Agreement. No inference, assumption or presumption shall be drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be conclusively presumed that both parties participated equally in the preparation and/or drafting this Agreement. e. Recitalsl Exhibits. Any recitals set forth above and exhibits referenced herein are incorporated by reference into this Agreement. f. Attorneys' Fees. If either party commences litigation for the jUdicial interpretation, reformation, enforce- ment or rescission hereof, the prevailing party will be entitled to a judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred. The .prevailing party. shall be deemed to be the party who is awarded substantially the relief sought. (NEXT PAGE IS SIGNATURE PAGE) 12 );J8'/) SIGNATURE PAGE SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT SUNBOW II, PHASE lB IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first herein above set forth. CITY OF CHULA VISTA DEVELOPER: Shirley Horton, Mayor ACI Sunbow, LLC, a California Limited Liability Company By: Ayres Land Company, Inc., Manager /tt[f Keith J. Horne, President Attest: Susan Bigelow, City Clerk Approved as to form: ~SJJ1'O C-4~8 Joh Kaheny, City Attorney H:\SHARED\Attorney\Supsunbo 13 JlI[J~):/ EXHIBIT A , The map hereinbefore referred to is a subdivision of: CHULA VISTA TRACT NO. 90-07, SUNBOW II, PHASE 1B UNITS 3, 4 & 16, BEING A SUBDIVISION OF PORTIONS OF REMAINDER LOT AND LOT "Y" OF CHULA VISTA TRACT NO. 90-07, SUNBOW II, UNITS 1 AND 2 ACCORDING TO MAP NO. 13423, IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY, MAY 28, 1997. // . ,....-- J'/!J~/~ EXHIBIT D TO SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR SUNBOW II PHASE IB Public Improvements Labor & Faithful File Nos. Materials Performance Olympic Parkway between $1,462,000.00 $1,462,000.00 SB012C Oleander Ave. & Brandywine Ave. Fire Station on Lot "X" $750,000.00 $750,000.00 SB014C ~ )1/8 ~ /~ CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT R~~~&')~<<"~<<-~<<~~..c<'...c<-~.c<'~~.Q('.c<'..c<'-Cf'~15<'..c<'..c<'.;C<';C<',cq~~.Q~ ~ ; State of California } ~ ~ ~ -DiPcl' ss.g ~ County of -===i:U.IL ~u g ~ g p -<' .-.... - ~l R ~ On ~"u.t~)j~:;i l6 II q<)'7 ~ ~e~;~e" me,) 1.~j~e~5~m~~of Offio" (." 'J,", Doo. No ''Y P,blioJ ~ c.. ~ B personally appeared t'-C,~ '-l ~ ~ Q Name(s) of Signer(s) ~ ~ ~personally known to me ~ g 0 proved to me on the basis of satisfactory Z ~ evidence ~ ~ ) - - - - - - - - - - - - J to be the person(s) whose name(s) is/are ~ $, 1~ TERESA JACOBY subscribed to the within instrument and B, e; _....~ Commission # 1177613 acknowiedged to me that he/she/they executed i) is E,"~. Notary Public - California ~ the same in his/her/their authorized ii c ~.~ San Diego County 1-' ~ J MYCornm.Expire5Apr2..2002, capacity(ies), and that by his/her/their g " - - - - - - - - - - _ _ signature(s) on the instrument the person(s), or g ~ the entity upon behaif of which the person(s) ~ 2 acted, executed the instrument. ~ B X Q ~ ~ ~, " Place Notary Seal Above ,') ~ ~ \i X P OPTIONAL Z :,/\. Though the indforma'dtion belOt~ is ndot,reqt uired bY"awd, it m:y Phrovetva,'Uth8?': to ptersonSthrelYding on thet document g an cou preven ,rau u en remova an rea..ac men 0 IS Jorm 0 ano er acumen. () c X ~ Description of Allached Document '. ~, ...a- Ii ;1 Title or Type of Document: ~,"","",\e.~w'5i.,di~_('ViS.l~ j.M...~r~A-- X ,~ X ~ Document Date: Number of Pages: I 'f- ~ ~ Signer(s) Other Than Named Above: "Er ~ g ~ Q Capacity(ies) Claimed by Signer g Q Signer's Name: R > D Individual ~ \ [) , n _. .............. Top of thumb here ~ ," rt' Corporate Officer - Title(s): ies.., ~ . X P 2 X :J Partner - D Limited D General '\ g D Attorney in Fact ~ ? C Trustee .^> .:2 C Guardian or Conservator S ;. ~ .; D Other: c ~ ( '3 Signer is Representing: fr\ ( e s ~ CD ~ ;. \ ~ ~ S<~;;C;<~<;;("Z..-~<<~'C,:('C(.'<X'GZ~<<'<X<<<<'G{;~'O;.~'<X'G{.~~;(X;'Q<:~-<<~<::(~.c~"<<'<X:."Q(..;.c:;c~'Q(.'CZ.;.cz:-~'G{.':{X.>(~z:.';Q,.(:~,.z:.'<X0X @1997NationaINotaryAssociation.9350DeSoloAve., P_O. Box 2402. Chatsworth. CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827 JLjIJ ~ /7 .' --- -_. t ~/f' RESOLUTiON NO. i55!Q RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING ITNTATIVE SUBDIVISION MAP KNOWN AS CHULA VISTA TRACT 90-07 AND COMMUNITY DESIGN GUIDELINES FOR THE ~~ PROJECT, LOCAl ~D SOUTH OF TELEGRAPH CANYON ROAD, ADJACENT TO THE CHULA VISTA rEDICAL CENTE:R. EAST OF GREG ROGERS PARK The City Council of the. City of Chula Vista does hereby resolve as Toll ows: W~. Rancho Del Sur Partnership has submitted a tentative subdivision map known as Chula Vista Tract 90-07. Sunbow II. in order to subdivide approximately 602 acres into lots for Single and Multiple-family Residential. Commercial. Community Recreation. Industrial Park. candidate Elementary School site and Open Space. and WHEP.EAS. also submi tted for consi dera ti on and adooti on is the Sunbow II Community Design Guidelines; - a design manual whose purpose will be to guide the design of future site plans. architecture and landscape architecture within the Sunbow II Planned COlmlunity. and ",' WHEREAS. the property. which is located south of Telegraph Canyon Road adjacent to the Chula Vista Medical Center. was annexed to the City of Chula Vista after a public hearing at the City Council on February 20. 1990, and WHEREAS, the required public hearings at the Planning Commission and the City Council on the Sunbow II General Plan. Zone Change. SPA Pian and Environmerr-~l Impact Report have been concluded. and WHEID.s. all plan approvals and certification of the EIR have been duly adopted by the City Council at the recommendation of the Planning Commission. and WHEREAS. the City Environmental Coordinator has reviewed the proposed Tentative Map and Design Guidelines an~ determined that they are in conformance with the SPA Plan. therefore. no separate environmental review would be necessary. and WHEID.s, on April recommend that Council ?CS-90-07/PCM-90-0l. 25. 1990. the Planning Commission voted 5-0 to approve the proposal in accordance with Resolution NOW. THEREFORE. BE IT RESOLVED that the City Council of the City of Chula Vi sta does hereby approve the tentati ve subdi vi si on map for Sunbow II, Chul a Vista Tract No. PCS-90-o7 and Sunbow II Community Design Guidelines. PC~~90-01 based on the following findings: / ATTACHMENT 1 r . "'::l- - ':c,.~ li~ ?::;"'5uant ~: Se:ti on 05473.5 of the Subdi vi si on ~ap Act, :.:,e tenta:i ve s~j~ivisior. ~? for Sunjow II, Chula Vis:a Tra:: ?J-07, is found to be in :::-;7ormance trri~h the v:.:""ious elements of 'the Ci:VI~ Generai ?lan based :m :~e following: . 1. The site is physically suitable for residential development and the proposal confonns to all standards established by the City for su:h projects. 2. The desi gn of the subdi vi si on wi 11 improvements, - st.reets, sewers, etc., to avoid serious problems. n::r: affect -:'1e existing - which have been designed ? -. The p:-oject is in substantial confonnity with the Chula Vista General Plan Elements as follows: a. Land Use - The project is consistent with the adopted Sunbow II General Development Plan and SPA Plan. which. in turn, conform to the Chula Vista General Plan. The residential dwelling unit total of 1945 units is at the mid-range of the residential units permitted here by the General Plan. b. Circulation - The project will be served by public: streets which conform to City standards, iifld which are listed in the City General Plan Circulation Element. All on-site and o~~-site ilDDrovements will be installed in accordance with the Public Facilities and SPA Plan for Sunbow II. c. Housing - The project will provide housing by type and residential density, consistent with City General Plan and Sunbow II SPA Plan designations. d. , Conservation - No cultural resources have been found on the site. Sensitive biological resources identified in ::nvironmental Impact Report are being protected according to al1 the prescribed mitigation measures, "Special attention being pai d to the long-tel}ll preservation of Poggi Canyon. e. Park and Recreation, Open Space - Approximately 180 acres (30 percent) of the site is dedicated to pennanent open space. Tni s is greater than the area shown in the Ci ty b<>Jlera 1 Pl an. A 10 acre C=ni ty Recreati on Center compri si ng acti ve and passive recreation uses will be dedicated to the City as part of an in-lieu-of park fees agreement. This facility will assure provision of much needed recreation facilities in this geographical location. f. Seismic Safety - A fault trace Imown as the La Nacion fault has been identified, and it crosses over mostly open space designated areas on the site. All construction a.,d building se:bacl:s in the proximity of, or adjacent to this fault, shail be subject to the recommenciE:ions of a qualified gee j ogi st. s -- -. ?esol uci Dr. liD. 15640 Page 3 f g. Safe~y - A new fire station is planned ~: be buii~ wi~hin the Sunbow development. "Tni 5 wi i! penni t pi:;perly equi pped uni ts to respond to 85: of ail emergency cajjs within 7 minutes. fi re hydrant spacing, and water pressure requi rements wi 11 meet the standards set by the City. Poiice response times are within the threshol d standard. h. Noise - final development plans and grading plans will be requi red before a si te-speci fic acoustical ana lysi s can be prepared by the applicant to determine specific mitigation measures which must be applied for residential areas with potential noise levels over 65 dBA. Very few areas are potentially impacted; e.g. the facades of bUildings adjacent to portions of Medical Center Drive and Naples Street could range up to 69 dbA CNEL. i. Scenic Highway;- East Orange Avenue traverses Poggi Canyon which fonDS part of a scenic corridor. Almost all of the 180 acres of peniianent open space which will be publicly dedicated in Sunbow II lies in this location. Additional open space dedication and landscaping will occur adjacent to the Telegraph Canyon Road scenic corridor. ~ j. Bicycle Routes - City and County staff are working together to locate on-street and off-street bicycle lanes and pathways along East Palomar Street and East Orange Avenue. In both these locations, there are sufficient rights-of-way for the implementation of either on-street or vehicular-separated bicycl e travel options. k. Public Buildings - The project will be incorporated into an estab 1 i shed Me 11 o-Roos Di stri ct in order to provi de for adequate school facil iti es. The Conrnunity Recreati on Center building will also become a public facility which incorporates recreation uses and conmunity meeting rooms. BE IT FURTHER RESOLVED that said tentative map and cOllDllunity design guidelines are subject to the following conditions; 1. a. The property owner shall be responsibl e for the constructi on of full street improvements for all the public streets shown on the Tentative Map within the subdivision boundary and for the constructi on of necessary off-site improvements as identified in the Sunbow Public Facili"cies Financing Plan (SPFF?) and EIR. Street aNN" sha 11 be constructed to Industrial Street.Standards. .----. . ----_.... J. Said improvements shall include, but not be limited to, asohalt concrete pavement and base, concrete curb, gutter and sidewalk, sewer, water and drainage facilities, street 1 i ah:;, traffi c si gns, fi re hydrants, transiti ons to exi sti ng imorovements, traffic signals, street trees and bike lanes as required to meet City standards for street sections. .3 2. ~ ~. c. ~.11 stieets sha 11 canf:>~ to -:h: ~:Zndard5 relicy unless otherwise ::nginee;_ 5:~eet Do~ gn ":Jy the ...:y Ci ty' 5 apprDve~ The property OWller shall acquire and convey easemen-:s for all off- site, streets, public storm drains and sewers prior ~ approval of the final Map. All work within the public right-of-way snail be done in accordance wi th the current edi ti ons of Standard Speci fi cati Ol!S for Pub 1 i c Works Construction, the San" Diego Area Regional Standard Drawings and the Design and Construction Standards of the :ity of Chuia Vista. All design shall "confonn to City of Chula Vis:2 Subdivision Manual (edition in effect at time the tentative map is approved), the current Standard Drawings, and the Street" Design Standards Policy (1989). @ The property OWller shan" noti fy!( City at 1 east 60 days pri Dr to l consideration of the Final Ma 'Y City if llTfsite right of way ! cannot be obtained as require by the Conditions of ApprovaL ; (Only offsite right of way Dr easements affected by Se.."""tion 65452.5 1 of the Subdivision Map Act are covered by this condition). 4. : ! 'a. >1- ! ! b. ! c. , , ~ . d. After said notification, the owner shall~ Pay the full cost of acquiring o;-;-"ite ri !ii, I. of way or easements required by the Conditions of Approval of the Tentative Map. Deposit with the City the ri ght of way Dr easements. the City Engineer. estimated cost of a:quiring said Sai d estimate to be approved by Have all easement and/or right of ...-ay documerr~ and plats p:-epared and appraisals complete" which are necessary to commence condemnation proceedings. If tlie developer so requests, the .City may use.,-=s powers to a:qui re ri ght of way. easements Dr 1 i censes needed for o;-;-site improvements or work rel ated to the tentative map. The developers shall pay all costs. both direct and indirect incurred in said acquisition. The re~Jirements of a. band c above shall be accomplished prior to approval of the Final Map. All offsite requirements which fall under the purview of Section 66462.5 of the State Subdivision Map Act will be waived if the City does not comply with the 120 day time limitation specified in that section of the Act. ~ 5. The property owner may be reimbursed (from the DI;:-, or f:-:Jlll ;. app 1 i cab 1 e reimbursement di stri cts as they may be fOT':lled in the future, for offsite right-of-way or easements necessary to comple~e improvements required by the DI;: program or reimbursement districts. L/- l -- -. ?esolution No. 15640 Page 5 o. An e:Qs~Gn and sedimen~~:ion con-:-~i plan she;; be prepc.;-ed as par-r 07 the g~2ding plans. 7. The p~operty owner shall comply with all relevant Federal, State and Local regulations, including the' Clean Water Act. The developer shall be responsi bl e for provi di ng all requi red testi ng and documenta ti on to demonstrate sai d camp 1 i ance as requi red by the City Engi neer. B. ~he prope~y owner shall guarantee the construction of all interior Dublic imorovements .required for development of any unit of Development prior to approval of the Final Map for said unit. r" :: ',' : 9.~ ~ Prior to Final Map approval, the property owner shall enter into an agreement with the City whereby: 2. The property owner agrees that the City may withhold building permits for any units in the subject subdivision if anyone of the following occur: 2. .Traffic volumes, levels of service, public utilities and/or services exceed the adopted City threshold standards. (C) The property owner ~grees that th~ City ~ay withhol d occupancy permits for any of the phases of development identified in the Sunbow Public Facilities Financing Plan (SPrrP) if the required public facilities, as identified in the S?FFP or as amended by the Annual Monitoring Program have not been comPleted.. r (]2 The property owner may propose changes (in the timing and sequenci ng of deve 1 opment and the . constructi on of improvements affected. In such case, the SPFFP may be amended as approved by the City Pl anni ng Di rector and Pub 1 i c Works Di rector. 1. ;.. C' . , ~ M Phase IA 13 lC IIA IIB I"T .1. Regional development threshold limits Chul a Vi sta Transpor-...ati on Phasi ng reached. ..J.' set by the East Pl an have been Facilities Needed* I, L, j, 4, ~, b, L~ 7, 9 10 11,12,13 12A 14, 15 (See Table I for descri pti on of each faCility) * Facilities shall be guaranteed prior to approval of Final Map for the corresponding phase and completed prior to iss~ance of Occupancy pennits for each co~esponding phase. ~ .!:J TABL:: i :: ~:~! ~ ty - :'e5:ri oti on 1 Meai cal Center Dri ve - construct fow"-l ane Co 11 ector Meai co. 1 Senter Court to East Palomar Street 2 Medi ca 1 Cent:r Dri ve - construct Cl ass I Co 11 ec-:or - East ?aiomar Stree-: to Brandywine Avenue 3 East Palomar Street - striping - 1-805 to Oleander Avenue " 4 East Palomar Street - construct four-l ane Maj or one lot east of Oleander Avenue to Medical Center Drive i , :J leiegraph Canyon Road - widen to six-lane Prime Arterial Oleander Avenue to eastern SPA bounda~ \. 0 ., Telegraph Canyon Road wi den the north si de to provi de four w:stbound travel 1 anes from 1-805 northbound on-ramp to a point easterly of HaJec~-st 7 East Orange Avenue construct five llnes of a six-lane Major - Dleander Avenue to Medical Center Drive. 9 =-=:;t Palomar Street - construct four-lane Major - Medical Cerr..er Drive to limit of Phase IB development lD E:st Palomar Street - construct four lane major - from Phase 13 development to Paseo Ladera 11 =-=:;t Palomar Street - construct four lane Major from Paseo ~adera to eastern SPA boundary 12 raseD Ladera - construct four-lane Collector - Telegraph .Canyon Road to East Palomar Street _ l? Il's..allation of Traffic Signal at East Palomar Street and Paseo Ladera 13 Telegraph Canyon Road and I-80S - Install a traffic signal at s:lllthbound ramp and: wi den the southbound onloff ramp to accommodate the dual left turn lanes to southbound I-80S 1,(, East Orange Avenue improve one-half width of a six-lane Prime Arterial from Medical Center Drive to east SPA bounda~ 15 lelegraph Canyon Road and I-80S widen south side of Telegraph Canyon Road under the I-80S overcrossing to provide a thi rd eastbound through 1 ane and restri pelwi den the northbound off ramp to prov; de two north bound to eastbound ~ ;ht :.urn 1 anes. b \' 13. '(:.(y"\.. ~ rl4) '---- 15. , --=-, C-i r, .16/ /::--.....~ ~ , (17. /", '. I ~ - "" ..- './.. , - ..... .... ?esolution No. 15640 Page 7 25 Construct off-site sewer to s=~ve Poggi :a~yon Bas~n _. eD. Prior to rinal Map Approval: . , a. The property owner shall agree to not protest fonnati on of a di stri (;t for the rnai ntenan:~ of li gr.":; ng and 1 andscaped medi ans and pa rkways along st:-eets wi ,th~ nand adj acent to the sUbject property. b. The property owner shall ag:-ee to not p:-otest fonnation or inclusion in an,Open Space District. The ,Jroperty owner shall agree to not protest fonnati on or inclusion in a district for the maintenance of the Telegraph Canycn drainage channel. d. The property owner shall agree to not protest formation or inclusion in a district for the maintenance of Poggi Canyon drainage facilities. e_ The property owner shall agree to not protest formati on or inclusion in a sewer reimbursement district. 11. ~, An improved access road with a minimum lfidth of 12 feet shall be provided to sanitary sewer manholes. The roadway shall be designed for an H-2D wheel load or other loading as approved by the City Engineer. Compacted decomposed granite may be used for access roads in POSJi Canyon. 12. Graded access shall be provided 'to all public storm drain structures i ncl udi ng inlet and outl et structures. Improved access as determi ned by the Ci ty Engi neer shall be provi ded to pub 1 i c drainage structures located in the rear yard of any residential lot. Lot lines shall be located at the top of slopes except as approved by the City Engineer. Lots shall be so graded as to drain to the street or an approved drainage system. Drainage shall not be permi tted to fl ow over slopes. The boundary of the subdivi si on shall be ti ed to the Cali forni a Coordinate System - Zone VI (1983). A i1 verti ca 1 curves and i ntersecti on corner requirements shall conform to the requirements Highway Design Manual. The property owner shall provide access on an equal basis to and upon individual lots for all franchised cable television companies. si ght di stance in the CalT rans P:-ior to rinal Map approval, the property owner shall enter into an agreemen't wi:h the City wherein the City is held harmless from any ,iabili:y 7:r erosion, siltation or increased flow of drainage -esulting f~~m this projec:~ 7 ~. .,<. _ 1\ ._-~ l..}'-;\.' / " ../ - j The :::-D;>erty owner sMall be :-es:nmsi b i e for S"'-o-- -cwe.... ......-.;nanc p4;.... .:1lID-OVc,."....,--- -. -:: -, .::0......., ....:.. I :::..., _ _. , j. I ;,..01;=.._.;) Pu~~~: cacilit~e5 cinancing Plan for Sunbo~. the ::li:5-:iUCti on of as o~:;~ned in the 1j '-. East Palomar Street. East Orange Avenue. and Medical Center Drive are designated bike routes in the Cir.:ulation Element of the Genenl Plan. Accordingly. property owner shall provide the necessary signs and markings to e~fect the bicycle plan as required b.' ("t E . Y -,"P- ~1 Y nglneer. 2:J. The property owner shall be responsible for obtaining adequate off-~;te right-of-way and for cor.struction of off-site impr-Dv:ments. fl"Dlll the southerly end of Medical Center Court to the subdhision boundary as detenIlined by the Ci'ty Engineer. The property owner's obligation to improve or- parallel the existing Poggi C~on Trunk Sewer segments which exceed design capacity due to flows from this development shall include an oversizing of or paralleling of' existing sewer lines as may be necessary to acco!l:ll:ldate the ultimate projected flow fro;n areas tributary to the Poggi Canyon sewer basin. and the fl ow as diverted from the Palm Canyon basi n. Tne property owner may request the formati on of a reimbur-sement district and a reimbursement aor-eement in accordance with Chapter ]5.50 of the Municipal Code~ - 2i .. Z2.. The property owner shan obtain permission from the City to deposit sewage in a foreign basin prior to approval of any Final Map. The permission shall be in the fonn of an ag~..ment Whereby the City shall agree to such tr-ansfer. Prior to rinal Map approval. the property owner shall -enter into an agree::ent whereby the property owner agrees to.: a. cund a study for the preparation of a Poggi Canyon Sewer Basin Improvsnent and Financing Plan. Said Basin Plan shall provide 0) an estimate of the ulti.mate sewage flows; (2) the necessary addi ti ons to the exi sti ng sewer system to provi de adequate capacity for said flows;(3} a method to fairly ailocate the cost for providing the needed improvsnents; (4) a method for reimbursement to developers providing sewer iliIDrovements as outlined in the Basin Plan. funds provided by" property owner for preparation of the Basin Plan shall be subj ect to reimbursement from fees as may be established by sai d Basi n Pl an. b. Participate in funding of the necessary facilities to provide downstream sewer capacity in the Main Street and Date-Faivre -:,',mk sewers for those sewer segments whi cn thi s development causes to exceed City design capacity standards. The p:-:;perty owner may request the formati on of a reimbursement dis~rict and a reimourssnent agreement in acco:-dance with Chapter 15.5D of the MuniCipal Code. g \ I .~, }'. ./ . -- -.. KeSOjutl~n No. 1~640 Page 9 ~ Provide appropria~e securi:: to guarar.:ee the anility to res~ore the trunk sewers I ~ese:""ve capa::~'ty to a j eve1 and condition that would otherwise exist but for sewaoe diverted into the Poggi Basin by the Sunbow project. Said security may be waived if the property owner can demonstrate to the satisfaction of the City Engineer that the cost of improvements constructed by the property owner is equal to or greater than the total of (1) the fair cost responSibility for necessary improvements as determined by the Basin Plan and (2) the ccst of improvements necessary to restore the reserve capaci t.)'. . 24. ~ The property owner .;hall enter ir.~o an agreement with the City whereby the property owner agrees to participate in the monitoring of existing sewage flows in the Telegraph Canyon Trunk Sewer and the financing of the preparation of the Basin Plan and, pursuant to any adopted Basin Plan, agree to participate in the financing of improvements set forth therein, in an equitable manner. Said agreement shall be executed by the property owner prior to Final Map approval. / VZ5. East Palomar Street shall maintain mlmmum curve radii of 1100' east of Oleander Avenue unless otherwise approved by the City E:ngi neer. oJ 26. Juniper Street shall terminate in intersecti on with Laurel Avenue. responsible for improvements to the Engineer. a modified knuckle at the The developer shall be satisfaction of the City ./ ./27. J ne ml mmum cul-de-sac and knuckl e frontage shall be 35' at the property line, unless approved by the City Engineer and Director of P1 anni ng. .j.C 28. v{9. 30. Open Space areas which are to be maintained by an open space district shall be granted to the City in fee. A Tot line adjustment for Lots 1 through 3 of Unit 1 shall be p!,ll..c~sed _ in conjunction with ap.pro~~l ~!' ,th~ .:lJ1~,Map' flbr. ~n~\}f _ -1""-110 ,..A,+c,...Vt.1~--?'-<'.~___, _ ,_ .' F!P, ""__1_ The maximum grade along Paseo Ladera shall not exceed 8~. 31. Access riohts to Rancho del Sur, Phase 1, Unit 1 of Map 12060 from Unit 12 shall be relinquished. Emergency access shall be permitted as determined by the City Engineer. 32. I/here existi ng bui1 dings are located near proposed manufactured slopes, the soil engineer shall determine building setbacks from the slope. Prior to issuance of a grading permit, the soil s engineer's recommendations shall be incorporated into the soil s report. 33. 'ght visi:,ility easements shall be gr-anted as necessary to comply " th the recuirements in the CalTrans Highway Design Manual. 9 "c.~= ; oJ ~-4 . ~2.s: Qrange Avenue shall be co~s:rU!:t.ed t.: :he ea::::-:.." subG~ V~::~:;n bounca:y unless a short.er dist.anc: is aOP:-:lved by ::n: :~:y ::ngin::r. -- --. . Builcing setbacks from the La Nacion fault. shall be as recollllllended by a qualified geologist. 35. The soil report shall be amended to provide :-eeollllllendatiD~s re1a::ive to building setbads. The amendment shall be provided prio:- to issuance of a grading pennit and final :-eeollllllendatio~s provided prior to issuance of any building permits. ." _: . The j :leat.i on of street entri es and maj Dr ent.ri es fo:- mul ti-famiiy projects to public st:-eets shall be approved by the City Engineer. -"::. All streets within the mUlti-family developments shail be private. Detaiied horizontal and vertical alignment of the centerline of said streets shall be reflected on the improvement plans for said develO)llllents. Design of said streets shall meet the City standards for private streets. .3:. All subdivisions proposing private streets with controlled access devices, such as gates, shall contain the following fe:.cures: ~ . a. Gates shall be approved by the City Engineer. :ates shall be i ocated to provi de sufficient room on the .private roadway to queue without interrupting traffic on public streets. . b. A turn around shall be provided at the location of the gate. ,he size and location of said turn around shall be approved by the City Engineer. c. the border between public street and orivate :.;'r~t shall be delineated through the use of distinctlve pavement. d. ?rovisions shall be made fOr emergen~ vehicle.ac:ess. ; . 40, All the streets shall be dedicated as shown on the subject T entati ve Map except Street "NN" whi ch shall be dedi cated to Indus-...rial. St:-eet Standards. Detailed horizontal and vertical a 1 i gnment for sai d streets shall be refl ected on the improvemen:s plans for the subject subdivision or any unit thereof. .Design of sai d s::;-eets shall meet all City standards for public ".:.. eets. 41. At the intersection of East Palomar Street and Street lOry", no 1 eft-t:!;-n movements shall be allowed onto East Pal OIIIar Street. 42. The property owner shall be responsible for instailation of a traffic signal at the intersection of East Orange Avenue and Medical Center Drive prior to approval of rinal Map of Unit 19. Said irnnrovements may be included in the Transportation DIr program in the 7utu~e.. /0 t. " . ". " ,\~; '''';''' =,^I\. --., -.. ?es01ution No. 15640 Page 11 . 43. : ne prope:'"ty owner shell be responsible 70r ensu:'"~ng :het --" stOnTIwater di scharge flows do not ex=eed predev::lopment f1 :)~s for a 50 year desion storm. 6: " r~, ,46../ '.-// 44. The curve radius of the access to the school site (Street "M" to the intersection with Street "RR") shall meet or exceed the requirements for a Class 3 collector. Deviation from this Standard may be approved only if it can be demonstrated by a registered civil engineer that the City Standards are not reasonably achievable. Any deviation must conform with cOlllllon engineering practice and standards in consideration of public safety. Prior to issuance of a grading permit for areas draining to the detention basin at the southel"ly boundary, the developer:- shall guarantee maintenance of the basin until such time as final grading for each basin has been completed and the City, through the Open Space Maintenance District, accepts the maintenance responsibility for said basins. The City may accept responsibility for each basin separately. Prior to approval of any Final Map which includes a portion of East Orange Avenue or East Palomar Street, the property owner shall submit plans demonstrating the fessibility of the extension of said streets. 47. The proposed sewer main and associated manholes shall not be located in the raised medians. 48. The construction of stormwater detention basins in the Poggi Canyon Drainage Basin shall be phased with the development of the southern porn on of the Sunbow proj ect, and the constructi on of East Orange Avenue. All costs associated with the construction shall be initially borne by the property owner. 49. Should a drainage improvement district be formed at a later date to accommodate upstream flows, excess capacity provided by SUl!bow may be reimbursed from the drai nage di stri ct. , . Underground traffi c si gnal eQui pment and traffi c si gna 1 standards shall be .installed at the following intersections: a. Paseo Ladera and Telegraph Canyon Road D. Medical Center Drive and Medical Center Court c. East Palomar and Medical Center Drive d. East Palomar and Paseo Ladera Mast arms, signal heads and associated equipment shall not be installed unless approved by the City Engineer. . '-50. ::1terconnect condui t, pull boxes and pull rope shall be ; :1sta 11 ed to connect the following intersection signal systems: // rage 12 a. ,e I egraph Canyon Road!?aseo Lade:-a to R~ad!Med;cal Center Drive ~aseo Lade,a!~ast Palomar to Medical Center Medical Center Dri ve!~ast PalOlliar to Drive/Telegraph Canyon Road Medical Center Dri ve/East Pal Dlliar to Drive/Orange Avenue Te; e:7'aph ~2:1y:;r; Do - c. Drive/~ast P2l0ill=~ Medical Cer.:e:- d. Medical Cen:er -:::. Striping plans shall be submitted for the following st:-eets: ?aseo Lade,a. Medical Center Drive. East Palomar. East Orange Avenue, Street "J". Striping plans shall be approved in corjunction ,..;:h improvement plan for said streets by the City Traffic Engineer. .52.. . The . .J- ~'-:f~the FH"'-'{J-J1_ ~ , , "-'^""~ -- a_ f b. ,- 55~ 5i. -;;> :>-. property owner shall grant the City l' control lots adjacent to following streets East end of ~ast Palomar Street ~ast end of East Orange Avenue The property drain plans Additionally. and all final 54. owner shall submit "as buil t" improvemen: and st:mll as requi red by the City Subdi vi si on Manua 1- the property owner shall provide the Ci-::y said plans maps in DXf fil e format. .... \.t." 7 - j \ . V ." Prior :0 approval of any building oermits for single fam11Y residential use. the developer shall submit a list of proposed lots indicating whether the structure will be located on fill. cut. Dr a transit,on between the two situations. =-~ --. The property owner shall comply with all applicable sections of the Chula Vista Municipal Code. Preparation of the Final Map and ii! I plans shall be in accordance with the provisions of the Subdivision Map act and the C~ty of Chula V.ista Subdivision Ordinances and Manual. The proposed Fire Station site. Lot .X. .locatect.'sou--..n of Unit 2, Planning Area 13. is required to meet City criteria for fire station design and layout. The lot size will be at least 1 acre with a minimum usable area of .80 acre. or modifi ed to the approval of the fire Chief. fire hydrants shall be required at maximum 500 ft. spacing subject to review and approval of the Fire Marshall. Main pressure shall not exceed 150 psi. and residual pressure shall be 20 psi. fire hydrants to be installed. tested and operational prior to any combustible materials placed on site; 1000 gpm for single family development; fire flow for multi-family dwellings based on construc.;on type and square footage (1988 UFC. Appendix III-~.; cOImlercial to be determined. Roadway access for fire appara:us shall be provided :0 coincide with construction. Fi,e departmer.: iequi:"'es minimum '"::.::iting radius of 40 feet in orde1'"' :.: turn jl:"'~ appa:-a::.:s. /~ . I , ~ ...,,< \.- \ 63 '. ',;' . 64. 65. 66. 67. -- - ,... ?-esolu~ion No. 15640 Page 13 59. Prior to i="inal Map shall be prepared Coordi na-::or. approval, a site-specific and submi t-::ed to the acousticai ana:ysis Ci ty En\,.~ ;""0 nme rr:a 1 Acousti ca 1 ba rri er secti on as well as housi ng constructi on and design for any residential areas identified within a 65 dBA contour or greater shall be subject to review and a;7proval by the Chula Vista Building Director to ensure interior noise limits of 45 dBA. In addition, the Planning Director shall review and have approval authority for barrier and/or buildi.ng design to ensure line of site acoustical protection for all exterior areas subject to 65 dBA contours or greater. . 60. Retaining walls shall have a maximum height of 7.5 ft., or be otherwise approved by the Director of Planning. The restrictions on retaining walls shall be included with the CC&R's. 61. The City may require a street guardrail to be placed by the developer along the south edge of East Orange Avenue, and, a protective fencing .system may be installed around the water retention basins in this' area. The final designs and types of construction materials shall be subject to approval of the Director of Planning and City Engineer. # 62. Walls and fences shall be constructed per the wall and fencing plan shown in the SPA Pl an, adjusted accordingly in their pl acement, due to tentative map site planning refinements. All open space lots adjacent to public ri~hts-of-way shall maintain a mi nimum wi dth so as to provi de 10 feet of 1 andscapi ng treatment behind the baCK of sidewalk, or as otherwise approved by the Director of Planning. Boundary separation of open space lot Lot "F", Unit 1, from Greg Rogers Par'K property, will follow the eastern edge of the service road which coincides with the Sewer easement in this ViCinity. The di sturbance and loss of vegetati on due to gradi ng in the vi ci nity of Greg Rogers Park and the. Chul a Vi sta Boys and Gi rl s Cl ub, wi 11 be replaced and relandscaped to the app rova 1 of the Dir'ector of Parks and Recreation. Overlook areas for Poggi Canyon (Lot "K"), 1 ocated at south terminus of Street "J", south terminus of Str'eet uS",. south -:erminus of Paseo Ladera and the south terminus of Street "AA", shall be designed and constructed to the approval of the Director of Parks and Recreation. In exchange for the development, and dedication by the developer to ::he City of a Park and Recreation complex, which is subject to the approval of ::he Director' of Parks and Recreation as described in the Sunbow II SPA Pl an and Pub 1 i c i=" acil i ti es r i nanci ng Pl an, all ~a,'k Acquisi-:ion and Development (PAD) fees shail be waive~. (Refer -:0 Sunbow II SPA Plan and Public Facilities Financ1ng Plan documents). /3 ~:. App 1 ~ car.: shall request annexati on to Open 5:;a:e Di s::-~:t 18.. ODen space a:-eas which are to be maintained by an open s:;a:e d~st~ct shali be dedicated to the C~ty ~n fee t~:;e. Lands:a:;e main:enan:e of :;;~ s open s;ace shall be a:compl i shed by the. nevelooer D, homeoomers association for a minimum period or one year, which may be er..ended, until such time as accepted into the open space maintenance district by the Director of Parks and Re:reation and City Landscape Architect. Lot "DO" and adjacent off-site graded areas shall be landscaped by the developer and maintained by the developer or homeowners association until such time as the enti:-e area can be addea to the open space district, subject to acceptance by ~he Director of Parl::s. and Recreation and City Landscape Archi:ect. ~". For ,..ai15 which are located within the open space maintenance distriCt, owners of adjo.ining lots shall sign a ~...:tement when purcha...~ng their homes that they are aware -:hat the wall is on City property and that they may not modi fy or supplement the wall Dr encroach onto City property. These restri cti ons shall al so be reflected in the CC&R's for each lot. 70. Prior:o Final Map approval . landscape and irrigation plans, erosion control plans, and detailed. water management guidelines for ail lands:aoe irrigation including all open space lots, shall be submi _..eo and subject to review and apprtlval of the City Landscaoe Archh..--t and Director of Parl::s and .Recreation. The landscaping format within the project shall be to emphasize natiVe, drought-resistant plant material. Excluded from the. requirement are active recreational areas. Exceptions can also be made for areas where reclaImed water is exclusively used. 71. Water pipe shall be pl aced within the project to accommodate reel aimed water use on site in accordance with 1'1 ans approved by the Ot=y Water District and the City Engineer. . 72. Developer shall provide on-site infrastructure to..accept and to use reclaimeo water, when it is available, from the appropriate district to use such water for parI:: and panway landscaping .andthe. proposed park pond. 74/ ............., 73. As needed by the City, developer shall proYloe access to open space areas for maintenance and fire protection. Prior to Final Map adoption, adequacy and 1'1 acement. of such access shall be approved by the City Fire Marshall and Director of p.a.Ll::s and Recr-=tion. Prior to Final Map approval, the open space trail system and adjacent landscaping shall be .mapped, and be subject to the approval of the Director of Parl::s and Recreation. . --... .... - -, , 75. Slopes on the south side of the future Palomar Street extension, just east of Oleander Avenue, which face on~ the street, shall be included in Open Space District 18. (Flair 5anl::s - presently Pa:-k 1 ands) . If I ./.r:~ l':ilo _ -/' -:;;--~.#).'''''' @ ,0' = .'--..'" , , --y ---. Resolution No. 15640 Page 15 76. Telegraph Canyon Road medians (and ;Jar-kways), as identified, in the Sunbow Pubiic Facilities rinancing ?lan, shall be included in Open Space District 18. 77. Developer shall provide for clear visual and physical separations wherever open space district areas interface with: Privately maintained areas school district maintained areas fire department maintained areas industrial parK,maintained areas Parks division maintained areas areas maintained by other public agencies any and all other contiguous properties' Said separations or delineations may be theme walls, fencing, etc. The Director of ParKS and Recreation shall approve the design of all sa; d separrti ons. 78. Open Space Di stri ct-maintai ned street frontage 1 andscapi ng shoul d not be extensions of the front yards of residences. 79. Turnover of maintenance of open ...space areas to the City will be wi thhe 1 d until all encroachments and dumpi ng issues (constructi on and otherwi se), which may occur duri ng constructi on and 1 andscape maintenance by the developer are rectified by the developer, to the satisfaction of the Director of ParKS and Recreation. The rinal Map shall indicate the' area acreage for '111 open space lots. The developer shall ensure that prospective purchasers sign an assessment disclosure r..atement fully explaining the fact they are in a speci a 1 open space di stri ct, and what the proj ected assessments are anticipated to be, both in the near future and at ultimate subdivision build out. 82. Brow channels and ditches emanating from and/or running through City Open Space shall not be routed through private property and vice versa. 83. /84l .../ =~~~ c:; ~-. All utilities which service open space shall be located within City open space or within dedicated City right-of-way. Prior to rinal Map approval, the developer shall prepare an affordabl e housing program, acceptabl e to the CDlmllunity Developer Director, having an established goal of providing 5~ of total approved dwelling units for low income and 5~ moderate income. ,he 16 inch water line located south of East Palomar Street, along the western oroperty boundary of Unit 2, Planning Area 13, shall be r-elocated, if necessary, per the requirements of the Otay Municipal l-ia-:er Dj s:.rl :t. - , /~ ;". . v -- eJ. ~ ~ ''B:::: '../- r ~ ,.....f~..... i'" ;e~ - ~~J.., Presen-:ed by ., --. Ail :ev= i:lpment '"-j thi n the subdi vi si on bou:ldary she:: be done i:l compi~~~:e wi~h ~~e Sunbow Mi!i9c:~on Moni~:~ing ?rog:~I.. The:7:::owing s-:atement shail be placed on the Final Ma:: "- -- "Please be advised that the City of Chula Vista intends to adopt a Gro~h Management Element, TransportatiDn Phasing PrDgram, and other ~lated grDwth management implementatiDn prograIl'-S, which may regulate the lDcatiDn and timing Df development in the City. The City i..tends that development of property included in the Final Mao will be subject to the provisions of these programs. vwners listed on this map shall be responsible for providing notification tD any purchaser Dr successor in interest to any portion of this property of the :ity's intent in thi!. regard". /.- Concurrent wi th the recorda!:i Dn of any fi na 1 map for SunbDw II, develDDer shall submit an irrevocable letter of dedica-.:ion to City of the 10 acre park site. (Unit 15, Planning Area Therea~.er, the City may exercise the DptiDn to accept dedicatiDn at any time Df its chDosing. the the 9). this The dedication does not alter in any way all the other conditions of aPD;"oval relative to the turnkey s--~tus of the Communi-:y Recr=:.~;on Center, Olympic Swinrning PO.9i and Park facility as detailed in the Sunbow 1I Public Facilities Financing Fian. r~ultiple final maps can be approved on the tentative map being considered, prior to. the ex:-iration of the tentative mao,' pursuant to Government Code Section 56450.1. Before 7"!!cordation of any final map for any unit, the provision of all facilities a;-;-ecting the Phase' (as defined in. the. Public Facilities Financing Plan) of . which the unit is a part shall be auaranteed in accordance with the timing and other reouirements of the Public Facilities Financing Plan. In addition, al'l agreements required pursuant to the conditions of approval for this tentative map, the Sunbow II SPA Plan or Sunbow II General Development Plan which relate to any unit, to the satisfaction of the Director of Planning and City Engineer shall be execll""...ed by Sunbow prior to approval of the final map. All such conditions or facilities shall be completed pri or to issuance of occupancy penni ts, accordi ng to the conditions listed in the Sunbow II Public Facilities Financing Plan. This condition is not intended to, nor shail it permit, the filing of a mas~er final maD, unless approved by the City Engineer, wherein each unit or phase is shown as a single lot for future sale or financing purposes. Approved as to form by .. / /rI.:! i1 t/<---- kooer:. f.... ~ei t.er Directo; of Plannin; ""'\ --- ," "!', -" . l iI .\.' J..wl......)v \ /' /---- -,.'--- u. tncnara kUDOI, . Assi stant Ci ty Attotney-" /6 I - - ?eso1ution No. 15640 Page 17 pA:s::n, APPROy::n, and AD OPE] ~y the >-::y Council :f the Ci-::y ~, ehul a Vista, Cai~fornia, ~his 22nd Gay 07 ~2Y, 1?9: jy ~ne fol;~wing VD~E: AYES: Council members: McCandi i ss, Moore, Nader, Cox NOES: Counci 1 members: None ABSENT: Councilmembers: Malcoim ABSTAIN: Council members : None J f) j) . --n...{t};.v') 1'\. {.;~ bregory ( . t..ox, ~ayor v \) ATTEST: ,r ~ t..Hy erK STATE OF CALIFORNIA ) COUNTY or SAN DIEGO ) ss. CITY OF CHULA VISTA ) I, Beveriy A. Autheiet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 15640 was duly passed, approved, and adopted by the City Council of the City of Chula Vista, . California, at a regular meeting of said City Council held on the 22nd day of May, 1990. Executed this 22nd day of May, 1990. CyI. l{"(/i_ri/ (:~; /-..-L;~'-tl.Ji-(. Li:..u.~ ileverlY AJ Autnele!:, (;lty 1.Ien I ;-j l . / ( , , This page blank ~ ') IY PAGES 19-22 MISSSING rirtef /1-)).. jJJ(.g~J . RESOLUiIDN NO. 17177 RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL DENYING THE APPEAL AND AFFIRMING THE PLANNING COMMISSION DECISION TO APPROVE A ONE YEAR TIME EXTENSION FOR THE SUNBOW II SUBDIVISION, CHULA VISTA TRACT 90-07 WHEREAS, on May 22, 1990, by resolution No. 1564, the City Council approved the original tentative map for the subdivision known as Sunbow II, Chula Vista tract 90-07; and, ~rlEREAS, duly verified application for a tentative map extension was filed with the Planning Department of~he City of Chula Vista on February 22,1993 by the Rancho Del Sur Partnership, owner of-the property prior to expiration of the tentative map; and, WHEREAS, said application, subsequently amended on July 1st 1993, requested a 12 month tentative map extension to May 22, 1994; and, WHEREAS, on June 30,1993, the applicant and its possible successors in interest accepted the clarifications of existing conditions and new conditions as set forth in the Planning Commission Resolution PCS-90-07E; and, WHEREAS, on July 14, 1993, by resolution PCS-90-07E, the Planning Commission approved a one year tentative map extension for the subdivision known as Sunbow II Chula Vista Tract 90-07, which was due to expire on May 22, 1993. WHEREAS, an appeal of the Planning Commission decision to approve a one year tentative map extension for the subdivision known as Sunbow II Chula Vista Tract 90-97 was filed with the Planning Department of the City of Chula Vista on July 15,1993 by, Rancho Del Sur Partnership; and, WHEREAS, the Environmental Review Coordinator has reviewed the previously certified EIR-BB-ol and found it adequate for the proposed time extension; and, WHEREAS, the Ci ty Cl erli: set the time and place for a heari ng on sai d appeal and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners within 1000 feet of the exterior boundaries of the property at least ten days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m. July 20, 1993 in the Council Chambers, 276 Fourth Avenue, before the City Council was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL -finds as follows: Pu:-suant to secti on 66473.5 of the Subdi vi si on MaD Act, the tentati ve s~bdivision maD for Sunbow II,Chula Vista Tract 90-07, as conditioned he:-:in, remains in substantial conformance with the various elements of ~ne City's General Plan as amended in 1989. 0? r_ J A TT ACHMENT 4 Resolutlon No. 17177 Page 2 BE IT FURTHER R::SOLVED !:1kl THE CITY COUNCIL denies the appeal and approves the extension of the ten~ative map for Chula Vista tract for Chula Vista Tract 90-07 until-May 22, 1994 subject to the conditions contained in the City Council Resolution No. 15640 and Planning Commission Resolution PCS-90-07E. Presented by VvlA 6c Robert A. Leiter Director of Planning Bruce M. Boogaard Ci ty Attorney ~ , / :2'1 Kesolutlon NO. 17177 Page 3 ;:~.ssr:o, APPROEn and ADDPED by the City Council of the City of Chula Vista, C2lifornia, ~his 20~h day of July, 1993, by the f~llowing vo~e: YES: Councilmembers: Fox, Moore, Rindone, Nader NOES: Counei 1 members: None ABSENT: Councilmembers: Ho.-:on ABSTAIN: Counei 1 members: None <-,~ &/L Tim Nader, Mayor ATTEST: l/1f~.l ( fLJJ)1.u, Beverly A. Authelet, City Clerk W' STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Beve:ly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby ce:tify that the foregoing Resolution No. 17177 was duly passed, approved, and adopted by the City Council held on the 20th day of July, 1993. Executed this 20th day of July, 1993. cJlWhi! c( 6Jd1 Beverly Ai Authelet, City Clerk r- .~ d::J ~ I '. ;. \!# , RESOLUTION NO. PCS-9D-07E RESOLUTION OF TIIE CITY OF CHULA VISTA PLANNING COMMISSION APPROVING A TWELVE MONTH TENTATIVE MAP EXTENSION FOR TIIE SUBDMSION KNOWN AS SUNBOW IT; CHULA VISTA TRACT 90-07 WHEREAS, on May 22,1990, by resolution number 15640, the City Council approved the tentative map for the subdivision known as Sunbow IT ChuIa Vista Tract 90-07, which is was due to expire on May 22, 1993. WHEREAS, a duly verified application for a tentative subdivision map extension was filed with the P1anning Department of the City of Chula Vista on February 22,1993 by, Rancho Del Sur Partnership, owner of the property prior to expiration of the tentative map, and WHEREAs, said application, subsequently amended on July 1st, 1993, requested a 12 month tentative map extension to May 22,1994, and WHEREAs, on June 30, 1993, the applicant and its possible successor in interest a::cepted the c1arifications of existing conditions and new Conditions as set forth hereafter, and WHEREAs, the Environmental Review Coordinator has reviewed the previously certified EIR-88-D1 and found it adequate for the proposed time extension, and WHEREAs, the Director of P1anning set the time and place for a hearing on said tentative subdivision map application and notice of said hearing, together with its pUlpOse, was given by its publication in a newspaper of general circulation in the city and its m~i1ing to . property owners within 1000 feet of the exterior boundaries of the property at least ten days prior to the hearing, and WHEREAs, the hearing was held at the time and place as advertised, namely 7:00 p.m. July 14,1993 in the Council Chambers, 276 Fourth Avenue, before the PlanniT\g Commi~~ion - . and said hearing was thereafter closed, and . NOW, lHEREFORE, BE IT RESOLVED mAT TIIE PLANNING COMMISSION , finds as follows: . -. V. Pursuant to section 66473.5 of the Subdivision Map Act, the tentative subdivision map for Sunbow IT,Chula Vista Tract 90-07, as conditioned herein, fP-IT1~in~ in substantial conformance with the various elements of the City's G-..neral Plan as amended in 1989. pac-rea.pc:: , .~. ~ ~ ...."t ~.. BE IT FURTIIER RESOLVED TIIAT THE PLANNING COMMISSION approves the extension of the tentative map for Chula Vista tract for ChuIa Vista Tract 90-07 until May 22, 1994 subject to the conditions contained in the City Council Resolution No. 15640 and the following modified, clarified and new conditions: 1. Replace condition 16 with: Enter into an agreement with the City to insure that all franchised cable television companies ("Cable Company") are permitted equal opportunity to place conduit and provide cable television service to each lot within the subdivision prior to approval of Final Maps for each phase or unit. Restrict access to the conduit to only those franchised cable television companies who are, and remain in compliance with, all terms and conditions of the fr:mch;~e and which are in further compliance with all other rules, regulations, ordinances and procedures regulating and effecting the operation of the cable television companies as same may have been, or may from time to time be issued by the City of Chula Vista. 2. Add to the end of condition 28 the following: Execute grant deeds for each lot granted to the City. ... . 3. Revise condition 43 to read .... pre-development flow for a 100 year storm." 4. Add to the end of condition 45 the following: Accomplish the following prior to approval of a Final Map for any unit or phase which requires drainage detention and/or filtration basin(s) a. Prepare a maint"nance program including a schedule and a financing mechan;om for said detention and/or filtering basins. Said program shall be subject to approval of the City Engineer. b. Enter into an agI""'"'''''t with the City of Chula Vista and the state Department of Fish and Game wherein the parties agree to implement the basin maintenance program. 5. Add to condition 68 after the second sent"nce the following: Submit a deposit of $1,500 to process the annexation of the area into said open space district. All cost of said annexation and other costs associated with the processing of the open space relating to this project shall be borne by the developer. Submit a list of items to be included in the open space ma;nt""ance district. p"'....e:-reS;. pc . , .. :;21 , ~fli'ii . .J. J.,/ pcac-ru.pc 6. Add to the end of condition 83 the following: Grant to the City on any fInal map that contains a lot dedicated in fee to the city, a 10 foot gen.."'l'al utility easement parallel with and adjacent to the street right-of-way. . 7. Add new condition 90 to read as follows: 90. Pay the following fees in accordance with the City Code and Council Policy: . a. Transportation and Public Facilities Development Impact b. Signal Participation c. School d. All applicable sewer fees e. Telegraph Canyon Drainage and Sewer Basin f. Pay the SR 125 Transportation Development Impact fee as may be adopted by the City Council in the future.. g. Pay the amount of said fees in effect at the time of TIDal map or building permit as required by the City Code. 8. Add new condition 91 to read as follows: ~. 91. Provide to the City a letter from Otay Municipal Water District indicating that the assessmentslbonded indebtedness for all parcels dedicated to the City have been paid or that no asses!mlents exist on the parcel(s). 9. Add new condition 92 to read as follows: Applicant's successors in interest shall indemnity the City, its employees, and agents from any or all lawsuits and liabilities in connection with granting this Tentative Map extension and waives any claims arising from placing conditions upon such extension of the Tentative Map, whether the issues and liabilities are raised by The Rancho Del Sur Partnership any succeSsor in interest or any third party. 10. Add'DeW~COndition 93'to'rcad 'as'follows:' fir rl 4- Prepare-. and submit and ~ obtain" City~Council approval..of..-Water Conservation and Air Quality Improvement Plans before approval of the first Final Map. ..-. c2t r ".. 11. Add new condition 94 to read as follows: -- Comply with all requirements of the Public Facilities Financing Plan for . the project, as may be amended to conform with the City's adopted Growth Management Program, pllmlant to'Section 19.09.120 of the Municipal Code. . 12. Add new condition 95 to read as follows: Prior to consideration of any final subdivision map or grading permit for 6 any portion of the subject site, proof of an incidental take permit under Section 7, Section lOa of the Endangered Species Act (ESA) or any other form of approval by the USF&WS relative to the California Gnatcatcher or CSS shall be provided to the Environmental Review Section of the Planning Department. If such permit is not required, written verification to that effect from the U.S Fish and Wildlife Service shall be provided. Any project redesign in response to permits issued pursuant to Section 7 or lOa of the ESA or any other form of approval by the USF&WS may require reconsideration by the appropriate City decisionm~ lriT\g body. That a copy of this resolution be transmitted to the owners of the property and the City Clerk. ~ PASSED AND APPROVED BY TIIE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this July 14,1993 by the following vote, to-wit: AYES: Martin, Carson, Moot, Ray and Tarantino NOES: None ABSENT: Fuller and Tuchscher ABSTENTIONS: None ATTEST: ~ ~. Z;'(l1 Nancy 'pley, Secre'tary ,j) pcac-ru.pc hr .;7-( r This page blank 4 30 PAGES 31-34 MISSING flkfi'S 3(- 3t/ /llIJ~/~ water, sewer, ~~d traffic. ~r. Nanes state~ ~ost of Mr. Dav~s' concerns were addressed in the public hearing portion of the E:~, at General Deve:opment Plan stage. The developer will have to widen Telegraph Canyon Road to a s~x- prime arterial =rom Oleander to the eastern SPA boundary in phase IA. City Manager Goss stated the City is currently utilizing one million gallons of sewer capacity with twelve million gallons available. He noted there is a substantial amount of excess sewer capacity. Mr. Swanson info~ed Council that the City has contacted CalTrans regarding the study process for widening of on-ramps and bridges a=ross the freeway for Orange Avenue and 1-805. CalTrans has also been asked to look at the studies for signalization. Since these interchanges are under the control of CalTrans, they will not a:~ow the City ip~tall a temporary or permanent signal unless their criteria is met. ~~is could mean the City wi:l have to do extensive work (widening of the entire interchange). Mike Meszaros, 1415 Laurel Avenue, Chula Vista, California 92011, referred to Unit 2 on Laurel Avenue and stated there was an operational water line {Otay Water District} and was told by the engineer that it would be foolish to dig it up. He would also like to see a larger green belt on the west side of Unit 2. He understood the Cicy was up to sewer capacity but heard the City Manger say there was excess available. He stated he was go~ng to make a stand: don't do any more development, ~ssue any more water meters or building permits un~il we have the water to handle more development. Mr. Kruer responded the waterline that is existing is a backup waterline. One of the conditions of approval required them to move the line if required by Otay Water District, at a cost of approximately $200,000. The project will be one of the keys~ones to the eastern territory; $17 million is being required in o~f- ~ site improvements whi=h does not include the contribution required to the $23 million water storage tank. They also being required to put in four-lanes on Orange Avenue from Medical Center to the west, and they ~ agreed with the City engineering staff to put in five-lanes. Another requirement was to improve the sewer not only for their project, but also for Otay Ranch and the EastLake projects. There have been three community meetings with Laurel and Foxhill residents, and they will continue to meet and work with them. There being no further public testimony, the public hearing was declared closed. Councilwoman Mccandliss referred to Condition #87 which references the Growth Management Program and questioned whe~her it was adequate. Assistant City A~torney Rudolf stated the only difference from the condition and the historical procedure is, this is a notice; before it was a condition. It was staff's opinion that it was an agreement, and he expressed concern over the historical procedure being legally binding in the future. He felt this was clearly legal, and as far as the City can go in requiring it in this form. Condition #9 deals with Councilwoman McCandliss' concerns. Councilman Nader questioned whether Condition #9 dealt only with traffic and transportation. Assistant City A~torney Rudolf stated 9.A.2 was for public utilities and services which would include all of the City'S threshold standards. If the threshold was changed, it would also be binding. Councilman Nader wanted to state, for the record, that the City and Mr. Kruer agreed regarding Condition #87, that the implementation plan will be applied to the tentative map. If he votes for the tentative map it is with the understanding that there will be a condition placed on the tentative and any final maps. If challenged and overturned, it would then overturn his actions on this item. ~e Boogaard, City Attorney, stated Condition #87, is on the tentative map now. He requested that ~=. Leiter clarify any proposed interpretation that might be imposed on Condition #87. ~~. Leiter stated Assistant City Attorney Rudolf had expressed an opinion similar to his. There is a question, ~ --- r- J whether the condition can go beyond one of disclosure of the City's intent to adopt a Growth Management Plan and actually bind the project to certain types of restrictions. C:ity Attorney b:>:>saard stated it ....as the consensus of staff that the language cou::'::: :-emain as lS. _h order to address Co~~=ilman Nader's concerns, staff needed to draft a t:-anspo:-tation pha5in~ programs an::: :-elated growth management implemenCatiQn program and is to be returned with gro....th management elements, to be triggered on the basis of building permits. It is anticipated that staff could return to Council ....ithin ninety days. Councilwoman McCandliss recommended Condition #87 be modified to state (in the second sentence), "the development of property included in the final map will be subject to the provisions of these programs". RBSOLtl'TJ:ON 15640 OFl"BRED BY MAYOR. COX, reading of the text was waived, passed and approved 4- 0-1. with Councilman Halco1m ahsant. HS (McCandliss/Moore) amend Condition i87, delete the wcrds, "the City intends that". City Attorney Boogaard informed Council that Mr. Kruer had agreed upon Conditions #1 through #89, as stipulated. He questioned whether they would agree to the amendment and whether they deemed Condition #3, the Corporation Yard Option Agreement, would be met by this amendment. Jim Dawe, 3003 Fourth Avenue, San Diego, California, representing the developer, stated their concern was over being picked out and treated differently. Whatever the Growth Management program is, they are willing to go along with. He expressed concern that the wording, could later be interpreted to change that. Councilwoman McCandliss responded that by leaving the word "intent", it sounded more tentative, the amendment clearly represents what the City will be doing when they adopt the plans. She did not wan~ to ~ lead anyone into a different interpretation with the amendment. City Attorney Boogaard stated the language constitutes a more meaningful disclosure notice to subsequent purchasers of the property. Each subsequent tentative tract map will have to be deliberated upon, in the unfettered discretion by the Council, at the time it is before them. Mr. Dawe stated Condition #9, was placed on the project under the thresholds and questioned what the amendment would do to modify the condition. Councilwoman McCandliss stated it did not mean more, but she felt it was more clear and direct than ~he original language. City Manager Goss stated it was a matter of clarification. The first and second sentences say "intends" and the amendment is an attempt to make it clearer. Mr. Dawe stated it was acceptable as long as the record was clear that this project would not be treated differently than any other. VOTE ON MOTJ:ON: approved 4-0-1 with Council.m.an Malcolm absent. (05/22/.90) MS (Nader/McCandlis.) amend Condition i70. (third to the last sentence) to state, "the landscaping format within the project shall use native drought-resistant plant material wherever po.sible". Councilman Nader stated he wanted these conditions placed on every project approved within the City. He was not trying to single out this project for any adverse rules. Mr. Dawe questioned if this was part of the ordinance or was it a condition that would be placed on everyone. Assistant City Attorney Rudolf stated the condition is contained in policy 476- 04 which unfortunately, is two paragraphs inserted into the existing provisions of the City's Landscaping Manual and does not render itself 2/ ~ \3' to easy encaps~:a~ion. :ity Manager Gass felt the appl:cant would like something that was clear cut and mo~e precise thar. what appears in th~ ~~~~cy. Dawe state~ ~e underst6Dd ~~e in~ent of the change was to continue to work wi~h ~he landscape architect and w~erever possible ~hey would use native and drought resistant plant material. He sta~ed this would be accep~able as long as it was on the record that the project would not be treated any differently than any other project. VOTE ON MOTION; approved 4-0-1 with Council.man Malcolm absent. (05/22/90) RESOLUTION 15640 APPRO~NG PCS-90-07 AND PCK-90-1, FOR A TENTATIVE SUBDI~SION MAP II PROJECT, LO::ATIID SOOTH OF TB:LEGP.APH CANYON ROAD, ADJACENT TO THE CROLA VISTA MEDICAL CENTER, EAST OF GREG ROGERS PARK (05/22/90) RESOLUTION 15640 OFFERED BY MAYOR COX, reading of the text was waived, passed and approved 4- 0-1 wi th Council.man :Malcolm absent. MSC (Nader/McCandliss) to direct staff, when they bring back the Growth Management 1mplementation Plan, to relate the provisioIll!! and enforcement of the plan to the issuance of building permits. Passed and approved 4-0-1 with Councilman Malcolm absent. * * END OF C!7Y COUNCIL PUBLIC HEARING * * ~ The City Council adjourned at 6;30 p.m. to a Joint Meeting of 'City Council and Redevelopment Agency ing. r;/' ...; v / .-/ This page blank ... :35 TENTATIVE SUBDIV:SION MAP PCS-9C-07; APPEAL OF THE PLANNING COMMISSION DECISION TO APPROVE ONE-YEAR. TIME EXTENSION FOR THE ~ II SUBDIVISION, TRACT 90-07 _ On 7/14/93, the Planning C~ssion unanimously approved a one-time extension request for the Sunbow II Subdivision. Due to time cons=raints and lega: r~quiremen=5 c: ~he application, ~he applicant :i:ed in advance an appeal ~he Planning :ommission dec~s~oL ~o ensure ~~at any potential appea~, including the applicant's own, ~d be considered by Cou~il before the map exp~res (7/21/93) S~a:: recommends approval of the resolution. (Director of Planr.ing) (07/20/93) RESOLUTION 17177 DENYING THE APPEAL AND AFFIRMING THE PLANNING COMMISSION RESOLUTION TO APPROVE A ONE-YEAR TENTATIVE MAP EXTENSION FOR THE SUNBOW II SUBDIVISION, TRAcr 90-07 Ken Lee, Assistan~ Director of Pl~~ing, stated staff had talked to Mr. Hall and explained to him that the action requested by Council was an extension of the Tentative Map and did not deal with the land use issue per se. The land use issue was settled through the General Development Plan and SPA Plan in 1989- 90. The industrial land was not adJacent to the property but approximately one- quarter mile to the east and was a limited industrial zoning category and separated topographically by two ridges from the residential area. Mayor Nader stated the prevailing party was appealing against itself in order to make sure there was a timely hearing in order to expedite the process. If they waited, there was concern there could be regulatory or economic consequences for the holder of the map. It was due to a series of regulatory circumstances. This being the time and place as advertised, the public hearing was declared open. ~, Jim Dawe, 750 "E" Street, Dan Diego, CA, representing Sunbow II, st.ated the Mayor's explanation was accurate and t.hat due to Cit.y ordinances it. appeared it was necessary for them t.o come forward wit.h ppeal so the map would not expire. Other t.han a one or two sentence lett.er from Robinhood Home ~ivision, they did not receive any comments in opposition to the extension. City Attorney Boogaard requested that Mr. Dawe express his clients agreeability to t.he new conditions imposed on the extension. Mr. Dawe responded that his clients had already signed a letter agreeing to that except there was one modification in Condition #95, last sentence, which was clarified "may require reconsideration" rather than "will require reconsideration". It was his understanding that would be acceptable to the st.aff. City Attorney Boogaard questioned if all other conditions were acceptable. Mr. Dawe responded yes. A.W. Hall, l675 Pt. Reyes Court, Chula Vista, CA, member of the Resource Conservation Commission, was not present. MaYOT Nader read the following comment. into the record: "I object to this extension because of the land use permitted on the south side of Orange Avenue towards Robinhood". Nancy Bizzar=i, 416 Third Avenue, #10, Chula Vista, CA, was not present when called. There being no further public testimony, the public hearing was closed. RESOLU'l'ION 171.77 OFFERED BY KA.YOR HADER., r.ading of the text was waived, pas..d and approved 4-0-1. with Horton ab8laDt. r Nader requested that staff look at amending the ordinance and regulations so an applicant would not ~ to appeal themselves. ORAL COMMDNICATIONS None /: 31 A TT ACHMENT 8' This page blank oN iff) COUNCIL AGENDA STATEMENT ---- Item b Meeting Date 1/19/99 SUBMITTED BY: Resolution ) 9'.3 f J Appropriating SCOOT Funds for Cross-Gutter Installation at Southwestern College Driveways in the City of Chula Vista, California (CIP Project No. STL-249) Director of Public Works rrt:Cu City Manage~ ~ ~\ (4/5ths Vote: Yes ~ No_) ITEM TITLE: REVIEWED BY: The two main entrances to Southwestern College at the intersections of Elmhurst Street/Otay Lakes Road and Gotham Street/Otay Lakes Road provide transit access to and from the school. The concrete cross-gutters within the public right -of-way at these locations were severely deteriorated and broken and in need of replacement. It is staff's opinion that the deterioration was primarily caused by the heavy load of the buses on the pavement and, therefore, the City's transi t system should pay for the work. Replacement of these cross-gutters required coordination with transit route schedules and with the college's break schedule. Therefore, in order to complete the work during the winter break, staff requested, and received, informal lump sum bids from four qualified contractors. The low bid was received from Lee P. Shellberg dba New Century Construction. Because of the need to complete the work over the Winter break with the least disruption to the college and to the transit routes, the City Manager authorized the contractor to proceed with the work on an emergency basis and has completed said improvements. RECOMMENDATION: That Council approve the resolution appropriating SCOOT funds. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Failure of these cross-gutters over the past several months has been rapid and, therefore, this project had not been programmed into the current FY 1998-99 Capital Improvement Program budget. The college contacted City staff about the advanced state of deterioration of these cross- gutters in December 1998, and staff moved quickly to address the problem. Staff received verbal authorization from the City Manager to undertake this emergency work during the winter break. The City Manager has the authority under the City Charter to award contracts under $25,000. The work consisted of the sawcutting, removal and replacement of the cross-gutters with 9" of reinforced concrete on 6" Class II Aggregate Base on compacted native subgrade. The City Manager approved awarding the contract in the amount of $17,490 to Lee P. Shell berg, dba New Century Construction of San Diego, California. Funds for this project are available from the "SCOOT Capital Projects" account. SCOOT funds are being used for this project because the transit routes through Southwestern College utilize the two driveways and the buses are the primary reason that the concrete pavement broke up. J5~/ Page 2, Item Meeting Date 1/19/99 Financial Statement A. Contract Amount $17 ,490.00 B. Contract Contingencies (Approximately 20%) $3,510.00 C. Staff Costs (Design & Inspection) $1,500.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $22,500.00 FUNDS REOUlRED FOR CONSTRUCTION A. SCOOT Capital Projects (Fund 404-4040-STL249) $22,500.00 TOTAL FUNDS A V AILABLE FOR CONSTRUCTION $22,500.00 FUNDS AVAILABLE FOR CONSTRUCTION FISCAL IMPACT: The construction costs are estimated at $22,500, which are available from the "SCOOT Capital Projects" fund. After construction, only minimal maintenance of the driveways will be required. File No. STL-249 KPA/kpa H :IHOMEIENGINEERIAGENDA ISTL249. I 13 /S-:2 RESOLUTION NO. ) 931/:1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING SCOOT FUNDS FOR CROSS-GUTTER INSTALLATION AT SOUTHWESTERN COLLEGE DRIVEWAYS IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP PROJECT NO. STL-249) WHEREAS, the two main entrances to Southwestern College at the intersections of Elmhurst Street/Otay Lakes Road and Gotham Street/Otay Lakes Road provide transit access to and from the school; and WHEREAS, the concrete cross-gutters within the public right-of-way at these locations were severely deteriorated and broken and in need of replacement; and WHEREAS, it is staff's opinion that the deterioration was primarily caused by the heavy load of the buses on the pavement and, therefore, the city's transit system should pay for the work; and WHEREAS, replacement of these cross-gutters required coordination with transit route schedules and with the college's break schedule and in order to complete the work during the winter break, staff requested, and received, informal lump sum bids from four qualified contractors; and WHEREAS, the low bid was received from Lee P. Shellberg dba New Century Construction; and WHEREAS, because of the need to complete the work over the winter break with the least disruption to the college and to the transit routes, the City Manager authorized the contractor to proceed with the work on an emergency basis and has completed said improvements. NOW, THEREFORE, BE IT RESOLVED the city Council of the City of Chula Vista does hereby appropriate $22,500 from SCOOT Capital Projects (Fund 404-4040-STL249) for Cross-Gutter Installation at Southwestern College Driveways in the city of Chula Vista, California (CIP Project No. STL-249). Presented by Approved as to form by John P. Lippitt, Director of Public Works Kaheny, ty Attorney H:\home\attorney\rs\scoot.app /~5'3 COUNCIL AGENDA STATEMENT ITEM TITLE: Item ) & Meeting Date 1/19/99 Resolution /9.3 '/'1 Accepting the bids received and authorizing the McMillin Companies to construct La Media Road between Telegraph Canyon Road and Palomar Street and receive credit or reimbursement against Transportation Development Impact Fees Director of Public Works ~ City Manager SUBMITTED BY: REVIEWED BY: (4/5ths Vote: Yes_No X) The City Engineer received a letter dated December 8, 1998, from McMillin Land Development, requesting authorization and credit for construction of roadway facilities identified in the City's Transportation Development Impact Fee (TDIF) Capital Improvement Projects (CIP) list. The improvement plans have been submitted and approved by the City Engineer as of August 26, 1998. RECOMMENDATION: That the City Council adopt the resolution authorizing the McMillin Companies to construct La Media Road between Telegraph Canyon Road and Palomar Street and initiating reimbursement or DIF credit proceedings in accordance with the TDIF ordinances BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable DISCUSSION: On December 8, 1998, Robert Pletcher, Vice-President of McMillin Land Development, sent a letter (Exhibit "A") to the City requesting authorization and Transportation Development Impact Fee credit for the construction of La Media Road (formerly a portion of Otay Lakes Road) between Telegraph Canyon Road and Palomar Street, including the crossing of Telegraph Canyon Channel. This street segment is identified as a portion of Project No. 10 on the City's Transportation Development Impact Fee Capital Improvement Program (TDIF CIP) list included in the DIF report revision dated November 9, 1993 (Exhibit "8"). City staff informed Mr. Pletcher that he would need to obtain a minimum of three bids for the work involved before the projects could be authorized and approved for TDIF reimbursement by Council. Road construction and other improvements, such as sewer and dry utilities, for La Media Road between Telegraph Canyon Road and Olympic Parkway is included as part of Community Facilities District (CFD) No. 97-03 for Otay Ranch McMillin SPA One. This District was formed and established by Council on November 24, 1998, and the levy of a special tax to finance the District was approved on December 15, 1998. The City required the developer to competitively bid the portion of this project which would be included in the CFD and completed subsequent to Ii- -/ Page 2, Item Meeting Date 11]9/99 the formation of the CFD, based on the City's Acquisition and Financing Agreement with the developer and the bond counsel's interpretation of the Mello-Roos Act. The grading and culvert construction for the Telegraph Canyon Channel crossing commenced in October 1997 and was completed in February 1998. Grading for La Media Road commenced in March 1998. Construction of street improvements, including landscaping, commenced in September 1998 and is anticipated to be completed by March 1999. The contract amounts for the currently proposed work covered by this TDIF project are as follows (see Exhibits "C" through ""G" for estimates). These costs are for the construction of the entire six-lane facility. 1. Roadway construction, including median: $1,291,129.19 estimated as TDIF eligible 2. Roadway grading: $385,648.25 3. Storm drain: $165,968.00 estimated as TDIF eligible. This was based on an assumption that an 18-inch storm drain (the size of the upstream portion) would be required without any development. This assumption will need to be reevaluated after construction has been completed. 4. Grading and culvert for channel crossing: $239,829.35 5. Landscaping for channel mitigation area: $19,555.75 estimated as TDIF eligible TOTAL: $2,102,130.54 Under TDIF ordinance procedures, a developer may request reimbursement or credit for the construction of facilities identified in the TDIF project list. The ordinances provide that a developer may request authorization from the City Council to construct one or more of the transportation facilities listed in the ordinance. The total cost estimate for Project No. 10 contained in the Development Impact Fee Report as of January, 1994 is $4,574,000, with $4,011,700 of that being the cost of improvements and contingencies. This project was intended to only cover the cost of Phase I of La Media Road, which includes all grading, a landscaped median, paving for a four-lane major roadway, and sidewalk. Expansion to a full six-lane facility would be included in Phase II. Staff has determined that it would be more cost effective for the developer to construct both phases of the roadway at the same time. The upcoming revision of the TDIF will include La Media Road as a six-lane facility. At this time, McMillin is constructing La Media Road from Telegraph Canyon Road to Palomar Road, which is approximately half the length of the total TDIF project, as a six-lane facility. Under the current TDIF, McMillin will only be entitled to a credit of up to 75 percent of 1/2 ($4,011,700), or $1,504,387.50, after adoption of this resolution. A maximum of $2,005,850 in construction costs would be eligible for credit or reimbursement after construction is completed under the current TDIF ordinances. It is anticipated, however, that the /i"d- Page 3, Item Meeting Date 1/19/99 revised TDIF will be in effect at the time when construction has been completed and the developer is ready to submit all invoices and receipts. Credit for the portion of the facility included in the CFD will be given on the basis of eligible funds expended rather than on an Equivalent Dwelling Unit (EDU) basis, since annual CFD payments are not based on EDUs. It is anticipated that most of the major projects listed in the TDIF ordinances will be built by developers and that developers will earn credits against future fees at the building permit stage. Should the credits from future projects not be enough to offset the developer's front-end expense for a particular project, the City will reimburse additional monies to the developers at the time that the City feels there are adequate funds to do so and if reimbursement will not delay needed future projects. The TDIF ordinance provides a procedure for issuance of credits or tender of reimbursement offer to developers. The developer has complied with the procedural requirements of the TDIF ordinance. Per this ordinance a description and cost estimate of the improvements along with other information and statements is required to be submitted to the City Council. The following information has been submitted as required by the ordinance: 1. The letter dated December 8, 1998 to the City Engineer requesting that the City authorize reimbursement or credit for the construction of a roadway facility identified in the City's TDIF project list (included as Exhibits "A" & "B", respectively); 2. The project description (Exhibit "B") was submitted along with the bids for the portion of the project included in the current request. The cost estimates obtained from the low bidders are included as Exhibits "C" through "G"; 3. The McMillin Companies have prepared and submitted grading and improvement plans to the City. The improvement plans were approved as of May 29, 1998. Easements and rights-of-way for the project have all been obtained as required by the Director of Public Works. All necessary permits and environmental clearances necessary for construction of the project have been obtained by the McMillin Companies. The McMillin Companies have also paid all required permit and plan check fees and posted any security which is necessary for the project. /" - .J Page 4, Item Meeting Date 1/19/99 4. The City will not be responsible for any of the costs of constructing the project. All funds to construct the project shall be advanced by the McMillin Companies. 5. The TDIF ordinances require a developer to secure at least three (3) qualified bids for the work to be done. This requirement has been complied with for all construction contracts except for the main roadway construction project. This project was publicly advertised and bid, but only two contractors submitted a bid on the project, as verified by City staff. . Staff recommends that two bids be considered acceptable for the wet utilities contract based on McMillin's good faith effort to comply with the City's requirements. Any extra work or changes during construction shall be justified and documented. 6. The TDIF ordinances also require that the contract be awarded to the lowest bidder. This has been the case with all the construction contracts except for the landscaping work. The developer decided to award the contract to the second lowest bidder at a cost of $23,740.44. Since the lowest bid was $19,555.75 (Exhibit "G"), the City will pay a maximum of this lower amount. 7. When all work has been completed to the satisfaction of the City, the McMillin Companies shall submit verification of payments made for the construction of the project to the City. The Director of Public Works shall make the final determination on expenditures which are eligible for credit or reimbursement. 8. The McMillin Companies will receive credit against required Development Impact Fees at the time of issuance of building permits. FISCAL IMPACT: None to the City. The McMillin Companies will advance all necessary funds to construct the project and will receive a credit or cash reimbursement in accordance with the provisions of Ordinance #2251 and as amended by Ordinances #2289 & 2580. The McMillin Companies will be eligible to receive up to $1,504,387.50 in credit at this time. The actual amount of credit or reimbursement will be determined by the Director of Public Works and be based on actual final costs. Under the TDIF Ordinance, reimbursement will only be disbursed when the City determines sufficient funds are available. The developer will pay all related City staff costs including those for inspection and administration of the TDIF credit procedure. Exhibits: A. Letter dated December 8, 1998 from Robert Pletcher to City) / B. Project No. 10 description included in the November 9, 1993 revised TDIF report C. La Media Road construction summary of TDIF eligible costs with portions of the contract and low bid j D. Portion of grading contract and low bid J /tft ~r Page 5, Item Meeting Date 1/19/99 F. E. Summary of TDIF eligible cost for storm drains with portions of the contract and low bid J Portions of contract f4r grading and culvert for Telegraph Canyon Channel crossing with low bid , Low bid (Wrisley) and selected bid (Doose) for landscaping j G. File No.: 0730-95-HX053 H:\HOME\ENGINEERIAGENDA \LAMEDlA.EMC Re\l12J23/983:31pm J ~ ~-~ RESOLUTION NO. /737""1 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS RECEIVED AND AUTHORIZING THE McMILLIN COMPANIES TO CONSTRUCT LA MEDIA ROAD BETWEEN TELEGRAPH CANYON ROAD AND PALOMAR STREET AND RECEIVE CREDIT OR REIMBURSEMENT AGAINST TRANSPORTATION DEVELOPMENT IMPACT FEES WHEREAS, the City Engineer received a letter dated December 8, 1998, from McMillin Land Development ("McMillin"), or their successor in interest or assignee, requesting authorization and credit for construction of roadway facilities identified in the city's Transportation Development Impact Fee (TDIF) Capital Improvement Projects (CIP) list, and initiate the DIF credit process; and WHEREAS, the projects for which authorization is requested are included in the list of TDIF CIP projects generally described as La Media Road (formerly a portion of Otay Lakes Road) between Telegraph Canyon Road and Palomar Street, including the crossing of Telegraph Canyon Channel (a portion of CIP Project 10) ("Project"); and WHEREAS, the grading plans for the proj ect have been submitted and approved by the city Engineer as of August 26, 1998; and WHEREAS, easements and rights-of-way for the Project have all been obtained as required by the Director of Public Works; and WHEREAS, all clearances necessary for obtained by McMillin; and necessary permits and environmental construction of the Project have been WHEREAS, in accordance with Ordinance 2251 and as amended by Ordinances Nos. 2289 and 2580, a developer may request reimbursement or credit for the construction of facilities identified in the TDIF CIP List; and WHEREAS, the total cost estimate for proj ect No. 10 contained in the Development Impact Fee Report as of January, 1994 is $4,574,000, with $4,011,700 of that being the cost of improvements and contingencies; and WHEREAS, under the current TDIF, McMillin will only be entitled to a credit of up to 75 percent of 1/2 ($4,011,700), or $1,504,387.50. 1 /k -- c? NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby accept the bids received and authorize McMillin to construct La Media Road between Telegraph Canyon Road and Palomar Street and receive credit or reimbursement for such work, against the Transportation Development Impact Fees in accordance with the conditions set forth in Section 4, Article II of Ordinance 2251. BE IT FURTHER RESOLVED the actual amount of credit or reimbursement will be determined by the Director Public Works, based on actual final costs. Presented by Approved as to form by L~ ' <O'll c ~~ JO~ Kaheny, City 1'> torney John P. Lippitt, Director of Public Works H:\home\attorney\olympic3 2 Jt~ ? ~\\ ~//:J.LJ ~/~/h// /7 -:;:J1:' / ~ McMillin 1~R~)2~~elopment December 8, 1998 Mr. Clifford L. Swanson Deputy Public Works Director/City Engineer CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 RE: McMillin Otay Ranch SPA I, Phase 1 La Media Road Phase 1 and Channel Crossing Trans-D.I.F. Credit Application Dear Mr. Swanson, Attached, please find the documentation supporting bid costs for La Media Road and the crossing of Telegraph Canyon Channel. La Media Road is a six-lane prime arterial roadway that provides access to the Otay Ranch and is eligible for Transportation Development Impact Fee ("T.D.I.F.") reimbursement. We hereby request City Council approval for construction of the roadway, as well as reimbursement for the T.D.I.F. eligible components. The attached exhibit shows the roadway location. The improvement plans for La Media Road Phase I (Sheet Nos. 98-434 through 98-445) were subject to public bid. The advertisement and letter of invitation to bid opening on August 21, 1998 are attached. The costs for La Media Road total $2,063,874.89, as follows: Hard Costs- $1,842,745.44 Roadway grading in the amount of$385,648.25. Grading for La Media Road was bid separately and three competitive bids are attached. Storm drain in the amount of SI65,968.00. After discussion with your staff, it was assumed that the T.D.I.F. eligible portion was 18" diameter pipe in the road with inlets, clean outs and outfall structure. An analysis of the T.D.I.F. eligible storm drain is attached, along with three competitive bids for all the storm drain facilities. The T.D.I.F. eligible items in the amount of SI,291,129.19 are attached, along with two public bids for the entire roadway. After discussion with your staff, the mobilization cost was allocated one-third for LaMedia Road. Soft Costs- $221,129.45 (12% of hard costs) A\\ A\\ A\\ A\\ A\\ h:data\en~lbPkeibyr\o~lgi~pc McMillin Land Development McMillin Homes McMillin Commercial CORPORATE OFF I:::!: 2727 HOOVER AVENUE NATIONAL CITY CA 91950 TEL (619) 477-4117 FAX (619) 336-3112 / www.mcmillin_com/{_ f Attached are estimated soft costs to date. An engineering design contract in the amount <?fS50,650.00. A geotechnical testing contract allocated to La Media Road as one-third in the amount ofS9,616.67. Construction staking allocation in the amount of SI 0,500.00 for the T.D.I.F. eligible items. Inspection & plan check fees, estimated at 6% of hard costs, in the amount of $11 0,564.73. The improvement plans for La Media Road Crossing @ Telegraph Canyon Channel (Sheet Nos. 97-523 through 97-525) were competitively bid. The three bids are attached. The costs for the La Media Crossing total $290,511.31, as follows: Hard Costs- $259,385.10 A construction contract in the amount of$239,829.35 is attached. The low bid landscaping estimate for the mitigation area in the amount of$19,555.75 is attached. The work will be contracted with a higher bidder, a subcontractor performing adjacent slope planting work, but the credit request is based on the low bid amount. Soft Costs- $31,126.21 (12% of hard costs) Attached are estimated soft costs to date. An engineering design contract in the amount ofS4,500.00. A geotechnical investigation contract in the amount of$3,000.00. A construction staking proposal in the amount of $3,050~bo. A geotechnical observation contract in the amount of$14,085.00. A mitigation analysis and monitoring contract in the amount of $31 ,591.00. A landscape design contract for the mitigation area in the amount of $2,100.00. Inspection & plan check fees are estimated at 6% of hard costs, in the amount of$15,563.11. All items of work have been bid, or are currently under contract. The La Media Crossing of Telegraph Canyon Channel is completed as evidenced by the attached Form PW-E- 106. The grading and storm drain work for La Media Road is completed. Pursuant to the current ordinance, we hereby request that Trans-D.I.F. credits in the amount of$ 1,576,597.90 be approved. This represents 75% of the hard cost amounts referenced above. If you have any particular questions or require additional information, please contact me directly at 336-3672. Sincerely, Robert A. Pletcher Vice-President h:data\engnring\bpletcher\otaymch\difD21tr.doc Z /(,-9 MCMillin / otay Ranch villages 1 & 5 , / / ,/ / / u'- , ~. ( , JUly 15. 1998 , i ~ P&D / CTE Engineers M 401 West -;"" Street Suite 2500 san Diego, CA 92101 ;3- ~ N 200 0 200 400 Feet /6- /3 This page blank "" 1/ 6ff-/8/T8 PROJECT NO. 10 OTAY LAKES ROAD TELEGRAPH CANYON ROAD TO EAST ORANGE AVTh"UE PHASE I Project Description: Construct Otay Uikes Road as ~ six lane prime anerial (104 feet curb to curb), from Telegraph Canyon Road to East Orange Avenue. Improvem:nts to include grading, pavement, drainage facilities, curb, sidewalks, bnrk"'sping, and ~t lighting. This project is to be constructed in two phases. Only Phase I is included in this report. Cost Estimate: Phase I $4,574,000 Project Location: ci It (', I ' " --, ~ 1 ~ --...J , : r-J ,--" I \ ...... , v , , , , , L~__ ' -.., /: 1 , , , ,J Cl C .. ~-_.\ - .- ~ ~ ....--' --~~ - \ O"..IlGE \ J \ I \ ' \ , \l >!5 /6-// OTAY LAKES ROAD TELEGRAPH C.4...1\i'YON ROAD TO EAST ORA.lIolGE A VElII'1JE PHASE I COST ESTIMATE Estimate June 1992 I. Public Improvements $ 3,488,400 ll. 15 % Contingency 523.300 Subtotal $ 4,011,700 m. 6 % Design $ 241,000 IV. 6 % Inspection and Administration 241.000 Subtotal $ 4,493,700 V. 2 % DIF Administration $ 80.200 ~ TOTAL $ 4,573,900 USE S 4.5i4.000 1. Original project was extended southerly to the new DIF boundary (proposed East Orange A venue alignment). 2. Phase I cost estimate is for full grading, fulllandsCllp"..d median, 32 feet of pavement each way and sidewalk. Phase llwiII be included later when additional development warrants the construction of the J'f!m~;n;ng improvements to complete a 6 lane facility. If/-If).. 12122198McMillin Project Services, lnc.-Offsite Developement-Bid Tabulation CI#/&/re File Name: H:IJJATAIENGNRING\EPLETCHRIOTA YRNCHlOTYDIFBD.WK4 Project: McMillin Otay Ranch, SPA 1, Backbone Roads (Public Bid) Bid Date: Job Numbers: Cost Item Code No. Item Descri tion Protect NO',,061 05 La Media Rd. (Sta. 10+55 to 35+96.33) 103-318-0000 1 Site Preparation & Mobiiization ;0~-321:0()00.._1.,_Mediani:lrainJ~.OO. P.V.C~L__,. n 2 Median Drain (4.00. P.V.C.) Perforated 3 ;Median,Q.@Lt}_,J)lRf!~g____.__._ 4 Median Drain (4.00. P.V.C.lArea) '__, ____~.__~edia_"_Drain (4.00. Atriu"'"f.o,ver)_____ ; 03-336-0000 1 StreetLightStandard (Two Arm. Median) : 2 Street Light Standard (One Arm)' .. -- --- ___l___I@~_~ Sigl1-,~!!~~!!Q.~J~jl__~.~gi;:'l_@ T_~I~g.r~p.b..gY!l_Road) 2 Traffic Signalization (La Media @ E. Palomar) ; 03-351-0000 1 . Guard Raii (C.omplete in PlaceL ".._ .- -------- -. -- 2 iSurvey Monument (Completein Place-)--- 0-'__ 3 'Traffic Signag-" (gomplete/As Reguire,dJ. 4 ,Barricade, Permanent (Complete in Place) _ __ ._..____ 5 iPost & Rail Fence (Com~lete in Place) 6 1 Traffic C.ontrol (As' Required) c03,357-0000 1 IConerete, Curb & Gutter (TypeJ::l) ! 2 IConerete, Curb (Median) (Type B-1) _ 3 :Conerete, Curb OuUet (As Reguir~cI).____~ 'I 4 I Concrete, Cutoff Wall ..._.._____----.?_ i Concret~!..M_~_c!jan StamQcrete 6 'Concrete, Sidewalk 7 i Concrete, Pedesbj?n Ramp 8 1 Miscellane.ous Removai (Compiete) (\"-363-0000 1 [Roadway, Subgrade PreQ.aration & Com~ction 2 I Roadway, Grading & Finish for Parkway & Sidew 3 IR.oadway, Crushed Ag~!egate Base (14.00.) 4 1 Roadway, Crushed Aggregate Base (12.00.) 5 I Roadwa ,C.onerete Pavement 8.00.) 6 I Roadway, Tack (Grade SS.or CSS-1) .__."'n... 7 : Roadway, AsphalUc Concrete Base (3.50.).(Tl'I'e 8 I Roadway, Asphaltic Conerete Base (1.50.) (Type 9 1 Roadway, Asphaltic C.onerete Finish (1.00:1.(Tyl"'..""lJ 10 : Roadway, A.C. Berm (Complete) ! 11. I Roadway I Pavement Mkg ~------12-iMjsceJJaneous Removai & 103.372-0000 1 :irrigati.on, P.V.C. Sieeve, 6 r---------z!.Jrrigation, P.V.C. Sleeve, 4 Total Amount Bid Bidder Name: 'T.e. Construction Unit Quanti Unit Price Extension Lump Sum 1$130,000.00 $42,goo.001 ____u_ --}~;; ~:~: i~1H~ -----Ts:~~:~~1 9 Ea. 395.00 3,555.00 I 45 Ea. 91~OO"- 4,095.061 ,_~~IOa,_ 52.70 2,371.50' _ .__ __8.. Ea. ~3c04.scQQ. 24,360.00' 2 Ea. 2,730.00 5,460.00 Lump Sum' 84 000 00 84 000 00 ------- .--- ..----- Lump Sum I 96,600.00 48,300.00 440 L.F. I 21.95 9,658.00 ---.-. 3 Ea. 402.15 1,206.45 . 26 Ea. 240.00 6,240.00 150 L.F. 36.70 5,505.00, 4,759 L.F. 11.00 52,250.00 I Lump Sum 30,296.85 30,296.85 --".- - 5,090 L.F. 6.70 34,103.00 4,850 L.F. 4.50 21,825.00 -----~ 1 Ea. 1,580.00 1,580.00 6 Ea. 110.00 660.00 __..Jl,500 S.F. 5.30 50,350.00, 37,255 S.F. 1.45 54,019.75 ' 6 Ea. ~ 78.80 472.80 [ ----- Lump Sum 5,000.00 5,000.00 I -_.- 254,285 S.F. 0.33 83,914.051 aJk Area Lump Sum 19,755.29 19,755.291 243,000 S.F. 1.15 279,450.00 I 10,285 S.F. 1.00 10,285.00 I - 10,285 S.F. 3.10 31,883.50 I 17 Ton 240.00 4,O80,0~l 3, B-3) 243,000 S.F. 0.65 157,950.00 3, C-2) 243,000 S.F. 0.30 72,900.00 I 3, D) 243,000 S.F. 0.25 60,750.00 150 L F I 3501 525 00 I I , r-----~.._- . . I 13'OOO:0~ ~ & Striping Lum~m.._ 13,000.00 Sawcutting (Complete) Lump Sum 6,000.00 6,000.00 .00. 300 L.F. 8.30 2,490.00 .00. 300 L.F. $7.20 $2,160.001 ~ject No. 0610S0L. .. $1,291,129.19; /f Ib --/:3 SECTION 6 AGREEMENT CORKY McMILLIN CONSTRUCTION SERVICES. L'lc. 2727 HOOVER A VENUE NATIONAL CITY. CALIFORNIA 91950 (619) 336-3500 COST CODES: 03-318-0000 03-321-0000 03-336-0000 03-351-0000 03-357-0000 03-363-0000 PROJECT: La Media Road. East Palomar Street (West), Santa Cora A venue and Master Utilities Looo .. Contract No.:061050-9 061051-9 061052-9 061053-9 CONTRACT SUMMARY TOTAL AMOUNT: Three Million Seven Hundred Ninetv Seven Thousand Nine Hundred Fifteen and 9911 00 Dollars $ 3.797 ,2. This Agreement made this I st day of Seotember. 1998. by and between Com McMillin Construction Services. me.. 272' Hoover Avenue. National City. California 91950. hereinafter called the PROJECT MANAGER, and T.e. Construction Comoanv. Ine. 10510 Prosoect Avenne Santee. CA 92071 hereinafter called the CONfRACTOR, to perform part of the work on the above project. All work shall be per signed/dated plan specification as prepared by Rick Emrineering Comoanv. Hughes and Associates ani others listed in Section I. "Invitation to Bid". CONTRACTOR REPRESENTATIVE: You are hereby notified that . telephone number CONTRACTOR'S representative for the performance of this Contract. DATE -J:/ /6-/~ <./ Page 6-] Connnued Secnon 6 (Agreement I rONTRA.CTOR'S WORK: The OWNER employs the CONTRACTOR as an mdependent CONTRACTOR, Ie p=.onn the work descnoed herem. The CONTRACTOR shall penonn such work (heremafter called th, CONTRACTOR'S work) under the general dlrecnon of the PROJECT MANAGER and in accordance with till, A.greement and the Contract documents. , CONTRACT DOCUMENTS: The Contract documents which are binding on the CONTRACTOR are set forth ir :ills secnon. Item 5. Upon the CONTRACTOR'S request the PROJECT MANAGER shall furnish a copy of the Sf documents. CONFLICTS: In the event of a conflict between this Agreement and the Contract documents, the "Soecia Provisions" and "Scope of Work" sections shall govern. 4. PRECEDENCE: It is und=ood the work to be performed under these Contract documents, including the tenns ane conditions thereof, is as described in Sections 1 through 10 herein, together with any special provisions which an mtended to complement same. However, in the event of any inconsistency, the "Special Provisions" and "Scooe 0 Work" sections shall govern. .tuIy work performed which becomes subject to a Change Order (see Exlubit "B") purchase order, or other work document, will be subject to all conditions of this Contract. CONTRACT DOCUMENTS: All work included in these Contract prices is based on plans noted earlier in thi, ,ecnon. Plans prmted after this date may have plan changes affecting the CONTRACTOR'S work, and shall b, verified with the PROJECT MANAGER'S authorized representative. The CONTRACTOR also agrees to be boune by any specifications which may exist in any Contract between the OWNER and PROJECT MANAGER.. Also included as part of Contract documents, to be supplied by-the CONTRACTOR, are the following: Faithful Performance and Labor Materials Bond (Required) BidlProposal (Complete, Including Addenda, As Applicable) Certificate of Insurance Equal Opportunity Agreement 5. IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal, the day and year first above written The parties have read the entire document and understand all "Terms and Conditions" contained therein and Agree to b, bound by those provisions. CO CONSTRUCTION SERVICES, INC.: CO KEN CREETON, SENIOR VICE PRESIDENT q,4'~~ DAn.~f ~ (/ - 9 - c.f -cr~ DATE 9/?/t(f .'\-402459 LICENSE NO. ~- 16-/5 Page 6-: Continued Section 6 (Agreement) COST BREAKDOWN FOR PAYMENT: ITEM DESCRIPTION OF WORK QUANTITY UNIT PRICE ITEM TOTAL La Media Road ISta. 10+55 to 35+96.331 i Contract No. 061050-91 I I 03-318 Site Preparation: I ':~L:l Site Preparation & Mobilization (All Projects) 03-321 i Wet Utilities (Storm Drain. Sewer & Water): ~! Median Drain (4.00" P.V.C.) Median Drain (4.00" P.V.C.) Perforated Median Drain, Pipe Lug Median Drain (4.00" P.V.C.lArea) I ! Median Drain (4.00" Atrium Cover) i Sewer Main (12" P.V.C.) Sewer Main (8.00" P.V.C.) Sewer Manhole (Standard) Sewer (Connection) Sewer (Plug) Sewer (Adjust Manhole) Sewer (Pavement Removal & Replacement) Water Main, Reclaim (16" P.V.C., CI. 235) Water Main, Reclaim (8.00" P.V.C., CI. 235) Water Main, Reclaim (6.00" P.V.C., CI. 235) Water Main (12" P.V.C., CI.150) Water Main (8.00" P.V.C., CI.150) Water Main (6.00" P.V.C., CI.150) Water, Fire Hydrant Water (Butterfly Valve, 16") Water (Gate Valve, 12") Water (Gate Valve, 8") I I Water (Gate Valve, 6") Water (Air Release Valve, 4.00") Water (Air Release Valve, 2.00") Water (Blow Off, 4.00") I Water (Blow Off, 2.00") Lump Sum 1,155 L.F. $ 7.60 3,500 LF. 14.00 9 Ea. 395.00 45 Ea. 91.00 45 Ea. 52.70 2,685 L.F. 40.10 960 LF. 20.50 12 Ea. 1,960.00 ~, 2 Ea. 1,080.00 6 Ea. 35.00 12 Ea. 385.00 700 S.F. 10.85 3,115 LF. 52.70 195 L.F. 19.00 515 LF. ! 16.00 I 2,945 L.F. ! 38.00 75L.F. 17.50 155 L.F. 15.10 3 Ea. 2,200.00 6 Ea. 2,100.00 7 Ea. 970.00 2 Ea. 585.00 2 Ea. 500.00 2 Ea. 5,250.00 5 Ea. 2,150.00 2 Ea. 4,550.00 2 Ea. 800.00 --I&- /0 -/h $ 130,000.00 8,778.00 49,000.00 3,555.00 4,095.00 2,371.5 107,668.50 19,680.00 23,520.00 2.,160.00 220.00 -\620.00 ' T ,595.00 184,160.50 3;705.00 8;240.00 111,910.00 1,312.50 2,340.50 6,600.00 12.,600.00 6,790.00 1,170.00 1,000.00 10,500.00 10,750.00 9,100.0 1,600.00 Page 6-3A Continued Section 6 (Agreement) COST BREAKDOWN FOR PAYMENT (Continued): _ DESCRIPTION OF WORK QUANTlTY UNIT PRICE' ITEM TOTAL -- ~-- I La Media Road fSta. 10+55 to 35+96.33) Contract No. 061050-91 (Continued) . 03-321 I Wet Utilities (Continued): '- Water (Irrigation Service, 2.00") Water (End Cap, 16") Water (End Cap, 12") Water (End Cap, 8.00") Water (Relocate Blow Off, 6.00") Water (Relocate Blow Off, 4.00") I Water (Relocate Blow Off, 2.00") Water, Relocate A.R.V., 4.00" Water, Relocate A.R.V., 1.00" Water, Relocate Meter Water, Remove Blow Off Water, Connect to Existing 16" Water, Connect to Existing 12" Water, Adjust Gate Valve (Complete) Water, Pavement Removal & Replacement i 03-336 Drv Utilities: : i'!P, X7 =j?Efectric & Gas (Joint Trench) (Complete) v I , Electric, Slurry Encasement Electric Conduit, 5.00" Electric Conduit, 2.00" Electric Handhole (3423) Electric Handhole (3316) I Electric Transformer Pad (3421) (Complete) Electric, Retaining Wall (Height 4.00') Electric, Irrigation Meter Pedestal (Complete) Electric, Shade Sand (Complete in Place) Gas Trench Only Gas Poly Pipe, 6.00" Gas Poly Pipe, 4.00" I I I 8 Ea. 3 Ea. 5 Ea. 2 Ea. 2 Ea. SEa. 4 Ea. I 3 Ea. 1 Ea. 6 Ea. ~ 2 Ea. 1 Ea. 1 Ea. 25 Ea. 310 S.F. 2,550 LF. I , , 2,550 L.F. I 10, 430 L.F. 20 L.F. 1 Ea. 2 Ea. 1 Ea. 1 Ea. I 4 Ea. I Lump Sum 50 L.F. 2,300 L.F. 80 L.F. d-t" Ib -/7 $ 1,030.00 450.00 190.00 165.00 2,700.00 2,600.00 2,485.00 2,570.00 2,380.00 590.00 1,050.00 3,800.00 3,380.00 300.00 11.60 6.90 6.85 2.90 1.10 1,470.00 2,940.00 210.00 1,890.00 1,970.00 3.15 2.65 1.45 $ 8,240.00 1,350.00 / 950.00 330.00 5,400.00 13,000.00 9,940.00 7,710.00 / 2,380.00 ,/ 3,540.00 2,100.00 3,800.00 3;380.00 7;500.00 3,596.00 -Ii (AJ'O?l'T .sv 17,595.00 17,467.50 30,247.00 22.00 1,470.00 5,880.00 210.00 1,890.00 7,880.00 9,160.00 157.50 6,095.00 116.00 Page 6-3B Contmued Section 6 (Agreementi COST BREAKDOWN FOR PAYMENT (Continued): ITEM DESCRIPTION OF WORK QUANTITY UNITPRICE ITEM TOTAL La Media Road ISta. 10+55 to 35+96.33) Contract No. 061050-91 (Continued) 03.336 Dry Utilities (Continued) , , I Gas, Shade Sand (Complete in Place) " Telephone/Cable Trench Only Telephone Slurry Encasement Telephone Conduit 4.00" Telephone Manhole, 15'x6'x9' (Complete) Telephone/Cable T.V. Pedestal Telephone/Cable Shade Sand (Complete in Place) Street Light Standard (As Required/Complete in Place) (Two Light Arms Per Standard) Street Light Standard (As Required/Complete in Place) (One Light Per Standard) Traffic Signalization (La Media Road at Telegraph Canyon Road) Traffic Signalization (La Media Road at East Palomar Street) 03-351 SDecialtv Items: c II Guard Rail (Complete in Place) ';'- I Survey Monument (Complete in Place) Traffic Slgnage (Complete/As Required) Barricade, Permanent (Complete in Place) Post & Rail Fence (Complete in Place) Traffic Control (As Required) 03-357 Site Concrete: ....,( ! - Concrete, Curb & Gutter (Type H) Concrete, Curb (Median) (Type B-1) Concrete, Curb Outlet (As Required) Concrete, Cutoff Wall Concrete, Median Stampcrete Lump Sum $ 6,000.00 2,550 L.F. $ 3.25 8,287.50 100 L.F. ' 8.95 895.00 30,636 L.F. 1.65 50,549.40 3 Ea. 6,825.00 20,475.00' 10 Ea. 63.00 630.00 Lump Sum 1,449.00 8 Ea. 3,045.00 24,360.00 ....-- ~ 2 Ea. 2,730.00 5,460.00 ...- Lump Sum 84,000.0' Lump Sum 440 L.F. 21.95 9,658.00 3 Ea. 402.15 1,206.45 - 26 Ea. I 240.00 6,240.00 150 L.F. 36.70 5,505.00 4,750 L.F. 11.00 52,250.00 - Lump Sum 30,296.85 - I 0':, "s,\o. 5,090 L.F. 6.70 34,103.00 4,850 L.F. 4.50 21,825.00 1 Ea. 1,580.00 1,580.00 6 Ea. 110.00 660.00 9,500 S.F. I 5.30 50,350.0" ./ -;;:Z:-' /0-/? Page 6-3C Cominued Secnon 6 (Agreement) COST BREAKDOWN FOR PAYMENT (Continuedl: _ DESCRIPTION OF WORK QUANTITY UNIT PRICE- ITEM TOTAL ~ --- La Media Road (Sta. 10+55 to 35+96.33) Contract No, 061050-91 (Continuedl 03-357 ,Site Concrete (Continued): Concrete, Sidewalk Concrete, Pedestrian Ramp Miscellaneous Removal (Complete) 03-363 Street Surfacina: Roadway, Subgrade Preparation & Compaction . Roadway, Grading & Finish for Parkway & I Sidewalk Areas Roadway, Crushed Aggregate Base (14.00") Roadway, Crushed Aggregate Base (12.00") Roadway, Concrete Pavement (8.00") ; Roadway, Tack (Grade SS or CSS-1) Roadway, Asphaltic Concrete Base (3.50") (Type 3, B-3) , r' 1",\,-, " Roadway, Asphaltic Concrete Surface (1.50") (Type3, C-2) Roadway, Asphaltic Concrete Finish (1.00") i (Type 3, OJ I I i Roadway, A.C. Berm (Complete) I Roadway, Pavement Mkg. & Striping Miscellaneous Removal & Sawcutting (Complete) 03.372 l'rriaation: ~.14mgation, P.V.C. Sleeve, 6.00" i Irrigation, P.V.C. Sleeve, 4.00" I I Total Amount Bid (Contract No. 061050-91) I ,', I I I 37,255 S.F. ' 6 Ea. Lump Sum 254,285 S.F. Lump Sum 243,000 S.F. 10,285 S.F. 10,285 S.F. 17 Ton 243,000 S.F 243,000 S.F. 243,000 S.F 150 L.F. i Lump Sum 300 L.F'I 300 L.F'I I -;-8- /6-/9 $ 1.45 78.80 0.33 1.15 1.00 3.10 240.00 0.65 0.30 0.25 3.50 13,000.00 8.30 7.20 $ 54,019.75' 472.80 5,000.00 \ Lo~C)I.D.~ 83,914.05 19,755.29 279,450.00 / 10,285.00 ,; 31,883.50 4i08O.00 157,950.00 525.0 13,000.0 6,000.0 740,49,1. g 2,490.00 2,160.00 ~~.~S-n.OT $ 2,203,453.09 \-\ Page 6-3D ConllTIued Section 6 (Agreement! COST BREAKDOWN FOR PAYMENT (Continued): i Summary Total for La Media Road, I East Palomar Street (West), Santa I I Cora Avenue & Master Utilities Loop . . Total Amount (All Projects) ! I $ 3,797,915.99 ~ # Ib~~l) Page 6-3L Continued SeCtlDn 6 (Agreementi COST BREAKDOWN FOR PAYMENT (Continued): JTEMf 1 DESCRIPTION OFWORK-. QUANTT1Y; I UNITPRICE ,ITEM TOTAL _I ~l-- ! La MedIa Road ISta. 10+55 to 35+96.33\, East I . Palomar Street (West\ (Sta. 27+55 to i . 35+95.93\. Santa Cora Avenue ISta. 10+09 to ! 34+16.97\ & Master Utilities Loop : Contract Nos.: ; 061050-91.061051-91,061052-91 & 061053-91 03-363 . Street Surfacinq: Determination of actual street surface materials thickness made after subgrade uR" value test (as required) for all projects. Cost PerfS.F. Inch Decomposed Granite (Add) Decomposed Granite (Deduct) Crushed Aggregate Base Course (Add) Crushed Aggregate Base Course (Deduct) Asphaltic Concrete for Base Course (Add) Asphaltic Concrete for Base Course (Deduct) Asphaltic Concrete for Surface Course (Add) Asphaltic Concrete for Surface Course (Deduct) "'PerfS.F. PerfS.F. PerfS.F. PerfS.F. PerfS.F. PerfS.F. $ 0.95 0.95 1.15 1.00 0.50 0.45 PerfS.F. 0.30 PerfS.F. 0.25 ~ /6 -c2/ Page 6-3M This page bla ...' , /6 2727 HOOVER AVENUE NATIONAL CITY, CALIFORNIA 91950 (619) 477-4117 diP &P/y//y jncMILLIN-D.A. AMERICA OTA Y RANCH, LLC COST CODE: 03-318d1000 Site PreparationlEartbwork. Items SECTION 1 ACREEMENT PROJECT: Otav Ranch, SPA I, Phase 1 CONTRACT NO.: 781101-12 CONTRACT PRICE: Three Million, Seven Hundred Fiftv-One Thousand. Fiftv-Five and 831100 Dollars S 3.751,055.83~ This Agreement made this January 19. J 998. by and between McMillin-D.A. America Olav Ranch LLC. 2727 Hoover Avenue, National City. California 9 J 950. hereinafter called the Owner, and Signs & Pinnick P.O. BOI 945 EI Cajon, CA 92022 hereinafter called the Contractor, to perform part of the work on the above project Category of Work: Site PreparationlEarthwork Items .. PLAN REFERENCE: Plans prepared hy Rick Engineering Company are referenced as follows: McMillin Otay Ranch, SPA I, Portions of Villages 1 & 5 Grading and Erosion Control Plan, Unsigned Tract 97-01 Sheets 1 through 25 CONTRACTOR'S REPRESENTATIVE: You are hereby notified that PICk:' PI NJJJCX Contractor's representative for the performance of this Contract. , telephone number (619) 579-8333. is designated to be the ,,1: 7f oR,,-;;;' u I> NTRA OR Ib4j q'J DATE / If) J/I/95 McMillin Companies J~ Otay Ranch, SPA LPhase 1 - Site PreparationlEarthworkltems (781101-12) "/ ( /0 -;ZJ- Page 1 of32 <Antinued 5. Section 1 (Ag=ment) 1. CONTRACTOR'S WORK: The Project Manager employs the Contractor as an independent Contractor to perform the work described in Section 1. "Al!reement". The Contractor shall perform such work (hereinafter called the Contractor's work) under the general direction of the Project Manager and in accordance with t' . Agreement and the Contra::! documents. 2. CONTRACT DOCUMENTS: The Contract documents, which are binding on the Contractor, are set forth in this "Section. Item 5". Upon the Contractor's request the Project Manager shall furnish a copy of these documents. 3. CONFLICTS: In the event of a conflict between this Agreement and the Contract Documents, the "Senne or Work" and "Soecial Provisions" shall govern. 4. PRECEDENCE: it is understood the work to be performed under this Agreement, including the "Term. ad Conditions" thereof, shall be performed as described in "Sections 1 throul!h 5" herein, together with any "Snecial Provisions" which are intended to complement same. However, in the event of any inlYOn.;"'~"Y the "Scone of Work" and "Special Provisions" sections shall govern. Any work performed which becomes subject to a Change Order (see Exhibit "E"). Purchase Order, or other work document, will be subject to all "Term. ad Conditions" of this Contract. CONTRACT DOCUMENTS: All work included in the Contract price is based on plans as rcf=<:ed, see Page One (! ). Plans printed after this date may have changes affecting the Contractor's work, and shall be verified with the Project Superintendent. The Contractor also agrees to be bound by any specifications which may exist in any Contract between the Owner and Project Manager. Before signing this Contract. the Contractor shall have visited the jobsite to; ascenain all job conditions, procedure nf operations, production schedule, and job requirements; discuss plans, specifications. and 'tiny questions. to thereby determine that all items, conditions, etc., to render a complete job in all aspects, have been included in the Contract total. The "Scone or Wnrk" shall include. but not be limited to, the "General Terms And Conditions". all labor, materials. tools, equipment, all taxes, inc1ndir sales tax, insurance, and labor fringe benefits, to render a complete job in every aspect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal. the day and year first above written. Tbe parties have read the entire document and understand "Al!reement. Scope of Work. Special Provisions. Pavment Provisions ad General Terms and Conditions" contained herein and agree to be bound by those provisions. SIGNS & PINNICK: M<MILK5f~ OTAYIlANCH= KEN SCREETON. SENIOR VICE PRESIDENT I-u -19) -if-; >I JJ-;: TRA DR V It.,;; P j) J:J:.).DJ:-"':AJ } TITLE 29-"'1),2 LICENSE NO. DATE /6'-23 OtayRanch, SPAL Phase 1- Site PreparationlEanhwork Items (781101-12) ff Page2af32 SECTION 4 COST BREAKDOWNIPA YMENT PROVISIONS COST BREAKDOWN FOR PAYMENT: Otav Ranch. SPA I. Phase 1. Gradin!! & Draina!!e 03-318~000 Site Preparation Items: Mobilization Lump Sum $ 35,600.00 $ 35,600.00 Alluvium (Over-Excavation and 752,369 C.Y. 0.84 631,989.96 Recompact) Burrito Sub-Drains 8,300 L.F. 12.60 104,580.00 Common Excavation 2,038,000 C.Y. 0.87 1,773,060.00 Finish Grading Lump Sum 357,525.00 357,525.00 Sheet Finish Tract R-22 516,010 S.F. 0.05 28,380.55 Common Excavation (La Media Road) 415,000 ~.Y. 0.87 361.050.00 Finish Grading (La Media Road) 447,241 . S.F. 0.05 24,598.25 Common Excavation (palomar Road) 54,000 C.Y. 0.87 46,980.00 Finish Grading (palomar Road) 239,777 S.F. 0.05 13,187.74 12" Rip Lot, (Rip and Recompact) 86,661 S.F. 0.04 3,033.14 Undercut & Transition Exc. 50,000 C.Y. 0.87 43,500.00 4" Lot Drains (perforated) 6,040 L.F. 20.15 121,706.00 4" Lot Drains (Tight Line) 940 L.F. 10.15 9,541.00 Brow Ditch Per Plans 9,458 L.F. 12.18 115,198.44 3" C.T.E. Trail System (Complete) 13,116 S.F. 0.86 11,279.76 10" C.T.E. Trail System (Complete) 34,923 S.F. 2.00 69,846.00 Included here and considered an integral pan ofthis Contract are "Sections thrau h S" and Y Exhibits or Attachments. ~/~/ 9'~ DATE Otay Ranch, SPA I, Phase I - Site PreparationlEarthwork Items (781101-12) ~ /b - c:;7'- i f Page 17 of32 , Code Oeser; tion 321 DRAINAGE 18" RCP 1500 24" RCP 1500 30. RCP 1500- 36" RCP 1500 42" RCP 1500 48" RCP 1500 54" RCP 1500 18" RCP 1500 WT 24" RCP 1500 WT 30" RCP 1500 WT 36" RCP 1500 WT 42" RCP 1500 WT 48" RCP 1500 WT 54" RCP 1500 WT Median Drain. 1Z"PV Storm Drain Pipe Catch Basin"F" 24" Riser 30. Riser 36" Riser 48" Riser 60. Riser Curb Inlet, Type "B" Curb Inlet, Type "B" Curb Inlet, "B-1" 7' Curb Inlet, "B-1" 8' Curb Inlet, "B-1" 9' Curb Inlet, "B-1", 23' Curb Inlet, "B- 1", 9' Curb Inlet, "B-1", 7' Curb Inlet, "B-1", 12' Curb Inlet, "B-1", 18' Curb Inlet, "B-1", 1 l' Curb Inlet, "B-1", 13' Curb Inlet, "B-1", 14' Curb Inlet, "B-1", 17' Type A-4 Drain C.O. Type A-5 Drain C.O. Type A-6 Drain C.O. Drain CJeanouts Adjust Cleanouts Headwall, Type "U" Headwall HeadwaUs Wing Wall Wing'Wall Wing Wall Wing Wall Curtain Wall Connections Concrete Anchor Concrete Lug Rip-Rap, 1/4 Ton Rip-Rap, Light Class Concrete Ret. Wall Agg. Cutoff Wall Dissipator, 0-41 Other S ub- Total McMillin Otay Ranch Backbone Roads Storm Drain o 4fb/1- C- iH:lOAT A\SITEDE\tiESTIMA TE\OTYBBSD1.WK4] Unit Cost Quanti Subtotal Total All Drainage faCIlities oeslgnated to carry sun-ace water to nearest practical street storm dram. or watercourse. 28.65 X ~LF S~ bB,7{gt) Note: Storm Drain Improvements shown on this 34.80 /. 2,4.;;0 l...F SO page are based on units installed inside 43.75 X LF $0 the Right of Way Line on La Media. 54.40 X LF $0 Assume 18" RCP only per Bob p, 68,30 X LF $0 This is considered a "Backbone Road" X LF $0 and is subject to reimbursement from X LF SO Trans-DIF funds. 36,30 X LF $0 42.55 X LF $0 60.00 X LF $0 70.05 X LF $0 88.60 X LF $0 X LF $0 183.60 X LF $0 25.00 X 80 LF S2,OOO X OLF $0 X OEA $0 X 0 EA $0 X 0 EA $0 X OEA $0 X 0 EA $0 X 0 EA $0 X 0 EA $0 X 0 EA SO X 0 EA SO X 1 EA $2,750 X 1 EA $2,750 X 0 EA $0 X 0 EA $0 ~ X OEA $0 X 0 EA $0 X 0 EA $0 X 1 EA $2,750 X 1 EA $2,780 X 1EA $~~O X 2 EA $5,560 X 2 EA $5,780 X 12 EA S35,640 X 1EA UJOO X 0 EA SO 350.00 X 15 EA S5,250 3.390.00 X 1 EA S3,390 X 0 EA $0 X 0 EA $0 X 0 EA $0 X 0 EA $0 X OEA $0 X 0 EA $0 X OEA $0 X 0 EA $0 X 2 EA $1,750 X 1 EA $400 X 40 CY $1,908 X 12 CY S550 X 260 SF $4,680 X 26LF $0 13.190.00 X 1 EA S13,190 X 0 LS $0 2.395.00 2,450.00 2,505.00 2,750.00 2,750.00 4,050.00 2,750.00 3,050.00 4,090.00 2,750.00 2,780,00 2,890.00 2.780,00 2,890.00 2.970.00 3,190.00 875.00 400.00 47.70 45.85 18.00 Modified Includes A.5 modified cleanouts. Type S-9 per Plan, Included in rip-rap price. 1~5,"1H;> $2ge;2!'I NA per Lot Cost ~ 1/1195 McMillin Companies -ad /t' -d5 ~ 0 j',,':MILLIN-D.A. AMERICA OTA Y RANCH LLC 2727 HOOVER AVENUE NATIONAL CITY. CALIFORNIA 91950 (619) 477-4117 COST CODE: 03-321~OO Wet Utilities SECTION 1 AGREEMENT PROJECT: Otav Ranch. SPA t. Phase J. Storm Drain CONTRACT NO.: 781101-21 CONTRACT PRICE: One Million. Sixtv- Three Thousand. Four Hundred. Fiftv-Four and 251100 Dolla" S 1.063.454.25 ~ This Agreement made this 22nd dav of Januarv. 1998. by and between McMillin-D.A. America Olav Ranch LLC. 2727 Hoover Avenue. National City, California 91950, hereinafter called the Owner, and T.e. Construction Company, Ioe. 10510 Prospect Avenue Santee, CA 92071 hereinafter called the Contractor, to perform part of the work on the above project. Category of Work: Wet Utilities " PLAN REFERENCE: Plans prepared by Rick Engineering Company are referenced as follows: McMillin Olay Ranch, SPA I, Portions of ViUages 1 & 5 Grading and Erosion Control Plan, Unsigned Tract 97-01 Sheets 1 through 25 CONTRACTOR'S REPRESENTATIVE: You are hereby notified that representative for the performance of this Contract. DATE iO 111/95 McMillin Companies Otay Ranch, SPA 1, Phase I, Storm Drain - Wet Utilities (781101-21) ~. /6 - 2 t:b " Page 1 of29 Continued Section I (Agreement) I. CONTRACTOR'S WORK: The Project Manager employs the Contractor as an independent contractor, to perform the work described in Section 1. "Al!Teement". The Contractor shall perform such work (hereinafter referred to as the "Contractor's work") under general direction of the Project Manager, and in accordance with this Agreement and the Contract Documents. 2. CONTRACT DOCUMENTS: The Contract Documents, which are binding on the Contractor, are set forth in this "Section. Item 5". Upon the Contractor's request. the Project Manager shall furnish a copy of these documents. 3. CONFLICTS: In the event of a conflict between this Agreement and the Contract Documents, the "Scooe of ~ and "Special Provisions" sections shall govern. 4. PRECEDENCE: It is understood the work to be performed under this Agreement, including the terms and conditions thereof, is as described in "Sections 1 throul!h 5" herein, together with any special provisions. which are intended to complement same. However, in the event of any inconsistency, the "Scone of Work" and "Soecial Provisions" sections shall govern. Any work performed which becomes subject to a change order (see Exhibit "E"), purchase order or other document, will be subject to all "Terms and Conditions" of this Contract. 5. CONTRACT DOCUMENTS: All work included in these Contract prices is based on plans as referenced, see Page One (I). Plans printed after this date may have plan changes affecting the Contractor's work, and sbaI1 be verified with the Project Superintendent, The Contractor also agrees to be bound by any specifications which may exist in any Contract between the Owner and the Project Manager. Before signing this Contract, the Contractor shall have visited the jobsite to; ascertain all job conditions, procedure of operations, production. schedule and job requirements; discuss plans, specifications, and any questions, to thereby detenuine that all items, conditions, etc., to render a complete job in all aspects, have been included in the Contract total. The "Scone of Work" sbaI1 include, but not be limited to, the "General Terms and Conditions". all labor, materials, tools, equipment, all taxes, including sales '.ax, insurance, and labor fringe benefits, to render a complete job in every aspect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal, the day and year first above written. The parties have read the entire document and understand "Al!reement. Scone of Work. Snecial Provisions. Pavrnent Provisions and General Terms and Conditions" contained herein and agree to be bound by those provisions. T.e. CONSTRUCTION CO RACTOR TITL~ ~ V~ :;:LV:> 9- LICENSE NO. McMILLIN-D.A. AMERICA OTA Y RANCH LLC: " , L' "" ., ~, : '\ II LJ...v~ KEN 'sCREETON, SENIOR VICE PRESIDENT (. cr':'!> DATE <l':! 1/1/95 McMillin Companies OtayRanch, SPAt Phase I, StorroDrain- Wet Utilities (781101-21) ~ ;t-;r7 Page2of29 SECTION 4 COST BREAKDOWNIPA YMENT PROVISIONS COST BREAKDOWN FOR PAYMENT: IIIII.I!..II'I_ttm!&"t.lli'I!IIIe:_'.IJ._~~,::;..;';:'; ,-, 03-321-0000 Otav Ranch. SPA I. Phase 1. Storm Drain 18" RC.P., 1500-D 2,180 L.F. $ 28.65 $ 62,457.00 18" RC.P., 1500-D W.T.J. 1,985 L.F. 36.30 72,055.50 24" RC.P., 1500-D 2,416 L.F. 34.80 84,076.80 24" RC.P., 1500-D W.T.J. 640 L.F. 42.55 27,232.00 30" RC.P., 1500-D %0 L.F. 43.75 42,000.00 30" RC.P., 1500-D W.T.J. 64 L.F. 60.00 3,840.00 36" RC.P., 1500-D 1,446 L.F. 54.40 78,662.40 36" RC.P., 1500-D W.T.J. 240 L.F. 70.05 16,812.00 42" RC.P., 1500-D 2,420 L.F. 68.30 165,286.00 42" RC.P., 1500-D W.T.J. 495 L.F. 88.60 43,857.00 42" RC.P., 2000-D W.T.J. 16 L.F. 88.70 1,419.20 54" RC.P., 1500-D 315 L.F. 95.50 30,082.50 ~. 54" C.M.P., 14GA 222 L.F. 85.90 19,069.80 24" C.M.P., 14GA 247 L.F. 37.75 9,324.2:" 84" C.M.P., Riser I Ea. 5,545.00 5,545.(J(, 54" C.M.P., Riser I Ea. 2,065.00 2,065.00 36" CMP Riser I Ea. 2,475.00 2,475.00 30" CMP Riser 2 Ea. 2,275.00 4,550.00 24" CMP Riser 2 Ea. 2,130.00 4,260.00 Catch Basin, Type "f" 4 Ea. 1,925.00 7,700.00 Type B, Inlet, 5' 20 Ea. 2,395.00 47,900.00 Type B-1, Inlet, 6' 3 Ea. 2,450.00 7,350.00 Type B-1, Inlet, 7' 2 Ea. 2,505.00 5,010.00 Type B-1, Inlet, 8' I Ea. 2,750.00 2,750.00 Type B-1, Inlet, 9' 2 Ea. 2,750.00 5,500.00 Type B-1, Inlet, 10' 4 Ea. 2,805.00 11,220.00 Type B-1, Inlet, II' 5 Ea. 2,750.00 13,750.00 Type B-1, Inlet, 12' 5 Ea. 3,050.00 15,250.00 Type B-1, Inlet, 13' I Ea. 2,780.00 2,780.00 Type B-1, Inlet, 14' I Ea. 2,890.00 2,890.00 Type B-1, Inlet 15' 1 Ea. 3,650.00 3,650.00 Otay Ranch, SPA 1, Phase I, Storm Drain - Wet Utilities (781101-21) ~ /b-;z, ~ (InitiaIs~ Page 14 of29 Omtinucd Section 4 (Cost Breakdown) COST BREAKDOWN FOR PAYMENT (CONTINUED): 't._'~III.IJI"fi~ltll""11I 03-321-0000 Otav Ranch, SPA I. Phase I, Stonn Drain Type B-1, Inlet, 17' I Ea. S 2,780.00 $ 2,780.00 Type B-1, Inlet, 19' 3 Ea. 4,090.00 12,270.00 Type B-1, Inlet, 21' 2 Ea. 4,035.00 8,070.00 Type B-1, Inlet, 29' I Ea. 4,145.00 4,145.00 Clean Out, Type A-4 44 Ea. 2,890.00 127,160.00 Clean Out, Type A-5 9 Ea. 2,970.00 26,730.00 Clean Out, Type A'(' I Ea. 3,190.00 3,190.00 035 Wingwall, 54" 2 Ea. 1,750.00 3,500.00 D35 Wingwall, 24" 1 Ea. 1,145.00 1,145.00 035 Wingwall, 18" I Ea. 930.00 930.00 030 Wingwall, 42" I Ea. 1,640.00 1,640.00 D41 Energy Dissipalor 42" 1 Ea. 13,190.00 13,190.00 R & R D35 Wing Headmill 36" 1 Ea. 1,940.00 1,940.00 ~ Concrete Lug 10 R. C.B. 2 Ea. 1,310.00 2,620.00 Concrete Lug 10 R. c.P. I Ea. 330.00 330.00 Concrete Plugs 3 Ea. 325.00 975.00 Concrete Anchors 11 Ea. 875.00 9,625.00 Connect 10 Structure I Ea. 875.00 875.00 Rip-Rap, 2 Ton 80 c.y. 50.00 4,000.00 Rip-Rap, 1/4 Ton 5 C.Y. 47.70 238.50 Rip Rap Facing 30 C.Y. 45.85 1,375.50 Rip-Rap. 2 Ton Drop Structure 256 C.Y. 50.80 13,004.80 Rip-Rap, 1/4 Ton Drop Structure 240 c.y. 85.40 20,496.00 Concrete Sill Walls I L.S. 2,405.00 2,405.00 ..:....:.. ~, ~, .. .. ^" H.WW~U"v.'" W~, *"" ,*,,' <,v<... ,XU.X'x' ,X{ "......".. "'':::'=::':,%';>>>''>>*,'''''>>>>:O'':'l'('':- .:.~:.' ..., u...,.... '. ,... ,..,..... ... ...nw'ffiW<:::=::':~~';-:';';;w;~,,,,,,,...,,,,,*,,,,,,,,,v"',>>>>,,,,"~% '>>a....~.~......~":=: .:UrnfH:;(,":, ~{: ,"'~f ,...~ ~<::'>>, <~,x;...~x '~:t:~t;~f;m;f~~~12;~EJE%~~~1f?ig",~>~x~~~'N;~~~"'#'~'i?~~t Included here and considered an inlegral part ofthis Contract are "Sections 1 throu h 5" and any /- :Sa-9'? DATE OtayRanch, SPAr, Phase I, StormDrain- Site Preparation/Earthworldtems (781101-21) ~ /6 -;<9 Page 15 of29 ,ucMILLIN-D.A. AMERICA OTA Y RANCH LLC E;fI-l/8/rF COST CODE: 03-318-0000 03-321-0000 2727 HOOVER AVENUE NATIONAL CITY, CALIFORNIA 91950 (619) 477-4117 Site PreparationlEarthwork Items Wet Utilities SECTION 1 AGREEMENT PROJECT: Otav Ranch. SPA I. Phase 1. Gradinl! & Drainal!e CONTRACT NO.: 78110]-11 CONTRACT PRICE: Two Hundred Thirtv-Nine Thousand. Eil!ht Hundred. Twentv-Nine and 351100 Dollan S 239.829.3S~ This Agreement made this 18th dav of November. 1997. by and between McMillin-D. A. America Olav Ranch lLC. 2727 Hoover Avenue, National City, Califorrtia 91950, hereinafter called the Owner, and T.C. Construction Company, IDe. 105]0 Prospect Avenue Santee, CA 9207] hereinafter called the Contractor, to perform part of the work on the above project. ~ Category of Work: Site PreparationlEarthwork & Wet Utilities PLAN REFERENCE: Plans prepared by Rick Engineering Company are referenced as follows: Grading Plans, Drawing No. 97-525, Plan Sheets 1 through 3, Signed: ]0/15/97. CONTRACTOR'S REPRESENTATIVE: G'l"',ve- &KJf t.....J You are hereby notified that Contractor's representative for the performance of this Contract. . teleA:r~desi:~;bethe CO'NTRACTOR DATE //-rll-97 <rJ 111/95 McMillin Companies /r;;- 30 Otay Ranch, SPA L Phase I, Grading & Drainage - Site PreparationlEarthwork Items (781101-11) :5t7" Page 1 of34 Continued Section I (Agreement) 1. CONTRACTOR'S WORK: The Project Manager employs the Contractor as an independent Contractor to perform the work described in Section I. "Al!reement". The Contractnr shall perform such work (hereinafter called the Contractor's work) under the general direction of the Project Manager and in accordana: with " Agreement and the Contract documents. 2. CONTRACT DOCUMENTS: The Contract documents, which are binding on the Contractor, are set forth in this "Section. Item 5". Upon the Contractor's request the Project Manager shall furnish a copy of these documents. 3. CONFLICTS: In the event of a conflict between this Agreement and the Contract Documents, the "Scoue of Work" and "Snecial Provisions" shall govern. 4. PRECEDENCE: It is understood the work to be performed under this Agreement, including the "Terms and Conditions" thereof, shall be performed as described in "Sections 1 throul!h 5" herein, together with any "Special Provisions" which are intended to complement same. However, in the event of any inamsistcncy the "Scoue of Work" and "Special Provisions" sections shall govern. Any work performed which ~ subject to a Change Order (see Exhibit "E"). Purchase Order, or other work document, will be subject to all "TerDII and Conditions" of this Contract. 5. CONTRACT DOCUMENTS: All work included in the Contract price is based on plans as referenced, see Page One (I). Plans printed after this date may have changes affecting the Contractor's work, and sha1l be verified with the Project Superintendent. The Contractor also agrees to be bound by any specifications which may exist in any Contract between the Owner and Project Manager. Before signing this Contract, the Contractor shall have visited the jobsite to; ascertain all job conditions, procedure of operations, production schedule, and job requirements; discuss plans, specifications, and"imy questions, to thereby determine that all items, conditions, etc., to render a complete job in all aspects, have been included in the Contract total. The "Scoue Of Work" sbalJ include, but not be limited to, the "General Terms And Conditions". all labor, materials, tools, equipment, all taxes, inc1udi sales tax, insurance, and labor fringe benefits, to render a complete job in every aspect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement under seal, the day and year first above written. The parties have read the entire document and understand "Al!reement. Scope of Work. Special Provisions. Pavment Provisions and General Terms and Conditions" contained herein and agree to be bound by those provisions. T.e. CONSTRUCTION COMPANY, INe.: / L~ CONTRAq~~A I ~ f/hc- ~ TITLE McMILLIN-D.A. AMERICA OTA Y RANCH LLC, a Delaware Limited Liability Company By: McMillin Otay Ranch, Inc., a California Corporation, Its: M~: ~~. _ \.' I. ( '\ ~'o;~ KEN StREETON, VICE PRESIDENT . t ~ /'1 ( . c I '~I DATE L(oz <-(5)9 LICENSE NO. /6'-$/ ,....,7' Otay Ranch, SPA L Phase I, Grading & Drainage - Site Preparation/Earthwork Items (781101-11) cL 6 Page2af34 SECTION 4 COST BREAKDOWN FOR PA YMENT: COST BREAKDOWNIPA YMENT PROVISIONS II~BIII11111"lfl.Sil'I.IIIf('"jll'II.I_'J li(IEIBlli Illt~)!:~_ Otav Ranch, SPA I. Phase I 03-318-0000 Site PreDaration Item., 1. Develop Water and Mobilization 2. Site Preparation, Stripping and/or Compaction 4. Common Excavation and Compaction 14. Brow Ditch, D-75 (Type B) 03-321-0000 Wet Utilitiell: 19. Install Concrete Box Culvert (Double 9 x 5/Complete) R c.P., 30" (Reconstruct) Install Spillway (A. C.) (Complete) Remove & Replace Rip Rap (1/4 Ton) 20. Install Concrete Wing Wall (Complete) Lump Sum Lump Sum S 9,000.00 6,500.00 6,400 C.Y. 360 LF. S 8.70 55,680.00 3,960.00 11.00 198 LF. Lump Sum Lump Sum ~. 237 C.Y. 2 Ea. 640.00 126,720.00 47.55 10,100.00 4,100.00 2,400.00 11,269.35 20,200.00 Included here -and considered an integral part of this Contract are ~Sections 1 throu Otav Ranch, SPA I, Phase 1 Add Alternate No.1 03-321-0000 Wet Utilities: Schedule Reduction ,/'. CON'fRACTOR DATE //-z 7-97 1111;_'~iltltrl;iE..'\ll'.I"I. Lump Sum 16,000.00 / t ~.JZ- Otay Ranch. SPA L Phase I, Grading & Drainage - Site PreparationlEarthwork Items (781101 -1 ~ Page 20 of34 . Wrisley Landscape, Inc. E;-?hr G LICENSE #352222. 3603 PI CO ROA;) Vi 5T,L, C:.. 920B4 PHCH'E'760: 749-494' Ft.)~ ,760 749-220:' May OB, 199B McMillin Companies 2727 Hoover Avenue National City, CA 91950 Attention: Bryan England Reference: otay Ranch, Telegraph Canyon Road Dear Bryan, Wrisley Landscape, Inc. is pleased to submit our bid on the above referenced project. Our bid is based on plan sheets 1 througb 5 dated December 16, 1997 as prepared by Gillespie Design Group, Inc. Per your -Instructions To Bidders" please note tpe enclosed bid sheets. Please note our bid as follows: Otay Ranch Total Base Bid $10,204.75 Bid Note: 1) Our bid does not include a controller. Please note the following three options: A) Thirty six (36) station (as specified) $ 9,351.00 B) Thirty six (36 ) station Sentar w/Lemur 'I"ype "A"stainless steel enclosure " 2,415600 C) Eight (B) station Sentar w/Lemur Type "A" stainless stee 1 enclosure S 1,350.00 Bid Exclusions: ;o7PL / f;:f ~5'.>; 75 A) Power to controller B) Water meters or associated fees C) Rou~h grading. All areas to be accepted at plus (+) or minus (-) one tenth of a fooe from finish grade. 3t /b~.3~_. FILtRAKEI SCH2435 PROJECT RAKEIOTAY RANCH JOB RAKEI TELEGRAPH CARYON ROAD KASTER DETENTION BASIN JOB NUKRER, 781106 DESCRIPTION, CONTRACTOR BID SHEET CONTRACTOR: DOOSE LANDSCAPE, INC. / 11-10-98 PAGE 1 01" 1 R====S...==CZ=====..E~===..===C~..E=====...====..E===A.c==~===....E========..==;~=;;==..3=S===.R ::ODE DESCRIPTION UNIT COST QUANTITY UK ftCftILLIN DOOSE rxTENSIDN QUANTITY Uft EXTENSION *.===~=5.Z==#..c====a..Ec===aE====.:.2===~a.=====2..====..===~E=====;~...=====~~~====:...=====~= 77B PLANTING AND IRRIGATION 1 GAL SHRUBS 8' D.C. IRRIGATIOX (SHRUB) 21 DAY WEED ABATEKENT FIRE GRADE 91 DAY KAINTEHANCE SS.360 625 EA S3,350.00 625 EA $3,350.00 $0.272 52,675 SF .14, 327. 6B . 52,140 SF ~14,lB2.08 .B.034 52,67:1 SF 11,79fll.95 52,140 SF 11,712.76 ~0.04l/l 52,675 SF S2,1B7.0fll 52, 140 SF' $2,08:5.60 1LS 82,370.0fJ 1 LS 82,350.00 -------------- ------------- SUBTOTAL I 823.945.5:5 .23,741'1." CLARIFICATIONS I · ALL VOIX TO BE FIELD KEASURED BY JOIIT EFFORT OF BUYER AID SELLER. · ALL PROPERTY LIIE AND PERIKETER AREA STAKING TO BE PROVIDED BY OWNER AS NEEDED. · PERKITS l FEES PROVIDED BY OTHERS. · BID DOES HOT INCLUDE WATERIHG OF AREAS BY WATER TRUCK OR SUPPLEIIENTAL RESOURCES. · WHERE ROCK LADER SOIL OR CALICHE IS ERCOllHTERED THE"USE OF ROCK BREAKING EOUIPIIENT IS TO BE CONSIDERED EXTRA WORK INOT A PART OF THIS BID) AND WILL BE BILLED OR A TIKE AND IIATERIALS BASIS. · DAKAGE CAUSED BY INCLEKEWT WEATHER SHALL BE REPAIRED OR A TIllE AND IIATERIAL BASIS. · EROSION CONTROL JUTE ftESH, SAND BAGS AND SILT FENCE (NOT IN BASE BID) CAN BE PROVIDED AT AN ADDITIONAL COST. · EXCLUDED, SOIL PREP. ICOST TO BE DETERKINED UPON BIOLOGIST'S RECOllftENDATIONSI BIOLOGIST FEES OR REPORTS. (TO BE HIRED BY OWNER) TOP-DRESS IIULCH. .. · BID IICLUDES S ALUnINUn RECLAIIIED WATER USAGE WARNING SIGHS ON POSTS SET IN CONCRETE. · CONTROLLER BID AS RAINBIRD ESP-8KC WITH PDD-16 PEDESTAL AND RAIRCHECK DEVICE. · PLANTING BACKFILL BID AS 60% SITE SOIL AND 40% NITRO-IIEND 1300. · ELECTRICAL POWER AND WATER KETER TO BE PROVIDED BY OWNER. ~ /6-3~ ~ COUNCIL AGENDA STATEMENT Item J? Meeting Date 1/19/99 ITEM TITLE: Resolution / '73 .y S Approving agreement between the City of Chula Vista and the Otay Water District regarding cost sharing for a paving project on Otay Lakes Road ar appropriating funds therefor SUBMITTED BY: Director of Public Works~ \ LA REVIEWED BY: City Manage~ ~~\ (4/Sths Vote: Yes X No-.J The Otay Water District is proposing to install a 16 inch diameter recycled water main along Otay Lakes Road from Eastlake Parkway to Medical Center Drive on or before March, 1999. The easterly 1,900 linear feet of this project will be located on a portion of Otay Lakes Road that needs maintenance and is targeted for a 1 1/2 inch thick asphalt concrete overlay in FY 99-00 (see locator map). Realizing that both projects involve the same portions of Otay Lakes Road and wishing to coordinate the work while minimizing the impact to the area residents, staff has prepared an agreement with Otay Water District (Otay) staff that achieves these goals and saves revenues for both agencies. Under this agreement, Otay will prepare the plans and the specifications (with input from City staff), bid the project (which will consist of both the recycled water line and the roadway resurfacing) and inspect the installation of the water line. The City will pay for its share of the contract work and provide inspection for the trench repair and the roadway resurfacing work. RECOMMENDATION: That Council approve resolution approving the agreement to participate in the Otay Lakes Road resurfacing portion of the Otay Water District's recycled water line installation project and appropriating $130,000 from the unappropriated balance of the Gas Tax Fund. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Otay Water District proposes to install 2.2 miles of recycled water mains along Telegraph Canyon Road / Otay Lakes Road from Medical Center Drive to Eastlake Parkway in 1999. The easterly 1,900 linear feet of this project are located on a portion of Otay Lakes Road that needs extensive repair and is scheduled for a 1 1/2 inch thick asphalt concrete overlay in FY 99-00. To install the recycled water main, Otay is required to obtain a permit fr om the City. A condition of this permit will be for Otay to grind and remove the deteriorated asphalt and replace it with a ne w pavement structural section that would add 1 1/2 inches of asphalt over the entire trench width (which varies from 12 feet to 15 feet depending on the location of the trench). The cost to Otay for resurfacing the trench on their own is estimated to be about $48,700. J?--) Page 2, Item _ Meeting Date 1/19/99 Otay's schedule is to install the easterly segment oftheir project by March of 1999. This schedul e is ahead of the City's plan to overlay the same section of the roadway in FY 99-00, as part of the annual pavement overlay program. This portion of Otay Lakes Road was built when then it was under the County of San Diego's jurisdiction and was not designed to accommodate the traffic index required by the planned land use for this area of the City. As a result, this roadway needs immediate attention now. City staff estimates the repair cost to total about $ 138,600, if done independently of the Otay project. The installation of Otay's recycled water main creates an ideal situation for the limited resources available to both agencies to be maximized. To this effect, staff has worked with Otay staff to coordinate both projects while minimizing the impact to the area residents. The proposed agreement will divide the responsibilities and provides for a cost sharing arrangement. Otay will prepare the plans and specification, with City's input, bid and administer the contract. The City will pay for its proportional share of the resurfacing costs, estimated to be about $ 125, 700 (including 10% contingencies) . Both agencies will share on the cost saving achieved by economy of scale (expected to be obtained by bidding a larger project) and inspect their respective improvements. Entering into this agreement, however, will require the City Council to appropriate $130,000 from the unappropriated balance of the Gas Tax Fund to cover the City's share of the project's cost ( $125,700 for construction and $4,300 for staff costs). This amount would have been included in the proposed FY99-00 Capital Improvement Program (CIP) budget. Therefore, in reality, the proposed action is to accelerate the resurfacing of this portion of Otay lakes Road in order to coordinate both projects, share in the savings obtained by economy of scale (estimated to be about $48,500 and to be split equally) and to minimize the impact to the area residents associated with construction activities. FISCAL IMPACT: FUNDS REQUIRED FOR CONSTRUCTION A. Contract Amount $114,300.00 B. Construction Contingencies (10 % ) 11,400.00 C. Staff Costs (Design, Construction & Inspection) 4,300.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $130,000.00 The above action awarding of the contract will authorize a total expenditure of $130,000 .00 from the unencumbered balance of the Gas Tax Fund. After construction, only routine City maintenance will be required. Attachment: A - Locator map H:\HOME\ENGINEER\AGENDA \OT A Y.RS J /" d--. RESOLUTION NO. /93 l/5 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE OTAY WATER DISTRICT REGARDING COST SHARING FOR A PAVING PROJECT ON OTAY LAKES ROAD AND APPROPRIATING FUNDS THEREFOR WHEREAS, the Otay Water District is proposing to install a 16 inch diameter recycled water main along Otay Lakes Road from Eastlake Parkway to Medical Center Drive on or before March, 1999; and WHEREAS, the easterly 1,900 linear feet of this project will be located on a portion of Otay Lakes Road that needs maintenance and is targeted for a 1 1/2 inch thick asphalt concrete overlay in FY 99-00; and WHEREAS, realizing that both projects involve the same portions of Otay Lakes Road and wishing to coordinate the work while minimizing the impact to the area residents, staff has prepared an agreement with Otay Water District (otay) staff that achieves these goals and saves revenues for both agencies; and WHEREAS, under this agreement, Otay will prepare the plans and the specifications (with input from City staff), bid the project (which will consist of both the recycled water line and the roadway resurfacing) and inspect the installation of the water line; and WHEREAS, the city will pay for its share of the contract work and provide inspection for the trench repair and the roadway resurfacing work. NOW, THEREFORE, BE IT RESOLVED the city Council of the city of Chula vista does hereby approve an Agreement between the City of Chula vista and the Otay Water District regarding Cost Sharing for a Paving project on Otay Lakes Road, a copy of which shall be kept on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement on behalf of the City of Chula Vista. BE IT FURTHER RESOLVED that the amount of $130,000 is hereby appropriated from the unappropriated balance of the Gas Tax Fund. Presented by Approved as to form by John P. Lippitt, Director of Public Works ~~~~ ~I:::ney h:\home\lorraine\rs\otaywater.olr J?~J os ~ .... +6196708920 OWD ENGINEERING DEPT 040 P05/07 JRN 12 '99 15:17 ,1 T' ACHMEN1__ A _ IlII I ...a 1-1/2" AC OVEI<LA Y I<OAD OTAY WATER DISTRICT IQ- ~I:QLAIMED W~ MAI~ EXI-/IBIT 11-'1 A Ci.LPHC. 071' WA IC1I e7J6 C.lP. NO. 071 AGREEMENT BETWEEN THE CITY VISTA AND THE OTAY WATER REGARDING COST SHARING FOR PROJECT ON OTAY LAKES ROAD OF CHULA DISTRICT A PAVING This agreement is made and entered into as of this day of 1999, by and between the City of Chula Vista (hereinafter "Chula Vista") and the Otay Water District (hereinafter "Otay"). R E C I TAL S WHEREAS, Chula Vista will in the near construction work on the west-bound lanes from Sta. 117+00, near EastLake Parkway, Sta. 98+00 shown on Exhibit A; and future be performing of Otay Lakes Road towards the west to WHEREAS, Otay is proposing to install a 16" recycled water main from EastLake Parkway to Medical Center Drive, a portion of which will go through the area wherein Chula Vista is performing its construction project; and WHEREAS, as a condition of the utility permit issued to Otay by Chula Vista for installation of the water main, Chula Vista will require Otay to grind and remove 1.5 inches of existing asphalt concrete pavement for a width of between 12 and 15 feet over the length of pipeline from Sta. 117+00 to Sta. 98+00. Said width shall be 15 feet when Otay is installing its pipeline in a traffic lane adjacent to a bicycle lane. Where the traffic lane is not adjacent to a bike lane, the width shall be 12 feet; and WHEREAS, the Otay and invol ve the same portion of and Chula Vista construction projects Otay Lakes Road and related work; WHEREAS, Chula Vista and Otay desire to respective projects in the area between Sta. 98+00 for purposes of efficiency and to obtain cost savings set forth on Exhibits B-1 and B-2. coordinate their 117+00 to Sta. the estimated NOW, THEREFORE, Chula Vista and Otay do hereby agree as follows: 1. 0 Plan specifications information to Preparation. Otay will prepare the drawings and for its pipeline project with sufficient allow a contractor to provide a bid on all of the 1 ) 7~5" work associated with its project and Chula Vista's project. The drawings and specifications will be submitted to Chula Vista for review and approval. 2.0 Plan Review. Otay will review the bid results with Chula Vista prior to entering into a construction contract. Chula Vista shall have the right to reject those portions of the contract associated with its project at no cost to Chula Vista. If Chula Vista exercises this right, the District shall repair the trench to Chula Vista's specifications. 3.0 Detailed Scope of Work. The scope of work to be performed by Otay for Chula Vista shall include: 3.1. Pavement Overlay. consist of all labor, materials prepare, track coat, overlay, sand bound lanes of Otay Lakes Road from The and and Sta. pavement overlay shall equipment necessary to seal and sweep the west- 117+00 to Sta. 98+00. 3.2. Raise Manholes to Grade. The scope of work include all labor, materials and equipment necessary to all of Chula Vista's manholes to grade in the west-bound of Otay Lakes Road from Sta. 117+00 to Sta. 98+00. shall raise lanes 3.3. Restriping. The contract shall not include restriping of Otay Lakes Road which will be completed by Chula Vista. 3.4. Standards. All work by Otay shall be performed in conformance with the 1997 edition of the Standard Specifications for Public Works Construction (Greenbook) and Chula Vista supplement and to the satisfaction of Chula Vista's Director of Public Works. 3.5. Replacement. Otay agrees that all concrete which is removed shall be replaced with new concrete to provide a smooth transition between existing pavement. asphalt asphalt and new 4.0 Cost Sharing. Chula Vista will reimburse Otay based on the percentages derived from Exhibits B-1 and B-2. It is estimated that if Otay did its project by itself it would cost $51,693.68. It is estimated that if Chula Vista did its project by itself, it would cost $138,618.54. The scope of work defined under the Chula Vista overlay eliminates the need to perform the resurface portion of the Otay Water District's pipeline project; a savings of $25,846.84 to each agency. This split of the 2 )7-& savings results in a savings to Chula Vista of $25,846.84 for a total overlay cost of $112,771.70. Based upon these estimates, Chula Vista's share of the cost of the work shall be 81% of the actual cost and Otay' s share shall be 19% of the actual cost. The cost for the City's portion of the project shall not exceed $125,698.87. If the City's portion exceeds this amount, Chula Vista shall have the right to exclude the City portion from the pavement work at no cost to Chula Vista. If Chula Vista exercises this right, District shall repair the trench to Chula Vista's specifications. 5.0 Administrative/Inspection Costs. administrative costs associated with the Chula Vista shall conduct and pay for asphalt concrete placement. Otay shall pay for construction contract. the inspection of the 6.0 Compensation. The payment from Chula Vista to Otay shall be due and payable as invoicing is received from Otay based on the contractor's progress payments for the unit items for the pavement overlay between Sta. 117+00 and Sta. 98+00, only if work is completed to Chula Vista's satisfaction. Chula Vista's approval shall not be unreasonably withheld. 7.0 Changes in Scope of Work. When a change in the scope of work is required, Chula Vista and Otay agree to meet in good faith and confer for the purpose of negotiating a corresponding change in the compensation associated with said change. IN WITNESS WHEREOF, the parties sign below. CITY OF CHULA VISTA Title: Mavor ::AY~~~ Title: By: Date: Date: Approved as to form by City Attorney P:\WORKING\Wo8716-0tay Lakes RW Phases 1 " 2\Agreement between CCV " OWD on Otay Lakes Rd.doc 3 /7- ? .... I "TA TELEGRAPI-/ 1-112" AC OVERLAY 'b I.l' '"" ~ ...t. ROAD OT A Y WATER DISTRICT 16- RECLAIMED WATER MAINS EXI-lIBIT C.I.P. NO. 071 /7~5 A CJPNO. 071 w.a NJJ e716 orA Y LAKES ROAD EAST BOUND LANES MEDIAN WEST BOUND LANES AL TfRNA TE "B" CHULA VlSTA/OWO JOINT AC OVERLAY ~ ALTERNATE "A"./ ~ ~ OWO PIPELINE ./ :; I- ONLY ..... " :; ~ :J ... ... u u ~ ~ o 0 a: a: Q. Q. ~ ~ 1J:=- /" ~ EXIST. AC PAVEMENT TYPICAL ROAD SECTION OTAY WATER DISTRICT 16- RECLAIMED WATEI< MAINS EXI-I181T CoiF. NO:S 071 AND R009/ r--, 8-1 11~5 / / /- 9 ""',.." "" Iw.o.,.,..... / AGREEMENT BID ITEMS OWO PIPELINE ONLY. ALTERNATE "A" Item No. Description Length Units Width Units Product Units Unit Cost Amoun 1 AC Grinding 28,511.95 SF $0.30 $8,55359 12' Wide Pvmt Width Sta. 117+48.35 to Sta. 114+36 312.4 If 12 ft 3,748.20 sf .... < ..... .. 15' Wide Pvmt Width Sta. 114+36 to Sta. 98+00 1636.0 If 15 ft 24,540,00 sf <..... ...... ......... <..... .... < .' Sta. 111 +00 (Perpen. To Cl) 89.5 If 2.5 ft 223.75 sf /< ... .... ........ 2 AC Pavement Replacement 28,511.95 SF $136 $38,77625 3 Striping 1948.4 If 2 ea 3,896.70 LF $0.35 $1,363.85 4 Traffic Control - One (1) Lane with 1 EA $3,000.00 $3,000.00 an Intersection TOTAL $51,693.68 CHULA VISTA/OWO .JOINT AC OVERLAY - ALTERNATE "B" Item No. Description length Units Width Units Product Units Umt Cost Amoun 1 AC Grinding (2 sides) 3896.7 If 4 ft 15,586.80 SF $0.30 $4,676.04 2 AC Overlay 40' Curb to Curb Sta. 117+00 to Sta.98+00 1900.0 If 38.5 ft 73,150,00 SF $1.55 $113,382.50 3 Adjust Sewer MH to Grade 8.00 EA $1,000,00 $8,000,00 4 Adjust Valve Covers to Grade 3,00 EA $300.00 $900,00 5 Striping 1900.0 If 4 ea 7,600.00 IF $0.35 $2,66000 6 Traffic Control- One (1) Lane with 3 EA $3,000.00 $9,000.00 an Intersection TOTAL $138,618.54 P:\workinglwo2259\AGREEMENT -EXH IBITB-2.xls 17-/0 EXHIBIT B-2 COUNCIL AGENDA STATEMENT Item If)" Meeting Date 1119/99 ITEM TITLE: Resolution /'1 J Yt: Approving an agreement with McGill Martin Selffor Professional Engineering Services, project management, plans review and financial services for the construction of Olympic Parkway and extending a temporary expert professional's hiring SUBMITTED BY: Director ofPubl~C ~ork~ r REVIEWED BY: City Manager(.; (. 0 ~ (4/5ths Vote: Yes_NoX-) (' \!(.... ;'\ ~J With a total construction budget close to $100 million, Olympic Parkway is one of the largest transportation infrastructure facilities in the City's history. Olympic Parkway is a landscaped six- lane prime arterial, approximately 8 miles long extending from I-80S to the Olympic Training Center. The westerly end of Olympic Parkway from I-80S to Brandywine Avenue will be constructed by the City along with the I-80S interchange improvements. The easterly end of the roadway from Hunte Parkway to the Olympic Training Center is under construction by Eastlake Company. The subject of this report is the remaining largest section of Olympic Parkway between Brandywine Avenue and Hunte Parkway. The report discusses the selection process for retaining McGill Martin Self, Inc. to provide project management, plan review and financial services to ensure project delivery for Phase I of Olympic Parkway. RECOMMENDATION: That Council: 1) adopt the Resolution approving an agreement with McGill Martin Self Inc., for Professional Engineering Services, project management, plan review and financial services for the construction of Olympic Parkway, 2) and extending a Temporary Expert Professional's term. BOARDS/COMMISSIONS RECOMMENDATION: None DISCUSSION: BACKGROUND The area of Chula Vista known as the "Eastern Territories", more specifically described as that area within the City's General Plan area, east ofI-80S, is partially developed. It comprises several large vacant land holdings (EastLake, Otay Ranch, McMillin, Rolling Hills Ranch, San Miguel Ranch, and Sunbow II) which are all proposed for upcoming development. Currently, transportation infrastructure requirements for development within the Eastern Territories are based on the City's Eastern Chula Vista Transportation Phasing Plan (ECVTPP) and the Growth Management Plan. The Growth Management Plan and the ECVTPP establish development thresholds, in terms of development units and acres of commercial and industrial land, which trigger ;g-/ Page 2, Item_ Meeting Date 1/19/99 the requirement of street improvements. On June 4, 1996, the Otay Ranch SPA One Public Facilities Finance Plan (PFFP) was adopted by the City Council, along with the SPA One Plan and other documents required for implementation of the Otay Ranch General Development Plan. The SPA One PFFP, as amended on October 6, 1998, established more specific thresholds for public improvements serving Villages One and Five. One of these improvements was Olympic Parkway from Brandywine Avenue to Paseo Ranchero. Staff anticipates that ongoing development in the "Eastern Territories" and Otay Ranch will soon trigger the need for extending Olympic Parkway from Brandywine Avenue to Paseo Ranchero. Olympic Parkway from Brandywine to Hunte Parkway, with an estimated cost in excess of $80 million, is too large for anyone developer to finance and construct on their own. The limits of this project traverses numerous land ownership parcels and several development projects such as Sunbow II, Otay Ranch and EastLake. Therefore, Kimley-Horn & Associates Inc. have nearly completed a feasibility and Financing study, as authorized by Council in 1998, to recommend a collective financing and phasing plan which we can utilize to provide for the timely financing and construction of this facility. Based on this, staff is moving toward implementing actual construction. PROJECT MANAGEMENT AND ENGINEERING SERVICES CONSULTANT Engineering services for Olympic Parkway construction are budgeted in the City's CIP program for 1998-1999 as project STM331. During staff discussion with the developers' committee for the roadway, it became obvious that an aggressive teaming arrangement is needed to deliver this vital and complicated project by the end of year 2000 or early 2001. As part of these teaming efforts, it was determined that City staff needed to be supplemented by a consultant to act as a program manager. Tonight's agenda item recommends approving an agreement with McGill Martin Self, Inc. (MMS) for the first phase of work on Olympic Parkway. MMS will provide a complete professional team to be located in Chula Vista and will be working as an extension of City staff in charge of reviewing numerous grading and improvement plans, processing financing district(s), overseeing progress schedule and overall management for Phase I of this project (Exhibit B). The MMS contract involves reviewing the following items of work: -Grading from Brandywine Avenue to SR125 (tentative start date 5/1/99); -Improvements from Brandywine A venue to Paseo Ranchero as a six -lane prime arterial; -Improvement of Pas eo Ranchero from East Palomar to Olympic Parkway as six-lane prime; -Poggi Canyon sewer trunk from Brandywine Avenue to SR-125; -Poggi Canyon drainage channel from SR-125 to Brandywine. -Formation of financing district(s) CONSULTANT SELECTION PROCESS Staff prepared and issued a Request for Proposals (RFP) in early December 1998. A total of four (4) proposals were received and reviewed by the City's consultant selection committee on December 28, 1998. The City's consultant selection committe~ consisted of the following four City staff members: George Krempl, Deputy City Manager; John Lippitt, Director of Public Works; Cliff )%/~ Page 3, Item_ Meeting Date 1/19/99 Swanson, Deputy Director of Public Works/City Engineer; aud Sohaib Al-Agha, Senior Civil Engineer. On J auuary 5, 1999, final interviews with the consultauts were held. The committee made their final recommendation based on a project related aud comprehensive evaluation criteria. Based on the above criteria, references verification aud interview performauce, the selection committee ranked the top firms as to resources aud qualifications for Phase I of the Olympic Parkway project. The four firms are as follows: Berryman & Henigar Inc. McGill, Martin, Self, Inc. Project Design Consultauts Willdau & Associates The cost of these proposals rauged from a low of$163,000 to a high of$923,000. The Olympic Parkway project is unique due to the need to mauage a strong project team consisting of a wide spectrum of expertise in areas such as civil engineering, environmental mitigation, finaucial, legal, geotechnical, laudscape planning and traffic engineering. In addition to the costs the committee took into consideration the strength and weakness of all teams listed in each of the four proposals, including the work history for similar sized projects aud completeness of the proposal. Once the selection committee determined which consultaut teams had the best understauding of the requirements of the project, the committee was best able to rank the four consultaut teams. The fundamental criteria that the committee used to rank the four consultants was the level aud quality of professional resources made available for this project aud the strength of the project team and their qualifications. The evaluation involved reference verification, the team's strength aud expertise in their respective fields, the project mauager's understauding of this project's unique aud time sensitive requirements, experience in completing projects of similar scope on time and within budget, demonstrated understanding of the City's transportation needs aud ability to focus on the project mauagement aud project delivery. Using these criteria, the committee made the final determination that McGill, Martin, Self, Inc more clearly proved au understauding of our needs and requirements to do the work. The committee's decision was that McGill Martin Self, Inc. was the best qualified consultant firm for Phase I of Olympic Parkway, based on resources made available to the City of Chula Vista, favorable work history, the strength ofthe project mauager aud past work experience with other public agencies. One of the prime factors in MMS' s ranking was the fact that their team had recently successfully completed a very similar project as project manager. That project was the $110 million Lone Tree Corridor Assessment District in Antioch, California. MMS was responsible for coordination with laudowners, city staff aud affected agencies. The work, which was very similar to this project, included 6.5 miles of roadway, large diameter sewer and storm drains, water reservoirs pumping stations aud drainage detention pond. The other three firms were determined to be competitive but not as highly qualified based on one or more of the following factors: insufficient resources have been allocated for this project; key /r---3 Page 4, Item_ Meeting Date 1/19/99 issues were glossed over which may create difficulties or delays later in the project and cause final costs to be actually higher; no experience with similarly sized projects; or not showing a complete understanding of the key facets ofthis project. MMS, had originally proposed a budget of$923,000 calculated as a percentage ofthe proposed costs with actual billing to be on a time and materials basis. During contract negotiation work and after discussion with City Staff regarding scope of work refinements, MMS revised their proposal to $450,000. Due to the complexity and schedule of the project, consultants would have to form a multi-discipline consultant team with more resources than would typically be anticipated. The revised fees are reasonable considering the complexity ofthis construction project and the level of involvement expected from the consultant's team and are consistant with the other top rated proposals. The total cost is broken down into the following elements: project management - $170,000; plan checking services - $220,000; and financial district management - $60,000. SCOPE OF WORK The scope of work for the consultant includes all of the necessary requirements for Phase I of the project. The first phase includes full grading of Olympic Parkway and Poggi Canyon Channel from Brandywine Avenue to the proposed SR-125, improvement of Olympic Parkway from Brandywine Avenue to Paseo Ranchero, grading and improvement of Pas eo Ranchero from east Palomar Street to Olympic Parkway, borrow sites for earthwork and a public detention basin. Full underground utilities will be designed and constructed as well as parkways, curb, gutter, sidewalk, median, lighting, signals and landscaping. The scope of work tasks have been outlined into these sections: Task 1. Project Management. The project manager shall facilitate processing of plans by tracking the progress of plan check and submittals, determining critical path tasks, acting as departmental and interagency liaison, arranging meetings with City staff, engineers, developers, etc., coordinating information and plans between the various engineers of work, monitoring the progress of the environmental permits from the resource agencies and performing all tasks necessary to ensure an efficient, timely plan check of the project. The project manager shall address all engineering issues and make written recommendations to the City Engineer based on sound engineering and construction practices and City standards, including the City's threshold standards. The project manager shall ensure that plan review comments are in compliance with City and State standards and all related documents. The project manager and team will serve as an extension and support to City's staff. Task 2. Plan Review. The second task requires the project manager to be responsible for all aspects of the plan check process to permit issuance, construction changes, and field coordination for all improvements. The improvements include: road, channel, detention basin and earthwork borrow site grading, drainage, streets, utilities, and right-of-way documents. /y~f/ Page 5, Item_ Meeting Date 1/19/99 Task 3. Financial District Project Management. The third task requires the project manager to oversee the district formation to fund the improvements based on the Kimley-Horn & Associates Feasibility Study and Council recommendations. TEMPORARY EXPERT PROFESSIONAL On May 26,1998, by Resolution 19019, the City Council approved the hiring of Donna Snider as a Temporary Expert Professional. For fiscal year 1998-1999, Mrs. Snider was authorized to work as a Temporary Expert Professional for a total of 480 hours. Staff recommends extending Donna's permitted hours by an additional 500 hours to a maximum total of980 hours for this fiscal year. Ms. Snider will provide assistance and support in relation to City policies, technical standards and procedures; Assist in resolving interrelated issues between Olympic Parkway and adjacent developments; follow up on critical path items and decisions for the City and provide additional quality control scrutiny that plan review issues are resolved early in the process. CONCLUSIONS Phase I of the work will provide for the improvements of Olympic Parkway as a six-lane prime arterial from Brandywine Avenue to Paseo Ranchero. The consultant will evaluate and resolve all issues required to ultimately complete this project. This major east/west corridor is rapidly becoming a necessity due to the growth anticipated and already under construction in the area generally to the south of Telegraph Canyon Road and Otay Lakes Road. Staff and the developers as well as the general public will benefit immensely from this project since the impact of this project greatly affects the eastern portion of the City. Based on the resources committed by the consultant, staffrecommends that Council approve the resolution. On February 2, 1999, Staff will return to Council with a comprehensive report regarding the construction of Olympic Parkway including timing, phasing, financing and a security agreement with Otay Projects, LLC and McMillin Otay Ranch, LLC. FISCAL IMP ACT: The Contract cost is budgeted in STM33!. Consultant's work involve both TDIF eligible tasks for Olympic Parkway and general, land development related activities. The Consultant is contractually required to itemize progress payments to detail TDIF versus Non TDIF charges. A portion of the contract budget will be refunded from developers deposits. Ms. Snider's costs will also be charged to both TDIF and developer deposits. Attachments: Exhibit A - Plat of Olympic Parkway Exhibit B - Phase I File:0735-10-STM331 (Rev.January 14, 1999 (4:20pm)) If?' ---? H:\HOME\ENGINEER\AGENDA\MMS.SA EXHIBIT A < ~ " 0 . V> 0 W ~ 5 e~ 0 V> V>>- >- w " 0 < << or < ~ 0 ~ "" W", < " ~ W '" ~ ,,'" "' " => Z ... " " "W "", u: r ii'o < OW 0'" 0'" u ~ '" " ",'" ",< ",< !;: ...'" 0 ...~ ..."" ..."" ... 0 w ~ V> >-w 0 z W >-r < ~~ ~I" V> < V> <u "" ~5 >- '" ",z "'" ",z ~ <il' m z ",< W "'0 "'~ ",=> " 0 "'''' ~;i ",V> ",r " >-", ;!:o " << <0 W 0 ZN 0 """" ""w ""~ '" <- w '" Ul ... u", uV> ... ,,~ uO ,,>- -< o:~ <I: ~ BV> """" 0>- ,,"V> ""< J: z 00 ?'o "'~ ?'~ ?'t. ?'"' w ~~ 5~ w'" ~ ~w ~'" a. .. 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FOR PROFESSIONAL ENGINEERING SERVICES, PROJECT MANAGEMENT, PLANS REVIEW AND FINANCIAL SERVICES FOR THE CONSTRUCTION OF OLYMPIC PARKWAY AND EXTENDING A TEMPORARY EXPERT PROFESSIONAL'S HIRING WHEREAS, with a total construction budget close to $100 million, Olympic Parkway is one of the largest transportation infrastructure facilities in the City's history; and WHEREAS, Olympic Parkway is a landscaped six-lane prime arterial approximately 8 miles long extending from I-80S to the Olympic Training Center; and WHEREAS, such a large transportation facility will require a strong team effort in order to deliver the facility within the time it is required; and WHEREAS, staff prepared and issued a proposals (RFP) in December, 1998 and four proposals and reviewed by the city's consultant selection December 28, 1998; and Request for were received committee on WHEREAS, the committee made their final recommendation based on a project related and comprehensive evaluation criteria; and WHEREAS, based on the above criteria, references verification and interview performance, the selection committee ranked the top firms as to resources and qualifications for Phase I of the Olympic Parkway project and selected McGill, Martin, Self, Inc. with its proposal of $450,000; and WHEREAS, Donna Snider will provide assistance and support in relation to city policies, technical standards and process and assist in resolving interrelated issues between Olympic Parkway and adjacent developments for 500 hours. NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does hereby approve an Agreement with McGill, Martin, Self, Inc. for Professional Engineering Services, project management, plans review and financial services for the construction of Olympic Parkway, a copy of which shall be kept on file in the office of the city Clerk. 1 18,8/)15-1 BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. BE IT FURTHER RESOLVED that the city Council does hereby extend a temporary expert professional's term for an additional 500 hours. Presented by Approved as to form by John P. Lippitt, Director of Public Works ~.~.'~ John . Kaheny, city Attorney H:\home\lorraine\rS\McGill 2 /8'~JI/ Agreement between City ofChula Vista and McGill Martin Self, Inc. for Project Management, Plan Review and Financial Services for the Construction of Olympic Parkway This agreement ("Agreement"), dated for the purposes of reference only, and effective as ofthe date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such ("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 ("Consultant"), and is made with reference to the following facts: Recitals WHEREAS, the City of Chula Vista, by Resolution 18939 on March 31, 1998, approved an Agreement to provide professional services in connection with the Olympic Parkway Feasibility and Financing Study; and WHEREAS, there is a need for additional consultant services in order to ensure the timely construction of Olympic Parkway; and WHEREAS, the City requires further consultant efforts in order to perform project management function, review engineering and others plans and provide financial services; and Whereas, Consultant warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions of this Agreement; OL Y AGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 1 )~/// OL Y AGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 2 }%---);2 NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually agree as follows: 1. Consultant's Duties A. General Duties Consultant shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Consultant shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence ofthis agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions in Scope of Work City may independently, or upon request from Consultant, from time to time reduce the Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding reduction in the compensation associated with said reduction. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Consultant to perform additional consulting services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph II (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as t 'n_" E. Standard of Care OL Y AGREE.WPD January 13, 1999 Standard Form Two Party Agreement )2"----/3 Consultant, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Consultant represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk ofloss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Consultant, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless Errors and Omissions coverage is included in the General Liability policy. G. Proof ofInsurance Coverage. (1) Certificates ofInsurance. Consultant shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of Certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. (2) Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to the City demonstrating san shall be reviewed and approved by the Risk Manager. OLYAGREE.WPD January 13, 1999 Standard Form Two Party Agreement (~ )'g'//( H. Securitv for Performance. (1) Performance Bond. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Performance Bond (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 19, Exhibit A. (2) Letter of Credit. In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A. (3) Other Security In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then Consultant shall provide to the City such other security therein listed in a form and amount satisfactory to the Risk Manager or City Attorney. 1. Business License Consultant agrees to obtain a business license from the City and to otherwise comply with Title 5 ofthe Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Consultant for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to OL Y AGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 5 )JYr/~ achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Consultant throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's performance of this agreement. B. Compensation Upon receipt of a properly prepared billing from Consultant submitted to the City periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for all services rendered by Consultant according to the terms and conditions set forth in Exhibit A, Paragraph II, adjacent to the governing compensation relationship indicated by a "checkrnark" next to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Consultant shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper, and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 @ to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. It is acknowledged by both parties that time is ofthe essence in the completion of this Agreement. It is difficult to estimate the amount of damages resulting from delay in per- OL Y AGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 6 /If /' It formance. The parties have used their judgment to arrive at a reasonable amount to compensate for delay. Failure to complete the Defined Services within the allotted time period specified in this Agreement shall result in the following penalty: For each consecutive calendar day in excess of the time specified for the completion of the respective work assigmnent or Deliverable, the consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate"). Time extensions for delays beyond the consultant's control, other than delays caused by the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the expiration of the specified time. Extensions of time, when granted, will be based upon the effect of delays to the work and will not be granted for delays to minor portions of work unless it can be shown that such delays did or will delay the progress of the work. 6. Financial Interests of Consultant A. Consultant is Designated as an FPPC Filer. If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not make, or participate in making or in any way attempt to use Consultant's position to influence a governmental decision in which Consultant knows or has reason to know Consultant has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and represents that Consultant has diligently conducted a search and inventory of Consultant's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Consultant does not, to the best of Consultant's knowledge, have an economic interest which would conflict with Consultant's duties under this agreement. OL Y AGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 7 /JSr/) D. Promise Not to Acquire Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants and represents that Consultant will immediately aqvise the City Attorney of City if Consultant learns of an economic interest of Consultant's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Consultant warrants and represents that neither Consultant, nor Consultant's immediate family members, nor Consultant's employees or agents ("Consultant Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Consultant further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Consultant or Consultant Associates in connection with Consultant's performance ofthis Agreement. Consultant promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest within the Term ofthis Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Consultant may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Consultant's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless OLYAGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 8 )?"~/y Consultant shall defend, indemnifY, protect and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful misconduct of the City, its officers, or employees. Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Consultant at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Consultants' indemnification of City shall not be limited by any prior or subsequent declaration by the Consultant. 8. Termination of Agreement for Cause If, through any cause, Consultant shall fail to fulfill in a timely and proper manner Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared by Consultant shall, at the option of the City, become the property of the City, and Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Consultant's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Consultants' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted ifthere were no such negligence, errors, omissions, Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Consultant of such termination and specifYing the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, ot. Y AGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 9 )F//~ become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Consultant shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. Consultant hereby expressly waives any aild all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Consultant are personal to the City, and Consultant shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City. City hereby consents to the assignment of the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants identified thereat as "Permitted Subconsultants". 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions ofthe Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Consultant shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant and any of the Consultant's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be an employee of City, and none of them shall be entitled to any benefits to which City employees are entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax, social security tax or any other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold the City harmless with regard thereto. 14. Administrative Claims Requirements and Procedures OLYAGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 10 )ff / c2- tJ No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Consultant shall meet and confer in good faith with City for the purpose ofresolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Consultant prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Consultant shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Consultant not authorized to Represent City Unless specifically authorized in writing by City, Consultant shall have no authority to act as City's agent to bind City to any contractual agreements whatsoever. B. Consultant is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are licensed real estate brokers or salespersons. C. Notices OL Y AGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 11 )7~;2 / All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the City ofChula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula Vista. [end of page. next page is signature page.] OLYAGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 12 Jyrcl-:L Signature Page to Agreement between City of Chula Vista and McGill Martin Self, Inc. for Project Management, Plan review and Financial services for Olympic Parkway from Brandywine to SR-125 IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,19_ City ofChula Vista by: Shirley Horton, Mayor Attest: Susan Bigelow, City Clerk Approved as to form: John M. Kaheny, City Attorney Dated: McGill Martin Self, Inc. By: Michael R. McGill, PE. By: Harry G. Burrowes, PE. OLYAGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 13 ) 5'~;23 Exhibit List to Agreement (X) Exhibit A. Exhibit A to Agreement between City ofChula Vista and McGill Martin Self, Inc. 1. Effective Date of Agreement: January 19, 1999 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: McGill Martin Self, Inc. Chula Vista, CA 91910 5. Business Form of Consultant: ( ) Sole Proprietorship ( ) Partnership (X ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 1500 Newell Avenue, Suite 700 Walnut Creek, California 94596-5180 Voice Phone (925) 988-9188 Fax Phone (925 )988-0170 Chula Vista Office (619) 482-9182 7. General Duties: OL Y AGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 14 /rYr,).f The Consultant shall assign Harry Burrowes, as Project Manager for the project and maintain sufficient local staffing throughout the duration of this project. The Consultant and the Project Manager shall: Oversee the plan check of Olympic Parkway and related issues; Develop and maintain concise work plans that identify critical issues; Establish lines ofresponsibilities; Prepare and maintain detailed schedule with milestones; Communicate responsibilities to all parties; Conduct weekly meetings, as needed, to maintain project's schedule; Document all project meetings and decisions including agenda, action plans and minutes; Track project progress and issue status reports; Perform schedule oversight on the environmental processing and permitting work; Review plans for compliance with acceptable engineering practices, Tentative Maps, adjacent improvements, regional standards and City Standards; Review and make recommendation for all related plans and technical reports from initial submittal until final approval; Assemble a financing team; Provide assessment engineering services; Prepare the Engineer's report or Special Tax Report; Form a financial district, review financing documents and prepare staff reports and Council agenda items. 8. Scope of Work and Schedule: A. Detailed Scope of Work: The improvement of Olympic Parkway is being designed and planned to be constructed in several phases requiring coordination and review of various sets of plans from different consultants. The scope of work for this contract is limited to the first phase and second phase of construction of Olympic Parkway and includes full grading of Olympic Parkway and Poggi Canyon Channel from Brandywine Avenue to the proposed SR-125, improvement of Olympic Parkway from Brandywine Avenue to East Palomar, grading and improvement of Pas eo Ranchero from East Palomar Street to Olympic Parkway, borrow sites, and a public Detention Basin. Full underground utilities will be designed and constructed as well as parkways, curb, gutter, sidewalk, median, lighting, striping, traffic signals, landscape utilities and landscaping. Based upon recommendations of the Kimley- Hom Feasibility Study and City Council, the project will provide reimbursement to the developers via a public financing district such as a Community Facility District, etc., which could incorporate a portion of the costs for full improvement of Olympic Parkway from Brandywine Avenue to the proposed SR 125. The scope of work tasks have been arranged into three inter-dependent major components as follow: 1.0 Project Management, Administration and Coordination The Project Manager shall create and maintain a detailed project schedule showing critical path items and important milestones. The Project Manager shall conduct weekly meetings OLYAGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 15 /!5~02_S and additional meetings as needed to ensure that all issues having an impact on the proj ect schedule are addressed and acted upon by the responsible party in a timely manner to meet the project schedule. The Project Manager shall communicate and coordinate project issues with, but not limited to, all of the following: Developers, private consultants and engineers, city staff, environmental consultants, permitting agencies, environmental project manager, private and public utilities and public financing team. For every meeting, the consultant shall prepare a comprehensive agenda with goals to achieve and an action plan listing the responsible parties to perform. On bi-weekly basis, or as needed, the Consultant shall provide written progress report for the project status versus the project schedule. The Project Manager shall manage and coordinate the processing of all plans by tracking the progress of plan check and submittals, determining critical path tasks, acting as departmental and interagency liaison, arranging meetings with City staff, engineers, developers, etc., coordinating information and plans between the various private consultants, monitoring the progress of the environmental permits from the resource agencies and performing all tasks necessary to ensure an efficient, timely plan check ofthe Project. The Project Manager shall review all City documents necessary for the construction of Olympic Parkway to include, but not be limited to: General Planes), Environmental Impact Report(s), and associated technical appendices regarding traffic (including TAZ's, impact analyses, threshold standards, water, wastewater, drainage, geotechnical, etc.), SPA Plans, Tentative Maps and conditions of approval, Kimley-Horn Feasibility Study, Landscape Master Plan, Master Drainage Study and the Public Facilities Financing Planes). The Project Manager shall review and be familiar with the City's Subdivision Manual, Landscape Manual, Grading Ordinance, Regional Standard Drawings, City Design and Construction Standards and other City standards. The Project Manager shall address all engineering issues and make written recommendations to the City Engineer based on sound engineering and construction practices and City standards, including the City's threshold standards. The Project Manager shall ensure that plan review comments are in compliance with City and State standards and all related documents. The Project Manager and team will serve as an extension and support to City's staff. As such, the Project Manager shall perform all tasks needed to ensure project delivery in a timely manner. The first plan check shall be completed no later than 28 days from the date of submittal, the second plan check shall be completed no later than 14 days, and the third check, and any subsequent plan check, shall be completed no later than 7 days (all calendar days). The Project Manager shall implement the City's quality control measures uniformly to all projects. OLYAGREE.wPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 16 /(jr d, ? The Project Manager shall provide written documention of all issues, meetings, project progress and decisions. The Project Manager shall be proactive in identifying issues that impact the project schedule. Once an engineering issue, a policy decision, a financing decision or other issues are identified, the Project Manager shall immediately propose an action plan and communicate possible solutions to all responsible parties and follow through on required actions.. 2.0 Plan Review The Project Manager shall be responsible for assembling a team of technical personnel under his or her direction to perform the plan check duties of the City. The Project Manager and the team shall be responsible for all aspects of the plan check process to permit issuance, and shall encompass preparing council agenda statements, review of right of way documents and plats, legal descriptions, grading and erosion control plans, drainage plans, improvement plans, traffic plans, and related reports (traffic, drainage, sewer, geotechnical, title, etc.) for all improvements including but not limited to: Road Grading, Channel, Detention Basin, Adjacent and Borrow Site Grading . Review recommendations in geotechnical reports, EIR, Development Agreement and Final Development Plan, the Kimley-Horne Feasibility Study, documents listed in Task 1, Corps permits, and other permits to ensure that the grading as proposed complies with all. . Review erosion control plans for compliance with City requirements and review the landscape plans. . Review specifications for grading work, creeklhabitat remediation work as appropriate, technical reports, retaining walls, concrete culverts, appurtenance structures, compaction, trenching, slope and slide repairs if applicable, and sub- drainage requirements. . Review adequacy of structural calculations for civil improvements and pavement sections. . Prepare Detention Basin Maintenance Agreement(s) and coordinate its approval with the Attorney's Office, the Developer(s) and City Council. Drainage . Review drainage plans for conformance with requirements and conditions from EIR, the Kimley-Horne Feasibility Study, Development Agreement(s), the Master Drainage Study, documents listed in Task 1, Final Development Plan, and City Standards. . Review hydrology calculations for adequacy of assumptions and methodology. . Review hydraulic calculations for Poggi Canyon channel and all other piped and open systems. OL Y AGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 17 /?--;2? . Review design and plans for creek/channel work, piped systems, extent and flow of overflows, and detention basins. . Review of off-site impacts both upstream and downstream. Streets . Review roadway plans for conformance with requirements and conditions from ErR, Development Agreement, the Kimley-Home Feasibility Study, documents in Task 1, Final Development Plan, and City Standards. . Review plans for horizontal and vertical alignment, intersection design (existing and future), median design, widths, sight distance, turn lanes, curb, gutter and sidewalk, lighting, handicap ramps and ADA requirements, striping, signage, provisions for emergency vehicle access, design of bridges and culverts, intersection lighting, etc. . Review of traffic signal designs and layout. . Coordinate the median and parkway design with the landscape plans. . Review all landscaping plans associated with the parkways, medians, drainage channel and adjacent slopes. Utilities . Review utility plans for conformance with requirements and conditions from ErR, Development Agreement, Kimley-Home Feasibility Study, documents in Task 1, Final Development Plan, and City Standards. . Review plans for construction of off-site and on-site utilities and joint utility (electric/gas/cable tv), including oflocations within right-of-way and easements. . Review utility crossings for potential conflicts. . Review sewer studies, sewer line sizing and hydraulic calculations. . Review fire hydrant locations. Right-of Way Documents . Review closure calculations for accuracy and conformance with right-of-way documents. . Review legal descriptions of dedications and easements, and to whom dedicated and purpose. . Review statements for conformance to Map Act and City requirements. . Review title reports to ensure accuracy and conformance to the right-of-way documents, and any easements or restrictions accurately portrayed on the right-of- way documents. . Review entitlements being granted to other agencies. . Review record of survey(s). OL Y AGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 18 /JnoZr 3.0 Financial District Project Management The Project Manager shall oversee the district formation to fund the improvements based on the Kimley-Horne Feasibility Study and Council recommendations. The project manager shall prepare all Council Agenda Reports. 3.1 Assembling the Financial Team The Project Manager shall assemble a financing team comprised of an assessment engineer, special tax consultant, financial consultant, MAl appraiser, bond underwriter, bond counsel, or other related consultant expert to establish a public financing district for the improvement of Olympic Parkway. The Project Manager shall establish a selection committee and organize the review and selection of the Financial Team. The Project Manager shall review the contracts needed to hire the Financial Team. The Contract budget include the full cost of assessment engineer and special tax consultant work. 3.2 District Formation and Bond Sale The Project Manager shall manage and oversee the progress of District Formation and Bond Sale. The Project Manager shall prepare the Engineer's report or special tax report, related boundary diagrams and shall assist in the development, review and analysis of all related documents including but not limited to the Engineer's Report or Special Tax Report, description of improvements, bid documents, developer reimbursements, cost estimates, cost and quantity audit, compliance with City's Transportation Development Impact Fee program, appraisal reports, value-to-lien ratios, assessment and tax formulas, official statement or disclosure documents, bond purchase agreement, continuing disclosure, and resolutions. The Project Manager shall ensure compliance with City Policies. 3.3 The Project Manager shall document all issues, meetings, project progress and decisions. The Project Manager shall monitor the progress of the Public Financing District to ensure efficient and timely district formation and sale of bonds. 3.4 The Proj ect Manager shall facilitate the district formation and bond sale by monitoring the progress of district formation, determining critical path tasks, acting as departmental liaison, arranging meetings with City staff, the financial team, engineers, developers, etc., coordinating information between the various parties, and by performing all tasks necessary to ensure efficient, timely formation of the district and bond sale. OLYAGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 19 jk".2/ 3.5 The Project Manager shall attend Council meetings to present the information to Council regarding district formation and bond sale or other related items. The Project Manager shall prepare all Council Agenda reports necessary for completion of district formation and financing. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. I: 1/20/99 - 5/1/99 Project management, grading plan and landscape plan approval and grading permit issuance for Phase I ( Olympic Parkway from Brandywine to SR125 and Paseo Ranchero from East Palomar Street to Olympic Parkway), improvement plan under review and financial team assembled and district formation initiated. Deliverable No.2: 5/1/99 - 7/1/99 Project management, improvement plan approval, construction permit issuance of Phase I (Olympic Parkway from Brandywine Avenue to Paseo Ranchero, Paseo Ranchero from East Palomar Street to Olympic Parkway, and sewer and water improvements in Olympic Parkway from Paseo Ranchero to SRI25), formation of CFD of other financing district.. Deliverable No.3: 7/1/99 - 9/1/99 Project management, improvement plan approval, construction permit issuance of Phase 2 (Olympic Parkway from Paseo Ranchero to East Palomar Street) and bond sale. D. Date for completion of all Consultant services: September 1, 1999 OLYAGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 20 jFr 30 9. Insurance Requirements: () Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. (X) Errors and Omissions insurance: None Required (included in Commercial General Liability coverage). (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage). 10. Materials Required to be Supplied by City to Consultant: 11. Compensation: A. () Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee ( ) OL Y AGREEWPD January 13, 1999 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that Standard Form Two Party Agreement (Sixth Revision) Page 21 /S'''' J I has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion ofthe phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. B. () Phased Fixed Fee Arrangement. For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall have issued a notice to proceed to Consultant as to said Phase. Phase 1. 2. 3. ( ) OL Y AGREE.WPD January 13, 1999 Fee for Said Phase $ 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a tiine and materials basis of payment. Standard Form Two Party Agreement (Sixth Revision) Page 22 /~r 32 c. (X) Hourly Rate Arrangement For performance of the Defined Services by Consultant as herein required, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: . () Not-to-Exceed Limitation on Time and Materials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consultant for $ including all Materials, and other "reimbursables" ("Maximum Compensation"). . (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to $225,00 for Deliverable I, $112,500 for Deliverable 2 and $112,500 for Deliverable 3. All in accordance with time limits of deliverables as stated in Paragragh 8.C. of Exhibit A ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. Category of Employee of Consultant Sr. Principal Principal Principal Keith Halvorson Senior Professional Associate Professional Assistant Professional Drafter, Designer Secretary /ClerklT echnical OLYAGREE.WPD January 13, 1999 Rate Schedule Name Hourly Rate Micheal McGill Harry Burrowes Marta Self Manager Varies Varies Varies Varies Varies $150.00/hour $135.00/hour $135.00/hour $115.00/hour $100.00/hour $90.00/hour $80.00/hour $70.00/hour $50.00/hour Standard Form Two Party Agreement (Sixth Revision) Page 23 /3"" J ;J' ( ) Hourly rates may increase by 6% for services rendered after [month], 19 , if delay in providing services is caused by City. 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: , not to exceed $ , not to exceed $ 13. Contract Administrators: City: Sohaib AI-Agha, Senior Civil Engineer Consultant: Harry Burrowes McGill Martin Self, Inc. 1500 Newell Avenue, Suite 700 Walnut Creek, California 94596-5180 14. Liquidated Damages Rate: ( )$_perday. ( ) Other: 15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest Code: ( ) Not Applicable. Not an FPPC Filer. OLYAGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 24 /g/~r (X ) FPPC Filer () Category No. I. Investments and sources of income. () Category No.2. Interests in real property. (X) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. (X ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. (X) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Consultant is Real Estate Broker and/or Salesman 17. Permitted Subconsultants: OL Y AGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 25 /cYrJS- . Bill Processing: . Consultant's Billing to be submitted for the following period of time: ( X ) Monthly. The City will use its best effort to remit payments within 30 days. ( ) Quarter! y ( ) Other: . Day of the Period for submission of Consultant's Billing: . (X) First of the Month ( ) 15th Day of each Month ( ) End of the Month ( ) Other: . City's Account Number: 621-621 0-STM33I . Security for Performance ( ) Performance Bond, $ ( ) Letter of Credit, $ ( ) Other Security: Type: Amount: $ ( ) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: ( ) Retention Percentage: % ( ) Retention Amount: $ Retention Release Event: ( ) Completion of All Consultant Services ( ) Other: OLYAGREE.WPD January 13, 1999 Standard Form Two Party Agreement (Sixth Revision) Page 26 /B-~~ COUNCIL AGENDA STATEMENT Item fl Meeting Date 01/19/99 Public Hearing: Conditional Use Permit PCC-99-11; Proposal to install, operate and maintain a 60-foot high monopole, within a palm tree design, housing 12 panel antennas and enclosure for 175 square foot equipment building - Nextel Communications. Director of Planning and Building / ~t C;'y """''''''W "'tr ~ (41''''' Vore' y ~_N.J<J Nextel Communications is requesting permission to construct and operate an unmanned cellular communications facility at 428 Broadway composed of a 175 square foot radio equipment building, and a 60-foot monopalm supporting 12 directional (panel) antennas located in the courtyard within the building near the north property line of the site. (See Attachment 2). A monopalm is a wood pole with the antenna support structure and plastic palm fronds mounted at the top of the pole. ITEM TITLE: SUBMITTED BY: REVIEWED BY: The Environmental Review Coordinator has concluded this project is a Class I, minor alteration, Categorical Exemption from environmental review per the California Environmental Quality Act. STAFF RECOMMENDATION: That the City Council adopt the attached resolution approving Conditional Use Permit, PCC-99-ll, to install a 60-foot high monopole only and equipment building at 428 Broadway. BOARDS/COMMISSIONS RECOMMENDATION: The Planning Commission considered this proposal on December 16, 1998 and voted (5-1-0-0) to approve a resolution recommending that the City Council approve Conditional Use Permit, PCC-99-11 for a monopole within a palm tree design in accordance with the draft City Council Resolution No. i!l.3 LJ7 DISCUSSION: Background On December 16, 1998, the Planning Commission considered the proposal by the applicant for a 60 ft. high monopole within a palm tree design and the associated 175 square foot equipment building. Staffs recommendation was to approve the 60 ft. monopole only without the palm tree design. The Planning Commission considered a motion to support staffs recommendation for the monopole but the motion failed at a 3-3-0-0 vote. The Planning Commission then considered a second motion in support of the monopalm and approved it with a 5-1-0-0 vote. The Planning )/'-/ Page 2, Item No:_ MeetingDate: 1/19/99 Commission supported use of a monopalm since they believed it to be less intrusive than the monopole. Should the City Council decide to uphold the Planning Commission recommendation then staff would recommend the following conditions be added to the resolution for approval: 1. Submit a maintenance program for the maintainance of the structure, palm fronds, and wood base to the City Director of Planning and Building for his review and approval within 30 days of the date of approval. 2. Any repair work to palm fronds shall be done within 24 hours of incident. Maintenance of the wood base structure and related items including staining and water treatment shall be done every six months. 3. Upon construction of the "monopalm", the applicant shall paint the wood structure a "wood" shade to match surrounding palm trees. 4. Place the palm fronds and antennae supports and related accessories away from the north property line, so to avoid overlapping the adjacent property on the northside. In the alternative, the applicant may submit an agreement letter between Nextel Communications and the affected property owner to the Director of Planning and Building for his approval prior to final inspection. 5. Prior to submitting building permit applications, submit plans for review and approval to the Zoning Administrator for colors, materials, screening and architectural integration of the antennas supports with the antenna array, palm design, and radio equipment enclosure. Site Characteristics The site currently contains a small two-story retail office complex. It is a level parcel with no elevation changes proposed. The entry to the site is through a covered driveway with parking to the rear and under the second story cantilever. The site currently contains 19 parking spaces. The only landscaping on the site is within the courtyard consisting of three palm trees. The street trees along Broadway are palm trees as well. The office complex faces east, along Broadway. (Refer to site plan, Attachment 3 and pictorial display, Attachment 4. Slides will be presented at the City Council meeting.) /9-J- Page 3, Item No:_ MeetingDate: 1/19/99 General Plan. Zonin~ and Land Use Site North South East West GENERAL PLAN Thoroughfare Conunercial Thoroughfare Conunercial Thoroughfare Conunercial Thoroughfare Conunercial MH Residential ZONING CT CT CT CT R3 CURRENT LAND USE Conunercial office building Auto Glass/Restaurant Auto Tire Repair Bar/Conunercial business Apartments Proposal N extei Conununications proposes to construct an umnanned cellular conununications facility at the northern end of the subject parcel. The proposed facility will consist of an approximate 175 square foot enclosure around a radio equipment building and a 60 foot tall monopole supporting a cellular antenna system holding up to 12 (panel) antennas with three antenna support arms. The monopole is structured within a "palm tree" design. There is a courtyard within the building design that contains a landscaped area with three small palm trees. The monopalm is proposed to be located within the north area of the courtyard, in between the staircase and the equipment building. The equipment building is proposed to be located underneath the cantilevered second story. The "monopalm" would be surrounded by the equipment building and the two-story cantilever on the west, a 6 foot high wooden fence on the north, and the two-story building along the east and south sides. This enclosure will cover approximately 25 feet of the "monopalm." (Refer to site plan, elevations and information handout, Attachment 3.) In accordance with Section 19.48, Unclassified Uses, Conditional Use Permits are required for this use and shall be considered by the City Council upon reconunendation by the Planning Conunission. The height limitation in the CT Zone is 45 feet, but this height limitation may be adjusted through the conditional use permit process. Staff is processing the design review on an administrative level. Similar Establishments There are monopole facilities currently in Chula Vista. Those facilities are PacTel Cellular and U.S. West sites adjacent to 1-5 south of Anita Street which both consist of a 60 foot high monopole. AirTouch and Nextel conununication facilities are located atop Conununity Hospital located at 751 Medical Center Drive and an additional AirTouch conununication facility is located at 625 H Street and consists of a 60 foot high monopole. The H Street site is the closest facility to the proposed project. (Refer to the locator map, Attachment 2.) J7'~3 Page 4, Item No:_ MeetingDate: 1/19/99 Analysis The proposed wireless facility will be located in a commercially zoned area, CT (Commercial Thoroughfare). The adjacent parcels to the north and south are also in the CT Zone. The closest residential property is an apartment complex located approximately 50 feet to the west. The Flamingo Trailer Park is located a few parcels away to the south in the commercial zoned district, CTD. Staff identified the following issues and has discussed them with the applicant: I. Design The applicant has selected the monopalm concept versus the monopole to alleviate the monopole visual impact to these surrounding residential uses. This is a new product in the industry according to the applicant. There is currently an existing monopalm in Spring Valley and the City of San Diego. Staff conducted a site inspection of the facility in Spring Valley. The Spring Valley site contains older more mature trees and taller buildings than the proposed site. Since there are no materials or brochures available from the manufacturer, the applicant has supplied slides of the Spring Valley location. While the Planning Commission felt that the "monopalm" design was a creative approach and should be encouraged, staff continues to have concerns regarding the artificial appearance, and future problems with maintenance which could ultimately require code enforcement action on the part of the City. (Refer to Attachment 4.) 2. Alternate Sites/Co-location The applicant submitted a description of other sites as required by City policy to provide coverage in the general area of "H" Street and Interstate 5, a map of Nextel's coverage objective, and plots of the drive tests showing amount of coverage for antenna height of 45-60 feet. In accordance with departmental policy, co-locating on existing facilities must be attempted if feasible. If this cannot be accomplished then documented evidence must be submitted. Therefore, the applicant has attempted a co-location proposal with the existing facility site on "H" Street. In order to avoid interference, Nextel would have to place their facility 15-20 feet above the existing AirTouch facility, as any lower location would not serve Nextel's needs. It appears that a new monopole would have to be installed replacing the existing 60 foot high AirTouch facility to support a 80 foot high monopole. The applicant explains in the attached letter that this is not feasible due to structural incompatibility, financial burden, and negative visual impacts. (Refer to Attachment 5.) The applicant searched for alternative project locations within their needs scope. Multiple sites were rejected for various reasons by the applicant. ( Refer to Attachments 6 and 7.) Those reasons include impacts to parking, setback conflict, site restrictions for their equipment building, property owners not receptive to the proposal, lease unavailability, and placement of a lone palm tree was not compatible within the commercial centers. Staff is satisfied with the applicant's Jr;-1 Page 5, Item No:_ MeetingDate: 1/19/99 conclusion as to alternative locations within their needs area. The proposed site provides a somewhat sheltered location, containing existing palm trees in the courtyard. This area provides some shielding for the monopole from Broadway and residents to the west. The office building elevations are 25 and 30 feet as noted on site plan and elevations. 3. Maintenance Since this is a new product, both the City and applicant are unaware as to the look, condition and safety over a period of time. Staff believes a regular inspection, immediate repair work and constant maintenance would be required if a monopalm is approved. Staff is studying the impacts of new designs or disguises for monopole facilities and intends to standardize the existing policy with design standards, and new landscape treatments for future projects of this type 4. Context Staff expressed concerned with the close proxlImty of the monopalm to the Broadway thoroughfare. Due to lack of mature vegetation in close proximity, as in the Spring Valley site, staff believes a lone artificial palm tree of this height and design along Broadway would be highly visible. A single monopole would have less visual impact. Conclusion Although the Planning Commission recommends approval of the monopalm, staff is recommending approval of the monopole instead of the monopalm design. Staff believes the monopole would have less visual impact and would blend in better with the surroundings. FISCAL IMPACT There is no fiscal impact as a result of this project proposal. The applicant has paid all required processing fees. Attachments 1. P.C. Resolution 2. Locator Map 3. Site Plan 4. Photographs of project site and Spring Valley site 5. Co-Locating Existing Facilities 6. Search Area Map and Alternate Sites Considered by Nextel 7. Map of Coverage Radius. 45-60 feet 8. Disclosure Statement (H :\home\planning\maria\pcc9911 c. f) J9~~ THIS PAGE BLANK /9'? RESOLUTION NO. J 7'31/? A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT, PCC-99-11, TO NEXTEL COMMUNICA TIONS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICA- TIONS FACILITY AT 428 BROADWAY AVENUE A. RECITALS I. Project Site WHEREAS, the parcel which is the subject matter of this resolution is represented in Exhibit A attached hereto and incorporated herein by this reference, and for the purpose of general description is located at 428 Broadway Avenue ("Project Site"); and, 2. Project Applicant WHEREAS, on September 15, 1998 a duly verified application for a conditional use permit (PCC-99-11) was filed with the City of Chula Vista Planning Department by Nextel Communications (Applicant); and, 3. Project Description; Application for Conditional Use Permit WHEREAS, Applicant requests permission to construct an unmanned cellular communications facility consisting of a 60-foot high monopole. The facility will consist of twelve (12) panel antennas, three small antenna supports, with 175 square foot radio equipment building on the Project Site; and, 4. Planning Commission Record on Application WHEREAS, the Planning Commission held an advertised public hearing on the Project on December 16, 1998 and voted 5-1-0-0 recommending that the City Council approve the Project in accordance with Resolution PCC-99-11; and, 5. City Council Record of Application WHEREAS, a duly called and noticed public hearing on the Project was held before the City Council of the City of Chula Vista on January 19, .1999, to receive the recommendation of the Planning Commission, and to hear public testimony with regard to same. /9-7 Page 1/2 NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find, determine and resolve as follows: Resolution No. B. PLANNING COMMISSION RECORD The proceedings and all evidence on the Project introduced before the Planning Commission at their public hearing on this project held on December 16, 1998 and the minutes and resolution resulting therefrom, are hereby incorporated into the record of this proceeding. C. ENVIRONMENTAL DETERMINATION The Environmental Review Coordinator has concluded that the project is a Class I Categorical Exemption from environmental review pursuant to ~ 15303 and ~ 15311 of the California Environmental Quality Act. D. CONDITIONAL USE PERMIT FINDINGS The City Council of the City of Chula Vista does hereby make the findings required by the City's rules and regulations for the issuance of conditional use permits, as. hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the stated finding to be made. I. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed cellular facility is necessary to provide and maintain a quality cellular phone system in the Chula Vista area. The Nextel Communications system is used by many public service providers including sheriff, police, fire and paramedics. The proposed facility will provide needed channel capacity in the area that will help to ensure availability, not only for general users, but for emergency service providers. The requirement for mandatory sharing will eliminate or reduce unnecessary proliferation of monopoles while providing future tower or antennae sites elsewhere in the City. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. Cellular communications operate on low-power radio waves. Emissions from cellular antennas have been shown to be below any levels that would cause hazardous biological /9-~ Resolution No. Page #3 effects. In addition, cellular antennas emissions are so far below all recognized safety standards that they constitute no hazard to public health or safety. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. Conditional Use Permit PCC-99-1l is conditioned to require the permittee and property owner to fulfill conditions and to comply with all the applicable regulations and standards specified in the Municipal Code for such use. The conditioning of PCC-99-11 is approximately proportional both in nature and extent to the impact created by the proposed development in that the conditions imposed are directly related to and are of a nature and scope related to the size and impact of the project. 4. That the granting of this conditional use permit will not adversely affect the general plan of the City or the adopted plan of any government agency. The granting of PCC-99-11 will not adversely affect the Chula Vista General Plan in that said project is proposed to be built on a site predominantly surrounded by commercial zoning and multiple residential uses, said uses conforming with the General Plan. E. TERMS OF GRANT OF PERMIT The City Council hereby grants Conditional Use Permit PCC-99-1l subject to the following conditions whereby the applicant and/or property owner shall: I. Construct the Project as described in the application, except as modified herein to allow for the monopole design, excluding the palm tree design. 2. Upon construction of the monopole, the applicant shall paint the monopole structure a subdued gray shade. 3. Upon construction, the applicant shall paint the radio equipment enclosure and trim the colors of the retail/office building and adjust colors to match any future retail/office building color change. 4. After construction, replace all existing palm trees which has been damaged and other vegetation in their original location. 5. Place the antennae supports and related accessories away from the north property line, so to avoid overlapping the adjacent property on the northside. In the alternative, the applicant may submit an agreement letter between Nextel /1-') Resolution No. Page #4 Communications and the affected property owner to the Director of Planning and Building Department for his approval prior to final inspection. 6. Prior to submitting building permit applications, submit plans for review and approval to the Zoning Administrator for colors, materials, screening and architectural integration of the antennas supports with the antenna array and radio equipment enclosure. 7. Cooperate in good faith with other communications companies in co-locating additional antenna on pole structures and/or on the tops of buildings provided said co-Iocatees have received a conditional use permit for such use at said site from the City. Permittee shall exercise good faith in co-locating with other communications companies and sharing the permitted site, provided such shared use does not give rise to a substantial technical level- or quality-of-service impairment of the permitted use (as opposed to a competitive conflict or financial burden). In the event a dispute arises as to whether permittee has exercised good faith in accommodating other users, the City may require a third party technical study at the expense of either or both the permittee and applicant. 8. Comply with ANSI standards for EMF emissions. Within six (6) months after the issuance of its final inspection, Applicant shall submit a project implementation report to the Director of Planning and Building which provides cumulative field measurements of radio frequency (EMF) power densities of all antennas installed at subject site. The report shall quantify the EMF emissions and compare the results with currently accepted ANSI standards. Said report shall be subject to review and approval by the Director of Planning and Building for consistency with the project proposal report and the accepted ANSI standards. If on review the City in its discretion finds that the Project does not meet ANSI standards, the City may revoke or modify this conditional use permit. 9. Ensure that the project does not cause localized interference with reception of area television or radio broadcasts. If on review the City in its discretion finds that the project interferes with such reception, the City may revoke or modify the conditional use permit. 10. Upon completion of construction, provide one 2A: IOBC fire extinguisher at a location satisfactory to the Fire Marshal. II. Obtain all necessary permits from the Chula Vista Building Department and Fire Department. The design of the equipment shelter and antenna array shall comply with the requirements of the Zoning Administrator and with the edition of the Uniform Building Code and the Uniform Fire Code in effect at the time of issuance of any permit. /9-/0 Resolution No. Page #5 12. Comply with the City's Municipal Code noise standards. Within three (3) months of the issuance of the occupancy permit, the applicant shall submit a report to the Director of Planning and Building which provides cumulative field measurements of facility noise. The report shall quantify the levels and compare the results with current standard specified in the Municipal Code for residential uses. Said report shall be subject to review and approval by the Director of Planning for consistency with the project proposal report and Municipal Code noise standards. If on review the City finds that the project does not meet the Municipal Code noise standards, the City may revoke or modify the permit. 13. This Conditional Use Permit services a defined service radius if the Applicant requests a second tower within the same service radius, the Applicant shall be required to amend this Conditional Use Permit. 14. This permit shall be subject to any and all new, modified or deleted conditions imposed after approval of this permit to advance a legitimate governmental interest related to health, safety or welfare which the City shall impose after advance written notice to the Permittee and after the City has given to the Permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 15. This conditional use permit shall become void and ineffective if not utilized or extended within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. 16. Applicant's failure to meet ANSI standards for EMF emiSSIOns or City's Municipal Code noise standards or the interference with area reception shall constitute grounds for revocation or modification of this conditional use permit. 17. The Applicant shall remove the monopole and accessory structure and return the site back to its original condition within ninety (90) days of cessation of use of the monopole. 18. Applicant/operator shall and does hereby agree to indemnify, protect, defend and hold harmless City, its Council members, officers, employees, agents and representatives, from and against any and all liabilities, losses, damages, demands, claims and costs, including court costs and attorney's fees (collectively, "liabilities") incurred by the City arising, directly or indirectly, from (a) City's approval and issuance of this Conditional Use Permit, (b) City's approval or issuance of any other permit or action, whether discretionary or non- discretionary, in connection with the use contemplated herein, and c) Applicant's installation and operation of the facility permitted hereby, including, without /q-/I Resolution No. Page #6 limitation, any and all liabilities ansmg from the emission by the facility of electromagnetic fields or other energy waves or emissions. Applicant/operator shall acknowledge their agreement to this provision by executing a copy of this Conditional Use Permit where indicated, below. Applicant' s/operator' s compliance with this provision is an express condition of this Conditional Use Permit and this provision shall be binding on any and all of Applicant's/operator's successors and assigns. F. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL The property owner and the applicant shall execute this document by signing the lines provided below, said execution indicating that the property owner and applicant have each read, understood and agreed to the conditions contained herein. Upon execution, this document shall be recorded with the County Clerk of the County of San Diego, at the sole expense of the property owner and/or applicant, and a signed, stamped copy returned to the Planning Department. Failure to return a signed and stamped copy of this recorded document within ten days ofrecordation to the City Clerk shall indicate the property owner/applicant's desire that the project, and the corresponding application for building permits and/or a business license, be held in abeyance without approval. Said document will also be on file in the City Clerk's Office and known as Document No. Signature of Property Owner Date Signature of Representative of Nextel Communications Date G. ADDITIONAL TERM OF GRANT This permit shall expire ten (10) years after the date of its approval by the City Council. After the first five (5) years, the Zoning Administrator shall review this Conditional Use Permit for compliance with the conditions of approval, and shall determine, in consultation with the Applicant, whether or not the tower height can be lowered. H. NOTICE OF EXEMPTION The City Council directs the Environmental Review Coordinator to post a Notice of Exemption and file the same with the County Clerk. Iq-/~ Resolution No. Page #7 I. INVALIDITY; AUTOMATIC REVOCATION It is the intention of the City Council that its adoption of this Resolution is dependent upon the enforceability of each and every term, provision and condition herein stated; and that in the event that anyone or more terms, provisions or conditions are determined by a Court of competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall be deemed to be automatically revoked and of no further force and effect ab initio. Presented by Approved as to form by (^_~Ch~_~ John M. Kaheny City Attorney Robert A. Leiter Director of Planning and Building H:\shared\attomey\PCC9911C2.RES I cl-I 2:> ~ ---- \ =S V~.!.E !-'~ ~ARJ:. \ \ ~, ----. \ \ \. .', \ I APSf 'Sf\ i BArT'5f, \cHUR..."Hr V \ \ ~\\ \ \ \ --\ .'; \ ..---"', ~. t:, \ \ . ~\ \'!STAN AP'fS ~) SOtJIH MY TON3".s ~ APf5 \ T~ \ (132) \ ~ I~.\ \ '#IT \ \ \ \ \,~ PEPI>:?S\, PH \ \ \ ~ " \-> \ \ \ \~' , \ \ \ \ \ \ \ \ \ \ \ , \ \ , '\ \ , ~\ I~ --\17 ~I \ I C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR :~~~ Nextel Communications PROJECT DESCRIPTION: ~ CONDITIONAL USE PERMIT PROJECT 428 Broadway .;l.. Request Proposal for installation of a monopalm ADDRESS: communication antenna an'd equi;>ment SGALE..: FILE NUMB:R: / q - If NORTH I No Scale PCC-99-11 h:lhome\pianninglcarloslloC8tDrsIpCC9911.cdr 11/5/98 chment Atta ~ ?/7 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRM'T A CONDmONAL USE PERMIT, PCC-99-11, TO NEXTEL COMMUNICATIONS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 428 BROADWAY STREET. RESOLUTION NO. PCC-99-11 WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on September 15, 1998 by Nextel Communications; and WHEREAS, said application requests permission to conswuct an unmanned cellular communications facility, 60 ft. high monopole within a palm tree design and equi i ent building, at 428 Broadway Street; and WHEREAS, the Environmental Review Coordinator as concluded that the project is a Class 1 Categorical Exemption from environmental review pursuant to e California Environmental Quality Act; and WHEREAS, the Planning Director set the time and pi e for a hearing on said conditional use permit and notice of said hearing, together with its purpose, was giv n by its publication in a newspaper of general circulation in the city and its mailing to property owners d residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hear' g; and, WHEREAS, the hearing was held at the time and pi ce as advertised, namely December 16, 1998 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, be ore the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered a I reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT HE PLANNING COMMISSION does hereby recommend that the City Council approve Conditional Use Pe 't PCC- 99-11 in accordance with the [mdings and subject to the conditions and [mdings contained in the ttached City Council Resolution. BE IT FURTHER RESOLVED THAT a copy of thi resolution be transmitted to the City Council. pASSED AND APPROVED BY THE PLAN NG COMMISSION OF CHULA VISTA, CALIFORNIA, this 16th day of December, 1998, by the fol owing vote, to-wit: AYES: 5 NOES: 1 ABSTAIN: 0 Patty Davis, Chair ATTEST: Diana Vargas, Secretary H:\HOME\PUo.NNING\MARIA\PCaJ'CC9911.RES ATTACHMENT .J.. / tr\ j :>-<z i <:!!:: '- ;s: 0 i-~ Q [:., rJ <: J rJ 0<:7 !!::u I (I1 \0 m <i <: "-' c u C\) t-' -+< [fJ \J !--! > o ,....., ()) .,.-I OJ <: ,...:j ;:J 'T' '-'-< U " !l111' ,I, II 3 ~ : Ii i : j ~... '" 0; g . ~ . . . . ~ ~ r- \ " 'v-':-/' J Q,. ., '7 -3 7j ~ N-/S' 1 ;;;"- H~rHHi.HHl ; t" o. __ .1Oln;:lI---t'~;, t . I J u_H.. . ~ .' I . I III "'-" ::J e. ' __ J"'~I ..;i I 1 ; ~t-L: . ! ;J) I ! ~. ' i~ I', I ;;' ~." l. I'!'" i · l . B~ill I ,.; I I 11111 I! ! ~:. i : ; ~ 1 · I ,. I 'i'I' , I ~! l q" ! ~, s ie.:l.:: ~ g..S : ! ::::II .... i;3 II .... ~ J ~ :; 0,1;0 g;; i Eli <l=~~l~ i ~=' ~i ~: ~~ , w-c:~; iii'~~ 1 ..., .i , E l I ~~ l! E ill i 2:~ . . ~ !::: I iil ~ :J ~ !O! '" ::.h ~;! .Ed:~ ! ...i, ....~!...:.i.'~ _ :.. J"-il,i' ':,' !l,!fl!rr!. ;, . __.~.r! ! ii:5 . IJ~ !~. ; _ I i"1' :i '11' ~,I! : ,.~, ,;. . ", .. I ~. :.:"i': ..::~l!i ii i g .ii. ~a:, _ 0 ., _I I II" al:' . In"I.h1. .' ",' "_j ,--5.-... "I' .il 5~H!1~~li.li:I~!i~5 ~. ~ !i,~i!i1j~ ti:::ij?;;;i~i;;~;~ro;:~~- ~ ~;:. t13 a~:!=~~~:i~ _ ~~:~Z:I.~~~"".'I !1tSl'~ ...IIU-"",,:>>C ~ ... 10= :. ~.i=J 5i f:~it~: ~illi~=;;i~ .. ~.. .",0'.10 ;:y:O''' Iol. ..~;~=ii ..-.~... ~ ' .. \ \ ! \\" \ ~l"'" ' ! ~ J I \:\ \~, _'t \.--' "':' ;, ~ I__~_" ~:." -'\ - .~~ : I ~ 0_" ' \ - fl'''' . ..--- - ::; ~. A)r::::-f~ ~~:II .... " _\'8 .. ~ ~ ~t : i!;J i g i~I~ ~ ~ -.. ..!J 1 ~ i..!J ,~ .-J ~ '" ~ '" ~ t1 '" ~ Ej , I- . i j..l ' ,", ' :; ~ ~ ~ ~ -~ - - : '" ? :'1- =i j -- .~ fS~,-;,:: ~ ~ j~' i " .. :l: ~ 3 ;..- ;i litsE":'': - ! ~.,ol;i i j H~';; I ~ m~ I rt ~ i L i :a~ ! ilil .! ; ;Sl~ I ~;c i- a:fH ~ ~ ~~!~ ~ " _0 a '" ~ '" :J '" ~ OJ =< !!l t:l ^' - ' /\ w_"_"-"- \ \ ~\ -\ . "I....... .~ ~ ~;i -;;~ J~. :: ~ ;em ~_~ J~ g!i:l ~ -"!' -, ~::I I: :i u ~:;; i :c ;ii .::::I!..;:';.. ;; ~i' .;i'll- it c_ ~ " ~!;;~ ~ 3 ~ ~ ~~ .-----'" Ii ,. v , ~ ~,,:= 'i .:t ~ .lfi H ;1!1 j I ]j i ~ . , , ",.',.- . .,.". ", ~ '!!lt~ :::l~~~ -=. ~=r::l ';"'~~ ~. " '.'~' -.,., '. ." I I"J ~ , . , Hhn~~~~~! :' :- :1: ~~ =: i: i! f;~ Hf ~~~ is ~ 1~! i'~ .~'~'S'~"SI:":: ~~~; ';"~:€:~9 .. - ~ l~:'- , ,---.. r'~ II1I1 iil!i, Ii ill . : ~ , :~~=~......._.._....- IImmmH! IiIi.=Ssrl'liliJ;'IiZ:-;:;-; I j I', ' . . I ; t Ii ; ~ .- !". i; ~i a ~~! , I ~ ; 201 liS .. l! .Q ~ , 'I'~=' ~!' :;1 .. If1'~ Ii;: "". ~;! list ; ::: :: B~~g~ i ~=G I l,l ill I z <; o o -' to. I ,'{:', . " i z ~ ; ~ '" J < DR '" ~ "'. "', "'. ~ -~ z, '" @ J.VAlUVOllH ~ ~~ ) ~ ,<, I I I I I I I I I i I I' " I I I I I :-~! I I I i I I .:..'-.....-1 l .,,~: ~,~ -:~\i, ~"5)illi::' ~"l,:. ! ====..::;:J . - -' 'I~" ' :~~J' ~;,~~~ ~':::,::~:~ , '/J:,I_. : sr-:-.. .."- ",-', " '~<'<f2f /,' ": D....-:..: ..~ W . \18 ,\: [J I.\.~ I. ", iI ~ i ~ ,- =~ ,. it: ; , I i 4/ 1- I I ! . -.. ,-.--- ;q-//P It i ! I :--~ .:.~'...~.;..-~l! ~.'~':'.:'.':'.'~:I;; ""11"'>~1 - i.' . .<!!' ,........,~ ..:...../..~ I ~ II.. ~ il! i ~ ,i.,I'4;\, ' '. [ZJ~: ~ .... j , 1 '. i! j~ ,: I" ~ rwn ." "~lH ~~ i I; .i ~GI L ; ~=i, ; ~ ~ u-! ~ ~ ~ . I ~ i ~.I ! r; ! ! ~ . . < . ~3 ~ ~, a~ !<'. . 5~~I~' ii~~I~ g ':~ ",(J)l " :r~ I ~ <. -' .- ! U] @; :.:..: ::;fi '," ;-c!:< :1:? ..,..-. ;~- ~ ,~ ;..~ - ,...::..... , ,. Nextel Communications 16~5 I~urray Canyon ""ad, Suite 1 DO Sac. J,e~o, CA 921 DE 61: -. 52500 'FA>: 6': 7~ 8.3501 NEXrr=;; . - -- - -- !! - !!:::::: , - ."'.ugust 24, 1998 Wul.'ia Muett P:-aject Planner ?:2:1I1ing Dep2r"~'lJent City of Chula Vista 276 Fourth Avenue Cnula Vista, ell. 91910 / I:} Conditional Use P=it Submittal for Ne?1 Project at 42 D= Maria: cJ I:IJ I s:lOke with you recently regarding the above referenc~roje^.. Initially I had des:ribed the placement of a 60-foot monopole along ~ad y. You had indicated that in order for the City of Chula Vista to support su:h a facili I would need to provide justification as to why a monopole deSign is necessary to chieve Nextel's objectives for this area of Chula Vista. Subject: Sin:e that time we have changed our design from onopole to what we call a "monopalm". Tnere is a more detailed descripti in the attached application but a monopalm is essentially an antenna pole disg . ed as a palm tree. Ne>..1el arrived at this design only after considering all other optio . Nej.:tel looked ii,st at trying to locate a f: ility on an existing building either by fas:ade mounting the panel antennas or moun' g them on the roof of a building. Unforrunately thi'- design is not feasible since the 0 y property owners willing to allow Ne>"'1el to locate on their property have buildings w ch attain a maximum height of25 to 40 feet. Nextel needs an antenna height of at Ie 60 feet to achieve its objective, which is to provide radio signal to the Chula Vista all, Interstate 5, and surrounding surface streets. Taller buildings such as the Travel odge, Bay Medical Plaza, Scripps Memorial Hospital, Early California Motel, an the Mall itself were not interested in leasing to Ne>..1el. Ne>"'1el also explored th possibility of colocating on the existing 60- foot Airtouch monopole at Broadwa and H Street. In order for Ne>..1el to colocate on the pole the antennas would hav 0 be placed at a lower height of 40 to 45 feet so that Ne>..'1el's radio signal would not' erfere with Airtouch. This height is below the 60 feet that is ne~essary for Nextel to achieve its coverage objective_ Since colocation and building & < i h E =~ !u ~ II i~~ i~ H i;! --.. rp: - :; t: .~! 11 .l',! ;:ilr J' .t t nf.- I" :t"I ! ilii i ,ai. i' i to3 ': Ii:; I ~ ; ! i;~ j ! j - :I - 5! iI I i ~: i! i f :: i, i! j.!! : 1 f!q j; I i;i lih!!liE!h.!iEE ~ ~&H00&000~U ~ .\ ('~ , X I 'v ; ~ ! I I I I , . ! I ! -- ~:.:r~~,"'~:. = ..-J;( - If';;: ( iFEi:.::: i J ~. 1m. I H..:: 'I !!!I! i '!+i, :'i \. I l Y-il 1m !I iH,j :.'II! t iT11 ~!!! I ,ral ",! I ;. '- ~:!: I I. :.'!' - ~I im,- '-.r- - "Iii " 1:;=:j:W t-' ~:: @ ~ ,L9:::i11d :2> ,... ~ , J'r~i::;['_ , , li 1;I..:i;i '" 'S- .!Tl1 !i!: ~. ""'. ,r;-,o ;"EI :..;;;;::;;; .' .I.l.....J all_ ~~~ / r I,ll ;~-, ~,-""o.- "(1'-'--- , Ill; " :.~ r" "'\ l~_ .~~ 5 ;= < >. ",' wi- \, -i. 31~ 00. 1-;' \S' g ~!! ::::1" ~: ~~ @ --- ~ .1 1111111.1i II III iiii i ; ~=~~!._~_.;~~M ! ~ ,!,!!!umHl " ~ I It' lit .,11........1' II a .3 , . Iia ; ~ ~ .. . ! i i . I , I I A a I !i' ~ ~: ~, ~~ g:; s.. . : ~.. ... i; :ii 11....:'7'. j;:~ I ! ! - .' ~ " I" t ~ I ,1; . i . ill II' 1 I 11111 ,i 5., I il . i I I I :~ . i ii~.~ ~ ~ ,; ;1 -iOll;!i !' d : 1It* ~ a_: "'I "" i~!~ S :::;::c ! f ~ I --~ I rt.t..-- :'1 ~. ;1-17 ;= '" ~':' ~!:' =I~ ~I"" =':! ~~ @ ~ :Cr:' q. t:!1~ t;!~ ~I~ @ !HE ;Y OF 0fUlA V1STA DJSa..osURE. ATEME:."T You arc rctluirell 10 fiie a Statement of Disclosure of ccr".ain ownen;hip or financial intercsl5. paymenl5, or campaign conlrihutiar.5. on all rr.alle:1' which will r~uire discretionary anion on the par: of the City Council. Planning Commission. and all other oITi:ial bodi::.;, ,DC followmg mforrr.atioD must be di>::ioscd: - ~P\.~<' l...i;~ the nam~ :J; ::Jj persons r..aving a finan::ial int::r=st in the prop:ny which is the suhject of the appli::ation or the .:::ontnt=t, e.g.. O~. appli.:anl. :::onlraClOr. SUbCOnl:7l00r, material supplier. (:\ rJ.,'f.R-( ~-::':-,c\''E..L.- r ~1'I'\\lN\~~ ~,(,)\"~G 1- ~4<;.nG\?\<;::< - 1. 2. 1: any pen;on' icentified pur.;!:ll"1 10 (1) above is 3 corporation or par:nership. list the names of all individuals owning m:):e than ] oc;r, af the Sh,H~ It the corporation or D"'-'!ling any pa~n~:shjp inlcrc.st in the panne:ship. :\~~ "'{:-- N(~\.J.~~(~ 9./ ~SS:--r'~ S , i0\\NnJ, ~,r~~r-R ~~b ~ \\~~"""""-\"f-;S , 3. If any person" identified purst.:ant 10 (1) above is non-profil organization or a trust. list the names of any pen;on se:;ing as dire=lOr of the non-profit organization or as trustee or beneficiary or trustor of the trust " A' , , 4. l-'.avc you had more than S~O wortb of business trallS:lctcd with any member of thc City staff, Boards. Commissioll5, Commillees, and Council within the past twelve mont~.5? Yes_ Nob.. If yes. pJ= indicate porson(s): 5. pj:.as: identifY =.a:h and every person. including any agents, empIDY~. consultants, Dr independent :on tractors who you nave assignelllO ropresenl you beiore Ihe City in this maller. \V\~Q"\l. ~~;:.Ii':':;:' \f\\M"l'-\ ~ \.lcx..~~iZ 6. P.avc you and/or your offic.ers or agent" in the aggrcE3te, contributed more than $1.000 to a Councilmcmber in the current or pre::eding el:::::tion period? Ycs_ NoX. If yes, state which Councilmember(s): ?J;;7A~ I . . . (NOTE: A1~admtionalpa~as~~ L~ . Signalure of wntractor/applicant MA~ D. ~~~ Print or type name of contractor/applicant f( Dale: . P~ntl is D-?:r.t:JS: "All)' uJd.il~ fmr.. c'o-pamJ~, .ww VOUW::. aJ:JocuWon, sociDJ cJu.b,jrmmUJi DrgatUzmjOn., cmporaziorJ., csuuc, zrw:. ~eiv=r, syru:ilcau, dw.,ut .,~, 0= =U~', =i"~ row'"), Clry mwuc,.o~' amnr; "' o;;~~'~ mbdi~ "fra:C1i men r"'.p '8 RESOLUTION NO. PCC-99-11 4)9 RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT A CONDITIONAL USE PERMIT, PCC-99-11, TO NEXTEL COMMUNICATIONS TO CONSTRUCT AN UNMANNED CELLULAR COMMUNICATIONS FACILITY AT 428 BROADWAY STREET. WHEREAS, a duly verified application for a conditional use permit was filed with the City of Chula Vista Planning Department on September 15, 1998 by Nextel Communications; and WHEREAS, said application requests permission to construct an unmanned cellular communications facility, 60 ft. high monopole within a pahn tree design and equipment building, at 428 Broadway Street; and WHEREAS, the Environmental Review Coordinator has concluded that the project is a Class 1 Categorical Exemption from environmental review pursuant to the California Environmental Quality Act; and WHEREAS, the Planning Director set the time and place for a hearing on said conditional use permit and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the city and its mailing to property owners and residents within 500 feet of the exterior boundaries of the property at least 10 days prior to the hearing; and, WHEREAS, the hearing was held at the time and place as advertised, namely December 16, 1998 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the Planning Commission and said hearing was thereafter closed; and WHEREAS, the Planning Commission considered all reports, evidence, and testimony presented at the public hearing with respect to subject application. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION does hereby recommend that the City Council approve Conditional Use Permit PCC- 99-11 in accordance with the findings and subject to the conditions and findings contained in the attached City Council Resolution. BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City Council. PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA, CALIFORNIA, this 16th day of December, 1998, by the following vote, to-wit: AYES: 5 NOES: 1 ABSTAIN: 0 Patty Davis, Chair ATTEST: Diana Vargas, Secretary H:\HOME\PLANNING\MARIA\PCC\PCC9911.RES ATTACHMENT J. I \ \ \ , . ' \ \ , " \ , \ ' '. " , --- ". . '. \ . ---;;:w. ". \ \ \ .'---- '....--- ~\P\\\\~--c:, .'1 -\:\'.\--0\ "DSE^""",,~\~\ ~~\\\\ \\ \\ \\' ..... MO.lLE, \ ~ ' ---' '. '\ . HO"" .' \ "y_ r \ . \ i \ IV\~ \ '0 \ \ \ \ " PA"". ~\Z '\ \. .._________~~ \ 1l~ Y :(~~\ II ; u~l ,....___ or-Go" 5~. "'. \ \ " \ I MO'_ '. REST. 0 /(liLDW., I , ....-l \. ", \ 7 --\, A~.~S ". , '. I '- \ r \ OFF.'. (281 " "_ '. ' ,',THPJfT\ _:'-\.-'_" '_ is;'.5p.., SF \, '.6AR '. \ ___~~" _Sf-Sri \ \. .> \ '\:m:~5\ \5~,(f,S;_ \ ~ \~~ , , PlNE V--.J, V'~:?-'I \. 5"'''- " ,:;:i.. I FIRST'5flJ . TREE ',.--- \ , '\~. "C"-' \SF.SF '?:\ ....~sl". \ AFrS'. vI' , \ i,,#, F, W.,.. ~ " .\ ,,'f ' 's",- \ . .-'. \cHURCH \ (33) ~/ .'/ \SF\5F\ \ \ \q\ . 5\\'\..... I~ 50lITH \PAClFIC' \ \~S~F F F F':\~ ~';'.\'. ~ \ MY \TlRE \ \ \ 5\~€ \ \ ~ VlSTAN \ ~~ , ,,--._ ,,~OS~\..; \ \ \ ~\I \ 1\ .----J\ \ . t3'i~ \ (132) \1 /", \ \ L-W\ \ \ ' ,-,-\ ".-'~' \~' ',---M;\\\1y ~ , \1 \ "-~ ~ \ \ \ ,~ S PH'..-----'\, ~~\s\"tl'~ \ili-\ ~\, \\ \ \ \.-.--, \ \ nlll ~ \. ,~*\ ~ -:'\ \::3, \ \ LOCA!l'"'\l~~. 'G\\ \ \, .J--' ~\>-\ \ \ \ \. \ nO\"E. I '\'1" 5'"''-''' \ " , . 1.01< ,. .- , ~\ ~ \ ,.--" s', 1')1, '. \ ~' ,.----J, \ ' <, '\ ::3~,~ \ Q\' r....-----~ \ _____---/--------\ , ...----- I ,.- \ ,I, ~,'I '\ \ \ \ ' I ,~ \ \~\ \ ~\~,\i,\m\ 'v\ \ . \ ~\ 0 \ e' ~,~ -------\ ' ,I \" \,~n ~....--I\ II \ \ \ r--' \_----\ \\\\ ~ \ \ , \ \ \ ,I , \~\ ' \ , \ \\ \ ------- y \ \ ~s ~E H.?ME PAR< \ \ ~ ,~ --- ~ --- /' ---- ----.- / \ C HULA VISTA PLANNING AND BUILDING DEPARTMENT LOCATOR PROJECT Nextel Communications PROJECT OESCRIPTION: ~ APPLlCANJ; CONDITIONAL USE PERMIT PROJECT 428 Broadway .). Request Proposal for inslaUation of a monopalm ADDRESS: communication antenna an'd equipment SCALE: FILE NUMBER: NORTH No Scale PCC-99-11 h:lhomelplanninglcarlos~ocatorslpcc9911.cdr 11/5/98 hment Attac :J.., o M OJ M OJ <r: H >-<Z <r: n:: ~ 0 r~' (:1 ~ ~ <r: H C') o ~ ~ n:: u I rn CO - < CD <r: u N ~ ~ Vl H > <r: ~ ;:J ::r:: u . ~ IJJUI!I\\ I !,l'l HiHiiiiHiii i 1 ; 1t:,,_"'1I'1l 1::- ...- t ~ ZG i , ' I - ~ ~ ... , I ; 8 I I ! l ~~ ! i~ I II:' ~:;i. I'" " i, D-~ll I ,~ : 11111 II! ' ii, I : 1 i j · I . "I~. ii' 1 1 g! l ~ ! -, ~ I'" ' ~., ~ - ::II ';I'" aT:! II i'" il.! ;;! 81 ~! .il i_I! d i .'~' 1.... i~a~~ A g:::;: a. ~ -;" I: I ... _0 .i5" ". ~ .,., .. ~ ~ . 1 ~ E ~ , i ~ i 0 . ,- ~ ~ f; .;j E ~ ~ : .- 3 .,., ~ r- -\ t;a 5:::l ~ r- \' \--':-,' J f' ? ~ - .3 z- o (0 l I !' Ii ~H! g ::~ : ::: 1 ,~ I" . ! I'-~. , ii' .~ ~ A I ~ [3. 0~ . 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II i " ! !Himm!!!! i , _.~..;.r..;;;;.- ---, j ---- ,-. .'zt~-~ {l ~! ~. f 1m _n-;;;;.:.;:;;;:._ I- .1 li_: ! , I I 3 . . . . z '" ~r~ El~ @ Nextel Communications 1615 I~urray Canyon ;bad, Suite 100 San Cllego, CA 92108 61 S 7" e 3500 FAX e' S 7~ 8-3601 NEXr~ii . - -- - -. !!! !!=:!!:=: ::~~ - August 24, 1998 ~ -.-. .j.- Maria Muett Project Planner Planning Depa11ment City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 ;', ./-,~- Subject: Conditional Use Permit Submittal for Nextel Project at 428 Broadway :'~ .....~ ' Dear Maria: -~'> I spoke with you recently regarding the above referenced project. Initially I had described the placement ofa 60-foot monopole along Broadway. You had indicated that in order for the City' of Chula Vista to support such a facility I would need to provide justification as to why a monopole deSign is necessary to achieve Nextel's objectives for this area of Chula Vista. Since that time we have changed our design from a monopole to what we call a "monopalm". There is a more detailed description in the attached application but a monopalm is essentially an antenna pole disguised as a palm tree, Nextel arrived at this design only after considering all other options. Nell.1ellooked first at trying to locate a facility on an existing building either by fa~ade mounting the panel antennas or mounting them on the roof of a building. Unfortunately this" design is not feasible since the only property owners willing to allow Nell.1el to locate on their property have buildings which attain a maximum height of25 to 40 feet. Nextel needs an antenna height of at least 60 feet to achieve its objective, which is to provide radio signal to the Chula Vista mall, Interstate 5, and surrounding surface streets. Taller buildings such as the Travel Lodge, Bay Medical Plaza, Scripps Memorial Hospital, Early California Motel, and the Mall itself were not interested in leasing to Nextel. Nell.1el also explored the possibility of colocating on the existing 60-foot Airtouch monopole at Broadway and H Street. In order for Nextel to colocate on the pole the antennas would have to be placed at a lower height of 40 to 45 feet so that Nextel's radio signal would not interfere with Airtouch. This height is below the 60 feet that is necessary for Nextel to achieve its coverage objective. Since colocation and building & Letter - Maria M uett August 24, 1998 Page 2 mounts are not feasible the only other alternative is to construct a tower to achieve the desired antenna height. - - While Nextel is still proposing that the antennas be placed at a height of 60 feet, they chose to use the monopalm design to minimize the visual impact of an antenna pole. A photo simulation of the proposed monopalm is included with the application for you reference. Please contact me at (619) 718-3688 if you have any questions. ~/JU Mark Brunette Zoning Project Manager Attachments 7 NEXTEL COMMU!\lCATIONS, I~C. DESCRIPTION OF PROPOSED PROJECT SITE 833-E ~ - . , . APN 567-200-13-00 - kx:A'1\0l0) The proposed communications site is located at 428 Broadway, Chula Vista, CA 91910. Nextel Communications, Inc. and the owner (James Algert) have entered into a lease agreement for the placement of a communications facility at this location. Nextel proposes to construct, operate and maintain an unmanned, Enhanced Specialized Mobile Radio (ESMR) communications facility. This facility will consist of twelve (12) panel antennas, measuring one foot wide and four feet in length, and three small antennas to be mounted on a 60-foot high "monopalm". A monopalm is a wood pole with the antenna support structure and plastic palm fronds mounted at the top of the pole (an antenna pDle disguised as a palm tree). The antenna structure and panels are located amDng the palm fronds and will be painted green to match the cDlor of the palm fronds. The mDnDpalm will be located in courtyard within the building near the north property line of the site. Nextel will also construct a new] 75 square foot enclosure, which will hDuse the radio equipment for this facility. The enclosure will he located within the ftrst story parking lot underneath the cantilevered second stDry of the existing building. This proposed facility would be unmanned, operating 24 hours a day. The only visits to the site will consist of any emergency calls as well as regular maintenance visits once every fDur to six weeks. SYSTEM BACKGROUND INFORMA nON Nextel Communications, Inc. ha5 been authorized by the Federal CommunicatiDns Commission (FCC) to construct and operate the first multi:pllrpose enhanced specialized mobile radio system (ESMR) in the United States. The system will provide superior service to the pubiic in several ways: ]) it will be a fully digital alternative to current "cellular" telephone systems; 2) it will provide digital dispatch services tD large fleet users (this "dispatch" service will make the system able to handle a one-to-many form of communications wherein one dispatcher can contact numerous mobile parties simultaneously); 3) it will provide traditional paging services; 4) it will provide wireless data transtnission. All of these functions will be available in DDe hand-held unit. HOW THE SYSTEM WORKS The service area is divided into a grid of theoretically hexagDDal geographic areas. At the center Df each area is a low power unmanned radiD repeater station, which handles the calls to and from mobile customers within the area. As a mobile customer mDves from one area tD another with a call in progress, the call is automatically 'handed off" to the next repeater statiDn, without interruption. TelephDne line connections between repeater sites and the switching office, and from the switching office to the telephone company central office permit mobile custDmers within the serving area tD utilize their mDbile phones just as they would a home or office telephone, with direct dialing. SITE SUITABILITY This speciftc site was chosen based on its ability to provide needed wireless telecDmmunications coverage alDng Broadway, H Street and Interstate 805 and the surrounding area within the City of Chula Vista. This particular IDcation was chosen due to its proximity to the afDrementioned coverage area. This site is necessary to provide uninterrupted service to mobile radio customers traveling from one area to another. ~ Page 2 ~extel Communications Description of Proposed .Project 833-E Bay Boulevard - PROPOSED USE OF FACILITY The project site is located in a Commercial Thoroughfare zone within the City of Chula Vista. Application is made pursuant to the City's General Plan and consistent with the Zoning Ordinance requirements. The proposed use of this communications facility will fulfill Nexte!'s and the community's need for digital mobile radio communication service in this area. This project will not adversely impact the community. HEALTH AND SAFETY The proposed use of this project will not be detrimental to the health, safety and general welfare of persons residing or working in the area and will not adversely affect other property in the vicinity. BENEFITS TO THE CITY OF CHULA VISTA Enhanced Specialized Mobile Radio (ESMR) provides better quality dispatch service through both its interconnect abilities and digital efficiencies. As discovered in the aftermath of the Northridge earthquake, the wireline telephones had inadequate capacity to serve the emergency crews. Nextel provided radios and service to the Red Cross to assist their operation in sheltering and feeding the families whose homes were damaged. \ . ESMR provides emergency contact to 911; has authorization to provide emergency services during periods in which normal communications facilities are disrupted as a result of hurricane, flood, earthquake or similar disaster; and is authorized to transmit' communications necessary for the implementation of civil defense activities as assigned by local civil defense authorities. c, Nextel Communications , 615 '''o"ay Canyon Road. SUlle , 00, San DlegD, CA 921 DB 619 7' 3.3~JC FAX 6i ~ 7~ 2--3501 ManE; --- --- -- - LETTER OF AUTHORIZATION CA6-433E/-Ba;' HeHln are A??Ll CA TI 0'\ FOR ZONING/USE PERMIT I, James Algert_ owner of the below-described property, do hereby appoint NEXTEL OF C/uJFORNIA, INC., a Delaware corporation, d/b/a Nextel Communications, my agent for the purpose of consummating any building or use permit applications necessary to insure NexLe]' s ability to use the property for the purpose of constructing and operating a communications facility. I understand that this application may be denied, modified or approved with ~onditions and that such conditions or modifications must be complied with prior to issuance of building permits. Property Address: 428 Broadwav. Chula Vista. CA 91910 ~l<:A. \ . Assessor's Parcel Number:.,~ :)k 7-400 _ [3 Signature of Property Representative: -::/"-? f/-. Or Date: :5- z.L" - 9'1) Authorized Agent: Young & Associates, Inc. consultants to Nextel Communications, Inc. ( 0 F plCTS .LLlliODT... NEXffff%: EI'in:A T~CED SPECIALIZED MOBILE Rzwro . - HOW DOES THE ESMR SYSTEM WORK? ESMR technology is based on a grid of hexagons, or cells, that cover specific geographic areas. Each ceil contains a low-powered radio transmitter and control equip men, located in 2 building called a cell site. Tne ceil site is connected by wireline faciiities to a Mobiie Switching Office (MSO), which is connected to the regt,llar land line network through the telephone central office. With iis electronic switchfng capability, the MSO monitors' the mobile units and automatically switches or "hands-off' conversations in progress as the mobile .Jnit moves from one cell ta another. E",c:. cell has '" set of radio frequencies, aiiowing reuse of every channel for many dlffecent simulta:1eausly conversations in the given service area. 1/ - INTERFERENCE Our anteimas operate-in the 800 megahenz band on frequencies designated by the FCC. Only cellular and enhanced specialized mobile radio operate in the band. -;;,ie may ope;-ate only on those frequencies licensed to us. Ne),.1:el's ESlv1R system is "filtered~ at the transmitted output to prevent interference in any other band (i.e. . TV, radio, appliances, etc.): The digital technology that Nextel utilizes is the - "cleanest~ and most interference-free available_ Within the 800MHz band, we operate in the 850-860MHz area. Because it is such lO small band width, there is no inter modulation between the frequencies which would cause interference with other radio users, nor WilD any TV, pacemaker, hearing aid or o~~ appliance. .< /2.. 1 v' ;.!:: j ~ i ',"' @j - " --' ::: UJ - ::> >< ~? UJ => z 2:- Cf) ~ '" Z 0 '" 0 r- ~ ~ ~ '" - () 0 - '" Z '" = ::> '" :E ::l ~ :E '" - - 0 - n. 0: U__ :: Q. Z ..J !" W .:: r- 0 >< ':l '" W '" '" Z .::l '" - '? '" ':l - '" ~ .5 <Il 0; Z '" o o o '" o o ,~ N o o o N o o " o o o 13 o o ~ o , Cellular/Mobile Radio And Our Heaitll - . " A5 with any new p1'lJ?02l that is presented to a community, questions arise regarding how the proposal-. wiu. effect the SL..-rDunding n:sid~ Proposals to build new Cellular/Mobile Radio System faciHti:s., in particular...bavc generated n:q~:::s'..s for informz:ion lo'address the public~s concern for its h:aJth znd safe!)'_ .Tn: following is provided to present th: ~~olic with a f::z."':::l.=work ofinformztion to be us::d wh=n consid:::ring such proposais. Tne~e has bee;; ::m:n research done that concludes clearly that Cellular/Ivlobile Radio systems in the 800. - 900 megaHertz range are safe if operated within the " recommended standards that have been set. The studies conducted on the health :~.effects oflUdio Frequency Energy are numerous; relevant to CellularJM:obile R2dio, and indenendent. These studies leave us with no logical basis on which to "believe the transmission sites are anything but safe. Although the technology itself is new, the concept of radio. signal travelling through sp= is not. CeIluIarJM:obile lUdio simply described, uses a radio signal to allow co=unicatioll. Tnere are multiple low-power base stations wmch receive 2..c"ld transmit ___" this signal and 2llo~.tisers to communicate while on th~ move. " \ \ Questions asked frequently focus on the ':perceived newness" Of the techn~logy and lead those who are urifamiZiar to wonder how the scientific communiJy (:ould draW any useful concZusioT'.s regarding the scifety of these systems. .,,7 ic Tne new technology that has been developed is used to "process" the common radio ~;signal, using spe;:ialized electronic and digital technology. This facilitates more efficient fuse of the radio .c.equencies and allows state-of-the-art capabilities to the user of the system. All: of this "processing" takes place within the eqnipment at the b'!Se s+.ati.ons and within the hands:ets. However, after the information is "proCessed", it is transmitted as a radio signal from antenna to antenna This radio signal transmitting from the antenna is a C?minonradio sign"] , a refinernentof the first wireless developed by Marconi in 190 l. Additionally, the frequencies Used in this system were previously used by UHF Television and sit near AM and FM Radio and UBP television, but operate at much lower power. For instmce,. PM Radio can tranSmit at a power level above 100,000 watts. Mobile Radio is 1000 times less than these commonly accepted uses. . Over 10,000 studies have been conducted by all segments of the interested public over the last 40'years on various forms of radio frequency energy with more than 400 studies having been conducted since 1988. The scientific community speaks through the stanaards it sets. There are several "s+.andard setti".:: committees" which review the myriad of new researc~ completed each y=. The mem:'e~s of these committees are leade~s in their fields and come from incius1..1")', goverr.:nent, academic, and medical communities. Of the members ofthesc I tf committees, ouly about] 0 per:ent are represented by industry. The committees include .~_-:l"rican National Standards Institute (ANSI), Institute of Ekctrical and ;::j"~lronic E"gineers (EEE), National Council of Radiation Protection (NCRP). The fCe is =ently updating their recolIlJIlended exposure limit to the 1992 AN~=:=: standards, ! ne FCC has an extensive public review and comment pro=s which allows !Ill :pornts of ....<iew to be considered prior adop?on of any standard. .L.ciditionally, the State of Massachusetts adopted a microwave health regulation in 1984. ::1e process fa, adoption included public review a11d comment of the data cxzilable. The ,::~sachus"t!S s:.andard of 550 microwatts/cm2 is the most s::-ingent knov.'Il at this time. ,::e Cellular/Mobile Radio system proposed is hundreds oftiines below this regulation. 'vie comply with all Massachusetts Department of Health Regulations that require us to Ele information on each site and demonstrate that we are well below the regulated levels. The Cellular/lv.[obile Radio systerns operate at very low power, generally less than 100 v;aUS per channeL Mobile Radio systems produce energy levels in areas of public exposure, which are usually less than 1 rnicrowatt perc~ sq. This is hundereds of rimes less than the lowest standards that exist anywhere in the world. . .",- To put these S".andaFds in perspective, the mobile ;-;idio.powe, density is gene;-ally less ,:,'n I microwattlcm2. Tnerefore, it\would take more than 500 mobile radio sites in one . . '<i.,,~le location to even meet the standard; lne Radio Frequency Energy produced from mobile radio 'systems is "non-ionizing" v.>irich means that it does not carry enough energy to break chemical or mol~-ular bonds. Repeated exposures to this form of radio frequency energy is not cumulative and despite rep~ted attempts to prove this type of energy ha.-mful, tl1ere is no evidence of effects on n=an health aI tl1e levels allowed by tl1e standards. . . Mobile Radio - Radio Frequency Energy is different than other forms of . . clectromagne.ric energy such as powerlines or x-rays and cannot and should not be compared with these. X-rays for instance, are at extremely higher frequency levels and produce a form of "ionizing" radiation which does effect the chemical bonds of cells. Electric power lines are an extremely low frequency (ELF) and high source of electromagnetic energy. The focus on ELF is primarily because of the high power levels t1:2.t are involved. Potential health effects are a function of botil frequency, power, and distance to exposure. All of tl1ese factors must be considered when reviewing literature 0::1 this issue. Cellular/Mobile Radio is licensed by the Federal Communications Cornrn.is?ion and must comply with tile very strict regulations for operation. !~ , . , r.- ; g,<L ~ - 'tr '"-, '.' ::.::. 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(f) co (j) ro c ro Q) c ~ ::J '- (l) i ........ <( ~ <..) c <( e <l:: 0 ro C'O 0 ro ..Q < C'O (l) fl., C'O C C ~ e '- a r- c c c co c;l e ::J 0 <..) ~ c ..0 (l) OJ- Q.l '- (l) ~ Cf) ~ a co ~ ....... ::J t: ~ c c Cl c ~ <l:: (l) ~ e (j) ~ :::; <<: .:,,;. ~ <( 0 0 0 LL ~ 03 ~') '- > w w I~ ~ co '- m,e T\ @ . l.- C"J c;l ~ '" -:::::;' ro , r:r cr:: (l) ~ '- ~ () 0 ~ ..0 " LL ~ '- ..,-. ~ ~ 0 c CJ Q.l ::) -. ~ lL <{ CL <{ 0 0 - Ii"..- ~ ~~ ,. ~ ~'~. offff.~: .~ :;;;."~,~ . -.. ~. ~~.' . '.tl;S'9',!/, ~~,' '-~~. ~' ;.~;.,~ ~;:!;5 ~~~~~~r~~~~~0':~~:->' <<:'{; LAMINATED WOOD' SYSEMS. INC. z-it~& .~:~~3zi.~th:~oad. ?a: 30x 386. Seward, N=. 68434. 80:-~a<~.526. Fax ..a.::;2-543-4374. e-mail IVls~r.aVJx.net , - E-Lam Laminated Wood Antenna Pole for ,~ 'N extel ICommunications , , Site # CA6423B Fortuna Site 6090 Santo Road San Diego, CA Design Calculations (4 Pages + Cover Sheet) Pole Class = 3S-40-780TR September 21, 1998 17 ~Gl~~ . EngirntereO Ground/if'll! Reinforcing Prcdu:::1$ E-LAM' PHASERA!SER~ Enginee~d LII."'_J~ Wood Producl$ R..wng SlrUcturm:... _ He'9nlS c. :';'1 ">, 1 c .' c ... ;1 ClWS 9/9! , ., . . :0 (; N::"." Surrac. to b. textured wit" -Palm Tr..- pattern from ground/in. up ~S...O: 17 1/2" f I u E " r! Ji I t I I I I - AM!3~=I?~~ Ar:f;: Antenna Mounting -'r:3:k., I PLAN ~S-"O-780TR c-Lam Lamina/lilt:! Pa/~ Shown /15 j/.I!.xi.r-;7 1/2xS";-'OI ,,1" Ii 17 1/2" - - NO. I REVISION A::AD Ow:.. ~ NEu36AT .J:, . 59f1 i g +Foundafion illl i 0.,011 , :::: : ~ 16' 1/4- - >- 5;':71/4- Seua,...." PVC f'la~fic' Tubll F.C1cllway ~.- ",cO" aia. \". . Augflrt,a He/e .,., I=a,s.d on F:;Ji.d with GflolBchnical Can::rB'. lf9,oort/ ''"Ii ;, " f II c .' ... - ,=oundation Detail .J.X;ae "NEX-OO-":J.05Ar AnfBnna Structure Next.; CammUntcaflon~. Inc. /? La.n:>inated Wood Systems, Inc. E - LAM DRAWH I D.~icky p.o. BOx 386. SEWAFm. Nf" 65434 NEX" 00",;'. OtiA 1 "'''' OK. 1-8D0-94s-EL.N.l "'''' /;-21." low::. HO. 1 Cal:::dations f::>r: 40'-0" AGL Laminated Wood Antenna Pole - Pole Class - 3S-40-780TR Site #: CA6423B (F::>rtuna) Addrs;;: 6090 S=.D.t::> R::>ad. San Diego. CA Pole Parameters /Wind Pressure Width = 16.25 in. ' . . 40 !,AGL Hel,,~ (ft.) = Tc~ :Jepth = 14 in. , l'3asic Wind Speed (MPH) M= 80 So~ :Jepth = I' 17.5 in. t? = Ce x Cq x qs x Iw (U.S.C. Eqn. 18-1) AGL Height = 40 ft. ~Ce = 1.31 (U.S.C. Table 16-G) Wood ~oies = Co2S"lal Douglas Fir r' 1.4 (U.S.C. Table 16-H) s (p.s.f.)= 16.4 (U.S.C. Table 16-i') Iw= 1.0 (U.S.C. Table 16-1<) I I Surface Areas (Sq. Ft.) Ant. Lo::ation 1 (Transverse) = 35.0 rt. LO.';,ation 3 (Transverse) = 0.0 Ant. Lo:ation 1 (Longitudihal) = 35.0 ' nt. Location 3 (Long.) = 0.0 Ant Lo::ation 2 (Transverse) = \32.4 ~nt Location 4 (Transverse) = 0.0 \ , Ant Lo:ation 2 (Longitudinal) = 32.4 'Ant. Location 4 (Long.) = 0.0 Pole (Trans.) = 54.2 ! Pole (Lon;.) = 52.5 Wind Loads (Ibs.) Ant. Lo:ation 1 (Transverse) = 1,052.7 Ant. Location 3 (Transverse) = 0.0 Ant Lo::ation 1 (Longitudinal) = 1,052.7 'Ant Location 3 (Long.) = 0.0 Resultant Location (ft)= 40.0 Resultant Location (ft)= 0.0 Ant Lo:;2tion 2 (Transverse) = 974.5 rnt. Location 4 (Transverse) = 0.0 Ant Lo:ation 2 (Longitudinal) = 974.5 Ant. Location 4 (Long.). = 0.0 Resultant Location (ft.)= 37.0 .Resultant Location (ft)= 0.0 Pole (Trans.) = . 1,629.2 IPo,e (Long.) = 1,579.1 Resultant Location (ft.)= 20.0 . Resultant Location (ft.)= 19.3 /9 21-Sep-98 2 Groundiine Moments (ft.-Ibs.) Ant Lo:ation 1 (T raIlSVerse) = 42,lOS.6 IAnt Location 3 (Transverse) = 0.0 Ant Lo:ation 1 (Longit1JdinaJ) = 42,lOS.6 Ant Location 3 (lOnQl'tudinal) = 0.0 Ant Lo:ation 2 (Transverse) = 36,057.0 t:: Location 4 (Transverse) = 0.0 Ant Lo:ation 2 (Longit1JdinaJ) = 36,057.0 . IAnt Location 4 (Longitudinal) = 0.0 I Pole (Trans.) = 32.5a4.1 ~?ole (Long.) = 30,411.8 Total Trans. G.LM. = 110,750 II Total La:'!;. G.LM. = lOS,Si7 r Maximum Bending Stress Maximum Allowable Bencling Stress = Fb x K x C Fbx= 2400 p.s.L Fby= 2400 p.s.i. (Validated by Full-Scale Test Data) K= 2.7 (1994 USDA Forest Service Report p. 645 (Avg.)) C= 0.55 (?rodu::t of End Use Fa.."1:ors (Ct, Cv, CI, & Cm)) Maximum Allowable Stres:s.(Trans.) = 4,212 p.s.L Maximum Allowable Stress lLo~g.) = 4,212 p.s.i. . .~,. Calculated Bending Stresses ' , Transverse longitudinal S(in.^3)= 817.1 IS (in. ^3) = 743.9 G.LM. (ft-Ibs.) = 110,T::>O IG.LM. (ft-Ibs.) = lOS,Si7 I Max. Calc. Bend. Stress (p.s.i.) = 1,625 1Max.. Calc. Bencl. Stress (p.s.i.) = 1,751 - 1.625 < 4.212 I 1,751 < 4.212 2-D 21'Sep-98 3 Embedment Recommendation (per Geotechnical Report & U.B.C. Eqn. 6-1 Allow. i':>und. Pres. at 113 Depth =. 1,400 p.s.f. (Sept. 13, 1998 Soils Report & 1994 U.B.C.) _ Resuhz:."lt Laad (P) = 3,e56 Ibs. Resultant Lac. (h) = 30.29 ft. FounCation Diameter = 4.0 ft. Foun:anon Depth = 14.0 ft. d = Mi".. :lepth per U.5.C. =qn. &-1 A = 1.53 d = 7.9 ft. Therefore, the actual embedment depth of 14.0 feet exceeds the minimum embe:iment depth of 7.9 feet as calculated per U.B.C. Eqn. &-1. -'?" ?( ?1_c...~ NEXTEL I I ! , IvHIO-",~ i:.. .i>J-U 1:,1,) ...,,-,cVj.ll~,J EAST ElEVATION - ~ .,~':..~~{-....~. Existing Conditions, , PROPOSED NEXTEL MONOPALM AND ANTENNAS WITHIN PALM FRONDS. ....~ "",';~""'" .- :~~~~~1f~~- Proposed NEXTEL Antenna Design ~L 'f Attachment CAb-433E-~ PHOTOGRAPHS I ~ PHOT(f#'j'" LOOKING-N'ORTHcTOW ARJj SITEC \ \', ~.~-,>-,.~.., ~~.,,-___..... 'CT "., -';"'~",,"-,-----~- -- PHOTO # 2 - LOOKING SOUTH TOWARD SITE '2-5 '-' PHOTO # 3 - LOOKING WEST TOWARD SITE ~~._;-'-.' ,. J-"'- ., , --i!:::;~- . -- ~~.;:',~~';;-~~:'-:5< -. _ -~ ~- .~~ +- _.:,?~ :,.':_--~~"---_-:-....-=--..;;z;:.;. - _.~-- """---~-.: . -~..,_.:r. ~ - '-.- - . ----::..~ ~-:--":"'-'. PHOTO ;;- 4 - LOOKING EAST TOWARD SITE 2..'1 ,,':";c,.-, -~. ~ ~ PHOT()'tfs.;;....LOOKlNG NORTH FROM SITE . \ \ PHOTO # 6 - LOOKING SOUTH FROM SITE --- "2'" ~ --' ..'- ... ~- ;.;~~.......;.:-~' :'-"-:~. ."-. . -....... . .-. '. -.." PHOTO #:7- LOOKING WEST FROM SITE \ , .""~ .~.."; ,~; ~ PHOTO # 8 - LOOKING EAST FROM SITE 2-~ !'; ~: ?t. ~ tti ~ O:;~ ~. ~ ;;z.:- ~ ~..: - F- ~- I 1-0. .' ~.' ;::;.".: ~ IF ~ i JF ~ ~ I ~" o.E & I ~ IE! -~ .., I;b I ~ ~ ~: ~- ...~ ~~ ~. i i i ~ ( .eo ~ t:,_ ~ $i ~ ~ NeXi~1 Communicatb:"ls 5iS~ C,::>ley Drive. 5:= ", DD, San Die~:. er-. 92,11 5' = S5:-~20D FAY. S" = S5D.~2G2 NEXrr=- . _ "-- - -- -~-.' --- '"' I h''].. . "" 8 "., ..:......:..r ...., , . ,. . .- - .J. ~ovember 20,1998 Sent Via Facsimile and US Mail \1ac"ia Muen Project Planner ?lanning D::pac-nnent City of Chula VlSta 276 Fourth Avenue Cnula Vista, ell. 91910 S ubj ecr: Additional1nformation for Ne},,"ters Broadwzy Site :Jear Mac"ia: ~~. .^-.5 you requ....,,-red I have explored the possibility or collocaTiT1~ Ne},,1:el' 5 proposed facility on the existing Airtouch monopole~eirr>the intersection of Broadway and H Street Speciiically, you v..'aIlted to know if it is possible to collocate above the existing Airtouch antennas by ext..'"Ilding ,the pole to acco=odate Ne},,1:eI' s irnr=n~<. This concept is not IezSible due to the fact that itwould result in an additional cost of at least 5;50,000. The reason for the excessive cost is that neither the existing pole foundation nor the pole itself can structurally acco=odate the additional 20 feet of pole, the antennas and antenna S'..'Pport stru..urre that would need to be added. Since the existing monopole is insufficient for collocation a new 80-foot monopole and demolition or the existing tower would be required. The existing Airtouch panel irltennas, antenna support structure, and coax cables would all have to be relocated to the new monopole. NeA1:e1 would not be 'opposed to collocation ifit could be ==odated on the existing pole where costs would be significantly less. Tnis is not f=1>le, however, since Ne},,1:e1 would have to place its antennas below the existing }illtouch antennas. As I hitve shown by the drive test plots that I provided you with, the lower height Will not permit Ne},,1:el to fulfill its radio signal coverage needs. Please contact me m 650-4238 if you have any questions. S#lZ U 1k Brunette Zoning Project Manager ~7 Attachment .~ I '-. ..",..; ~. ~~ i! tF ;::~_.. ~,.. ~; I 5' """ ~ ~- I NeX1el Communications 57~~ :::>iey Drive. S::: iO~. San DI:::;J:l. St. :::2~~1 0': 03:...(2DO ;:/-,X 0'" 05D,~2~2 NEXTr=. .. . '"-. . -. !! .!::=~. . - December 2, j 998 \1ZJ.-:ia Muet! ~. oject Pl=e~ :>'anmn' 0 D--~ont -.. :> ...:".:::..tl...Ll.l... City of Chill.? Vista 276 Fourth J:.venue Cnula Vista, ell. 91910 Subject: Monopole Specifications for NeALel's Broadway Site Dear Maria: I am provirij,,: you with specifications for both a 60 and 80 foot monopole, P..s you will see in the o/--iiicarions the pole diameter, and the depth and diameter of the pole foundation are larger for an 80 foot ~onopole. Tills means that the existing 60-foot Jilltouch monopole cannot acco=od.3.re a 20-foot extension for the placement of NeA'teI's antennas above the existing Airtouch antennas. Tne only way this wonld be feasible is to =ove the existing pole and replace it with '0. new 80-foot monopole, which has been de~.gned to acco=odate the additional antennas at a greater height Please contact me at 650-4238 if you have any questions. /JP" / d '/ ~Ad- fi-/A Mark Brunene ZOning Project Manager .<f ~ V"LMONT MICROPL&CT 1212J36 . - ENGINEERING DATA VALMONT QUOTATION. 1) STRUCTURE DESIGN CONFORMS TO EJA/Tlh-222-F IN::LUDING: HIGH WIND WITH 90 MPH BASIC VELOCIlY n.9 MPH WIND WITH 0.5 INCH RADIAL ICE 50 MPH WIND WITH NO ICE FOR TWIST AND SWAY 2) FEEDUNES ARE ASSUMED TO BE PLACED INTERIOR TO THE POLE. 3) LOADING AS FOLLOWS: SO' POLE 1 - Lightning Rod. 7' @ SO.O' 12 - D3844@57.o' 1 - Platform, Valmon! w/rail, i3A2' @ 57.0' 12 - DB844 @ 40.0' . ~" 1 - Platform. Valmont w/rail, 13.<:2' @ 40.0' , . \ \ 13RILLED PIER ESTIMATE PER EIA 'NORMAL' SOILS SO 31.S1 12.24 9.74 5132 NUMBER OF A.B.'s: DIA. OF A.B.'s(IN): LENGTH OF A.B.'s(IN): PROJECTION LENGTH(IN): TEMPLATE OD(lN): 4 U5 105.00 =.50 POLE HEIGHT(Fi"): BOLT CIRCLE(IN): BASE VERTICAL{K): BASE SHEAR(K): BASE MOMENT(IN-K): :?5.~ 1 PIER DIAM: I :R(FT): 3.80 USE <:.00 PIER DEPTH(Ld) = 2.0" SHEAR/4.5"D1A. -+ 2(SHEAR^2140.5'DIA.^2" SHEARI3.. MOMI12.4.5'DIA.)^112 = 13.0 SUMMARY: DIAMe' ER DEPTH = LENGTH = CONCR: I : VOLUME = 4.0 F::T .. 13.0 F=ET 13.5 F::T S,3 CUBIC YARD~ :2..1 r ,Valmont - Microf/ect ent::tioeeriogl Form #SD~3r' "98) n~T~n I I! ! III I I' I , , - l-lJ:Ql:;""O "'1_ -1llnlt\:, ~;;; :gl-:J"'/l!l :g ~ ~I"'I=I' I-ItD -_I :\IN W...I X- , , II ! . i I I, I I' , ' . I i I i ! I , i , : III W c: ::> ~ '" W U. w Ir f:1w W ~r~:1 i;:: ~~;:!I~ !~ ll.ll.. Gi,g::-- ow "' c Ul r~ 1=__ '...J Lnln =/:;) ~ ~j ,~6 ~I;:~ "r~,~_. ' ';j '-'-'u.sZTJ _ I;~ ~ ~ : d~ U>I.J~ l::l !-ll-l> I~ _ := C!~~:i~ z '~',wow ~;~ ...[< :1:%5:3)- ci~~ 1~'c5 2~ t!)~ ~~ X '.-'/. oow;;::;) 1~(J 3 3 ~ @~I~ ~I~~'" ~ '" o,~!"! :;[ c. c. 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OF A.B.'s(JN): 2.25 SASEVERTICAL(K): 14.46 LENGTH OF AB.'s(IN): B~.OO BASE SHEAR(K): 12.52 PRQ.ECTlON LENGTrl(IN): 9.00 BASE MOMENT(JN-K): 8503 TEMPLATE OD(IN): 40.5<\ PER DIAMt: I :::RfT): ~.25 US: 4.50 PER DEPTH(Ld) = 2.0 + SHEAR/4SDIA. + 2(SHEAR^2140.5"D1A ^2 + SHEAR/3 + MOM/12'4.5"OIA)^112 ::; 15.3 SUMMARY: DlAM::: I loR DEPTH = LENGTH = CONCR:TE VOLUME = 4.5 FE:T 15.2 FE:T "15.7 FEET 9.3 CUBIC YARDS 32- r YalmCtl7.t - Microf/ect Engineet:'ll'I.H i Fonn #308B(11I9B) JIG?;. fJ . .,.... II L :?i;i;::~ ;.C; ;I~ RI C)I.' ~1'J ICl:" N N ""11::) ~ I I .. 't!d"'n, "''''I ; I; II i I i j I' ! 17TTI r II: , I' i II w .! '" ~ ,.....;-.. ~ "''' ~ ,,,..... E.....::J "Cl'1,....:.. ~Ulgjffi.W OU'll-l_ N~~~~ I-I!<:- II U'lIl....;.1 . (f)lJ.ll1lC.~K Ul-1UJ1U.....~ ~ad'd=~ ::r;::):==u.: wo 00i_ ~::i:;:'>S,1 t-~<'-' !:J c ._< l1JU!D:5~l- ~'-c:::'-l ...JSZ;l;Z. c..c..<i:~D lli~zxxCZ: ..<<tw<< tnCD~>~Z 5. . '" Z-Nmoo::-t:l II 1'....1 ,.. 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Omfl')IO ~--I .>4', ~ ~ ~ 00 " ,,; :33 " "' , , n n o , . :.::i ::;'"l .:i ::: = ~::: , - :0 n;: DO riZ nUl ., w ,i ,2- :It;: , j! ~ tIl "U: '.. ,. , - , = , - , ~ '" :z 2.... 'ID DO . "" ,rr _w 'c -"" , 'Ul '''' _Z .... ..::=! iC "' "' .; i ( 8 ~ " " ~ w u .... 0' Ul ~ ffi ill => .~. , , -3f - 'I D ,I' ~ I I , , I~ 1< "" ~ ;'''' "'"' 0" ," "'- JP! SJ I ;;,tf'j ;0,.1 ~. '" tn ",,- -,.... ~. -.J I~~ I~Q: I""" 9.... ..~ =l~ ~,,,, 1~171'~ .....UlU) 'v ~I'i. - ."" ~N<I"f 00 680Q 1-tc..lOctI ~~~:i ~ B~r... '""1m~l~ ~;:jrolro I- o " W "" tf)Z:oo I- . . 15"'0 ...J _I ~J "'... ...... 1:0 I~r I :iAf. g -::'; 1/' I i!li [t i1i E~ ~: Tort' ." '" ~ 5' g;I :;::;: ~ I l5' Nert~1 Communicatbns 57:'1 C:J;>ley Drive. 5:: 'iOa, San Die2:J. CA 92iil 61 S 05:;-4200 FAX 0'. S S5D-4202 NEXT~;; . - -- - ...-- !! !::=~ - October 19, ; 998 ~'~2:-ia 1\1u:::: ?roject Plz=:~ ::>'o~~;~a D-o~~nt _ J.MJ...L.l.l..,l.J,..1:;, _~"""'L..I..U... City of Cnu2. Vi.:.-ra 276 Fourth f.v::nue Cnula Vi~.E, CA 9191 0 Subject: Additional Information for Nene]' s Broadwzy Site ~ear Mariz: I 2Ill provi~g YDU 'witb the information you requested Jc;;.the above referenced site. :=.uclosed \lID this letter are the folilowing: \ , L A description oftbe other sites that NeJ."tel considered to provide coverage in the general area ofH street and Interstate 5 A map of Ne1."teJ's coverage objective _. Plots of the d..-ive test results showing tbe amount of coverage that is achieved at an ant=a ~~ghl of 45,50, and 60 feet at tbe project site HandOlE describing the technology that Nextel uses and the amount of RF rarnation that is eI:Iined Slides of me project site and tbe existing NeJ."tel monopalm in Spring Valley 1 <: Themanufa..-nrrer of the monopalm does not have a brochure; however, tbe structural calculation information that I provided to you describes how the monopalm is constructed. Please contact me at 650-4238 if you have any questions. ~,f~ Zoning Proje:r Manager -3S-- Attachment b List of Sites that were considered for "extel's Broadway Location: Site Location L 2. Chula Vista Mall (555 Broadway) Airtouch Monopole (H & Broadway) Scripps Memorial Hospital (436 H S1.) Travel Lodge (394 Broadway) Allstate Building (549 H S1.) Alg::rt Engineering (428 Broadway) Bay Medical Plaza (450 4th Ave.) Early California Motel (692 H St.) , .). A ..,. 5. 6. 8. \ \ , Reason Site ~las Not Selected landlord wouldn"tprovide access Pole not high enough too far east ofI-5 landlord not interested Building not high enough Building not high enough too far e25t ofI - 5 landlord not interested .~. 3& C-433 BAY BLVD. COVERAGE OBJECTIVE ~~\;'\u:.--I-\,.~.::=:,. - -~~~'"\.....~.~~ _.....: .~ j ~ \y-.-~ltR ~ . ~ ..--~~ fcr;11~__~:;-1 ~ ~~\~ ~Mn>IIID-. _ '~. .: 'I~_~~~ -- -l; ~:'\'>'~Lf'(~.-'-. :":.~ ~ ~.~ ;i!P.<,): ~o;t."'f..;;.."""""" '.: J - --..,:: ';)~-.'i:;;~"'\'" , _ -. 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';i~;I~\~ Ii '" .. '~I '..' ~-...I"~ c"~-~~~~..:.:,;~~ " .' -' ,:, ,'.' , ..--- ~'''',-'i : T ~. :.: '.' I;t;,.. ~'--;,-"*;I;:.'I'~ ..~ · f'5 :""-"...>-l ~ : . I \ I I ..' >,/ .' ;~.<.. g . '<4-,~,1.,'~\~r",-,,,,,.. ~ ..-;:.... "':'. ,... ' '~ _ c-f ...... '.. . ..' , :::~. ;';;'':; ~.: .''''''..:4~~~'.'.;': .... <~l.v~ I~ ~j~, !..,IJ.~,' .......&j.~'~~.:. ~~~~i;:.~~~~..\~j" ~1~~~~c~c~~~~>~_~~=t~, --,I.....~":,~\\ ;"%l'8~'" r.1~YJ'.~,~ I I~ ',;,.;.j"'l!'~~ ., 'l=~ gg].:...~1~'~ .: .~ . -". . -. .,.;~.:~" -,,~ ...#U"" - 'r-' r'~~ ~-.m.-'''' .~,.....- ._., _:\...::i ._~UII _~"i~' ~.:.:::;~-:"'" ~~-..... ~... -~!!.!':""'~''; ~\-~~~...I- :;;:0" ~ ~':1~" ... I.,:., ..:~ '~'''l''-:i..r~~ =:r~- :. ." ... ",,1 . . ..~ .. C-433 BAY BLVD. OBJECTIVE MAP 37 DATE: 11/20/97 : .;p ..~ ,,- > .... ;!; Q) Q) , ~. - " ~ L'? ;:; ~ ~ ;? i -, ~ j-' ~ . I ":" ~ ~ r: E5.~ J = -. ~ ,E ~ ~ - ;S , v, ~ .~:.: 7- ~::_::~_~~~-_/ $~_ -:~:.....:. '" ..- ?= L') :::1 -I " -0 > m >- ::> III I .., .., ..- ../..'~ f' ... \\\ ~;::~~--" ~*~..~'" ~,~~~-,-:~'~~~..' .-' I ~-;;;I~ ~- '"t~~~~ ~ ~'ct7 ~:1!; '''. , .' ' I .. -~ :~ ! I :::; (jf) 1\\ _..~ I \. l:~ " 1 \.--___ ",ct:)_ '-- f" ! ~. --~; .~ --., :::....... 1__\ V \ U~/ .. ,.' r'! ~( i -~. '-, j 'X"-, "\,,:- ,., I .~ . - ''I '-. _..~ / "'j 1 -i' .\ b :39 ! !.--- l~~ ______ '. ; -' -' .--, , -i- - Attachment 1 , -. = :0 .~. ::; ~ - == - ! ::; OJ Cll .. ~: =' - ::< - 0 r. .,.. :0 -. ;; ~ L,) ~ ~-' ":'"~ g ~~.~ ..._;.' .;:; :0 ~ ~ ~ r~-; !:~""'~-:'.;.::.-;:...., ~~;..""~ o '" p "'" > m "- " [D I ,., ,., ..,. -;"~ " ~-' \'- i ~ -~., . ::":-.. '-..~} .....l " ......../ '" , " '3; I .--\ t~~/ . V.' ~/ ! - " ..- .- ..- ". -' \: r , ( ,,----::; ,',.. -. --~- ..- ..' -~--..- . - "----"---",,._-- , I I ~ -I i I I , , - ~ .... "" '" CD .gg 1 CD ;;~ - ~ '"' ,- 0 :'-" .;J CD ~ ~I 0' - ~ - ;::: L ~ '" ~ "- ""'-" - sa l ~~ ':l 9 ~- ~ ~~ ~ "" CS ~ .- :-~, ;,..,,-.':::-'c..-. =" _."-=. ~~~~\=-:.~- --- - -~.~......... -. --..""'...--:- - >.---- ~ - .... -.' ---., -, :.., -;.;..~- t,~ ~ ;f" .;.'-:- .: _ ;:" ~..:....- ~. . ;":'c-~-; ~ .~ i' I..~ h"'-'~ ':,.-__~ ;(:'::;;: ~-- --, .. =:-i :..... ...- ._. --:= !~.../-.;;o. ..e.. ... r. ..~ - 0 '" . " <> '" -,; c r::: -0 ." > ffi '" c to I ., ., ..,. I'; ~i '--= ~ ;:NIl 'f=i~ ~ ~...... ~, L--'~I 'L"ii~ : ',!"..:.:::--::::.-:-- " . I" ,_. ;:s- i ~ t '" "" ---+ ",-, 1HE ,-Y OF a-nJlA VISTA DISa.DSURE. ATEMENT You arc requir~ to fiie a Slatement of Disclosure of cenain ownership or financial intercsts, payments, or campaign contri!">uli"ns, On all malic:> which will require discretionary action on the pan of the City Council, Planning Commission, and all Olher ofii::ial tlodi::s. Tne followmg mformation must be disclos~: L List the names of .all persons having a financial interest jn the propeny which is the .subject of the application or the contract, e.g.., owner, applicant, contractor, subcontractor, material supplier. ~Lt.,~..R-( ~~_'>C.\'~L.- C ~f('\\,)N\~\l..S ~J"\')~c:' 1. ~.o<:,<;n(.,){:>.."\~< ::St:>.r-ro=<, - 2. If any person" identified pursuant 10 (1) atlove is a corporation or pannership, list the names of all individuals owning more than] 0% of the shares m the corporation or ov.nmg any pannership intercst in the partnership. :\~<;:~ "bN(~~~o;.\(~ 9,/ ~5~.\~ S , \\\\N'DJ, ~)rl<!..N~p-. "lcv.ob ~ ~S~""""A"f"'s. , 3. If any pet5on' identified pursuant to (I) above is non-profit organization or a trust. list the names of any person scJ'.ing as director of the non-profit organization or as trustee or beneficiary or trustor of the trusL . , 4. Have you had more than S250 worth of tlusiness transacted with any member of Ihe City staff, Boards, Commissions, Commiuees, and Council within the past twelve months? Yes_ No~ If yes, please indicate pet5on(s): 5. Please identify each and every person, including any agents, employ=, consultants, or independent contractors who you have assigned 10 rcprescnl you before the City in this mauer. \V'\{)rQll... ~~~\\~ \'J\ \ \o.Jf'l~ ~(;' \.\ULN1O:/Z 6. Have you and/or your officers or agenL~, in the aggxte, contritluted more than 5],000 to a Councilmemtler in the current or preceding election period? Ycs_ No If yes, state which Councilmember(s): Date: ~;j~h~ . . " (NOTE: Attadl additional pap asz;; Lfi- . Signalure of contraClortapplicant MA~ Do ftv~-m;. Print or type name of contractor/applicant v( . Penon is d..:iud as: "An)' uuii~~l,finr.. CO-po.lT1lcmup, jow 1o'O'JJW"e, anocuuiorl. sociDJ cblb,jrQlCnUJ/ orgallWuion. corporaJiorl, auw;, rrw:... rera~. syruiiclUt., this mod "'9' oWr cow")', city m'" cow"')'. coy "",,"cl.o/JlUy, dUrria, "' ou.er poiWcQI .lUbdivis~ 11'13:c1i merii r ~V' ~. January 13, 1999 ITEM #20 1/19/99 AGENDA MEMORANDUM TO: Honorable Mayor and City Council L C\ I Dave Rowlands, City Manager 1) R, ~ ~~ Bob Leiter, Director of Planning and Building, .~ VIA: FROM: SUBJECT: Continuance of Public Hearing - PCM-95-01B - Resolution Amending the Otay Ranch SPA One Public Facilities Financing Plan to Expedite Olympic Parkway Construction Staff requests that this item be continued to the City Council meeting of February 16. 1999, to allow staff to continue negotiations with the project applicants regarding the issues addressed in this amendment. (H : \shared\planning\PFFPcont) :20 --/ ITEM TITLE: Item: 2L Meeting Date: 1/19/99 Resolution ) 9 Y 1~prOVing in-Concept the Changes Resulting in a Future Cost Increase for the Construction of Fire Station #4 and the Fire Training Classroom; Approving the Second Amendment to the Contractual Agreement with Jeff Katz Architecture for Architectural Services Associated with the Design and Construction of Fire Station #4 and the Fire Training Classroom; and Appropriating Funds therefor. COUNCIL AGENDA STATEMENT SUBMITTED BY: Fire Chief 9Ur r1'/!I// Director of PI~nning and Bfidin /WL REVIEWED BY: City Manage~ ~~~ (4/5ths Vote: Yes ~No_) Council-approved CIP Projects PS-120 and 1J-127 provide for the construction of the new Fire Station #4 and the Fire Training Classroom at the Fire Training Tower site in the Rancho del Rey development. The firm of Jeff Katz Architecture has been hired to provide the architectural services for the fire station and the training classroom. Subsequent review of the Project's initial design by the City's Design Review Committee has necessitated changes to the Project which will increase the construction costs and are beyond the scope of the current agreement with the architect. In addition, changes over the past year in the cost of materials and labor, and further refinement of the building design, also contribute to increased project cost estimates. Therefore, it is necessary at this time to conceptually approve the Project's revised scope and estimated budget, and amend the Architect's agreement to complete the necessary work. Staff will return with a funding recommendation for the construction cost changes when their specific impact is known. RECOMMENDATION: That Council: (1.) Approve in-concept the changes required by the Design Review Committee which will result in a future cost increase for the construction of the fire station and training classroom; (2.) Adopt the resolution approving the Second Amendment to the Agreement with Jeff Katz Architecture to provide for additional architectural services for the concurrent design of Fire Station #4 and the Fire Training Classroom; (3.) Appropriate $1,048 to PS127 and $19,840 to PS120 from the Fire DIF; and (4.) Appropriate $1,112 to PS127 based upon unanticipated revenue from the Public Facilities DIF (Fire component) for City DIF credits which have not yet been taken. BOARDS/COMMISSIONS RECOMMENDATION: In accordance with established policy, an application was submitted to the Design Review Committee for site plan and architectural approval for the fire station and training classroom. Following review of the final design at the meeting of December 7, 1998, the DRC approved the architect's design which incorporated DRC-required elements. These elements affect the project's budget and are discussed below. The DRC feels that the changes required will result in enhancements to the complex's appearance and compatibility with the design level of the neighboring buildings. ;2; - / Meeting Date: 1/19/99 Page: 2. DISCUSSION: Backaround Capital Improvement Project #PS-120 provides for the relocation and construction of Fire Station #4 from its current location at 861 Otay Lakes Road to the Fire Training Tower site at the corner of East 'H' Street and Paseo Ranchero in the Rancho del Rey development. On March 25, 1997, the City Council approved an agreement with Jeff Katz Architecture for $52,000 (Resolution 18607) to provide architectural services for the design and construction phases of the 4,000 square-foot fire station. On February 10,1998, the City Council approved an amendment to the architect's agreement for $23,000 (Resolution 18883) to expand the scope of work to include design of the Fire Training Classroom concurrently with the Fire Station design. Proiect Fundina Historv Unfortunately, this project has been under-funded from its beginning. The funding estimate for the construction of the Fire Station was originally based on a negotiated figure for the amount of funds McMillin was required to advance the City. At $100 per square-foot, this figure significantly constrained design plans at a time when construction costs were being realized at approximately $150 per-foot (discussed further below). Although Staff and the Architect diligently labored to deliver a fully-functional fire training complex on-time and within budget, hindsight reveals that much earlier-on in the planning process, a larger budget for the facility should have been pursued. Continuing to try to fit a "square peg in a round hole" limited the project's ability to meet changes in the bid/construction climate and limited the incorporation of architectural features which serve to complement the neighboring buildings in Rancho del Rey. Subsequent CIP approvals for this project amended the project budget to a modest degree, and the architect was directed to craft a design which fit within the funding availability. Desian Review Process Following preliminary design review at the staff level, the project design was initially submitted to the Design Review Committee (DRC) for architectural review. On July 1,1998, the DRC conditioned its approval of the project design on the following changes: . a heavy timber trellis tying the living quarters, classroom and apparatus room; . increased roof height in both the classroom and apparatus room; . extension of the apparatus room to provide a trellis terminus; . additional building and landscape screening of the patio area. The project was then submitted to the Council for review on October 6, 1998, at which time the Council's primary concern was the fiscal impact of the proposal. Without taking specific action on the proposal, Council directed Staff to work with the DRC in order to reduce costs while maintaining the project's design quality. The minutes of the October 6 meeting are attached. Fire Department and Planning Division design review staff worked with the architect to clarify how the design quality could be maintained while minimizing cost-prohibitive elements. It was determined that the trellis could be terminated other than into the extended apparatus room, allowing that portion of the structure to be reduced in area. It was also decided that a relatively minor adjustment in roof heights would allow a significant reduction in cost. Along with some other changes which staff felt would more significantly affect cost than overall design quality, the plans were finally presented to the Design Review c2/-.2 Meeting Date: 1/19/99 Page: 3. Committee on December 7,1998. At that time, the final cost estimate showed a reduction of $130,000 from that previously proposed ($1,Oaq550), resulting in a revised construction cost estimate of $950,550. At its meeting on December 7, 1998, the ORC agreed that the new changes now proposed for the fire station and training classroom were essentially in accordance with the ORC's original design enhancement recommendations. Following some discussion of the specific redesigned elements, the Committee reached the final decision that the changes appeared minor and therefore did not alter their previous approval of the project. The final design submitted to the Council appears, therefore, very similar to the design previously presented. The specific changes proposed to the previously-presented project, while making a significant change in the cost of the proposal, do not negatively affect the building design. Attached for comparison purposes are architectural drawings of the first ORC-approved design from September, 1998, and of the current design as proposed and approved by the DRC at this time. Construction Cost Impacts The Architect has provided an estimate for the cost of construction of the re-designed fire station and training classroom, taking into account changes in the cost of materials and labor since the last preliminary estimate was calculated, as well as the cost of the DRC-required changes to the buildings. The estimate suggests that the project construction cost total, as estimated in the current CIP, could be bid to cost $950,550. This estimate is a reduction of $130,000 from the last Council review of the changes. To put these figures in perspective, fire station construction costs in San Diego County, Orange County and LA County currently range from $165 per square-foot to $190 per square-foot. Construction costs for fire stations built in San Diego county average $175 per square-foot. These costs include hard construction costs only; no site acquisition costs or grading costs are included. The total square-footage of the fire station and training classroom is estimated at 5,880, resulting in a per-square-foot cost of approximately $161. This demonstrates that even with the addition of these items to the project, the resultant relative cost is still low in comparison to other fire stations built in the region. As the above-referenced construction cost figures for Fire Station #4 and the Training Classroom represent the architect's estimates at this time and not actual bid costs, it is recommended that Council not appropriate additional funds for the construction portion of this project until after the specific bids are known and the contract is awarded (projected for July, 1999). Design Cost Impacts In order for the design work on the project to proceed, however, additional drafting and design work is required of the architect which is beyond the scope of the current agreement for services. As a generally accepted practice, architects' fees are set as a percentage of the total estimated construction cost. Typically, for large projects, this percentage ranges from 9% to 11 % depending upon project scope, complexity, and other factors. Following discussion at length between Staff and the Architect on the additional work required to fully implement the changes recommended by the DRC, the architect's fees for the additional work have been eJl- ;1 Meeting Date: 1/19/99 Page: 4. negotiated at $20,000. This equates to 10.3% for the project as a whole - consistent with large project norms. For your information, the negotiated agreement also contains a minor change in the hourly rate for future additional services if needed for the Principal Architect and his consultants. Desian Cost Continaencv Funds: In the original appropriation for design services for only the Fire Station, $3,000 was appropriated for contingencies. When the design of the Training Classroom was added, no additional contingency funds were allotted. In view of the fact that the scope of the project has increased significantly with the addition of the Training Classroom and the design changes, and in view of the fact that the need for contingency funds typically arises in the Construction Administration (building) Phase of the project, it is recommended that some additional contingency funds be appropriated. In order to bring the contingency level up to 5%, $2,000 would need to be added to the reserve. Trainina Classroom Citv Share Fundina Source: As stated above, the design changes to the total proiect (fire station and classroom) are estimated to cost $140,000 (construction/contingency) + $22,000 (design/contingency) for a total of $162,000. The cost will be borne by the Public Facilities DIF (PFDIF) and by the City.1 The City cost share for the total proiect is projected to be $139,441. The City cost share of the additional Training Classroom design and construction costs are proposed to be funded from PFDIF(Fire Component) Credits owed to the City2 As a component of the above, the design changes to the Trainina Classroom (inclusive of additional design costs) will result in an estimated increase in cost of $15,000 (construction) + $2,160 (design/contingency) = $17,160. The Citv share of the additional desian cost. which is the subiect of this Council action is $1.112. FISCAL IMPACT: The specific fiscal impact of this action at this time is $22,000 for amending the scope of the agreement with Jeff Katz Architecture for additional architectural services. This, and the ultimate related fiscal impacts are discussed below. Desian Costs: The fiscal impact to authorize Jeff Katz Architecture to incorporate the new design features into the Fire Station and Training Classroom is $20,000. This, added to the firm's existing appropriation of $75,000, would bring the contract total to $95,000. Additionally, it is recommended to appropriate $2,000 in contingency funds to bring the architectural services contingency total to 5%. The resultina total fiscal impact of this action would then .be $22.000. $2,160 of the $22,000 in additional design 1 Unlike the adjoining fire station, the Fire Training Classroom is not eligible for 100% DIF funding; the Training Classroom is a joint CitylPFDIF project The methodology for allocating costs on joint City/PFDIF projects is based on proportionate EDU's, e.g. the percentage of new development EDU's to citywide EDU's projected at build-out Including the Otay Ranch, the PFDIF's share of these joint projects is 48.5%: the City share is 51.5%. 2 PFDiF(Fire Component) Credits owed to the City: These credits are related to such rtems as (1) the r,;mbursement for the PFDIF's share of the land provided by the City for the Training Tower and other Fire-related projects. and (2) the PFDIF's remaining share for the expansion of Fire Station #1. Total Available: $76.576. d/~V Meeting Date: 1/19/99 Page: 5. services/contingency is attributable to the Training Classroom, 51.5% of which ($1,112) is the City's share: Additional Architectural Services Costs Share Source Fire Station Training Classroom Total Design Contingency Design Contingency DIF $18,000 $1,840 $970 $78 $20,888 City (Non-DIF) $0 $0 $1,030 $82 $1,112 Total $18,000 $1,840 $2,000 $160 $22,000 The fiscal impact of the minor change in hourly rates for additional design services is expected to be minimal. Sufficient funds exist in the Fire DIF for appropriation to Project PS127 ($1,048) and Project PS120 ($19,840). Additionally, it is recommended that the City cost share, in the amount of $1,112, be appropriated to PS127 based upon unanticipated revenue from the Public Facilities DIF (Fire component) for City DIF credits which have not yet been taken. Construction Costs: Staff is not recommending that the appropriation of additional funds for the construction of the Station and Classroom be made at this time. It is recommended, instead, that such action be deferred until such time as the bids have been received and the actual cost is known (July 1999). The impact of that future action is estimated at $140,000, covering the additional features to be added to the building, but also covering the updated cost of materials and labor. Sufficient funds are projected to be available from the DIF and General Fund Capital Outlay (existing appropriation) for appropriation to this project when the contract is awarded (July 1999). d-)-~c:<./~f Minutes October 6, 1998 Page 9 Road across from St. Claire with Phase 1A and additionally with Phase 18 South of Telegraph Canyon Road. The Phase lIB project placed a condition Number 126 that requires the PFFP be updated prior to the approval of the first B map. To update the plan to reflect the changes in ownership and the actual reduction in number of units that were approved under the tentative map, the applicants have gone to a couple of phasing programs. This program reflects the change in McMillin's ownership. We have been able to negotiate a boundary adjustment between the two property owners along this section of the property between R12, R13, and R14. The original plan provided for flexibility in the improvement in each one of the phases and indicated what the structure requirements are. This phasing plan clarifies that scheme. PFFP Table 11 shows the improvements for transportation on the left hand side and the cum:lative threshold for EDUs. As we indicated when the tentative maps were approved they did not utilize all the units authorized under the SPA plan and so there is actually a reduction of 560 units reflected in this PFFP. The PFFP remains in compliance with the growth management threshold standards. In addition because of Village Development's inability to finance public improvements at the A map level, we will include that in the PFFP as well. Also, questions remain on how Olympic Parkway. or Orange Avenue are going to be financed. The City is currently studying Olympic Parkway assessment districts, and we have identified the costs that are associated with that road and are in the process of upgrading the DIF to reflect that improvement. So, while the improvements for Olympic Parkway exceed Village 1 and Village 5' s ability to finance those improvements, it will be spread over Villages 2, 6, 11, and the Sunbow Project and additional funding sources will be brought to bear as listed in the PFFP. RESOLUTION 19201 OFFERED BY MAYOR HORTON, heading read, text waived, passed and approved 3-0-1-1 (Rindone absent and Moot abstained) BOARD AND COMMISSION RECOMMENDATIONS None submitted. ACTION ITEMS 26. RESOLUTION 19202 APPROVING AN AGREEMENT WITH JACKSON & RYAN ARCHITECTS FOR ARCHITECTURAL AND PROJECT MANAGEMENT SERVICES FOR THE ANIMAL SHELTER PROJECT AND APPROPRIATING $103,306 FROM DEVELOPMENT IMPACT FEES (DIF) FOR ARCHITECTURAL AND PROJECT MANAGEMENT SERVICES - In March 1998, the Police Department issued a Request for Proposal to solicit qualified architectural firms to provide architectural and project management services for the Animal Shel~er project. Ten proposals were received. Per staff's recommendation, the resolution was approved 4-0-1 (Rindone absent) (Chief of Police) 4/Sth's vote required. Rick Emerson, Chief of Police, stated that it is important to share with the public that we are moving forward on this project. RESOLUTION 19202 OFFERED BY COUNCILMEMBER PADILLA, heading read, text waived, passed and approved 4-0-1 (Rindone absent) ._7 27. RESOLUTION 19203 APPROVING IN-CONCEPT THE CHANGES REQUIRED BY THE DESIGN REVIEW COMMITTEE WHICH WILL RESULT IN A FUTURE COST INCREASE FOR THE CONSTRUCTION OF FIRE STATION NUMBER 4 AND THE FIRE TRAINING CLASSROOM; APPROVING THE SECOND AMENDMENT TO THE CONTRACTUAL AGREEMENT WITH JEFF KATZ ARCHITECTURE FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF FIRE STATION NUMBER 4 AND THE FIRE TRAINING CLASSROOM; AND APPROPRIATING FUNDS THEREFOR - Council approved CIP Projects PS-120 and PS-127 provide for the construction of the new Fire Station Number 4 and the Fire Training Classroom at the Fire Training Tower site in the Rancho del Rey development. The firm'of Jef,f Katz Architecture has been hired to provide the architectural services. Recent review of the Project's initial design by th~ City's Design Review Committee has c2)-~ Minutes October 6, 1998 Page 10 necessitated changes to the Project which will increase the construction costs, and which are beyond the scope of the current agreement with the architect. Therefore, it is necessary at this time to conceptually approve the Project's revised scope and estimated budget and amend the Architect's agreement to complete the necessary work. Per staff's recommendation, the resolution was approved 4-0-1 (Rindone absent) (Fire Chief and Director of Planning and Building) 4/Sths vote reauired. Mayor Horton inquired as to the actual square footage of the building and commented that even though the square foot price is lower than comparable fire stations, the $300,000 for the recommended changes seemed outrageous for such a small building. Jim Hardiman, Fire Chief, responded that there is an on-site training classroom in addition to the 4,000 square foot fire station. The total project is 5,000 square feet. The substantial cost increase is due to comments and directions made by the Design Review Committee. Councilmember Moot commented that it struck him as being an awful lot of money and would appreciate some visuals to ascertain if it was functional or strictly aesthetic. Jeff Katz, Architect, showed an artist's rendering of both concepts before and after the Design Review Committee's direction stating that they added 510 square feet and raised the ceiling two feet. Councilmember Padilla inquired as to how they would categorize the design amendment: functional or aesthetic. Martin Miller, Associate Planner, replied that it was considered by the Design Review Committee to be more aesthetic in nature, but because of the Rancho del Ray Information Center and the YMCA, the enhancements were necessary in order to met the standards set in the neighborhood. Mayor Horton replied that she agreed with the Design Review Committee that the new design was a better fit for the community, but did not see where the increase of $300,000 penciled out. Mr. Katz stated the original building was designed to fit within project budget. In an attempt to make more of a statement, they great deal of detail to the architectural style. The $300,000 is given the current construction climate. the original have added a his estimate Bob Leiter, Director of Planning and Building, stated that not all of these costs from the original estimate to the current estimate are reflective of the Design Review Committee's specific recommendations. Dan Beintema, Principal Management Assistant, indicated that: $130,000 was for exterior redesign; $ 80,000 was for modifying the interior to accommodate windows; $ 10,000 was for landscape screening; $ 30,000 was for fire sprinklers, relocating a hose ramp, installing an exhaust system, and additional electrical requirements; and $ 20,000 was for construction escalation These things add up to around $270,000 total. The additional monies adding up to $300,000 is the change in architectural services. Mayor Horton recommended that since we need a 4jSths vote, this item be continued to the next meeting for staff to substantiate the increase in costs that are being proposed. d-.) -? Minutes October 6, 1998 Page 11 Cauncilmember Moot stated that the City's share is $139,000, it is not part of the DIF, and is not part of any budget that he is aware of. So, he would not be voting on spending $300,000 to make an architectural statement; there are too many other places that need this money. Councilmember Salas responded that the Mayor has asked for a continuation so we can get some answers. She wanted some clarification of the expansion costs and the original cost per square foot. She asked if we low-balled ourselves to begin with? Councilmember Padilla commented that the Mayor has led off with and the Council has agreed that what we are seeking is a clarification and an ability to connect the spending to some service-related issue o~' some functionality issue. Recognizing that the staff is following policy changes and that the Council has made reference to the training facility, it is still appropriate that the Council look at the specific cost increase as to whether its strictly aesthetic or design related and not functional as opposed to spending funds to increase service levels or functionality. We do have an architect that is stating that a major component of these cost increases has to do with accommodating the Design Review Committee. He understood the argument that more space is better, but the reality is you are talking about accommodating a trellis costing $80,000. This needs to be looked at a little harder. MSC (Horton/Padilla) to continue the item to the October 13, 1998 meeting. Motion approved 4-0-1 (Rindone absent) 28.A. RESOLUTION 19204 AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF THE CITY'S MULTIFAMILY HOUSING REVENUE BONDS, SERIES 1998A (GATEWAY TOWN CENTER), AND THE CITY'S SUBORDINATE MULTIFAMILY HOUSING REVENUE BONDS (GATEWAY TOWN CENTER), SERIES 1998B, IN A COMBINED PRINCIPAL AMOUNT NOT TO EXCEED $43,000,000, AUTHORIZING THE EXECUTION AND DELIVERY OF SUCB BONDS AND OTHER RELATED DOCUMENTS, AND APPROVING OTHER RELATED ACTIONS IN CONNECTION WITH THE ISSUANCE OF THE BONDS On February 10, 1998, the City held a publ ic hear ing which constituted an inducement resolution for multi-family housing revenue bonds in an amount not to exceed $45,000/000 to finance a proposed 440 unit multi-family rental housing project proposed by Gateway Town Center L.P., a California Limited Partnership. The project is to be located on approximately 16 acres on the southwest corner of East Palomar Street and La Media Road within the McMillin Otay Ranch SPA One. Council is being asked to authorize the issuance vf $43/000,000 in tax exempt bonds for financing of the project and to execute other related documents. On February 10, 1998/ the City also approved an Affordable Housing Agreement with the McMillin Otay Ranch Company committing the developer to provide low and moderate income affordable housing within the Otay Ranch Planned Community. An amendment to the Affordable Housing Agreement is now required.' Per staff's recommendation, the resolutions were approved 3-0-1-1 (Rindone absent and Moot abstained) (Director of Community Development) 8. RESOLUTION 19205 APPROVING AN AMENDMENT TO THE AFFORDABLE HOUSING AGREEMENT WITH MCMILLIN OTAY RANCH, INC. DECLARING THE AFFORDABLE HOUSING OBLIGATIONS FOR OTAY RANCH SPA ONE SATISFIED SUBJECT TO CONDITIONS Juan Arroyo, Housing Coordinator, reported that since Council conducted a public hearing back in February for this bond issue and approved an inducement resolution, the developer has been successful at receiving a bond commitment of up to $43,000,000 from the state and has also received approval from the Design Review Committee. Staff is back to complete the bond financing process which requires the Council to authorize the issuance, sale, delivery of the bonds, and execution of the bond documents. The bond proceeds will be used to finance the Gateway Town Center which staff believes is an excellent example of how an affordable housing project can be integrated into a mixed income, upscale, residential town center built on very high standards. Also the proposed project has many other positive attributes which include: (1) The increase of much'needed affordable housing in the eastern terrltories of the city; (2) the project wilr effectively advance the city's inclusionary housing program which will not only ~)-6 Minutes October 6, 1998 Page 12 increase affordable housing opportunities but will also create better economic balance between housing and jobs, (3) the project will satisfy the McMillin Otay Ranch affordable housing obligation which will be well ahead of schedule. Mayor Horton inquired as to how many enclosed garages are there, what component of the project was commercial and/or residential, and how the financing and bond proceeds were to be distributed? Rick Rosaler, Principal Planner, replied that 156 out of 440 will have enclosed garages, the others will be covered parking areas with storage. The town center project was to wrap around the town square of Village 5, and there are ground floor commercial and eighteen units of town houses that are planned in the third phase of this project that aren't part of this bond financing project. RESOLUTIONS 19204 AND 19205 WERE OFFERED BY COUNCILMEMBER SALAS, headings read, texts waived, passed and approved 3-0-1-1 (Rindone absent and Moot abstained) 29.A. RESOLUTION 19206 APPROVING A FINAL MAP FOR TRACT NUMBER 98-04, MCMILLIN OTAY RANCH SPA ONE, PHASE 2, ACCEPTING ON BEHALF OF THE PUBLIC A PORTION OF SANTA CORA AVENUE, A PORTION OF LA MEDIA ROAD, AND A PORTION OF EAST PALOMAR STREET, DEDICATED ON SAID MAP WITHIN SAID SUBDIVISION, ACCEPTING ON BEHALF OF THE CITY ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFERS OF DEDICATION OF THE FEE INTERESTS OF LOTS "A" AND "B" FOR THE OPEN SPACE AND OTHER PUBLIC PURPOSES AND LOTS 2 AND 5 FOR PUBLIC PARK PURPOSES - The Tentative Map for McMillin Otay Ranch, Portion of Villages 1 and 5, Tract 98- 04 (CVT 98-04), was approved by Council on June 9, 1998. The Final Maps include two multifamily lots, one mixed use lot (commercial/residential), two open space lots, and two park lots located south of East Palomar St.ceet. Per staff's recommendation, the resolutions were approved 3-0-1-1 (Rindone -absent and Moot abstained) (D irector of Publ ic Works) B. RESOLUTION 19207 APPROVING A FINAL MAP SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 98-04, MCMILLIN OTAY RANCH SPA ONE, PHASE 2 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT C. RESOLUTION 19208 APPROVING A FINAL MAP SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 98-04, MCMILLIN OTAY RANCH SPA ONE, PHASE 2 AND AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT RESOLUTIONS 19206, 19207, AND 19208 OFFERED BY MAYOR HORTON, headings read, texts waived, passed and approved 3-0-1-1 (Rindone absent and Moot abstained) 30.A. RESOLUTION 19209 APPROVING FINAL "B" MAP FOR TRACT NUMBER 96-04, OTAY RANCH SPA ONE, VILLAGE 1, NEIGHBORHOOD R-3, ACCEPTING ON BEHALF OF THE CITY THE ASSIGNABLE AND IRREVOCABLE GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID MAP WITHIN SAID SUBDIVISION, ACKNOWLEDGING ON BEHALF OF THE PUBLIC THE IRREVOCABLE OFFER OF FEE INTEREST OF DEDICATION OF FEE INTEREST OF DESIONATED RESOURCE PRESERVATION AREAS, AND THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST OF DESIGNATED LAND FOR PUBLIC PARK PURPOSES - The tentative map for Otay Ranch, Village 1 and a portion of Village 5 was ap9roved by Council on November 19, 1996. Council will consider the approval of ~he first Final "B" Map within Village 1, together with the associated agreement for the "B" Map. The Final "B" Map for Neighborhood R-3, Otay Ranch, Village 1 consists of 75 single family lots, four private street lots, and six private open space lots totaling 10.616 acres (the private lots will be maintained by a Homeowner's Association). Per staff's recommendation, the resolutions were approved 3-0-1-1 (Rindone absent and Moot abstained) (Director of Public Works) B. RESOLUTION 19210 APPROVING "B" MAP SUBDIVISION TRACT NUMBER 96-04, OTAY RANCH SPA ONE, VILLAGE AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT IMPROVEMENT AGREEMENT FOR 1 NEIGHBORHOOD R-"3, AND , , ''', ~!~ , ~,~ ", )~~~ ',~g ~ " Z::! <l~ ,00 ~; W' /0 ;t ;;;n J ' ~ " l ~ .- "" ~ " ~~ r/r n 0 ';l ~~ J~~ ~~ ~~ ~g ~~~ ~. > 0 ~ l~c og z-u 1 . :!!<:/I ~ti ~ ~ ~~~ ~~ a ~~ m ~ ,! , ~i '<~ "'<'~ "'<:~:' ~"(;Im ?-p~~ ~i~~ ~l~' , I, ." ,. II , l . , , , , CITY OF CHULA VISTA ~l~ 'J! ,CURRENT DESIGN FIRE STATION NO.4 ~ eX.. - /0 JAB /'99 &. 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El ~ j:: ~ W~ -l. w. ...:. ~~ RESOLUTION NO. )tJ.JY~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING IN-CONCEPT THE CHANGES REQUIRED BY THE DESIGN REVIEW COMMITTEE WHICH WILL RESULT IN A FUTURE COST INCREASE FOR THE CONSTRUCTION OF FIRE STATION #4 AND THE FIRE TRAINING CLASSROOM; APPROVING THE SECOND AMENDMENT TO THE CONTRACTUAL AGREEMENT WITH JEFF KATZ ARCHITECTURE FOR ARCHITECTURAL SERVICES ASSOCIATED WITH THE DESIGN AND CONSTRUCTION OF FIRE STATION #4 AND THE FIRE TRAINING CLASSROOM; AND APPROPRIATING FUNDS THEREFOR WHEREAS, Council-approved CIP Projects PS-120 and PS-127 provide for the construction of the new Fire Station #4 and the Fire Training Classroom at the Fire Training Tower site in the Rancho del Rey development; and WHEREAS, the firm of Jeff Katz Architecture has been hired to provide the architectural services for the fire station and the training classroom; and WHEREAS, recent review of the Project's initial design by the City's Design Review Committee has necessitated changes to the Project which will increase the construction costs, and which are beyond the scope of the current agreement with the architect; and WHEREAS, it is necessary at this time to conceptually approve the Project's revised scope and estimated budget, and amend the Architect's agreement to complete the necessary work. NOW, THEREFORE, BE IT RESOLVED the City Council of the city of Chula vista does hereby approve in-concept the changes required by the Design Review Committee which will result in a future cost increase for the construction of Fire station #4 and the Fire Training Classroom. BE IT FURTHER RESOLVED that the City Council does hereby approve the Second Amendment to the Contractual Agreement with Jeff Katz Architecture for Architectural Services Associated with the Design and Construction of Fire station #4 and the Fire Training Classroom, a copy of which shall be kept on file in the office of the City Clerk. (fM~~) BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said Second Amendment on behalf of the City of Chula vista. 1 ;<) - /6 BE IT FURTHER RESOLVED that the amount of funds are hereby appropriated from the Fire DIF as follows: $1,048 to Project PS127 and $19,840 to Project PS120 and the City cost share of $1,112 be appropriated to PS-127 based upon unanticipated revenues from the Public Facilities DIF (Fire component) for City DIF credits which have not yet been taken. Presented by Approved as to form by James Hardiman, Fire Chief fJ .~?~ JOh~aheny, City Attorney H,\home\lorraine\rs\katZ.2nd 2 J d.1-17 Second Amendment to Agreement between City of Chula Vista and Jeff Katz Architecture for Architectural Consulting Services Recitals Whereas, the City of Chula Vista ("City") and Jeff Katz Architecture ("Consultant")entered into the original Agreement for architectural consulting services on March 25, 1997; and, Whereas, ~ith the First Amendment, dated February 10, 1998, the City and Consultant amended the original Agreement to expand the scope of Consultant's work to prov~de architectural and desig~ servlces in conjunction with the Chula Vista Fire Department Fire Training Classroom; and Whereas, the City now desires to expand the scope of Consultant's work to provide additional architectural and design ser,ices in conjunction with the Chula Vista Fire Department Fire Station Number Four and the Fire Training Classroom as described in E)~~ibit IA-2'; and, Whereas, the Consultant warrants and represents that they are experienced and staffed in a manner such that they can prepare and deliver the services required of Consultant to City within the time frames herein provided all in accordance with the terms and conditions as set forth below. Now, therefore, the parties hereto agree as follows: 1. Exhibit 'A-l' to the original Agreement shall be replaced with Exhibit 'A-2' attached hereto. 2. All other items and conditions not modified by this Second Amendment to the original Agreement shall remain in full force and effect. :2/-/) Signature Page to Second Amendment to Agreement between City of Chula Vista and Jeff Katz Architecture for Architectural Consulting Services IN WITNESS WHEREOF, City and Consultant have executed this Second Amendment thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: 19 City of Chula Vista by: Shirley Horton, Mayor .n.ttes:: : Susan Bigelow, City Clerk Approved as to form: (r~~11 c ~~?i: JoM heny, City Attorn y Dated: /-;J~ 9'J Jeff K tz Arch"tecture By: Pn---z..--- - Jeff Katz, A A, Principal Exhibit List to Agreement (X) Exhibit A-2" d/-)~ Exhibit 1>.-2 to Agreement between City of Chula Vista and Jeff Katz Architecture 1. Effective Date of Agreement: 2. City-Related Entity: (Xl City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a (l Other: 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Consultant: Jeff Katz Architecture 5. Business Form of Consultant: (X) Sole Proprietorship ( ) Partnership ( ) Corporation 6. Place of Business, Telephone and Fax Number of Consultant: 7290 Navajo Road, Suite 106 San Diego, California 92119 Voice Phone (619) 698-9177 Fax Phone (619) 698-9178 oJ! -/9 Page 1 7. General Duties: A. PROJECT DESCRIPTION (1) The Consultant shall design a new fire station and training classroom to be located at the corner of East 'H' Street and Paseo Ranchero adjacent to the Fire Training Tower in the Rancho del Rey development in the City of Chula Vista("Project"). With an estimated combined construction budget of $886,400 (excluding contingency funds), the Project is envisioned by the City as a 1675 square-foot structure,accommodating living quarters and office space for up to four firefighting personnel (male and female), with an attached 2880 square-foot dual-entry ("drive-through") apparatus room equipped with an exhaust gas elimination system, and related site improvements ("Fire Station"); and a separate 1900 (approximate) square-foot training classroom with associated office space, restroom facilities, and related site improvements adjacent to t.he Fire Station ("Training Classroom"). (2) The Consultant shall ensure that the Project is designed and constructed to optimize energy efficiency, durability and ease of maintenance, and in accordance with all applicable current State and local statutes, codes and ordinances including, but not limited to, the following: a. b. c. The Uniform. Building Code The Uniform Fire Code Current standards of the Disabilities Act (ADA) Americans with B. GENERAL PROVISIONS (1) The Consultant shall be responsible for coordination of all of the work and payment associated with subconsultants listed in Section 19, below, and the fees associated with t.hese subconsultants shall be included within the Consultant's basic fee for services. (2) Once a general contractor is selected by the City, the Consultant agrees to cooperate in timely response to requests for information with the chosen general el/ - c2L) Page 2 contractor and any of its various subcontractors and to assist in compliance with the stipulated budget for construction of the project, -in accordance with normal industry standards of practice. (3) The City shall have the right to suspend work on the project for a period of up to ninety (90) days without suffering any increased compensation to Consultant or any of its subconsultants and this temporary suspension shall not constitute a termination of this Agreement. 8. Scope of Work and Schedule: A. CONSULTANT'S DETAILED SCOPE OF WORK: The Scope of Work is based on the stated intent of the City to utilize Chula Vista Fire Station #2 (80 East 'J' Street) as the basic design model for the Project, the "Chula Vista Fire Department Fire Station Design Specifications., as applicable, and the requirements of the City's Design Review Committee as a basis for the design of the new station. (1) SCHE~~TIC DESIGN PHASE a. Tour existing Fire Station No. 2 and hold "Brainstorming" sessions with Chula Vista Fire personnel to discuss features of the new Fire Station design in order to refine the program requirements contained within the Fire Station Design Specifications. b. Perform preliminary code and zoning review. c. Meet with City Planning and Building Department to review all requirements including design requirements and building accessibility issues. d. Develop Preliminary Building Floor Plans and Building Elevations for both the Fire Station and the Training Classroom. e. Prepare site plans sufficient to develop conceptual drawings indicating placement of structures amenities on site. site and f. Develop preliminary Cost Estimates based upon building systems. The estimates prepared at this phase will be cl/~;ZJ Page 3 generally square- foot cost building components, and development contingency increases as the design is stages of the project) . estimates for the various will include a design (to- allow for potential refined further in the later g. Make required presentations to Chula Department to review scope, recommendations of this phase of the Consultant's work. Vista Fire and findings h. Make required Design Review Submittals to McMillin Companies, City of Chula Vista, and other groups from which it may be necessary for the City to receive comments or approvals. Drawings required for this submittal will include: Site Analysis Diagram Schematic Floor Plan Schematic Building Elevations Preliminary Site Plan Conceptual Landscape Plans Color and Material Sample Boards These drawings will include color and material callouts, as well as a colored building elevation drawing. No models or rendered drawings are included in this proposal. l. Make required presentations to City Council to review proposed design.. j . Make required corrections to Schematic Design consistent with Design Review Committee direction in order to obtain Schematic Design approval from the City. k. After obtaining approval of Schematic Design, the Design Development phase will commence. (2) DESIGN DEVELOPMENT PHASE a. Refine design of Floor Plans, Building Elevations and Site Plan. b. Coordinate building and site requirements with Owner's Soils Engineer. c1/~.2:L- Page 4 c. Develop concept. required structural systems No engineered site for the project. consistent with design retaining walls will be d. Prepare Reflected Interior Elevations, Ceiling Plans and Roof Building Plans. Sections, e. Prepare Grading, Drainage and Utility Plans consistent with design concept (prepared from City- provided Topographic Survey) . f. Develop building mechanical, plumbing and electrical systems consistent with design concept. g. Prepare preliminary line item Construction Cost Estimate based on actual building components. This estimate will be more detailed than the systems estimate prepared during schematic design. h. Review meeting with Fire Department and City staff to review proposed design. l. As mutually agreed by the City and Consultant, there will not be a formal Design Development submittal. Rather, the drawings submitted at this stage will be "mark-ups" intended to reflect more information than would normally be found in a "design development" submittal. The intent is to present as much information to the Fire Department as possible with regard to proposed building systems, structures, layouts, etc. Based on the information presented, the Fire Department will review and comment on all of the proposed features of the new buildings and site design. j. After obtaining City approval of the information presented in the Design Development drawings, the Construction Documents phase will commence. (3) CONSTRUCTION DOCUMENTS PHASE a. Prepare drawings and specifications as listed in Attachment '1' to Exhibit 'A-2' which are suitable for bidding to clearly delineate the Contractor's scope of work (Work). The City will provide all General and Supplementary Conditions for the Project. Official 02 /~ 2 J Page 5 submittals to the City during this phase of the Consultant's work will occur at approximately 90~ complete (concurrent with submittal to the Building Department) and at 100% complete. b. Submit plans to local utility companies for (Note: Any required Utility Company fees included) . revlew. are not c. Submit plans to City Planning and Building Department for plan check, and perform all required revisions to construction documents based on Planning and Building Department's plan check comments. (Note: plan check and permit fees are not included.) d. Update Construction Cost Estimate. e. Meet with Fire Department and City staff to review final design. (4) BIDDING PHASE a. Provide original drawings (on Mylar) and specifications to the City. City will assemble and distribute bid packages. b. Interpret and clarify contract documents contractors, and issue addenda as required. for c. Conduct a pre-J.3id walkthru at the site with all interested contractors. d. Participate in bid opening, review contractor's detailed cost breakdown, and assist City in evaluation of bids. (5) CONSTRUCTION ADMINISTRATION PHASE a. The construction phase/administration of the construction contract shall commence upon the beginning of construction and shall be limited to a period equal to one hundred and ten percent (110%) of the total allowable time for the contractor's completion of the Work (inclusive of all required interior finish, fixture and equipment procurement) . 2/~2y Page 6 b. Attend Pre-Construction conference. c. Review shop drawings and submittals as required by contract documents. d. Interpret contract documents for proper execution and progress of construction, including responding in writing to contractor's or City's requests for information and clarification (RFI' s) . e. Assist the City in negotiating and processing Change Orders, including any revisions to Construction Documents if needed, for changes to the Work which, at the sole discretion of the City, should reasonably have been included by the Consultant in the Construction Documents as bid. f. Make fifteen (15) site visits and meet with assigned City Staff during the course of construction to become familiar with the progress and quality of the Work completed, to determine if the Work is being performed in a manner indicating that the Work, when complete~, will be in accordance with the Contract Documents, and to prepare site visit reports. Site visits shall be scheduled with the City in advance. On the basis of on- site observations as an architect, the Consultant shall keep the City informed of the progress and quality of the Work, and shall endeavor to guard the City against defects and deficiencies in the Work. g. Make one site visit to perform punchlist Inspection, and one to perform Final Inspection. h. Assist the City in reviewing and processing contractor's progress payment requests. i. Process contractor's As-Builts and warranty information. j. The Consultant shall not have control over or charge of and shall not be responsible for construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, since these are solely the Contractor's responsibility under the Contract for Construction. The Consultant shall not be responsible for the Contractor's 02/ ~ 2~ Page 7 schedules or failure to carr! out the Work in accordance with the Contract Documents. The Consultant shall not have control over or charge of- acts or omissions of the Contractor, Subcontractors, or their agents or employees, or of any other persons performing portions of the Work. k. The Consultant's certification of contractor's request for payment shall constitute a representation to the City, based on the Consultant's observations at the site as provided above and on the data comprising the Contractor's Application for Payment that to the best of the Consultant's knowledge, information and belief, the Work has progressed to the point indicated and the quality of Work is in accordance with the Contract Documents. (6) RESPONSIBILITY FOR CONSTRUCTION COST a. Definition: The Construction Cost shall be the total cost or estimated cost to the City of all elements of the Project designed or specified by the Consultant. T~e Construction Cost shall include the cost at curre.nt market rates of labor and materials furnished by the City and equipment designed, specified, selected or specially provided for by the Consultant, plus a reasonable allowance for the Contractor's overhead and profit. In addition, a reasonable allowance for contingencies shall be suggested for market conditions at the time of ,bidding and for changes in the Work during construction. Construction Cost does not include the compensation of the Consultant and Consultant's consultants, the costs of the land, rights-of-way, financing or other costs which are the responsibility of the City. b. Evaluations of the City's Project budget, preliminary estimates of Construction Cost and detailed estimates of Construction Cost, if any, prepared by the Consultant, represent the Consultant's best judgment as a design professional familiar with the construction industry. It is recognized, however, that neither the Consultant nor the City has control over the cost of labor, materials or equipment, over the Contractor's methods of determining bid prices, or over competitive bidding, dj~d& Page 8 market or negotiating conditions. Accordingly, the Consultant cannot and does not warrant or represent that bids or negotiated prices will-not vary from the City's Project budget or from any estimate of Construction Cost or evaluation prepared or agreed to by the Consultant. c. If the Bidding or Negotiation Phase has not commenced within 90 days after the Consultant submits the Construction Documents to the City, any Project budget or Fixed Limit of Construction Cost ("fixed limit") will be adjusted if necessary to reflect changes in the general level of prices in the construction industry between the date of submission of the Construction Documents to the City and the date on which proposals are sought_ In the event that this adjustment is to be made,the City and Consultant agree to meet in good faith to determine the extent to which the Consultant's scope of work is unreasonably impacted for the purposes of determining additional compensation, if any, for the work performed. d. The fixed limit for the Fire Station and Trainiqg Classroom Project construction is set at $886,400. .If the fixed limit is exceeded by the lowest bona fide bid or negotiated proposal, the City agrees to pursue one of the following courses of action: I.) Give written approval of an increase in the fixed limit; ii.) Authorize ~ebidding or renegotiating of the Project; iii.)Terminate the Project proceedings; i v.) Cooperate in revising the proj ect quality as may be necessary to Construction Cost; or v.l Any other remedies the City may deem appropriate. scope and/or reduce the c2) -2/ Page 9 e. If the City chooses to proceed under d.,iv., above, the Consultant, without additional charge, shall modify the Construction Documents as necessary to comply with the fixed limit. The modification of Construction Documents in scope and/or quality to reduce the Construction Cost, using Consultant's best professional advise and knowledge, shall be the limit of the Consultant's responsibility with regard to meeting the fixed limit. (7)MISCELLANEOUS PROVISIONS a. Unless otherwise provided in this Agreement, the Consultant and the City-authorized subconsultants shall have no responsibility for the discovery, presence, h~~dling, removal or disposal of or exposure of persons to hazardous materials in any form as the Project site, including but not limited to asbestos, asbestos products, polychlorinated biphenyl (PCB) or other toxic substances. b. The Consultant shall have the right to include representations of the design of the Project, including photographs of the exterior and interior, among the Consultant's promotional and professional materials. The Consultant's materials shall not include the City's confidential or proprietary information; no such publication shall occur without the prior express written consent of the City to do so. c. If the City and CQnsultant are unable to reach agreement on any disputed work or compensation, the City may direct the Consultant to proceed with the work. Payment shall be as later determined pursuant to the remedies provided elsewhere in the Agreement. B. Date for Commencement of Consultant Services: (X) Same as Effective Date of Agreement ( ) Other: C. Dates or Time Limits for Delivery of Deliverables: (1) Consultant to have the Construction Documents complete and ready for bid by contractors no later than June 15, 1999, unless otherwise agreed to in writing by the City. c2/ - J-r Page 10 D. Date for completion of all Consultant services: (2) Upon Consultant's completion -and City's acceptance of all services covered in the Agreement. 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance () Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $1,000,000. () Errors and Omissions insurance: None Required (included in Commercial General Liability coverage) . (X) Errors and Omissions Insurance: $250,000 (not included in Commercial General Liability coverage) . 10. Materials Required to be Supplied by City to Consultant: A. It is understood that the City will provide topographic services as required to prepare an existing conditions topographic drawing, in AutoCAD 12 format, for use by the Consultant and City-authorized subconsultants on the Project. It is understood that the City will be responsible for the accuracy of the information provided to the design team, and that no field verification of existing topo information is included by the Consultant. B. All bidding and contract procedure documents. C. Soils and geotechnical reports as required. 11. Compensation: N/A A. () Single Fixed Fee Arrangement. For performance of all of the Defined Services by Consultant as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: N/A 1. Interim Monthly Advances. The City shall make interim monthly advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is el/ ~;2/ Page 11 satisfactorily completed, the ~~ty shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 19 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. 3. (X) Phased Fixed Fee Arrangement. (1) For the performance of each phase or portion of the Defined Services by Consultant as are separately identified below, City shall pay the fixed fee associated with each phase of Services, in the amounts and at the times or milestones or Deliverables set forth. Consultant shall not commence Services under any Phase, and shall not be entitled to the compensation for a Phase, unless. City shall have issued a notice to proceed to Consultant as to said Phase. (2) Consultant to provide the stated basic services for a fixed fee of One Hundred Thousand Dollars ($100,000). Invoices will be submitted monthly for the percentage of work actually completed during the month, on any particular phase. (3) The Basic Services charges are categorized as follows: dl--3iJ Page 12 PHASE PHASE FEE -- PHASE FEE (FIRE STATION) (TRA CLASSROOM) Schematic Design $15,250 $4,250 Design Development $8,300 $3,200 Construction Documents $32,650 $12,850 - 90% Construction Documents $5,300 $1,400 - 100% Bidding $1,500 $500 Construction $6,250 $2,650 Administration As-Builts $750 $150 Total $70,000 $25,000 (X) 1. Interim Monthly Advances. The City shall make interim month~y advances against the compensation due for each phase on a percentage of completion basis for each given phase such that, at the end of each phase only the compensation for that phase has been paid. Any payments made hereunder shall be considered as interest free loans which must be returned to the City if the Phase is not satisfactorily completed. If the Phase is satisfactorily completed, the City shall receive credit against the compensation due for that phase. The retention amount or percentage set forth in Paragraph 21 is to be applied to each interim payment such that, at the end of the phase, the full retention has been held back from the compensation due for that phase. Percentage of completion of a phase shall be assessed in the sole and unfettered discretion by the Contracts Administrator designated herein by the City, or such other person as the City Manager shall designate, but only upon such proof demanded by the City that has been provided, but in no event shall such interim advance payment be made unless the Contractor shall have represented in writing that said percentage of completion of the phase has been performed by the Contractor. The practice of making interim monthly advances shall not convert this agreement to a time and materials basis of payment. 02/~J/ Page 13 C. (X) Hourly Rate Arrangement for Add~~ional Services Additional services shall not be performed by Consultant unless authorized in writing by the City in advance. For performance of any Additional Services by Consultant, as listed below, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow. a. Revisions to Schematic Design or Construction Documents resulting from City-requested changes to previously approved documents, or due to subsequent code or zoning changes. b. Preparing documents for alternate bid items beyond the Consultant's scope of work. c. For items not consistent with the provisions of Section B.A.5. (e) (changes to the Work which should reasonably have been included by the Consultant in the Construction Documents as bid), processing City change requests after Contractor's bid including revisions to Construction Documents, processing approval of revisions through the Planning and Building Department, Change Order negotiation, and preparing drawings and specifications in connection with Change Orders approved in writing by the City. d. Additional site "visits specifically requested by the City. e. HOURLY RATE SCHEDULE Principal Architect Designer Drafter Secretarial Structural Engineer Civil Engineer Mechanical Engineer Electrical Engineer Landscape Architect for Additional Services: $ 95.00 per hour $ 80.00 per hour $ 55.00 per hour $ 40.00 per hour $ 100.00 per hour $ 95.00 per hour $ 100.00 per hour $ 100.00 per hour $ 90.00 per hour ;2.) '--.32 Page 14 12. () Not-to-Exceed Limitation on Time and_~aterials Arrangement Notwithstanding the expenditure by Consultant of time and materials in excess of said Maximum Compensation amount, Consultant agrees that Consultant will perform all of the Defined Services herein required of Consul tant for $ including all Materials, and other "reimbursables" ("Maximum Compensation") . 13. ( ) Limitation without Further Authorization on Time and Materials Arrangement At such time as Consultant shall have incurred time and materials equal to ("Authorization Limit"), Consultant shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense. 14. Materials Reimbursement Arrangement All City-requested or City-required printing and reproduction needs or other unanticipated printing needs associated with the Project which cannot be assumed by the City will be a reimbursable expense at the actual cost of such services to the Consultant. No other materials or costs reimbursements are permitted. 15. Contract City: Administrators: Daniel D. Beintema 447 'F' Street Chula Vista, CA 91910 (619) 691-5055 voice (619) 691-5057 fax Consultant: Jeff Katz, AlA 7290 Navajo Road, Suite 106 San Diego, California 92119 (619) 698-9177 voice (619) 698- 9178 fax 16. Liquidated Damages Rate: ) $ per day. 02)-3,3 Page 15 ) Other: 17. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. FPPC Filer Category NO.1. Investments and sources of income. Category NO.2. Interests in real property. Category NO.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. Category NO.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. Category NO.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. Category No.6. . Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. Category NO.7. Business positions. ( ) List "Consultant Associates" interests in real property within 2 radial miles of Project Property, if any: 02/ - 3';- Page 16 Consultant is Real Estate Broker and/or Salesman 18. Permitted Subconsultants: Civil Engineering: Structural Engineering: Mechanical Engineering: Electrical Engineering: Landscape Architecture: Bement Dainwood Sturgeon, Civil Engineers Simon Wong Engineering Syska & Hennessy ILA + Zammit Engineering JL Martin, Landscape Architecture 19. Bill Processing: A. Consultant's Billing to be submitted for the following period of time: ) Monthly ( ) Quarterly (X) Other: See Section 11.B. of this Exhibit. B. Day of the Period for submission of Consultant's Billing: ( ) First of the Month ( ) 15th Day of each Month (X) End of the Month ( ) Other: C. City's Account Number: 20. Security for Performance Performance Bond, $ '( )Letter of Credit, $ Other Security: Type: Amount: $ (X) Retention. If this space is checked, then notwithstanding other provisions to the contrary requiring the payment of compensation to the Consultant sooner, the City shall be entitled to retain, at their option, either the following "Retention Percentage" or "Retention Amount" until the City determines that the Retention Release Event, listed below, has occurred: (X) Retention Percentage: lO~ from each invoice ( ) Retention Amount: $ Retention Release Event: cl/~3) Page 17 ( ) Completion of All Consultan~_Services (X) Other: At the sole discretion of the City, at the successful completion of the "Construction Documents - 100%" Phase, one-half of the Retention monies held to that point will be released to Consultant. Bidding, Construction Administration and As-Builts Phases will continue to be subject to retention and the remaining retention monies will be released upon successful completion of the As-Builts phase. c2)~:Jb Page 18 COUNCIL AGENDA STATEMENT Item ;2~ Meeting Date 115/99 ITEM TITLE: If Resolution / l;2 8'-0 of the City Council of the City ofChula Vista, California, approving the amended Council Policy No. 505-02 (Early liening assessment procedure and origination charge policy) g Resolution /51;2 yJ of the City Council of the City of Chula Vista, California, approving the Second Amended AcquisitionlFinancing Agreement for Assessment District No. 97-2 (Otay Ranch, Village One). c Resolution /:J;2 g- J-- of the City Council of the City ofChula Vista, California, Authorizing and providing for the issuance of limited obligation improvement bonds, approving the form of Bond Indenture, Bond Purchase Contract and other documents and authorizing certain actions in connection therewith. Di='""fP,bli,Wo"" ~ Director of Fmance L. C hA City Manager -w." ~\ (4/5ths Vote: Yes_No.X.) SUBMITTED BY: REVIEWED BY: Staff recommends that this item be continued indefinitely. H: IHOME\ENGINEER\AGENDA \97-28S _ A.WPD :12 ---j cv ElE~; ",';HOOlDIST. A, ~:"VEO BONNIE JOHN/TON AUG 1 8 1998 SUf'EAIN l LI.........., w v,rit.;f 14'14 ~~RTU AVllMUI 'AM DlllGO. CA 9'1101 PHONl (619) 'l94,",,944 'AX (tU9) 'l94,",,4n Education Bachelor of Arts (w/distinction) Master of Fine Arts San Diego State University United States International University Administration and Development Kello!!!! Perfonnin!! and Visual Arts Mamet School Current Artistic Director (Ten years) of this internationally recognized public school program, Coordinates and administrates all arts related functions of the magnet. Created Partners in Education program with San Diego Museum of Art, San Diego Museum of Man, San Diego State University and the Old Globe TIleatre, Responsibilities include: hiring of artistic faculty, designing school-wide integrated arts curriculum. conducting county-wide teacher in-services, constructing study guides for district-wide application. creating and managing magnet budget, developing and managing parent volunteer organization, directing grant I fundraising strategies and developing and directing all magnet theatrical productions, San Die!!o Theatre for Youn!! Audiences Artistic Director & Founder. SDTY A is a professional adult theatre company that tours TY A plays to elementary and junior high schools. Responsible for company operations, planning and development: Oversight of grant writing, fundraising, budget projections, financial report, public relations. marketing and tour coordination. La Jolla Plavhouse I University of California San Die!!o Extension Associate Director of Education (Two years). Created. administered and directed four week workshops of theatre instruction for high school students. Programs consisted of: Acting, improvisation, movement for the actor. history of costume, text analysis, stage makeup and set design. USIU Conservatorv of the Arts Director of Educational Outreach Programs. Created and directed on-site school arts programs. Responsibilities included: Hiring of professional artist/teachers, budgeting, marketing, community relations. Old Globe Theatre Camn Orbit - Inaul!Ural Prol!ram Project Director. (2 years) Created and directed four-week Classical Theatre Educational Program. Responsibilities included: hiring staff and instructors, scheduling, public relations and marketing. University ofPittsburm at Bradford Project Director. Created two-week multi-disciplined summer workshop in theatre instruction focusing on contemporary issues of young people. Atlanta Public Schools Fine Arts Consultant. Conducted in depth review and assessment of all operational procedures and fine arts curriculum for North Atlanta High School of the Performing Arts. Created and established new departmental mission statement, restructured programming, training and recruitment standards and sequences. Established student arts council and parent support group. San Die20 Academy of the Arts Created and administered a two school test program of tlleatre and visual arts education for children at risk. TIus jointly funded project by tlle San Diego County Department of Education and the La Jolla Playhouse is currently under consideration for countywide implementation. 102 Y -4 - / Creative Consultant Egyptian Learning Center Mayan Learning Center San Diello Museum of Man Chronos IV Tbe Art Rig Age of Chivalry Young at Art San Diego Academy of the Arts San Diego Museum of Art La Jolla Playhouse San Diego County Office of Education Festival of the Sun Chula Vista Arts Commis..ion Chula Vista Cbamber of Commerce Chula Vista Parks and Recreation Children's Arts Conservatory Rancho La Puerta Teacher In-Service / Arts Based Curriculum Workshops ETA I AATE National Conference Network Association of Perfonning Arts Scbools Tbeatre of tbe World Festival- Theatre Educaton Symposium National Univenity- Department of Education San Diego State Univenity - Department of Education Cbula Vista City Scbool District San Diego City School District San Diego County Department of Education Sweetwater Scbool District Lake Elsinore Unified Scbool District Vista Unified School District Livennore Valley Joint Unified Scbool San Marcos Unified Scbool District Directinl!: PROFESSIONAL THEATRE TYA Where the Sidewalk Ends Witbout a Net One Thousand Cranes A Child's Christmas in Wales Revels of the Queen Nightingale Sbakespeare's Birthday So You Want to be an Actor Wind of a Thousand Tales Old Globe Tbeatre La Jolla Playhouse San Diego Repertory Theatre San Diego Repertory Theatre Utah Shakespeare Festival Bowery Theatre Old Globe Theatre Arizona Arts Council-Tour San Diego Junior Theatre 2cJtj/J"") Directinl!: EDUCATIONAL THEATRE Cirque du Monde Working Push Cart War Andraeles and the Lion Wiley and the Hairy Man Wagon Wheels West Journey to the Sun A Christmas Carol In Days of Old Laud of the Pharaohs The Odyssey Simply Mad about the Mouse The Artifact The Wizard of Oz Pieces of Dance in America I &11 Earth Songs The Nightingale Oliver Free To Be You and Me Kellosphere Peter Pan Heirlooms: Treasures ofthe Immigrant Teachiol! Elementary and Secondary San Diego State Un;,'ersity University of California, San Die~o Southwestern College United States International University States International University Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arls Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts Kellogg Center for the Performing and Visual Arts San Diego Citv Schools Gifted and Talenled Education program - Shakespeare menlor (four years) La Jolla High School. La Jolla. California Guestleclurer- Theatre and Dance (two years) Point Lorna High School. San Diego. California Guest Lecturer-Theatre of the Eighteenth Century (one-year) Los Altos Elementarv School. Chula Vista. California Theatre Arts Consultant and Arts Program Director (Iwo years) 3 cl'/4~3 Teachinl!: University and College San Die20 State University Directing Theatre for Young Audiences Creative Drama U nh:ersitv of Phoenix Fine Arts in the Classroom United States International University Introduction to Acting Directing Theatre for Young Audiences History of tlle Theatre History of Costume Introduction to the Arts U niyersity of San Diel!o I Old Globe Theatre - MFA Prol!ram Movement for tlle Actor Period Movement and Manners University of California. San Diel!o - MFA Prol!ram Movement for tlle Actor Period Movement and Manners Southwestern Collel!e Choreography for Musicals Chore02raDhv Production Director Old Globe Theatre Comedy of Errors Twelfth Night Much Ado About Nothing VVondenulTennessee And A Nightingale Sang As You Like It The VVinter's Tale Loves Labours Lost Tartuffe Equus Comedy of Errors Lion in VVinter Romeo and Juliet The Tempest Two Gentlemen of Verona You Can't Take It VVith You The Good Doctor Too True To Be Good MacBetb Play Strinberg Jobn Rando Laird VVilliamson Jack O'Brien Craig Noel Craig Noel Julie Anne Boyd Jack O'Brien Craig Noel Craig Noel Ken Ruta Ken Ruta Ken Ruta Jack O'Brien Ellis Rabb Craig Noel James Tripp Craig Noel Mark Lamas Ed Call Craig Noel 4dl/J~ Jj La Jolla Plavhouse The Seagull Man is Man Three Sisters Des McAnuIT Robert Woodruff Des McAnuff San Diel!o Reoertorv Theatre Six Women with Brain Death Rap Master Ronnie Cradle Will Rock Little Shop of Horrors A Christmas Carol (4 ) Tintypes Southwestern Collel!e Sam Woodhouse Frank Condon Robert Benedetti Sam Woodhouse A rdenlW oodhouselRoss/ Jacobs James Manley Tommy Metropolis Evita Nine The Wiz Grease Jesus Christ Superstar Chicago Golden Boy William Virchis William Virchis William Virchis William Virchis William Virchis William Virchis William Virchis William Virchis William Virchis Affiliations American Alliance for Theatre & Education Network of Performing and Visual Arts Schools ASSITEJ American Theatre Educators San Diego County Arts Advisory Council Chula Vista Arts Commission Awards National Council for Basic Education Fellow California Education Association Golden Bell Award for Distinctive Programming in Schools San Diego Public Arts Advisory Council Recipient - Community Enhancement Grant Chula Vista City Schools 1995 Employee of the Year -References and Letters of Recommendation Upon Request- 5 .J tj /1 --s- Bonnie Johnston An internationally recognized anthority on arts based cnrriculum, Ms. Johnston is currently in her tenth year as Artistic Director of the Kellogg Center for the Performing and Visual Arts Magnet School in Chula Vista, California where she has created, prodnced and directed nine Theatre for Young Audience premiers and nine seasons of thematic year- long curriculum studies on the American West, Ellis Island, Meso America, Shakespeare, Ancient Greece, the Middle Ages, Ancient Egypt, Cirque du Monde and Space exploration. While at Kellogg, Ms. Johnston has created nationally acclaimed Partners in Education programs with San Diego Museum of Art, San Diego Museum of Man, San Diego State University and the Old Globe Theatre. Ms. Johnston has served as the Artistic Director & Founder of San Diego Theatre for Young Audiences, created Camp Orbit at the Old Globe Theatre and served as the Associate Director of Education for the La Jolla Playhouse. She has also served as a Fine Arts Consultant to the Atlanta Public Schools, University of Pittsburgh at Bradford, San Diego Academy of the Arts, San Diego Museum of Man, San Diego Museum of Art, San Diego County Office of Education, Chula Vista Arts Commission, Chula Vista Chamber of Commerce, Tijuana Cultural Center and Rancho La Puerta. Ms. Johnston has been a featured speaker and workshop presenter for Educational Theatre Association, American Association of Theatre Educators, Network Association of Performing Arts Schools, Theatre of the World Festival- Theatre Educators Symposium, the National University and San Diego State University - Departments of Education and over a dozen school districts across California. A professional director of Theatre for Young Audiences, Ms. Johnson's work has been seen at theatres across the southwest including: the Old Globe Theatre, La Jolla Playhouse, San Diego Repertory Theatre, Utah Shakespeare Festival and an Arizona Arts Council-Tour. She has produced and directed over fifty college, university, secondary and elementary theatrical productions. Ms. Johnston has served on the faculties of the University of California, San Diego, San Diego State University, Phoenix University and United States International University Ms. Johnston's affiliations include: American Alliance for Theatre & Education, Network of Performing and Visual Arts Schools, ASSlTEJ, American Theatre Educators, San Diego County Arts Advisory Council and the Chula Vista Arts Commission. Ms. Johnston is a recipient of a National Council for Basic Education Fellowship, California Education Association Golden Bell Award for Distinctive Programming in Schools, San Diego Public Arts Advisory Council Community Enhancement Grant and was named Chula Vista City Schools 1995 Employee of the Year. Ms Johnston holds a B.A from San Diego State University and a MFA from United States International University. clYrl-? William Alexander Virchis Brief Resume OCCUPATION Professor and Artistic Producing Director at Southwestern College. President Vireo Enterprises, 1604 Dartmouth Street, Chula Vista, CA 91913. Producing Director - Positive Projections. Former Artistic Advisor and Artistic Director of Teatro Meta. Old Globe Theatre. Producing Artistic Director - Teatro Mascara Magica - A Common Ground Theatre Company. Education: SUMMARY OF QUALIFICATIONS Associates of Arts, Southwestern College Educational Workshops: Honors: Bachelor of Arts, San Diego State University, 1971 Masters of Arts, San Diego State University, 1972 Completed and received the "Certificate of Advanced Studies in Community College Administration" from San Diego State University, 1980 Community College Chief Administrative Office Credential, 1982 Jerzy Grotowski - Lecture and Workshop. UC Irvine The Great College Teaching Seminar - Palomar Camp. Southwestern College Columbia Film Industry Workshop (Hollywood) UCLA Film Workshop Don Schwartz Commercial Studio Workshop (Hollywood) Desilu Actors Workshop (Hollywood) Dave Winters Dance Studio (Hollywood) Marcel Marceau Mime Exposition, Cal State Berkeley (San Francisco) Marcel Marceau Mime Seminar & International Workshop, University of Michigan Richmond Shepard Mime & Movement Workshop (Hollywood) Sharing Company Mime School International Mime and Pantomimes Masters in Mime Exposition Old Globe Educational Tour Workshop Old Globe TheatreIBicultural Theatre Workshop California Center for the Arts Education Achievement Award 1998. Featured Artist for Special profile on the international television station, Tcle-Mundo. 1998. Featured cover article for the Hispanic newspaper, EIlnformador, 1998. Drama-Logue Critics Award for Outstanding Achievement in Theatre and Direction For Zoot Suit at the San Diego Repertory Theatre 1997 The Patte Award for Theatre Excellence for Outstanding Direction of "The Who's Tommy" 1997 Zoot Suit voted by San Diego Critics "One of the best five plays of the 1997 season" 021/1- ? Outstanding Director of the American College Festival entry and Regional Finalist of the World Premiere Street Opera "Fantasma" Joseph Papp - Latin Lab, NY. N.Y. Awarded "El Rey Del Sol Award", for contribution to San Diego Cultural Arts Commwtity by the EI Sol Newspaper. Selected by the Board of Trustees Outstanding Contribution to the Latin Community and Mariachi Festival 1991, 1992 - ALBA 80 Society. Awarded "The Hispanic Media Award" for "Zoot Suit" for Contribution to the Latino Community. Outstanding Director of the American College Festival entry and Regional Finalist of the World College Premiere of the Who's' "Tommy" - Utah State University. Outstanding Director of the American College Festival entry and Regional Finalist of the World College Premiere and professional revival of Luis Valdez, "Zoot Suit - San Diego Repertory Theatre. Award of Merit from the American College Theatre Festival. ACTF Entry and Scene Finalist of the World College Premiere American Melodrama "Bandido". Written by Luis Valdez. Teatro Campesino. Outstanding Theatre Educator of the Year - California Education Theatre Association, 1994-95. Outstanding Professional Leadership Award given by the Governing Board and Faculty of Southwestern College. Bravo Award 1994, for Outstanding Commwtity - Professional Contribution in the Arts given by the Chula Vista Council. County of San Diego Proclamation given by the San Diego Board of Supervisor for Energetic Leadership and Contribution to numerous professional. educational and volunteer efforts. 1994. Professional Activities: Film and Television: Representative Roles Brief Resume: Sweet Revenge - Featured - Warner Bros. ESPN Movie of the Week. Renegades - Supoorting Actor" Stu Segall Productions. Jose Ortega Episode. High Tide - Featured - Stu Segall Productions. Don Garcia Dc La Barca - SuPPOrting Role and Assistant to the Director Lonnie Ding - Educational Feature Film, San Francisco. Mr. James - Featured Role - New Image Theatre Planned Parenthood Project. KPBS Television - Director Carla Kirkwood. Emmy Award for documentary. The Angel- Supoorting Role as "Mephistopheles" " Theatrical Feature. Independent Productions. Director: Victor Luna. Jose Sanchez - Supporting Role as Guerrilla Sergeant - TriStar Productions. "Inside Adam Swift" 02.;14 - ~ 2 Japanese Executive - Minor role - Walt Disney Film - "Devil Vs McDevlin" Starring Bill Cosby and Elliot Gould. Role of Doctor Taggert - Supoorting Rote in MarVista Productions of "Dogs" Featured Role in Cine-Mex. Production of"J.]. Garcia" - T. Randall. Director. R. Hernandez, Producer. Featured Role - Foodmaker National Commercial Film: "Taco Jack is Dynamite" Aurelio Chaves - Leading Actor - Los Fumadores - Peter Coonradt Production, Tela-Novela. in Spanish. Featured Role in Anti-Defamation - KPBS Channel 15. public announcement segments. Paul Espinosa Director. Professional Theatre Activitv: Producing Artistic Director, Teatro Mascara Magica: Multi-cu1tural - Common Ground Theatre Company, residency at the San Diego Repertory Theatre. A.S.K. Proiect at UCLA World Premiere of the musical "Quixote Mariachi" by Jose Cruz Gonzalez.. ..Director San Diego Reoertorv Theatre "Children of Eden" Music and Lyrics by Stephen Schwartz book by Charles Lisanby Director World premiere of new adaptation, "Real Women Have Curves" by Josefina Lopez and John Mercedes Inc........................ ................................. ... ...... .......Director "La Pastorela Divina" Written by Max Branscomb............. ................ .....Director "Real Confession of Latina Women from East L.A"........................... .....Director by Josefina Lopez, and John Mercedes Inc., Fritz Theatre. World Premiere, Critics Choice. Arizona Theatre Comoanv "La Malinche" World Premiere written by Carlos Morton, Genesis Project.... .Director Borderlands Theatre: Tucson "Real Women Have Curves" by Josefina Lopez............... ........ ......... ......Director ALBA 80 Mariachi Festival I-VII ..Production Coordinator. Talent Resource. M.C. San Diego Reoertorv Theatre "Zoot Suit" ........... ................. ................ ...... ........ ......... ........Director by Luis Valdez, World College Premiere and Professional Revival. American College Theatre Regional Scene Finalist. ~ Y/J-7 3 Gilbert and Sullivan Societv "Trial by Jury... . .. .Director "Gondoliers"... ... ... .................. ............... ... ..................... ......Director "Tarantara! Tarantara!".. .Director Cal Pac Community Theatre "Short Eyes" ... ... ... ... ... San Diego Premiere ... .......Director "Plymouth Rock" ................................. ......Choreographer and Co-Director World Premiere "P.S. Your Cat is Dead"............ ... ... ........................... ......... .....Director On Sta!!e Productions "Waiting for Godot"... ... ......... ........................ ...... ...... ...... .......Director The Bonita Vallev Plavers Community Theatre "The Actor's Nightmare".................. ................................ .......Director Entry and Fioalist in the Olympic Theatre Festival- Los Augeles, California. Shann!! ComDanv "Everyman"' ... ... ... ... .." ... ... ... ... ... ... ... ... .Director "American Dream... ..... ............ ....Director "Bartleby the Scribner... ............... ... .................. ............ ........ ..Director "Shock of Recoguition" .................. ... ......... ..... ............ ...... ......Director World Premiere "The Circus" Mime Production.-...... .............................. ......... ....Director World Premiere VIRCO AND POSITIVE PROJECTION ENTERPRISES FILM - TELEVISION SPECIAL EVENTS COORDINATION College of MariIL Keynote Speaker and Workshop Facilitator. Latino Business Association, annual conference, Production Coordinator and Talent Resource, Century Plaza Hotel. Chicano Federation Annual Award banquet. Talent Resource. Co-M.C. with Maria Valesquez Channel 8. Hotel Del Coronado. Chicano Federation Annual Fundraiser Dinner. M.C. and Production Coordinator. Hispanic VisiolL Keynote Speaker. Hispanic Business Network Conference. International Mariachi Festival. Production Coordinator and Stage Direction. 02 t/ /1 ~ /1) ~ Educational Theatrical Activities: SAN DIEGO STATE UNIVERSITY "Blood Wedding", by Federico Lorca, bilingual production in conjunction with the international Lorca Scholars and Spanish Department ofS.D.S.U............ .......Director SOUTHWESTERN COLLEGE "The WetBack"... ................... The World College Premiere stage reading. .... .Director "Matador"........................... ...................................................... ....Director by Lawrence Meyers, World College Premiere, American College Theatre Festival Award of Merit. "Metropolis"........................................................................... ....Director by Joe Brooks, World College Premiere of an opera written and adapted by Joe Brooks and Bill Virchis, American College Theatre Regional Finalist, American College Theatre Festival Award, Cal State Hayward. "King of Hearts" .......... ................................ ......................... ...Director by Peter Link, World College Premiere. "Bandido"... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... .Director by Luis Valdez, World College Premiere, Award of Merit from the American College Festival and Scene Finalist. The Who's "Tommy" ..... .................. .................. . ......................Director by Peter Townshend, World College Premiere, American College Theatre Regional Finalist American College Theatre Festival Award "Zoot Suit" ... ... ... . ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .....Director by Luis Valdez, World College Premiere and Professional Revival. American College Theatre Regional Scene Finalist. SOUTHWESTERN COLLEGE "Life is a Dream" (Dream Project)... ...... ..... ............ ..... .....Co-Producer San Diego Repertory. World Premiere of a Jazz Opera based on Calderon's Classic Play, La Vida Es Un Sueno. In Association with the San Diego Repertory and Teatro Mascara Magica. SAN DIEGO STATE UNIVERSITY "Life is a Dream" by Pedro Calderon ....................... .Director and Translator Master Thesis Production "Lysistrata" ... ... .Director and Assistant Director "Orests"...... .......... ......Chorus Leader "Would Be Gentleman"... ...... ... ... ... .....Fencing Master "Waiting for Godo!"............................................................ .....Lucky "Marat Sade".... ............................... Chorus Leader and Assistant Director "The Prime of Miss Jean Brodie"................................. .......Stage Manager "The Room" ... ... ...... Student Director d. tj /! r// 5 "The Box" ......................... ....Student Writer and Director "Trojan Women"............ .................................. ......Stage Manager "No Room in Hell"........... .................................. ....Student Director "Hello Out There"........................... ........................ ......Student Director "The Death of Bessie Smith....................................... .......Student Director "The Rock"............................................. .............................. .....Joe "Purgatory"............... .............. . . . . .. . . .. Old Man and Student Director SOUTHWESTERN COLLEGE "Life is a Dream" (Dream Project)......... ............. ...... .....Co-Producer San Diego Repertory. World Premiere of a Jazz Opera based on Calderon's Classic Play, La Vida Es Un Sueno. In Association with the San Diego Repertory and Teatro Mascara Magica. "Fantasma" .. ... ... ... ... ... ... ... ... ...... ... ... ..... .....Director World Premiere, American College Theatre Regional Finalist. "Stop the World I Want to Get Off'... ...Director "Zoot Suit"............ ........................ ................................. ......Director "The Foundling"............ by Carlos Morton ...................... ... .....Dircctor "Night Shriek"........... ............ USA and World College Premiere ................................. ....Director "Golden Boy"............ ................. ..... ......... .....Director "Hair" ... ... ".. .." ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .....Director American College Theatre Festival Regional Award Winner "Leader of the Pack" ... ... ... ... Wold College Premiere ..... ....Director "Nine" ... ".. ... ... .." .. ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ....Director World College Premiere "Evita".......................................... Guest Equity Artist: Kirby Ward .. ... ...Director "Wiz..... ... ... .Director "Runa\vays" ... ... ... ... ... ... ... ... ... .." ... ... ...Director "Working"......... ......... .............................. .....Director "Joseph and the Amazing Technicolor Dream Coat"..................... ...Director . Jesus Christ Superstar" ... ... ... ... West Coast College Premiere ......... ....Director ,,}'///-/ :2- 6 I 11I1f-, :<Yff- /3 fll1rS-IJ General: "Beyond Therapy"... ................... .. .. Guest Artist "Canterbury Tales".................. .................. ...Director and Choreographer "Adaptation".............................. ..' ........................... ...... .....Director "Dedil'ns Rex" ................................... ...... ......Director "The Adding Machines"........... .................................. ...Director "110 in the Shade"..................... . .. . .. . . . . .Director and Choreographer "Puss'n Boots"......... ................. .. . . .. .. . .. . Director and Choreographer "The Price"... ................................ ... ......... ... .................. ....Director "The Timid Dragon" ... ... ... .... ..Director, Writer, Choreographer, and Composer "The Shooting of Blanco Possnet!"................................. ........ ...Couhane "Catcher in the Rye". ............................................................. ...Larry "The Day the Whore Came Out and Played Tennis........................... ...Rndy "Mime Showcase"...... ...... ........... ... ...Director, Writer, Composer "Man. Woman, and Burarty" ......... ...... ......... ......Director, Writer, Composer SAN DIEGO JUNIOR THEATRE "Lil Abner" ........................ ......... ..... .. .... ....Director Worked in film and television as an actor, translator and model. Composed musical Scores for records, plays. television and commercials. Recipient of California Arts Conncil Grants - Teatro Mascara Magica. Special Projects Grant - City of San Diego - Teatro Mascara Magica. Special Endowment KRAFr Corporation - Teatro Mascara Magica. Regional director for National Mime Week, 1980-84. Translated Shakespeare' "The Taming of the Shrew" into Spanish for the fIrst Globe Tour Kit and "As Yon Like it" for the second Tour Kit. Recipient ofFord Fonndation Grant as part of Old Globe's Teatro Meta. Assistant Professor of Musical Theatre MFA Program - Musical Theatre Direction. San Diego State University. Guest Lecturer and 'Workshop Director Community Theatre Association. Director and Fonnder, the Southwestern Touring Company. Featured Bicenteunial Speaker for Southwestern College. Career Speaker for the Sweetwater High School District. JY/J ~JY R Membershio Affiliations: Horton Plaza Foundation Board of Directors, appoioted by Mayor Susan Golding. Chair of the Commissioner of Arts and Culture, City of Chula Vista, appointed by Mayor Shirlev Horton. San Diego Arts League, Board of Directors Former member of the Publics Arts Advisory Committee for the County of San Diego by Supervisor, now Congressman Brian Bilbrey. Vice President of Community Colleges for Southern California Educational Theatre Association. Member: Screen Actors Guild Founding Associate member, Board of Directors San Diego Theater League. Board of Trustees, San Diego Theater League. Board of Dircctors, San Diego Young Audiences. Board of Directors and Appointee to the Public Arts Advisory Council of the County of San Diego, District 1. Appoioted by Brian Bilbrey Advisory Board, The Chula Vista Arts Council 2000. Associate Director of the New Public Theater San Diego, California. Artistic Advisor of Teatro Meta, Old Globe Theatre San Diego, California. Member of the Faculty Senatc Southwestern College. Member of the Theater Arts Projects Planning Group - Department 0 Education, San Diego County. Adjudicator: Associated Community Theater. Board member, Actors Alliance, County of San Diego, California. Personal: Born on May 10, 1944 io Mexico City, Mexico (Mother's Day). Faculty Adjunct to California Pacific University. Seventh edition of the Men of Achievement Publication. Eighth edition of the Men of Achievement Publication. Author, Television and Stage Actor. Mime, Professor. Director, Producer, Motivational Speaker and Community Activist. .21//J- J c5 o