HomeMy WebLinkAboutAgenda Packet 1996/03/26
Tuesday, March 26, 1996
6:00 p.m.
'" declare ynder penalty of perJtlry th.t 1 ani
employed by the City of C~L1'.~'a Vi,'}~:tJ ;n C~C
Office of the City CI"r!-t ami h,,~ i ..0~' ~i
this Agenda/Notice on tlw [>,;jj.:; :.;1 2:;.-.::j c~
the Public ervi os Bu:i":';;n: andj]~ City : ;L~J on
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Rerular Meetin2 of the Citv of Chula Vista Citv Council
Council Chambers
Public Services Building
CALL TO ORDER
1.
ROLL CALL:
Council members Alevy _, Moot _, Padilla _' Rindone _, and
Mayor Horton _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
March 19, 1996 (City Council Meeting) and March 19, 1996 (Joint
Meeting of the City Council/Redevelopment Agency)
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Christina Orozco - Mobilehome Rent Review Commission; and John Stokes _
Design Review Committee.
*****
Effective April 1, 1994, there hove been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be available in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 14)
The staff recommendations regarding the following iJems listed under the Consent Calendar will be enacted by
the Council by one motion wiJhout discussion unless a Councilmember, a member of the public or City staff
requests that the iJem be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green fonn to speak in favor of the staff recommendation; complete the pink fonn to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that there were no reportable actions taken in Closed
Session on 3/19/96. It is recommended that the letter be received and filed.
Agenda
-2-
March 26, 1996
6. ORDINANCE 2667 AMENDING SCHEDULE IX, SECTION 10.48.030 OF THE MUNICIPAL
CODE, INCREASING STATE LAW SPEED LIMITS IN CERTAIN
AREAS FROM 30 M.P.H. AND ESTABLISHING A SPEED LIMIT OF 3S
M.P.H. ON HILLTOP DRIVE FROM EAST RIENSTRA STREET TO
ORANGE AVENUE (second readiDl! and adoDtion) - Based on provisions of
the California Vehicle Code Section 40803, and pursuant to authority under the
Municipal Code Section 10.48.030, staff has determined that based on a traffic
and engineering study, the speed limit on Hilltop Drive between East Rienstra
Street and Orange Avenue be increased from 30 m.p.h. to 35 m.p.h. Staff
recommends Council place the ordinance on second reading and adoption.
(Director of Public Works)
7. ORDINANCE 2668 AMENDING CHAPTER 10.80 OF THE MUNICIPAL CODE RELATING
TO ABANDONED VEmCLES (first readiDl!) - Chapter 10.80 of the
Municipal Code establishes specific requirements and procedural steps for the
abatement and removal of wrecked, inoperable, or abandoned vehicles from any
private or public property, not including highways. In order to improve the
City's code enforcement capabilities, staff is recommending minor changes to
Chapter 10.80 to streamline the process and to ensure compatibility with the
1995 California Vehicle Code. Staff recommends Council place the ordinance
on first reading. (Director of Building and Housing)
8. RESOLUTION 18236 APPROVING A CHANGE ORDER TO THE CONTRACT WITH THE
R.B. CLARK GROUP TO CONSTRUCT PHASE II OF THE CLAPPER
RAIL EXHIBIT AT THE CHULA VISTA NATURE CENTER AND
APPROPRIATING $55,000 TO ACCOUNT NUMBER 415-4150-533 - On
9/19/95, Council approved a contract with the R.B. Clark Group to construct
the Clapper Rail Exhibit, Phase J. A major gift has been received for the
Clapper Rail Exhibit. The contractor for Phase I, which is now complete, is
still on site and has submitted a good bid. Phase II consists of the avian
husbandry building. Staff recommeuds approval of the resolution. (Executive
Director, Bayfront Conservancy Trust) 4/sth's vote required.
9. RESOLUTION 18237 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF
INTERMEDIATE AND FULL-SIZE PICK-UP AND UTILITY TRUCKS -
The fiscal year 1995196 equipment replacement budget provides for the purchase
of replacement intermediate and full-size pick-up trucks and utility vehicles. On
2/26/96, bids were accepted for the purchase of the vehicles. Staff recommends
approval of the resolution. (Director of Public Works)
10. RESOLUTION 18238 ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "BONITA
ROAD BICYCLE LANE WEST OF INTERSTATE 80S IN THE CITY
(STM-31l)" PROJECT - On 3/6/96, bids were received. The work consists
of providing an additional bike lane for east bound bicyclists on the south side
of Bonita Road including the construction of curb, gutters, sidewalks,
driveways, storm drainage, asphalt pavement, traffic control, and other
miscellaneous work as shown on the plans. Staff recommends approval of the
resolution awarding the contract to Basile Construction, Inc. in the amount of
$89,699.33. (Director of Public Works)
Agenda
-3-
March 26, 1996
11. RESOLUTION 18239 ACCEPTING BIDS AND AWARDING CONTRACT FOR "TREE
REMOVAL AND SIDEWALK REPLACEMENT AT VARIOUS
LOCATIONS (FISCAL YEAR 1995/96 PROGRAM) IN THE CITY" AND
AUTHORIZING STAFF TO INCREASE QUANTITIES TO EXPEND ALL
AVAILABLE FUNDS FOR TIDS PROJECT - On 3/13/96, bids were
received. The work consists of removal and replacement of curbs, gutters,
sidewalks, and driveways which have been displaced by tree roots on various
streets within the City. The work also includes removal of the trees and roots
causing the displacements. Staff recommends approval of the resolution
awarding the contract to Star Paving, Inc. in the amount of $41,825. (Director
of Public Works)
12. RESOLUTION 18240 APPROVING AN AGREEMENT WITH THE UNITED STATE OLYMPIC
COMMITTEE TO PROVIDE FOR THE MAINTENANCE AND
OPERATION OF THREE SEWER PUMP STATIONS SERVING THE
OLYMPIC TRA1NING CENTER - The Olympic Training Center (OTe)
requires the services of three sewer pump stations to pump sewage to the City
maintained sewer system. The OTC staff does not have the equipment or
expertise to maintain the sewer pump stations. OTC has requested that the City
maintain the pump stations and be reimbursed the associated costs by OTC.
Staff recommends approval of the resolution. (Director of Public Works)
13. RESOLUTION 18241 APPROVING CHANGE ORDER NUMBER 4 FOR THE MEMORIAL
PARK GYMNASIUM - PLUNGE - PARKWAY COMPLEX BUILDING
RENOVATION IMPROVEMENTS, PHASE I PROJECT (PR-162) AND
AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE
ON BEHALF OF THE CITY - On 9/19/95, Council awarded a contract to
Woodburn Construction Company for the renovation improvements. The work
includes remodeling of the gymnasium restrooms and dressing rooms, renovation
of pool lobby , restrooms, and dressing rooms, including heating and ventilation
and compliance with all new ADA and DBC requirements. Change Order
Number 4 incorporates revisions to the plumbing system, as well as the
structural steel for the heating and ventilation system. Staff recommends
approval of the resolution. (Director of Public Works and Director of Parks and
Recreation)
14. RESOLUTION 18242 APPROPRIATING $875 IN INTEREST FUNDS AND ESTABLISHING A
BUDGET FOR THE ADMINISTRATION OF THE ANNUAL GAYLE
MCCANDLISS ART AWARDS - In January of 1993, Council approved
guidelines for the Gayle McCandliss Memorial Fund. Staff's recommendations
are based on guidelines and directions of the Cultural Arts Commission. Staff
recommends approval of the resolution. (Director of Parks and Recreation)
4/5th's vote required.
* * END OF CONSENT CALENDAR * *
",
Agenda
-4-
March 26, 1996
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendation; complete
the pink form to speak in opposition to the staff recommendation.) Comments are limited to five minutes per
individual.
IS.
PUBLIC HEARING
PCM-94-04; CONSIDERATION OF A STREET NAME CHANGE FOR
THE SEGMENT OF EAST ORANGE A VENUE BETWEEN HUNTE
PARKWAY AND WUESTE ROAD - The proposal consists of changing the
street name to "Olympic Parkway." This is the first phase of an overall
program to rename East Orange Avenue from Interstate 805 to Wueste Road.
Future street name change phases will occur as the area along East Orange
Avenue is developed. Staff recommends approval of the resolution. (Director
of Planning)
RESOLUTION 18243 APPROVING A STREET NAME CHANGE FOR THE SEGMENT OF
EAST ORANGE AVENUE BETWEEN HUNTE PARKWAY AND
WUESTE ROAD TO OLYMPIC PARKWAY
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is !l!l1. an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Form" availoble in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
16. RESOLUTION 18244 APPROVING AN AGREEMENT WITH EASTLAKE DEVELOPMENT
COMPANY FOR FINANCING, DESIGN AND CONSTRUCTION OF A
COMMUNITY CENTER - On 12/12/95, Council considered the Sectional
Planning Amendment (SPA) and Public Facilities Financing Plan (PFFP) for
EastLake Greens. Although Council approved the SPA and PFFP, they deferred
a final decision on the PFFP language dealing with the community center until
a resolution could be reached on the financing and construction of the facility.
Staff recommends approval of the resolution. (Director of Parks and
Recreation)
Agenda
-5-
March 26, 1996
17. RESOLUTION 18234 ACCEPI'ING BID AND AWARDING CONTRACT FOR "PLACEMENT
OF ASPHALT RUBBER HOT MIX OVERLAY FOR FISCAL YEAR
1995/% OVERLAY PROGRAM ON VARIOUS STREETS IN THE CITY
(STL-224)" AND AUTHORIZING STAFF TO INCREASE QUANTITIES
TO EXPEND ALL A V AILABLE FUNDS FOR TIDS PROJECT - On
2/28/96, bids were received. The work consists of providing asphalt rubber hot
mix I1h" thick overlay on various streets. The work includes the removal of
alligator pavement areas and replacement with asphalt concrete pavement, the
cold milling of street pavement in certain areas, AC leveling courses, signal
loops, traffic control, adjustment of sewer manholes, adjustment of survey well
monuments, french drain system, and other miscellaneous work. Staff
recommends approval of the resolution awarding the contract to SRM
Contracting and Paving in the amount of $517,322.20. (Director of Public
Works) Continued from the meeting of 3/19/96.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council wiil discuss items which have been removed from the Consent Calendar.
Agenda items puUed at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
18. CITY MANAGER'S REPORTIS)
a. Scheduling of meetings.
19. MAYOR'S REPORTlS)
20. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on April 9, 1996
at 6:00 p.m. in tbe City Council Chambers.
A Special Joint Meeting of the City CouncillRedevelopment Agency will be beld immediately following tbe City
Council Meeting.
Agenda
-6-
March 26, 1996
*.........*
CLOSED SESSION
Unless the CiJy Attorney, the City Mat/llger or the CiJy Council states otherwise at this time, the Council will
discuss and deliberote on the following items of business which are pennilted by law to be the subject of a clased
session discussion, and which the Council is advised should be discussed in clased session to best protect the
interests of the CiJy, The Council is required by law to return to open session, issue any reports of {it/lll action
taken in clased session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be tenninated at this point in order to save costs so that the Council's return from
closed session, reports of.fi!Hll action taken, and a4joumment will not be videotaped. Nevertheless, the report
of fit/lll action taken will be recorded in the minutes which will be available in the City Clerk's Office.
21. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Government Code Section 54956.9
. Christopher vs. the City of Chula Vista.
. Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
. SNMB, L.P. vs. the City of Chula Vista.
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Associated General Contractors of San Diego vs. the City of Chula Vista.
. EastLake Park issues.
CONFERENCE WITH REAL PROPERTY NEGOTIATOR - Pursuant to Government Code Section
54956.8
.
Property:
Approximately 72.5 acres of property located at the southwest quadrant
of Otay Valley Road and Otay Rio Road. Chula Vista.
Negotiating parties:
City of Chula Vista, Los Alisos Company. and MCA Concerts, Inc.
Under negotiation:
Extension of escrow for Ground Lease, Tri-Party Agreement and
Sublease Agreements for the above-described property proposed for
development into a 20,000 seat amphitheater.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAFF, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Association (POA) and International Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
22. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
****'"
'---
March 21, 1996
SUBJECT:
The Honorable Mayor and city C01=il
~ ...,...~
John D. GoSS, city Manager J/ (j
City council Meeting of March 26, 1996
TO:
FROM:
This will transmit the agenda and related materials for the regular
City council meeting of Tuesday, March 26, 1996. Comments
regarding the written communications are as follows:
5a. This is a letter from the City Attorney stating that there
were no observed reportable actions taken by the city Council
in Closed Session on March 19, 1996.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
JDG:mab
"
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~
~~~.;F
OlY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
March 20, 1996
From:
The Honorable Mayor and City Council
The Chairman and Members of the Rertlilopment Agency
Bruce M. Boogaard, City Attorney~
Report Regarding Actions Taken in Closed session
for the Meeting of 3/19/96
To:
Re:
The city Council met in Closed Session to discuss EastLake Park
issues, the pending litigation of SNMB, L.P. v. City of Chula vista
and the Asphalt Overlay Issue. The Redevelopment Agency and City
Council discussed the Transfer station Facility.
The City Attorney and General Legal Counsel for the Agency hereby
reports to the best of his knowledge from observance of actions
taken in the Closed Session of March 19, 1996, there were no
actions that are required to be reported under the Brown Act.
BMB: 19k
C:\lt\clossess.no
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276 FOURTH AVENUE. CHULA VISTA' CALIFORNIA 91910 . (619) 691-5037 . FAX (619) 585-5612
'/~~Prs~Fle:)dadP~
ITEM NUMBER:
~
RESOLUTION NUMBER:
ORDINANCE NUMBER:
c::f( 6 ~ 7
OTHER:
COm-MCT #
CONTRACT /RESOLlfTION DATE:
ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM
.
DATE:
AGENDA PACKET SCANNED (DATE):
ITEM NUMBER REFERENCED ABOVE HAS BEEN CONTlrWCD TO
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TITLE OR DESCRIPTION:
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COUNCIL AGENDA STATEMENT
Item No.:
7
Meeting Date:
3/26/96
ITEM TITLE:
:l.~,y
Ordinance Amending Chapter 10.80 of the Chula
Vista Municipal Code relating to abandoned vehicles.
REVIEWED BY:
Director of Building and HOU~~~
~ 1(; ,1'
City Manager ;1' .In (4/5ths Vote: Yes_
No -1U
SUBMITTED BY:
Chapter 10.80 of the Municipal Code establishes specific requirements and procedural
steps for the abatement and removal of wrecked, inoperable, or abandoned vehicles
from any private or public property, not including highways. Chapter 10.80 has
continued to serve as the basis for code enforcement efforts in this area, and has
helped preserve our community by ensuring that vehicles are not stored or repaired in
a manner that creates a public nuisance.
In order to improve the City's code enforcement capabilities, staff is recommending five
changes to Chapter 10.80 of the Municipal Code. These changes will streamline the
abatement process, and ensure compatibility with the modifications regarding vehicle
abatement in the 1995 California Vehicle Code.
1) Section 10.80.080 chanaes by specifying the Board of Appeals and
Advisors, instead of the City Council, as the body to hear appeals of
abatement notices issued for abandoned or inoperable vehicles. This
change is consistent with the 1995 California Vehicle Code which allows
the governing body of any city to designate a board or an official to hear
abandoned/inoperative vehicle appeals. Within San Diego County, the
cities of Carlsbad, Del Mar, and San Diego have designated a body, other
than the City Council, to hear such appeals.
2) Section 10.80.060 chanaes the method of notification of abatement
actions to certified mail rather than registered mail ($2.20/unit vs.
$5.95/unit). This cost reduction measure is permissible under Section
22661(d) of the 1995 California Vehicle Code.
3) Section 10.80.030(A) chanaes by the addition of specific wording
1
7-/
clarifying the suitability of a six foot high solid fence, gate or wall to screen
inoperative, or otherwise dismantled vehicles and parts from being readily
visible when being stored on residential property.
4) Section 10.80.020(E) clarifies the definition of Building Official as the Director
of Building and Housing.
5) Section 10.80.020(F) defines the term, "city abatement officer" to be
consistent with similar language found in Chapter 1.30 of the Municipal Code.
RECOMMENDATION: THAT THE CITY COUNCIL APPROVE THE AMENDMENTS
TO CHAPTER 10.80 OF THE MUNICIPAL CODE BY PLACING THE ORDINANCE ON
THE FIRST READING.
BOARD/COMMISSION RECOMMENDATION:
The Board of Appeals and Advisors met in regular session on September 18, 1995, and
unanimously approved the aforementioned amendments to the Municipal Code.
DISCUSSION:
The proposed change designating the Board of Appeals and Advisors as the appellate
body for vehicle abatement in lieu of the City Council is fully consistent with appeal and
due process requirements of the 1995 California Vehicle Code, Section 22661. This
level of appeal is compatible with the issues heard by the Board of Appeals, in that
vehicle abatement involves aspects of code enforcement which the Board is already
familiar with. In the past, there have been significant vehicle abatement cases where
staff has exercised flexibility by working closely with property owners in lieu of taking
such concerns before the City Council. Staff believes this will lead to improved
communications between residents and the City, since many individuals associated with
abandoned/inoperative vehicles would feel more inclined to disclose their concerns to
an Appeals Board, rather than to do so at a televised City Council meeting.
The change in posting the noticing requirements from registered to certified mail is
authorized under the same section of the California Vehicle Code, and is designed to
expedite public noticing of appeals and also reduce costs. A majority of San Diego
County jurisdictions use certified mail for such notices now. There is also less staff
time required in posting certified mail.
The proposed change to Section 10.80.030 adds a sentence spelling out the suitability
of a solid six foot high fence or wall as a method of shielding inoperative vehicles from
being readily visible from the public right-of-way. This proposed change provides
clarification of language currently within the Chula Vista Municipal Code.
Each of the proposed modifications to the Chula Vista Municipal Code, Chapter 10.80,
have been reviewed by the City Attorney's Office and the Police Department for legal
2
7,.2.
application and procedural consistency with each respective entity, and each concur
with the proposed modifications.
FISCAL IMPACT: The change in noticing requirements from registered mail to
certified mail will result in an estimated annual savings to the Department of $600.00
in postage.
Att: CVMC, Chapter 10.80 proposed revisions
N\SHARED\BLD_HSG\OOREVA11
3
7-3 /;-1
ORDINANCE NO.
.J."~ 1"
AN ORDINANCE OF THE CITY OF CHULA VISTA,
CALIFORNIA AMENDING CHAPTER 10.80 OF THE
CHULA VISTA MUNICIPAL CODE RELATING TO
ABANDONED VEHICLES
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES ORDAIN AS
FOLLOWS;
SECTION I. That Chapter 10.80 of the ChuIa Vista Municipal Code is hereby
amended to read as follows;
Sections:
10.80.010
10.28.020
10.28.030
10.28.040
10.28.050
10.28.060
10.28.070
10.28.080
10.28.090
10.80.100
10.80.110
10.80.120
10.80.010
Chapter 10.80
Abandoned Vehicles
Purpose and intent of provisions - Vehicle declared nuisance when.
Definitions.
Exemptions from applicability - Scope.
Regulations not exclusive.
Enforcement authority - Right of entry for examination.
Abatement - Costs - Procedure generally - Notices required - Form.
Abatement - Public hearing required when - Notice - ZaDiDg
EDfereemeDt Oft'ieer Buildin!! Official or his or her desi!!nee authority.
Appeal of decision - Public hearing - Notice - City CaDDeil Board of
Appeals and Advisors authority.
Disposal of vehicle - Time requirements.
Notification and transfer of evidence required when.
Costs - Assessment and collection procedures.
Removal of vehicles from streets authorized when.
Purpose and intent of provisions - Vehicle declared nuisance when.
The purpose and intent of the Council in adopting Sections 10.80.010 through
1O.80.HG 120 is to establish procedures in accordance with the provisions of Section 22660
of the California Vehicle Code for the abatement, removal and dismantling as public
nuisances of abandoned, wrecked, dismantled or inoperative vehicles or parts thereof from
private property or public property, not including highways, and the recovery of the cost of
administration and removal thereof pursuant to the provisions of Section 38773.5 of the
Government Code of the State of California. In addition to and in accordance with the
determination made and the authority granted by the State of California under Section
22660 of the Vehicle Code of the State of California to remove abandoned, wrecked,
7,>
Ordinance No.
Page 2
dismantled or inoperative vehicles or parts thereof as public nuisances, the City makes the
following findings and declarations:
The accumulation and storage of abandoned, wrecked, dismantled or
inoperative vehicles or parts thereof on private or public property not
including highways is found to create a condition tending to reduce the value
of private property, to promote blight and deterioration, to invite plundering,
to create fire hazards, to constitute an attractive nuisance creating a hazard
to the health and safety of minors, to create a harborage for rodents and
insects and to be injurious to the health, safety and general welfare.
Therefore, the presence of an abandoned, wrecked, dismantled or inoperative
vehicle or parts thereof, on private or public property not including highways,
except as expressly hereinafter permitted, is declared to constitute a public
nuisance which may be abated as such in accordance with the provisions of
Sections 10.80.010 through 1O.80.m 120.
10.80.020
Definitions.
As used in Sections 10.80.010 through 1O.80.m 120, the following terms and phrases
shall be interpreted and construed as set forth herein:-
A. "Highway" means a way or place of whatever nature, publicly maintained and open
to the use of the public for purposes of vehicular travel. Highway includes street.
The term "public property" does not include "highway".
B. "Owner of the land" means the owner of the land on which the vehicle, or parts
thereof, is located, as shown on the last equalized assessment roll.
C. "Owner of the vehicle" means the last registered owner, and legal owner of record.
D. "Vehicle" means a device by which any person or property may be propelled, moved
or drawn upon a highway, except a device moved by human power or used
exclusively upon stationary rails or tracks.
E. "Buildinl!: Official" shall mean the Director of Buildinl!: and Housinl!: and/or his or her
desil!:nee.
F. "City abatement officer" shall be the City officer responsible for enforcement of the
ordinances beinl!: violated and who initiallv declares said violation to be a public
nUisance.
7-?
Ordinance No.
Page 3
10.80.030
Exemptions from applicability - Scope.
The provisions of Sections 10.80.010 through 1O.80.m 120 shall not apply to:
A. A vehicle, or parts thereof, which is completely enclosed within a building in a lawful
manner. or otherwise stored in a lawful manner behind a solid fence. gate or wall not
less than six feet in height. and where it is not readilv visible from the street or other
public or private property; or
B. A vehicle, or parts thereof, which is stored or parked in a lawful manner on private
property in connection with the business of a licensed dismantler, licensed vehicle
dealer, a junk dealer, or when such storage or parking is necessary to the operation
of a lawfully conducted business or commercial enterprise.
Nothing in this section shall authorize the maintenance of a public or private
nuisance as defined under the provisions of law other than Chapter 10 (eommeHeiHg
with SeetioH 221'!50) of Division II 11 of the Vehicle Code of the State of California,
and Sections 10.80.010 through 1O.80.m 120.
10.80.040
Regulations not exclusive.
The provisions of Sections 10.80.010 through 1O.80.m 120 are not the exclusive
regulation of abandoned, wrecked, dismantled or inoperative vehicles within the City. They
shall supplement and be in addition to the other regulatory codes, statutes and ordinances
heretofore or hereafter enacted by the City, the State, or any other legal entity or agency
having jurisdiction.
10.80.050
Enforcement authority - Right of entry for examination.
Except as otherwise provided herein, the provisions of Sections 10.80.010 through
1O.80.m 120 shall be administered and enforced by the zOHiHg eHfereemeHt effieer city
abatement officer. In the enforcement of the sections cited above, such officer and his
deputies may enter upon private or public property to examine a vehicle or parts thereof,
or obtain information as to the identity of a vehicle (and to remove or cause the removal
of a vehicle or parts thereof) declared to be a nuisance pursuant to the sections cited above,
in accord with right-of-entry provisions set forth in Section 1.16.010 of this code.
10.80.060
Abatement - Costs - Procedure generally - Notices required - Form.
7''1
Ordinance No.
Page 4
A. When the City Council has contracted with or granted a franchise to any person or
persons, such person or persons shall be authorized to enter upon private property
or public property, in accord with right-of-entry provisions set forth in Section
1.16.010 of this Code, to remove or cause the removal of a vehicle or parts thereof
declared to be a nuisance pursuant to Sections 10.80.010 through 1O.80.-U-Q 120.
B. The City Council shall, from time to time, determine and fix an amount to be
assessed as administrative costs, excluding the actual cost of removal of any vehicle
or parts thereof, under the sections cited above.
C. Upon discovering the existence of an abandoned, wrecked, dismantled, or inoperative
vehicle, or parts thereof, on private property or public property within the City, the
z8HiHg eHforeemeHt offieer city abatement officer shall have the authority to cause
the abatement and removal thereof in accordance with the procedures prescribed
herein.
D. A 1O-day notice of intention to abate and remove the vehicle, or parts thereof, as a
public nuisance shall be mailed by regiGterea certified mail to the owner of the land
and to the owner of the vehicle, unless the vehicle is in such condition that
identification numbers are not available to determine ownership. The notices of
intention shall be in substantially the following forms:
"NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLE, OR PARTS 1HEREOF, AS A PUBLIC NUISANCE TO:
(Name and address of owner of the land)
As owner shown on the last equalized assessment roll of the land
located at (address of property), you are hereby notified that the
undersigned, pursuant to .'\i'tiele 23 of ChilfJter 19 Chapter 1.30 of
Title 1 of the Chula Vista Gity Municipal Code has determined that
there exists upon said land an (or parts of an) abandoned, wrecked,
dismantled or inoperative vehicle, registered to (name of owner of
vehicle), license number , which constitutes a public nuisance
pursuant to the provisions of .\rtiele 23 of Chapter 19 Chapter 1.30 of
Title 1 of the Gity Municipal Code.
You are hereby notified to abate said nuisance by the removal of said
vehicle (or said parts of a vehicle) within ten (10) days from the date
of mailing of this notice, and upon your failure to do so, the same will
be abated and removed by the City and the costs thereof, together with
administrative costs assessed to you as owner of the land on which said
7-1'
Ordinance No.
Page 5
vehicle (or said parts of a vehicle) is located.
As the owner of the land on which said vehicle (or said parts of a
vehicle) is located, you are hereby notified that you may, within ten
(10) days after the mailing of this notice of intention, request a public
hearing and if such a request is not received by the City COHHeil
Building Official or his or her designee within such ten (10) day
period, the zOHiHg eBfereemeBt sHiesr city abatement officer shall
have the authority to abate and remove said vehicle (or said parts of
a vehicle) as a public nuisance and assess the costs as aforesaid
without a public hearing. You may submit a sworn written statement
with such ten (10) day period denying responsibility for the presence
of said vehicle (or said parts of a vehicle) on said land, with your
reasons for denial, and such statement shall be construed as a request
for hearing at which your presence is not required. You may appear
in person at any hearing requested by you or the owner of the vehicle,
or in lieu thereof, may present a sworn written statement as aforesaid
in time for consideration at such hearing.
Notice Mailed: (Date)
"NOTICE OF INTENTION TO ABATE AND REMOVE
AN ABANDONED, WRECKED, DISMANTLED OR INOPERATIVE
VEHICLE, OR PARTS THEREOF, AS A PUBLIC NUISANCE TO:
(Name and address of last registered and/or
legal owner of record of vehicle -
notice should be given to both if different)
As last registered (and/or legal) owner of record of (description of
vehicle - make, model, license, etc.), you are hereby notified that the
undersigned, pursuant to Section 10.80.010, has determined that said
vehicle (or parts of a vehicle) exists as an abandoned, wrecked,
dismantled or inoperative vehicle at (describe location on public or
private property) and constitutes a public nuisance pursuant to the
provisions of said Code section.
You are hereby notified to abate said nuisance by the removal of said
vehicle (or said parts of a vehicle) within ten (10) days from the date
of the mailing of this notice.
?"9
Ordinance No.
Page 6
As registered (and/or legal) owner of record of said vehicle (or said
parts of a vehicle), you are hereby notified that you may, within ten
(10) days after the mailing of this notice of intention, request a public
hearing and if such a request is not received by the 20ning
enfareement offieer Building Official or his or her designee within
such ten (10) day period, the 20ning enforeement offieer city
abatement officer shall have the authority to abate and remove said
vehicle (or said parts of a vehicle) without a hearing.
Notice Mailed: (Date)
10.80.070
Abatement - Public hearing required when - Notice - Zoning €nfureement
effieer Buildinl! Official or his or her designee authority.
A. Upon request by the owner of the vehicle or the owner of the land received by the
zaning enforeement affieer Building Official or his or her designee within ten days
after the mailing of the notice of intention to abate and remove, a public hearing
shall be held by the 2EIBing enforeement offieer Building Official or his or her
designee on the question of abatement and removal of the vehicle or parts thereof
as an abandoned, wrecked, dismantled or inoperative vehicle, and the assessment of
the administrative costs and the cost of removal of the vehicle or parts thereof
against the property on which it is located.
B. If the owner of the land submits a sworn written statement denying responsibility for
the presence of the vehicle on his land within such ten-day period, said statement
shall be construed as a request for a hearing which does not require his presence.
Notice of the hearing shall be mailed by registered certified mail, at least ten days
before the hearing to the owner of the land and to the owner of the vehicle, unless
the vehicle is in such condition that identification numbers are not available to
determine ownership. If such a request for hearing is not received within said ten
days after mailing of the notice of intention to abate and remove, the City shall have
the authority to abate and remove the vehicle or parts thereof as a public nuisance
without holding a public hearing.
C. All hearings under Sections 10.80.010 through 1O.80.-l-W 120 shall be held initially
before the zoning enfareement offieer Building Official or his or her designee, who
shall hear all facts and testimony he deems pertinent. Said facts and testimony may
include testimony on the condition of the vehicle or parts thereof and the
circumstances concerning its location on said private property or public property.
The zaning enfareement offieer Building Official or his or her designee shall not be
limited by the technical rules of evidence. The owner of the land may appear in
?/Q
Ordinance No.
Page 7
person at the hearing or present a sworn written statement in time for consideration
at the hearing, and deny responsibility for the presence of the vehicle on the land,
with his reasons for such denial.
D. The zOBiag eBforeemeBt ofrieer Building Official or his or her designee may impose
such conditions and take such other action as he deems appropriate under the
circumstances to carry out the purpose of Sections 10.80.010 through 1O.80.m 120.
He may delay the time for removal of the vehicle or parts thereof if, in his opinion,
the circumstances justify it. At the conclusion of the public hearing, the zOBiag
eHfareemeHt offieer Building Official or his or her designee may find that a vehicle
or parts thereof has been abandoned, wrecked, dismantled or is inoperative on
private or public property and order the same removed from the property as a public
nuisance and disposed of as hereinafter provided and determine the administrative
costs and the cost of removal to be charged against the owner of the land. The
order requiring removal shall include a description of the vehicle or parts thereof
and the correct identification number and license number of the vehicle, if available
at the site. If it is determined at the hearing that the vehicle was placed on the land
without the consent of the owner of the land and that he has not subsequently
acquiesced in its presence, the zaaiag eHforeemeat offieer Building Official or his or
her designee shall not assess the costs of administration or removal of the vehicle
against the property upon which the vehicle is located or otherwise attempt to collect
such costs from such owner of the land. If the owner of the land submits a sworn
written statement denying responsibility for the presence of the vehicle on his land
but does not appear, or if an interested party makes a written presentation to the
zoaiag eaforeemeat affieer Building Official or his or her designee but does not
appear, he shall be notified in writing of the decision.
10.80.080
Appeal of decision - Public Hearing - Notice - Cit,' CouBcil Board of Appeals
and Advisors authority.
Any interested party may appeal the decision of the zoaiag eBfafeemeat offieer
Building Official or his or her designee by filing a written notice of appeal with the Gity
CmlHeil Board of Appeals and Advisors within five days after his decision. Such appeal
shall be heard by the City CORBeil Board of Appeals and Advisors which may affirm, amend
or reverse the order or take other action deemed appropriate. The City Clerk Secretary to
the Board of Appeals and Advisors shall give written notice of the time and place of the
hearing of the appellant and those persons specified above. In conducting the hearing, the
City CORBeil Board of Appeals and Advisors shall not be limited by the technical rules of
evidence.
/-11
Ordinance No.
Page 8
10.80.090
Disposal of vehicle - Time requirements.
Five days after adoption of the order declaring the vehicle or parts thereof to be a
public nuisance, five days from the date of mailing of notice of the decision if such notice
is required by Sections 10.80.010 through 1O.80.+W 120, or fifteen days after such action of
the governing body authorizing removal following appeal, the vehicle or parts thereof may
be disposed of by removal to a scrapyard or automobile dismantler's yard. After a vehicle
has been removed it shall not thereafter be reconstructed or made operable.
10.80.100
Notification and transfer of evidence required when.
Within five days after the date of removal of the vehicle or parts thereof, notice shall
be given to the Department of Motor Vehicles identifying the vehicle or parts thereof
removed. At the same time there shall be transmitted to the Department of Motor Vehicles
any evidence of registration available, including registration certificates, certificates of title
and license plates.
10.80.110
Costs - Assessment and collection procedures.
If the administrative costs and the cost of removal which are charged against the
owner of a parcel of land pursuant to Section 38771 et seq. of the Government Code and
Chapter 1.30 of this code are not paid within thirty days of the date of the order, or the
final disposition of an appeal therefrom, such costs shall be assessed against the parcel of
land pursuant to Section 38773.5 of the Government Code and shall be transmitted to the
tax collector for collection. Said assessment shall have the same priority as other City taxes.
10.80.120
Removal of vehicles from streets authorized when.
Any regularly employed and salaried officer of the Police Department may remove
or cause to be removed:
A. Any vehicle which is parked or left standing upon a street or highway for seventy-two
or more consecutive hours;
B. Any vehicle which is parked on a highway in violation of any provision of this title,
the Vehicle Code or other law or ordinance forbidding standing or parking, when the
use of such highway or a portion thereof is necessary for the cleaning, repair or
construction of the highway or for the installation of underground utilities, and signs
giving notice that such vehicle may be removed are erected and placed at least
twenty-four hours prior to the removal;
")-/.1.
Ordinance No.
Page 9
C. Any vehicle parked upon a highway which has been authorized by the Council or
other competent authority for a purpose other than the normal flow of traffic, or for
the movement of equipment, articles or structures of unusual size, and the parking
of said vehicle would prohibit or interfere with such use or movement, providing that
signs giving notice that such vehicle may be removed are erected or placed at least
twenty-four hours prior to the removal of such vehicle;
D. Any vehicle parked or left standing, when the City Council by resolution or
ordinance has prohibited such parking and has authorized the removal by ordinance.
No vehicle may be removed unless signs are posted giving notice of the removal.
Section II. Effective Date.
This ordinance shall take effect and be in force on the thirtieth day from and after
its passage and approval.
APO dl 0 hi)
Bruce M. Boogaa
City Attorney
. Presented by
Kenneth G. Larsen, C.B.O.
Director of Building and Housing
7"'13
Item
l'
COUNCIL AGENDA STATEMENT
Meeting Date 3/26/%
Resolution /fJ'.2:Jt.1) granting a change order to the contract
with the R B. Clark Group to construct Phase II of the Clapper
Rail Exhibit at the Chula Vista Nature Center and 2)
appropriating $55,000 to account number 415-4150-5333.
SUBMITTED BY: Executive Director, Bayfront Conservancy Trust ~
REVIEWED BY: City Manager P- ~ J G
ITEM TITLE:
(4/5ths Vote: Yes-X _No_)
On September 19, 1995 the Chula Vista City Council awarded a contract (#C095-188)
to the RB. Clark Group in the amount of $114,300 to construct the Clapper Rail
Exhibit in Resolution #R18034. Phase I construction is now complete and both the
BCT and the exhibit architects, The Portico Company, are most pleased with the
quality of the workmanship.
The BCT has just received a major gift in the amount of $55,000 for construction of
the Clapper Rail Exhibit from David A. Wergeland and Dr. Floyd 1. Wergeland, Jr.
To care for all of our birds and particularly Clapper rails, an avian husbandry
building was included in the exhibit design. It is important that we build that
facility as soon as possible to care for our current and future collection of exhibit and
teaching birds.
The exhibit contractor is still on site and has submitted a bid in conformance with
the architects estimate of costs to build the avian husbandry building. The donor
has approved this use of his designated gift. The Building Services Division has
reviewed the bid and found it to be reasonable.
RECOMMENDATION: That Council: 1) grant the change order in the
amount of $45,000 to the contract with the R B. Clark Group to construct Phase II of
the Clapper Rail Exhibit and 2) appropriate the $55,000 donation to account 415-4150-
5333.
BOARD/COMMISSION RECOMMENDATION:
The Bayfront Conservancy Trust Board of Directors has authorized and directed the
Executive Director to construct the exhibit as soon as possible.
DISCUSSION:
The Clapper Rail Project is a comprehensive plan to prevent the extinction of the
most seriously endangered species in San Diego Bay, the Light-footed Clapper Rail.
This is a multifaceted project that depends on community support and many
8'.../
I
volunteers. It includes endangered species, coastal wetlands and a bilingual
(English/Spanish) curriculum of environmental education on wetland restoration
and the conservation of endangered species. This project promotes a strong
conservation ethic for saving wetlands and endangered species through volunteer
participation and hands-on education programs. Saving coastal wetlands in general
and a critically endangered species in particular, within the San Diego Bay, has both
regional and national significance by demonstrating a concern for the natural
resources of the u.s.
The Clapper Rail Exhibit is expected to be a major draw attraction for the Nature
Center and will therefore increase both attendance and earned revenue for the
Center.
The California Coastal Commission issued a construction permit for the project
(Coastal development Permit #6-94-104/BP) on 9/16/94. That permit was issued as a
modification to an existing structure under CVCP #001, 6-89-179. We have a City of
Chula Vista Building permit and a Notice of Exemption has been issued.
The US Fish and Wildlife Service has issued a permit to hold and exhibit the
endangered, Light-footed Clapper rail (USF&W Special Possession Permit #771283,
effective 1/1/95 -12/31/97).
We have divided the exhibit construction into three phases. The total cost of the
project is estimated to be $350,000. Phase I is the boardwalk and tidal slough and cost
$114,300. Phase IT is a small building for isolating sick or injured birds, raising food
and equipment storage and R. B. Clark's bid is $40,847 and allowing for
contingencies $45,000. Phase ill is the aviary and interpretive features which are
estimated to cost $190,000.
The justifications for the change order are detailed below.
1. HIGHLY SPECIALIZED SOLE SOURCE
Zoo construction requires special knowledge and experience. This is a sensitive,
endangered species which requires special considerations for exhibition, life support
and husbandry. Aquatic Design Systems is a subcontractor to R. B. Clark and has
been our life support consultant since 1987 and we are confident that together they
can handle the complexity of this project.
Our goal is to secure an experienced contractor who can perform excellent work
within a short time period without any errors or omissions which could result in
harm to or loss of this critically endangered species.
2. EXPERIENCED CONTRACTOR 15 ALREADY ON SITE
This project requires special knowledge and experience, involves an endangered
species and must be completed quickly. The R. B. Clark Group has performed well
on Phase I construction. They are still on site and we will not incur additional
mobilization costs. The R. B. Clark Group with their prior knowledge of our
operations and specialized needs, has offered a bid of $40,847 to complete Phase IT
8'''-'-
construction. We are making allowances for unforeseen changes and a septic
connection and requesting a total of $45,000 for the change order.
3. PHASES I AND II ARE USEFUL AS AN EXHIBIT
Phase I construction included the living wetland ecosystem and the boardwalk.
While it will take some time to get the plants and animals established in the slough,
interpretation and education began with the construction. We have completed the
most difficult part of Phase I construction, the intake and discharge structures that
will provide the water for the tidal slough.
4. WORK ON THIS PHASE WILL ASSIST WITII ONGOING FUNDRAISING
Successful completion of Phase I has assisted in our efforts to raise the funds for
Phase II and together they will enhance efforts to raise funds needed to complete the
final Phase of the exhibit.
We will continue to use the City of Chula Building Services Division to manage the
construction of Phase II.
FISCAL IMPACT:
There will be no financial impact on the City because no City funds will be spent on
this project. All of the funding for this Phase comes from a private donor. None of
the construction funds is from the City of Chula Vista's General Fund nor any other
City fund. City support of the construction by the Building Services Division
(expected to be less than $1,000) will be charged to the project account.
The total cost of the project is estimated to be $350,000. Phase I is the boardwalk and
tidal slough and cost $114,300. Phase II is a small building for isolating sick or
injured birds, raising food and equipment storage and is bid at $45,000. Phase III is
the aviary and interpretive features estimated to cost $190,000.
1r'J 19-1
RESOLUTION NO. Jr:l.3t
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A CHANGE ORDER TO THE
CONTRACT WITH THE R. B. CLARK GROUP TO
CONSTRUCT PHASE II OF THE CLAPPER RAIL EXHIBIT
AT THE CHULA VISTA NATURE CENTER AND
APPROPRIATING $55,000 TO ACCOUNT NUMBER 415-
4150-5333
WHEREAS, on September 19, 1995 by Resolution No. 18034,
the city Council awarded a contract to the R. B. Clark Group in the
amount of $114,300 to construct the Clapper Rail Exhibit; and
WHEREAS, the Bayfront Conservancy Trust has received a
gift in the amount of $55,000 for construction of the Clapper Rail
Exhibit from David A. Wergeland and Dr. Floyd L. Wergeland, Jr.;
and
WHEREAS, staff recommends that we build an avian
husbandry building to care for the current and future collection of
exhibit and teaching birds; and
WHEREAS, the exhibit contractor is still on site and has
submitted a good bid to build the avian husbandry building and the
donor has approved this use of his designated gift.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
ci ty of Chula vista does hereby approve a change order in the
amount of $45,000 to R. B. Clark Group to construct Phase I f the
Clapper Rail Exhibit and appropriate the $ ,000 don t' on to
Account 415-4150-5333.
Stephen Neudecker,
Director, Bayfront
Trust
Executive
Conservancy
100])
Presented by
C: \ rs\clapper. co
g--:5"
COUNCIL AGENDA STATEMENT
ITEM TITLE:
ItemL
Meeting Date 3/26/96
Resolution I r..23 ~ccepting bids and awatding conttact for
purchase of intermediate and full-size pick-up and utility trucks.
if,
Director of Public Wor~
./.:' L iJ 'G
City Manager;)/ t"'"l (4/51HS vote: Yes ___ No_KJ
SUBMITTED BY:
REVIEWED BY:
The FY95-96 equipment replacement budget provides for the purchase of eight
replacement intermediate and full-size pick-up trucks and utility vehicles. On
February 26, 1996, the Purchasing Agent accepted bids for the purchase of these
vehicles.
RECOMMENDATION: That Council award the contract to the lowest responsible
bidders: to Mike Farguson Chevrolet (formerly South Bay Chevrolet), whose exceptions
to the bid specifications were reviewed by the Fleet Manager and accepted as
presented for items la, Ib, 2, and 5, @ $64,513.71; and to Bob Baker Ford for item 4 @
$20,725.90.
BOARDS & COMMISSION RECOMMENDATION:
Not applicable.
DISCUSSION:
The FY95-96 equipment replacement budget provides for the replacement of eight
pickup and utility trucks. Bid packages were mailed to fifteen (15) vendors with eight
(8) of them responding on February 26, 1996. These trucks are complete, including
bed liners, tool boxes, and hitches, when applicable. A tabulation of the bids is
attached. The tabulation shows the actual amount bid by each vendor as well as the
1% Sales Tax consideration for the two local vendors. The table below gives
information on the vehicles authorized for replacement in the FY95-96 Budget. Even
though the vehicles being replaced by items la, Ib, and 2 are relatively similar, the
specifications for the replacement vehicles are different to better meet the
departments' current needs.
Light and Medium Duty Truck Replacement List
FY95-96
BID ITEM DIVISION VEHICLES BEING REPLACED
NO NO ACTIVITY YR MAKE MODEL
1a 1520 PRK MAINT 86 FORD RANGER
1b 1522 BAYSIDE PK 87 FORD RANGER
2 1320 B&HINSPC 87 FORD RANGER
2 1320 B&HINSPC 86 FORD RANGER
2 1230 FIRE PREV 87 FORD RANGER
3 1520 PRK MAINT 88 CHEVROLET CREW CAB
4 4150 NIC 87 CHEVROLET 4X4
5 7000 PW EQP MNT 86 GMC UTILITY
,--/
Page 2, Item L
Meeting Date 03/26/96
After the opening of the bids, the City requested a different mix of vehicles than bid;
one (1) of item la and one (I) of item 2. The vendor agreed to use the unit prices as
bid and change the quantities. This reduction was possible because of a downsizing
of the fleet due to staff reductions. Additionally, after receipt of the bids, staff
reevaluated the condition of the Parks & Recreation crew cab pickup being replaced by
bid item #3 and decided to defer the replacement of this vehicle until FY96-97. These
two items change the total purchase price to $85,239.61.
ALTERNATIVE FUEL
As part of the specifications, vendors were encouraged to bid CNG (compressed
natural gas) fueled vehicles. No vendor responded to this request.
FISCAL IMPACT
The appropriation in the FY95-96 equipment replacement budget for purchase of
these units was $135,210.00. The total amount of the trucks and utility vehicle
including the 7% sales tax is $85,239.61. The replaced vehicles will be sold at the next
San Diego County Cooperative Auction. Due to the high mileage and condition of the
trucks being replaced, staff have found the County auction to yield a comparatively
high level of return when compared to the trade-in value or the staff intensive
alternative of selling them ourselves.
,... ..t.
RESOLUTION NO. 18'.2 J '}
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR PURCHASE OF INTERMEDIATE AND
FULL-SIZE PICK-UP AND UTILITY TRUCKS
WHEREAS, the FY95-96 equipment replacement budget
provides for the purchase of eight replacement intermediate and
full-size pick-up trucks and utility vehicles; and
WHEREAS, on February 26, 1996, the Purchasing Agent
accepted bids for the purchase of these vehicles as set forth in
Exhibit "A"; and
WHEREAS, after the opening of the bids, the City
requested a slightly different mix of vehicles than bid (one of
Item 1a and one of Item 2) and the vendor extended unit pricing for
this change, with the prices being a true reflection of the bid
submitted; and
WHEREAS,
encouraged to bid
however, no vendor
as part of the specifications, vendors were
CNG (compressed natural gas) fueled vehicles,
responded to this request; and
WHEREAS, the Director of Public Works recommends awarding
the contract to the lowest responsible bidders, Mike Farguson
Chevrolet (formerly South Bay Chevrolet), whose exceptions to the
bid specifications were reviewed by the Fleet Manager and accepted
as presented and to Bob Baker Ford for Item 4.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby accept bids and award the contract
for purchase of five intermediate and full-size pick-up and utility
trucks to Mike Farguson Chevrolet for Items la, lb, 2 and 5 in the
amount of $64,513.71 and to Bob Baker for Item 4 in the amount of
$20,725.90 for a total of $85,239.61.
Presented by
Approved as to form by
La.
, City
David Byers, Director of
Public Works
Bruce M.
Attorney
C:\rs\trucks.8
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item 10
Meeting Date 3/26/96
Resolution /8'.2:1 f' AcceptingBidsandAwardingContractforthe
"Bonita Road Bicycle Lane West ofInterstate 805 in the City of Chula Vista,
CA (STM-311)" Project
Director OfPUbl:c Work~ r
City Manager G{/ ~ (4/5ths Vote: Yes_NoX)
*~
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on March 6,1996 in Conference Room 2 & 3 in the Public Services Building, the
Director of Public Works received bids for the "Bonita Road Bicycle Lane West ofInterstate 805
in the City of Chula Vista, CA (STM-311)" project. The work consists of providing additional bike
lane for east bound bicyclists on the south side of Bonita Road including the construction of curb,
gutters, sidewalks, driveways, storm drainage, asphalt pavement, traffic control, and other
miscellaneous work as shown on the plans.
RECOMMENDATION: That Council accept bids and award the contract to Basile Construction,
Inc. in the amount of $89,699.33 for the "Bonita Road Bicycle Lane West ofInterstate 805 in the
City ofChula Vista, CA (STM-311)" project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This project provides for widening the south side of Bonita Road from Bonita Glen Drive to the
southbound on-ramp to I-80S. The improvements will accommodate an additional 5 foot wide
bicycle lane. Funds for this project are included in the FY 1994-95 Capital Improvement Program
(CIP) budget. Installation of this bicycle lane will complete the last missing link of the Bonita Road
bikeway connection between central Chula Vista and various recreational and residential areas in
th eastern areas ofthe City.
To construct the bike lane, the City needed to obtain rights-of-way over portions of two properties
owned by Shell Oil Company and Denny's Realty. The property owned by Shell Oil Company was
acquired in September 1995. On October 10,1995, the City Council held a public hearing on the
acquisition of the needed right-of-way from Denny's realty and approved Resolution 18070
determining and declaring the public necessity to acquire right-of-way and authorizing the
commencement of condemnation proceeding. Immediately thereafter, Denny's accepted the City's
offer of $11 ,232 for the right-of-way, thus allowing the project to be built.
Bids for this project were received from eleven contractors as follows:
/0"/
Page 2, Item I ()
Meeting Date 3/26/96
Contractor Bid Amount
1. Basile Construction, Inc. - San Diego $89,699.33
2. Ortiz Corp. - Chula Vista 90,267.50
3. Marquez Construction - Spring Valley 99,850.00
4. L.R. Hubbard Construction - San Diego 107,931.00
5. Star Paving Corp. - San Diego 114,307.50
6. Angus Asphalt - Santee 118,758.25
7. Interwest Pacific- San Diego 119,226.50
8. Frank and Sons -Chula Vista 129,075.75
9. Sim J Harris Company - San Diego 132,750.00
10. ABC Construction - San Diego 141,797.00
II. Daley Corporation - San Diego 173,645.75
The low bid by Basile Construction, Inc. is below the Engineer's estimate of $132,285.00 by
$42,558.67 or 32%. Staff received an excellent bid for the proposed work. The Engineer's estimate
was based on prices received on recent similar work done for the City.
Basile Construction, Inc. has worked for the City in the past and their work has been satisfactory.
Staff also checked their qualifications and references with regard to the subject project and found
them to be satisfactory. We, therefore, recommend that the contract be awarded to Basile
Construction, Inc.
Disclosure Statement
Attached is a copy of the contractor's disclosure statement (Exhibit A).
Environmental Status
A Negative Declaration (lS-94-10) has been prepared in conformance with CEQA guidelines and
filed on February 23, 1994 with the County Clerk's office.
Prevailing: Wage Statement
The source of funding for this project is the Bicycle Facilities Funds and the Transportation
Partnership Funds. Contractors bidding this project were not required to pay prevailing wages to
persons employed by them for the work under this contract. No special minority or women owned
business requirements were necessary as part of the bid docwnents. Disadvantaged businesses were
It) '..2
Page 3, Item I ()
Meeting Date 3/26/96
encouraged to bid through the sending of the Notice to Contractors to various minority trade
publications.
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $89,699.33
B. Staff (Inspection) 6,331.00
D. Contingencies (Approximately 10%) 8,969.67
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $105,000.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Bonita Road Bike Lane FY 1995-96 (STM-311) $105,000.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $105,000.00
FISCAL IMPACT:
After construction, only routine City maintenance amounting to mainly street sweeping will be
required.
Exhibit A: Contractor Disclosure Statement ~ ~
SA:sa
File No: 0735-IO-STM-311
M:\HOME\ENGlNEER\AGENDA \ST311A I3.SA
1'-.1 )0 -1
RESOLUTION NO. /~~;r~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "BONITA ROAD BICYCLE LANE
WEST OF INTERSTATE 805 IN THE CITY OF CHULA
VISTA, CA. (STM-311)" PROJECT
WHEREAS, at 2:00 p.m. on March 6, 1996 in Conference Room
2 & 3 in the Public Services Building, the Director of Public Works
received the following eleven bids for the "Bonita Road Bicycle
Lane west of Interstate 805 in the City of Chula Vista, CA (STM-
311)" project:
Contractor Bid Amount
1. Basile Construction, Inc. -San Diego $89,699.33
2. Ortiz Corp. - Chula Vista 90,267.50
3. Marquez Construction - Spring Valley 99,850.00
4. L. R. Hubbard Construction-San Diego 107,931.00
5. Star Paving Corp. - San Diego 114,307.50
6. Angus Asphalt - Santee 118,758.25
7. Interwest Pacific - San Diego 119,226.50
8. Frank and Sons - Chula Vista 129,075.75
9. Sim J. Harris Company - San Diego 132,750.00
10. ABC Construction - San Diego 141,797.00
11. Daley Corporation - San Diego 173,645.75
WHEREAS, the low bid by Basile Construction, Inc. is
below the Engineer's estimate of $132,285.00 by $42,558.67 or 32%;
and
WHEREAS, Basile Construction, Inc. has worked for the
City in the past and their work has been satisfactory and their
qualifications and references with regard to the subject project
were found to be satisfactory and staff recommends that the
contract be awarded to Basile Construction, Inc.; and
WHEREAS, a Negative Declaration (IS-94-10) has been
prepared in conformance with CEQA guidelines and filed on February
23, 1994 with the County Clerk's office; and
1
j{)-- f'
WHEREAS, the source of funding for this project is the
Bicycle Facilities Funds and the Transportation Partnership Funds
and contractors bidding this project were not required to pay
prevailing wages to persons employed by them for the work under
this contract; and
WHEREAS, no special minority or women owned business
requirements were necessary as part of the bid documents, however,
disadvantaged businesses were encouraged to bid through the sending
of the Notice to Contractors to various minority trade
publications.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby accept said eleven bids and award
the contract to Basile Construction Inc. in the amount of
$89,699.33 for the Bonita Road Bicycle Lane west of Interstate 805
in the City of Chula vista.
BE IT FURTHER RESOLVED that the Mayor of
Chula vista is hereby authorized and directed to e
contract on behalf of the city of Chula vi a.
e City of
cute said
Presented by
ved~
John P. Lippitt, Director of
Public Works
C:\rs\bicycle.bid
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xr~ req'"feu III tile a SI;HcIIICIIIIII D",h"urc "I 'erlalll IIWIICISIIlP or lillallllalllllefeslS. paY01~nIS. or ,alllp'"l'"
vn allmilllt.:rs wllil.:lI will n:l.juirt.' Ji.'\Ul'!IIIIIM) iil.lllll! \fll flit.: rMt of til<: Clly C(lUlJl.:il, Planlling: Commission, Hml :111
1>000Jit's. The following itllunllalhll1lnU~1 ~ JI:\,.;!oscu.
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List tilt n;WH:S of all Pt'rsol1s l1iivlllt; ii t'lr\d!\(lalln(L'f\:~r 111 tilt: rro~rty whit'h is the suhjt;'\.:( ur tilt' applil.'iiliull \'1
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than 10% (II lilt: SlliU<:S 111 (~)t' \,.l)rp\lr;,(I\11I ()( \JWI1I!1g al1) ranl1t'rship :nttft:st in tht: pdnIIC:rship.
AlkAJ 6ASi Ie - ~ideiJj..
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3. If allY f'<'rsoll' 'UOlllilieu pUlSua," 1111]) ahove IS n,,".prlltil organizal1l1n or a IruSI. liS! the IWll~S of allY pel.,." '.III!,
dir~l,:tor of the l1o!l-protil org;U\il<1(I()11 (Jr as trustee or ~ndkiary ur lruslor of the trust.
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4. Hav~ you hau more Ihan $250 w"rth "f husin"" Ifarho"eu wilh any fIl~mh~r of Ih~ City s!aft'. Boarus. I',', ",..1
C()Il\ll1itt~c.'i, an(j CouB..:i! wi!hilJ tl1t r<i,~( {Wt!Vt rlH111th I Yes _ No ~ It yes, please indicate person(s) _
5. Pkast: idell!!ty each all(j every rcr.~(Jn, Including any agtlHS. employees. consultants, or independent CO[1((;ll[,:! "Ii'.)
hHve a:s,..;;gnt:u IlJ rcpn:s<:nt Y\JU hc!t,'rt the (lty 1!1 (his ma((tr
4tle.N~le.- Ke~id~N+-
1>>w~ ~.6A.":>;1e.. - C~oJS!crt~
6.
Hi-we you alHl/or your otticcrs or itg<.:rHS. in (~1; aggregate, contributed more than $1,000 to a Council membcr
or preceding tlectioll pcrio<.J'! Yes _ No Aif Yt:~, S!4i{e which COUlh,:i! nlembers(s):
! II i: I:: , 1I ~ r L', :
. . .
(NOTE: Attache<J additional pages as necessary) . . .
/) /7 /)
-:'_.K~O ~
Signature of COlllraclor/Applicam
Date:
3-( It
* Person i.l' defined (/.1', "AI/Y Intllvldlml, fiT/fI, cO-{JortnerX!1/p. JOint Venture, (J.\'SOCW(lOfI. .l'ocwl club, fraternal ""
corporatio!/, (;'S((J[e. tFltSI, r('Cl'/vn, s'r'l/dic(I(e, (hl.\ and ony mller ('ounry, elf)' or country, Clf)' mumcipa/iry, di.\'tnC'l, or 1 'II,',., ,
subdivi.\'iOl/, Of any U{I/f" gruUfJ fJr cumb/!:wl(iI/ ocr/fls W lJ IUlIf.
ii/,'"
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19
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~HI~!T f3
You 'are required to file a Statement of Disclosure of certain ownership or financial interests, payments, or campaign contrihutions,
on all matters which will require discretionary action on the part of the City Council, Planning Conunission, and all other ofti(.;ial
hodies. The following inf()nnation must be disdosed:
I. List the names of all persons having a financial interest in the propeny which is the suhject of the application or the Contract.
e.g. owner, applkant, Contractor. suhcontractor, material supplier.
2. If any person* identitied pursuant to (I) ahove is a l:()rporation or partnership, list the names of all individuals owning nl(JTe
tl1,1I1 10% of the shares in the corporation or owning any partnership imerts[ in the partnership.
3. If any person' identified pursuant to (I) ahove is non-profit organization or a trust, list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
/
/
4 Have you had more than $250 worth of husiness transal:ted with any memher of the City staff. Boards. Commissions.
COlllmittees, and Council within the past twelve month'! Yes _ No ~ If yes, please indicate person(s):
5. Please identify each and every person, including any agtnts, employees, ('onsuhants, or independent Contractors who you
hav~ assigned to represent you btfore the City in this matter.
Ut'9v16G J/MENEZ
v' 0-> C Ii f!nm; ,e,n
J2:..~.I./.5. t!.4-v'E5.
6 Have you and/or your officers or agents, in the aggregate, contrihuted more than $1,000 to a Council memher in the cune",
or preceding election period? Yes _ No X If yes, state which Council memhers(s):
. , . (NOTE: Attached additional pag
Date MM(1;-f
/2 ,/99(,.
,
U'E.9JS &1JFS -';,.e 077he ,t>A1I'~.I9' DI./~
Print or type name of Contractorl Applicant
, Person is defined as. "Any individual, firm, co-partnership, joint venture, association, sociol elub, fraternal orgoni:arioll,
corporation, estate. trust, receiver, ,'\yndlcare, this and an.v other county. city or country, city municipality, district. or other political
subdivision, or any other group or comhination acting as a unit.
/1-1
14
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item 1/
Meeting Date 3/26/96
Resolution I Y",:2..19AccePting bids and awarding contract for "Tree
Removal and Sidewalk Replacement at Various Locations (FY 1995-96
Program) in the City ofChula Vista, CA" and authorizing staff to increase
quantities to expend all available funds for this project
Director of Public Works ~
fPV,
City Manager f~:((. (4/Sths Vote: Yes_NoX)
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on March 13, 1996, in Conference Room 2 in the Public Services Building, the Director
of Public Works received bids for 'Tree Removal and Sidewalk Replacement at Various Locations
(FY 1995-96 Program) in the City of Chula Vista, CA." The work consists of removal and
replacement of curbs, gutters, sidewalks, and driveways which have been displaced by tree roots on
various streets within the City. The work also includes removal of the trees and roots causing these
displacements.
RECOMMENDATION: That Council accept bids and award the contract to Star Paving, Inc.
in the amount of$41,825 for "Tree Removal and Sidewalk Replacement at Various Locations (FY
1995-96 Program) in the City of Chula Vista, CA" and 2) authorize staff to increase quantities to
expend all funds for this project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for this project are included in the FY 1995-96 Public Works Operations Street Division
budget. The project was included in the budget to remove and replace curbs, gutters, sidewalks, and
driveways which have been displaced due to tree roots on the various City streets.
The specific work to be done at each location is shown in Table I (Exhibit A.) Table 1 shows the
location of the work (address), approximate amount of sidewalk, curb, gutter, and driveway area to
be placed and the size and number of trees to be removed. The locations listed as Priority 1 were
the basis of the quantities shown in the bid proposal. Because of the excellent bids received, many
of the locations listed as Priority 2 in the Table will also be able to be repaired.
/1'/
Page 2, Item J I
Meeting Date 3/26/96
Bids for this project were received ITom fourteen contractors as follows:
Contractor Bid Amount
1. Star Paving Inc. - San Diego $41,825.00
2. Fox Construction - San Diego 45,265.00
3. Hammer Construction Company - Chula Vista 49,999.94
4. Bonsall Petroleum Construction - Bonsall 51,892.50
5. Basile Construction, Inc. - San Diego 53,614.95
6. John Tessitore Concrete - Bonita 54,202.00
7. Interwest Pacific, Ltd. - San Diego 54,365.20
8. Ortiz Corporation - Chula Vista 55,084.00
9. Portillo Concrete - Chula Vista 55,991.00
10. West Coast Construction - Corona 56,180.00
II. Marquez Constructors, Inc. - Spring Valley 57,305.00
12. Contreras Concrete - Chula Vista 60,020.00
13. Builders Staff Corporation - Cardiff by the Sea 71,859.40
14. Doug Kost Konstruction - Poway 95,762.98
The low bid by Star Paving Corporation is below the Engineer's estimate of$61,090 by $19,265 or
31.5%. Staff received an outstanding bid for the proposed work. The Engineer's estimate was based
on prices received for similar work several years ago. Star Paving, Inc. has performed several
projects for the City and their work has been satisfactory.
The funds provided in the Public Works Department/Operations budget was for a specific amount.
Based on the bid amount, staff estimates that there will be approximately $9, I 00 left in a
contingency fund to do additional sidewalk repairs and tree removal. The additional streets are
shown in Table I in Exhibit A and are listed with a Priority 2 rating. Many of these additional
locations will be able to be repaired and the trees removed in conjunction with the base bid work.
The specifications allow staff to increase/decrease the quantities in any amount based on available
funding.
Disclosure Statement
Attached is a copy of the contractor's disclosure statement (Exhibit B).
//...,2
Page 3, Item ~
Meeting Date 3/26/96
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project and has
determined that the project is a Class 2 exemption under Section 15302 of the California
Environmental Quality Act (Reconstruction of Existing Structures and Facilities)
Prevailing- Wa!!e Statement
The source of funding for this project is Gas Tax Funds. Contractors bidding this project were not
required to pay prevailing wages to persons employed by them for the work under this contract. No
special minority or women owned business requirements were necessary as part of the bid
documents. Disadvantaged businesses were encouraged to bid through the sending of the Notice to
Contractors to various minority trade publications.
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $41.825.00
B. Staff (Design & Inspection) 9,000.00
C. Contingencies (Approximately 22%) 9,142.34
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $59,967.34
FUNDS AVAILABLE FOR CONSTRUCTION
A. Contractual Services (100-1440-5203) $59,067.34
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $59,967.34
FISCAL IMPACT:
After construction, only routine City maintenance amounting to mainly street sweeping will be
required.
Exhibit A: Tree Locations /
Exhibit B: Contractor Disclosure Statement )uRI ~
SLH:sb
File No: 0735-IO-JY-065
M:\HOME\ENGINEER\AGENDA \TREEREM.SLH
II~) )1-1
RESOLUTION NO. 1'i';J:Jf
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR "TREE REMOVAL AND SIDEWALK
REPLACEMENT AT VARIOUS LOCATIONS (FY 1995-96
PROGRAM) IN THE CITY OF CHULA VISTA" AND
AUTHORIZING STAFF TO INCREASE QUANTITIES TO
EXPEND ALL AVAILABLE FUNDS FOR THIS PROJECT
WHEREAS, at 2:00 p.m. on March 13, 1996, in Conference
Room 2 in the Public services Building, the Director of Public
Works received the following fourteen bids for "Tree Removal and
Sidewalk Replacement at Various Locations (FY 1995-96 Program) in
the city of Chula Vista, CA.":
Contractor Bid Amount
1. Star Paving, Inc.-San Diego $41,825.00
2. Fox Construction - San Diego 45,265.00
3. Hammer Construction Co.-Chula Vista 49,999.94
4. Bonsall Petroleum Construction-Bonsall 51,892.50
5. Basile Construction, Inc. -San Diego 53,614.95
6. John Tessitore Concrete - Bonita 54,202.00
7. Interwest Pacific - San Diego 54,365.20
8. Ortiz Corporation - Chula Vista 55,084.00
9. Portillo Concrete - Chula Vista 55,991.00
10. West Coast Construction - Corona 56,180.00
11. Marquez Constructors, Inc. -Spring Valley 57,305.00
12. Contreras Concrete - Chula Vista 60,020.00
13. Builders Staff Corporation-Cardiff by the
Sea 71,859.40
14. Doug Kost Konstruction - Poway 95,762.98
WHEREAS, the low bid by Star Paving Corporation is below
the Engineer's estimate of $61,090 by $19,265 or 31.5% and Star
Paving, Inc. has performed several projects for the City and their
work has been satisfactory; and
1
/1"5'
. I
WHEREAS, the funds provided in the Public Works
Department/Operations budget was for a specific amount and based on
the bid amount, staff estimates that there will be approximately
$9,100 left in a contingency fund to do additional sidewalk repairs
and tree removal and the specifications allow staff to increase/
decrease the quantities in any amount based on available funding;
and
WHEREAS, the Environmental Review Coordinator has
reviewed the work involved in this project and has determined that
the project is a Class 2 exemption under Secti,;m 15302 of the
California Environmental Quality Act (Reconstruction of Existing
Structures and Facilities); and
WHEREAS, the source of funding for this project is Gas
Tax Funds and contractors bidding this project were not required to
pay prevailing wages to persons employed by them for the work under
this contract; and
WHEREAS, no special minority or women owned business
requirements were necessary as part of the bid documents, however,
disadvantaged businesses were encouraged to bid through the sending
of the Notice to Contractors to various minority trade publi-
cations.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby accept the fourteen bids and award
the contract to Star Paving, Inc. in the amount of $41,825 for
"Tree Removal and Sidewalk Replacement at Various Locations (FY
1995-96 Program) in the City of Chula vista".
BE IT FURTHER RESOLVED that staff is hereby authorized to
increase quantities to expend all funds for this project.
BE
Chula Vista
contract for
IT FURTHER RESOLVED that the Mayor of the City of
is hereby authorized and directed to execute said
and on behalf of the City of C la vista.
O=J
Presented by
John P. Lippitt, Director of
Public Works
c: \rs\treerno
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COUNCIL AGENDA STATEMENT
Item /~
Meeting Date 3/26/96
ITEM TITLE R I" 18'.1I{~A" "th U" S
: eso utlOn pprovmg an agreement WI th(; ruted tates
Olympic Committee to provide for the maintenance and operation of three
sewer pump stations serving the Olympic Training Center
SUBMITTED BY: ~rector of Public Works ~(
REVIEWED BY: City Manager~~ (4/5ths Vote: Yes_NoX)
The Olympic Training Center (OTC) requires the services of three sewer pump stations to pump
sewage to the City maintained sewer system. The OTC staff does not have the equipment or
expertise to maintain the sewer pump stations. The OTC therefore has requested that the City
maintain the pump stations and be reimbursed the associated costs by the OTC.
RECOMMENDATION: That the City Council adopt the resolution approving the agreement
with the United States Olympic Committee to provide for the maintenance and operation of the
three sewer pump stations.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The Olympic Training Center is located immediately west of Otay Lakes. The site physically
drains partially to the Otay Lakes watershed and partially to the Salt Creek watershed (which
drains to the Gtay River Valley, downstream of the Gtay dam. There are no gravity sanitary
sewer facilities in either of these basins. To dispose of sewage in the City system, the GTC
requires the use of three new pump stations and one (currently operating) public pump station.
The locations of the three private pump stations are shown on Exhibit A, attached to this report.
The OTC will be the sole user of the three subject pump stations, and therefore will own them.
The currently operating pump station needed currently serves the Eastlake Greens Subdivision,
and is publicly maintained. At some point in the future, the City will construct the Salt Creek
sewer line down to Otay Valley and beyond. At that time, there would be a gravity alternative
and two of the three pump stations could be eliminated, along with the sewer pump stations
serving Eastlake. When this happens, the GTC will be responsible for all costs associated with
connection to the gravity line and removal of the pump station. The third private pump station
is located at the Boathouse on Otay Lakes, and will never be served by a gravity line. This pump
station will require perpetual maintenance.
1,2-/
Page 2, Item /2-
Meeting Date 3/26/96
This agreement provides for the City to maintain the three pump stations and for the GTC to pay
the costs. The City will provide an estimate of the annual maintenance cost to the OTC around
July of each year, and the OTC will make quarterly payments. If the actual costs depart
radically from the estimate and the City does not have sufficient funds on deposit, The City will
notify the OTC, which will then have to pay the additional costs. The agreement also
underscores the fact that the OTC owns the pump stations and that the City is merely a
contractor with respect to operation and maintenance of the stations. This is important in the
event that major capital outlays are involved, such as a pump failure.
The agreement contains termination provisions wherein the agreement is automatically terminated
with respect to each pump station as it is removed and replaced with a connection to a gravity
system. The OTC may also terminate the agreement entirely if it determines it to be more
economical to have another party maintain the pump stations. Since the City maintains the
downstream system, and poor maintenance of the pump stations can adversely affect the
downstream mains and manholes, the City is requiring adherence to certain maintenance
standards as a part of the agreement. The City can also terminate the agreement with 120 days
notice, but only with good cause.
FISCAL IMPACT:
None. Approval of this resolution will authorize the Mayor to sign an agreement to allow City
forces to maintain the three pump stations. All costs associated with the maintenance will be
borne by the OTC.
Attachments:
Exhibit A:
Exhibit B:
Pump Station Locations
Agreement
m: \home\engineer\agenda \otc _ agr. cst
0600-80 OTCO 1-04
/,,2 ,;.
RESOLUTION NO. 1~~+'&1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPRoVING AN AGREEMENT WITH THE
UNITED STATES OLYMPIC COMMITTEE TO PROVIDE FOR
THE MAINTENANCE AND OPERATION OF THREE SEWER
PUMP STATIONS SERVING THE OLYMPIC TRAINING
CENTER
WHEREAS, the Olympic Training Center (OTC) requires the
services of three sewer pump stations to pump sewage to the city
maintained sewer system; and
WHEREAS, the OTC staff does not have the equipment or
expertise to maintain the sewer pump stations; and
WHEREAS, the OTC therefore has requested that the City
maintain the pump stations and be reimbursed the associated costs
by the OTC.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby approve an Agreement with the
united States Olympic Committee to provide for the maintenance and
operation of three sewer pump stations serving the Olympic Training
Center, a copy of which is on file in the office of the city Clerk
as Document 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 la vis
Presented. by
OV1'
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
C:\rs\sewpu.p.otc
/.2-3 A~--f
AGREEMENT TO PROVIDE FOR MAINTENANCE AND OPERATION OF SEVERAL
SEWAGE PUMP STATIONS SERVING THE OLYMPIC TRAINING CENTER
This Agreement ("Agreement") is made and entered into this
day of 1996, by and between the
City of Chu1a Vista ("City") and the United States Olympic
Committee, a Congressionally Chartered not-for-profit Corporation
( "Owner") .
RECITALS
WHEREAS, the City of Chula Vista provides sewer service within
the City of Chula Vista pursuant to the laws of the State of
California (Health & Safety Code Section 5471), its ordinances, and
resolutions; and
WHEREAS, Owner holds a fee interest in the real property
located within the City of Chula Vista as described in Exhibit A
attached hereto (hereinafter the "Property"); and
WHEREAS, Owner proposes to utilize three sewage pump stations
to transmit sewage from Property to a gravity sewer system operated
by City; and
WHEREAS, City, in approving the Parcel Map for the Property,
required as a condition that Owner provide for maintenance and
operation of three sewage pump stations providing sewer service to
the Property at locations as shown on Exhibit B attached hereto;
and
WHEREAS, City has entered into previous agreements dated
January 9, 1990 ("Agreement to provide for sewer pump station
maintenance and operation to the Eastlake Greens Tentative Map 88-3
in the City of Chula Vista") and dated June 4, 1991 ("First
Amendment to Agreement to Provide for Sewer Pump Station
Maintenance and Operation to the Eastlake Greens Special Rate
Area"), hereinafter "Prior Agreements" with respect to sewage pump
stations which are binding on Property; and
WHEREAS, City has adopted Ordinances 2461 and 2596 with
respect to sewage pump stations which are also binding on Property;
and
WHEREAS, Owner and City agree and desire to provide for
/,2....>'
maintenance and operation of such sewage pump stations and eventual
connection of the Property to a permanent gravity-flow system by
entering into this Agreement;
NOW, THEREFORE, IT IS AGREED BETWEEN THE PARTIES HERETO AS
FOLLOWS:
1. Purpose. The purpose of this Agreement is solely to provide
for the installation, maintenance and operation of three sewage
pump stations ("Pump Stations") and for connection to permanent
gravity lines.
2. Term of AGreement. This Agreement shall commence on the date
first above written and shall continue so long as any of the sewage
pump stations remain in operation for the Property.
Notwithstanding the foregoing, Owner may terminate this Agreement
and assume maintenance and operation of the Pump stations by giving
thirty (30) days written notice to City in which event any
remaining Deposit, after payment of amounts due to City pursuant to
Section 3. f., shall be promptly returned to Owner. Upon such
termination, Owner shall maintain and operate the Pump Stations in
accordance with City standards generally applicable to such pump
stations, including, but not limited to the standards set forth in
exhibit "C" attached hereto. City may terminate this agreement
upon 120 days written notice of intent to terminate served pursuant
to paragraph 6 below. City shall terminate the agreement only for
good cause.
3. SewaGe PumD Stations.
a. Sewage pump stations shall be hereinafter referred to
collectively as the Pump Stations
b. Owner agrees to be bound to Prior Agreements and
Ordinances 2461 and 2596.
c. Owner shall cause the Pump Stations to be constructed and
installed at locations shown on Exhibit B attached hereto in
accordance with plans and specifications approved by City and shall
retain ownership of them. Subsequent to deposits described in
(d.), the City shall thereafter maintain and operate the Pump
Stations.
d. Prior to turning over the Pump Stations for maintenance
/.2"'''
Page 3
and operation by City, the Owner shall deposit $15,000.00 (Fifteen
Thousand dollars) with City ("Initial Deposit") for the purpose of
providing funds to pay the maintenance and operation costs of the
Pump Stations for the last half of the first fiscal year of
operation.
e. Owner shall be liable on an annual basis to reimburse the
City for the actual costs and expenses of City for operation and
maintaining the Pump Stations. Following Initial Deposit, Owner
shall make subsequent payments on a quarterly basis ("Quarterly
Payments") on the first day of each quarter of every year (January
1, April 1, July 1, October 1, collectively "Quarter Dates") but no
later than the fifteenth day following such quarter date.
f. Within 60 days of July 1 of each year, City will estimate
the cost of maintaining and operating Pump Stations for the
following fiscal year (July 1 to July 1), and shall notify Owner of
estimated charges and estimated Quarterly payments for said fiscal
year. Owner shall be responsible for payment of said charges on
each Quarter Date, commencing with July 1 of said fiscal year.
Such charges shall be based upon full cost recovery of actual City
expenses and shall include, but not be limited to labor, materials,
power and water cost for operation and maintenance of the sewer
pump stations and ongoing costs associated with providing emergency
alarms. If estimate is not provided to Owner at least 30 days in
advance of July 1, that quarterly payment shall be due within 30
days of receipt of said Estimate. Costs associated with restoring
pump stations to acceptable operation from substandard maintenance
shall be eligible charges. City shall give Owner written notice of
the estimated cost of such maintenance at least 30 days prior to
the date any payment is due.
g. Any deficit or excess resulting from a difference between
the estimated costs and actual costs shall be corrected by
adjustments between City and Owner during the succeeding year.
City's Director of Public Works (Director) may review the status of
funds available for the purpose of operating and maintaining said
sewage pump stations at any time during the year. If, as a result
of this review, the Director determines that there will be
insufficient funds available and that the fund balance is likely to
be depleted within 60 days, the Director shall notify Owner in
writing of such determination and require Owner to provide
/.).-7
Page 4
sufficient funds within the period stated on the invoice (but no
sooner than 45 days after the date of such notice) for maintaining
and operating the pump stations to the following July 1.
h. Should Owner fail to make payments to City as set
forth above, before the close of business or postmarked before
midnight on the final date for payment as shown on the billing,
Owner shall be subject to the penalties and interest charges on any
delinquent amount as specified in the City Municipal Code,
including Section 13.14.150.
4. Services. Additional Costs
a. The Property will be provided with full sewer services
offered by City upon condition that Owner and Owner's successors
and assigns abide and continue to abide by all the rules and
regulations of City regularly imposed upon sewer service customers
of City. The City will perform maintenance and operation of the
Pump Stations so long as Owner performs its obligations under this
Agreement and the ordinances of the City adopted pursuant to this
Agreement, subject to the Parties rights to terminate this
Agreement pursuant to Section 2 above.
b. The actual work of bypassing or removing the Pump
Stations and connecting the collection system within the Property
to an adjacent gravity-flow main shall be performed by Owner at his
expense.
This Agreement shall be terminated as to each respective pump
station at such time as that pump station is removed from service
and the properties served by that station are connected to a
permanent gravity-flow main.
5. Fees for Zones B&C of Eastlake Greens.
a. The Owner hereby acknowledges that the deposits for
maintenance and operation pursuant to Paragraphs 3d and 3e hereof
are in addition to the sewage pump station maintenance fees for
Zones Band C of the special sewer service rate area and component
zones for Eastlake Greens subdivision and the Olympic Training
Center (Ordinance No. 2461 as revised by Ordinance No. 2596).
Payment for the Orange Avenue and Otay Lakes Road Pump Stations
shall be as set forth in Chula Vista Ordinances Nos. 2461 and 2596
/.:;...r
Page 5
and Prior Agreements.
6. Notices. Notices which may be required or permitted under the
terms of this Agreement shall be considered served upon receipt
from the u.s. Postal Service of a "Return Receipt" showing
acceptance by a representative of the "receiving" party of the
notice which was posted "Certified - Return Receipt Requested".
Addresses for any such notices shall be:
For City of Chula Vista:
City Engineer
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
For Owner:
u. S. Olympic Committee
1 Olympic Plaza
Colorado Springs, CO 80909
Attn: Thomas Wilkinson
7. Recordation. Agreement is to be recorded by the City of Chula
Vista in the Official Records of the County of San Diego within
five (5) days of receipt by Owner of a duly signed and acknowledged
original.
8. Amendment. This agreement may only be amended by the written
consent of all of the parties at the time of such amendment.
9. Arbitration. Any controversy arising out of this Agreement or
its breach shall be settled by non-binding arbitration if, prior to
the commencement of any legal proceeding arising out of this
Agreement or its breach, either party demands by written notice
that such controversy be arbitrated. After such demand, and within
ten (10) days from such demand, the parties shall attempt to
designate a mutually acceptable individual to arbitrate the
controversy. If within the ten (10) day period the parties are
unable to designate an individual, the controversy shall be
arbitrated under the rules of the American Arbitration Association,
and judgment on the award rendered by the arbitrator chosen by the
parties or used pursuant to the rules of the American Arbitration
Association may be entered in any court having jurisdiction.
1.2- <J
Page 6
10. Assianment.
rights hereunder
party.
Neither party may assign all or any part of their
within the prior written consent of the other
11. Attorneys' Fees. If either party commences an action against
the other party arising out of or in connection with this
agreement, the prevailing party shall be entitled to have and
recover from the losing party reasonable attorneys' fees and costs
of suit.
12. Authoritv. Each party represents that the individuals signing
this Agreement have full right and authority to bind their
respective parties to this Agreement.
13. Best Efforts and Cooperation. The parties promise to use their
best efforts to satisfy all conditions to this Agreement and to
take all further steps and execute all further documents reasonable
and necessary to put this Agreement into effect.
14. Bindina Effect of Aareement. This Agreement shall be binding
on and inure to the benefit of the respective parties and their
respective heirs, legal representatives, successors and assigns.
15. Construction.
include the plural,
and the mascul ine,
others whenever the
Whenever used herein, the singular number shall
the plural number shall include the singular,
feminine or neuter gender shall include the
context so indicates.
16. CounterDarts. The parties may execute this Agreement in two
or more counterparts, which shall, in the aggregate, be signed by
all parties. Each counterpart shall be deemed an original
instrument as against any party who has signed it.
17. Entire Agreement. This agreement supersedes any prior
agreement and contains the entire agreement of the parties on the
matters covered. No other agreement, statement or promise made by
any party or by any employee, officer or agent of any party that is
not in writing and signed by all parties shall be binding.
18. Gender and Number. As used in this Agreement, the masculine,
feminine or neuter gender and the singular and plural number shall
each be deemed to include the others whenever the context so
indicates.
J:J "/1)
Page 7
19. Governina Law. This Agreement has been executed in and shall
be governed by the laws of the State of California.
20. Interpretation of Aareement. This Agreement shall be
construed as a whole and in accordance with its fair meaning.
Captions and organizations are for convenience and shall not be
used in construing meaning.
2l. Invaliditv. If any term, covenant, condition or provision of
this Agreement is held by a court of competent jurisdiction to be
invalid, void or unenforceable, the remainder of the provisions
hereof shall remain in full force and effect and shall in no way be
affected, impaired or invalidated thereby.
22. Time. Time is of the essence in the performance of the
parties' respective obligations herein contained.
23. Waivers. The waiver by one party of the performance of any
covenant, condition or promise shall not invalidate this Agreement,
nor shall it be considered a waiver by him of any other covenant,
condition or promise. The waiver by either or both parties of the
time for performing any act shall not constitute a waiver of the
time for performing any other act or an identical act required to
be performed at a later time. The exercise of any remedy provided
in this Agreement shall not be a waiver of any consistent remedy
provided by law, and any provision of this Agreement for any remedy
shall not exclude other consistent remedies unless they are
expressly excluded.
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
Dated:
3A/q6
. I
United States
Congressionally
Corporation
Olympic
Chartered
Committee, a
not-for-profit
~~(J,jJ~
By:
Thomas C. Wilkinson
1.2 .// /f Z~ It..
Exhibit A
PrODertv DescriDtion
Parcel 1 of Parcel Map 16318, as recorded in the office of the
County Recorder, County of San Diego, State of California, on
December 6, 1990
I.:J"'~
Exhibit B
Approximate Sewer Pump Station Locations
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Exhibit C
Pump Station Maintenance Schedules
Daily Weekly Monthly
Inspect site for hazards Float Operation Cycle all valves
Record hour meter readings Drive Belt Inspection Inspect all piping
Check Oil levels Coupling Inspection Test floats
Check Pump Operation Check Water in batteries Adjust Belts
Check Bubble Operation Check air filters Align Compressors
Check Float Check fuel levels Wash wet wells
Check Ventilation Test Compressors Test sump pump
Observe Check Valves Test Air Pump Inspect bubbler system
Inspect Wet Well Drain Water, Air system Test Gen. Under Load
Check Air release valves Check Overflow
Check Humidifier Clean Ventilator
Bioxide Test and Adjustment Clean Humidifier
Lube Air Release Valves
Test Sprinkler System
Check Odor Control
Semi Annually Annually As Necessary
Clean Electronic Equipment Change Oil Add Orange Folat
Lube Motor Bearings ChangeAir Filter Oil Paint Equipment
Change Air Pump Filters Clean Air Pumps Adjust Wear Clearances
Weed Abatement Check Motor RPMs Clear Gauge Lines
Landscape Maint. Check Pump RPMs Clean Wet Well
Sanitize Station Check Generator RPMs Clean Drains
Lubricate Locks Lubricate Float Rod Bioxide Filling
Blow Down Bubbler
Test Alarms
1~,,1f
COUNCIL AGENDA STATEMENT
Item il
Meeting Date 03/26/96
ITEM TITLE:
Resolution I,.J.'I Approving Change Order No.4 for the Memorial
Park Gymnasium - Plunge - Parkway Complex Building Renovation
Improvements, Phase I Project (PR-162) and authorizing the Director of
Public Works to execute on in behalf of the City
Director of Public Work~~
Director of Parks and Recreati~
City Manager &t~~~ (4/Sths Vote: Yes _ No-X)
SUBMITTED BY:
REVIEWED BY:
On September 19, 1995, the City Council, by Resolution No. 18035, awarded a contract in the
amount of $561,750.88 (plus contingencies 15%, $75,710.88) to Woodburn Construction
Company for the renovation of the Memorial Park Gymnasium - Plunge - Parkway Complex
Building Renovation Improvements, (phase I). The work includes remodeling of the gymnasium
restrooms and dressing rooms, including ventilation and heating of gym and dressing areas. Also,
renovation of pool lobby, restrooms, and dressing rooms, including heating and ventilation;
compliance with all new ADA and UBC requirements; modifications to spectator seating, and
storage and check-in areas, as well as other miscellaneous work.
Change Order No.4, which totals $22,125.41 incorporates revisions to the plumbing system, as
well as the structural steel for the heating and ventilation system.
RECOMMENDATION: That the City Council approve Change Order NO.4 and authorize the
Director of Public Works to execute it on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION: The renovation of the Memorial Park (Parkway) Gymnasium and adjacent
buildings began on October 23, 1995. The contractor, Woodburn Construction Company is
working diligently to complete the project. Change Order No.4 has been assembled by the
Building Project Supervisor and the Parks & Recreation Department. They have worked with the
contractor and architect to ensure that the changes included in Change Order No.4 are necessary
and advisable and that the City achieves the greatest possible value. Change Order No.4 totals
$22,125.74 and incorporates a number of elements. The scope of work is as follows:
Plumbin& Modifications:
Plumbing revisions include the following items. Installing a more reliable restroom faucet and
flush valve for the urinals, which will lower the cost of repairs and extend the life of the units.
Additional floor drains were necessary to achieve positive drainage of the floors to assure a non
slip flooring without ponding. The sewer was extended out to the front of the building where City
crews installed a new sewer lateral from the street. Worn out and leaking water lines below the
ceiling soffits were removed and replaced. Repair various existing water lines as needed. Install
1:3--/
Page 2, Item /;J
Meeting Date 03/26/96
one new recirculation line and pump as per Mechanical Engineer. ADD TO THE CONTRACT
$ 10,157.18.
Drywall Modifications:
Parks & Recreation Department requested that the contractor remove and relocate the wall and
doorframe to the janitors closet. By doing so, we were able to increase the amount of storage
space. The existing walls had three different textures which were not compatible with what the
architect had requested to be applied to the new area. Spray new texture on existing walls to
conform the new work. ADD TO THE CONTRACT $ 1,584.04.
Structural Steel:
Install structural steel support beams for the Heating and Ventilation system in the Gymnasium
Mezzanine area according to the new drawings supplied by the Structural Engineer. Furnish and
install 16ga. stainless steel shelving and wall cap at men's and women's dressing rooms along with
a stainless steel shelf on the check in door. ADD TO THE CONTRACT $ 5,653.66.
Miscellaneous Items:
Remove two deteriorated louvers and replace with two new aluminum wall louvers of Kynor
finish at the mechanical room. ADD TO THE CONTRACT $ 814.83.
Upgrade heaters 3 and 4 in the men's and women's locker rooms with power exhaust fans to
assure proper omission of toxic gasses. ADD TO THE CONTRACT $ 714.33
Remove old damaged vinyl tack board in office 105 and replace with new vinyl tack board. ADD
TO THE CONTRACT $ 1,412.12.
Provide and install window soffits in new acoustic ceiling system in room 105 and 106, due to
lower ceiling height for mechanical equipment. ADD TO THE CONTRACT $1,219.50.
Provide and install 6" masonry block wall with rebar, solid grout with a 2" block cap below
office 107 foyer window. ADD TO THE CONTRACT $569.75.
Previous Chan~e Orders
Previously approved Change Orders 1-3, for a wide variety of elements, have totaled $41,550.33
and include:
Change Order NO.1 totaling $4,621.80 was for asbestos removal and three new pipe columns.
Change Order No.2 totaling $4,714.83 was for several items, which included masonry wall to
comply with the local building codes, upgrading the electric hand dryers, upgrading the epoxy
flooring to a more maintenance free tile floor and receiving a credit for sewer lines.
Change Order No.3 totaling $32,213.70 was for three items: electrical modifications to bring the
electrical system up to current building codes; replacement of several steel studded walls which
had rusted out; and the replacement of several doors and frames which also rusted out.
I:J .....2.
Page 3, Item 13
Meeting Date 03/26/96
FISCAL IMPACT: The proposed Change Order No.4 totals $22,125.41. Funding is available
in the Memorial Park Renovation Project contingency fund. The total aggregate of change order
work with Memorial Park renovation funds (1-4, inclusive) is $63,675.74. The remaining balance
of the Memorial Park Renovation contingency fund will be $12,035.14, after the deduction of
Change Order No.4. The increase will revise the total contract to $625,425.74.
Attachment: Exhibit A - Agenda Statement, Council Meeting of September 19, 1995:;u,>( ~
RS:DT\SB
M :\HOME\ENGINEER\AGENDA \CHGPR162.4
File No_ 0735-1O-PR-162
1;f:J /15-1
RESOLUTION NO.
16':1.'/1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHANGE ORDER NO. 4 FOR
THE MEMORIAL PARK GYMNASIUM - PLUNGE- PARKWAY
COMPLEX BUILDING RENOVATION IMPROVEMENTS,
PHASE I PROJECT (PR-162) AND AUTHORIZING THE
DIRECTOR OF PUBLIC WORKS TO EXECUTE IT ON
BEHALF OF THE CITY
Resolution
$561,750.88
Construction
Gymnasium
Improvements,
WHEREAS, on September 19, 1995, the City Council, by
No. 18035, awarded a contract in the amount of
(plus contingencies 15%, $75,710.88) to Woodburn
Company for the renovation of the Memorial Park
Plunge Parkway Complex Building Renovation
(Phase I); and
WHEREAS, the work includes remodeling of the gymnasium
restrooms and dressing rooms, including ventilation and heating of
gym and dressing areas and renovation of pool lobby, restrooms, and
dressing rooms, including heating and ventilation; compliance with
all new ADA and UBC requirements; modifications to spectator
seating, and storage and check-in areas, as well as other
miscellaneous work; and
WHEREAS, Change Order No.4, which totals $22,125.41
incorporates revisions to the plumbing system, as well as the
structural steel for the heating and ventilation system.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve Change Order No. 4 for the
Memorial Park Gymnasium Plunge Parkway Complex Building
Renovation Improvements, Phase I Project (PR-162) and authorize the
Director of Public Works to execute it on be alf of th City.
Presented by
orm by
J
John P. Lippitt, Director of
Public Works
C: \ rs\Melorial. c04
1:J:f;lY-t.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMEN1
Item g
Meeting Date 9/19/95
A. Resolution' cg 0'35 Appropriating$11 ,241 from Park Acquisition and
Development funds, reappropriating and accepting bids and awarding contract for
"Memorial Park Gymnasium - Plunge - Parkway Complex Building Renovation
Improvements, Phase I, in the City of Chula Vista, California (PR-162)"
B. Resolution I ~ O~ fDAppropriating $28,500 from Park Acquisition and
Development funds for additional equipment for the Parkway Center Building
Renovation Improvtrments hase I (PR-162)
Director of Public Works
Director of Parks & Recrea . .
City Manager
(4/5ths Vote: YesXNo-.J
At 2:00 p.m. on August 9, 1995 in Conference Rooms 2 & 3 of the Public Services Building, the Director of
Public Works received bids for the "Memorial Park Gymnasium - Plunge - Parkway Center Building Renovation
Improvements, Phase I in the City of Chula Vista, California (PR-162)." The Phase I renovation work at the
Parkway Complex includes remodeling of the gymnasium restrooms and dressing rooms, including ventilation
and heating of gym and dressing areas; also renovation of pool lobby , restrooms, and dressing rooms, including
heating and ventilation; compliance with all new ADA and UBC requirements; modifications to spectator seating,
storage and check-in areas are also included, as well as other miscellaneous work as shown on plans and
described in the specifications.
RECOMMENDATION: That Council:
Resolution A: 1)
Resolution B: 1)
Appropriate $11,241 from Park Acquisition and Development (PAD) Fund anticipated
revenues to Parkway Complex Renovation Project - Phase I (PR-162); and
2)
Reappropriate $104,407 from Lorna Verde Recirculation Project (PR-J34) to Parkway
Complex Renovation Project - Phase I (PR-162); and
3)
Reappropriate $9,568 from Lorna Verde Resurfacing Project (PR-145) to Parkway
Complex Renovation Project - Phase I (PR-162); and
4)
Accept bids and award contract to Woodburn Construction Company - EI Cajon in the
amount of $561,750 for Alternate A for the construction contract.
Appropriate $28,500 from Park Acquisition and Development (PAD) Fund anticipated
revenues for additional equipment for the Parkway Center Building Renovation
Improvements, Phase I (PR-162)
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
IM,I_."")
1.1'7
Page 2, Item L
Meeting Date 9/19/95
DISCUSSION:
AcceDtinl! Bid and Awardinl! Contract: Initial funds for this project were budgeted in FY 1992-93 Capital
Improvement Program (CIP) budget with additional funds being budgeted in FY 1993-94 and FY 1994-95. The
entire Parkway Complex renovation is a two phase project. Phase I includes renovation work in the gymnasium
and pool restroom/dressing rooms; including heating, ventilation and plumbing. All ADA signage and
accessibility accommodation will be made during this phase. Phase n, scheduled for consideration during the
FY 19%-97 budget, includes improvements to heating/air-conditioning and ventilation, office renovation to
include two offices and computer terminal center, and modifications to restroom and other rooms to accommodate
ADA.
Two separate alternatives were bid. Alternate A included building renovation work, and landscaping and
irrigation. Alternate B included only building renovation work.
Bids were received from five contractors as follows:
Contractor Alternate A Alternate B
1. Woodburn Construction Company, EI Cajon $561,750.00 $542,500.00
2. Hankins Corporation, National City 572,455.00 562,264.00
3. Builders Staff Corporation, Cardiff By the Sea 600,500.00 **589,000.00
4. The Augustine Company, Encinitas 623,288.00 609,015.00
5. Murray Builders, San Diego 688,800.00 672,800.00
.. Bid price in proposal was $58,000. This was an error for which we received a letter of
correction. Looking at Alternate A, the $589,000 amount looked appropriate.
Woodburn Construction Company - EI Cajon was the low bidder on both Alternates A and B. Staff recommends
construction of Alternate A because the landscaping is an integral part of the project and should be done at this
time. Staff has reviewed the low bidder's qualifications and references to do the work and found them to be
satisfactory. Staff, therefore, recommends awarding the contract to Woodburn Construction for Alternate A.
The low bid by Woodburn Construction Company for Alternate A is above the CIP cost estimate of $495,000
by $66,750 or 13.5%.
In reviewing the bids, staff has concluded that the low bid amount represents a reasonable and fair price for doing
the work involved in the project. Five bids were received, and the two low bidders had similar costs for the
work. Staff believes that readvertising for bids would be unproductive. Staff recommends that the construction
contingency amount be set at 13.5% or $75,710.88. As the unexpended appropriated funds for the project are
currently in the amount of $512,244, an additional $125,216.27 is required to meet the bid price and award the
contract. Staff recommends that part of the additional funds required ($113,975) be reappropriated from the
following completed CIP projects:
1. Loma Verde Recirculation Project (PR-134), a FY 1993-94 CIP project, has been completed. The project
was funded with Park Acquisition and Development (PAD) funds. This project was the renovation of
the circulation system at Loma Verde Pool to maintain health and safety standards set forth by the state.
"',_....1
I)'Y
Page 3, Item L
Meeting Date 9/19/95
The original equipment was replaced because it could no longer be repaired. $104,407 in PAD funds
remain unspent following completion ofthe project. These funds are available for reappropriation to the
Parkway Complex Phase I project.
2. Lorna Verde Resurfacing Project (PR-145), a FY 1991-92 CIP project, has been completed. The project
was funded with Park Acquisition and Development (PAD) funds. This project was the plastering of the
interior pool surface and retiling of the lanes and targets. $9,568 in PAD funds remain unspent following
completion of the project. These funds are available for reappropriation to the Parkway Complex Phase
I project.
This leaves $11,241 required for the construction contract and staff recommends these funds be appropriated from
Park Acquisition and Development (PAD) fund anticipated revenues.
Disclosure Statement
Attached is a copy of the contractor's disclosure statement (Exhibit A).
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project and has determined that
the project is a Class 1 exemption under Section 15301 (d) of the California Environmental Quality Act (Minor
Alterations of Existing Public or Public Structures). .
Prevailin2 Wa2e Statement
The sources of funding for this project is Park Acquisition and Development (PAD) funds and Community
Development (CDBG) funds. Prevailing wage scales are determined by the Federal Depanment of Labor for our
area.
Disadvanta2e Business Enterorise Goal
The bid documents set fonh panicipation requirements per Federal regulations for meeting the disadvantaged and
women owned business goals. Juan Arroyo, Housing Coordinator, has reviewed the bid documents submitted
by the three lowest bidders for both Alternates A and B. His conclusion is that Woodburn Construction Company
does meet the City requirements for DBE participation goals. See Exhibit B.
Staff has also reviewed Woodburn Construction Company eligibility status with regard to Federal procurement
programs and the status of the State Contractor's Licenses for the contractor. Neither Woodburn Construction
Company, nor any listed sub-contractors, are excluded from the Federal procurement program (list of panies
excluded from Federal procurement or non-procurement programs as of July 1995). Contractor's licenses for
Woodburn Construction Company are current and in good standing.
t>"'-.""I
1;]''1
Page 4, Item ~
Meeting Date 9/19/95
Financial Statement
FUNDS REQUIRED FOR PROJECT
A. Contract Amount $561,750.00
B. Contingencies (Approximately 13.5%) $ 75,710.88
TOTAL FUNDS REQUIRED FOR PROJECT $637,460.88
FUNDS AVAILABLE FOR PROJECT
I. Parkway Complex Renovation, Phase I (PR-162) $512,244.61
2. Reappropriate funds from Loma Verde Recirculation Project $104,407.00
(PR-134) to Parkway Complex Renovation Phase I (PR-162)
3. Reappropriate funds from Lorna Verde Resurfacing Project
(PR-145) to Parkway Complex Renovation - Phase I (PR-162) $ 9,568.00
4. Appropriate funds from the Park Acquisition and
Development Fund to Parkway Complex Renovation - $ 11,241.27
Phase I (PR-162)
TOTAL FUNDS AVAILABLE FOR PROJECT $637,460.88
Cham!e to Scone of Work of Proiect - Additional EauiDl11ent
Staff recommends that the change of scope of this CIP project be amended to include additional equipment (not
part of the construction bid package). The Capital Improvement Project for Parkway Complex renovation was
developed in FY 1992-93. At that time, the equipment being requested in this report as a change in the scope
of work was not a concern. During 1994, the Parks and Recreation Department was made aware by the Public
Works Department that the basketball frames and baskets at Parkway Gym could no longer be repaired and were
a safety concern. The Parks and Recreation Department believes that this equipment requires immediate
replacement, and the most appropriate time would be during the renovation of the gymnasium, during this CIP
phase, since additional monies have become available.
The additional equipment includes:
1.
Replacement of Existing Basketball Backboards
$20,000
Replace four (4) existing basketball backboard supports and related equipment at Parkway Gymnasium.
Replace with custom designed, forward folding supports with telescoping back braces, heavy duty belt
driven electrical winches, and electrically controlled backboard height adjusters. This equipment replaces
the original backboard(s) which are 43 years old and are at the point of being a liability to the city.
2.
Replacement of Existing Handicap Lift
$6,000
Replace the existing handicap lift at Parkway Swimming Pool. Replace with safer, less obtrusive
hydraulic or mechanical powered lift that permits assisted or unassisted access to the pool by disabled
(M,-....I
J:J -/.()
Page S. Item L
Meeting Date 9/19/95
participants. The new lift will provide greater weight capacity, and more flexibility in use application
than existing lift.
The Hoyer Lift did receive Minor CIP funding, in the amount of $2,300, in FY 1995-96. The original
request for funding was based on recommendations made by staff. Upon consideration by physically
challenged participants, the equipment scope was changed based on their suggestions and additional
funding is necessary. Staff proposes the entire lift expense ($6,000) be funded as part of the construction
project; thus saving the General Fund $2,300.
3.
Replacement of Existing Spectator Seating
$2,500
Replace the existing individual spectator seating on Parkway Pool spectator deck. Replace with portable,
15 foot, three row aluminum bleachers that will seat additional parents and spectators. Current seating
provides folding chairs and assortment of seating discarded from other city departments. As part of the
City's annual safety audit, it was determined that spectator bleacher seating at the pool should be included
in this project as the existing seating is unsafe and does not meet the spectator patron capacity load.
Renovation of the spectator seating area was included in the construction bid; however, replacement of
the seating was not included in current CIP.
TOTAL COST FOR ADDITIONAL EQUIPMENT
$28,500
Including these pieces of equipment as part of the CIP will enable Parkway Center to be opened upon completion
of the CIP with all necessary renovations and equipment. Funds are available from Park Acquisition and
Development (PAD) anticipated revenues.
FISCAL IMPACT: The Parkway Complex CIP project (PR-162) was approved by the Council at a total cost
of $662,813. The entire project is a two phase endeavor, with an additional $111,460 in funding required in FY
1996-97 to complete the renovation. The existing approved funding of the Phase I construction project is as
follows:
Park Acquisition and Development (PAD) funds
Community Development Block Grant (CDBG) funds
Grant interest funds
$339,740
$288,073
$ 35.000
$662,813
Prior to FY 1995-96, $150,569 of the appropriated project funds have been expended for architectural design
($34,975) and associated staff services for planning and design. The remaining balance of $512,244 is short of
the $637,460 required for the completion of the project. The additional $125,216 can be appropriated from Park
Acquisition and Development fund anticipated revenues, and reappropriated from PAD funds remaining from the
completion of the Loma Verde Recirculation and Resurfacing projects.
The additional equipment will cost $28,500. There are sufficient funds from Park Acquisition and Development
(PAD) anticipated revenues.
Exhibit A:
Exhibit B:
Disclosure Statement
Memo from Housing Coordinator
(M:~.slh)
1.3'//
THE CITY OF CHULA VISTA DISCLOSURE ST qEMEJliT
You are required to file a Statement v. .Jisclosure of certain ownership or financial interests. payments. or campaign contrihutions.
on aU mauers which will require discretionary action on the pan of the City Council. PJannin~ Commission. and all other officia1
hodies. The following information must be disclosed:
I. List the nanlt:s of..1I persons having a financial intt:n:sl in the: propc:ny whkh is thl;: suhjt:l:( of the app1iL:ation or the Contra'l
~ (.g., oWTla. applit:ant. Contra~(Or. sutx.:umractor. mau:rial supplier
Thomas O. Woodburn, Jr.
2. If any person. identified pursuant to (I) above is a corporation or pannership. list the names of all individuals owning more
dlan 10% of the siWes in the corporation or owning any pannership interest in the pannership.
Thomas O. Woodburn, Jr., Pres1dent/CFO
3. If any person" identified pursuant 10 (I) above is non-profit organization or a trust. list the names of any person serving as
director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
N/A
4. Have you had more than $250 wonh of business transacted with any member of the City staff. Boards. Commissions.
Conuninees. and Council widlin the past twelve month? Yes _ No 1L If yes. please indicate po:rson(s):
5. Please identify each and every person. including any agellls. entployees. consultants. or independent Contractors who you
w,ve assigned to represent you ""fore the City in this maner.
Thomas O. Woodburn, Jr.
Corey Bassett
6. Have you and/or your officers or agents. in the aggregate. cOlllributed more than $1,000 to a Council mem""r in dIe currelll
or preceding election period? Yes _ No ~ If yes, state whkh Council mem""rs(s):
· · · (NOTE: Attached additional pales 85 necessary) · · ·
Dale:---3 ~ 6f!"
1f+n,."..,. (;> , WIP~.w b-
Prim or typo: \lame uf Cuntractnr/Applicalll
. fJ:r1i!!!l is dl.'jilletl 0.<: "AllY illllil'idual, firm, ('/J-p{lrtner.lhip, j/lil/l ~'el/lllrl'. 1I.I.Weill/lOlI. ....dal dub, fraten/lll /lrllalliwtion.
I'orporution, (iSllltt'. (fUJI, re('t~iw.ir. .f)'1IdicQre, this lInd an)' oIlier cfllmty. dry or ('mmlr)', dry municipalit)'. ,listria, or mher political
.,'ulJt!i\'.'";01l, or (lTlY (1(IIpr K'''UP or ('tJlnbination acting UJ a un;1.
45 13'12.
J= t-..t+I!'3IT ~
MEMORANDUM
Augu'!t 30, 1995
TO: Cliff Swanson, Deputy Director of Public Works/City Engineer
FROM: Juan P. Arroyo. Housing coordinato~
SUBJECT: Minoritv and Women Business EnterDrise Construction Proaram _
Memorial Park/Gymnasium - Plunge - Parkway Center Building
Renovation Improvement Phase 2 - (Alternative A or B) Woodburn
Construction Co.
A review has been conducted of the Woodburn Construction Company bid proposal
for alternative A or B related to the above project compliance with the City's
Minority and Women Business Enterprise Construction Program. I have determined
that the contractor has provided the necessary documentation to indicate that the
company complies with the City's goals for minority and women business
enterprise participation.
JA:ag
cc: Chris Salomone, Community Development Director
Roberto Saucedo, Senior Civil Engineer
Shale Hanson, Civil Engineer
IAG\C:\WPWINIJUANIMEMSlBUILDERS.MEMJ
I J'!?
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item 1
Meeting Date 03/26/96
Resolution Ir;J.lI:l appropriating $875 in interest funds and establishing a
budget for the administration of the annual Gayle McCandliss Art Awards
Director of Parks and Recreati~
. u
City Manager (;\ ~ ~
k~
(4/5ths Vote: Yes ..x No ---1
SUBMITTED BY:
REVIEWED BY:
In January of 1993, City Council adopted Resolution #16970 which established guidelines for the Gayle
McCandliss Memorial Fund. This report provides staffs recommendation based on the attached
Allocation Plan for Gayle McCandliss Memorial Fund guidelines.
STAFF RECOMMENDATION: That Council adopt the Resolution appropriating $875 from the
unappropriated balance of the Gayle McCandliss Memorial Cultural Arts interest bearing accounts.
BOARDS/COMMISSIONS RECOMMENDATION: The Cultural Arts Commission, several years ago,
formed a sub-committee consisting of interested residents, to advise them on the Memorial Fund award
selection. This committee meets annually to assist the Commission. The Commission takes no formal
action at their regular meetings to approve the sub-committee recommendations.
DISCUSSION: In January of 1993, City Council adopted Resolution #16970 which established
guidelines for the allocation of the Gayle McCandliss Memorial Fund. A copy of the staff report and
the allocation plan are attached (Attachment "A"). Item 8 of the allocation plan specifies that a portion
of the interest accrued on the fund may be allocated by the Cultural Arts Commission annually to offset
the costs of administering the awards. The Cultural Arts Commission is soliciting nominations for the
1996 awards, and will subsequently present the awards to selected recipients at the annual Beautification
Awards Banquet in May. In order to proceed with this process, a portion of the accrued interest in the
McCandliss Memorial Fund needs to be appropriated to specific line item accounts to facilitate
expenditures.
Since its inception, and as of March 4, 1996, donations to the fund total $10,688.78, and $3,250.85 of
interest has been generated in the account. A total of $2,227.35 of the interest generated has been
expended on the presentation of the awards in the past, leaving an available balance of $1,023.50. The
projected budget for this year's awards program, including the presentation of cash awards, is $875. A
proposed budget is attached (Attachment "B ").
FISCAL IMPACT: $875 of the accrued interest in the McCandliss Cultural Arts Awards account (460-
4600-3501) would be appropriated for expenditures to administer the 1996 awards. The principal in the
account would not be affected (per the Council's policy), and any allocated resources not expended would
be returned to the account at the end of the fiscal year in compliance with the established allocation plan.
Attachment:
"A" - Staff Report and Allocation Plan . ~t.U
"B" - Proposed 1995-96 BUdget~o1SC~""
[M:\home\parksrec\al13\ - McCandls.A13 ~ 03-04-96]
/'/-};'-:<
RESOLUTION NO. /I',;J ':J.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROPRIATING $875 IN INTEREST
FUNDS AND ESTABLISHING A BUDGET FOR THE
ADMINISTRATION OF THE ANNUAL GAYLE McCANDLISS
ARTS AWARDS
WHEREAS, in January of 1993, the City
Resolution #16970 which established guidelines
McCandliss Memorial Fundi and
Council adopted
for the Gayle
WHEREAS, the Cultural Arts Commission is soliciting
nominations for the 1996 awards and will present the awards to
selected recipients at the annual Beautification Awards Banquet in
MaYi and
WHEREAS, in order to proceed with this process a portion
of the accrued interest in the McCandliss Memorial Fund needs to be
appropriated to specific line item accounts to facilitate
expenditures.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby appropriate $875 of the accrued
interest in the McCandliss Cultural Arts Award account 460-4600-
3501 for expenditures to administer the 1996 awards and
establishing a budget therefor as set fort 'n Attac ent "B".
form by
Presented by
OVir
John P. Lippitt, Director of
Public Works
C:\rs\lccandls.bud
I'I-;l / lIf-f
~
,. \I.
A
OOUNCIL AGENDA STATEMENT
Item
Meeting Date 1f2i>f93
ITEM TIlLE: Resolution IU7~tab1ishing allocation guidelines for the Gayle McCandliss
Memorial Fund.
SUBMlJ U::JJ BY: Director of Parks and Recreatio~
REVIEWED BY:
City Manager
(4I5ths Vote: Yes_NoX)
A memorial fund honoring the late Mayor Gayle McCandliss was established in the early part of
1991. The fund was initially started with money that had been raised during her campaign, and was
subsequently supplemented with numerous private donations. Consistent with her wishes, the fund
was formed in order to establish a perpetual fund to recognize individuals or groups who make a
substantial contribution toward the arts in the City. The Cultural Arts Commission is prepared to
proceed on the development of an awards and scholarship program utilizing the interest accrued on
the money in the Fund, following the Council's consideration of the allocation guidelines. There is
currentJy in excess of $10,000 in the Gayle McCandliss Memorial Fund.
RECOMMENDATION: That Council approve the Resolution establishing an allocation plan
for the Gayle McCandliss Memorial Fund.
BOARDS/COMMISSIONS RECOMMENDATION: The Cultural Arts Commission met on
November 10, 1992, and voted unanimously to accept the Allocation Plan.
DISCUSSION:
The Gayle McCandliss Memorial Fund was established in 1991, and was designated to be used to
benefit the City's development of cultural arts through the recognition and provision of monetary
support to groups and/or individuals making significant contributions to the Arts. The Cultural Arts
Commission was selected to develop a prograRJ that would recognize the achievements and
contributions of local artists and organizations supporting the arts. The attached allocation plan was
developed to provide guidelines for the use of the fund. The key points of the allocation plan are
noted below.
1. Since the Fund was designated to be a perpetual source of support, the plan indicates that only
interest accrued on the principal amount in the fund is available for actual scholarships. The fund
is designed to accept additional donations, which, unless otherwise designated, become a part of the
principal of the Fund.
2. A small portion of the accrued interest on the Fund may be utilized to offset expenses in the
solicitation of nominations and presentation of awards. These costs would be relatively low, and
could included printing and binding, postage, advertising, and other publicity and processing costs.
3. The awards would be designated for groups or individuals that reside within the City, and/or that
provide a significant amount of cultural opportunities or support for the arts in the City that directly
1'I..f
It Po.. ...,
ALLOCATION PLAN FOR GAYLE MCCANDUSS MEMORIAL FUND
1. Monies in the McCandliss Memorial Fund shall be invested by the Finance Department as
part of the City's pooled investments. Interest earned on monies invested from the
McCandliss Memorial Fund will be credited to the Fund.
2. The Finance Department, on request, shall provide financial information and status of the
Fund.
3. The Fund shall be structured to allow for additional monetary donations by groups and/or
individuals. Unless otherwise specified by the donor, all additional donations shall be added
to and considered part of the principal. Parks and Recreation staff will be responsible for
using good faith and best effurt to expend the donations for the purposes specified by the
donor. The staff will attempt to get permission from the Donor to use donations for other
purposes if the original stateO purpose cannot be achieved.
4. The Cultural Arts Commission shall be responsible for establishing a system to present one
or more scholarships, awards, or endowments from the Fund, annually, to deserving groups,
organizations or individuals, based on pre-determined criteria.
5. Scholarships, awards, or endowments from the Fund shall be in the form of monetary support.
Recognition plaques or certificates may accompany the award.
6. Awards will be presented at appropriate City gatherings such as Boards and Commissions
dinners or Council Meetings.
7. Scholarships, awards, and endo,vrnents from the Fund shall be limited to the interest accrued
annually in the Fund. Fund principal will not be allocated for this purpose without approval
from the Cultural Arts Commission and City Council.
8. A portion of the interest accrued on the Fund principal may be allocated by the Cultural Arts
Commission to cover direct administrative processing costs of promoting and presenting the
scholarships, awards, or endowments.
9. Scholarships, awards, or endowments from the Fund shall be presented to individuals, groups
or organizations that reside within the boundaries of the City, and/or that provide cultural
opportunities to the residents of the City of Chula Vista.
10. The Commission shall take iuto consideration the broad ethnic and cultural diversity of the
City when determining criteria for each award. Awards may be based on solicited
nominations from specific organizations, i.e., school districts, or from members of the general
public.
JlI~~
ATTACHMENT "B"
PROPOSED BUDGET FOR ADMINISTRATION OF 1996 MCCANDLISS ART AWARDS
5211 ADVERTISING
5212 PRINTING & BINDING
5218 POSTAGE
5301 OFFICE SUPPLIES
5441 AWARDS & INDEMNITIES
$ 45.00
$ 40.00
$ 170.00
$ 20.00
$ 600.00
TOTAL
$ 875.00
[M:\home\parksrec\al13\ - McCandls.A13 - 03-04-96]
11/.. ?
COUNCIL AGENDA STATEMENT
Item
I>
Meeting Date 3/26/95
Public Hearing: PCM-94-04; Consideration of a street name change for
the segment of East Orange Avenue between Hunte Parkway and Wueste
Road.
1B'.2.'J
Resolution approving a street name change for the segment of East
Orange Avenue between Hunte Parkway and Wueste Road to "Olympic
Parkway"
SUBMITTED BY: Director of Planning /1 ~
REVIEWED BY: City Manager ~.~~ (4/5ths Vote: Yes No---X-)
This is a City initiated application requesting approval to change the name of the segment of
East Orange Avenue between Hunte Parkway and Wueste Road to "Olympic Parkway" (see
Locator I). This proposal is the first phase of an overall plan to rename East Orange Avenue
between I-80S and Wueste Road (see Locator 2). Future street name change phases will occur
as the area along East Orange A venue is developed and the roadway is constructed.
ITEM TITLE:
The Environmental Review Coordinator has determined that the proposal is exempt from
environmental review as a Class I (c) exemption.
RECOMMENDATION:
Adopt the attached draft City Council Resolution approving the street name change.
BOARDS/COMMISSIONS RECOMMENDATION:
On February 28, 1996, the Planning Commission approved the proposed street name change
by a 6-0 vote (Chair Tuchscher absent).
DISCUSSION:
In April 1993, the City Council directed the Planning Department to look at alternatives for
changing Telegraph Canyon RoadlOtay Lakes Road or East Orange Avenue between I-80S and
Wueste Road to "Olympic Boulevard," and obtain approval for such change form the U.S.
Olympic Committee. The Planning Department staff has been meeting with representatives
from the Eastlake and Baldwin Development Companies, and the U.S. Olympic Foundation to
arrive at a satisfactory solution for all parties involved.
/Y/
Page 2, Item /5
Meeting Date 3/26/95
In a separate agreement, known as "The First Concession Granting Agreement" and signed on
on October 3, 1995, the City agreed to process, in a period of two years from the date of said
agreement, a street name change to rename Telegraph Canyon RoadlOtay Lakes Road or East
Orange Avenue from 1-805 to Wueste Road "Olympic Parkway." In exchange, the EastLake
Development Company agreed to contribute an inducement cost of $50,000 for the "Nypro
Offer" (see Exhibit A).
After evaluating the street name change for the above mentioned roadways, staff concluded that
the changing Telegraph Canyon Road/Otay Lakes Road to Olympic Parkway presented two
potential problems: 1) This roadway, although presently the only access to the U. S. Olympic
Training Center (USOTC), does not provide a direct connection to the sports facility. Thus, if
the roadway is renamed, it could be misleading for motorist looking for the sports facility; 2)
A number of commercial establishments as well as a mobile home park have addresses on
Telegraph Canyon Road/Otay Lakes Road.
Based on past history, renaming this street would likely be controversial and problematic for
residents and commercial operators. For these reasons, it is staff's opinion that renaming
Telegraph Canyon RoadlOtay Lakes is not a viable alternative.
The alternative of renaming East Orange A venue however appears to be a better solution
because once completed this roadway will provide a direct connection between 1-805 and the
USOTC. In addition, there are no commercial establishments or residential neighborhoods
along this segment of the roadway using East Orange A venue addresses.
With the exception of the segment between I-80S and Brandywine and the recently constructed
segment between Wueste Road and the USOTC main entrance, East Orange A venue is not
constructed and, consequently, changing the name of the entire segment of the roadway at this
time could mislead 1-805 motorists to a dead end street. Thus, staff is suggesting that the City
rename the portion of East Orange A venue between Hunte Parkway and Wueste Road at this
time, and rename the remaining portion of East Orange A venue as development proceeds along
this roadway. To avoid misleading motorists to a dead-end street, the existing segment between
I-80S and Brandywine should not be renamed until the entire length of the roadway is
completed to the east and connecting with the OTC.
Authorization to use the word "Olympic" for the above mentioned roadway has been granted
to the City by the U.S. Olympic Committee with the condition that enforcing mechanisms be
adopted to prevent the proliferation of the unlawful use of the word "Olympic" by businesses
and developments proximate to or on Olympic Parkway. Both EastLake and the Baldwin
Company, the two major developers effected by this street name change, have agreed to
include restrictions in their respective CC&R's (this solution is acceptable to the U. S. Olympic
Committee) and have endorsed the street name change.
1'>-- ~
/5
Page 3, Item _
Meeting Date 3/26/95
With regard to the street designator (Boulevard, Parkway, Road, Avenue, Way, Vista, etc.) it
should be noted that East Orange A venue with its designation of prime arterial would normally
be designated as "Boulevard" per the City's adopted Subdivision Manual. However, the Chula
Vista Municipal Code grants the City Council the authority to name or rename streets after
receiving a recommendation from the City Planning Commission. Because this roadway leads
to an important City landmark, the following street name designator are consider to be
appropriate alternatives:
Olympic Way
Olympic Vista
Olympic Parkway
Olympic Boulevard or
Olympic Road.
The Police and Fire Departments have endorsed the use of Olympic as a proposed street name
indicating that, although there is an Olympia Street near by, the street number system is quite
different and therefore no conflict would exist.
The Planning Commission and both, EastLake and Baldwin Development Companies have
recommended "Olympic Parkway" as their preferred street name. The U. S. Olympic
Committee did not recommend a particular designator but indicated that they would prefer not
to use "Olympic Way."
While staff has no particular preference, "Olympic Parkway" would be consistent with other
major streets in the area which have utilized the Parkway Designator.
CONCLUSION:
For the reason noted above, staff recommends approval of the street name change III
accordance with the attached City Council Resolution.
FISCAL IMP ACT: The street sign would be installed as part of the street improvements
presently under construction. there will be not cost associated with this street name change
proposal other than staff time.
Attachments
I.
2.
3.
City Council Resolution
Locators and Exhibits , n-ll
Planning Commission Minutes and Resolutions ~ ~
(m:\home\planning\luis\pcm94-04.a13)
/..s-; :J ; f- 'f
RESOLUTION
Ir.2y3
RESOLUTION OF THE CITY OF CHULA VISTA CITY
COUNCIL APPROVING A STREET NAME CHANGE FOR
THE SEGMENT OF EAST ORANGE A VENUE BETWEEN
HUNTE PARKWAY AND WUESTE ROAD TO OLYMPIC
PARKWAY
I. RECITALS
A Project Site
WHEREAS, the proposal is to change the name of the segment of East Orange
Avenue between Hunte Parkway and Wueste Road. This segment of EAst
Orange Avenue is diagramatically represented in Exhibit A attached hereto and
incorporated by this reference and identified as "Project;" and,
B. Project; Application for Discretionary Approval
WHEREAS, On July 16, 1995, the City of Chula Vista ("Applicant") filed an
application requesting to rename the above mentioned segment of East Orange
Avenue "Olympic Parkway" ("Project"); and,
C. Planning Commission Record on Application
WHEREAS on February 28, 1996, the Planning Commission considered the
above mentioned request and after hearing staff's presentation and public
testimony approved the street name change by a 6-0 vote (with one
Commissioner absent); and,
E. City Council Record of Applications
WHEREAS, the City Clerk set the time and place for a hearing on the street
name change and notice of said hearing, together with its purpose, was given by
its publication in a newspaper of general circulation in the city and it mailing
to property owners and tenants within 1,000 feet of the exterior boundaries of
the property at least 10 days prior to the hearing; and,
WHEREAS, at the City Council meeting, at which this Resolution was adopted,
March 26, 1996, the City Council of the City of Chula Vista approved the street
name change.
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby
find, determine and resolve as follows:
~f
II. PLANNING COMMISSION RECORD
The proceedings and all evidence introduced before the Planning Commission
at their public hearing on this project held on February 28, 1996, and the
minutes and resolutions resulting therefrom, are hereby incorporated into the
record of this proceeding.
III. CERTIFICATION OF COMPLIANCE WITH CEQA
The Environmental Review Coordinator has determined that the project IS
exempt from environmental review as class I(c) exemption.
IV. NOTICE OF DETERMINATION
The City Council directs the Environmental Review coordinator to post a notice
of determination and file the same with the County Clerk.
V. ADOPTION OF RESOLUTION
In light of the facts stated above and the public testimony presented at the
hearing, the City Council hereby approves the street name change for the
segment of East Orange Avenue between Hunte Parkway and Wueste Road to
Olympic Parkway. .
Presented by
Bruce M. Boogaard
City Attorney
Robert A. Leiter
Director of Planning
M:\home\planning\luis\PCM-9404.ccl
J5-- "
..
I
I
~ (
CHULA VISTA PLANNING DEPARTMENT
LOCATOR PltOJECT City of Chula Vista PltOJECT DESCRlI'nON,
C) APPLICANT, MISCELLANEOUS
PROJECT Between Hunte Parkway & Request: Street name change for segment between Hunte
ADDRESS, Wueste Road Parkway and Wueste Road from East Orange Avenue
SCAlf, FILE NUMBER, to Olympic Boulevard.
NORTH No Scale PCM-94..()4
1~1
LOCATOR 1
"
"
~
LEGEND
- EXISTING
- - FUTURE
CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT City of Chula Vista PROJECT DESCRIPTION,
C) APPUCANT, MISCELLANEOUS
PROJECT Between Hunte Parkway & Request: Street name change for segment between Hunte
ADDRESS, Wueste Road Parkway and Wueste Road from East Orange Avenue
SCALE, FILE NUMBER, to Olympic Boulevard.
NORTH No Scale PCM-94-04
Iy-Y
LOCA TOR 2
!< It c..o - '1S-:J-.,y
Version 2
FIRST CONCESSION GRANTING AGREEMENT
BETh'EEN
CITY OF CHULA VISTA
AND
EASTLAKE DEVELOPI1ENT COt1PANY
RE: HIGH TECH/BIO TECH ECONOMIC INCENTIVE PROGRAM
" /'7
This Agreement, dated this ....J/i'Z> day of L-.'CTillj'FI(, 1995, for
the purposes of reference only and effective as of the date last
executed between the parties, is made between the City of Chula
Vista, a chartered municipal corporation of the State of California
("City"), and EastLake Development Company, a California General
Partnership ("EastLaxe"), and is made with reference to the
following facts:
1. Recitals:
A. City and EastLake are trying to stimulate high technology,
biotechnology and biomedical technology business development in a
territory of the City known as the High Tech/Bio Tech Zone as set
forth in Resolution No. 2621 (adopted February 21, 1995), primarily
consisting of the EastLake Business Center.
...--..-
B. The City and EastLake are currently negotiating a draft
agreement, dated March 10, 1995, that would establish a working
relationship to faci I i tate and encourage the location of high
technology, biotechnology and bionedical technology businesses
within the High Tech/Bio Tech Zone (conmonly known as the "Menu
Agreement"). An agreement with similar objectives and comparable
provisions may be substituted for the Menu Agreement and is
referred to herein as the "Substitute Agreement".
C. Nypro San Diego ("Nypro") is a high tech
currently located in Chula Vista that desires to relocate
existing leased facility and to expand its business
acquisition of land and construction of facilities.
business
from its
by the
D. Nypro had considered relocating to a site outside of the
City of Chula Vista. A key consideration was the significant
differential in the cost of fees related to the two sites.. The
City wished to facilitate a reduction in fee costs related to the
Chula Vista site in order to make the site more economically
competitive.
E. City wishes to encourage Nypro to relocate within the
City's High Tech/Biotech Zone in order to help "seed" the Zone with
a growing, high-tech, biomedical company via a proactive and
innovative business retention effort.
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EXHIBIT A
,
F. EastLake has entered into an agreement with Nypro for the
sale of a certain parcel of land within the High Tech/Bio Tech
Zone, whereby EastLake will place into escrow a reserve of funds,
in the amount of $324,000, for the payment of Nypro's processing,
assessment district and/or school district fees provided, however,
the City agrees to grant EastLake benefits/concessions/entitlements
with an approximate value of $324,000.
G. City approved the EastLake/Nypro transaction in concept
pursuant to Resolution No. 17871 thereby directing staff to
negotiate and return to Counci 1 for approva 1 of an agreement
("Concession Granting Agreement") granting such benef i ts/
concessions/entitlements as it determined appropriate.
H. This Agreement is intended to be such Concession Granting
Agreement.
II. Obligatory Provisions.
Now, therefore, the parties agree as follows:
A. EastLake's Promise to Discount Land to Nypro.
EastLake promises City that EastLake will Un.d~r ~ ~I1d
consummate, unless Nypro refuses, an offer ("Nypro Offer") for the
sale of land owned by EastLake in the High Tech/Bio Tech Zone to
Nypro at an overall effective price not to exceed $3.50 per square
foot of buildable acreage, and further agrees to reserve in escrow,
the amount of not less than $324,000 ("Escrow Fund"), for Nypro to
draw upon, up to a maximum equal to said amount, for the purpose of
paying Nypro's processing, permit, development impact, assessment
district, and/or school fees.
B. Concessions to be Granted by city.
The parties agree that, for the purposes of this transaction
only, the Nypro Offer, if concluded, contains an "Inducement Cost"
of $324,000 to be paid by EastLake. The parties acknowledge that
this "Inducement Cost" is the minimum amount needed to induce Nypro
to accept the Nypro Offer.
The parties further agree that, the City is willing to bear,
on the conditions subsequent herein stated, the Inducement Cost by
granting the concessions, described herein, to EastLake, ("City's
Duty to Participate in Inducement Costs") equal or greater in value
to the Inducement Costs. If the concessions granted by the city is
greater in value than the Inducement Cost ("Excess City Credit") ._
the City shall have the right, to apply the Excess City Credit in
the manner described in this Agreement.
1. Changing name of Orange Avenue to Olympic Drive.
2
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The City agrees to diligently prosecute and consider in
good faith, pursuant to the laws, rules and regulations for street
name changes and reserving to itself such unfettered discretion as
the law requires in the circumstances, a City-initiated change of
the name of Orange Avenue to Olympic Parkway or Olympic Dri~e for
the segment, of Orange Avenue rignt of way existlng between I-80S
and Wueste Road, and to bear the full processing costs therefore
("COI....."""lon NO.1").
a. Street Name Change Successful.
On the conditiOn that the street name is
substantially changed in the manner described
within two years of the Effective Date of this
Agreement, the parties agree On the following
consequences:
(i) Value of Concession No.1. The described
street name change wi 11 satisfy the City's
Duty to Participate in the Inducement Costs to
the extent of $50,000 ("Value of Concession
No.1") .
b. Street Name Change Unsuccessful
~- -. ----..-
If the street na~e is not substantially changed in
the manner described within two years of the
Effective Date of this Agreement, the City will
have a good faith duty to provide another
concession ~f equal or greater value.
2. Additional COncession.
The parties agree to diligently and in good faith, meet
and cOnfer to decide On an additional concession(s) equal or
greater in value to $274,000. (In the event the value is greater
than $274,000, the City shall be entitled to the Excess City Credit
as set forth in this Agreement.) If at the end of two years from
the Effective Date of this Agreement, the parties have not agreed
On the additional concession or its value, after meeting and
conferring in good faith, the City shall provide EastLake with a
list of no more than three concessions, equal or greater in value
to $274,000 ("List of Concessions"), from which EastLake may select
the additional concession. EastLake shall provide the City with
written notification of its selection of ,a concession or
disapproval of the List of Concessions ("Notice of Decision")
within 10 days of receiving said list. Failure to provide the City
with the Notice of Decision shall be deemed an acceptance of the'-
first concession and its value. If none of the concessions and/or
the respective values are acceptable to EastLake, the parties agree
to submit the dispute to binding arbitration, in accordance with
the Commercial Arbitration Rules of the American Arbitration
3
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Association, within 30 days of the City receiving the Notice of
Decision. The.judgment rendered by the arbitrator shall be entered
in any court, in San Diego County, having jurisdiction thereof.
The arbitration shall take place in San Diego County, California.
The parties agree to each share equally in the cost and expense of
the arbitratior.. The parties acknovlledge and agree that it is
impractical or extremely difficult for an arbitrator to choose a
concession that the City may have the authority or power to grant.
Consequently, the parties agree to limit the arbitrator to
selecting a concession from the List of Concessions as provided
herein by the City; provided, however, the arbitrator may determine
the value of said concessions.
In the event that the binding arbitration results in a
concession being granted to EastLake with a value, as decided by
the arbitrator, of less than $274,000, the City sha 11 refund
EastLake, on a prorated basis, as described below, the difference
from the value of the concession determined by the arbitrator and
$274,000 ("Difference"). The City shall refund the Difference to
EastLake by constructing infrastructure improvements, that EastLake
is required to build, including but not limited to, roadway, sewer,
water or other utility improvements, or by paying for the
construction of such improvements. The City shall have the sole
discretion in determining \'lhich infrastructure improvements it
chooses to construct for EastLake or vlhether to pay- f"or "!';U'Ch
construction. The City shall refund EastLake the Difference at a
prorated basis of $75,000 each fiscal year, or the entire amount of
the Difference if the balance owed is less than $75,000; provided,
. however, at the end of four years from the date of the arbitration
award, the City shall repay,' in cash, any balance remaining to
Eastlake. In the event that the arbitration results in a
concession being granted to EastLake with a value, as determined by
the arbitrator, in excess of $274,000, the Excess City Credit shall
be refunded to the City as set forth in this Agreement.
C. Application of Excess City Credit.
The parties agree, that should the concessions granted by
the City be greater in value than the Inducement Cost ("Excess City
Credit") the City shall have the right, for 10 years after the
Effective Date hereof or the life of the Menu Agreement (or a
substitute agreement), whichever is greater, to apply the Excess
city Credit to the acquisition of EastLake owned land within the
High Tech/Bio Tech Zone or require EastLake to discount land to a
High Tech/Bio Tech Business designated by the City or require
EastLake to apply the City credit to fees or assessments on behalf
of a future City-designated business within the High Tech/Biotech --
Zone.
If the Menu Agreement (or a Substitute Agreement) has not been
executed between EastLake and the City within 18 months from the
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Effective Date of this Agreement, as may be extended by the City,
and the City has not already applied the Excess City Credit in full
in the manner described above, the City, may in its sole
discretion, require EastLake to make a cash payment to the City of
the Excess City Credit or any remaining portion thereof. EastLake
shall pay the City the Excess City Credit within 10 days after the
ci ty has made a demand for such payment. Notwithstanding the
foregoing, EastLake may suspend payment of the Excess City Credit
to the City for a period of no longer than 45 days, or as may be
reasonably extended by the City, if EastLake reasonably anticipates
that an agreement vlit!:! a High Tech/Bio Tech Business will be
executed within said 45 day period and the City has tentatively
agreed to apply the Excess City Credit towards such transaction.
Both parties agree to use its reasonable best efforts to negotiate
the Menu Agreement and to execute the same.
D. Conditions subsequent.
The Duty of City to Participate in the Inducement Cost is
subject to the following Conditions Subsequent, such that if any of
the following conditions should occur, the City's Duty to
Participate in the Inducement Cost is voidable ab initio at the
City's option. If a concession has been effectuated to EastLake
before the occurrence of a Condition Subsequent permits the City's
Duty to be voidable and the City exercises its option to-vo"id-tne
Duty, the City shall have the right, at its option, to either (a)
acquire any other parcel of EastLake owned land within Chula Vista
desired by the City at fair market value, and apply the full value
of the concession, to the acquisition of such other EastLake owned
parcel or parcels of land; (b) require EastLake to discount, to a
High Tech/Bio Tech Business, designated by the City, a parcel of
EastLake owned land within the High Tech/Bio Tech Zone, in the
amount of the full value of the concession, or such portion
thereof, that the City designates; (c) require EastLake to
reimburse the fees of a High Tech/Biotech business designated by
the City in the full value of the concession, or (d) require
EastLake to repay the City, in cash, the following amounts: i) all
undisbursed amounts remaining in the Escrow Fund, within 10 days
after notice of voiding City's Duty is issued by City to EastLake;
and ii) all funds previously disbursed to Nypro from the Escrow
Fund, and all interest charges accrued thereon, that are recovered
by EastLake. EastLake agrees to pursue all reasonable available
legal remedies to collect all amounts disbursed to Nypro from the
Escrow Fund and shall do so at EastLake's sole cost and expense.
EastLake shall pay the City the recovered funds within 10 days of
receiving said funds. In the event the amount actually recovered
by EastLake is reduced due to a judgment against EastLake related
to the Nypro Offer, EastLake agrees to pay the City the amount by
which such disbursed funds was reduced, in addition to the amount
that was actually recovered by EastLake. EastLake further agrees
to pay the City any remaining value of the concessions, less the
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cash repayments received by the City, in the manner described by
(a) through (c) above.
Those Conditions Subsequent are as follows:
1. Building Investment. Nypro shall fail to complete
construction of an approximately 70,000 square foot facility on the
parcel (s) included in the Nypro Offer (IINypro Facil i ty") by
March 30, 1998.
2. Chula Vista Jobs Outreach. Nypro shall fail to
eXecute the attached Employment Agreement (Exhibit B) with the City
of Chula Vista prior to close of escrow, and, during the period it
is recruiting persons, to notify local employment service providers
and their respective local labor pools/clients via the South County
Career Center as provided in the agreement, and to advertise for
unfilled positions in a minimum of one daily local newspaper of
general circulation for at least three (3) days.
(3) Commence Operations. Nypro shall fail to commence
operations at the Nypro Facility by June 30, 1998.
III. Miscellaneous provisions.
A. Notice.
---....
Any notice or other document required or permitted to be given
hereunder shall be in ~riting and may be delivered personally or by
deposit in the United States mail, postage prepaid, addressed as
follows:
To EastLake:
To City:
City Manager, City of Chula Vista
276 Fourth Avenue
Chula Vista, CA. 91910
IHth copies to:
Subcommittee Chairperson (Mayor)
City Attorney
276 Fourth Avenue, Chula Vista, CA 91910
Notices and other documents deposited in the United States
mail shall be deemed delivered 48 hours fOllowing such deposit.
6
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Any party entitled or required to receive notice under this
Agreement may by like notice designate a different address to which
notices shall be sent.
B. No Partnership, Etc.
Nothing herein contained shall be construed to create a
partnership or joint venture between City and EastLake with respect
to the development of the Zone or the EastLake Business Center or
any part thereof, nor shall City have any liability or obligation
to any person whatsoever except its obligations to EastLake as
specifically set forth herein.
C. Gender, Number.
Whenever the context requires, the use herein of (i) the
neuter gender includes the masculine and the feminine gender and
(ii) the singular number includes the plural number.
D. Captions.
Captions in this Agreement are inserted for-convenience of
reference only and do not affect the construction or interpretation
of this Agreement. __ _. _ ___
E. Entire Agreement.
This Agreement contain (s) the entire agreement bet,,'een the
parties relating to the transactions contemplated hereby and all
prior or contemporaneous agreer.ents, understandings, representa-
tions and statement, oral or written, are merged into and
superseded by this Agreement.
F. Modification.
No modifications, waiver or discharge of this Agreement shall
be valid unless it is in writing and signed by the party against
which the enforcement of the modification, waiver or discharge is
or may be ought. Any modifications, waiver or discharge on the
City's behalf must be approved by the City Council unless the
authority has been specifically delegated in writing by the Council
to another person, and such delegation specifically references this
Agreement.
G. Invalidity.
If any material covenant, condition or provision of this
Agreement is held to be invalid, void or unenforceable by a final
order or judgment of a court of competent jurisdiction, the
remainder of this Agreement shall be enforceable.
7
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H. Counterparts.
This Agreement may be executed in any number of counterparts,
all of which together shall constitute one instrument.
I. . Applicable Law.
This Agreement shall be construed and enforced in accordance
with the laws of the State of California.
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8
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Signature Page to
Concession Granting Agreement
Bet\..'een
City of Chula Vista
and
EastLake Development Company
Re:
High Tech/Bio Tech Economic Incentive Program
IN WITNESS
Agreement this
WHEREOF, City and Developer
.5'0) day of U-r;'t1 r/(
GRANTOR
CITY OF CHULA VISTA
have executed this
, 1995.
EASTLAKE DEVELOPMENT COMPANY,
a California general partnership
BOSWELL PROPERTIES, INC.,
a California corporation,
General Partner
By: y~~'
Name:
Ti tle:
,~~
Mayor
By:
Attest:
~~ 0 O/7-j~PrJ;
Bever Authelet
City Clerk
By:
Name:
Title:
Approved as to form by
.... ---
CL, J1( A~~.
Bruce M. Boogaara
City Attorney
By: THE TULAGO COMPANY, a
California corporation,
General Partner
BY:~~
Name:
Title:
~
By:
Name:
Title:
M:\Ho..\Attornfy\Nyp2
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Exhibit I
ESltlnated Pennit Fees and Assessment Districts
NYPRO I
70,000 SF Facility
Chula Vista
Acreage (net) 5.65
Fees
Desion review $ 2,000
Initial Study $ 1,000
Building Pennit Fees $ 15,916
Cert. of OCcupancy $ 70
Plan Check $ -
Landscape & Site $ 770
Com!. strong Motion $ 502
Plan Maintenace $ 216
Enemy Conservation
Disabled access $ 8
State of CA $ 502
Water Fees
Sewer Fees $ 40,894
Utility Plan
School Fees
Fire Plan Check
Hazardous Mat.
OIay Mesa FBA
Flood Control
Housing Impact
County Water $ 5,687 .K
Electric $ 1,800
Mechanical $ 1,800
Plumbing $ 1,800
Interim SR-125 $ 87,248
Public Facilities DIF $ 57,190
Sewer CapaCItY $ 27,306
Traffic Signal $ 3,640
Water Meter $ 48,555
Terminal storage $ 13,600
Permit Fees $ 310,504
Pay Offs (vpluntary /' '~
AD 85-2 ( $ 98,624 ) .--'?
AD 88-1 $ 498.445- p~
School Fees $ m~ 'L.
Business Parle Fees $ 665 monthly
- -." -.--.....
Prepared by EastL8ke Development Company September 1, 1995
I>" I r
Page 1
Exhibit I
Estimated Permit Fees and Assessment uistricts
NYPRO
70,000 SF Facility
Chula Vista
Acreage (net) 5.65
Fees
Design review $ 2,000
Initial Study $ 1,000
Building Permit Fees $ 15,916
Cert. of OccupancY $ 70
Plan Check $ -
Landscape & Site $ 770
Coml. Strono Motion $ 502
Plan Maintenace $ 216
Energy Conservation
Disabled access $ 8
State of CA $ 502 -
Water Fees
Sewer Fees $ 40,894
Utility Plan
School Fees
Fire Plan Check
Hazardous Mat.
OIay Mesa FBA
Flood Control
Housing Impact
County Water $ 5,687
Electric $ 1,800
Mechanical $ 1,800
Plumbino $ 1,800
Interim SR-125 $ 87,248
Public Facilities DIF $ 57,190
Sewer CapacitY $ 27,306
Traffic Sional $ 3,640
Water Meter $ 48,555
Terminal Storage $ 13,600
Permit Fees $ 310,504
Pay Offs (voluntary)
AD 85-2 $ 98,624
AD 88-1 $ 498,<<5
School Fees $ 223,934
Business Pari( Fees $ 665 monthly
Prepared by EastLake Development Company September 1, 1995
~/?
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Page 1
RESOLUTION NO. PCM-94-04
RESOLUTION OF THE CITY OF CHULA VISTA PLANNING COMMISSION
RECOMMENDING THAT THE CITY COUNCIL APPROVE THE STREET
NAME CHANGE FOR THE SEGMENT OF EAST ORANGE AVENUE
BETWEEN HUNTE PARKWAY AND WUESTE ROAD TO OLYMPIC
PARKWAY
WHEREAS, On July 16, 1995, the City of Chula Vista initiated a street name change for the
segment of East Orange A venue between Hunte Parkway and Wueste Road; and,
WHEREAS, the street name change proposal is to change the name of the Segment of East
Orange Avenue between Hunte Parkway and Wueste Road to "Olympic Parkway;" and,
WHEREAS, the Environmental Review Coordinator has determined that the proposal is
exempt from environmental review as class I (c) of the California Environmental Quality Act; and,
WHEREAS, the Planning Director set the time and place for a hearing on the street name
change and notice of said hearing, together with its purpose, was given by its publication in a
newspaper of general circulation in the city and it mailing to property owners and tenants within
1,000 feet of the exterior boundaries of the property at least JO days prior to the hearing; and,
WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.,
February 28, 1996, in the Council Chambers, 276 Fourth Avenue, before the Planning Commission
and said hearing was thereafter closed; and,
NOW, THEREFORE, BElT RESOLVED THAT THE PLANNING COMMISSION hereby
recommends that the City Council adopt the attached draft City Council Resolution renaming the
segment of Orange A venue between Hunte Parkway and Wueste Road "Olympic Parkway."
BE IT FURTHER RESOLVED THAT a copy of this resolution be transmitted to the City
Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF THE CITY OF CHULA
VISTA, CALIFORNIA, this 28th day of February 1996, by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Commissioners Davis, Ray, Salas, Tarantino, Thomas and Willett
None
Chair Tuchscher
John C. Ray, Vice Chair
Nancy Ripley, Secretary
(m:\home\planning\luis\PCM-94-04)
IY.z ()
',-
E>~rot ft~ PrnmUn' Comnm.ioo M","~' o~N.O FFI C IAL
ITEM 1:
PUBLIC HEARING: PCM-94-04; CONSIDERATION OF A STREET NAME
CHANGE FOR THE SEGMENT OF EAST ORANGE A VENUE BETWEEN
HUNTE P ARKW A Y AND WUESTE ROAD - City of Chula Vista
Acting Senior Planner Hernandez presented the staff report noting that staff recommended
consideration of the street name change and the alternatives presented, and that the Planning
Commission forward their recommendation to the City Council for adoption.
Commissioner Tarantino was concerned that in the future the residents who lived between
Brandywine and I-80S (the last segment to be developed) would refuse to go along with the name
change. Mr. Hernandez noted that none of the properties front on East Orange Avenue, and
there would be no problem. Mr. Lee noted that the residents could provide input; however, the
Council would make the ultimate decision.
Commissioner Willett supported staff's recommendation; based on the review of Village I and
Village S, Orange Avenue was designed to look like a parkway. It would be heavily wooded
on both sides and was a parkway setting. He recommended approval of staff's recommendation.
Commissioner Salas asked the rationale for not going ahead with the Orange A venue between
Brandywine and I-80S, or if that would make people think they could get to the Olympic
Training Center from there.
Assistant Planning Director Lee explained staff's rationale that it was a very circuitous route,
and that signage would direct people a number of years along Telegraph Canyon Road. Wueste
Road would be fairly temporary; when Hunte Parkway connects, the intent would be to direct
traffic down Hunte back to Olympic Parkway, then east towards the Olympic Training Center.
There was a possibility that Wueste Road would be closed north of the Olympic Center and
made more of a pedestrian system.
This being the time and place as advertised, the public hearing was opened; no one wishing to
speak, the public hearing was closed.
MSC (Willett/Thomas) 6-0 (Chair Tuchscher absent) to accept staff's recommendation that
the City Council approve the street name change in accordance with the attached draft
resolution, with a change to the resolution to name the street "Olympic Parkway" instead
of "Olympic Boulevard."
Commissioner Willett stated that the City Council had approved the section blocking the
Olympic Visitors Center and were supposed to have faxed something to Colorado to open the
street. It was forcing them to use another parking lot. He asked if staff knew any way to get
that open. Mr. Lee suggested that Commissioner Willett call Public Works Director Lippitt or
Assistant Director Swanson the next morning.
If" .J./
-rHIS PAGE BlANK
/Y.2.')..
..
_.
7/93
PUBUC HEARING CHECK UST
PUBUC HEARING DATE:
3~A~
/ /
SUBJECT:
.,..-
-
PUBUCATION DATE
MAILED NOTICES TO PROPERTY OWNERS
NO. MAILED
PER GC ~54992 Legislative Staff, Cons
Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
7,
LOGGED IN AGENDA BOOK
COPIES TO:
/
/"
Administration (4)
Planning
~
Originating Department
Engineering
Others
City Clerk's Office (2)
POST ON BUll.ETlN BOARDS
/'
__~J/J?-
.,. /
SPECIAL INSTRUCTIONS:
-55- 1--~;2 3
,,"
6430300400
WESTERN SALT CO
P.O Box 149
SAN DIEGO CA 92112
6430301500
EASTLAKE DEVELOPMENT CO
900 LANE AVENUE #100
CHULA VISTA CA 91914
6430400300
CITY OF SAN DIEGO
c/o PROPERTY DEPT
202 C STREET
SAN DIEGO CA 92101
6430400700
UNITED STATES OLYMPIC COMMITTEE
1 OLYMPIC PLAZA
COLORADO SPRINGS CO 80909
6430700100
BALDWIN BUILOERS
C/O BALDWIN CO
500 NEWPORT CENTER DR #700
NEWPORT BEACH CA 92660
j~;2, f
NOTICE OF PUBLIC HEARING BY
THE CITY COUNCIL
OF CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT PUBLIC HEARING WILL BE HELD BY THE CITY
COUNCIL of the City of Chula Vista, California, for the purpose of considering a street name change
for the segment of East Orange Avenue between Hunte Parkway and Wueste Road (see map duplicated
on the reverse side of this notice). The City is proposing to change the name of the aforementioned
segment East Orange Avenue to Olympic Parkway. The street designator (Parkway) may be other than
Parkway as a result of the public hearing process.
The Environmental Review Coordinator has determined that the proposal is exempt from environmental
review process as a general rule exception I ( c) of the California Environmental Quality act.
Any written comments or petitions to be submitted to the City Council must be received in the Planning
Department no later than noon on the date of the hearing. Please direct any questions or comments to
Project Planner J. Luis Hernandez in the Planning Department, Public Services Building, Chula Vista
Civic Center, 276 Fourth Avenue, Chula Vista California 91910, or by calling (619) 691-5090. Please
include the Case Number noted at the bottom of this notice in all correspondence.
If you wish to challenge the City's action on this application in court, you may be limited to raising
only those issues you or someone else raised at the public hearings described in this notice, or in written
correspondence delivered to the City Council at or prior to the public hearing described in this notice.
A copy of the application and accompanying documentation are on file and available for inspection and
review at the City Planning Department.
SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL ON
TUESDAY, March 26, 1996 at 6:00 p.m.
This hearing will be held in the Council Chambers, Public Services Building, Chula Vista Civic Center, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACf (ADA)
The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require special
accommodation to access, attend and/or participate in a City meeting, activity or service request such accommodation at least 48
hours in advance for meetings and 5 days for scheduled services and activities. Please contact Nancy Ripley for specific information
at (619) 691-5101. California Relay Service is available for the hearing impaired.
Date:
Case No:
March 15, 1996
PCM-94-04
SEE LOCATOR MAP ON REVERSE SIDE.
(M:\HOME\PLANNING\LUIS\PCM-9404.NTI)
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CHULA VISTA PLANNING DEPARTMENT
LOCATOR PROJECT Cty of Chula Vllta PROJECT DESCRlI'I1ON:
C) APPLICANT: MISCELLANEOUS
PROJECT Between Hunte Parkwny & Request: Street name change for segment between Hunte
IDDRESS: Wueste Road Parkway and Wueste RDod from East Orange Awnue
5CAL!: FILE NUMB", to Olympic Boulevard.
NORTH No Scale PCM-94..()4
J5"02?
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item / ~
Meeting Date 3/26/96
Resolution /8'.1 Y'I Approving an agreement between the City of Chula
Vista and EastLake Development Company for a Community Center
Director of Parks and Recreati~
. '1"-
CIty Manager (gi~{b
{4/5ths Vote: Yes--.X..No~
SUBMITTED BY:
REVIEWED BY:
On December 12, 1995, Council considered amendments to the Sectional Planning Area (SPA) and
Public Facilities Financing Plan (PFFP) for Eastlake Greens. The Council deferred a final decision on
the Parks and Recreation Facilities Section of PFFP until the City and Eastlake Development Company
could resolve some disputed park obligations within the Eastlake Greens planning area. The agreement
will resolve the dispute and address other park related issue in the Eastlake Greens PFFP.
RECOMMENDATION:
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: (Due to the last minute negotiations with EastLake, the report will not be completed
until Friday, April 22, 1996)
(
,.
[NETWORK:-A13-ELCTRNEG.A13-March 21, 1996]
)/,
I
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item /~
Meeting Date 3/26/96
Resolution 18",,). .v~proving an agreement between the City of Chula Vista
and EastLake Development Company for a Community Center
Director of Parks and Recreat~
61'" /19
City Manager fur ~ (4/5ths Vote: Yes-XNo->
SUBMITTED BY:
REVIEWED BY:
On December 12, 1995, Council considered amendments to the Sectional Planning Area (SPA) and
Public Facilities Financing Plan (PFFP) for EastLake Greens. The Council deferred a final decision on
the Parks and Recreation Facilities Section of PFFP until the City and EastLake Development Company
(EDC) could resolve some disputed park obligations within the EastLake Greens planning area. This
agreement will resolve the dispute and address other park related issue in the EastLake Greens PFFP.
RECOMMENDATION: That Council: 1) approve the Resolution and authorize the Mayor to execute
said Agreement with the EastLake Development Company resolving a dispute on parks and recreation
issues; 2) authorize a loan to EastLake Development Company in the amount of $800,000 plus interest;
and 3) direct staff to return back to Council with amended language to the Parks and Recreation Facilities
Section of the Public Facilities Financing Plan for EastLake Greens that is consistent with the language
identified in said Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The EastLake Park Agreement identified EDC's obligation to construct a community
park, community center and gymnasium at an estimated cost of $2.6 million dollars. Other significant
EDC obligations included EDC depositing $500,000 as security for their performance on constructing
the community park and depositing an additional $500,000 to serve as security for delivering five acres
of park land in EastLake III. Since the Agreement was approved, EDC has performed the following
obligations: deposited $500,000 security to build the community park, constructed a 12.9 community
park in EastLake Greens and guaranteed the financing of a gymnasium in the EastLake III Agreement.
The remaining obligations of the EastLake Park Agreement include EDC constructing a community center
and depositing $500,000 for the five acres of park land.
During the processing of the EastLake Greens SPA Plan Amendment and PFFP, EDC had taken the
position that the community center was no longer their financial obligation because they incurred design
and construction expenditures in excess of $2.6 million dollars for Chula Vista Community Park. EDC
viewed the estimate as a limitation or cap which relieved them of the community center requirement.
Staff has maintained that EDC is still accountable to perform on the community center obligation. This
agreement will resolve the community center dispute through a cost sharing arrangement.
[NETWORK: A13-ELCTRNEG #2-March 22, 1996J
14- --I
\- )
Page 2 Item I&.
Meeting Date 3/26/96
THE AGREEMENT REGARDING RESOLUTION OF DISPUTE
In general, the agreement articulates certain action steps both parties must take to reach the ultimate goal
of constructing a community center. The document contains many safeguards to ensure the City
maintains its discretionary review authority and leverage necessary to enforce EDC's performance
obligations.
Although the main focus of this agreement is the community center, other park and recreation issues
within the EastLake Greens have been folded into the document. The agreement addresses five important
park and recreation issues: 1) the release of a $500,000 park land dedication and improvement bond; 2)
the requirement of EDC to contribute to the cost of constructing a community center; 3) the release of
$500,000 (plus interest) which was intended to secure the duty to build a community park in EastLake
Greens 4) the establishment of outside time limits that EDC must meet to satisfy the remaining EastLake
Greens park duties; and 5) establishing a process for determining the use of excess park acreage in
EastLake Greens that could be applied to EDC's development of the landswap area.
The more significant aspects of the agreement are noted below:
Section 2.1 - 2.2.2 EDC Loan
Sections 2.1 through 2.2.2 addresses EDC waiving their claim to a previously deposited park fee deposit
of $500,000 plus $300,000 interest. This is accomplished by EDC acknowledging City ownership of the
money. This allows the City to loan the funds to EastLake at a rate of 3% per annum, compounded
annually until the money repaid on July 1, 1999. With respect to the repayment date, if for some reason
the center is not constructed by July 1, 1999, EDC must continue loan payments at an average quarterly
interest rate that is consistent with the City's earnings on its investment pool. Once the loan is repaid
the City will use the funds to build the community center. EDC must secure the loan with bond or a
letter of credit which acceptable to the City.
A loan approach to financing the community center was necessary due to the difficulties staff experienced
in trying to make this a turnkey project. A turnkey approach to park development entails the developer
funding and building the public amenity without any City financial involvement. The City secures the
developer's parks and recreation duty to perform through the development process (SPA and tentative
map conditions) and a park development bond. A turnkey approach versus a public works project
approach is usually encouraged because of the labor intensive nature of capital improvement projects.
It was determined that the construction of the community center would become a public works project
when the City funds even a portion of the project. Moreover, in the turnkey project alternative, EDC
wanted to ensure the City approved every aspect of the project. Typically, staff is not as involved in a
turnkey project because it is the developer's duty to perform all aspects of the project's development.
In response to EDC requirement of City oversight in all aspects of the project, staff decided it would
be far more efficient for the City to construct the community center. This approach would eliminate the
time consuming and costly review of a second party. Finally, staff wanted avoid any potential
[NETWORK;~A13-ELCTRNEG.#2-March 22, 1996]
)4.;1.
Page 3 Item / "
Meeting Date 3/26/96
disagreements about what constitutes eligible cost once the project was underway.
Section 2.3 Release of the Bond
This section recognizes that EDC deposited a bond for the five acres of park land owed to the City.
Council may recall when EastLake privatized the area around the lake in EastLake I, they had an
obligation to deliver five acres of park land in EastLake III. They were required to secure the land with
a $500,000 cash deposit. In-lieu of cash, EDC deposited a bond. Although EDC was informed about
the unacceptability of the bond in-lieu of cash deposit, they did not claim the bond back from the City.
Basically, this section highlights the fact that the bond will be returned to EDC and the City will waive
the cash deposit requirement. The City will not lose any leverage to call on these five acres because the
land is recognized as an obligation of EDC in the EastLake III Development Agreement.
The EastLake III Development Agreement authorizes the City to the five acres for a neighborhood park
or community park in the EastLake III. This approach is consistent with the way the two acre shortfall
from the community park was treated. In this case, the City did not require a cash deposit for the two
acres. The shortfall was remedied by making it an EDC obligation in the EastLake III Development
Agreement. It is unclear why the City had required a cash deposit on the five acres generated from
EastLake I but didn't require a cash deposit on the two acres generated from the community park.
Section 2.4 The Community Center
This section addresses the financing, construction and location of the community center. As noted earlier,
through an EDC loan repayment, the City will be responsible to build the community center as a public
works project. The project shall commence 18 months after the City receives the repayment of the loan
but not sooner than the July 1, 1999. Both parties may agree in writing to a later construction date.
During the negotiation process Council had concerns about building the community center and gymnasium
at Chula Vista Community Park due to the parking demand these facilities would generate. Staff was
directed to look at future candidate sites for these facilities. Staff also sought to negotiate an additional
two acres of park area that might be lost at a future site because of the placement of facilities.
The agreement also identifies the alternative site and the constraints that are associated with any long term
development project. The recommended candidate site is in the EastLake III planning area. The
community park location is north of Otay Lake Road as indicated in the EastLake III General
Development Plan. However, Western Salt owns the park site identified in the GDP and EDC cannot
commit the property to the City at this point in time. In the negotiation process, this posed a problematic
timing issue to the City, particularly if the City was ready to build on the construction date set in this
agreement and the land wasn't in the ownership of EDC. To prevent any excessive wait for park land
dedication, the City can exercise its relocation authority to another site in eastern Chula Vista under both
scenarios: 1) if the City's contribution to the project exceeds EDC's loan repayment or 2) If EDC is
unable to perform in a timely fashion on the EastLake III property thereby constraining City's ability to
[NETWORK:-A13-ELCTRNEG.#2-March 22, 1996]
It"J
')..
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Page 4 Item / t
Meeting Date 3/26/96
own and construct on the alternative site.
When EDC assumes ownership of the future park site, the City can call on EDC to deliver the acres
necessary for the community park.
Furthermore, EastLake has agreed to provide an additional two acres of open space at the community
park to mitigate any acreage impact the building pad would have on the park. EastLake will not receive
credit for the two acres of open space. Finally, the City also has the option of transferring the
gymnasium to this future park site.
Section 2.6 - Credits for Communitv Center
This particular section deals with the credits EDC will receive when they perform on the community
center. The park credits applied to this project will be proportionate to the number of units constructed
in the EastLake I, II, III and the landswap area.
Section 2.7 - Remainim!: EastLake Greens Park ObIil!ations
This section addresses the private and public parks and the golf course trail planned in the EastLake
Greens. EDC has already constructed a 12.9 acre community park and two private parks. There
remaining obligations include delivering a 10 acre neighborhood park, a 1.1 acre golf course trail and
a 3 acre private park. Time frames for project completion are also identified. It is the purpose of this
section to clarify EDC's future duties in the Greens and "clean the slate" of all pending park obligations
in the Greens.
Section 2.8 - Excess Park Acreal!e and the Landswap Area
EDC has requested that the City consider any "excess" acreage generated from the Greens to be applied
in their landswap area. The PFFP has estimated the carryover of excess land to be approximately 4.5
acres. The language in this section authorizes excess acreage if any excess acreage is available. The
amount noted above could reduce due to unknown variables in the parks planned in the Greens. For
instance, the neighborhood park could be reduced in useable size due to re-engineering of the site or other
unknown issues that often arise through construction. In order to carryover excess park credit EDC will
have to deliver on all of the above-park facilities.
CONCLUSION
Both parties have strived to resolve multiple park issues in this agreement. The core of the dispute
involving the community center has been resolved to the mutual satisfaction of both parties. EDC
recognizes the value a community center will have on its residents and has committed a sizeable amount
of funds to ensure its construction.
[NETWORK:-A13-ELCTRNEG.#2~March 22, 1996]
//,-'/
Page 5 Item I"
Meeting Date 3/26/96
Fiscal Impact: It will cost between $1.0 - $1.3 million dollars to construct the community center.
EastLake will be loaned $800,000 (including interest compounded quarterly) and repayed by July 1, 1999.
The loan repayment will be earmarked for the community center. The City will be financially responsible
to pay for anything in excess of the loan (plus interest) repayment for the construction project. The City
will program this project as one of its capital improvement projects. The operation and maintenance costs
have not been determined at this time. These costs will be folded into the City's budget process when
the project is scheduled for construction.
If EastLake owns the Community Park site at the time the Community Center is implemented, the City
will receive 2 acres of additional land at the Community Park site (i.e. 17 acres versus 15 acres). The
value of that land is significant, but has not been quantified.
Attachment
A-
EastLake III General Development Plan
[NETWORK:-A13-ELCTRNEG.#2-March 22, 1996J
I~.f )-t,
RESOLUTION NO. I r.2 "if
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT WITH
EASTLAKE DEVELOPMENT COMPANY FOR FINANCING,
DESIGN AND CONSTRUCTION OF A COMMUNITY CENTER
WHEREAS, EastLake Development Company (EDC) has a variety
of duties to design and build, or contribute to the cost of
designing and building (through PAD Fees or otherwise), a variety
of parks and recreational facilities throughout the EastLake
development, by virtue of various already issued and outstanding
entitlements (such as SPA Plans, Public Facility Financing Plans,
Park Master Plans), and the development thereunder, and in
conjunction with agreements, including but not limited, the
EastLake I Development Agreement dated in 1988, the EastLake Park
Agreement, dated July 14, 1989, the EastLake Greens Development
Agreement, dated June, 1990, and the EastLake III Development
Agreement dated June, 1990, and various Supplemental Subdivision
Improvement Agreements entered into as conditions of obtaining
final maps; and,
WHEREAS, a dispute between the parties has arisen as to
EDC's duty to build a community center as part of the Chula Vista
Community Park development under the obligations of the EastLake
Greens project, to wit: EDC contends that the combined effect of
the EastLake Park Agreement and EastLake Greens Development
Agreement was to put a maximum limit on EDC's costs relative to
Chula vista Community Park improvements, which, having been reached
by the expenditures associated with the Chula vista Community Park,
negates any further duties on the part of EDC to construct a
Community Center and City contends that no such maximum limit
exists, and that EDC is obligated to build a Community Center in
the Chula vista Community Park in EastLake; and,
WHEREAS, the purpose of this agreement is to adjust some
of the rights and duties of EDC and the City as contained in parts
of those various agreements only and to the extent herein set
forth, and to create other rights and duties as herein set forth,
and to allow the remaining rights and duties not specifically
adjusted hereby, to continue to be governed by the existing and
outstanding entitlements and agreements; and,
WHEREAS, the purpose of such adjustment and additional
duties is to resolve disputes between the parties arising from the
differing interpretations contained in the prior agreements.
1
1""1
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve an Agreement with EastLake
Development Company for Financing, Design and Construction of a
Community center, a copy of which is on file in the office of the
City Clerk as Document 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
as to
Jess Valenzuela, Director of
Parks and Recreation
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Exhibit 3
~EASTLAKE III
A PLANNED COMMUNITY BY EASTLAKE DEVELOPMENT co. /~'1 /It -It)
Agreement
Between
city of Chula vista
and
EastLake Development Company
Regarding
Resolution of Dispute
Regarding
outstanding Park and Recreation Facility Issues
This Memorandum of Understanding is an agreement, made this
20th day of March, 1996 for reference only, and effective as of
the date last executed by the parties, is between the city of
Chula vista, a charter municipal corporation of the state of Cal-
ifornia ("City") and EastLake Development Company, a California
General Partnership ("EDC"), and is made with reference to the
following facts:
1. Recitals
1.1 EDC has a variety of duties to design and build, or
contribute to the cost of designing and building (through PAD
Fees or otherwise), a variety of parks and recreational
facilities throughout the EastLake development, by virtue of
various already issued and outstanding entitlements (such as SPA
Plans, Public Facility Financing Plans, Park Master Plans), and
the development thereunder, and in conjunction with agreements,
including but not limited, the EastLake I Development Agreement
dated in 1988, the EastLake Park Agreement, dated July 14, 1989,
the EastLake Greens Development Agreement, dated June, 1990, and
the EastLake III Development Agreement dated June, 1990, and
various Supplemental Subdivision Improvement Agreements entered
into as conditions of obtaining final maps; and,
1.2 A dispute between the parties has arisen as to EDC's
duty to build a community center as part of the Chula vista
Community Park development under the obligations of the EastLake
Greens project, to wit: EDC contends that the combined effect of
the EastLake Park Agreement and EastLake Greens Development
Agreement was to put a maximum limit on EDC's costs relative to
Chula vista community Park improvements, which, having been
reached by the expenditures associated with the Chula vista
Community Park, negates any further duties on the part of EDC to
construct a Community Center. city contends that no such maximum
limit exists, and that EDC is obligated to build a Community
Center in the Chula Vista Community Park in EastLake.
e:\edcprk12.wp
March 21, 1996
EDC Loan Agreement
Page 1
/J,.//
1.3 The purpose of this agreement is to adjust some of the
rights and duties of EDC and the City as contained in parts of
those various agreements only and to the extent herein set forth,
and to create other rights and duties as herein set forth, and to
allow the remaining rights and duties not specifically adjusted
hereby, to continue to be governed by the existing and
outstanding entitlements and agreements. The purpose of such
adjustment and additional duties is to resolve disputes between
the parties arising from the differing interpretations contained
in the prior agreements.
1.4. One specific adjustment is the release of a specific
duty to provide a $500,000 cash deposit to secure EDC's duty to
build five (5) additional acres of park land in EastLake III due
to a deficiency of public parkland in EastLake I created by the
privatization of the park around the lake in EastLake I. EDC had
delivered a $500,000 bond (No. 100-613-614) to the City as
alternative security to induce City to release the $500,000 cash
deposit requirement, which City declined without yet returning
said Bond. It is a purpose of this agreement to acknowledge
release of said Bond and to return same.
1.5 Another specific adjustment that needs to be addressed
by this agreement is the requirement of EDC to build, or
contribute to the cost of a Community Center in EastLake,
eligible costs thereof, and credits earned therefore, which is
herein addressed.
1.6 City is willing, on the terms and conditions herein
contained, to release the previously paid park fees which were
originally collected for the Chula vista Community Park despite
not having received EastLake's cash security deposit of $500,000
which was to secure the duty to provide 5 additional acres of
park land.
1.7 Another purpose of this agreement is to establish
maximum outside time limits within which EDC has to comply with
their remaining Greens park duties, without surrendering the
City's discretion as to the amenities therein required.
1.8 Another purpose is to establish the process for
determining excess park acreage credits in the Greens, and the
right to specifically apply such excess to the Landswap Area, as
shown on the attached Exhibit A, only.
1.9 This is a settlement agreement of a disputed claim so
that, until executed by both parties, the provisions may not be
used against either party in any proceeding.
e:\edcprk12.wp
March 21, 1996
EDC Loan Agreement
Page 2
a~
2. Obligatory Provisions
2.1. EDC Waives Any Claim to previously Paid Park Fees.
EDC paid, and City collected and retained, park fees during
the late 1980's and held in Account No. 621-6212-5420, the
current balance of which is in the approximate amount of
$808,355.00 (which the City represents includes the interest
thereon according to standard rules for distributing
interest on City-owned accounts earned from its Investment
Pool). The parties agree that effective upon execution of
this Agreement and the making of the EDC Loan described
below, the ownership of the first $800,000 of said funds
shall belong to the city which city may use for any park-
related purpose, including the making the EDC Loan described
below, and the balance shall be returned to EDC. Effective
upon execution of this Agreement, and the EDC Loan being
made as described below, EDC waives any claim it has or may
have to said funds. .
2.2. EDC Loan
city agrees to loan ("EDC Loan") $800,000 ("Principal") to
EDC on the effective date of this Agreement. Interest on
said Principal shall accrue at the rate of 3% per annum,
compounded annually, on each anniversary date of the
effective date of this Agreement until July 1, 1999, and
thereafter at the rate of the City's average quarterly
interest earnings rate on City's Investment Pool of funds as
reasonably determined quarterly by the Finance Director.
EDC agrees to pay City the Principal and all accumulated
interest thereon on July 1, 1999, or such later date as city
shall thereafter demand. All principal and accumulated
interest thereon, as herein determined, shall be due and
payable on demand by City after July 1, 1999. All payments
made shall be first credited toward the payment of
accumulated interest, and thereafter credited toward the
payment of principal.
Payment to be made in u.s. Dollars at Chula Vista,
California.
2.2.1 Security for Loan
EDC shall secure its obligation to repay the
accumulated interest and Principal with a bond or
letter of credit by an issuer and in a form acceptable
to the City.
e:\edcprk12.wp
March 21, 1996
EDC Loan Agreement
Page 3
~~
2.2.2. Early Distribution of Loan Proceeds.
Upon execution of this Agreement by EDC prior to
execution by City shall be deemed to constitute an
irrevocable offer to contract with City on the terms
and conditions herein contained, and upon such
execution by EDC, City may release to EDC fifty percent
of the deposit account balance ($404,177.50) as an
early distribution of the loan proceeds. The City
shall release the balance upon approval and
ratification of this Agreement by the City Council.
2.3. Release of Bond for EDC's SPA III 5 Acre Park Duty.
Nothing herein is intended to amend the existing duty of EDC
to build parks and recreational facilities as set forth in
existing entitlements and agreements, including the duty
recited in the EastLake III Development Agreement, to build
an additional 5 acres in the territory of the EastLake SPA
III due to a park land deficiency in EastLake SPA I caused
in part by the privatization of the park land around the
lake in EastLake SPA I ("EDC's SPA III 5 Acre Park Duty")
relating to EastLake SPA III, except as follows:
2.3.1 Return of Bond as Security.
City agrees to return to EDC Bond No. 100-613-614,
which was tendered by EDC to City on February 3, 1992.
EDC's preexisting duty to provide a cash security
deposit shall be deemed discharged by this Agreement
without breach.
2.3.2 Waiving the Cash Deposit Requirement.
EDC's preexisting duty to provide a $500,000 cash
security deposit per the EastLake Park Agreement as
security for EDC's prior duty to build a 5 acre park in
SPA I, prescribed in the EastLake Park Agreement dated
July 14, 1989 shall be deemed discharged by this
Agreement without breach.
2.3.3. Security for Performance.
EDC agrees at such time as EDC is in breach of EDC's
SPA III 5 Acre Park Duty, in addition to such other
legal remedies available to the City for the
enforcement of such duty, City shall have such rights
and remedies it has under the existing entitlement and
agreements, including the EastLake III Development
agreement.
e:\edcprk12.wp
March 21, 1996
EDC Loan Agreement
Page 4
It, "'/'1
2.4 city's Community Center Duty.
Upon repayment of the loan proceeds and accumulated interest
as herein required, City shall waive any claim it may have
to require EDC to construct a Community Center for the
EastLake Project. Further City promises EDC that city will
apply proceeds of the loan repayment to the design and
construction of a community center, and for no other purpose
without the consent of EDC, according to the following terms
and conditions (City's obligations set forth in this section
may be herein referred to as "City's community Center
Duty") :
2.4.1 Timing. Construction of the Community Center
shall commence not later than 18 months after the EDC
Loan is repaid to City by EDC, but not sooner than July
1, 1999 ("Construction Commencement Date").
2.4.1.1. The parties may agree in writing to a
later Construction Commencement Date.
2.4.2. site; and Relocation Option.
The Community Center shall be built on such portion of
the campus of the Chula vista Community Park along
EastLake Parkway south of Otay Lakes Road as city shall
designate, or, at city's sole option ("Relocation
Option"), the EastLake III future community park site
currently planned for the northeast corner of Hunte
Parkway and Otay Lakes Road as shown on Exhibit B
("ELIII Community Park") unless (1) EDC is unable to
deliver said ELIII Community Park site or (2) the
City's contribution to the costs of the Community
Center (other than land) from other than the proceeds
of the EDC Loan repayment exceed the proceeds of the
EDC Loan repayment, in which case the Community Center
may be built at any location of the city's chosing in
the Eastern Territories.
2.4.2.1. Requirements Relating to Relocation
Option.
2.4.2.1.1 Time to Exercise. If City
exercises its option to relocate the
Community Center to the ELIII Community Park
site, it must exercise this option one year
in advance of the Construction Commencement
Date, as same may be deferred from time to
time.
e:\edcprk12.wp
March 21, 1996
EDC Loan Agreement
Page 5
II, -- I~
e:\edcprk12.wp
March 21, 1996
2.4.2.1.2. Secure Title; Owner's Commitment.
If city notifies EDC of City's intent to
consider exercising its Relocation Option,
and if EDC owns the land City requires and
such was planned for a community park use,
EDC shall transfer title thereto without
additional compensation (but with park
acreage credits as otherwise would be allowed
under present or future entitlements for park
development, except that no credits shall be
allowed for the two acres of expansion, as
set forth in 2.4.2.1.4.(a)) therefore on
demand by city. If the land on which the
City proposes to relocate the Community
Center is not owned by EDC but is owned by
Western Salt or a successor thereto, then EDC
shall, in good faith, request Western Salt,
or the then owner, to commit, upon such
exercise of City's Relocation Option, to
transfer title to city. If for any reason
they are unwilling or unable to expeditiously
do so in order to meet the construction
schedule of city, city shall be relieved of
the constraint of having to locate the
Community Center in the EastLake Project and
may build the Community Center any where in
the Eastern Territories. Nothing in this
agreement shall be construed or interpreted
as having the effect of requiring the current
property owner (Western Salt Company) or its
successors (excluding EDC) as having an
obligation to provide for or make
accomodations for the community Center and/or
the additional two acres of parkland for the
community park. Nothing herein shall be
interpreted or deemed as a surrender of the
City's power of eminent domain, and nothing
herein shall be deemed to surrender the power
to charge and collect a DIF or Park Fee or
other assessment or exaction associated with
development.
2.4.2.1.3. EDC's Right to Request Deferral
of Construction Date, Upon Exercise.
If city exercises its option to relocate the
Community Center to the ELIII Community Park
site, EDC shall have the right to request a
delay in the Construction Commencement Date
EDC Loan Agreement
Page 6
~~
~:'
e:\edcprk12.wp
March 21, 1996
until EDC has acquired the property through
its acquisition and development of the land
within EL III located north of otay Lakes
Road and east of Hunte Parkway.
2.4.2.1.4. EDC's Duty to Increase Park Size.
Upon City's exercise of City's relocation
option and by doing so, selects the ELIII
Community Park Site, as depicted in Exhibit
B, and in sufficient time to permit
commencement of construction of the Community
Center, EDC shall increase, at their own
cost, the size of said planned ELIII
Community Park site from its currently
planned size of 15 acres by two acres to 17
acres, and fully improve at least 15 of said
17 acres with parkland and standard amenities
so that it is developed as a coordinated park
improvement. Said expansion area of two
additional acres shall be from the
immediately adjacent open space located
adjacent to and east of the existing site, as
shown on the locational map attached hereto
as Exhibit B.
A. If the City decides to build the
Community Center at any location other
than the ELIII Community Park site, EDC
shall not be required to contribute the
additional two acres of park land. If
the city decides to build the Community
Center at the ELIII community Park site,
EDC shall contribute the additional two
acres of park land without additional
park acreage credit.
2.4.2.1.5 Effect on Gym Duty.
If City exercises its option to relocate the
Community Center to the EL III Community Park
site or some other community park site, the
parties agree that EDC's otherwise pre-
existing obligation to fund a gymnasium
(under the EastLake III Development
Agreement, section 6.1.2(i)) may, at City's
option, also be located at, and built in the
same vicinity as, or contiguous with (at the
discretion of the City) the relocated
Community Center.
EDC Loan Agreement
Page 7
I~ '17
2.4.2.2 site Costs. Should the City exercise its
Relocation Option to a site other than the ELIII
Community Park Site, as permitted under
Subparagraph 2.4.2, EDC shall not request, assert
or receive compensation for contribution of the
land on which the Community Center is built if
built on EDC owned land. The site shall be deemed
to have been dedicated to the City for parkland
purposes and shall not be deemed a contribution by
EDC. EDC shall be entitled to receive, however,
the normal park acreage credit for parkland
contributed to the City without regard to whether
the City decides to construct the Community Center
on it or not.
2.4.3 contribution of Parties to Costs.
Upon repayment of the EDC Loan, the costs for the
design and construction of the Community Center shall
be borne by the city.
2.5. EDC's Community Center Park Duty satisfied.
Effective upon execution of this Agreement, and repayment of
the EDC Loan according to its terms, the parties acknowledge
that EDC shall have satisfied any duty it may have had to
construct a community center within the EastLake Project.
2.6. PAD Fee Credits for Community Center Costs.
At such time as EDC repays the EDC Loan as herein required,
it will be entitled to a PAD fees credit, in dollars, as
determined by the City in the manner herein provided against
EDC's duty to pay the then-prevailing PAD Fees ("Community
Center PAD Fees Credit") thereafter when due for the mapping
and development of subsequent units within the area of
EastLake SPA III or the Landswap area, which area is more
specifically depicted in the map attached hereto as Exhibit
A.
2.6.1. Calculation of Community Center PAD Fees
Credit.
The amount of the Community Center Pad Fees Credit
shall be the EDC Loan Principal times a fraction the
numerator of which are the units entitled by the City
to be developed within ELIII and the Landswap Area and
the denominator of which is the total number of units
entitled by the City to be developed with the entire
EastLake area (i.e., EL I--Hills and Shores, EL II--
e:\edcprk12.wp
March 21, 1996
EDC Loan Agreement
Page 8
#~
Greens, EL III, and the Landswap Area), and then adding
to the product thereof the sum of $100,000; but in no
event shall the amount of the Community Center PAD Fees
Credit exceed $468,000.
2.6.1.1 Example of Calculation. Assuming the
following represent the number of units for each
SPA area the City has entitled EDC to develop:
Development Area
units
EL Hills & Shores
EL Greens
EL III
Landswap
Total
1,823
2,500
2,932
750
8.005
the Community Center PAD Fees Credit to which EDC
would be entitled would be $467,970, determined as
follows (3,682/8,005 x $800,000) + $100,000 =
$467,970.
2.7. Remaining EastLake Greens (EL II) Park Obligations.
EDC acknowledges that, by virtue of its entitlements already
granted for the development of the EastLake Greens SPA
territory, it has a pre-existing duty to build additional
improved parkland at such locations and with such amenities
as have already been determined in such entitlements. The
purpose of this section is to amend such pre-existing
requirements only in the following regards:
2.7.1. Remaining Greens Park Timing and Amenities.
The latest time within which EDC has to comply with the
requirements to build the remaining parks in the
EastLake Greens SPA area shall be without regard to
development and sale of units (except as the City has
discretion to extend such time limits as set forth in
section 2.6.3), and notwithstanding other agreements,
set as follows:
2.7.1.1. Private Park. EDC shall fully complete,
open and make available for private use a private
park consisting of 3.3 acres planned for Hunte
Parkway and Greensview Drive not later than March,
1997.
2.7.1.2 Neighborhood Park. EDC shall complete,
open and make available for public use the
e:\edcprk12.wp
March 21, 1996
EDC Loan Agreement
Page 9
I~ ,/q
neighborhood park consisting of 10 acres planned
for South Greensview Drive shall be fully
completed, open and available for use not later
than March 31, 1999.
2.7.1.3. Golf Course Trail with Viewing Nodes. A
Golf Course Trail with viewing nodes, as described
in existing entitlements (Public Facilities
Financing Plan for EastLake Greens), currently
planned around the EastLake Golf Course shall be
fully completed, open and available for use not
later than March 31, 1999.
Collectively, the construction of these park facilities
as required by other entitlements and amended hereby,
may be herein referred to as "EDC's Remaining EL Greens
Park Duty." All other terms and conditions of existing
entitlements and agreements remain in full force and
effect unless specifically amended hereby.
2.7.2. Existing Bonds Adequate.
city acknowledges and agrees that Bond No. 141493254 in
the amount of $1,948,750, which is currently the bond
securing EDC's Remaining EL Greens Park Duty, is
adequate in form, amount and sufficiency of surety so
as to not constitute a constraint, for so long as it
remains effective, on EDC's right, under its otherwise
existing entitlements, to develop the EastLake Greens
SPA II.
2.7.3. Subsequent Amendment to Dates for Performance
of EDC's Remaining EL Greens Park Duty.
Upon application by EDC to meet and confer, and
demonstration that the units sold in EastLake Greens
(in total, from the beginning of development in the
Greens SPA Area) has fallen appreciably below the
estimated target sales figures as follows: 1,602 units
by March, 1997 and 2,260 units by March, 1999, City
shall have the right, but not the duty, to grant
extensions of the dates for the performance and
completion of EDC's Remaining EL Greens Park Duty.
2.7.4. Acknowledgment of Sufficiency of Park Duty.
City agrees, that if EDC performs its EDC's Remaining
EL Greens Park Duty, and repays the EDC Loan as herein
required, such performance will be sufficient to
satisfy EDC's park obligations as required by the
e:\edcprk12.wp
March 21, 1996
EDC Loan Agreement
Page 10
~,~p
EastLake Greens SPA and related Tentative Map.
2.8. Right to Carryover Excess Park Credits to Landswap
Area.
The EastLake Greens Public Facilities Financing Plan,
amended December 19, 1995, and approved by Resolution No.
18169, identified credits for existing Greens park
facilities, specifically P-1 (for a credit of 12.9 acres),
P-2 (for a credit of 1.6 acres), and P-4 (for a credit of
1.9 acres), as identified in Table No.1 labeled "Parks and
Recreational Facilities" on Page 20 thereof. Upon
completion of the development of the Greens SPA area and
upon completion of the remaining facilities identified in
the Table, specifically P-3 (the Neighborhood Park ref-
erenced in section 2.6.1.2, which if built to 10 useable
acres will receive a credit of 10 acres at an agreed 100%
credit ratio), P-5 (the Private Park referenced in section
2.6.1.1 which if built to 3 useable acres, in the manner
required by City, will receive a credit of 1.5 acres at an
agreed 50% credit ratio) and the Golf Course Trail and Nodes
(which if built to 1.1 useable acres will receive a credit
of 1.1 acres at a 100% agreed credit ratio), the parties
agree to meet and confer for the purpose of determining, in
good faith, any park acreage developed to City standards and
specifications in excess of that required by the ratio
required in the City's Parkland Dedication Ordinance,
currently set at 3 acres per 1000 persons. ("Excess Park
Acreage"). Any amount of Excess Park Acreage determined by
the City to exist may, upon application by EDC, be applied
to EDC's (or their successor's) duty to build parks in the
Landswap Area.
2.9 Miscellaneous
2.9.1 Attorney Fees and Costs.
In the event litigation is instituted in order to
protect a right or require the performance of a duty
herein specified, the prevailing party shall be
entitled to attorneys fees and court costs if they have
offered to meet and confer in good faith with the
opposing party until an impasse has been reasonably
declared by either party, and has further tendered, and
if accepted, responsibly participated in, mediation of
the dispute with an independent third party agreed upon
by both parties.
2.9.2
Jurisdiction and Venue.
e:\edcprk12.wp
March 21, 1996
EDC Loan Agreement
Page 11
n~
The parties agree that this contract shall be governed
by the laws of the state of California, and in the
event that litigation is instituted by either party, it
shall be instituted in the state of California, and in
the court of appropriate jurisdiction in San Diego
County.
2.9.3 Severability.
If any non-material provision of this Agreement is for
any reason deemed to be invalid and unenforceable, the
invalidity or unenforceability of such provision shall
not affect any of the remaining provisions of this
Agreement that shall be enforced as if such invalid or
unenforceable provision had not been contained herein.
2.9.4 Notice.
Any notice required or permitted to be provided under
this Agreement shall be provided by first class mail,
postage prepaid, to the following persons:
city:
City Manager, with copies to City
Attorney and Mayor, city of Chula Vista,
276 Fourth Avenue, Chula vista, CA.
EDC:
President and General Manager,
[insert address]
or such other address either party provides or
requires for the providing of notice.
2.9.5 Equal participation in drafting.
This Agreement shall be interpreted and construed
reasonably and neither for nor against either party,
regardless of the degree to which either party
participated in its drafting.
(End of Page.
Next Page is signature Page.)
e:\edcprk12.wp
March 21, 1996
EDC Loan Agreement
Page 12
N'~~
Signature Page
Comes now the parties hereto, and having read and understood the
terms and conditions hereof, soliciting separate legal advice as
each party deems appropriate, does hereto set their hand as of
date mentioned adjacent thereto implying thereby the consent of
their principal to the terms and conditions hereof.
Date:
city of Chula vista
by:
Shirley Horton, Mayor
In:\;.
..f-c/
Date:
EastLake Development Company, a
California General Partnership,
sident
by: The Tulago Company, a
California corporation, general
partner, ~
by:~a.........j
Paul G. s~dent
Exhibit A:
Exhibit B:
Landswap/ELIII Area Map.
Map of EL III Park
e:\edcprk12.wp
March 21, 1996
EDC Loan Agreement
Page 13
//,,,).1
EXHIBIT A
General
Development
Plan
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COUNCIL AGENDA STATEMENT
(
REVIEWED BY:
Item a:/7
Meeting Date 3i1l)/96 :3 -:u,,-r"
Resolution J S' .:13'1 Accepting Bids and Awarding Contract for the
"Placement of Asphalt Rubber Hot Mix Overlay for FY 1995-96 Overlay
Program on Various Streets in the City of Chula Vista, CA (STL-224)" and
au~orizing staff to increase Quan7ities t expend all available funds for this
pro] ect
Director of Public workf
City Managerjf1io (4/Sths Vote: Yes_No..x..)
ITEM TITLE:
SUBMITTED BY:
At 2:00 p.m. on February 28, 1996 in Conference Room 2 & 3 in the Public Services Building, the
Director of Public Works received bids for the "Placement of Asphalt Rubber Hot Mix Overlay for
FY 1995-96 Overlay Program on Various Streets in the City ofChula Vista, CA (STL-224)." The
work consists of providing asphalt rubber hot mix 1 Y." thick overlay on various streets in the City.
The work includes the removal of alligator pavement areas and replacement with asphalt concrete
pavement, the cold milling of street pavement in certain areas, AC leveling courses, signal loops,
traffic control, adjustment of sewer manholes, adjustment of survey well monuments, french drain
system, and other miscellaneous work as shown on the plans. .
RECOMMENDATION: That Council: I) accept bids and award the contractto SRM Contracting
and Paving in the amount of $517,322.20 for "Placement of Asphalt Rubber Hot Mix Overlay for
FY 1995-96 Overlay Program on Various Streets in the City ofChula Vista, CA (STL-224)" and
2) authorize staff to increase quantities to expend all available funds for this project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for this project are included in the FY 1995-96 Capital Improvement Program (CIP) budget.
The project was included in the budget to avoid further deterioration of pavement and base material
on selected streets in the City. The project is similar to past overlay programs in the City except this
year, we are using asphalt rubber hot mix in place of conventional asphalt concrete mix. The use
of asphalt rubber hot mix eliminates the need for the placement of pavement fabric and minimizes
the amount of digouts required. Sidewalks ramps associated with the placement of the overlay
program were awarded by a separate contract and are now under construction.
Bids for this project were received from three contractors as follows:
M--/ /7- /
Page 2, Item I;)
Meeting Date 3/16/96
Contractor Bid Amount
1. SRM Contracting and Paving - San Diego $517,322.20
2. Sim J Harris Company - San Diego 568,939.00
3. Daley Corporation - San Diego 620,736.00
The low bid by SRM Contracting and Paving is below the Engineer's estimate of $557,710 by
$40,387.80 or 7.2%. Staff received an excellent bid for the proposed work. The Engineer's estimate
was based on prices received for the FY 1994-95 Overlay Program and previous projects utilizing
asphalt rubber hot mix (ARHM).
The specifications require that the low bidder have experience in placement of conventional asphalt
concrete and asphalt rubber hot mix. SRM Contracting and Paving is also known as Superior Ready
Mix and previously as V. R. Dennis Corporation. They have worked for the City in the past and
their work has been satisfactory. Staff also checked their references with regard to the placement
of asphalt rubber hot mix and their work was satisfactory.
The project was budgeted as an overlay project based on a fixed amount of budgeted funds in the
CIP program. At the time the project was approved by the Council, specific streets to be overlaid
were not identified. Attached as Exhibit A is a table showing the streets included in the FY 1995-96
Overlay Program (Streets 1 -30). Streets 31-34 were included in the bid documents with the intent
they would be added to the contract in the event funds remained in the project after completion of
the first 30 streets. Based on the bid amounts, staff estimates that there will be about $61,000 left
in the contingency fund. Therefore, staff proposes to overlay andlor repair existing deteriorated
portions of these streets (Items 31-34) with the remaining funds. The streets are to be overlaid in
order of priority. The City retained its right, however, to decrease the contract in the event that
unforseen conditions are encountered during the repair of the roadway (such as larger areas of dig
out and repair are necessary than were originally anticipated). The intent is to avoid a cost overrun
on the project due to quantity changes on individuals streets. In the unlikely chance that this
happens, streets will be deleted as necessary from the contract starting with number 30.
Disclosure Statement
Attached is a copy of the contractor's disclosure statement (Exhibit B).
Environmental Status
The Environmental Review Coordinator has reviewed the work involved in this project and has
determined that the project is a Class 2 exemption under Section 15302 of the Califomia
Environmental Quality Act (Reconstruction of Existing Structures and Facilities)
~ 1~-.,2,
Page 3, Item.J ;..
Meeting Date 3/16/96
Prevailin~ Wal!e Statement
The source of funding for this project is Gas Tax Funds and Transportation Partnership Funds.
Contractors bidding this project were not required to pay prevailing wages to persons employed by
them for the work under this contract. No special minority or women owned business requirements
were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid
through the sending of the Notice to Contractors to various minority trade publications.
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $517,322.20
B. Staff (Design & Inspection) 70,000.00
C. Material Testing 10,000.00
D. Contingencies (Approximately 11 %) 61,127.78
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $658,449.98
FUNDS AVAILABLE FOR CONSTRUCTION
A. Pavement Overlay Program FY 1995-96 (STL-224) $658,449.98
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $658,449.98
FISCAL IMP ACT:
After construction, only routine City maintenance amounting to mainly street sweeping will be
required. Completion of the work will reduce the need for extraordinary maintenance such as pot
hole patching. No estimate can be made of this type of extraordinary work.
Exhibit A: FY 1995-96 Pavement Overlay Streets
Exhibit B: Contractor Disclosure Statement NOT SCANNED
SLH:sb
File No: 0735-10-STL-224
M,IHOMPENGINEER'AGENDA IPA VEORVL.SLH
~ /7'-3 (11-1
RESOLUTION NO. /Y:J.;1Y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BID AND AWARDING
CONTRACT FOR "PLACEMENT OF ASPHALT RUBBER HOT
MIX OVERLAY FOR FY 1995-96 OVERLAY PROGRAM ON
VARIOUS STREETS IN THE CITY OF CHULA VISTA, CA
(STL-224)" AND AUTHORIZING STAFF TO INCREASE
QUANTITIES TO EXPEND ALL AVAILABLE FUNDS FOR
THIS PROJECT .
WHEREAS, at 2:00 p.m. on February 28, 1996, in Conference
Room 2 and 3 in the Public Service Building, the Director of public
Works received the following three bids for "placement of Asphalt
Rubber Hot Mix overlay for FY 1995-96 overlay Program on Various
streets in the City of Chula Vista, CA (STL-224).":
Contractor Bid Amount
SRM contracting and Paving - San Diego $517,322.20
Sim J Harris - San Diego 568,939.00
Daley Corporation - San Diego 620,736.00
WHEREAS, the low bid by SRM Contracting and Paving is
below the Engineer's estimate of $557,710 by $40,387.80 or 7.2%;
and
WHEREAS, the specifications require that the low bidder
have experience in placement of conventional asphalt concrete and
asphalt rubber hot mix and SRM contracting and Paving have worked
for the city in the past and their work has been satisfactory and,
therefore, staff recommends awarding the contract to SRM
contracting and Paving for this project; and
WHEREAS, the City's Environmental Review Coordinator has
reviewed the work involved in this project and determined that the
project is a Class 2 exemption under Section 15302 of the
california Environment Quality Act (ReConstruction of Existing
Structures and Facilities); and
WHEREAS, the source of funding for this project is Gas
Tax Funds and Transportation Partnership Funds and prevailing wages
were not required for work under this project, however, no special
minority or women owned business requirements were necessary as
part of the bid documents.
1
n?f /7-5
NOW, THEREFORE, BE IT RESOLVED the city council of the
City of Chula vista does hereby find, determine, order and resolve
as follows:
section 1. That the city council concurs in the
determination that this project is categorically exempt under
Section 15302, Class 2, "Reconstruction of Existing Structures and
Facilities" of the California Environmental Quality Act, and
directs the Environmental Review Coordinator file, or ratifies the
filing of, a notice of exemption for this project.
Section 2. That the Council does hereby accept the bid
of SRM Contracting and Paving as responsive and awards the contract
for "Placement of Asphalt Rubber Hot Mix Overlay for FY 1995-96
overlay Program on Various streets in the City of Chula vista" to
SRM Contracting and Paving in the amount of $517,322.20.
section 3. The Mayor of the city of Chula vista is
hereby authorized and directed to execute said contract for and on
behalf of the city of Chula vista.
section 4. That staff is hereby authorized to increase
quantities to expend all available funds for this project.
Presented by
Approved as to form by
Bruce M. Boogaard, city
Attorney
John P. Lippitt, Director of
public Works
C:\ra\overhy
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