HomeMy WebLinkAboutAgenda Packet 1993/06/22
Tuesday, June 22, 1993
6:00 p.m.
iOj declare under penalty of perJury that I a~
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted
this Agenda/Notice on the Bulletin Board at
the Public Services Building and at City HqJJ on ~
DATED, b/t7/'J:J SIGNED. <J!...
Re lar ~etin of the Ci of Chula Vlsta ouncil
Council Chambers
Public Services Building
CAIJ. TO ORDER
1.
ROLL CAIJ.:
Councilmembers Fox _' Horton _, Moore _, Rindone _, and Mayor
Nader _ .
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
June 1, 1993 (Regular Meeting of the City Council) and June 5,
1993 (Special Joint Meeting of the City Council/Parks and
Recreation Commission)
3.
APPROVAL OF MINUTES:
4. SPEaAL ORDERS OF THE DAY: None submitted.
CONSENT CALENDAR
(Items 5 through 19)
The staff recommendations regarding the following i1ems listed wuler the Consent Calendar will be enacted.l/Y the
Council by one motion wilhout discussion unless a Councibnemher, a member of the publiJ; or City staff requests
that the i1em be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to
Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form
to speak in favor of the staff recommendation; complete the pink form to speak in opposition to the staff
recommendation.) Items pulled from the Consent Calendar will be discussed after &ard and Commission
Recommendations and Action Items. Items pulled by the publil: will be the first items of business.
5. WRITTEN COMMUNICATIONS:
.
a. Letter of resignation from Human Relations Commission - Gloria Hicks, Center Director,
Maac Project, 1671 Albany St., Chula Vista, CA n011. It is recommended that the
resignation be accepted and the City Clerk be directed to post immediately according to the
Maddy Act in the Clerk's Office and the Public Library.
b. Letter requesting enforcement of handicapped parking spaces- Helen Madden, 677 "G" St.,
Sp. 1, Chula Vista, CA 91910. It is recommended that a letter be sent to Ms. Madden
informing her of the City's efforts to enforce the handicapped parking laws.
c. Letter supporting the INDWEIJ.ER Resource Recovery Park on Main Street - Teresa Aland,
Executive Director, INDWELLER, 1433 Nadon Ave., Chula Vista, CA 91911-5513: It is
recommended that the item be noted and filed.
Agenda
-2-
June 22, 1993
6. ORDINANCE 2560 AMENDING SECTION 19.34.030 OF TIlE MUNI<JPAL CODE RELATING TO
REQUIREMENTS FOR TIlE EXPANSION OR MODIFICATION OF
ALCOHOUC BEVERAGE SALES FA<JUTIES (second readinll: and adovtion)
On 4/20/93, Council adopted an interim urgency ordinance (Ordinance
Number 2552) to require a conditional use permit for any proposal to
expand or modify alcohol sales in the CoN Zone. Staff was directed to
return with a permanent amendment to the Code, which would ensure that
the operation of all alcoholic beverage sales facilities within the CoN Zone
is consistent with the intent and purpose of the zone to provide for
convenient access to goods and services while preserving and
complementing the character of the surrounding residential area. The
recommended amendment requires the issuance of a conditional use permit
for any new facility and any facilities which expand the area devoted to
alcohol sales or which require the issuance of a type of alcoholic beverage
license by the State Alcohol Beverage Control different from the license
previously held. Staff recommends Council place the ordinance on second
reading and adoption. (Director of Planning)
7. RESOLUTION 17139 APPROVING FLEXIBLE BENEFITS PLAN FOR TIlE ASSISTANT <JIT
MANAGER FOR 1992-93 - The Assistant City Manager's Flexible Benefits
Plan amount was not adjusted for 1992-93. Staff recommends approval of
the resolution. (Administration) Continued from the meeting of 6/15/93.
8. RESOLUTION 17145 APPROVING TRIP DEFERRAL AGREEMENT FOR RANCHO DEL REY SPA
III NEIGHBORHOODS R-6AND R-7 - Recent conditions in conjunction with
the Rancho Del Rey Commercial Center required that a Trip Deferral
Agreement be entered into. Staff recommends approval of the resolution.
(Deputy City Manager Krempl)
9. RESOLUTION 17146 GMNG NOTICE OF INTENT TO GRANT A FRANCHISE TO LAIDLAW
WASTE SYSTEMS, INC. FOR MULTI-FAMILY RECYCUNG COLLECTION
SERVICES AND SETTING A PUBUC HEARING THEREON - On 4/13/93,
Council approved, in concept, a proposed multi-family recycling program
with collection services to be provided by Laidlaw Waste Systems. Staff
has drafted the proposed franchise. With Council approval of the
resolution, the program will begin the Charter-required process of giving
the notice of intention to grant the franchise for multi-family recycling
collection services. This will be followed by a public hearing on the first
reading of the proposed franchise ordinance. Staff recommends approval
of the resolution and setting a public hearing for 7/13/93 at 6:00 p.m.
(Administration)
10. RESOLUTION 17147 AMENDING FISCAL YEAR (FY) 1992-93 BUDGET, PROVIDING FOR AN
UNEMPLOYMENT TRUST FUND APPROPRIATION TO TIlE
UNEMPLOYMENT INSURANCE - The City pays for its Unemployment
Insurance Claim by reimbursement. It was agreed beginning in 1991-92
not to request the normal budget requirement but rather to appropriate
each quarter from the Unemployment Insurance Account Fund. Staff
recommends approval of the resolution. (Director of Personnel) 4/5th's
vote required.
Agenda
-3-
June 22, 1993
11. RESOLUTION 17148 ACCEPTING BIDS AND AWARDING CONTRACf FOR ASPHALTIC
CONCRETE - Bids were opened on 6/4/93 for furnishing the City's
requirement for asphaltic concrete for street maintenance. The estimated
usage for Fiscal Year 1993-94 is 5,000 tons. The material will be picked
up at the vendor's plant. Staff recommends approval of the resolution.
(Director of Finance)
12. RESOLUTION 17149 AUTHORIZING TIiE EXECUTION OF A PROFESSIONAL SERVICES
AGREEMENT Willi TIiE LAW FIRM OF SHEPPARD, MULLIN, RIClITER
AND HAMPTON FOR PAYMENT OF VARIOUS LEGAL SERVICES
RENDERED FOR TIiE RANCHO DEL REY COMMERCIAL CENTER PROJECf
PER PREVIOUSLY APPROVED DEVELOPMENT AGREEMENT - Marcia
Scully, Esq., of Sheppard, Mullin, Richter and Hampton prepared the
various agreements necessary to develop a portion of the Rancho del Rey
Business Center as a commercial "power center.n The resolution covers the
Legal Services Agreement associated with the costs to be paid by the
McMillin Company including: the Development Agreement with McMillin
Company, the three implementing Agreements, and related escrow matters.
Staff recommends approval of the resolution. (Director of Community
Development)
13. RESOLUTION 17150 ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE
CONTRACTS FOR OPEN SPACE DISTRICTS 1, 5, 9, AND 10 - Staff is
submitting two separate reports -- one for Open Space District 10 and the
second including all other Open Space and Landscape Maintenance
Districts. Since Councilman Fox lives in District 10, the item has been
bifurcated in order to avoid conflict of interest and to maximize his
participation. Staff recommends approval of the resolution. (Director of
Parks and Recreation)
14. RESOLUTION 17151 ACCEPTING BIDS AND AWARDING LANDSCAPE MAINTENANCE
CONTRACTS FOR OPEN SPACE DISTRICfS 2, 3, 4, 6, 7, 8, 11, 14, 15, 17,
18, 20, 24, 26, AND EASTLAKE LANDSCAPE DISTRICf NUMBER 1 .
Request for bids to provide landscape maintenance services for Open Space
Districts 2, 3, 4, 6, 7, 8, 11, 14, 15, 17, 18, 20, 24, 26, and EastLake
District Number 1 were let out on 5/5/93 and received on 5/28/93. Staff
recommends approval of the resolution. (Director of Parks and Recreation)
,
15. RESOLUTION 17152 AMENDING CONTRACTS FOR SEWER CONSULTANT SERVICES Willi
DUDEK AND ASSOCIATES, DELOITTE AND TOUCHE, AND DWIGHT
WORDEN - Agreements were approved with three firms for legal,
engineering, and finance services to provide consulting service to City staff
and Council on a time and material basis with a "not to exceed" clause for
costs without prior Council approval. Two of the consultants are near their
"not to exceed" amounts, and the City is still in need of their services. Staff
recommends approval of the resolution. (Director of Public Works)
16. RESOLUTION 17153 APPROVING TIiE SUBMITfAL OF NINE APPLICATIONS FOR FIFTII CYCLE
FUNDS OF TIiE STATE/LOCAL TRANSPORTATION PARTNERSHIP
PROGRAM (SL TPP) - Senate Bill 300 created the SL TPP to identify and
construct locally supported projects with a minimum of State planning and
review. Staff has prepared nine applications for fifth cycle funding under
the program. In order that the application for SL TPP funding may be
considered, a resolution approving the submittal of the application to the
Caltrans Local Streets and Roads Engineer is required. Caltrans is the
agency administering the program. Staff recommends approval of the
resolution. (Director of Public Works)
Agenda
-4-
June 22, 1993
17. RESOLUTION 17154 AUTIlORIZING CI1Y ENGINEER TO EXECUTE DOCUMENTS WHICH
RELEASE SUBDMSION IMPROVEMENT AGREEMENTS AND TO HAVE
SAID RELEASES RECORDED - Recently the City has been requiring the
recordation of Subdivision Improvement Agreements in conjunction with
Final Maps. As a result, said agreements are now being listed in title
reports. The approval of the resolution will provide a mechanism for the
release of Subdivision Improvement Agreements when fulfilled or
superseded by a new agreement. Staff recommends approval of the
resolution. (Director of Public Works)
18. RESOLUTION 17155 AUTIlORIZING 1HE EXPENDITURE OF UTIIJ1Y AIJ.OCATION FUNDS TO
SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSIONS SERVING NON-
SINGLE FAMILY RESIDENTIAL PROPERTIES wm-nN 1HE "P" STREET
UTIIJ1Y UNDERGROUNDING DlSTRICf BETWEEN CHURCH AVENUE
AND SECOND AVENUE - On 12/15/92, Council amended Policy Number
585-1 by expanding the use of utility funds to reimburse all properties for
the cost of undergrounding of private service laterals. Prior to the
amendment, the policy allowed reimbursement to single family residential
properties only. The amendment is applicable to all future districts and to
all the utility undergrounding districts that were formed in calendar year
1992. Staff recommends approval of the resolution. (Director of Public
Works)
19. REPORT ADMINISTRATIVE PROCEDURES FOR IMPLEMENTATION OF 1HE
CAlJFORNIA GNATCATCHER AS A THREATENED SPECIES - On 3/25/93,
the California Gnatcatcher was listed by the U.S. Secretary of the Interior
as "threatened" under the Federal Endangered Species Act. Until an.
interim conservation process is adopted by the U.S. Fish and Wildlife
Service and the California Department of Fish and Game in the next several
months, no "take" (harm, harassment or disturbance) of the species or
occupied coastal sage scrub habitat is permitted unless the applicant
obtains the necessary Federal permits or approvals. The administrative
procedures will provide consistent review of projects within the City. Staff
recommends Council accept the report. (Director of Planning) Continued
from the meeting of 6/1/92.
* * END OF CONSENT CALENDAR * *
PUBIJC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as publil: hearinE;' 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 recommendntion; complete the pink form
to speak in opposition to the stoff recommendation.) Comments are limited to five minutes per individual
20.
PUBIJC HEARING
FORMATION OF ASSESSMENT DlSTRICf NUMBER 92-2 (AUTOPARK) -
On 3/23/93, Council adopted the resolution of intention to order the
acquisition and financing of certain infrastructure serving the Autopark
development pursuant to the Municipal Improvement Act of 1913. On
5/4/93, Council gave preliminary approval to the Engineer's Report for
Assessment District Number 92-2 (Autopark) and set public hearings for
6/8/93 and 6/22/93. All owners of property within the proposed
assessment district have been mailed a notice of the public hearings
including the proposed assessment to their land. Staff recommends
Council give direction to bring back resolutions ordering acquisition of the
improvements, confirmation of the assessments, and issuance of bonds for
Assessment District Number 92-2 following recordation of the Autopark
Parcel Map. (Director of Public Works) Continued from the meeting of
6/8/93.
Agenda
-5-
June 22, 1993
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject mntter within the Couru;il's
jurisdiction that is not an item on this agenda. (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 Couru;il on such a
subjec4 please complete the yeUow "Request to Speak Under Oral Communications Fonn" available 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 foUow up action. Your time is limited to three minuJes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Couru;il 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 agendnare expected to elicit substantiol discussions and deliberations by the
Council, staff, or members of the general publil:. The items will be considered individually by the Couru;il and staff
recommendntions 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. .'
21.
REPORT
STATUS ON TIiE SOUD WASTE PARTICIPATION AGREEMENT AND
ALTERNATIVE DISPOSAL OPTIONS - On 5/27/93, Council discussed the
proposed Solid Waste Participation Agreement even though it required
unanimous approval by all cities and it had, at that point, been rejected by
four cities. Council action at the meeting conceptually approved the
Agreement, to include committing fifty percent of the City's wastestream
to the County and bringing three specific items of concern to the
negotiation table of the Interim Commission. Subsequently, the County
Board of Supervisors approved a revised Agreement being forwarded to
Council for action which does not require unanimous approval. The report
also includes additional information regarding disposal options which could
be considered as alternatives to the Agreement. Staff recommends Council
accept the report and approve the resolution. (Administration) Continued
from the meeting of 6/15/93.
RESOLUTION 17144 APPROVING AGREEMENT BY, BETWEEN AND AMONG TIiE COUNlY OF
SAN DIEGO AND TIiE CITIES OF TIiE COUNlY ESTABUSHING AN
INTERIM SOUD WASTE COMMISSION AND PROVIDING FOR TIiE
DISPOSAL OF SOUD WASTE, AND COMMImNG FIFIYPERCENT OF TIiE
CITY'S WASTESTREAM TO TIiE COUNlY
22.
REPORT
RECOMMENDED CHANGES TO TIiE GENERAL AND SEXUAL
HARASSMENT POUCY - On 2/9/93, 'Council amended Policy Number 662-
OS resulting in the "General and Sexual Harassment Policy." It was done
as a result of enactment of the Federal Americans with Disabilities Act of
1990 and amendments to' the California State Labor Code 1102.1. Since
then several significant issues have been raised with regard to that policy.
Staff recommends Council provide instruct-ions to negotiators to meet and
confer with bargaining units over changes to the General and Sexual
Harassment Policy. (Director of Personnel)
Agenda
-6-
June 22, 1993
23.
REPORT
LEFf TIJRNS FROM TELEGRAPH CANYON ROAD AT APACHE DRIVE - On
6/23/93, Council directed staff to install a temporary sign prohibiting
vehicles traveling eastbound on Telegraph Canyon Road from turning left
to northbound Apache Drive during the weekday hours of 7:00 a.m. to
9:00 a.m. The prohibition was intended to eliminate Southwestern College
students from using Apache Drive as a shortcut during construction of Otay
Lakes Road. On 9/8/92, Council approved installation of a raised median
on Telegraph Canyon Road. The design was intended to remove the risk
of left-turn accidents across high speed two-way traffic. Council further
directed staff to return, upon completion of constnlcrion, with a report on
the effectiveness of the median and the need to retain or remove the a.m.
left-turn prohibition. Staff recommends Council accept the report.
(Director of Public Works)
ITEMS PULLED FROM TIIE CONSENT CALENDAR
This is the lime the Cily Council will discuss items whU:h have been removed from the Consent Calendar. Agenda
items pulled al the request of the public will be considered prior 10 those pulled by Councilmembers. Public
comments are limited 10 five minutes per individunL
OTHER BUSINESS
24. CIlY MANAGER'S REPORTfS)
a. Scheduling of meetings.
25. MAYOR'S REPORTfS)
a. Outreach program on contracts for disadvantage businesses.
b. Selling business ads. Continued from the meeting of 6/15/93.
c. Appointment of representative to LAFCQ's Cities Advisory Committee. Continued from the
meeting of 6/15/93.
d. Ratification of appointment to the Human Relations Commission: Ricardo Jimenez.
26. COUNCIL COMMENTS
Councilman Rindone
a. Inconsistencies with Council approval of the allocation of Community Development Block
Grant monies. Continued from the meeting of 6/15/93.
b. Reconsideration of revised Yard Waste Recycling Service Proposal by Laidlaw Waste System.
Continued from the meeting of 6/15/93..
c. South County Joint Powers Agreement for solid waste management with or without Lemon
Grove. Continued from the meeting of 6/15/93.
Councilman Fox
d. Review of Police Department policy regarding minor narcotic law violations on school
campuses. Continued from the meeting of 6/15/93.
Agenda
-7-
June 22, 1993
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA) , Western Council of Engineers (WCE) , Police Officers Association (POA) ,
International Association of Fire Fighters ClAPF), Executive Management, Mid-Management, and
Unrepresented. Continued from the meeting of 6/15/93.
Pending litigation pursuant to Government Code Section 54956.9 - EPA vs. the City of San Diego,
Chula Vista amicus party discussion, instructions to attorneys. Continued from the meeting of
6/15/93.
Pending litigation pursuant to Government Code Section 54956.9 - Igou vs. the City of Chula Vista.
(For update report, if any.) Continued from the meeting of 6/15/93.
The meeting will adjourn to (a closed session and thence to) a Joint Meeting of the City Council/County
Board of Supervisors on Wednesday, June 30, 1993 at 3:00 p.m. in the City Council Chambers, thence to
a Joint Meeting of the City Council/County Board of Supervisors on Monday, July 12, 1993 at 3:00 p.m. in
the City Council Chambers, and thence to the Regular City Council Meeting on July 13, 1993 at 6:00 p.m.
in the City Council Chambers.
A Special Joint Meeting of the City Council/Redevelopment Agency will be held immediately following the
City Council meeting.
,.,,'.
June 16. 1993
RECE.WEO
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Or: CHtllll.
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MEMO TO:
The Honorable City Council
Tim Nader. Mayor~/p
POSTING OF HUMAN RELATIONS COMMISSION VACANCY
FROM:
SUBJECT:
In February 1993. the Secretary was directed to forward a letter to Commissioner Hicks
regarding her absence from regular meetings. As the commissioner has been absent
more than 25% during fiscal year 1992/93. it is recommended that the position be
declared vacant and posted. .
TN:pw
Encls.
WJU1T!N COMMUNICATIONS
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A MUL TI-PURPOSl;SOcr' L SEI\YICE AGENCY
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OT A Y COMMUNITY CENTER
'1671 ALBANY STREET, CHULA VISTA, CA 92011 (619)922-9236
Beverly A. Authelet
City Clerk ,
City of Chula Vista,CA -
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dated February
March 3, 1993
Re: Gloria Hicks, Human Relations Commission, letter
25, 1993 for renewal of commission application
It is with much regret that I not renew my application with the
Human Relations Commission due to health reasons. I have enjoyed
giving whatever imput possible to this commission, and I look
forward in serving the chula vista community as an advocate through
the Maac Project.
If I can be of any further assistance to clients in the Chula Vista
area regarding Social Security Appeals, Welfare Problems I would
welcome the referral.
Si CerelY'~d
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C n er Director
Ma c Project
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INDWELLER
INfrastructure Dealing with Waste WELL Earth Restoration
a non-profit mutual benefit corporation
Written Communication
City Council City of Chula Vista
June 15, 1993
This cooperative of Independent Recyclers, represented by Mother-A-Land Recoverable
Resource Management, presents the concerns of a new industry and a new era of business
ethics.
Since AB939 (The Act) was enacted in 1989, information has been presented to the City of
Chula Vista, and support agencies, like Community Development and financial
institutions. The information has encompassed an evolution of reports for recycling
business as potential economic growth.
As Executive Director of IN DWELLER, I am pleased that the City Council has chosen to
consider other options 'to manage the flow of waste materials.
One such opportunity for the City is the IN DWELLER RESOURCE RECOVERY PARK.
The Park, located on Main Street in a redevelopment area is a prime opportunity to
collaborate ,on an innovative project to promote market development and attract Green
. Business, Eco-entrepreneurs. The people of Chula Vista support this project because it is a
public facility that benefits the community in many ways. Therefore, it is imperative that
the City retain it's right to the flow of public resources through a City Ordinance and
Resolution to establish flow of secondary resources for economic development. A market-
driven approach should be the highest priority for recycling. Open market competition
and private venture for public utility services can only augment waste prevention,
reduction, and collection.
A quality of life obtained only by independent recycling is up to you.
Sincerely,
V~RmT'If/EN con
Teresa Aland ) . /? f"'\
cc.:~' ~ (</, 0;" c/ L~, V,a.,; .
> . . i .'.': \ 141J{ Nacion Avenue, Chula Vista, CA 91911-5513 ,.....,
\ . ..,J\ PHONE (619) 422-1145 FAX ...;;J C
.;d.' ~ ;~~~
~A/g~
-) /3C"2.
INDWELLER
INfrastructure Dealing with Waste WELL Earth Restoration
a non-profit mutual benefit corporation
In my written communications I am not just requesting support for the
,INDWELLER RESOURCE RECOVERY PARK.
I am requesting specific support much in the same way the County is requesting
you to commit to the "Flow Control Covenant"(item 21 on tonight's agenda).
Similarly, the INDWELLER proposal is dependent upon the commitment of flow
from the region. However, this is a private system developed by independent
recycling businesses to divert recoverable resources from the solid waste stream
and County landfill system. You could say we're in competition with the County
but, this is a resource alternative as opposed to Solid Waste Management.
Since AB 939 was enacted, I have advocated the resource approach from an
interpretation of the law that protects the public resources under the California
. Public Resources Code.
Therefore, my specific request is for a commitment from the City: of Chula Vista
in the form of an ordinance that retains the right of the public to control the
secondary resource stream, reserve the right to redirect any collected material to
a specific market for the purpose of market development or any:other purpose
including, but not limited to: achieving the highest and best use of materials, and
I .
meeting AB 939 requirements; and, encouraging economic growth of industries
in and related to resource recovery and recycling. I '
The INDWELLER project can not go forward without this commitment or the
understanding that progress is being made, even if it is in the form of higher
landfill fees which support landfill costs.
Alternative systems are available for resource management to support the public
benefit. Staff and council must recognize that there has been no investment to
an alternative system. I suggest at this time, Council consider such an expense
utilizing Solid Waste Management Trust Funds for an independent study.
./
1433 Nacion Avenue, Chula Vista; CA 91911-5513 L C. -3
PHONE (619) 422-1145 FAX J
INDWELLER
INfrastructure Dealing with Waste WELL Earth Restoration
a non-profit mutual benefit corporation
Whereas, the City of Chula Vista generates 5% of the solid waste stream
. disposed at County Landfill, with an estimate for the year 2DOOover 200,000 tons
a year.
Whereas, the right of the city to control it's recyclables is critical to managing local
resources.
c~
Whereas, attracting any recyclable manufacturing business or producer of a
secondary material product to the immediate locality by guaranteeing a steady
source of raw materials.
Whereas, applications to the California Integrated Waste Management Board for
assistance in Market Development depends on control of feedsto.ck.
Whereas, specific commodities from the recycled feedstock can better serve the
local community economically because of it's related area of industry.
Therefore, be it resolved that the City of Chula Vista reserves the right to redirect
I any collected material to a specific market for the purpose of market development
or any other purpose including, but not limited to: achieving the highest and best
use of materials, and meeting AS 939 diversion requirements.
'. /1) .Ie . "OpCIW-, cI A0rei{JiLl~
l{(J(}JtCoVc ~ . .J'L' f{j .
. /3- '8 CL. (5) p '6 ( 7 I ~
, _ , {t 0
i "1.,, 11: s crJ,C\tJW-'f f4J[V J PI1
\, n DVV '. - \ .'~ (! .l---~Cu~( t&':,
. . ,~~\ c\ <<;. i--" X'V"-
) Ll?tJl~~ j0'J CV
CL {,-'e7;'o~ T
1433 Nacion Avenue, Chula Vista, CA 91911-5513
PHONE (619) 422-1145 FAX
. s-~.-i
.
.
'.
COUNCIL AGENDA STATEMENT
I
ITEM TITLE:
~?.b
Item~
, " Meeting Date~Ii""~~1
Public Hearing: PCA-92-03 - Consideration of an amendment to Title ~
19 of the Chula Vista Municipal Code to require a conditional use permit
for any proposal to expand or modifY alcoholic beverage sales facilities
in the C- N zone - City initiated .-<t\O~' '
',.. , if$"
Ordinance ':<'-5 &./:? ' Amending _~r..c~I~.34.030 of the Chula
Vista Municipal Code Relating \8&~Wements for the Expansion or
. Modification of Alcoholic ~all'e Sales Facilities '
~O? '
Director of Planning ;t!tC
, City Manager ~ ~ ~
SUBMITTED BY:
REVIEWED BY:
"
(4/5ths Vote: Yes_No_KJ
I. On August 25, 1992, the City Council adopted Ordinance' No: 2526 to require the,
issuance of a conditional use permit to sell alcoholic beverages in the CoN zone.
2.
At the meeting of April 13, 1993, Council expressed concern with the fact that the new
ordinance does not distinguish between the extent or amount of alcohol sales or
between the sale of beer, wine, and hard liquor; and thus previously, approved or
"grandfathered" facilities in the CoN zone are able to expand or modify their operations
without local review and approval.
3. On April '20, 1993, Council adopted an interim urgency' ordinance (Ordinance No.
2552) to require a conditional use permit for any proposal to expand or modify alcohol
sales in the C- N zone, and directed staff to return with a permanent amendment to the
Code within 90 days.
4. The Environmental Review Coordinator has determined that the proposed amendment
is exempt from environmental review as a minor alteration in land uSe, in accordance
with Section 15305 Class 5 of the CEQA guidelines and Class 5F of the City of Chula
Vista Environmental Review Procedures.
'RECOMMENDATION:' That Council adopt the ordinance enacting PCA 92-03 to amend the
requirements for alcoholic beverage sales facilities in the CoN zone.
BOARDS/COMMISSIONS RECOMMENDATION: On May 26, ]993, the Planning
Commission voted. 6-0 to recommend that Council enact the amem\ment in accordance with
Resolution PCA-92-03. (Draft minutes attached.)
~
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.', ~... '..
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Page 2, Item I)...
Meeting Date 6/15/93
..1..
DISCUSSION:
o
, ._'
, ..~ .I"',~""""
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The City Council' has established a local' review and approval process to ensure that the
operation of all alcoholic beverage sales facilities within the C-N 'zone is consistent with the
intent and purpose of the zone to provide for convenient access to goods and services while
preserving' and complementing the character. of the surrounding residential area. It is believed
. that the ex'p:ksion, or modification of alcohol sales in the C-N zone may have an adverse
. impact on the pub'lie health, ~afety'and welfare as it relates to an over-concentration of alcohol
. sales and the resulting impact ion 'crime in the surrounding area.
'. . . ~ '.(-~.,~,... r,
i". .-
The current ordinance requires the issuance of a conditional use permit only for the
establishment of new alcoholic beverage sales facilities within' the.C-N' zone. 'Previously
approved and "grandfathered" facilities could expand or modify their operations without local
!eview and approval. . Adoption of th~ 'proposed amendment wouldreqliire that any
modific'ation or expansion of alcoholic beverage sales operations in the C-N zone shall be
subject to issuance of a conditional use permit, in accordance with the provisions of CVMC
Section 19.14.030A6, thus establishing ,a review and control mechanism to ensure compliance
with the C-N zone intent and purpose.
S~ction 19.14.030A6 requires a Zoning Administrator conditional use permit 'with a public
. hearing for alcohol sales facilities. in the C-N' zone. In addition to the normal findings required 0
for a CUP, and in consultation with the . Police: Department, the Zoning Administrator is
reguired'to find that the facility would not result ,in imoversoncentration of such facilities in
the neighborhood. .
Overconcentration may beJound. to exist. based on (I) the number and location or eXlstmg
. facilities; (2) compliance with State Alcohol Beverage Control overconcentration standards in
effect at the tim~ of project. consideration; (3) the impact of the proposed facility on :crime; and
(4) the imp~ct of the proposed facility on traffic volume and traffic flow. The City Council
is informed of the Zoning Administrator's decision, and the Councilor other interested party,
can, appeal the matter directly to the City Council .for public hearing.
The proposed amendment to .Chapter 19:34, C-N Neighborhood' Coinmereial' Zone, of the
Chula Vista Municipal Code reads as follows:'"
Section 19.34.030 Conditional Uses
H.
Establishments contained in the list of permitted uses above, but which
include the sale of alcoholic beverages for off~site use 'or consumption,'
including anv .new facilities and anv facilities which ero:pand the' area
devoted to alcohol sales or which. require the issuance of a tvpe of' . .
alcoholic beverage license bv State Alcohol Beverage Control. different
from the license previouslv held. in accordance with the procedures in
Section 19.14.030;
o
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.;
PROOF OF PUBLICATION
(2015.5 C.C.P.)
..
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
CHULA VISTA STAR-NEWS, a newspaper of
general circulation, printed and published
TWICE-WEEKL Y in the City of Chula Vista,
and tho South Bay Judicial District, County of
San Diego, State of California, under the date
of Aug. 8, 1932, Case Number 71752; that the
notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has
been published in each regular and entire
issue of said- newspaper and not in any ~up-
piement thereof on the following dates, to-wit:
~j/ 26
all in the year 19
93
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at
Chula Vista
California, this ......~.?..... day of ...~.~!:~~.............
19....g}......................
.~g~u
. Principal Clerk
This space is for the County Clerk's Filing Stamp
".
Proof of Publication of:
Ore. 2568
.. . :"": ',: ..... .....~: ....: .;\;"~:.;,;;:oRDiN.A,:,ic"E. Nci256(j;':.:.' .._.(~:~~L~~g'16~;,~,~;~~{\H:;.f ~
L 'AN,ORDINANCE OFTHE'CITY'lOF.;CHULA V1STA'~AMENDING:SECTJONt'19.34.030:0E\THE'l
~, ~~~6~~tNM~~~gBg~~~~~~J~t~~~~~.'t~~~~~~~~~~J1~~~
':,' WHEAr.AS, on Aprll"13,1993,,theCltyCciurlcWEl:Xpr~ co~nWlth,the}actthat,tlieClty~$'r9~_:i
centlyaeopted, ordinance requiring "a condltionaJ,use" p8rmitbA'aJcohol(aal8s,faClIiti8s'ln~the';C:-N',
:fw?,~<::~~c;~t=~: ~o~:;~~~~4%~,f~:s~~f:,;,~, ,~~~~Ji~~~,':'~~#4~j~[,~"r,; ,',
" .WHEAEAS~a prevIously approved or';'grandfathered':"a/cohol'saJes,faclllty:ln,the c.N,zone~can,
therefore 9x~d Of modIfy their operations,w,ltt1out 10<;atriwieYi and apllr'oVilI; and~U?:&:t{;itif;r"it~:i~fW
-" WHEREAS; the expansion or modlflca~on of alcohol sales' In the C-N ZOIl9 may have an adviilrse'1
Impact on the public health,safety, and welf,are'as It rehitesto an over-concentrati,on of al.cohol sales,'
,and the resulting ImP8l?t on CrIme In the, surrounding area; and: ,;~:~i,",_}',_ "._ J ;'::<'.~:<,,: i', '~:-^"~;-:,~';~r;!Y i'-'!'
,;WHEAEAS, on April 20, ,1993,' Councll'adopted ,an:lnterimurgency ordlnanca'{Ordjnance,_~No;'
'2552) requlrlng,for a period'of 90 days a'oondltlonaJ_ use, permit. In:accordance wlth,CYMCSaction'
19;14.030A6, for any proposal to expand or modify alcohol'sales)nthe C-N zOr]e,'_and ~Irected staff,;
to pre~e_a .permanentordlnance for con~l~eratl~>llfl~. ~,?_pti~,ri prl~r ~ ~~ ~,~~a,li~rt,.~r ~~~~~aY-r
~ period, and" " ' . '. ". _,J, . "'~ ,'.''''~'''', : --~''','' 'J i"' "-,,,..:' :'.,,",....,, ,~V ""1; ~:'"'~,,
.~, WHEREAS; on May 26,1993, the Planning Commission adopted ~e50lutlon PCA',92--Q3 byavote_~
. of 6-0 to recommend that the CIty Council enact the proDOsedam~n_dment; and,~~' ,'!'Yf-r.~,,;;:). /;.;'",,""j,
"'-' WHEREAS,'the EnvIronmental Review Coordinator has determined, that theP,roject PCA92-03ls"
, exampt,from environmental reView as,a_'mlnor,'altenitlon,ln .land use;~ln,accordan.ce'with'S9ction,~
; '15305Class 50f the CEQA guidelines and Class SF 01 theClty,ofChula YlstaEilVironmentaJ Review
Procedures.,' ,'. :"', ,'"..' ,,-}"";'" _."~';'H" ,',,',:' " ,';,~ f:,'~" .:"',
, .. ,Nf?W,.THEREFORE, the crly'CoUl'~19f,~ CItY of cry,,!~)'-~Ia does tierebinnd:,dete~inQ.!i"dl
. ordain as rol1ows: ^. "," ',; ,'"p,P'".' .:" '_',:;l;:)!',~' .*\.,..~:.":,., : .'... .~.' ': Mf:~ :,~_"
': SECTION I: Tho City Council f1ndsthatth,!:Project PCA'92-03'1s exempt tromen'l/ironmental re-1
i~ view as a minor alteratfon in land use, In accordance with Section, 15305 Class 5 of the CEOAguldQ."i_
: 'lines and Class SF of the Ci.tv of Chula,.yls~'Erf'!jronmen!8J Review .Proced.uref!'. ,:~,:;\.,;:, ';.;;'f;;L.>>:::,:i
. , SECTION 1I:;That the publlcnecs_ssity"convenlenc&, generaLwelfareand,good'zoningrpractlce"
: ~1~:~Q~r~~~~;ment ~d ~at the ame~~~n,~ In .:Ub~~~tI;a1~~Ian: ~~~_~~ C~~~f:!~~~_la
, SECTION Ill: That SectIon 19.34.030oftheChulaVlstaMunlclpal Code Is'amendedto read as 101-
, 1m;9~34:~ ~~~11io,;a1 u~:". J ': ' " ,;:~,.<, :,_ ;' '. ,: . ::,~:,;;,~t:t .~~'" ~,,::: ,: "~,:-1:~~~::~; ::~"t~~~~;<',~~':" .
" The following uses shall be permitted In the C:N zone,provlded a condllionaJufj,e p9fmit Is I,ssuoo
'In accordanca with the provisions of Section 19;14.060:, <<\'-,'._ "; ,!f -'~",. .,~ '_'"',l..<":...(c'*-,',, "', " .
, A. Automobile servica s~t1ons, ,In 'acoordance With the provisions of_Sectlo,n~ 19.58:280;-:;-c,~~~':'.;:.df,....
, '. B. Sale of bEter or othor :alcoholIC beve,ragelJ ftii' COfl&Umptlon on tile premls8Sonly,wherethesale .
; ,Is Incidental with the sale of food":' " "f ;,~ '/ '_,c., " - '...., ;" ~/' :,c-; :,:,,'~,,~,.)' 't~ _ ~~:""'?''''':_:-'\;~' ',,;.: ":';'''''' ")",-
:.; ,C. Electrical substatl~,f"!s and gas regulator stail~n~, sUbjeetto -the previsions of ~<:tionJ~.~~ 140;'
:. \ D. Unclasslfled uses, see Chapter 19.54; ;-.::; .;, .i:'"",:" ,'. . .;. ,:-~,,.,.;',,~ ~;'):.,,;' ~.~...,:' i~'~.,oY:l;'I~~,;:;,I',; ~:;,-;,{~~.;~".
; ,--.,E:Roof.mounted satellito dishes subject to the standards set fanh In Sectlon 19~30'040;,.,'~t?~.
,:1.' F. Recydlng collection .centers, subject to the, pIOvlskJTl$ of SectJon,19.58.3;40:' {':'\;:'.".>i~:"/'~' '_Il."~':f'
. ! . G. Automated; drivo~through car washes In accordance with the PfO\IIslons of Sectlon,19.58.060;:.i;
, f H. Establishments contalnedln the list of permitted uses ~_e;:but which indude the saleofalco--_
~ holle beverages foroff-slte'use or consumptkJn;lndudlng any, neW,fl;lClUtie& and any..faelUtles which
: expan(j the area devotod to alcohol sales~or which require the Issuance of a type'of ,aJcoh(,)ji.c beVer~
': :d~::7~ethtz~~~~~~~~I~~6~~;:~~;~~~~~,~,,~'Wi:~;,:~I,~:~~~8Y,~~~;,~;;~,I?~~-_,
'1 ,I. Uquo(store (pad<age: off sale only):ln accordance with the proced,ure,' s in S9ctiO,' ,n:19, t4,0~. Y'::;,'
" .'C SECTION IV. Ordinance Number 2552 Is re~aIed, eff9CtIVe wh9n this ordinancebecomG6offec~ '
.;tive!"i'j';';'~~';'_:'--:"-:', ""~r::'~::-:--"7-:'~!-::-':;:-"::=':""",'-';_~:,,~,,'J-:>"';_'7: - .- ""':'1",i:'~'7::'-Y?,,.',Y""~__",
""j SECTION y, Effective Date; This Ordlnanc8 'Shall takeeffactana be In full ,fore9,atld ef!9Ct on the
, '~~~~S;: a"f~m.~;t:~n.::.,,".:,~: :,;'?ft~m,":':,'.' ;,.':':c;':;:;~f,.~';.:;
. , ,. ,'. , >':;~ '<> ' ''-' , '''i ';:;'" '"0' Approvedastofo.rmby
, ,~.,., :~;;~t<<~""~';'~<),\~j'"l~~ iI'i ';-I,,\-.~ru~M.Boogaard
. ; PA"SSED, APPROVED and AOOPi-~by th~ clty~60~ncil of rtu; CIty ~f{Chula-:CI~~I~:~i:l.
".thls22nddayofJuno,1993"bythe,followlngvote:_' . ,;;c.,_""\:,,,:; : ' . ~:";';"T'-f:':-"
, . AYES:CouncUmemoors;Fox.'Horton.~re, Rln<!one,Nader:p\ ' ~, ,- _' :J f:.' , ,
. NOES: Coun.cilmernbers: None-# ).\,,;.ti::':/~J"'l",-.;;:"-i~:t~\~ "'; ~ " ;:- ?~'i ~ ,'\ ,-:-1 :r,~,~:..;
ABSENT: Councllmembers: None ~!,,~"k i~~"'" '1 if; -',' b",l'l;,,~>.t . , "'~'.'~ !,-,~'-;:""" ~ ';{ " Iq,%:, ,~_'.:
ABSTAIN: Councllmembers: None " " ;.",'", "", '. -,. "c",)"" "'~"_""_
\iW~~f~~i~~j"2,:.~ti,f*~'~1'~j?>~fi;':~:~;;~}~~1l;,:F~~~~~0"
:'", 'J"BeVeny.A.'Auth,elet;,CI\V Clerk of th,. "', ty, ,o(Chula VISla, Califofnla"-dci,;hereby,CElrtHY,, th" at the,
.~ fcregolngOf~lnanCa':No.~25'~'had Its: first r~lng-onJune15,'_1993;andlts seco~,r_~I':Ig:,~
::adoptionat a regular meetlng of said City p~unell.heJ.~on 1t1~,_~d~~y,ofJu~EI:,'~~;,,'" --. 't;;:;~-;;","; .
'-, EXQCUted this 22nddayofJune",1993; , '."' '''','" - '0'. ,'. :' "".""~',,\"L,(_V,_,-; '[.,; .. ,_ " ," ,,-~,q
, :' ,,,_.\,--,,,, ".' ' :,~', '1',,"" ~', ~ '." . ,~'-- " .f,~" - ';,", " ' , . BeveriyA 'Authelet CiWClerk
,7CV00658:~\/~-' ^..;,~1~<,~'.(' !".;"" "~1.'. "" "6/26193
It ..:1-.
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Page 3, Item /,;..
Meeting Date 6/15/93
The language for the proposed amendment to Section 19.34.030 differs from that which was
adopted as part of the Interim'Urgency Ordinance No. 2552 in order to avoid unnecessary
reviews of insignificant changes such as a change in the brand of alcoholic beverage sold
which does not require a change in the type of licensing by A.B.C. The A.B.c. requires a
different type of license for malt beverages and beers, wines and distilled' spirits, as wel1 as for
some alcoholic beverages within these classes when there is a proposed change in the alcoholic
content of the beverage. Thus, the amendment would require local review if there is any
expansion or significant change in the type of alcoholic beverage sold.
FISCAL IMP ACT: Not applicable.
WPC F:\home\pJanning\973.93
~.
. 6'-:3 \ .
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'.'
o
TInS PAGE BlANK
o
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.
ORDINANCE NO., .,). S- t, 0
AN ORDINANCE OF THE CITY OF CHULA~IST &l.tt~ING '
SECTION 19.34.030 OF THE CHULA VISTA, IPAL CODE
RELATING TO REQUIREMENTS Fo.~n\~ EXPANSION OR
MODIFICATION OF ALCOHOLIC ~~GE SALES FACILITIES
(:J;_(jO~
WHEREAS, on April 13, 1993, the City Council expressed concern with the fact that the City's
recently adopted ordinance requiring a conditional use permit for alcohol sales facilities in the C-N zone
(Ordinance No. 2526) does not distinguish between the extent or amount of alcohol sales or between
the sale of malt beverages & beer, wine and distilled spirits, and .
WHEREAS, a previously approved or "grandfathered" alcohol sales facility in the CoN zone can
therefore expand or modify their operations without local review 'and approval, and
WHEREAS, the expansion or modification of alcohol sales in the CoN zone may have an adverse
impact on the public health, safety, and welfare as it relates to an over-concentration of alcohol sales
and the resulting impact on crime in the surrounding area, and
WHEREAS, on April 20, 1993, Council adopted an interim urgency ordinance (Ordinance No.
2552) requiring for a period of 90 days a conditional use permit, in accordance with CVMC Section
19. 14'.030A6, for any proposal to expand or modify alcohol sales in the C-N zone, and directed staff'
to prepare a permanent ordinance for consideration and adoption prior to the expiration of the 90-day
period, and '
.
WHEREAS, on May 26, 1993, the Planning Commission adopted resolution PCA 92-03 by a
vote of 6-0 to recommend that the City Council enact the proposed amendment, and
.
WHEREAS, the Environmental Review Coordinator has determined that the Project PCA 92-03
is exempt from environmental review as a minor alteration in land use, in accordance with Section
15305 Class 5 of the CEQA guidelines and Class 5F of the City of Chula Vista Environmental Review
Procedures. ", ,
NOW, THEREFORE, the. City Council of the City ofChula Vista does hereby find, determine
apd ordain as follows:.,' "
.SECTION I: The'City Council finds that the Project PCA 92-03 is exempt from environmental
review as a minor alteration in land use, in accordance with Section 15305 Class 5 of the CEQA
guidelines and Class 5F of the City of Chula Vista Environmental Review Procedures.
,SECTION II: That the public necessity, convenience, general welfare and good zoning practice
. justifies the amendment and that the amendment is in substantial compliance with the City of Chula
Vista General Plan. ,.
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SECTION III: That Section 19.34.030 of the Chula Vista Municipal Code is amended to read
as follows:
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Ordinance No.
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Conditional use~/i .~, 1'"
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The foliowing uses s all be permitted' in.the, CoN zone, provided a conditional use permit is
issued in accordance with th provisions of Section '19.14.060: '
19.34.030
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, A. Automobile service sta 'ons, in accordance with the provisions of Section 19:58.280;
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B. Sale of beer or other alc holic beverages for consumption on the premises only where the sale
is incidental with the sale of food;
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C. Electrical substa~ions andg regulator stations, subject to the provisions of,Section 19.58:140;
D. Unclassified uses, see Chapte '19.54;
E. Roof-mounted satellite dishes s 0ect to the standards set forth in Section 19.30.040;
"I,;
F. Recycling collectiC!n centers, subje t, to the provisions of Section 19.58.340; .
0. Automated, drive-thrqugh car washe in accordance, with the provisions of Section 19.58.060;
'R.
Establishments 'contained in the list of ermitted uses above, but which include the sale of
alcoholic beverages for off-site use or nsumption, includin!! any new facilities and any
, facilities which ex and the area devoted to a ohol sales or'which re uirethe issuance of ate
of alcoholic bevera e license b ,State Alco I 'Bevera eControl different from th Ii ense
previously held. in accordance with the proced es in Section 19.14.030;
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Ordinance Number 2'552 is ;epea1ed, ffective when this ordinance becomes
,{
I. Liquor store, (p~ckage, 9ff saie, only), in accordanc with the.procedures in Section 19.14~030.
SEC'TION IV'.
effective.
, ,:
SECTION V. Effective Date. This Ordinance shall take ef t and be in full force and effect
on the thirtieth day from and after its adoption.
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Robert A. Leiter
Director of Planning
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Bruce M. Boogaard
, City Attorney.,
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Presented by
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Excerot from Draft Minutes of 5/26/93 Planning Commission Meeting
ITEM 4:
PCA-92-03; CONSIDERATION OF AN AMENDMENT TO TITLE 19 OF THE
CHULA VISTA MUNICIPAL CODE TO REQUIRE ACONDITIONAL USE
PERMIT FOR ANY PROPOSAL TO EXPAND OR MODIFY ALCOHOLIC
BEVERAGE SALES FACILITIES IN THE C-N ZONE - City Initiated
Principal Planner Griffin presented the staff report, and noted that the City Council had adopted
an emergency ordinance requiring the CUP with over-concentration findings to be applied to any
changes to existing alcohol sales facilities, Council had directed staff to return within 90 days
with a permanent amendment to reflect that. This amendment would cover any new facilities
or any significant changes in the C-N zone and would apply the CUP over-concentration analysis
, to those facilities,
Chair Fuller asked what was meant by significant increase in alcoholic content. ,Mr. Griffin
used beer as an example--going from normal Deer to a fortified beer.
Commissioner Tarantino asked how the City \yould monitor the changes. Mr. Griffm'said the
City was notified by the ABC if a different type of license was required.
Chair Fuller inquired if those types of sales required a different type of license. Mr. Griffin
answered affirmatively.
Commissioner Ray asked if previously approved or grandfathered alcohol sales facilities within
the C-N zone could expand without the review. Mr. Griffin explained that with this amendment,
any expansion or change would require local review. .
Commissioner Martin referred to a Time Magazine article revisiting the riot of Los Angeles and
the abundance of liquor stores in the area. He felt that anything that could be done to halt this
would be helpful.
This being the time and placeas advertised, the public hearing was opened; no one wishing to
speak, the public hearing was closed. '
MSUC (Martin/Carson) 6-0 (Commissioner Tuchscher absent) to adopt Resolution PCA-93~03
recommending that the City Council enact' the draft City Council ordinance, to amend the
requirements for'alcoholic beverage sales facilities in the C-N zone.
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RESOLUTION NO. PCA 92-03
'RESOLUTION OF THE CITY' OF CHULA 'VISTA PLANNING
COMMISSION RECOMMENDING TO THE CITY COUNCIL
THE ADOPTION OF AN AMENDMENT TO SECTION
19.34.030 OF T'iE CHULA VISTA MUNICIPAL CODE
RELATING TO REQUIREMENTS FOR THE EXPANSION OR
MODIFICATION OF ALCOHOLIC BEVERAGE SALES
FACILmES IN THE CoN ZONE' '
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WHEREAS, on August 25,1992, the City Council adopted Ordinance no. 2526 tq re,quire
,the issuance of a CUP to sell alcoholic beverages in the CoN zone, and
. ." .
, WHEREAS, on April 13, 1993, Council expressed concern that the ordinance'does not
distinguish between the extent or amount of alcohol sales or between the sale of malt beverages
& beer, wine and distilled spirits, and thus previously approved' or "grandfathered" alcoholic
,'beverage sales facilities are able to expand or modify their operations .without locai review and
, approval. and ' , ,.' " " ,
. " ' "
WHEREAS. the expansion or modific'ation of alcohol sales in the, CoN zone may hav,e an
adverse impact on the public health. safety. and welfare as it relates to an over-concentration of
alcohol sales and the resulting impact on crime in the surrounding area, and
, ' ,
WHEREAS, on April 20. 1993, Council adopted Interim Urgency Ordinance No. 2552 0
to require for a period of 90 days conditional use permit, in accordance with CVMC Se~ti<?n '
'19.14.030A6, for any prop'osal to expand or modify alcohol salesjn the CoN zone, and directed
staff'to prepare a: permanent ordinance for adoption by Council, and '
, , .
WHEREAS. the project PCA 92-03 is exempt from environmental review as a minor
alteration in land use, in accordance with 'Section '15305, Class 5' of the CEQA guidelinetand
Class 5F of the City of Chula Vista Environmental Review Proced'ures; and '
..
WHEREAS, the Planning Director set the time and place for a hearing on the proposed
amendment and notice of said hearing, together with its putpos~, was given by its publication in
a newspaper of general circulation in the city at least ten days prior to the hearing, and '
'WHEREAS, the hearing was held at the time and place as advertised, namely 7:00 p.m.,
May 26. 1993. in the Council Chambers. 276 Fourth' A venue, before the Planning Commission
and said hearing was thereafter closed.' ' '.
NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNING COMMISSION,
based on the facts presented at the hearing, recommends that the City Council adopt the attached
draft ordinance amending Sectio'l 19.34.030 of the Municipal Code based on the findings
contained therein. '
. That a copy of this resolution be transmitted to the City Council.
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Resolution No. PCA 92-03
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PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA VISTA,
CALIFORNl~, this 26th day of May, 1993, by the following vote, to wit: I
AYES:
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Carson, Fuller, .Martin, Moot, Ray, Tarantino
NOES:
None'
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ABSENT:
Tuchscher
ATTEST:
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Nancy Ripl y, Secr (
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Susan Fuller, Chair !
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EXCERPT FROM MINUTES OF AUGUST' 25, 1992 CITY COUNCIL MEETING
o
PUBUC HEARINGS AND RELAn:o RESOLtmONS AND ORDlNANCFS
12; PUBUC HEARING PCA-92-03: CONSIDERATION OF AN AMENDMENT TO 1liE MUNlClPAL
CODE REQUIlUNG A CONDmONAL USE PERMIT FOR SALES OF ALCOHOUC BEVERAGES IN THE
COMMERClAL-NElGHBORHooD (C-N) ZONE .. err INITIATED - On 4/21/92, Council directed staff to
return with a proposed ordinance outlining an application procedure for alcohol sales in the C.N zone. The
procedure would require ,approval by the City and input by the Police Department, with approval being
subsequently placed on the cOnsent calendar for Council action. Staff recommends Council place ordinance
on first reading. (Director of Planning), Continued Crom the 8/11/92 meeting.
ORDTNANCE 2526 AMENDING SECI10NS 19.14.030, 19.34.020, AND 19.34.030 OF THE
MUNlClPAL CODE RELATING TO 1liE SALE OF ALCOHOUC BEVERAGES IN 1liE COMMERClAL-
NEIGHBORHOOD (C-N) ZONE Cfirstreadinl1)
,
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nus being the time and place as advenised, the public hearing was declared open.
William Tuchscher, 3633 Bonita Verde Dr., B~nita. CA, representing the Economic Development Commission,
spoke in opposition to 5laff recommendation.
There being no funher public testimony, the public hearing was declared closed.
o
ORDINANCE 2526 WAS PVoCED ON F1RST READING BY COUN01MAN MALCOLM, reading of the ten was
waived.
Mayor Nader stated that the reason for the ordinance was a public safety concern rather than strictly a
building or land we concern. He thought the Police Department was best equipped to judge whether an
alcohol retail outlet in a panicular neighborhood was going to pose a public safety threat. '
AMENDMENT TO ORDINANCE: (Nader/Moore) (1) to require the approval of the Police Department for
an administn.tive approval and (2) to put any administrative approval of an alcohol outlet in a C-N zone
on the Consenr Calendar for the following Council meeting.
Councilman Moore had a problem with "Police Department approval." He thought the Police Department
should recommend or not recommend approval to the Zoning Administrator who had that approval given
to him by Council, the Police Department did not have .that approval.
Mayor Nader added to amendment that the zoning administrator shall not approve without the concurrence
or puOiti"" recommendation of the Police Department
As the leCond, Councilman Moore, agreed to Mayor Nader's addition to the amendment.
.
BNce Boogaard, City Attorney, advised Council that staffhad consulted him about the requirement of having
the Police Chie!'s approval and his office tried to ,persuade them from wording it that way on the theory that
the Zoning Administraor was assigned the zoning power in the City not the Police Chief. It was worded
to receive the input of the Police Department and any other department, but allowed the Zoning
Administrator, which was a recognized office of the City by both the Chaner and state law, as having the
first layer of zoning authority.
VOTE ON AMENDMENT: failed 2.3 with CouncilmembenMalcolm, Moore and Rindone opposed.
VOTE ON ORDINANCE: approved unanimously.
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EXCERPT FROM MINUTES OF ~PRIL 20, 1993 CITY COUNCIL MEETING
CONSEm' CAlENDAR
Otems pulled: 6 and 7)
BALANCE OF 1HE CONSEm' CAlENDAR OFFERED BY COUNCIUdAN IUNOONE, reading of the ten was
wafved, passed and approved 4-{)-1.
8. ORDINANCE 2552 IMPOSING, AS AN INTERIM AND URGENCY MEASURE, A REQUIREMENT ,
1HAT FOR A PERlOD OF NINETY DAYS ANY PROPOSAL TO EXPAND OR MODIFY ALCOHOL SALES IN 1HE ';
C-N ZONE IS SUBJECT TO TI-IE ISSUANCE OF A COND1110NAL USE PERMIT IN ACCORDANCE WITH 1HE
PROVISIONS OF MUNICIPAl.. CODE SECI10N 19.14.030(6) (urnnn') -On 4i13/93. Council expressed
concern with the fact that the City's recently adopted ordinance requiring a conditional use permit for
alcohol sales facilities in the CoN zone does not distinguish between the extent or amounl..of alcohol sales
or between the sale of beer/wine and hard liquor. Staff recommends Council adopt the urgency ordinance.
(Director of Planning) 4/5th's ~te required.
9. ORDINANCE 2553 AMENDING sa-lEDUlE X. SECI10N 10.48.050 OF TI-IE MUNICIPAl.. CODE
DECREASING STATE LAW MAXIMUM SPEED UMITS IN CERTAIN AREAS. PASEO RANOiERO AND BUENA
.
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COUNCIL AGENDA STATEMENT
Item
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Meeting Date
ITEM TITLE:
Resolution / 7/.3? _ Approving Flexible
Assistant City Manager for 1992-93 ,
City Manager
Benefits Plan for
SUBMITTED BY:
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PLEASE RETURN ONE COPY OF. STATEMENT WITH YOUR REMIT,TANCE .
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FORM so - 14
CHULA VISTA, STAR~NEWS *
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NATIONAL.CITY STAR-NEWS*; IMPERI'AL ,BEA'(:H:STAR'NEWSlI~':,;' '
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RESOLUTION NO.
/7/37
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FLEXIBLE BENEFITS PLAN
FOR, ASSISTANT CITY MANAGER FOR 1992-93 i
, "
, ,
WHEREAS, when the Flex Plan amounts were adjusted for
executive, middle management and unrepresented employees earlier
this year, no adjustment was made/for the Assistant City Manager;
and. ;
,
WHEREAS, based upon the market range for thi~ position,
plus internal relationships, it is therefore recommended to
increase the Flex 'Plan for this position prior to the end of the
fiscal year.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve increasing the Flex
Plan for the Assistant city Manager from $6,205 to $7,000 annually
for 1992-93. I
Presented by
" ~fO<
John Goss, City Manager
F:\bome\attomey\flexplan.lIid
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COUNCIL AGENDA STATEMENT
. ITEM TITLE
Item f ~
Meetingl Date 6/22/93
Resolution "\4'5- Approving Trip Deferral Agreement for Ranc~o del Rey SPA
III Neighborhoods R-6 and R-7
SUBMITTED BY Deputy City Manager Krempl
REVIEWED BY City Manager l&.~~ 4/5 Vote: NoX Yes
V .0 ,--:; I
Recent conditions in conjunction with the Rancho del Rey Commercial Center required that a trip
deferral agreement be entered into to assure that the project complies with EIR traffic mitigation and
City threshold standards. The attached agreement implements that condition. !
RECOMMENDATION: That Council approve the Resolution and authorize the Mayor to execute the
agreement on behalf of the City. .
BOARDS/COMMISSIONS RECOMMENDATION: N.A.
DISCUSSION:
In November 1992, the City approved amendments to the Rancho del Rey SPA Plan, tentative maps
and an EIR for the Rancho del Rey Commercial Center. In order to guarantee against Ithe eventuality
of possible traffic problems on "H" Street, a trip deferral agreement affecting a portion of SPA III, some
of the residential development located on the" south side of "H" Street, was stipulat~d. The traffic
overload represented a worst case scenario if all of the approved development 'in the eastern
territories were constructed, the Rancho del Rey Commercial were built out, and all of Rancho del Rey
,
SPA III were constructed prior to the financing and completion of. an interim SR#125 transportation
facility. . . I '
The agreement allows the City the right to withhold building permits, if needed, in two residential
neighborhoods south of "H' Street, R-6 and R-7, for an amount equal to 391 P.M. peak trips (see
attachment for location). This applies if any entity within the RDR Commercial seeks a building permit
prior to the completion of the Howard Needles Tammen & Bergendoff (HNTB) SR#125 ~inanCil)g Plan.
In the event building permits are issued which would result in the generation of trips in excess of 391
P.M. peak trips, and the requisite studies and transportation capacity are. not comple1ed, then an
additional 60 P.M. peak trips shall be deferred. I . .
The agreement implements exactly the mtent and language of the subdivIsion map1 conditions for
Rancho del Rey Commercial. ..
A hearing to have considered the HNTB SR#125 studies and related documents was continued by
Council on June 8, 1993 for 60 days. This was at the request of the Construction Indu~try Federation.
Thus, staff intends to return with the item in August or September. Price Club and Home Depot intend
to pull building permits this month so the agreement is necessary at this time. I
The applicant is in concurrence with the agreement. Staff concurs as well but may have some
language refinements which will be presented before the Council meeting. I '
FISCAL IMPACT: None to the City. Unknow;' to McMillin dep~nding upon whether the1deferral is ever
implemented and the timing of the development of the SPA III neighborhoods referenced. I
j7-j /3-;"
RESOLUTION NO.
/7P/~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF1
CHULA VISTA APPROVING TRIP DEFERRAL AGREEMEN1
FOR RANCHO DEL REY SPA III NEIGHBORHOODS R-6
I
AND R-7 AND AUTHORIZING THE MAYOR TO EXECUTE
SAME
WHEREAS, recent condi'tions in conjunction with the Rancho
del Rey Commercial Center required that a trip deferral agreement
be entered into to assure that the project complieEl with EIR
traffic mitigation and city threshold standards; and I
WHEREAS, the agreement implements the intent and language
of the subdivision map conditions for Rancho del Rey Commercial
Center.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve the Trip Deferral
Agreement for Rancho del Rey SPA.. III Neighborhoods R-6 land R-7, a
copy of which is on file in the office of the city Clerk. .
I .
BE IT FURTHER RESOLVED that the Mayor of the Cl.ty of
Chula vista is hereby authorized and directed to exkcute said
Agreement for and on behalf of the City of Chula VistaJ
Presented by
Approved as to form by
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George Krempl, Deputy city
Manager
Bruce M. Boogaard, city
Attorney
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RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
McMillin Communities, Inc.
2727 Hoover Avenue
National City, California 91950
ATTENTION: Mr. Craig Fukuyama
This Space For Recorder's Use Only
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TRIP DEFERRAL AGREEMENT
FOR
RANCHO DEL REV SPA III NEIGHBORHOODS R-6 AND R-7
I
This Agreement, dated for reference purposes only as , 1993, is entered into
. ,
between the City of ChuJa Vista (City) and Rancho del Rey Partnership (Partnership) for the
. '
purpose of complying with the conditions of approval for the Rancho del Rey Commercial
Center.' I
A. On November 24, 1992, City approved amendments to the Rancho del Rey.
Specific Plan; the Specific Planning Area Plan I; CVT 92-05; CVT 93-01; EIR No! 92-02 and other
related permits for the construction of the Rancho del Rey Commercial Ceriter (Commercial
Center). . . . I ' .
B. EIR 92-02, condition "N' of CVT 92-05, condition "V" of CVT 93-01, the
,
"Supplemental Subdivision Agreement Chula Vista Tract 92-05 Rancho del Rey Commercial
Center-Price Club" and the "Supplemental Subdivision Agreement Chula ~ista Tract 93-01
Rancho Del Rey Commercial Center" all require Partnership to agree to a restriction which will
result in the possible withholding of building permits for Neighborhoods R-6 ahd R-7 in SPA III
in order to mitigate environmental impacts associated with the construction of the Commercial
Center. . I'
. 1
C. This Agreement is intended by the parties to satisfy these conditions of approval
for the Commercial Center by recognizing the City's right to withhold the issJance of building
permits pursuant to the terms described herein.
THE PARTIES AGREE AS FOllOWS:
06/02/93
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1. The City may withhold the issuance of building permits, pursuant to the terms of
this Agreement, for the construction of residential dwelling units within Neighborhoods R-6 and
R-7 as shown on the Rancho del Rey SPA III Site Utilization Plan (CVT 90-02) and as further
defined by the legal description attached hereto as Exhibit A. The parties recognize that the
legal description contained on Exhibit A is approximate and is attached hereto to provide
definition and to act as a limitation to the restrictions contained in this Agreement. The parties
further intend that upon recordation of the final map for Neighborhoods R-6 and R-7, that Exhibit
A shall be replaced by the lots described on said final map which most approximate the legal
description on Exhibit A. Upon recordation of the final map, Exhibit A will no longer be valid.
2. The right of City to withhold the issuance of building permits, as described in
paragraph one above, shall only arise if Partnership, or its successor, applies for building permits,
for residential dwelling units prior to the completion of the HNTB SR-125 Financing Study (as
defined in EIRNo. 92-02).
3. In the event that cumulative building permits issued for the Commercial Center
within CVT 92-05 and CVT 93-01 result in the generation of trips in excess of the 391 P.M. peak
trips ("Deferral Trips") prior to the completion of the Interim HNTB SR-125 Financing Study, then
the, City and Partnership shall mutually agree to withhold an additional 60 P.M. peak trips
(Additional Deferral Trips) within Rancho del Rey SPA III. .
4. The right of the City to withhold residential building permits, as described in this
Agreement, shall terminate on the occurrence of the following events:
The approval by the City of the final HNTB SR-125 Financing Study
which indicates there is sufficient capacity in the system for all
currently approved and anticipated development projects, initiation
of an impact fee to address the construction of SR-125, the
approval by City of the Revised Development Forecast and any,
implementing policies related thereto.
Upon the occurrence of the events described above, the City Manager or the City Manager's
designee, shall execute a release of this Agreement. The release shall be in the form of attached
Exhibit B and shall be recorded upon its execution by the City Manager. Pursuant to this
Agreement, the parties expressly recognize that execution of the release shall not require any
action by the City Council and that the City Manager shall have the authority to act on behalf of
the City in order to release the property from this Agreement.
5. This Agreement shall be recorded.
6. Partnership shall have the unfettered right to transfer the rights and obligations
created by this Agreement to a subsequent purchaser of the property which comprises
Neighborhoods R-6 and R-7.
06/02/93
-2-
If ~l"
. ~/
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of CALI FO RN I A
County of SAN DIEGO
On .7-14-93
DATE
}
before me, GLENN J. SANTELLA. NOTARY PUBLIC
NAME, TTiLE OF OFFICER. E.G., "JANE DOE. NOTAA'I" PUBUC-
personally appeared ALAN BLODGETT AND DON BURNS
NAAlE(S) OF SIGNER(S)
IX] personally known to me - OR - 0 proved to me on the basis of satisfact~ry evidence
to be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they execute<J
the same in his/her/their authorized
capacity(ies). and that by his/her/their
signature(s) on the instrument the person(s),
or the entity upon behalf of which the
person(s) acted, execute<J the instrument.
~ ~ ~ - ~ - ~ ~ ~ ~ ~ - ~ ~f
1@....:.,.GLENNJ.SANTELlA
_ '. COMM. , 983662
~ . ~G - '.' Nofory PLblic - Colifomlo I
Z' . ' SAN DIEGO COUNTY. l
J ~ ~ :' ... ~c_on:n'...~e:.f~~4._1~7 ...
~
WITNESS my hand and official seal.
/#~JGN~
mls CERTIFICATE MUST BE ATTACHED TO
.mE DOCUMENT DESCRiBED AT RIGfIT:
... _ ~_ -'~'''I.UI
OPTIONAL SECTION -
TITLE OR TYPE OF DOCUMENT Tri p Of>ferra 1 Agreement
NUMBER OF PAGES -3- DATE OF DOCUMENT
:Thov;h the c!ata requested here is not r&quired by law,
n could prevent fral,.-culen! rear..achment of this form. SIGNER(S) OTHER THAN NAMED ABOVE
l'Io.5iSJ
- OPTIONAL SECTION _
CAPACITY CLAIMED BY SIGNER
1l'o..o;h Sl4nJt8 does no< ~ !he Nc<ary 10
fiIJ III the .data below, doing so may prove
i':valuat:4l1o persons reJyng Crt tt'le dc:o.:mern.
o INDNIDUAL
[I CORPORATE OFFlCER(S)
Vice Presidents
. TTTlQS)
o PAR,TNER(S) 0 LIMITED
, 0 GENERAL
o ATTORNEY-IN-FACT
o TRUSTEE(S)
o GUARDIAN/CONSERVATOR
o OTHER:
SIGNER IS REPRESENTING:
~ Cf ?ErtSON{S} OR 2flTT'l'{1ES)
Home:Caoital Corporation
.
\
~1992 NATIONAL NOTARY ASSOCIATION. 82".,;.6 F.emnetAve~ P.O:Bcx 7184. C2.ro;a ParX, CA 913C$-i12.!.
Il'"r
STATE OF CAUFORNIA
COUNTY OF SAN DIEGO
)
) ss.
)
On (-{I.Ci] . before me, Ri.,onJ.cc Ill. An~e.1 .a
Notary Public, personally appeared helmet-I, B'1 Un, Oa.,+n er lAi cL
u.,,-;c~ FukujG.rYlCL . "'. personally
known to me (gr preveR t" "," SF! tha I:asia ,,1 lIatiafaetety s',-ia lAse) to be the person(s) whose
name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they .
executed the same in his/her/their authorized capacity (ies), and that by his/her/their signature(s)
on the instrument, the person(s), or the entity upon behalf of which the person(s) acted,
executed the instrument.
WITNESS my hand and official seal.
al~:r~t
(
S" ,/I/K' . /,...,.) '/11
Ignature j v' ~ .
Rhonda M, Angel ~
o ' Comm. t992158 f)
o .. NOTARY PUBLIC CAUFORN1A:A
~ ? SAN DIEGO COUNTY Ii
.k--~;'v ... ~~~: E~ir~s ~ril:' ~9S:- r
3"7
7. This Agreement shall be deemed to satisfy condition N of CVT 92-05 and condition
V of CVT 93-01.
8. The parties shall cooperate and assist each other in the performance of the duties
and obligations created "by this Agreement. Neither party shall take any action which hinders
the other party's performance of the terms of this Agreement. Furthermore, the parties shall
expeditiously execute any documents, including a release of this Agreement when the terms of
this Agreement have been satisfied, which are necessary for the efficient conduct of the party's
business. "
THE CITY OF CHULA VISTA
a municipal corporation
By
RANCHO DEL REV PARTNERSHIP
a California general partnership
BY: McMilLIN COMMUNITIES, Inc.
a California corporation,
General Partner
By :/14/~J5.ItL~Vk-
BYU*
BY:
vA
By
Vb>
06/02/93
-3-
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GP/9J.120.l.EG 1501] t41. 6/2193 (JE.GR-CHI LNfAWfBO
I .
EXHIBIT A
LEGAL DESCRIPTION
FOR
RANCHO DEL REY SPA III
SITE UTILIZATION PLAN PARCEL R-7
(CV TRACT 90-2 PHASE 1, LOTS A, 1 AND 2)
BEING PORTIONS OF QUARTER SECTIONS 42, 43 AND 62 OF RANCHO DE LA NACION, IN
THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF A 250.00 FOOT WIDE
EASEMENT TO SAN DIEGO GAS AND ELECTRIC COMPANY PER DOCUMENT RECORDED MARCH 9,
1960 AS FILE PAGE 48825, SERIES 1, BOOK 1960 OF THE OFFICIAL RECORDS OF THE
COUNTY RECORDER OF THE COUNTY OF SAN DIEGO AND THE SOUTHERLY RIGHT-OF-WAY
LINE OF EAST 'H' STREET AS DEDICATED PER DOCUMENT RECORDED NOVEMBER 25, 1987
AS FILE PAGE 87-658209, BOOK 1987 OF SAID OFFICIAL RECORDS, SAID POINT ALSO
BEING ON A 6,057.00 FOOT RADIUS CURVE CONCAVE NORTHERLY, A RADIAL TO SAID
POINT BEARS SOUTH 13001'05" EAST; THENCE ALONG THE ARC OF SAID CURVE
1. EASTERLY
1,606.66 FEET THROUGH A CENTRAL ANGLE OF
15011' 53"; THENCE' TANGENT TO SAID
CURVE
2. NORTH 63036'16" EAST
541.42 FEET (RECORD NORTH 63036'36" EAST PER
SAID DOCUMENT) TO A POINT OF INTER-
SECTION WITH THE WESTERLY RIGHT-OF-
WAY OF PASEO RANCHERO AS DEDICATED
PER DOCUMENT RECORDED FEBRUARY 4,
1993 AS FILE PAGE 93-0072919 OF
SAID OFFICIAL RECORDS; THENCE LEAV-
ING THE RIGHT-OF-WAY OF EAST 'H'
STREET AND ALONG SAID RIGHT-OF-WAY
OF PASEO RANCHERO
3. SOUTH 68040'09" EAST
29.73 FEET; THENCE
4. SOUTH 26023'44" EAST
3.13 FEET TO THE BEGINNING OF A TANGENT
942.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE ALONG THE ARC
OF SAID CURVE
5. SOUTHERLY
173.58 FEET THROUGH A CENTRAL ANGLE OF
10033'29"; THENCE LEAVING SAID
RIGHT-OF-WAY AS DEDICATED PER SAID
DOCUMENT AND CONTINUING ALONG THE
ARC OF SAID CURVE AND PROPOSED
RIGHT-OF-WAY OF PAS EO RANCHERO ROAD
PAGE 1 OF 3
8'- /3
6. SOUTHERLY
7. SOUTH 04019'26" WEST
8. SOUTH 03014'59" WEST
9. SOUTH 04019'26" WEST
10. SOUTHERLY
GP/93-120.LEG 150.11141, e/2l93IJE-GR-CHl. LNlAW!BD
331.47 FEET THROUGH A CENTRAL ANGLE OF
20009'40"; THENCE 'TANGENT TO SAID
CURVE
115.98 FEET; THENCE
160.03 FEET; THENCE
611.13 FEET TO THE BEGINNING OFA 2,042.00 FOOT
RADIUS CURVE CONCAVE EASTERLY;
THENCE ALONG THE ARC OF SAID CURVE
113.24 FEET THROUGH A CENTRAL ANGLE OF
03010'38"; THENCE LEAVING SAID
PROPOSED RIGHT-OF-WAY
1I. NORTH 88051'02" WEST 1,022.66 FEET; THENCE
12. SOUTH 84013'27" WEST 267.37 FEET; THENCE
13. SOUTH 73003'09" WEST 160.49 FEET; THENCE
14. SOUTH 17049'50" EAST 23.74 FEET TO THE NORTHEASTERLY CORNER OF
LOT 'A' , CHULA VISTA TRACT NO.
87-7, MAP NO. 12001, AS FILED IN
THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN, DIEGO COUNTY; THENCE
ALONG THE NORTHERLY BOUNDARY OF
SAID MAP 12001
15. SOUTH 72008'40" WEST
16. SOUTH 39025'16" WEST
17. SOUTH 72010'47" WEST
18. SOUTH 26059'22" WEST
19. NORTH 17050'15" WEST
20. SOUTH 89059'19" WEST
89.00 FEET (NORTH 72010'36" EAST, RECORDED PER
SAID MAP 12001); T~ENCE
216.31 FEET; THENCE
285.94 FEET; ,THENCE
146.72, FEET TO THE SOUTHWEST CORNER OF'QUARTER
SECTION 43, ALSO 'BEING AN ANGLE
POINT IN THE EASTERLY LINE OF
LOT 359, CHULA VISTA TRACT NO.
80-5, UNIT D" MAP NO. 10989, AS
FILED IN THE OFFICE OF THE COUNTY
RECORDER OF SAID SAN DIEGO COUNTY;
THENCE ALONG THE WESTERLY LINE OF
SAID QUARTER SECTION 43 AND EASTER-
LY BOUNDARY OF SAID MAP 10989
251.47 FEET TO THE NORTHEASTERLY CORNER OF SAID
MAP NO. 10989; THENCE ALONG THE
NORTHERLY LINE THEREOF
868.59 FEET BEING A POINT ON THE WESTERLY LINE
OF AN EASEMENT TO SDG&E PER DEED
PAGE 2 OF 3
8',/1(
21. NORTH 40030' 25" EAST
GP/93.120.L!G' [5011 (4). e/2193 (JE.GR-CHJ. LNJAWlBD
RECORDED MARCH 9, 1960 AS FILE PAGE
48825, SERIES 1, BOOK 1960 OF OFFI-
CIAL RECORDS OF THE COUNTY RECORDER
OF SAID SAN DIEGO COUNTY; THENCE
ALONG WESTERLY LINE
1679.59 FEET TO THE POINT OF BEGINNING.
PAGE
3 OF 3
~,/>
GP/93-120.LEG [S01) (41. 812/93 IJE.GR-CHI. tWAWIBO
EXHIBIT A
LEGAL DESCRIPTION
FOR
RANCHO DEL REY SPA III .
SITE UTILIZATION PLAN PARCEL R-7
(CV TRACT 90-2 PHASE 1, LOTS B AND 3)
BEING PORTIONS OF QUARTER SECTIONS 43 AND 62 OF RANCHO DE LA NACION, IN THE
CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF A 250.00 FOOT WIDE
EASEMENT TO SAN DIEGo" GAS AND ELECTRIC COMPANY PER DOCUMENT RECORDED MARCH 9,
1960 AS FILE PAGE 48825, SERIES 1, BOOK 1960 OF THE OFFICIAL RECORDS OF THE
COUNTY RECORDER OF THE COUNTY OF SAN DIEGO AND THE SOUTHERLY RIGHT-OF-WAY
LINE OF EAST 'H' STREET AS DEDICATED PER DOCUMENT RECORDED NOVEMBER 25, 1987
AS FILE PAGE 87-658207, BOOK 1987 OF SAID OFFICIAL RECORDS; THENCE ALONG SAID
NORTHWESTERLY LINE
1. SOUTH 40030'25" WEST 1,679.59 FEET TO THE NORTHEASTERLY CORNER OF
LOT 91, CHULA VISTA TRACT NO. 80-5,
UNIT A, MAP NO. 10715, AS FILED IN
THE OFFICE OF THE COUNTY RECORDER
OF SAID SAN DIEGO COUNTY; THENCE
ALONG THE NORTHERLY LINE OF SAID
MAP NO. 10715
2. SOUTH 89059'19" WEST
310.11 FEET (RECORD NORTH 90000'00" WEST);
THENCE
3. NORTH 70047'53" WEST 2,476.74 FEET TO AN INTERSECTION WITH THE NORTH-
EASTERLY RIGHT-OF-WAY LINE OF PAS EO
DEL REY AS DEDICATED ON SAID MAP
NO. 10715, SAID POINT BEING ON A
460.00 FOOT RADIUS CURVE CONCAVE.
NORTHEASTERLY, A RADIAL TO SAID
POINT BEARS SOUTH 74038' 17" WEST,
SAID POINT ALSO BEING AT THE SOUTH-
EASTERLY POINT OF AN 80.00 FOOT
WIDE ROAD EASEMENT.PER DEED RECORD-
ED JUNE 2, 1983 AS FILE PAGE
83-184592, BOOK 1983 OF SAID OFFI-
CIAL RECORDS; THENCE ALONG THE ARC
OF SAID CURVE AND NORTHEASTERLY
LINE OF SAID EASEMENT
4. NORTHWESTERLY 177.37 FEET THROUGH A CENTRAL ANGLE OF
22005'32"; THENCE CONTINUING ALONG
SAID EASEMENT
PAGE 1 OF 3
~" /(,
5. NORTH 06043'49" WEST
6. NORTHEASTERLY
7. SOUTH 82016'04" EAST
8. EASTERLY
9. NORTH 89058'43" EAST
10. EASTERLY
11. SOUTH 88058'47" EAST
12. EASTERLY
13. NORTH 89058'43" EAST
14. EASTERLY
15. EASTERLY
GP/93-120.LEG {SOlll4!. e/2/93 lJE-GR-CH1. l.N/AWfBO
192..44 FEET TO THE BEGINNING OF A 22.00 FOOT
RADIUS CURVE CONCAVE SOUTHEASTERLY;
THENCE ALONG THE ARC OF SAID CURVE
31.68 FEET THROUGH A CENTRAL ANGLE OF
82030'34" TO A POINT ON THE SOUTH-
ERLY RIGHT-OF-WAY LINE OF EAST 'H'
STREET AS DEDICATED PER DOCUMENT
RECORDED NOVEMBER 25, 1987 AS FILE
PAGE 87-658207, BOOK 1987 OF SAID
OFFICIAL RECORDS; THENCE ALONG SAID
SOUTHERLY RIGHT-OF-WAY LINE
456.03 FEET TO THE BEGINNING OF A 2,057.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY;
THENCE ALONG THE ARC OF SAID CURVE
278.37 FEET THROUGH A CENTRAL
07045'13"; THENCE
ANGLE
OF
774.35 FEET TO THE BEGINNING OF A 1,449.00 FOOT
RADIUS CURVE CONCAVE SOUTHERLY;
THENCE ALONG THE ARC OF SAID CURVE
26.35 FEET THROUGH A CENTRAL
01002'30"; THENCE
ANGLE
OF
523.26 FEET TO THE BEGINNING OF A 1,500.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY;
THENCE ALONG THE ARC OF SAID CURVE
27.27 FEET THROUGH A CENTRAL
01002'30"; THENCE
ANGLE
OF
266.51 FEET TO THE BEGINNING OF A 6,067.00 FOOT
RADIUS CURVE CONCAVE NORTHERLY;
THENCE ALONG THE ARC OF SAID CURVE
616.72 FEET THROUGH A CENTRAL ANGLE OF
05049'27" TO A POINT OF NON-TANGENT
COMPOUND CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF 786.17 FEET, A
RADIAL TO. SAID POINT FROM 786.17
FOOT RADIUS POINT BEARS SOUTH
05059'56" EAST; THENCE ALONG THE
ARC OF SAID CURVE .
28.77 FEET THROUGH A CENTRAL ANGLE OF
02005'48" TO A POINT OF NON-TANGENT
COMPOUND CURVE CONCAVE NORTHERLY
HAVING A RADIUS OF.10,050.50 FEET,
A RADIAL POINT FROM 10,050.00 FOOT
RADIUS POINT BEARS SOUTH 080.08'01"
PAGE 2 OF 3
8';/7
GP/93-120.LEG [S01] 141. 15/2/93 lJE-GR-OiI. lJ'LIAW/BD
WEST; THENCE ALONG THE ARC OF SAID
CURVE
16. EASTERLY
537.45 FEET THROUGH A CENTRAL ANGLE OF
03003'50" TO THE BEGINNING OF A
TANGENT COMPOUND CURVE CONCAVE
NORTHERLY HAVING. A RADIUS OF
6,057.00 FEET; THENCE ALONG THE ARC
OF SAID CURVE '
17. EASTERLY
192.46 FEET THROUGH A CENTRAL ANGLE OF
01"49'14" TO THE POINT OF BEGIN-
NING.
EXCEPTING THEREFROM THAT PORTION DESCRIBED IN DEED TO OTAY MUNICIPAL WATER
DISTRICT RECORDED JANUARY 22, 1985 AS FILE NO. 86-021388 AND RERECORDED
MARCH 13, 1985 AS FILE NO. 85-082824 OF OFFICIAL RECORDS OF THE .COUNTY
RECORDER OF SAID SAN DIEGO COUNTY.
PAGE 3 OF ~
2'" ;' hI
.'
GPf93.t20.l.EG [SOt] {4}. 15/2/93 (JE.GR-CHl, lNJAW/BO
I
EXHIBIT A
LEGAL DESCRIPTION
FOR
RANCHO DEL REY SPA III
SITE UTILIZATION PLAN PARCEL R-6
(CV TRACT 90-2 PHASE 3, UNIT 3, LOT 1)
BEING A PORTION OF QUARTER SECTION 37 OF RANCHO DE LANACION, IN THE CITY OF
CHULA'VISTA, ,COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF EL RANCHO DEL REY UNIT NO. 3 WEST
PER MAP NO.' 8110 AS FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID SAN
DIEGO COUNTY; THENCE ALONG THE WESTERLY LINE THEREOF
1. SOUTH 17051' 06" EAST
2. SOUTH 60002'44" EAST
3. SOUTH 22054'45" EAST
4. SOUTH 89000'56" EAST
5. SOUTH 08057'04" WEST
6. SOUTH 00056'13" EAST
7. SOUTH 09017'58" EAST
8. SOUTH 16038'04" EAST
9. SOUTH 19000'16" EAST
10. SOUTH 24054'37" EAST
11. SOUTH 36032'38" EAST
12. SOUTH 21034'03" EAST
13. SOUTH 04009'05" EAST
14. SOUTH 24050'00" WEST
15. SOUTH 45045'58" WEST
16. SOUTH 62044'30" WEST
17. SOUTH 83029'17" WEST
539.68 FEET (RECORD NORTH 17050'34" WEST PER
MAP NO. 8110) TO AN ANGLE POINT IN
THE WESTERLY LINE THEREOF; THENCE
218.50 FEET; THENCE
130.00 FEET; THENCE
29.34 FEET; THENCE
60.91 FEET; THENCE
83.32 FEET; THENCE
46.61 FEET; THENCE
44.14 FEET; THENCE
49.59 FEET; THENCE
67.81 FEET; THENCE
31.87 FEET; THENCE
52.44 FEET; THENCE
41.63 FEET; THENCE
45.60 FEET; THENCE
74.39 FEET; THENCE
39.98 FEET; THENCE
34.93 FEET; THENCE
PAGE 1 OF 2
cr./ /1
,
18. NORTH 78002'52" WEST
19. NORTH 57035'21" WEST
20. NORTH 47046'07" WEST
21. NORTH 76036'49" WEST
22. SOUTH 57055'34" WEST
.23. SOUTH 07011'37" WEST
24. SOUTH 19042'11" WEST
25. SOUTH 48009'39" WEST
26. SOUTH 7703'0' 46" WEST
27. SOUTH 59000'50" WEST
28. NORTH 17047'39" WEST
29. NORTH 09039'35" WEST
30. NORTH 17033'30" WEST
31. NORTHEASTERLY
32. NORTH 13057'52" EAST
33. NORTHEASTERLY
34. NORTH 26052'54" EAST
35. NORTHEASTERLY
36. SOUTH 78047'18" EAST
37. NORTH 89040'45" EAST
GP/93-' 20.l.EG [S01 J j41. e!2/93 [JE.GR-CHl. LNIAWfeO
91. 35 FEET; THENCE
62.75 FEET; THENCE
101. 57 FEET; THENCE
80.52 FEET; THENCE
86.46 FEET; THENCE
65.16 FEET; THENCE
107.41 FEET; THENCE
20.15 FEET; THENCE
117.53 FEET; THENCE
16.58 FEET; THENCE
487.81 FEET; THENCE
66.78 FEET; THENCE
383.52 FEET TO A POINT ON A 480.00 FOOT RADIUS
CURVE CONCAVE NORTHWESTERLY, A
RADIAL TO SAID POINT BEARS SOUTH
59031'14" EAST; THENCE ALONG THE
ARC OF SAID CURVE
138.36 FEET THROUGH A CENTRAL
16030'57"; THENCE
ANGLE
OF
109.95 FEET TO THE BEGINNING OF A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF
270.00 FEET; THENCE ALONG THE ARC
OF SAID CURVE
63.90 FEET THROUGH A CENTRAL
13033'36"; THENCE
ANGLE
OF
178.28 FEET TO THE BEGINNING OF A NON-TANGENT
CURVE CONCAVE NORTHWESTERLY HAVING
A RADIUS OF 428.00 FEET, A RADIAL
TO SAID BEGINNING BEARS SOUTH
62028'32" EAST; THENCE. ALONG THE
ARC OF SAID CURVE
124.93 FEET THROUGH A CENTRAL
16043'26"; THENCE:
ANGLE
OF
167.68 FEET; THENCE
56.24 FEET TO THE POINT OF BEGINNING.
PAGE 2 OF 2
?~:l. tJ
'"
EXHIBIT 'B'
RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
McMillin Communities, Inc.
2727 Hoover Avenue
National City, California 91950
ATTENTION: Mr. Craig Fukuyama
This Space For Recorder's Use Only
RELEASE OF TRIP DEFERRAL AGREEMENT
FOR RANCHO DEL REV SPA III NEIGHBORHOODS
R-6 AND R-7
This Release, dated for reference purposes only as ,
1993 is executed by the City of ChLila Vista (City) pursuant to the provisions of the Trip
Deferral Agreement for Rancho Del Rey SPA III Neighborhoods R-6 and R-7 (Agreement)
entered into between City and Rancho del Rey Partnership (Partnership).
A. The Agreement was recorded, pursuant to its terms, as document number
, in order to provide notice of certain restrictions on property located within
Rancho del Rey SPA III Neighborhoods R-6 and R-7, as further defined by the Agreement
(Property).
B. The Agreement specifies certain events which result in the termination of the
Agreement and thus the release of the restrictions placed on the Property. Furthermore, the
Agreement specifies that upon the terminati.on of the Agreement, the City shall execute and
record a "release" of the Agreement.
C. . The termination provisions of the Agreement have occurred.
NOW THEREFORE, THE CITY HEREBY RELEASES THE PROPERTY FROM THE
PROVISIONS OF THE AGREEMENT. THE AGREEMENT SHALL HAVE NO FURTHER
FORCE OR EFFECT.
CITY OF CHULA VISTA,
a municipal corporation
By
City Manager
'6''''.,2,/ / 8' -,aj
'-
JUN-22-93 TUE 16:35
....
.m
_tlIlOlODELRtN
.
.
McMILLIN COMPANIES
FAX NO. 33615B7
" '
..
'lI1I noovm AV[.
P.O. ~OX 9016
NATIONAL CITY
CA 920'0-6615
l6191 471,4117
June 22, 1993
Mr. George Krempl
Deputy City Manager
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
R.e; Trip Deferral Agreement for
Rancho del Rey, SPA llJ
Neighborhood R-6 and R-7
Dear Mr. Krempl,
P. 02
It is our commitment to you that, in reliance'on permitting consideration by the
City Council on Tuesday, June 22, 1993, at their City Council meeting, of the Trip
Deferral Agreement in the form previously signed by the Resolution Trust'
Corporation, we will agree that, if the Council approves the agreement In that
form, we will, within 21 days subsequent thereto, tender for acceptance by the
City a revised agreement in the form attached hereto signed by all relevant
parties except the Resolution Trust CorporatIon ("RTC") and as to the RTC we
will use good faith and best efforts to secure their signature as soon as possible,
which tender should be acted upon by the City within 30 days thereafter. If the
second agreement is not eventually signed by both parties of the Rancho del Rey
Partnership it is Rancho del Rey's understanding and agreement that the second
iteration constitutes the interpretive basis of understanding for the first
agreement.
Sincerely,
Rancho del Rey Partnership
by: McMillin Communities, Inc.
general partner
4. &~"., ~;;;:.
by:
Kenneth Baumgart
Executive Vice President
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RECORDING REQUESTED BY:
WHEN RECORDED RETURN TO:
McMillin Communities, Inc.
2727 Hoover Avenue
National City, California 91950
ATTENTION: Mr. Cr<iig Fukuyama
, This Space For Recorder's Use Only,
TRIP DEFERRAL AGREEMENT
FOR
. RANCHO DEL REV SPA III NEIGHBORHOODS R-6 AND R'7 I
.' .
This Agreement, dated for referente purposes only as , 1993, is entered into
between the City of Chula Vista (City) and Rancho del Rey Partnership (Partnership) for the
purpose of complying with the. conditions of approval for theRancho del Rey Commercial
Center. ' . .
. A. On November 24, 1992, City approved amendments to the Rancho del Rey ,
Specific Plan; the Specific Planning Area Plan I; CVT 92-05; CVT 93-01; EIR No. 92-02 and
other related permits. for the construction of the Rancho del Rey Commercial Center
(Commercial Center). ' ,
B. EIR 92-02, condition "N" of CVT 92-05, condition "V" of CVT 93-01, the
"Supplemental Subdivision Agreement Chula Vista Tract 92,05 Rancho del Rey Commercial
Center-Price Club" and the "Supplemental Subdivision Agreement Chula Vista Tract 93-01
Rancho DelRey Commercial Center" all require Partnership to agree to a restriction which will
result in the possible withholding of building pennits for Neighborhoods R-6 and.R-7 in SPA
. III in order to mitigate environmental. impacts associated with the construction of the
Commercial Center.
. C. This Agreement is intended by the parties to satisfy these conditio"ns of approval
for the Commercial Center by recognizing the City's right to withhold the issuance of building
permits pursuant to the terms described herei'n, '
THE PARTIES AGREE AS FOllOWS: .
06/22/93'
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1 . The City, may withhold the issuance of building permits, ,pursuant to the terms
of this Agreement, for the construction of residential.dwelling units within Neighborhoods R-6
and R-7 ("Restricted Properties") as shown on the Rancho del Rey SPA III Site Utilization Plan
(CVT 90-02) and as further defined by the legal description attached hereto as Exhibit-A. The
parties recognize that the legal. description contained on Exhibit Ai's approximate and- is ,
attached hereto to provide definition and to act as a limitation to the rostrictions eentainod
in this /\groomont. The parties further intend that upon recordation of the final map or maps
for all or part of the Restricted Properties Neighborhoods F! 6 and F! 7, that Exhibit A shall be
re'placed by the lots described on said final map which most approximate the legal description
on Exhibit A. Upon recordation of the final map or maps, Exhibit A will no lon€]or DO valid be
secondarv to the lot descriptions contained in each such finalmap.,
2: The right of City to withhold the issuance of building permits, as described in
paragraph orie above,. arises forthwith upon execution and shall terminate accordinq to the
provisions of paraqraph 4. below.l!
3. In the event that cumulative building permits issued for the Commercial Center
within CVT 92-05 and CVT 93-01 result in th'e generatio'n of 'tripsin excess of the 391 P.M.
peak trips ("Deferral Trips"). as determined bv the Citv Enqineer in his sole 'and unfettered
discretion, prior to the oomplotion of tho IntorimHNT8 SF! 128: Finanoin€] Study
implementation of a SR-1 25 Transportation Financinq Plan, then the City and Partnorship shall
mutually a€]roo to have the riqht to withhold an additional 60 P.M. peak trips (Additidmil
Deferral Trips) within Rancho del Rey SPA III after meetinq and conferrinq with Partnership
withreqard to its intent and basis for doinq so. . -
i. The riqht of the Citv to withhold residential buildinq permits. a's described in this
Aqreement: shall terminate on the occurrence of the followihq events: '
The approval bv the Citv of the final HNTB SR-125 Fihancinq
Studv which indicates there is sufficient capacitv in the svstem
for all currently approved and anticipated development proiects.
initiation of an impact fee to address the construction of SR-1 25,
the approval bv Citv of the Revised Development Forecast and
anv implementinq policies related thereto.
1. In this second iteration, please note the deletion of the following wording at this point:
"at such time as the City implements a transportation financing plan designed to
finance the design and construction of an interim transportation facility in or about the
SR ,125 corridor ("SR-125 Transportation Financing Plan") to which the Restricted
Properties shall be subject, such as the HNTB SR-.125 Financing Study (as defined il'\
EIR No. 92-02)."
This is proposed for deletion to be consistent with the provisions for termination contained
,in Paragraph 4 which apparently is the language agreed upon in a prior condition of approval.
06/22/93
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. Upon the occurrence of the events described above, the City Manager or the City Manager's
designee, shall. execute a release of this Agreement. The release shall be in.the form of
\, attached Exhibi't B and shall be recorded upon its execution by the City Manager. Pursuant
to this Agreement, the 'parties expressly recognize that execution of the release shall not
, require any action by the City Council and that the City Manager shall have the authority to
act on behalf of the City in order to release the property from this Agreement.
5. This Agreement shall be recorded.
,'", 6. Partnership shall have the unfettered right to transfer the rights and deleaate
, the obligations :created by this Agreement to a subsequent purchaser of all or any portion of
the Restricted Properties,thc prepcrt'( which comprises Neighborhoods R 6 and R 7
Partnership shall notifv the City of anv such transfer, and sueh transfer shall.not oper-ate to
release the Partnership ef any sueh obligations.V
7. This Agreement shall be deemed to satisfy condition Nof CVT 92.05 and
condition V of CVT. 93-01.
8'; The parties shall' cooperate and assist each other in the performance of the
duties and obligations created by this Agreement. Neither party shall take any 'action which'
. hinders the .'other :party's performance of the terms of this Agreement. Furthermore, the
parties shall expeditiously execute any documents, including a release of this Agreement when
the terms of this Agreement have been satisfied, which are necessary for the efficient
conduct of the party's business. '
9. This Aareement shall 'be bindina upon and inure to the benefit of the successors.
" assians and interests of the Parties as to any or all of the Restricted Properties.
10. The burden of the covenants contained in this Aareement ("Burden") is for the,
benefit of the land owned by the Citv adiacent to or proximal to the Property. The Burden
-touches and concerns the Property, It is the intent of the parties. and the parties aaree. that
this covenant shall be bindina upon. and run with. the ownership of the land which it burdens.
-... .. .
(end of paae: next paae is sianature paae)
2. This last phase was a deletion in the second iteration.. Consent to the change is not
intended to modify the original meaning from the first iteration which was silent as to release.
. 'on transfer of the land. .
0!3/22/93
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THE CITY OF CHUlA VISTA
a municipal corporation
By
RANCHO DEL REY PARTNERSHIP
a California general partnership
BY: McMilLIN" COMMUNITIES, Inc.
a California corporation,
General Partnei' "
By
By
.
BY:
HOME CAPITAL
a California
General Partner
By
CORPORATION
corporation, "
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By
.
06/22/93
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On ,before me;
Notary Public, personally appeared
,'a
personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and ackno"';ledged to me that
he/she/they executed the: same in his/her/their authorized capacity (ie's). and that by'
his/her/their signature(s) on the instrument, the person(s). or the entity upon behalfof which
the person(s) acted, e'xecuted the instrument. "
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WITNESS my hand and official seal.
Signature
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STATE OF CALIFORNIA ) .
) ss.
. COUNTY OF SAN DIEGO )
On ; before me,'
Notary Public, personally appeared' .
, a
, personally
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged' to me that
he/she/they executed the same in' his/her/their authorized capacity (ies), and' that by
his/her/their signature(s) on the instrument, the person(s), or the entity upon behalf of which
the person(s) acted, executed the instrument.
WITNESS my hand and, official seal.
Signature
STATE OF CALIFORNIA )
) ss.
<. COUNTY OFSAN DIEGO ')
On , before me,
Notary Public, personally appeared
, a"
personally. '
. known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacitY .lies); and that by
his/her/their signature(s) on the instrument,the person(s), orthe entity upon behalf of which
the person(s) acted, executed the instrument.'
-
WITNESS my hand and official seal.
Signature
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STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO )
On , before me,
Notary Public, personally appeared
,a
.
personally
known to me (or proved to me' on the basis of satisfactory evidence) to be the person(s)
,whose name(s) is/are subscrfbed to the' within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity (ies); and that by
, ,his/her/their signature(s) on the instrument, the person(sl. or the entity upon behalf of which
the ,person(s) acted, executed the instrument.
WITNESS my hand and official seal. ,
Signature
STATE OF CALIFORNIA )
) ss.
COUNTY OF SAN DIEGO ,)
On , before me,
Notary Public, personally appeared
, a
personally,
known to me (or proved to me on the basis of satisfactory evidence) to be the person(s)
whose name(s) is/are subscribed to the within instrument and acknowledged to me that
he/she/they executed the same in his/her/their authorized capacity (ies), and that by
his/her/their signature(s) on the instrument.. the person(sl. or the entity upon behalf of which
,the person(s) acted, executed'the instrument.
WITNESS my hand and official seal.
Signature
"
'6--30
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EXHIBIT "A"
-, Description
Lega .
. Be Attached) .
(To
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Y/31
COUNCIL AGENDA STATEMENT
)
Item 9'
Meeting Date 06/22/93
ITEM TITLE:
17 J -lit>
Resolution of the City C.ouncil of the City of Chula Vista Giving
Notice of Intent to Grant a Franchise to Laidlaw Waste
Systems, Inc. for Multi-family Recycling Collection Services and
Setting a Public Hearing Thereon.
SUBMITTED BY:
Conservation Coordinator A L"6-
City ManagerJc., ,. ~
(4/5ths Vote: Yes_NolU
Referral #2720
REVIEWED BY:
At the April 13th meeting, Council approved in concept a proposed multi-family recycling
program with collection services to be provided by Laidlaw Waste Systems. As directed,
staff has drafted the proposed franchise and with Council approval of this resolution will
begin the Charter required process of giving the notice of intention to grant the franchise
for multi-family recycling collection services, followed by a public hearing on the first
reading of the proposed franchise ordinance.
RECOMMENDATION: Adopt the resolution giving notice of intent to grant a franchise to
Laidlaw Waste Systems, Inc. for multi-family recycling collection services and setting a
public hearing for July 13th 1993 at 6:00 pm.
BOARDS/COMMISSIONS RECOMMENDATION: The Resource Conservation
Commission discussed the draft franchise ordinance at their May 19th 1993 meeting and
unanimously (4-0-2 absent) supported a motion to recommend to Council that the
franchise ordinance be approved. Minutes of the meeting are contained in Attachment A.
DISCUSSION:
Staff has drafted the proposed franchise to allow for full implementation of recycling at all
multi-family complexes in the City (approximately 22,000 residences) by October 1993 in
accordance with the City and County's mandatory recycling ordinance.
The drafted franchise ordinance is contained as Attachment B. The ordinance has been
reviewed and approved by the City Attorney. Staff would like to highlight a few areas of
the ordinance for Council's consideration.
. Containers: The franchise states that Laidlaw will provide each multi-family unit
'with a 6-gallon "apartment recycler" bin. Many studies have been conducted for
residential recycling that suggest that if residents are provided with a bin, they are
more likely to participate in the program, particularly single-family households.
However, staff asked Laidlaw to provide a cost estimate of the difference in the rate
<j-j
should a bin not be provided to residents. The cost would be reduced from $1.50
per unit per month to $1.32, a reduction of $.18.
This fee also includes a replacement of bins for new tenants (estimated at 20
percent per year). In order to encourage complex owners and managers to ensure
that the bins remain with the residential unit, staff has put the following clause into
the franchise ordinance:
(Section 3 B.3) "Replacement of containers that are stolen and/or
damaged shall be made at no cost to the resident at Grantee's
discretion, up to one per Unit. If a Unit requires an additional interior
container beyond the maximum of two allowed, the property owner,
manager or designated agent there of, may purchase additional
interior containers from the Grantee at a cost not to exceed the
market price of the container and a reasonable handling charge.
Grantee will be responsible for keeping records and making them
available to the City regarding additional containers requested, and
the reason for the request, e.g., damaged, stolen, needed to handle
residence recyclables beyond capacity of one container, etc."
. Term of Franchise: Similar to the franchise ordinance for the curbside recycling
program, the proposed length of franchise will be until the year 2002 (8 year term).
However, this term is subject to a two year notice of intent to cancel the franchise
that may be given at any time by the City without cause, following the initial three
year term of the program. Normally, according to Laidlaw staff, they would
amortize the initial vehicle investment over the length of an assured 5 year
minimum term, but they are willing to assume the risk of cancellation for the last
two years of the initial term. Laidlaw claims that if their investment was amortized
over the 5 years, their normal quote per unit per month would be $1.70. However,
Laidlaw has used a 7 year amortization schedule (at their risk) assuming that the
franchise will be extended at least two years beyond the five year minimum and
therefore has quoted a $1.50 per unit per month rate charge.
,
As per Council request, staff discussed a 5, 7 and 10 year term for the franchise.
The monthly unit rates for the first year, given the franchise term on the left, would
be as follows:
Five year term
Seven year term
Ten year term
$1.50 per unit per month
$1.50 per unit per month
$1.35 per unit per month
. Unamortized vehicle clause: As Council may recall, Laidlaw has asked that if the
City decides for some reason to abandon completely its source-separated recycling
program (e.g., to go to a mixed-waste system where recyclables are not separated
from trash for collection at the curb, but are instead taken to a facility and sorted),
at no fault of Laidlaw's, during the initial period of the franchise, that an appropriate
rate adjustment provision be included in the franchise. to provide for any
2
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unamortized vehicle costs, due to the specialized nature of the vehicles and the
relatively high cost. Laidlaw is amortizing the vehicles over the 10 year period in
order to keep costs lower for the program. Staff has included the following clause
in the proposed ordinance:
"If during the initial period of the franchise, or any extension thereof, the City
discontinues the separate collection of multi-family recyclables and reverts
to a mixed waste processing system for commingled collection of waste and
recyclables, the City agrees to allow a rate adjustment to permit the Grantee
to recover the loss incurred on the sale of vehicular equipment specifically
purchased to meet the Grantee's obligations under this ordinance. Such loss
will be calculated by deducting the realizable market value of the equipment
from a reasonable depreciated book value of the equipment at the time of
the sale of equipment."
Franchise fees: Staff has included a franchise fee clause in the proposed
ordinance similar to that which is contained in the single family curbside recycling
program franchise (Le., 8 percent of gross receipts). However, if directed by
Council the clause can be removed and the fee would be adjusted by the amount
of the franchise fee (8%) from $1.50 per unit per month to $1.38.
. Proposed fee: To reiterate to Council, the estimated net charge per apartment
unit (Le., individual residence) for the proposed multi-family. recycling program is
$1.50. Currently, the single-family residential recycling fee is $1.10. The difference
in costs are reasonable and justified because of the higher costs associated with
multi-family recycling. This includes the need for both. exterior and interior
(household) bins for multi-family recycling, whereas single-family only requims one
bin; and, lower volume and value of the recyclables anticipated to be generated
from the multi-family recycling program. Principally, this is due to the fact that more
multi-family residents tend to recycle the higher valued commodities ("California
Redeemables"--aluminum cans and soda bottles) on their own at buy-back centers
or redemption vending machines.
Additionally, because of the high turnover in multi-family residences and the diverse
population, participation tends to be lower, thus generating fewer recyclables per
residence, as compared to single-family. Material contamination. is also usually
higher (e.g., disposing of trash or nonrecyclables in the recycling bins), leading to
higher processing fees.
As with the single-family curbside program, the rates for multi-family recycling will
be reviewed on an annual basis. If the actual costs for operating the program are
under what they are estimated, the fee would be adjusted accordingly in the
subsequent rate period.
The cost of the multi-family program has been derived using the same formula
used for the single-family program, where program participants get the benefit of
revenues from the sale of materials and credit for the amount of recyclables not
3
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going to the landfill. The estimated cost breakdown is contained in the. chart below,
with a comparison to the single-family recycling program. (NOTE: Estimated
single-family material sales and landfill diversion credits were established during the
rate review last conducted in August 1992. These components should not be
compared directly to the multifamily rate components, which have been estimated
based upon expeCted participation. These estimates would be, reviewed yearly
based upon actual program data.)
Single Family Multi-family
Total Service Cost $1.88 . $2.00
Est. Materials Sales (0.31) (0.20)
Est. Landfill Diversion (0.45) (0.30)
County Grants (0.02) (0)
Net Resident Cost $1.10 $1.50
Attachment C contains an updated rate survey for multi-family recycling in the San Diego
County region. Again, most of the cities have still not .set a rate yet for multi-family
recycling as they are waiting for the annual landfill tipping fee increases to go into effect
in order to implement all fees at the same time. Staff would like to note that Solana
Beach bid their multi-family recycling contract recently and awarded the contract to Solana
Recylers, a nonprofit organization, for $1.43 per unit per month; this rate does not include
a .franchise fee.
. Landfill Diversion Credit: The proposed franchise ordinance includes a clause that allows
for reducing the landfill diversion credit amount to something less that 100 percent (to be
negotiated between the City and Laidlaw) with the intent to provide an economic incentive
for Laidlaw towards increasing program participation and success. This was approved by
the Council in the single family recycling program and is repeated in this ordinance. It is
not binding on Council, but the Council should be advised that this issue will be revisited
in future negotiations.
FISCAL IMPACT: There .is no impact because of this report. The proposed service
charges to be included in the franchise will be paid by the rate payers and there will be
no direct City cost. The rate includes a proposed 8 percent franchise to be paid to the
City, and additional franchise fees to the City can be anticipated at approximately $31,600
per year.
4
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RESOLUTION NO.
/7/'1"
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GIVING NOTICE OF INTENT TO GRANT A
FRANCHISE TO LAIDLAW WASTE SYSTEMS, INC. FOR
MULTI-FAMILY RECYCLING COLLECTION SERVICES AND
SETTING A PUBLIC HEARING THEREON
WHEREAS, at the April 13, 1993 meeting, Council approved
in concept a proposed mUlti-family recycling program with
collection services to be provided by Laidlaw Waste Systems; and
WHEREAS, as directed, staff has drafted the proposed
franchise and with Council approval of this resolution will begin
the Charter required process of giving the notice of intention to
grant the franchise for multi-family recycling collection services,
followed by a public hearing on the first reading of the proposed
franchise ordinance.
WHEREAS, the Resource Conservation commission at its May
19, 1993 meeting unanimously supported a motion to recommended to
Council that the franchise ordinance be approved.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby give notice of intention to
consider granting to.Laidlaw Waste Systems, Inc. a franchise for
Citywide residential mUlti-family recycling collection services,
substantially in the form as contained in Attachment B and subject
to any modifications as may be made by the Council at subsequent
hearings and/or meetings and setting a public hearing at 6:00 p.m.
on the 13th day of July, 1993 in the Council Chambers, 276 Fourth
Avenue, Chula Vista, California when any person having any interest
therein or any objection to the granting thereof may appear before
the City Council and be heard.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista is hereby directed to publish notice of said hearing at
least once within fifteen days of the assage her f' in the
official newspaper.
Bruce M. Boogaard,
City Attorney
Presented by
Athena Bradley, Conservation
Coordinator
F:\home\anomey\franchis.rcy
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Attachment A.
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MINUTES OF A SCHEDULED REGULAR MEETING
Resource Conservation Commission
Chula Vista, California
6:00 p.m.
Monday, May 24, 1993
Conference Room #1
Public Services Building
CALL MEETING TO ORDER/ROLL CALL: Meeting was called to order with a quorum at
6:11 p.m. by Vice-Chairman Hall. City Staff Environmental Review Coordinator Doug Reid
called roll. Present: Commissioners Hall, Johnson, Myers, Burrascano. Kracha and
Ghougassian were excused absences. It was MSUC (JohnsonlMyers) to accept McNair's
absence as excused; 4-0. Athena Bradley, Conservation Coordinator, was also present.
APPROVAL OF MINUTES: It was MSUC (Myers/Johnson) to approve the minutes of the
meeting of May 10, 1993.
NEW BUSINESS:
1. The Yard Waste Recycling program was discussed by Athena Bradley. Four proposals
with various options were presented. It was then MSUC (Johnson/Myers) to recommend
Proposal #2, Laidlaw's new rate on the exclusively "pay as you go" fee proposal; 4-0.
2. The Multi. family Recycling Franchise was also presented by Athena Bradley. After a
brief discussion on rental property and low income separation, it was then MSUC
(Johnson/Myers) to recommend adoption of the multi-family recycling franchiSe; 4-0.
3. Historical Designation for 707 First Street. It was MSUC (Johnson/Myers) to table this
item until the owner of the property can appear before the Commission to answer
questions on the property; 4-0.
4. Planning Commission Agenda - no action taken by this Commission.
STAFF REPORT:
Doug Reid explained the administrative procedures for the gnatcatcher listing as a
threatened species. This item goes to council for review June 1st. It is noted that no
projects are exempt from review if the gnatcatcher is present.
CHAIRMAN'S COMMENTS:
1. Hall noted she had not been contacted by Council on her status as Commissioner for
RCC. The terms of office for both Johnson and Hall expire in June and it is anticipated
that both will be contacted by then.
9-7
Resource Conservation Commission
Page 2
2. Hall suggested the commission support the Historic Overlay Zone (Alternative No.4),
which would create this zone through a Historic Modifying District Ordinance. It was
moved and seconded (Hall/Burrascano) to support the city in an historic city overlay
zone; (vote - ayes: HalllBurrascano; nos: Johnson/Myers) motion failed 2-2. It was
suggested this item be continued until new members have had time to review alternatives.
ORAL COMMUNICATIONS:
Teresa Aland announced the World Environment Day/ECO-FEST on June 4, 5, 6, in
which participants would leam how to advocate recycling and resource recovery.
COMMISSIONER'S COMMENTS:
Myers asked about the joint meeting with the Planning Commission and RCC. It is now
tentatively scheduled for some time in June.
ADJOURNMENT:
The meeting was adjourned by Vice-Chairman Hall at 7:18 p.m.
Respectfully submitted,
EXPRESS SECRETARIAL SERVICES
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Barbara Taylor
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Attachment B
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING
ORDINANCE NO. 1993, AS AMENDED, BY MODIFYING THE.
TERMS OF THE LAIDLAW WASTE SYSTEMS, INC. FRANCHISE
TO REQUIRE COLLECTION OF RECYCLABLE MATERIALS
FROM MULTI-FAMILY RESIDENCES WITHIN THE CITY OF
CHULA VISTA AND TO RESELL SAID MATERIALS.
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The City Council of the City of Chula Vista does ordain as follows:
SECTION 1: That Section 1 of Ordinance No. 1993, as has been
amended from time to time, is hereby amended to read as follows:
"Section 1. Definitions.
Whenever in this ordinance the words or phrases hereinafter in this
section defined are used, they shall have the respective meaning assigned to
them in the following definitions (unless in the given instance, the context
wherein they are used shall clearly import a different meaning):
A "Aluminum" means recoverable aluminum materials such as used
beverage containers, siding, screening, and other manufactured items.
B. "Bulky Waste" means large items of solid waste such as White
Goods, furniture, large auto parts, trees, stumps and other oversize wastes
whose large size precludes or complicates their handling by normal collection,
processing or disposal methods.
C. "Buy-back Center" means a facility which pays a fee for the delivery
and transfer of ownership to the facility of source separated materials for the
purpose of recycling, mulching or composting.
D. "City" shall mean the City of Chula Vista, a municipal corporation of
the State of California in its present incorporated form or in any later
reorganized, consolidated, enlarged or reincorporated form.
. E. "Collection" means the act of collecting Solid Waste materials, or
Recyclables at Residential, commercial, industrial, or governmental sites, and
hauling it to a facility for processing, transfer, disposal or burning.
F. "Contract or Franchise Agent(s)" means any person or entity
designated by the City Council pursuant to Article XII of the City Charter and
Chula Vista Municipal Code, Chapter 8.24, as being responsible for
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administering, directing, supervising, cOliecting, operating and/or providing for the
disposal or transfer of refuse, or the collection and/or processing of Designated
Recyclables.
G. "Curbside Collection" means the collection of Designated Recyclables.
from the Residential waste stream from the curb or alleyway. May include
single-family, Multi-family residences and mobile home trailer courts that receive
curbside collection of refuse or that are otherwise specially designated as having
curbside collection.
H. "Designated Recycling Collection or Storage Location" means a place
designated by the City Manager in conjunction with the Contract or Franchise
Agent(s) for pick up or storage of recyclables segregated from other waste
material. Designated Recycling Collection or Storage Locations include, but are
not limited to, the curbside of a Residential neighborhood; the service alley,
loading dock, or basement of a commercial enterprise or Multi-family complex.
I. "Designated Recycling Containers" ("Containers") shall mean those
containers or receptacles designated by the City Manager or its Contract or
Franchise Agent for pick-up or storage of Designated Recyclables.
J. "Designated Recyclables" means materials that are recyclable,
reclaimable, and/or reusable within the following categories of Residential,
commercial and industrial and as defined more specifically herein within each
category. Any material having an economic value on the secondary materials
market or that is otherwise salvageable shall be included and/or other materials
that have been separated from other Residential, commercial, or industrial Solid
Waste for purposes of being recycled for resale and/or reuse, and placed at a
Designated Recycling Collection. or Storage Location or in a Designated
Recycling Container for the purpose of collection and processing, or any such
Designated Recyclables materials collected under a Mixed Waste Processing'
program.
K. "Exterior Recycling Containers" means Designated Recycling
Containers to be used for outside storage of Franchised Recyclables.
L. "Franchised Recyclables" means any Residential Recyclables, as
defined herein and by CVMC Chapter 8.25, placed in Designated Recycling
Containers placed at Designated Recycling Collection or Storage Location(s) to
be collected by the Grantee, excluding yard waste.
M. "Garbage" means all kitchen and table waste, and animal or vegetable
waste that attends or results from the storage, preparation, cooking, or handling
of food stuffs, except organic wastes separated therefrom and used in
composting in accordance with Chula Vista Municipal Code Chapter 8.25,
Section 8.35.090.
2.
9'/1)
N. "Glass Bottles ahdJars"me;ms food and beverage containers made
from silica or sand, soda ash and limestone, the product being transparent or
translucent and being used for packaging or bottling, including container glass
designated redeemable under the California Beverage Container Recycling and
Litter Reduction Law, Division 12.1 (commencing with Section 14500) of the
California Public Resources Code, as well as glass jars and bottles without
redeemable value ("scrap"), but excluding household, kitchen, and other sources
of non-container glass such as drinking glasses, ceramics, light bulbs, window
pane glass, and similar glass products that are not bottles or jars.
O. "Grantee" shall mean Laidlaw Waste Systems, Inc. and its lawful
successors or assigns.
P. "Gross Receipts" shall mean all gross operating revenues received by.
Grantee from the collection and disposal of refuse or collection and sale of
recyclable materials.
Q. "Interior Recycling Containers" means a small (approximately 6 gallon)
Designated Recycling Container to be provided to each eligible residential
customer in the Multi-family Recycling program.
R. "Landfill" means a disposal system by which solid waste is deposited
and compacted before burial in a specially prepared area which provides for
environmental monitoring and treatment.
S. "Mixed Waste Processing" means a system of recovering recyclables
from the mixed waste stream through separation at a processing facility, transfer
station, Landfill, or other such facility instead of separation at the waste
generation source.
T. "Multicfamily" means a structure or structures containing a total of 3 or
more dwelling units in any vertical or horizontal arrangement on a single lot or
building site.
U. "Newspaper" means newsprint-grade paper including any inserts that
come in the paper, and excluding soiled paper, all magazines, and other
periodicals, telephone books, as well as all other paper products of any
nature.
V. "Nuisance" means anything which is injurious to human health, or is
indecent or offensive to the senses, and interferes with the comfortable
enjoyment of life or property, and affects at the same time an entire community
or neighborhood, or any number of persons, although the extent of annoyance
or damage inflicted upon the individual may be unequal, and which occurs as a
result of the storage, removal, transport, processing, or disposal of Solid Waste,
compost, and/or Designated Recyclables.
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W. "Plastic Bottle" means a plastic container with narrpw neck or mouth
opening smaller than the diameter of the container body, used for containing
milk, juice, soft drinks, water, detergent, shampoo or other such substances
intended for household or hospitality use; to distinguish from. non-bottle
containers (e.g., deli or margarine tub containers) and from non-household
plastic bottles such as those for containing motor oil, solvents, and other non-
household substances.
X. "Processing" means the reduction, separation, recovery, conversion,
or Recycling of Solid waste.
Y. "Recycling" shall mean any process by which materials which would
otherwise become Solid Waste are collected (source separated, commingled, or
as "mixed waste"), separated and/or processed and returned to the economic
mainstream in the form of raw materials or products or materials which are.
otherwise salvaged or recovered for reuse.
Z. "Refuse" meal)s Garbage and Rubbish.
AA. "Removal" means the act of taking Solid Wastes or Designated
Recyclables from the place of generation either by the Contract or Franchise
Agent(s), or by a person in control of the premises.
BB. "Removal Frequency" means frequency of removal of Solid Wastes
or Recyclables from the place of generation.
CC. "Residential" for purposes of this Chapter, means any building or
portion thereof designed or used exclusively' as the residence or sleeping place
of one or more persons, including single and multiple family dwellings,
apartment-hotels, boarding and lodging houses. Residential does not include
short-term residential uses, such as motels, tourist cabins, or hostels which are
regulated as Hospitality establishments as defined in Sub-Section U of CVMC
Chapter 8.25.
DO. "Residential Recyclables" means those specific recyclable materials
from Residential Solid Waste (single family and multi-family) including, but not
limited to, Aluminum, Glass Bottles and Jars, Newspaper, Plastic Bottles, Tin
and Bi-Metal Cans, White Goods, and Yard Waste.
EE. "Rubbish"'means non-putrescible solid wastes such as ashes, paper,
yard clippings, glass, bedding,. crockery, plastics, rubber by-products or litter.
Such materials that are designated as Recyclable or Compost may be exempt
from categorizing as rubbish provided such materials are handled, processed
and maintained in a properly regulated manner.
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FF. "Scavenging" means the uncontrolled and/or unauthorized removal
of Solid Waste, Designated Recyclables or recoverable materials.
GG. "To Segregate Waste Material" means any of the following: the
placement of Designated Recyclables in separate Containers; the binding or
bagging of Designated Recyclables separately from other waste material and
placing in a separate container from Refuse, or the same Container as Refuse;
the physical separation of Designated Recyclables from other waste material
(either at the generating source, Solid Waste transfer station, or processing
facility).
HH. "Solid Waste" means all putrescible and nonputrescible solid, semi"
solid and liquid wastes, such as .Refuse, Garbage, Rubbish, ashes, industrial
wastes, demolition and construction wastes, abandoned vehicles and parts
thereof, discarded home and industrial appliances, manure, vegetable or animal
solid and semi-solid wastes, also includes liquid wastes disposed of in
conjunction with Solid Wastes at Solid Waste transfer/processing stations or
disposal sites, but excludes: sewage collected and treated in a municipal or
regional sewage system or materials or substances having commercial value or
other importance which can be salvaged for reuse, Recycling,compostingor
resale.
II. "Storage" means the interim containment of Solid Wastes, Yard
Wastes, or Recyclables in an approved manner after generation and prior to
disposal, Collection or processing.
JJ. "Streets" shall mean the public streets, ways, alleys and places as the
same now or may hereafter exist within said City, including state highways now
or hereafter established within said City.
KK. "Tin and Bi-Metal Cans" means any steel food and beverage
containers with a tin or Aluminum plating.
LL. "Transfer or Processing Station" means those facilities utilized to
receive Solid Wastes and to temporarily store, separate, convert, or otherwise
process the Solid Waste and/or Recyclables.
MM. "Unit" means an individual residence contained in a Residential Multi-
family complex.
NN. "White Goods" means kitchen or other large enameled appliances
which includes, but is not limited to, refrigerators, washers, and dryers.
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00. "Yard Wastes" means I~aves, grass, weeds, and wood materials from
trees and shrubs from single family and multi-family Residential sources (to
include landscape haulings from residential sources). l'
SECTION 2: That Section 2 of Ordinance No. 1993, as has been amended from
time to time, is hereby amended to read as follows:
"
Section 2. Purpose.
The franchise to collect and dispose of Refuse and to collect Residential
Recyclables, excluding Yard Waste, from single family and Multi-family dwellings
within the City of Chula Vista in the manner and on the terms herein specified
and to use for such purposes the Streets, ways and places within said City is
hereby granted to Laidlaw Waste Systems, Inc. its successors and assigns."
SECTION 3: That a new Section 22 is added to Ordinance No. 1993, as has
been amended from time to time, which new Section 22 shall read as follows:
"
Section 22. Residential Multi-family Recycling Services
Grantee shall provide Residential Recycling services to all Multi-family
dwellings within the territory of the City as follows:
A. Exclusivity - The City grants to Grantee, for the term herein
specified and subject to such terminations herein allowed, the
exclusive right to collect Residential Recyclables, excluding Yard
Waste, deposited in Designated Recycling Containers (or
alternatively, "Containers") located at Designated Recycling
Collection or Storage Location(s) as may be identified on each
Multi-family residential parcel within the City. This grant of
exclusive license is not intended and does not preclude duly
licensed non-profit organizations and community groups from
conducting recycling programs for the purpose of raising funds, nor
does' it preclude a person from selling or otherwise disposing of
their own Recyclables at a Buy-back Center or for donation, so
long as said collection, donation or sale does not occur at the
Designated Recycling Collection or Storage Location. However,
once the Residential Recyclables have been placed in the
Designated Recycling Containers provided by the Grantee, the
1. When codified, you can say the following to incorporate other definitions by
reference:
"Capitalized terms used herein not herein in this Chapter specifically
defined shall have the meaning specially ascribed to them as set forth in
Chapter 8.25."
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material ("Francnlsed Recyclables") becomes one of the subject
matters of this grant offranchise. The Grantee agrees to cooperate
with the City in reaching a modification to this ordinance to the
extent required by law at anytime it should be deemed necessary
in the future.
B. Obligations of Grantee
1. Implementation Schedule - Grantee shall commence and
diligently implement this franchise Citywide from the date of this
franchise so that all multi-family residential complexes in the City
have Recycling Collection service by October 1, 1993 in
accordance with the City's mandatory recycling ordinance, Chapter
8.25 of the Chula Vista Municipal Code.
2. Collection - Grantee shall furnish said labor, services, materials
and equipment required to perform this franchise.
Grantee shall provide Collection and Removal services for all
Franchised Recyclables subject to the provisions of this ordinance
which are placed in Designated Recycling Containers at
Designated Recycling Collection or Storage Locations, as defined
by the City of Chula Vista Municipal Code Chapter 8.25,
segregated from Refuse, separated by commodity as outlined
herein, from all Multi-family residences. Grantee shall collect the
Franchised Recyclables not less than once per week and provide
any additional Collection as shall be necessary to prevent overflow
of the Exterior Recycling Containers, regardless of weather
conditions. Collection will be on regularly scheduled days as shall
be arranged with the building property owner, manager or
designated agent there of. The Grantee and the City will mutually
agree to any changes in Collection schedule frequencies or
Removal Frequency. Grantee will notify the building property
owner, manager or, designated agent there of, of any changes i!'J
Collection day(s) by written notification no later than two weeks
prior to the affected day, to be enforced nine months from the date
of this ordinance.
Design of Collection vehicles shall be done to limit the
contamination and maximize the resale value of collected
Franchised Recyclables. Any and all changes to the established
means of Collection of Franchised Residential Recyclables, as
herein outlined, shall be notified to the City. in advance, including
any changes in the way that the Franchised Residential
Recyclables are collected (separated and/or commingled), design
of vehicles, etc.
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3. Containers ~ Grantee shall purchase and distribute Designated
Recycling Containers, to include the following: a. Interior Recycling
Containers. An appropriate Container to be used inside the
Residential Unit, shall be provided to each eligible Residential
customer included in the Multi-family Recycling program. The type
of Container to be used or changes of Container type shall be
approved by the City prior to purchase and distribution. Grantee
shall retain ownership of the Containers.
Replacement of Containers that are stolen and/or damaged shall
be made at no cost to the resident at Grantee's discretion, up to
one per Unit. If a Unit requires an additional Interior Recycling
Container beyond the maximum of two allowed, the property
owner, manager or designated agent there of, may purchase
additional interior Containers from the Grantee at a cost not to
exceed the market price of the Container and a reasonable
handling charge.
Grantee will be responsible for keeping records and making them
available to the City regarding additional Containers requested, and
the reason. for the request, e.g., damaged, stolen, needed to
handle residence recyclables beyond capacity of one Container,
etc.
b. Exterior Recycling Containers. An appropriat~ Container(s) shall
be provided for use at each Multi-family complex that meets the
space restraints and Collection needs of the respective complex
and the residents therein. Said Containers may include 90 gallon
carts on wheels, 2 cubic yard bin or 3 cubic yard bin. Each
container shall conform to the following: slots in lids for placement
of beverage containers (circular holes of appropriate sizes) and
newspaper (narrow slots of appropriate size); .plastic containers
should include recycled plastic, content; be fire resistent; be of
durable quality and warranty; be heat stamped or labeled for
commodity; be clearly labeled on'the lids and the front facing of
the bin, in Spanish and English (with graphics) as to the
Designated Recyclable(s) and "No Trash"; be clearly labeled with
the Grantee's name and phone number.
Grantee agrees to provide to each Multi-family complex at least
one Exterior Recycling Container per complex for commingled hard
recyclables (Aluminum cans, Glass Bottles and Jars, Plastic Bottles
and Tin and Bi-Metal Cans) and one Exterior Recycling Container
for Newspapers or alternatively at least one, 2- or '3- yard divided
bin that effectively separates commingled hard recyclables from
Newspape'rs. To the extent possible, Exterior Recycling Containers
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will be required to be placed adjacent to or near the Refuse
Collection containers.
4. Transportation and Marketing of Franchised Recyclables -
Grantee shall transport collected Franchised Recyclables to a
central collection and Processing point and shall retain
responsibility for the sale of such materials in a timely and efficient
manner, so as to yield the highest possible market value for the
Franchised Recyclables as collected and in accordance with any
Processing contract held by the Grantee. No noncontaminated
Franchised Recyclables shall be Landfilled, unless approved by the
City. Should market failure occur for one or more material types,
only the City Manager (or designee) of the City of Chula Vista may
decide not to collect the affected material. All written contracts, if
any, with processors, recyclers or other buyers of Franchised
Recyclables shall be submitted to the City.
Fral)chised Recyclables that are contaminated due to the
placement of Refuse in a Designated Recycling Container, or
inclement weather that leaves the Franchised Recyclables
unmarketable, may be landfilled. The Grantee shall retain a record
of such occurrences and report said occurrences to the City on a
quarterly basis. Should contamination occur more than twice at a
single complex said complex shall be notified. Should
contamination occur at a complex three or more times, the complex
shall be notified and charged the necessary disposal fee for
dumping the contaminated recyclables as.Refuse at the Landfill.
5. Missed Pick-ups - In case of missed pick-up called. in by a
property manager, owner or designated agent there of, Grantee
shall, where possible, provide Collection within 24 hours. If unable
to accommodate due to inadequate notice, the Franchised
Recyclables shall be picked-up on the next scheduled collection
day and the property manager is to be notified. If the Designated
Recycling Containers are overflowing or otherwise creating a
Nuisance as a consequence of a missed pick-up, the Grantee is
required to provide Collection within 48 hours of notification of
missed pick-up. Information on missed pick-ups shall be logged by
Grantee and shall be available to the City.
6. Public Awareness Program - The parties hereto agree to work
diligently to formulate promotional plans and/or advertising to
encourage Recycling in the City and thereby maximize the mutual
benefits of this ordinance. The Grantee. in conjunction with the
City, is responsible for promotion, education and outreach activities
related to the program. The Grantee will prepare an Introductory
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packet of information regarding the Citywide Multi-family Recycling
program and will distribute such packet with the Interior Recycling
Containers to each eligible residence. The packet shall include,
but not be limited to: a) an informational notice, appropriate for
hanging on refrigerator or other location indoors, that details all
program elements, Recyclables to be collected, how residents can
participate, use of the Interior Recycling Container, proper
placement of Recyclables in Exterior Recycling .Containers, the
City's mandatory recycling ordinance and recycling hotline phone
number; b) posters that can be placed in complex laundry rooms,
pool areas and other public locations that explain the program,
materials to be collected, description of program elements, the
City's mandatory recycling ordinance and recycling hotline phone
number.
All promotional materials shall be developed with the City's
Conservation Coordinator's or other designated City employee's
advise and consultation, from the first step in development, through
the final printing and distribution of materials. No materials shall be
developed or distributed without the approval of the Conservation
Coordinator or other designated City employee. All Introductory
Materials shall be fully translated into Spanish, unless otherwise
approved by the City. All subsequent materials shall be fully or at
least partially translated into Spanish, unless otherwise approved
by the City. All program materials shall utilize graphic
representation of Designated Recyclabl~s..
The Grantee shall provide to the City a detailed outline of program
promotional materials to be developed and outreach activities to be
conducted in advance of program implementation. The Grantee
will participate in community and school outreach activities "during
the initial phase of program implementation and provide ongoing
outreach activities, to include, but not be limited to, Multi-family
tenant and owner associations, community events, media events,
make presentations to community groups and businesses on an as
needed basis and as directed by the City, and attend County-wide
meetings related to recycling, speaking on the City's Multi-family
Recycling Program if needed and directed by the City. The
Grantee also agrees to reasonably assist in developing incentives
to increase participation and tonnage collected, and to encourage
involvement of community and youth groups.
The Grantee and the City agree that the main purpose of an
aggressive public education program is to increase participation
and diversion, as well as limiting contamination of Franchised
Recyclables. Beginning in the second year, if, in the City's
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judgement, it IS reasonably determined that the public education
effort has not resulted in high enough Program interest, the
Grantee will perform reasonable public education activities at the
City's direction at a cost to the Grantee not to exceed $.10 per Unit
per month. If needed, as determined by the Grantee and the City,
the Grantee will develop incentives to increase participation, such
as, offering rewards for complexes that have high participation
levels and high tonnage levels.
The Grantee agrees to provide technical assistance to property
owners, managers or designated agent there of and work with the
City to provide said technical assistance for Program design and
implementation. The. Grantee agrees to work with the City to
provide ongoing Program monitoring services and quality control to
prevent contamination of materials and encourage participation to
property managers, to include on-site visitations, as deemed
necessary by the Grantee and/or the City..
The Grantee will provide to the City a quarterly accounting of .all
outreach activities conducted during the previous quarter. The
Grantee will also provide an accurate accounting of all costs
associated with Program outreach, to include, but not be limited to,
costs for designing of outreach materials, printing of outreach
materials, etc.
7. Local Manager - The Grantee shall at all times during the term
of this ordinance have a local manager .charged with the
responsibility for supervision of the recycling operations and
obligations of the Grantee and agrees to provide, at a minimum,
one (1), half-time person directly assigned to the Multi-family
Recycling Program, whose duties are to include: promotional
material development and distribution; program monitoring
(including on-site visitations); educational outreach to school
children; community outreach.
8. Anti-scavenging - The Grantee agrees to provide information to
all property owners, managers or designated agents there of
regarding the City's anti-scavenging ordinance and how to report
scavenging occurrences. The Grantee agrees to inform all of its
employees of the City's anti-scavenging ordinance on a regular
basis and how said employees shall report scavenging
occurrences.
C. Obligations of the City - Subject to the provisions of Paragraph 85
of this ordinance, the City shall have lead responsibility for directing
the development and expenditures of the public awareness
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activities for the Multi-family Recycling Program. The City also
agrees to take such steps as may be reasonably necessary to
protect the Franchised Recyclables placed in the Designated
Recycling Collection or Storage Containers placed in the
Designated Recycling Collection Location(s) for collection by
Grantee under the terms of this ordinance and shall reasonably
enforce the City's anti-scavenging ordinance (CVMC, No. 2492).
If during the initial period of the franchise, or any extension thereof,
the City discontinues the separate collection of multi-family
recyclables and reverts to a Mixed Waste Processing system for
commingled collection of waste and recyclables, the City agrees to
allow a rate adjustment to permit the Grantee to recover the loss
incurred on the sale of vehicular equipment specifically purchased
to meet the Grantees obligations under this ordinance. Such loss
will be calculated by deducting the realizable market value of the
equipment from the reasonably depreciated book value of the
equipment at the time of the sale of equipment.
D. Funding and Rates for Collection
1. Funding Sources - The Residential Multi-family Recycling
Program will be funded by four sources: a monthly recycling fee to
all eligible residents (to be billed to the property manager or
resident, as with refuse billings); Net revenues from the sale of
collected recyclable material; savings in disposal cost of material
diverted from the landfill; grant funds when available and awarded.
a. A monthly recycling fee, charged to eligible residents is the
primary source of funding for this program. In general, it will
be allocated equally among the customer base, as
determined by Section D.2 below, receiving said Recycling
Collection services and will be determined by the Grantee's
operating expenses directly attributable to the recycling
program, less: revenue received from the sale of the
collected Recyclables, the savings realized in disposal costs
of material diverted from the landfill and any grant funds
received for the program.
b. All collected Recyclables will be sold at fair market value, as
outlined in Section B.3 above, and net revenues obtained
from such sales shall be retained by Grantee as an offset
against operating expenses. The City shall be notified of
significant changes in fair market values in writing as part of
the quarterly reporting requirements.
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c. Recyclable:=; collected in the Program will be diverted from
disposal in the landfill, thereby resulting in a cost savings to
the Grantee ("Landfill Diversion Credit"). On a monthly
basis, Grantee will determine the recycled material tonnage
collected and the resulting Landfill Diversion Credit based on
the landfill disposal cost approved by Council for refuse
collection rates and will credit this savings during the first
year of operation as an offset against operating expenses.
When reevaluating program costs in subsequent years, the
City agrees to consider Landfill Diversion Credits of less
than 100 percent. The amount will be subject to negotiation
and the intent is to provide an economic incentive for the
Grantee towards increased participation and program
success.
d. Any grant funds received will be applied to the costs of the
Program when award is noticed or during the next rate
review procedure if the award takes place once a specific
rate has been determined, with the intent of directly reducing
the monthly fee to the rate payer.
2. Rates for Collection - it is the City's intent to ensure that the
rates charged to the citizens for the Multi-family Recycling Program
are appropriate and equitable. The monthly fee of $1.50 per unit
will be the established fee for the period of July 1, 1993 through
March 31, 1994, billed in the same manner as the refuse collection
fee. .
Specific rate review procedures will be used by the City which are
consistent with the procedures used for normal Refuse Collection.
Rate review will consider adjustments for actual sale of
Recyclables and Landfill Diversion Credits in previous period
compared to original estimated amounts. Shortfalls or overages
will be used in determining rates for upcoming periods. Rate
review will be conducted as referenced in Section 9 of the
Franchise as amended, including the amendment created by
Ordinance No. 2104, Rates for Collection. An increase in rates for
Multi-family Recycling services will be subject to the same
limitations and conditions for Refuse Collection rates listed in
Section 9.
E. Record Keeping and Reports - Grantee agrees to accurately record.
collection data sufficient to comply with the reporting requirements
delineated below and shall file with the City written quarterly and
annual reports of Grantee's performance under this ordinance as
follows:
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1. Quarterly Program Reports - Within fifteen (15) working days
after the last day of each quarter, Grantee shall submit a Quarterly
Program report to include, but not be limited to, the following:
a. Tonnage summaries of all Franchised Recyclables
Recovered, by material and including a revenue statement
of all sales of Franchised Recyclables from the Program, by
material.
b. Market price for all Recyclables collected from the Multi-
family Recycling Program and sold by the Grantee and/or its
processor assignee. The weight receipts and market value
for material at the time sold shall be available for inspection
by the City.
c. Total number of customers served in the Program and
resident participation rates in terms of an overall Program
average. Any increases to the number of customers
serviced shall also b~ reflected.
d. Discussion of problems and noteworthy experiences in the
Program operation, to include specifically contamination
occurrences, listed by complex. Grantee agrees to monitor
each complex at least once per year in order to reflect
general participation by complex residents, contamination
problems, other problems and assess need for additional
public outreach activities.
e. Report of all education and community outreach efforts
conducted during the quarter.
1 Overall assessment of performance during the quarter.
g. Recommendations to increase tonnage of Franchised
Recyclable materials recovered.
2. Annual Report - On or before July 31 of each year of the term
of this ordinance, Grantee shall submit a fiscal year-end annual
report to include, but not be limited to, the following:
a. A collated summary of the information contained in the
quarterly reports and a summary of the average overall
Program participation rates and tonnages of recovered
Franchised Recyclables.
14
9-;22
. ,
b. Discussion of probiems and noteworthy experiences in the
Program operation, measures taken to resolve problems,
increase efficiency and Program participation. Number of
complaints listed by type of complaint, i.e., missed pick-up,
quality of service, etc., that occurred during the year.
c. Report of all education and community outreach efforts
conducted during the year and a discussion of their general
impact on participation and recovered tonnages. .
d. Overall assessment of performance during the year.
e. Recommendations to increase tonnage of recyclable
materials recovered.
f. Additional information as necessary to meet State and/or
Fe.deral mandated reporting requirements.
F. Performance Standards - This ordinance for Residential Multi-
family Recycling services is subject to the performance standards
and franchise conditions detailed in Section 14 Forfeiture of the
franchise (ordinance No. 1993). While it is the intent of Section 22
to describe specific Multi-family Recycling collection services to be
provided by the Grantee in addition to existing refuse collection and
disposal services, Grantee agrees that unacceptable performance'
of recycling services will be considered severable from its other
obligations under the Franchise.
Every reasonable effort must be made by the Grantee to maintain
high levels of participation in order to reach the City's established
diversion goals and assist in meeting the diversion standards set
out in Assembly Bill 939 and the City and County's Mandatory
Recycling Ordinances.
G. Additional Franchise Fee - The Grantee, as part of the
consideration of this ordinance, agrees to pay to the City an
additional franchise fee at a rate consistent with that paid for refuse
collection and detailed in Section 4 Consideration of the Franchise,
as amended by Ordinance 2104. This rate will begin at eight
percent (8%) of the annual Gross Receipts collected by said
Grantee within the City of Chula Vista from residents for the Multi-
family Recycling Program within the City. Beginning April 1, 1994,
the franchise fee shall be increased by one-half percent (1/2%) and
one-half percent (1/2%) each April thereafter until it reaches a
maximum of ten percent. It is understood that any such increase
in the franchise fee by the City shall be cause for the Grantee to
."
1Q
qw'.2;J
increase charges In order to "pass through" the cost of the
franchise fee.
H. Term - it is the intent of the City that the term for the provision of
Residential Multi-family Recycling Services shall be to the year
2002, subject to a two year notice of cancellation by the City
without cause which cannot be tendered sooner than the end of the
third year. The services remain cancelable for cause at any time.
,SECTION 3: This ordinance shall take effect and be in full force and effect
on the thirtieth day from and after its adoption.
Presented by
Approved as to form by
Athena Lee Bradley
Conservation Coordinator
Bruce M. Boogaard
City Attorney
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County Clerk's Rling Stamp
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid; I am over
the age of eighteen years, and not a party to
or interested in the above-entitled matter. I
am the principal clerk of the printer of the
CHULA VISTA STAR-NEWS, a newspaper of
general circulation, printed and published
TWICE-WEEKL Y in the City of Chula Vista,
and the South Bay Judicial District, County of
San Diego, State of California, under the date
of Aug. 8, 1932, Case Number 71752; that the
notice, of which the annexed is a printed copy
(set in type not smalier than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any sup-
plement thereof on the foilowing dates, to-wit:
Proof of Publication of:
Resolution 1714t
0/2e-
............................................................. ..............
\~/, ':-;;'i"RESOLUTIONNO.'.17146' ,<<:,',,",1.,,'
:RESOLUTION:-OFTHE'.,CITY -COUNCIL OF .THE"CIT,V;,OF'
CHULA; VISTA ,GIVING;NOTICE OF ,INTENT:,:TO' GRANTJ"A-'-"
FRANCHISE\TO,_ LAIDLAW> WASTE; SYSTEMS;':;;;INC:'~FOR
.. MULTI-FAMILY' RECYCLfNG:'COLLECTION'SERVICESiAND
SETTING APUBLIC HEAAINGTHEAEON"!' ;~ ":>""~.-,.':":// :';~, ,,;~,~"
WHE REAS, at the April.1 ~:\ 1993rneeting;,Council'approved~ib~..~
~ono:epl a propo~ed:mul!i7family recycling. program ,with ,coll~ction'
services to be provided by Laidfaw Waste Systems;arld.':,;'~,:'" ,j
1 WHEREAS, as directed;'staffhas',drafted thepropoSeo, f_ranc
chise. and, with Council ,approval ofothis,res()lution;_wlll begin'th9"
Charter required,process:of giving'the'notICQ of:inter'ilion,to,grant,.'
lhe franchise for multi-family recycling; collection,: services.,fol~
lowed.by, a, public hearing;o. n, the f.ir~.,~ read_i!lg O.t't.h~.,proposed'~
franchise ordinance.. '_ .;. '",' , " . , , ',"' .' ,~.
'WHEREAS. the Resource Conservation Commission atits May..
19; 1993 meeting unanimously supported amotion.to recommend"
to Cour,cil that the franchise ordinance'be approved.".f '~\:J:" "_<"_'
"NOW, THEREFORE. BE,IT,RESOLVED that t:-'e City CounCil
of the City of ChulaVista doeshereby'give'notice_ 9f.intention to,
consider gran ling to,Laid!aw'Waste,System~,.I_nc.,a fra,nchil;e,for '_
Citywide, residential multi-family' re_Cycling~ colj!iction;::_services,,~'
substantially inlhe form as containeddnAttachmentS:'a copyof
which' is, on file' in .the' office'-of;lheCilV'Clerk; and-subject to' any
~odi,ficat[ons as'r:nay be made: by Ih,e C~uncil a.lsubsequenthear~,
Ings and/ormeellngs and setting a publiC hearing a! 6:00 P'l1lion
the 13th day of'July,' ,1993'ln.,th{},Goun.c.iLChambers;~27.E;: fpurth"
Avenue;,Chula Vlsta,Catifornia whenany,person'having'any in-'.
terest therein or'any objectio'n tothegrantlng thereof lTlay appear-'
beforetheCityCouncilaridbeheard.~>, ; .. ",'_,,' -"":'
BE IT FURiHEA RESOLVED ttiat"the City Clerk of.lhe City,~f
ChulaVista IS hereby directed to~publish:nollce~of said,:he~ringat,
' least Once withinlifteen days of the passagehereofit1'theofficiah~
~r~r~~~:~~ ~. _-":-::' ,>. - T~ ',f~:,~,;: :::;~1j,;~;~'f':;i'~'-~" .~ :~~<;hK~~~"S~~'~.~:
Conservationtoordlnator"~"."""", ~.O'_ "", _'~',',r","~'-
~':'";,:,~ '.,:" _,,')~", '_ ~:.,,:."-',', ~'~<';ili~~i:,.l;~~~i :t~p~~~~~, M~~dg~~t~':
<~:. P;S~~'D:' :~~p io;~.~-~n~t~.~~JED.,1~:i~~.:cii~lztUr;,o~i~'~t:
the City of Ch'ulaVlsta, Galifornla;th!s 22nd 'daiof June; 1993Lby>,
the fOllowing vote::,'::;' ," :/~' r.':,_, ":i' ~C? 'i~ ~..' .'~ ; :c~..t."",,~!,~.., -':,':/:~
YES: councilrri~mbers:Fox, 'Ho"rton,: ~i:G~:RlrldFJiiB,:_NiwiN'~~~;~;
NOES: Councllniernbers: Norie ,:;,'::>~>,(,\,.,>:~:~'r,<'>i11'41~:.
.; 'ABSENT; Councilmembers: Non_eJ.ih.'::.:~:;."', 'I'W. ~~!'i/
ABSTAIN:Councilmembers: None',':: .. :,~~, ,~~" /(~':',(,
i ~'E'~~: :~'I~:;~f.:E.!~::~:..';~:~:. "~"~:~'~{~G:j :f;f:~'~;~<~;if~- ,.,.....,~,. .~~i~,~~fJf"
Bevery A: AutheletCity Clerk". :_,..'~"'-J':, '''''''''.' ': :: .....'___..'.,_.";".' ".'" ".'
STATE OF CALlF6RNIArp~,i' ' '/'.,:~.',. '~~;~ ;":'.~ _' (i.?-,::~,:,;,.~.,: .'. ;_}~ ':
COUNTYOFSANDIEGO) ss," \;'~,t?;.:;.;\P.. .,t. '.>!'1.:,~. '~:r:*"':Y'1:
CITY OF CHULA VISTA) ~:r ,~ ,.",: ~L,_7;;jj:t\,,;f iii"'"";-::,}~\-:r;~",Jt:\; ,>
-. I BGverlyA.Authelel;'City,Clerk ofJhe City of ChulaVista;'Cali-
forni_a, do herehy;certlfythat !he,foregorng .Resolution No, 17146
,was duly passed..approved; and adopted by, the City CounCil held
on Ih 22nd day ofJu,ne, 1993: , .',- . _ '~:"~.,,, ,.,t~;~':i:1,~...:';<,~:t(:h, _.',
, EXQculed thiS 22nd day of JUne; 1993.'>;:" -, ]..<,~.} "d',..,,' r':>'t"$ ,
", ,-.,'. , t . ,.,......,...;.' BeverlyA,"Authelet,
_c -~".: ".CityClerk
CV 00659 ., 6/26/93
93
all in the year 19............
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at
Chula Vista
,.~, JW1::~
California, this L. W day of ...........'.:-:....
'9....9)............................
Kc~rta~
Principal Clerk
9 "'"J.h
COUNCIL AGENDA STATEMENT
ITEM
10
MEETING DATE
June 22. 1993
ITEM TITLE: Reso 1 ut i on '11<-1'1 Amendi ng FY 1992-93 Budget, provi di ng for an
Unemployment Insurance Trust Fund appropriation to the Unemployment Insurance
Account.
SUBMITTED BY: DIRECTOR OF PERSONNEL (?~
REVIEWED BY: CITY MANAGER~~~~ (4/5ths Vote: Yes-X- No___)
The City pays for its unemployment insurance claims by reimburs,ement. Each
quarter, the Employment Development Department (E.D.D.) sends an itemized bill
of unemployment insurance benefits paid and the City, after verifying the bill,
reimburses E.D.D. In the past, the estimated annual amount was budgeted in the
Unemployment Insurance Account #100-0700-5234. It was agreed beginning back in
FY 1991-92 to not request the normal budget requirement but rather to appropriate
each quarter from the Unemployment Insurance Trust Fund. Thi s agreement was
reached in an effort to hold the line in the Insurance Budget and utilize Trust
Fund monies specifically set aside to pay unemployment claims.
RECOMMENDATION: That Counci 1 adopt the reso 1 ut ion provi di ng for an
appropriation of $8,898.00 from the Unemployment Insurance Trust Fund.
BOARD/COMMISSION RECOMMENDATION:' N/A
DISCUSSION .
During the budget hearings for FY 1992-93, it was a9reed that staff would not
request a line item budget for unemployment insurance (Acct. #100-0700-5234) but
would rather request an appropriation from the Unemployment Insurance Trust Fund
each quarter when claims are due and payable. This is the same practice as in
FY 91-92. The Trust Fund has more than $400,000 in reserve, and the interest
earnings to the Fund partially offset the normal budget requirement. As in the
past, excess intere~t earnings continue to flow back to the General Fund.
FISCAL IMPACT: A, total of $8,898.00 is to be appropriated from the
Unemployment Insurance Trust Fund to Unemployment Insurance Account #100-0700-
5234 for the quarter ended March 31, 1993. The sum appropriated to this account
will be expended by authorization and approval of the Finance Director.
A:\(Al13)\UNEMPL.INS#8(6/93)
\c-\
RESOLUTION NO.
\'\\'11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING FY 1992-93 BUDGET,
PROVIDING FOR AN UNEMPLOYMENT TRUST FUND
APPROPRIATION TO THE UNEMPLOYMENT INSURANCE
WHEREAS, the City pays for its unemployment insurance
claims by reimbursement and each quarter, the Employment
Development Department (EDD) sends an itemized bill of unemployment
insurance benefits paid and the city, after verifying the bill;
reimburses E.D.D.; and
WHEREAS, in the past, the estimated annual amount was
budgeted in the Unemployment Insurance Account #100-0700-5234; and
WHEREAS, it was agreed during FY 1991-92 Budget Review to
not request the normal budget requirement but rather to appropriate
each quarter from the Unemployment Insurance Trust Fund which
agreement was reached in ?in effort to hold the line in the
Insurance Budget and utilize Trust Fund monies specifically set
aside to pay unemployment claims; and
,
WHEREAS, a total of $8,898.00 needs to be appropriated
for the quarter ending March, 1993.
NOW, THEREFORE, BE IT RESOLVED that the City council of
the City of Chula vista does hereby appropriate $8,898.00 from the
Unemployment Insurance Trust Fund to Unemployment Insurance Account.
#100-0700-5234. ~ I
Pr,",nt,d by A~"i!r~fO by
Candy Boshell, Director of
Personnel Attorney
C:\rs\unemploy
t C)- 2.
COUNCIL AGENDA STATEMENT
Item
II
Meeting Date
Resolution 171lf~ Accepting
awarding contract for asphaltic concrete
SUBMITTED BY: Director of Finance~
REVIEWED BY: City ManagerJG ~~ (4/5ths Vote: Yes_No-1L)
Bids were received and opened at 2:00 p.m. on June 4, .1993 by the
Purchasing Agent for furnishing asphaltic concrete to the city for
use during the period July 1, 1993 through June 30, 1994.
6/22/93
ITEM TITLE:
bids and
RECOMMENDATION: That Council accept the bids and award the
contract to Sim J. Harris Co.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
Bids were requested for the following:
ITEM
MATERIAL
ESTIMATED
USAGE
1
2
3
4
5
Type III-F-AR-4000
Type 111-D-AR-4000
Type III-D-SC-SOO
Type B2-AR-4000
Type III-AR-4000
asphaltic concrete (sheet asphalt)
asphaltic concrete 13/S" max. aggregate)
asphaltic concrete Icold mix)
asphaltic concrete 13/4" max aggregate)
asphaltic concrete 13/S" fine)
2,500 Tons
2,000 Tons
. --___ 400 Tons
---50'Tons
~
50 Tons
Four vendors were mailed bid proposal forms with the following bids
received:
20.50
PRICE PER TON
ITEM ITEM
~ -1..
22.25 19.50
')
BIDDER
ITEM
..L
ITEM
..2..
ITEM TOTAL BID BASED
...Q. ON EST. USAGE
Lakeside Asphalt
Lakeside
22.00
20.75
$106,915.50
Sim J. Harris Co.
San Diego
24.00
19.50
24.00 19.50
19.50
110,550.00
Industrial Asphalt
San Diego
24.50
21.50
23.00 21.00
22.00
115,600.00
Calif Commercial Asphalt
San Diego
25.50
20.50
23.00 20.00
20.50
115,975.00
II"' I
Page 2, Item
Meeting Date 6/22/93
The bid specifications called for pick up of the material at the
vendor's plant. This way, the jOb site could be prepared while
trucks were on route to pick up hot material and application made
on their return.
The low bidder, Lakeside Asphalt, is located 3 miles north of
Lakeside off Highway 67. Driving distance is 63 miles round trip.
The number two bidder, sim J. Harris Co. is located at the junction
of Highway 163 and 1-15. Driving distance is 34 miles or 29 miles
less than driving to Lakeside Asphalt's plant. Normal pick of
materials is 7 tons per load.
It is more economical to pick up material at sim J. Harris Company.
Driving time to their plant, loading and return to Chula vista is
approximately 1.5 hours and to Lakeside Asphalt. is 2.25 hours.
Current City dump truck rates are $12.00 per hour and $17.43 per
hour for the driver. Based on the average 7 ton load, it will cost
$22.07 more per load to go to Lakeside or a total additional cost
of $15,764.
The other two bidders, Industrial Asphalt and California Commercial
Asphalt, are both in city of San Diego and the same distance as Sim
J. Harris Company.
The bid of Sim J. Harris meets
the Director of Public Works.
follows:
specifications and is acceptable to
The FY 92-93 unit prices were as
ITEM 1
ITEM 2
ITEM 3
ITEM 4
ITEM 5
23.50
19.00
24.00
New Item
New Item
FISCAL IMPACT: Funds are provided for in the Gas Tax Fund.
! /~J-
RESOLUTION NO.
171'17
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING
BIDS AND AWARDING CONTRACT FOR ASPHALTIC CONCRETE
The City Council of the City of Chula'Vista does hereby resolve as
follows:
WHEREAS, bids were received and opened at 2:00 p.m. on the 4th day of
June, 1993, in the Office of the Purchasing Agent of the City of Chula Vista for
furnishing asphaltic concrete to the City for use during the period July 1, 1993
through June 30, 1994 as follows:
ITEM
1
2
3
4
5
MATERIAL
ESTIMATED
USAGE/TONS
Type III-F-AR-4000
Type III-D-AR-4000
Type III-D-SC-800
Type B2-AR-4000
Type III-AR-4000
asphaltic
asphaltic
asphaltic
concrete
concrete
concrete
(sheet asphalt)
(3/8" max. aggregate)
(cold mix)
2,580
2,000
400
50
50
WHEREAS, the following four bids were received:
PRICE PER TON TOTAL BID BASED
BIDDER ITEM 1 ITEM 2 ITEM 3 ITEM 4 ITEM 5 ON EST. USAGE
Lakeside Asphalt
Lakeside 22.00 20.50 22.25 19.50 20.75 $106,915.50
Sim J. Harris Co.
San Diego 24.00 19.50 24.00 19.50 19.50 110,550.00
Industrial Asphalt;
San Diego 24.50 21.50 23.00 21. 00 22.00 115,600.00
Calif Commercial Asphalt
San Diego 25.50 20.50 23.00 20.00 20.50 115,975.00
WHEREAS, the bid specifications called for pick up of the material at
the vendor's plant so that the job site could be prepared while trucks were on
route to pick up hot material and application made on their return; and
WHEREAS, the low bidder, Lakeside Asphalt, is located 3 miles north of
Lakeside off Highway 67 with a driving distance of 63 miles round trip and the
number two bidder, 8im J. Harris Co. is located at the junction of Highway 163
and I-15 with a driving distance of 34 miles or 29 miles less than driving to
Lakeside Asphalt's plant; and
WHEREAS, it is more economical to pick up material at Sim J. Harris
Company, therefore, staff recommends awarding the contract to Sim J. Harris, who
has assured the city that he is a licensed contractor in the state of California
and can produce an acceptable performance bond; and
WHEREAS, all bidders were advised that selection would be made on the
basis of overall costs, including our transport costs for pickup.
1
1/,3
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
'Chula Vista does hereby accept said four bids, and does hereby award the contract
for said asphaltic concrete to Sim J. Harris to be completed in accordance with
the specifications as approved by the Director of Public Works of the City of
Chula Vista.
BE IT FURTHER RESOLVED that the Purchasing Agent of
Vista be, and he is hereby authorized and directed to cute
and on behalf of the City of Chula Vista.
Presented by
Lyman Christopher, Director of
Finance
C;\l'lI\ashconctelC
2
))'1
CITY COUNCIL AGENDA STATEMENT
Item 12-
Meeting Date 06/22/93
~
ITEM TITLE: RESOLUTION \'i 14"\ OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE EXECUTION OF A
PROFESSIONAL SERVICES AGREEMENT WITH THE LAW FIRM
OF SHEPPARD, MULLIN, RICHTER & HAMPTON FOR PAYMENT
OF VARIOUS LEGAL SERVICES RENDERED FOR THE RANCHO
DEL REY COMMERCIAL CENTER PROJECT PER PREVIOUSLY
APPROVED DEVELOPMENT AGREEMENT
SUBMITTED BY: Chris Salomone, Commnnity Development Director C ~ \
REVIEWED BY: John D. Goss, City ManagerjG ~~4/5ths Vote: Yes _ No..x)
BACKGROUND: Per the previously approved Development Agreement for the Rancho del
Rey Power Center, Marcia Scully, Esq., of Sheppard, Mullin, Richter & Hampton prepared
various agreements necessary to expedite developmelit of the Rancho del Rey Business Center.
All costs incurred for these services will be borne by the McMillin Company. There is no cost
to the City for this contract. Per the Development Agreement, these incurred expenditures are
for legal services and document preparation for the Development; the three implementing
agreements, and related escrow matters.
RECOMMENDATION: Adopt the resolution which authorizes the execution of a contract with
Sheppard, Mullin, Richter & Hampton for services rendered under this contract related to the
Rancho del Rey Power Center. All costs will be fully borne by McMillin Company per the
adopted Development Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable.
DISCUSSION:
The proposed attached agreement covers services which are to be paid for by the McMillin
Company including:
1. Development Agreement between the City and McMillin.
2. Implementation Agreements between the City and Home Depot; and the
City and K Mart.
3. Public Facilities and Financing Agreement between the City, McMillin,
and the Price Company.
4. Sub-division and Supplemental Sub-division Agreements for the two
project tracts.
5. Various matters pertaining to escrow closings conveying property from
McMillin to the retailers; and incidental work relating to final map
recordations.
12-1
Item
Meeting Date 06/22/93
Pursuant to the adopted Development Agreement between the City and McMillin, the McMillin
Company is responsible for the payment of all costs incurred for the above-referenced items.
This process is similar to the EIR consultant process where the City directs the consultant in
preparation of documents. A deposit account is funded by the developer with disbursements
controlled by the City. Over $70,000 has been billed to-date. A Not-to-Exceed amount of
$75,000 is included in this contract based upon Ms. Scully's recommendation. Listed below is
a current accounting of this contract:
Amount Invoiced
Amount Deposited
(McMillin)
$45,198.19
Amount Owed
(McMillin)
0.00
$45,198.19
$17,337.23
$ 4,799.50
$22,136.73
0.00
$ 2.730.15
$
0.00
$ 2.730.15
$70,065.07
$67,334.92
$ 2.730.15
The funds from McMillin have been deposited in a special revenue deposit account
(408-4081-CD004). Adoption of the resolution authorizes the execution of the contract, the
immediate payment of $67,334.92 from the revenue account to Sheppard, Mullin, Richter &
Hampton, and the deposit and transfer of McMillin funds to pay the remaining balance and any
future balance incurred under this contract. This action provides assurances to McMillin's
lenders of these City authorized expenditures.
FISCAL IMPACT: None, since McMillin is paying for all of the costs.
C:IWP51 IliA YNESIREPORTSIRDRPSA 1.113
\ "2- - "'2-
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AUTHORIZING THE EXECUTION OF A PROFESSIONAL
SERVICES AGREEMENT WITH THE LAW FIRM OF SHEPPARD,
MULLIN, RICHTER & HAMPTON FOR PAYMENT OF VARIOUS
LEGAL SERVICES RENDERED FOR THE RANCHO DEL REY
COMMERCIAL CENTER PROJECT PER PREVIOUSLY APPROVED
DEVELOPMENT AGREEMENT
WHEREAS, the City wishes to assist job generating and revenue enhancing
economic development projects; and
WHEREAS, the developer of the Rancho del Rey Business Center approached
the City regarding converting land uses to allow for the development of a major retail center;
and
WHEREAS, legal assistance is needed to prepare the necessary Development
Agreement, Retailer Implementing Agreements and a Public Facilities Financing Agreement; and
WHEREAS, outside legal services are needed due to in-house workload; and
WHEREAS, the full cost of such outside legal services are the responsibility of
the developer as stipulated in the Development Agreelnent adopted by City Council on
November 30, 1992 by Ordinance Number 2534; and
WHEREAS, Consultant warrants and represents that they are experienced and
staffed in a manner such that they are and can prepare and deliver the services required of
Consultant to City within the timeframes herein provided all in accordance with the terms and
conditions of this Agreement.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA
VISTA does hereby find, order, determine, resolve and authorize execution of Professional
Services Agreement with Sheppard, Mullin, Richter & Hampton not to exceed $75,000. Funds
will come from revenue account number 408-4081-CD004.
Chris Salomone
Community Development Director
AP j::st
Bruce M. Boogaard
City Attorney
BYj)
PRESENTED BY:
C,IWP51IHA YNESIRDRPSA'S.RES
:t..,
-,.
12.-~ J 12..-'1
Agreement between
city of Chula vista
and
Sheppard, Mullin, Richter & Hampton
for Legal Services
This agreement ("Agreement"), dated , 1993
for the purposes of reference only, and effective as of the date
last executed unless another date is otherwise specified in
Exhibit A" Paragraph 1 is between the city-related entity as is
indicated on Exhibit A, paragraph 2, as such ("city"), whose
business form is set forth on Exhibit A, paragraph 3, and the
enti ty indicated on the attached Exhibit A, paragraph 4, as
Consultant, whose business form is set forth on Exhibit A, para-
graph 5, and whose place of business and telephone numbers are
set forth on Exhibit A, paragraph 6 ("Consultant"), and is made
with reference to the following facts:
RECITALS
Whereas, the City wishes to assist job generating and
revenue enhancing economic development projects; and
Whereas, the developer of' the Eastlake Business Center
approached the City regarding converting land uses to allow for
the development of a major retail center; and
Whereas, legal assistance is needed to prepare the necessary
Development' Agreement, Retailer Implementing Agreements and a
Public Facilities Financing Agreement; and
Whereas, outside legal services are needed due to in-house
workload; and
Whereas, the full cost of such outside legal services are
the responsibility' of the developer as stipulated in the
Development Agreement adopted by City Council on November 30,
1992 by Ordinance Number 2535; and
,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
S\A013421G,NAF
Apr; l 26, 1993
EGB-47835
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NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
I. Consultant's Duties.
A. General Duties.
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 7, entitled "General Duties";
and,
B. Scope of Work and Schedule.
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to, and within the time frames set forth in Exhibit A, Paragraph
8, and deliver to ci:ty such Deliverables as are identified in
Exhibit A, Paragraph 8, within the time frames set forth therein,
time being of the essence of this agreement. The General Duties
and the work and deliverables required in the Scope of Work and'
Schedule, shall be herein referred to as the "Defined Services". .
Failure to complete the Defined Services by the times indicated
does not, except at the option of the city, operate to terminate
this Agreement.
C. Reductions in Scope of Work.
ci ty may independently, or upon request from Consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, city and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services.
In addition ,to performing the Defined Services herein set
forth, city may require Consultant to perform additional con-
sulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
"Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
E. Standard of Care.
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform
in a mann'er consistent with that level of, care and skill
S\A013421G.NAF
April 26, 1993
EGB-47835
Page 2
I '2..-~
ordinarily exercised by members of the profession currently
practicing u~der similar conditions and in similar locations.
F. Insurance.
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued
by Insurance Companies that have a Best's Rating of "A, Class V"
or better, or such other coverage as shall meet with the approval
of the.City:
Statutory Worker's Compensation Insurance and Employer I s
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which-
names City and Applicant as an Additional Insured, and which is .
primary to any policy which the city may otherwise carry
("Primary Coverage"), and which treats the employees of the City
and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
1. certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured or by providing such other evidence of
insurance coverage as shall meet with the approval of City.
2.. Policy Endorsements Required.
In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required
under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City demon-
strating same, which shall be reviewed and approved by the Risk
Manager.
S\A013421G.NAF
April 26, 1993
EGB.47835
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H. Security for Performance.
1. Performance Bond.
In the event that Exhibit A, at Paragraph'19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in
a form and amount satisfactory to the Risk Manager or City
Attorneyl/ which amount is indicated in the space adjacent to the
term, "Performance Bond", in said Paragraph 19, Exhibit A.
2. Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit call-
able by the City at their unfettered discretion by submitting to
the bank a letter, signed by the City Manager, stating that the'
Consul tant is in breach of the terms of this Agreement. ,The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or city Attorney which
amount is indicated in the space adjacent to the term, "Letter
of Credit", in said Paragraph 19, Exhibit A.
3. Other Security.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a Perfor-
mance Bond or a Letter of Credit (indicated by a check mark in
the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein' listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
4.
I. Business License.
Consultant agrees to obtain a business license from the city
and to otherwise comply with Title 5 of the Chula vista Municipal
Code.
liThe City Attorney's Office prefers that you obtain approval of the surety or bank., .the form of the security
and the amount of the security from the Risk Manager in the first instance and not the City Attorney. The
City Attorney's office would be available on.such risk issues as an alternate only if the Risk Manager is
unavailable and the matter canlt wait~
S\A013421G.NAF
Apri l 26, 1993
EGB-47835
Page 4
12.-~
II. Duties of the city.
A. Consultation and cooperation.
city shall regularly consult the Consultant for the purpose
of reviewing the progress of the Defined Services and Schedule
therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The city shall permit
access to its office facilities, files and records by Consultant
throughout the term of the agreement. In addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further under-
standing that delay in the provision of these materials beyond
30 days after authorization to proceed, shall constitute a basis
for the justifiable delay in the Consultant's performance of this
agreement.
B. compensation.
Upon receipt of a properly prepared billing from Consultant
submitted to the city periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 18, City'
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit
A, Paragraph 11, adjacent to the governing compensation relation-
ship indicated by a "checkmark" next to the appropriate arrange-
ment, subject to the requirements for retention set forth in
paragraph 19 of Exhibit A, and shall compensate Consultant for
out of pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the city to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 18 (C) to be
charged' upon making such payment.
III. Administration of Contract.
Each party designates the individuals ("contract Adminis-
trators") indicated on Exhibit A, Paragraph 13, as said party's
contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
IV. Term.
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
V. Liquidated Damages.
The provisions of this section'apply if a Liquidated Damages
Rate is provided in Exhibit A, paragraph 14.
S\A013421G,NAF
April 26, 1993
EGB-47835
Page 5
12-"
It is a..cknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in perfor-
mance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay. .
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the fol-
lowing penalty: For each consecutive calendar day in excess of
\ the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the city,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate") .
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall. be requested in
writing to the City's,Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon'the effect of delays to the work
and will not be granted for delays to minor portions of work'
unless it can be shown that such delays did or will delay the.
progress of the work.
.
VI. Financial Interests of Consultant.
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's. position to influence a
governmental decision in which Consultant knows or has reason to .
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests. ,
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that. Consultant has
dil igently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices commission, and has
S\A013421G,NAF
Apr; l 26, 1993
EGB-47835
Page 6
12-10
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles' from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance ,of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall
acquire any such Prohibited Interest within the Term of
Agreement, or for 12 months after the expiration of
Agreement, except with the written permission of City.
not
this
this
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City. .
S\A013421G.NAF
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EGB-47835
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VII. Hold Harmless.
Consultant shall defend, indemnify and hold harmless the
City, its elected and appointed officers and employees, from and
against all claims for damages, liability, cost and expense
(including without "limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agent or employee, subcontrac-
tors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful conduct of the City, its
officers, or employees. Consultant's indemnification shall in-
clude any and all costs, expenses, attorneys' "fees and liability
incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to
judgment or not. Further, Consultant at its own expense shall,
upon written request by the City, defend any such suit or action
brought against the City, its officers, agents, or employees.
Consultants' indemnification of city shall not be limited by any
prior or subsequent declaration by the Consultant.
VIII.
Termination of Agreement for Cause.
If, through any cause, Consultant shall fail to fulfill in
a timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, city shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials
up to the effective date of Notice of Termination, not to exceed
the amounts payable hereunder, and less any damages caused City
by Consultant's breach.
IX. Errors and omissions.
In the event that the city Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such negli-
gence, errors, omissions, Consultant shall reimburse City for any
addi tional expenses incurred by the City. Nothing herein is
intended to limit City's rights under other provisions of this
agreement.
X. Termination of Agreement for Convenience of city.
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
S\A013421G.NAF
Apr; l 26, 1993
EGB-47835
Page 8
\ 2. \ 2-
termination and specifying the effective date thereof, at least
thirty (30) days before the ~ffective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become City's s'ole and exclusive property. If the Agreement is
terminated by City as, provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
XI. Assignability.
The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City,
which city may not unreasonably deny. city hereby consents to
the assignment of the portions of the Defined Services identified
in Exhibit A, Paragraph 17 to the subconsultants identified
thereat'as "Permitted Subconsultants".
XII. Ownership, ,Publication, Reproduction and Use of Material.
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of city. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United states or in any other country without the express
written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public, Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such, reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
XIII.
Independent Contractor.
city is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the'Consu1tant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of city, and none of them
shall be entitled to any benefits to which city employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits.
S\A013421G.NAF
April 26, 1993
EGB-47835
Page 9
12-1~
XIV. Adminis~ative Claims Requirements and Procedures.
No suit or arbitration shall be brought arising out of this
agreement, against the city unless a claim has first been
presented in writing and filed with the City and acted upon by
the city in accordance with the procedures set forth in Chapter
1.34 of the Chu1a vista Municipal Code, as same may from time .to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
Upon request by City, Consultant shall meet and confer in
good faith with City for t~e purpose of resolving any dispute
over the terms of this Agreement.
..~
xv.
Attorney's Fees.
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
XVI. Statement of Costs.
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in the billing for said report or
document, a statement of the numbers and cost in dollar amounts
of all contracts and subcontracts relating to the preparation of
the report or document.
XVII.
Miscellaneous.
A.
Consultant not authorized to Represent City.
Unless specifically authorized in writing by city, Consult-
ant shall have no authority to act as City's agent to bind city
to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman .
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. Notices.
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
,
S\A013421G.NAF
Apri l 26, 1993
I
EGB-47835
Page 10
12.-\'-\
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement.
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties.
Each signatory and party hereto hereby warrants
represents to the other party that it has legal authority
capacity and direction from its principal to enter into
Agreement, and that all resolutions or other actions have
taken so as to enable it to enter into this Agreement.
and
and
this
been'
F. Governing Law/Venue.
This Agreement shall be governed by and construed in accor-
dance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, state
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the city of Chula vista.
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:
19_
CITY OF CHULA VISTA
Tim Nader, Mayor
Attest:
Beverly Authelet, City Clerk
..
S\A013421G.NAF
Apr; l 26, 1993
\2-\5/12...,1
EGB-47835
Page 11
qX
I
,/7 . (j
APP~'~ as; o~rm:
;J&uv, I - .
I!~
c'ty Attorney
Dated:
'S\A0134Z1G,NAF
April 26, 1993
Sheppard, Mullin, Richter
& Hampton
'70'/1
By: !~I
EGB-47835
Page 12
12.-1<0
Exhibit List to Agreement
( X) Exhibit A.
( ) Exhibit B:
S\A013421G.NAf
April 26, 1993
EGB-47835
Page 13
12-\1
Exhibit A
to
Agreement between,
City of Chula vista
and
Sheppard, Mullin, Richter & Hampton
1. Effective Date of Agreement:
2. City-Related Entity:
(X) city of Chula Vista, a municipal chartered corporation
of the State of California .
() Redevelopment Agency of the city of Chula Vista, a
political subdivision of the State of California.
() Industrial Development Authority of the city of Chula
vista, a
() other:
[insert business form]
, a
("City")
3. Place of Business for City:
city of Chula vista,
276 Fourth Avenue,
Chula Vista, CA 91910
,
4. Consultant:
Sheppard, Mullin, Richter & Hampton
5. Business Form df Consultant:
( ) Sole Proprietorship
(XX) Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
4695 MacArthur Court, Seventh Floor
Newport Beach, California 92660
ph# 714/752-6400
Fax: 714/851-0739
7. General Duties:
Provide legal services to assist in the completion of the
applicable transactions.
S\A013421G.NAf
HayS, 1993
12-1<i?
EGB-47835
Page 14
8. Scope of ~ork and Schedul~:
A. Detailed Scope of Work:
Assist staff in the negotiation of the agreements
referenced in Paragraph C below.. Draft all agreements.
Coordinate with Developer and retailers on completion
of transaction and close of escrows. Provide addi-
tional legal services as required to complete the
transactions.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No. 1: Development Agreement
Deliverable No. 2 : Public Facilities Financing.
Agreement - Price Club
Deliverable No. 3: Krnart Implementation Agreement
Deliverable No. 4 : Horne Depot Implementation Agreement
Deliverable No. .5: Subdivision Agreements
D. Date for completion of all Consultant services:
Upon completion of all activities including close of
escrow and recordation of final subdivision maps.
9. Insurance Requirements:
( )
( )
( )
( )
( )
(X)
( )
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required
(included in commercial General Liability coverage).
Errors and Omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
As approved by City's Risk Manager.
Performance Bond, $ (insert amount).
10. Materials Required to be Supplied by city to Consultant:
S\A013421G.NAF.
May 5, 1993
NOT APPLICABLE
EGB-47835
Page 15
\2--\9
11. compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables
set forth below:
Single Fixed Fee Amount: , payable
as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
B. ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services,'
in the amounts and at the times or milestones or Deliverables set "
forth . Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
City shall have issued a notice to proceed to Consultant as to
said Phase.
Phase
Fee for Said Phase
1.
$
$
$
2.
3.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consul ta,nt as
herein required, City shall pay Consultant for the productive.
hours of time spent by Consultant in the performance of said
services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1) ( ) Not-to-Exceed Limitation on Time and Materials
Arrangement
Notwithstanding'the expenditure by Consultant of
time and materials in excess of said Maximum Compensation
amount, Consultant agrees that Consultant will perform
all of the Defined Services herein required of Consultant
for $ , including all Materials, and other
"reimbursables" ("Maximum Compensation").'
S\A013421G.NAF
May S. 1993
EGB.47835
Page 16
\2..2,0
(2) (XX) Limitation without Further Authorization on
~ime and Materials Arrangement
At such time as Consultant shall have incurred time
and materials equal to $75,000.00, ("Authorization
Limit"), Consultant shall not be entitled to any addi-
tional compensation without further authorization issued
in writing and approved by the city. Nothing herein
shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule:
./
category of Employee
of Consultant Name
Hourly
Rate
Attornev Marcia ScullY
$155.00
$155.00
Attornev Ken Johnson
$
$
() Hourly rates may increase by 6% for services
rendered after [month], 19_, if delay in providing
services is caused by city.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
( None, the compensation includes all costs.
Reports, not to exceed
$
(X) Copies, not to exceed
$0.25jpage
"
I
() Printing, not to exceed
$ actual cost
$
(X) Travel, not to exceed
(X) Postage, not to exceed:
actual cost of mailing
over $5.00
() Delivery, not to exceed
$
(X) Long Distance Telephone
Charges, not to exceed:
125% of direct AT&T
charge
S\A0134Z1G.NAF
May 5, 1993
EGB-47835
Page 17
12~2(
() Other Actual Identifiable Direct Costs:
not to exceed $
, not to exceed $
13. Contract Administrators:
city:
Ms. Cheryl Dye
Economic Development Manager
Chula vista Redevelopment Agency
276 Fourth Avenue
Chula Vista, CA 91910
619/691-5047
Consultant:
Marcia Scully, Esq.
Sheppard, Mullin, Richter & Hampton
4695 MacArthur court, Seventh Floor
Newport. Beach, California 92660
714/752-6400
14. Liquidated Damages Rate:. NOT APPLICABLE
15. Statement of Economic Interests, Consultant Reporting'
categories, per Conflict of Interest Code:
(XX) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No. lo Investments and sources of income.
( ) Category No. 2. Interests in real property.
( Category No. 3. Investments, interest in real
property and sources of income subject to the
regulatory, permit or licensing authority of the
department.
( ) Category No.4. Investments in business. entities
and sources of income which engage in land develop-
ment, construction or the acquisition or sale of
real property.
( ) Category No.5. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
( ) Category No.6. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the designated
employee' s department to provide services, suppl ies,
materials, machinery or equipment.
S\A013421G.NAF
May 5, 1993
1'2.-22-
EGB-47835
Page 18
Cfyl1:
( ) _Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any:
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
NONE
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
(XX) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's~Billing:
( ) First of the Month
(XX) 15th Day of each Month
( ) End of. the Month
( ) Other:
C. City's Account Number:
19. Security for Performance - NOT APPLICABLE
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
Retention.
notwithstanding
If this space is
other provisions to
checked, then
the contrary
S\A013421G.NAF
May 5, 1993
EGB-47835
Page 19
12-"2. 3
.
requiring the payment of compensation to the Consultant
soon~, the city shall be entitled to retain, at their
.option, either the following "Retention Percentage" or
"Retention Amount" until the city determines that the
Retention Release Event, listed below, has occurred:
( ) Retention Percentage:
( ) Retention Amount: $
%
Retention Release Event:
( ) Completion of All Consultant services
( ) other:
S\A013421G.NAF
May 5. 1993
.
12-24
EGB-47835
Page 20
COUNCIL AGENDA STATEMENT
Item f~
Meeting Date 6/22/93
ITEM TITLE: Resolution \"1 \ C; D Accepting bids and awarding landscape maintenance
contracts for Open Space Districts 1, 5, 9, and 10
SUBMITTED BY: Director of Parks and Recreatio~
REVIEWED BY: City Manager--b ~~ (4/5ths Vote: Yes_No.1D
Staff is submitting two separate reports, one for Open Space District 10 and the second including all
other Open Space and Landscape Maintenance Districts. Councilman Fox resides in Open Space District
10. In order to avoid conflict of interest and maximize Councilman Fox's participation, it is necessary
to bifurcate the discussion, and to deliberate on District 10 separately.
Request for bids to provide landscape maintenance services for Open Space Districts I, 5, 9, and 10 were
let out on May 5,-1993 and received on May 28, 1993. New agreements are required because the
existing contract and the three one-year options expire this year on June 30.
RECOMMENDATION: That Council adopt resolution and accept bids and award contracts to the
following low bidder.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Sealed bids were received by the City Purchasing Agent on May 28, 1993, to provide landscape
maintenance for Open Space Districts 1, 5, 9, and 10 for FY 1993-94. Following the formal publication
of the Notice to Bidders, 50 landscape maintenance companies were notified. A total of 20 companies
attended the pre-bid conferences and tours on May 11 and 18, 1993. A total of 8 companies submitted
bids. This was the highest level of interest in landscape maintenance bidding in the past decade. This
level of interest and participation was reflected in very close competitive bidding.
Four districts were grouped into a cluster or grouping based upon similar types of landscaping and
physical size, similar scope of services, and physical proximity. This cluster is comprised of 5, 9, and
10 which are adjacent and contiguous, and District 1 which shares similar landscaping to District 10.
Staff devised these clusters to make it more appealing for contractor to bid on a larger area, which would
afford them the opportunity to utilize their resources more efficiently and reduce their overhead cost.
Staff's goal to produce a saving for the property owners was realized as can be seen in. Chart "C".
I~-I
Page 2, Item /..2.
Meeting Date 6/22/93
Chart "A" is a summary of the bids submitted from the various contractors.
CHART "A"
SUMMARY OF BIDS
Bid Ouster ,
Individual
District
Numbers RC's Alvezia Pac West Foster's New Way
1-5-9-10 $83,090.00 $84,593.89 $101,890.00 $117 ,309.00 $123,763.00
Chart "B" is a comparison of the cluster prices between the present FY 1992-93 and low bid.
CHART "B"
Cluster Component Current Price Lowest Responsible
Districts FY 1992-93 Bid Contractor
1-5-9-10 $87,090 $83,090 RC's
Chart "C" is a comparison of the current contract price and low bid for each individual district.
. CHART "C"
District Existing FY 1992-93 Price 1993-94 Bid Difference
1 $23,640 . . $22,640 (-1,000)
5 17,960 16,960 (-1,000)
9 16,810 15,810 (-1,000)
10 28,680 27,680 (-1,000)
Total 87,090 83,090 (-4,000)
This bid cluster received two bids lower than the current fiscal year contract price. The low bid
submitted by RC's Landscape Maintenance is 4.6% below current fiscal year contract. RC's is the
current contractor, in District, 1,5,9, 10, 18, presently performing satisfactory work. It is the opinion
of staff that the contractor low bid is fair and reasonable and should be accepted. Staff recommends that
bid cluster 1-5-9-10 be awarded to RC's Landscape Maintenance for the yearly amount of $83,090.
Sections of the Woodcrest Southwestern Project in District I Cand1ewood are tentatively scheduled for
turnover to the City during the upcoming fiscal year. The yearly bid submitted for these district areas
. will be prorated at 1/12 the yearly bid per monthly payment for the remainder of the fiscal year
subsequent to maintenance turnover. The terms of this agreement is for one-year contract and three one-
year options. Options are contingent on the City satisfaction with the level of service. and the new
contract price based on the annual CPI.
FISCAL IMPACT: Total costs for maintaining these districts are borne by the respective homeowners
in each district. In FY 1993-94, total annual assessments will reflect a decrease of $4,000 over the
previous year contracts.
WPC F:\HOME\PARKSREC\lOI5.93
)'3~2.
RESOLUTION NO. )7/50
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
LANDSCAPE MAINTENANCE CONTRACTS FOR OPEN SPACE
DISTRICTS 1, 5,9, AND 10
WHEREAS, sealed bids were received by the city Purchasing
Agent on May 28, 1993, to provide landscape maintenance for Open
Space Districts 1, 5, 9, and 10 for FY 1993-94; and
WHEREAS, four districts were grouped into a cluster or
grouping based upon similar types of landscaping and physical size,
similar scope of services, and physical proximity which cluster is
comprised of 5, 9, and 10 which are adjacent and contiguous, and
District 1 which shares similar landscaping to District 10; and
WHEREAS, Chart "A" is a summary of the bids submitted
from the various contractors.
CHART "A"
SUMMARY OF BIDS
Bid Cluster
Individual
District
Numbers RC's Alvezia Pac West Foster's New Way
1-5-9-10 $83,090.00 $84,593.89 $101,890.00 $117,309.00 $123,763.00
WHEREAS, the low bid submitted by RC's Landscape
Maintenance is 4.6% below current fiscal year contract and RC's is
the current contractor presently performing satisfactory work; and
I
I
WHEREAS, staff recommends that bid cluster 1-5-9-10 be
awarded to RC's Landscape Maintenance for the yearly amount of
$83,090.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby accept bids and award landscape
maintenance contracts for Open Space Districts 1, 5, 9 and 10 to
RC's Landscape Maintenance in the amount of' $83,090, who has
assured the city that they are a licensed contract.or who can
produce an acceptable performance bond.
Jess Valenzuela, Director of
Parks and Recreation
Presented by
C:\rs\O~Dbid.prt
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COUNCIL AGENDA STATEMENT
Item~
Meeting Date 6/22/93
SUBMITTED BY:
IlISI
Resolution Accepting bids and awarding landscape
maintenance contracts for Open Space Districts 2, 3, 4, 6, 7, 8, 11, 14, 15,
17, 18,20,24,26, and EastLake Landscape District No.1
Director of Parks and Recreati~
City ManagerJc:, ~ (4/5ths Vote: Yes_No...K.)
ITEM TITLE:
REVIEWED BY:
Request for bids to provide landscape maintenance services for Open Space Districts 2, 3, 4, 6,
7,8,11,14,15,17,18,20,24,26 and EastLake Maintenance District No.1 were let out on May
5, 1993 and received on May 28, 1993. New agreements are required because most of the
contracts and their three one-year options expire on June 30, additional landscape areas were
added to District #20 and EastLake Maintenance District, and finally there are three new
Districts, #17, 24, 26. .
RECOMMENDATION: That Council adopt resolution and accept bids and award contracts to
the following low bidders.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Sealed bids were received by the City Purchasing Agent on May 28, 1993, to provide landscape
maintenance for Open Space Districts 2, 3, 4, 6, 7, 8,11,14,15,17,18,20,24,26 and EastLake
Maintenance District No.1 for FY 1993-94. Following the formal publication of the Notice to
Bidders; 50 landscape maintenance companies were notified. A total of 20 companies attending
the pre-bid conferences and tours on May 11 and 18, 1993. A total of 8 companies submitted
bids. This was the highest level of interest in landscape maintenance bidding in the past decade.
This level of interest and participation was reflected in very close competitive bidding.
,
Fifteen districts were grouped into clusters or groupings based upon types of landscaping,
physical size, scope of services, physical proximity, and economy of scale. For example, Cluster
3-4-8 and Cluster 14-15-24 are comprised of adjacent districts. Cluster 2-6-7-17-26 is comprised
of small districts when grouped together benefit from economy of scale. Staff devised these
clusters to make it more appealing for contractors to bid on larger areas, whiCh ,would afford
them the opportunity to utilize their resources more efficiently and reduce their overhead cost.
Staff's goal to produce a saving for the property owners in each district was realized, with the
exception of District #4, as can be seen in Chart "C".
{4 .. I
Page 2, Item~
Meeting Date 6/22/93
Chart "A" is a summary of the bids submitted from the various contractors.
CHART "A" - SUMMARY OF BIDS
Bid Cluster
(Individual Environmental
District New eM.
Nos.) Alvezia Blue Skies Foster~s Way Pac West RC's Farle
2,6,7, 17,26 25,158.80 23,105.40 14,023 43,091 20,040 24,860 -- --
3,4,8 -- -- 101,689 72,881 81,884 75,000 -- --
14,15,24 -- 128;242.80 157,263 167.252 160,012 164,000 -- --
11 -- 54,505.68 78.966 62,000 76,343 60,000 -- --
18 62,066.39 66,285.96 59,169 61,085 -- 60,000 -- --
20 150,808.62 196,416.67 188,933 175,149 225,334 -- -- --
ELMD -- -- 35,416 - 45,493 53,256 55,569 55,279.57 48,080.00
Chart "B" is a comparison of the cluster prices. between the present FY 1992-93 and low bid,
CHART "B"
Cluster Component Current Price Lowest Responsib]e
Districts FY 1992-93 Bid Contractor
.*1 2-6-7-17-26 25,910 14,023.00 Foster's
3-4-8 79,230 72,881.00 New Way
*2 ]4-15-24 183,600 128,242.80 B]ue Skies
11 72,930 54,505.68 Blue Skies
]8 65,380 54,505.68 Blue Skies
*' 20 ]43,060 150,808.62 Alvezia .
ELMD 55,070 35,4]6.00 Foster's
.1 Districts 17 (Bel Air Ridge) and 26 (Park Bonita) are new for FY 93-94 and whose costs are not reflected in
the 92-93 contract total.
*2 District 24 (Canyon Views) is new for FY 93-94 and its status has not been determinc~.
*3 District 20 (Rancho del Rey) wiU include Phase 5 an additional 57.4 acres to the existing 116.8 acres (+49%).
Chart "C" is a comparison of the current contract price and the cluster bid for each individual
district.
N~2.
Page 3, Ite~-.LL
Meeting Date 6/22/93
CHART "C"
District FY 1992-93 Contract 1993-94.Bids Difference
2 5,Q20 3,756 (-1,264)
3 25,610 12,705 (-12,905)
4 24,860 31,614 6,754
6 11,770 6,054 (-5,716)
7 3,970 2,758 . (-1,212)
8 28,760 28,562 (-198)
11 72,930 54,505.68 (-18,425)
14 177,270 115,785.96 (-61,485)
15 6,330 5,317.80 (-1,313)
17 New 978 . n
18 65,380 59,169 (-6,212)
20 143,060 150,808.62 7,748
EL 56,070 35,416 (-20,654)
24 New 7,139.04 n
26 New 477 --
TOTAL (-114,882)
Six of the seven bid packages received bids lower than the current contract price. The bid for
Open Space District 20 (Rancho Del Rey) is 5.4% higher than the existing contract price but
includes the maintenance of the additional 57.4 acres of SPA 1 Unit 5, a district increase in
acreage of over 49%.
Of the lowest bidders, Foster's, District #20, and Blue Skies, District #11, 14, 15, are presently
maintaining City open space satisfactorily. Alvezia which submitted the low bid on District 20,
satisfactorily performed the landscape maintenance for the developer prior to City acceptance and
turnover. New Way, the low bidder for Cluster 3-4-8, has been successfully performing open
space ~aintenance for the City of San Diego.
It is the recommendation of staff that the following contractor's low bids are fair and reasonable
and should be accepted. The terms of the agreement are for one year with three one-year
options. Options are contingent on the City satisfaction with the level of service and the increase.
of contract price based on the annual CPI. .
I~' 3
Page 4, ItemJi-
Meeting Date 6/22/93
Staff recommends that:
For the Yearly
Bid Packages Be A warded To: Amount of:
2-6-7-17-26 Foster's Landscaping & $14,023.00
Maintenance
18 Foster's Landscaping & $59,169.00
Maintenance
EastLake Landscape Foster's Landscaping & $35,416.00
Maintenance District Maintenance
(ELMO)
11 Blue Skies Landscape $54,505.68
Maintenance
14-15-24 Blue Skies Landscape $128,242.80
Maintenance
20 Alvezia Landscape Co. $150,808.62
3-4-8 New Way Professional $72,881.00
Landscape Services
District 20 Rancho Del Rey SPA I Unit 5, District 24 Canyon Views and District 26 Park
Bonita, as well as sections of the Woodcrest and Brehm projects in District II Terra Nova are
tentatively scheduled for turnover to the City during FY 1993-94. The yearly bid submitted for
these district areas will be prorated at 1112 the yearly bid per monthly payment for the remainder
of the fiscal year subsequent to maintenance turnover.
FISCAL IMPACT: Total costs for maintaining these districts are borne by the respective
homeowners in each district. In FY 1993-94, total annual assessments will reflect a decrease of
$114,822 over the previous year contracts.
WPC F:\HOME.\PARKSREC\1017.93
N'~
RESOLUTION NO.
nISI
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
LANDSCAPE MAINTENANCE CONTRACTS FOR OPEN SPACE
DISTRICTS 2, 3, 4, 6, 7, 8, 11, 14, 15, 17,
18, 20, 24, 26, AND EASTLAKE LANDSCAPE
DISTRICT NO. 1
WHEREAS, sealed bids were received by the City Purchasing
Agent on May 28, 1993, to provide landscape maintenance for Open
Space Districts 2, 3, 4, 6, 7, 8, 11, 14, 15, 17, 18, 20, 24, 26,
and EastLake Landscape Maintenance District No. 1 for FY 1993-94;
and
WHEREAS, fifteen districts were grouped into clusters or
groupings based upon types of landscaping, physical size, scope of
services, physical proximity, and economy of scale; and
WHEREAS, Chart "A" is a summary of the bids submitted
from the various contractors.
CHART "A" ,SUMMARY OF BIDS
Bid Cluster
(Individual
District New Environmental
Care
Nos.) A]vezia Blue Skies Foster's Way Pac West RC's Farle
2,6,7,17,26 25,]58.80 23,]05.40 ]4,023 43,09] 20,040 24,860 .' --
3,4,8 -- -- 10],689 72,881 81,884 75,000 -- --
14,15,24 -- 128,242.80 157,263 ]67,252 ]60,012 164,000 .. -- .
11 -- 54,505.68 78,966 62,000 76,343 60,000 -- --
18 62,066.39 66,285.96 59,]69 6],085 -- 60,000 -- --
20 150,808.62 196,416.67 188,933 175,149 225,334 -- -- --
ELMD -- -- 35,4]6 45,493 53,256 55,569 55,279.57 48,080.0
0
1
I~ - 5"
WHEREAS, it is the recommendation of staff that the low
bids are fair and reasonable and should be accepted.
NOW, THEREFORE, BE IT RESOLVED that the city council of
the city of Chula vista does hereby accept bids and award landscape
maintenance contracts for Open Space Districts 2, 3, 4, 6, 7, 8,
11, 14, 15, 17, 18, 20, 24, 26 and EastLake Landscape District No.
1 as follows:
Bid Packages
Be Awarded To:
Fqr the Yearly .
Amount of:
2-6-7-17-26
Foster's Landscaping &
Maintenance
$14,023.00
18
Foster's Landscaping &
Maintenance
$59,169.00
EastLake Landscape
Maintenance District
(ELMD)
11
Foster's Landscaping &
Maintenance
$35,416.00
Blue Skies Landscape
Maintenance
$54,505.68
14-15-24
Blue Skies Landscape
Maintenance
$128,242.80
20
3-4-8
Alvezia Landscape Co.
New Way Professional
. Landscape Services
$150,808.62
$72,881.00
~
Presented by
/J I J
~\ vad ae~o,! ~ by I
! V III 'v ~..
vBruce M. Boogaard{ C'ty
Attorney
Jess Valenzuela, Director of
Parks and Recreation
'---.J
C:\rs\osbid.aIl
2
If-b
~"Erl SPACE
OF' HI E
DISTRICT
CITY OF' CHULA
-
" . . . "J
OPEN SPACE DISTRICT 2
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QUARTER SECTlON 42,
RANCHO DE LA NACION
Areas coll'tailli:Jg pemanent or tenporary :1rrlgatiGl;
syste:ns in na'tUI'al open space lands aDd slopes
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COUNCIL AGENDA STATEMENT
/5
Item
Meeting Dates: 6/22/93
ITEM TITLE:
Resolution /715t:J, Amending contracts for Sewer Consultant
Services with Dudek and Associates, Deloitte and Touche, and Dwight
Worden, '
SUBMITTED BY: Director of Public Works!~
REVIEWED BY: City Manage~ ~ .-?
, The Capital Improvement Budget has a project (SW 205) for Sewer COllsultants to help the City
in dealing with the new Clean Water Program, The amount budgeted was $265,000, By
Resolu,tion 16424, the City Council approved agreements with three firms for legal; engineering
and finance services' to provide consulting service to City 'Staff and, Council on a time and
material basis with a "not to exceed" clause for costs without prior Council approvaL Two of
the consultants are near.their "not to exceed" amounts, and the City is still in need of their
, services,
'RECOMMENDATION: That Council approve the resolution,
BOARDS AND COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
in November of 1991, Council entered into agreements with the firms of Dudek and Associates,
(Engineering), Deloitte & Touche, (Finance), and Dwight Worden, (Legal), to advise City staff
and Council on sewer related matters in dealing with the City of San Diego on the Clean Water
Program, The consultant developed' a detailed report that was presentated to Council in May
1993 as well as advised staff on other issues that arose during the contract period,
Th~ San Diego Area Wastewater Management District (SDA WMD) has been created to own and
'operate the sewer treatment system, " However, there are still many issues, that could have
significant, financial impacts on Chula Vista, that need to be decided by the region,
Since the contracts with the consultants were intended to be used until completion of the decision
process between the City of Chula Vista and the Region, it is recommended that new contracts
not be entered into, but the completion date and "not to exceed" amounts need to be amended
on the current contracts, The dollar amounts of the increase are well within the budgeted
amount. It is recommended that the term of the contracts be changed to June 30, 1994'and that
the "not to exceed" amounts in the original agreements be 'increased to the amounts below:
/5.-/
Page 2, Item _
Meeting Date: 6/22/93
F irrri
Dudek & Associates
Deloitte & Touch
. Dwight Worden
Origional amt.
$40,000
$20,000
$20,000
Increase
$40,000
$40,000
$10,000
New Amount
$80,000
$60,000
$30,000
It was intended that these original amounts would be' increased because the project "Metro Sewer
Upgradec Consultant Services" SWc205 was for $265,000. There are adequate funds in this
. project for the increase. . .
Based on the. direction of the SDAWMD and. direction of City Council at the Council
Conference in May, the consultants and staff will be working on the following issues during the
next'year. This list is for example and not intended to be all inclusive.
. Review and advise staff on costs that. are being charged to Chula Vista.
. Prepare implementation plan and schedule for an Otay Valley Water Reclamation Plant
if necessary.. .
. Look at further financing alternatives for the Otay Valley plant as well as advise staff in
dealing with SDA WMD and CWP staff in financing the system.
. Negotiate contribution to SDAWMD if we partially withdraw and build our own Otay
Valley Plant. .
. Possible negotiating with the International Boundary Water Cominission if Chula Vista
builds our own outfall.
. Evaluate methods for allocation of future District Costs (i.e. insure that growth pays its
full share of costs). .
. Advise staff in negotiating the SDA WMD Master Interagency Agreement.
. Review tj1e appropriateness of charges paid to the City of San Diego by Chula Vista form
inception of the Clean Water Program.
. Assist Council and staff in other sewer issues as they arise during the contract period.
The original agreements are attached for Council review. NOT SCANNED
FISCAL IMPACT:
This is not a new appropriation nor a new CIP project amount. However, the "not to exceed"
amount for the consultant contracts will increase by $90,000. The unexpended Balance in this
Project Account is adequate to cover this contract amendment.
JPL:SBIKY-205
F: IENGlNEERlAGENDA/SEWCONf. 61 0
15'~
RESOLUTION NO.
/7/5)...
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING CONTRACTS FOR SEWER
CONSULTANT SERVICES WITH DUDEK AND ASSOCIATES,
DELOITTE AND TOUCHE, AND DWIGHT WORDEN
WHEREAS, by Resolution 16424, in November of 1991,
Council entered into agreements with the firms of Dudek and
Associates, (Engineering), Deloitte & Touche, (Finance), and Dwight
Worden, (Legal), to advise City staff and Council on sewer related
matters in dealing with the city of San Diego on the Clean Water
Program; and
WHEREAS, however, there are still many issues, that could
have significant, financial impacts on Chula vista, that need to be
decided by the region; and.
WHEREAS, it is recommended that the term of the contracts
be changed to June 30, 1994 and that the "not to exceed amounts" in
the original agreements be increased to the amounts below:
Firm
Dudek & Associates
Deloitte & Touche
Dwight Worden
Increase
$40,000
$40,000
$10,000
New Amount
$80,000
$60,000
$30,000
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chulavista does hereby approve the increases in the
above referenced contracts for Sewer Consultant Services with Dudek
and Associates, Deloitte and Touche, and Dwight Worden as set forth
hereinabove.
Presented by
as1 0 b'fl
ty
John P. Lippitt, Director of
Public Works .
F:\home\attomey\sewcont.610
15~
'.
(KV-,x6 ~
RESOLUTION NO. 16424
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VJSTA APPROV ING CONSULTING CONTRACTS FOR SERVICES TO THE
CITY TO REVIEW AND ADVISE ON SEWER ISSUES BETWEEN THE
CITY OF SAN DIEGO AND CITY OF CHULA VISTA
The City Council of the City of Chula Vista does. hereby resolve as follows:
WHEREAS, the CIP provided funds for the City to retain expertise in the
areas of Engineering, legal, and Finance, to guide and advise the City in
reaching a decision on the course of action for the City to take in the future,
and to assist us in negotiating issues with the City of San Diego for current
Metro I cost issues.
WHEREAS, it is proposed that the selected consultants be retilined by the
City to perform the following tasks:
1. Review the current Metro Sewer Agreement to determine what rights and
responsibilities each agency has. This is particularly important
considering the major changes anticipated now, whi~h were never
anticipated in 1961.
Review and audit the cost figures provided us .by the City of San Diego.
I dent ify a 11 the components of the Cl ean Water Program, and determi ne if
Chula Vista should share in all those projects, or based on our Agreement,
negotiate a different position.
Revisit the Dudek Wastewater Treatment. Disposal and Rec1amation
Feasibility Study of 1990, to check assumptions and look at other options.
Advise.the City of Chula Vista on options to finance a treatment ~ystem,
should we dEcide to fully or partially leave the Metro System.
,
Assist Chula Vista staff in negotiatina modificatioJs to the 1961 Sewer.,
Agreement. - >-
Advi se the City,member on the Governmental Adv; sory Group (GAGj, i r; future
issues arising in those meetings.
Other tasks and studi es as requested by the Ci ty Manager, Ci ty Attorney,
Director of Finance and Director of Public Works.
WHEREAS, the following consultants are being recoDlllerided by the City
Attorney, Director of Finance, and Director of Public Works:
.
2.
3.'
4.
5.
6.
7.
.
Engi neeri ng
Finance
Law
Dudek and Associates
Deloitte & Touche
Dwight Worden
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Resolution No. 16424
Page 2 -
OJ'
WHEREAS, it is proposed that the contracts with each consultant be flexible
and on a time and material basis and initial contract amounts will be "not to
exceed" amounts without approval of the City Council- in the following "not to
exceed" amounts:
'Dudek & Associates
Dwight Worden
Deloitte & Touche
$40,000
$20,000
-- $20,000
'NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby app'rove the consulting contracts with' Dudek & Associates,
Dwight Worden, and Deloitte & Touche, known as document number C091-203, copies
of which are on file in the office of the City Clerk for the purpose of advising
the City and its'staff on sewer issues between the City of San Diego and the City
of Chula Vista. - ,
BE IT FURTHER RESOLVED that the City Council of the City ofChula Vista
does hereby waive the consultant selection process and directs the Mayor to
execute said agreements with the aformentioned consultants.
Presented by
Approved as to form b
0:
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J n P. Lipp tt~
'recto:" of Publ i c Works
A/.
Bruce M. Boogaard
City Attorney
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Resolution No. 16424
Page 3
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula
Vista, California, this 26th day of November, 1991, by the following vote: .
YES: Councilmembers: Grasser Horton, Moore, Nader
NOES: Counei lmember: Ri ndone
ABSENT: Councilmembers: Malcolm
ABSTAIN: Councilmembers: None
r/' /
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Tim Nader ;- Mayor
ATTEST:
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Beverly A. Authelet, City Clerk
STATE OF CALIFORNIA ~
COUNTY OF SAN DIEGO
CITY OF CHULA VISTA
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 16424 was duly passed, approved,
and adopted by the City. Council held on the 26th day of November, 1991.
ss.
Executed this 26th day of November,
1991.
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Beverly A-(Authelet, City Clerk
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c.:
Agreement between
City of Chula Vista
and
Dudek' Associates,Inc.
for
Engineering Consulting Services
This Agreement is made as of the reference date set forth in
Exhibit A, for the purposes of reference only, and effective as
of the date last executed between the parties, between the City
of Chula Vista ("city"), a municipal corporation of the State of
California, and the person or entity designated on the attached
Exhibit A as Consultant, ("Consultant"), and is made with
reference to the following facts:
Recitals
Whereas, In September, 1990 Consultant prepared a study for
the city entitled Wastewater Treatment, Disposal, and Reclamation
Feasibility Study (Feasibility Study) regarding City's options
regarding the City of San Diego"s Clean Water Programi and,
Whereas, city requires further, more detailed analysis of
iegal, financial, and engineering options and/or alternatives to
continued participation in the Metro Sewer Systemiand,
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
'prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms and conditions of this Agreementi .
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
a. General Duties
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 1, entitled "General
Duties"iand
b. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties"; Consultant shall also perform all of the services
described in Exhibit A, Paragraph 2, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according
to and within the time frames therein established (time being of
th~ essence of this agreement). (The General Duties and the work
required in the Scope of Work and Schedule shall be herein .
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referred to as the "Defined Services").
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c. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
d. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with'the approval of the City:
,Statutory Worker's Compensation Insurance and Employer's.
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 3.
Commercial General Liability Insurance including Business 0
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 3, combined single limit applied separately ~o each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City
and Applicant in the same manner as members of the general public
("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 3, unless Errors and Omissions coverage is
included in the General Liability policy.
e. Proof of Insurance Coverage.
Certificates of Insurance. Consultant shall demonstrate
proof of coverage herein required, prior to the commencement of
services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further
indicating that the policies may not be canceled without at least
thirty (30) days written notice,to the Additional Insured.
Policy Endorsements ReqUired. In order to demonstrate the
Additional Insured Coverage, Primary Coverage and CrOSS-liability
Coverage required 'under Consultant's Commercial General Liability
Insurance POlicy, Consultant shall deliver a policy endorsement 0
to the City demonstrating same.
2. Duties of the City
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a. Consultation and Cooperation
city shall regularly consult the Consultant for the
purpose of reviewing the. progress of the Scope of Work and
Schedule and to provide direction and guidance to achieve the
objectives of this agreement. The city shall permit access to
its.office facilities, files and records by Consultant throughout
the term of the agreement.
b. Compensation
City shall compensate Consultant for all services
rendered by Consultant according to the terms and conditions set
forth in Exhibit A, Paragraph 4 adjacent to the governing
compensation relationship indicated by a "checkmark" next to the
appropriate arrangement.
c. Reductions in Scope of Work
City may independently, or upon request from
Consultant, from time to time reduce the Services to be performed
by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
d. Additional Scope of Work
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services. related to the General Duties and Scope of
Work and Schedule ("Additional Services"), and upon doing so in
writing, Consultant shall perform same on a time and materials
basis at the rates set forth on Exhibit A, Paragraph 5, unless a
separate fixed fee is otherwise agreed upon. All compensation
for Additional' Services shall be paid monthly as billed.
3. Administration of Contract
Each party designates the individuals ("Administrators")
indicated on Exhibit A, Paragraph 6, as said party's contract
administrator who is authorized by said party to represent them
in the routine administration of this agreement.
4. Term
Consultant shall perform all of the Defined Services
herein required of it by not later than December 2 , 19~,
and shall abide by and comply with any interim time frames and
milestone dates that are or may be set forth in Exhibit A,
~ Paragraph 2.
a. Liquidated Damages
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It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount' of damages resulting from,delay in
performance. The parties ~ave used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of ~he respective work
assignment or Deliverable, the consultant shall pay to the City,
or h!lve withheld from monies due, ~he sum of'SlOO.OO.
Time e~ensions for delays beyond ~he consultant's control,
other than delays caused by the City, shall be requested in
writing to the city I s Administrator, or his designee,' prior to
the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress
of the work.
5. Financial Interests of Consultant
a. Consultant is Designated as an, FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 7, as an
"FPPC filer", Consultant ,is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and .
disclosure provisions, and shall report economic interests to the
City Clerk on the required statement of Economic Interests,in
such reporting categories as are specified in Paragraph 7 of
Exhibit A, or if none are'specified, then as determined by the
. city Attorney.
b. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
c. Search to Determine Economic Interests.
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Regardless of whether Consul~ant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently ,conducted a search and inventory of Cons~ltant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has 0
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
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Consultant's duties under this agreement.
d. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further. warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as proh~bited by the Fair Political Practices Act.
e. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in:a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
..~,
f. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any propert.y
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 7.
... Consul tant . further warrants and represents that no promise
of: future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written permission of City.
Consultant may not conduct or solicit any business for any
party to this Agreement, .or for any third party which maybe in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
6. Hold Harmless
Consultant shall defend, indemnify and hold harmless
the City its elected and appointed officers and employees, from
and agai~st all claims for damages, liability, cost and expense
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(including without limitation attorneys' fees) ar~s~ng out of the
conduct of the Consultant, or any agent or employee, subcontrac-
tors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful conduct of the City, its
officers, or employees. Consultant's indemnification shall in-
clude any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees in .
defending against such claims, whether the same proceed to
judgment or not. Further, Consultant at its own expense shall,
upon written request by the City, defend any such suit or action
brought against the City, its officers, agents, or employees.
Consultants' indemnification of city shall not be limited by any
prior or subsequent declaration by the Consultant.
7. Termination of Agreement for Cause
o
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right. to. terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date 0
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on.such.documents and other materials up
to the effective date of Notice of. Termination, not to exceed the
amounts payable hereunder, and less any damages caused city by
Consultant's breach.
8. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to City
greater than would have resulted if there were no such
negligence, errors, omissions , Consultant shall reimburse City
for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this
agreement.
9. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the. effective date thereof, at least
thirty (30) days before the. effective date of Such'termination.
In that event, all finished and unfin1shed documents and other
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materials described hereinabove shall, at the option of the City,
become city's sole and exclusive property. If the Agreement is
terminated by,City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. Consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
10. Assignability
. The services of Consultant are personal to the City, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City,
which City may not unreasonably deny.
11. Ownership, PUblication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties p~oduced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject topiivate use; copyrights or patent rights by Consultant
in the united States or in any other country without the express
written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
p~oduced under ~his Agreement.
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12'.. Independent Contractor
'v
city is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits.
13. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the city unless a claim has first been
presented in writing and filed with the City of Chula vista and
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acted upon by the City of Chula Vista in accordance with the ~
procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of
which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by the city in the
implementation of same. .
Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute
over the terms of this Agreement.
14. Attorney's Fees
Should a dispute ar1s1ng out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
15. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
'of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or . 0
document. '
16. Miscellaneous
a. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind city
to any contractual agreements whatsoever.
b. ( ) Consultant is Real Estate Broker and/or Salesman
If the foregoing box is marked, the Consultant and/or their
principals is/are licensed with the State of California or some
other state as a licensed real estate broker or salesperson.
c. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing.. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States. mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified adjacent to the signatures ~
of theparties'represented. . ~
d. Entire Agreement
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This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
e. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
s
, f. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this ,Agreement, and
performance hereunder, shall be the city of Chula vista.
[end of page. next page is signature page.)
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9
Signature Page to
Agreement between
City of Chula Vista
and
Dudek & Associates, Inc.
for
Engineering Consulting Services
o
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement this ,.,)t., -\-\- day of . \0,.fh..Sl..~ , 19 q I
,
CITY 'OF CHULA VISTA
L~v
By:
Tim Nader
Mayor, City of Chula Vista
Att1. t: (7 { (1_ I
~[f{l.1. " UP.-~
Beverly7Authelet,
city Cl~rk
,
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Approved as to form:
B~~~:~:r
city Attorney
Dudek & ssociat;-e7] :ncz ) ()
By: (AA'/.vlv 9 ~~ t:trA.
F ank DU~
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(./)'Exhibit A.
( )Exhibit B.
Exhibit List to
Agreement between City of Chula vista
and
Dudek & Associates, Inc.
for
Engineering Consulting Services
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standard Two-Party
Exhibit A
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Reference Date of Agreement: December 3.1991
Effective Date of Agreement:-Pecember 3.1991
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Dudek & Associates,Inc.,
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X) Corporation
Address: 605 Third Street, Encinitas, CA,92024
(619) 942-5147 FAX (619) 632-0164
1. General Duties:
Provide engineering (planning, preliminary design, cost
estimating, economic analysis, and regulatory analysis), 0
environmental, and administrative consultation on an on-call
basis to analyze and respond to City continued participation in
the Metro Sewer System.
2. Scope of Work and Schedule:
Detailed Scope of Work:
A. Attend key meetings with Chula Vista's staff and other
consultants to develop a strategy to respond to various Clean
Water Program proposals and demands.
B. Attend key METRO member agency meetings and Clean Water
Program meetings, as authorized by you, to learn what new
proposals are pending and to respond to various proposals and
information provided by the Clean Water Program staff and other
METRO member agencies present.
C. Further develop and analyze practical wastewater
treatment and disposal alternatives for Chula Vista, independent
or semi-independent from the Clean Water Program, for either
future implementation or for establishing a negotiating position
for Chula Vista.
D.
Analyze and present to Chula Vista staff and Council
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Exhibit A,
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Standard Form Two Party Agreement
12/3/91Page 1
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(if desired), working with financial and legal consultants
retai~ed by the City, theinformatin provided by the Clean Water
Program to facilitate a clear understanding of the commitments
and responsibilities associated with the proposed Clean Water
Program alternative(s), and how these commitments will affect the
City in the future. .
E. Provide updates to the Feasibility Study as requested.
F. Provide information to Chula Vista staff on reclaimed
water systems planning, regulatory approvals, and special funding
for wastewater and reclamation facilities.. .
G. .Coordinate with neighboring and pertinent agencies and
private land owners, such as the otay Water District, County of
San Diego, San Diego County Water Authority, International
Boundary and Water Commission, State Water Resources Control
Board, etc.
. H.. Perform any other tasks requested by City.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
Date for completion of all Consultant services: December
2,1992
3. Insurance Requirements:
(X) statutory Worker's Compensation Insurance
(X) .Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and omissions insurance: None Required
(included in commercial General Liability coverage).
(X) Errors and omissions Insurance: $250,000 (not included
in Commercial General Liability coverage).
2pty4-a.doc Exhibit A, Standard Form. Two
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4. Compensation:
() ,Single Fixed Fee 'Arrangement. 1
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed' fee in the
amounts and at the times or milestones or for the Deliverables
set forth below:
() Single Fixed Fee Amount:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services,
in the amounts and at the, times or milestones or Deliverables set
forth . Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
City shall have issued a notice to proceed to Consultant as to
said Phase.
o
Phase
1-
2.
3.
Fee for Said Phase
$
$
$
IThe difference between a single fixed fee amount with phased
payments and a phased fixed fee amount is that, in a single fixed
fee amount all of the work is required for all 'of the
compensation. Payments ,are phased to help with consultant cash
flow. In a phased fixed fee arrangement, the City has the
authority to cancel or require performance under subsequent
phases, so that, the compensation is due just for the phase of
work required, and not for the total amount.
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~xhibit A, Standard Form Two
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(X) Time and Materials
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time and materials spent by Consultant in the
performance of said Services, at the rates or amounts set forth
hereinbelow according to the following terms and conditions:
(. ) Not-to-Exceed
. Arrangement
Limitation
on
Time
and
Materials
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the
Defined Services herein required of Consultan~ for
$ including all Materials, and other
"reimburseables" ("Maximulll Compensation").
( X) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials "equal to S 40.000 ("Authorization Limit"),
Consultant shall not be entitled to any additional
compensation without further authorization issued in writing
and approved by the City Council. Nothing herein shall
preclude Consultant from providing additional Services at
Consultant's own cost and expense.
.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
12/3/91Page 4
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5. Rate Schedu1e2
Category of Employee
of Consultant
Hourly
Name Rate
Manaaina Enaineer
Frank DudekCM.S.lP.E. $104
Suoervisina Enaineer
steve DeerinaCM.S.lP.E. $94
Associate Enaineer
Gail MasutaniCPh.D.lP.E. $65
( ) Hourly rates may increase by 6% for services rendered after
[month], 19 , if delay in providing services is caused by city.
"Reimburseab1es" Separately Paid For by City
Cost or Rate
(X) None
( ) Materials
Reports
Copies
( ) Travel
( ) Printing
( ) Postage
( ) Deli very
( ) Long Distance Telephone Charges
( ) Other Actual Identifiable Direct Costs
Actual
Actual
Actual
Actual
Actual
Actual
Actual
2This section should be completed in all cases--if the main
compensation scheme is a "time and materials arrangement" or for
the purposes of requiring additional work.
2pty4-a.doc Exhibit A, Standard 'Form Two Party Agreement
12/3/91Page 5
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6. Contract Administrators:
City: John P.Lippitt, Director of Public Works, Public
Services Building, 276 Fourth Avenue, Chula Vista, CA
92010, (619) 691-5294.
Consultant: Frank Dudek, Dudek & Associates,Inc., 605 Third
Street, Encinitas, CA,92024
(619) 942-5147 FAX (619) 632-0164
7. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
Not an FPPC Filer.3
Investments and sources of income.
Interests in real property.
,
Investments, interest in
property and sources of
subject to the regulatory,
or licensing authori ty
department.
real
income
permit
of the
Investments in business entities
and sources of income which engage
in land development, construction
or the acquisition or sale of real
property.
( ) Category No.5.
Investments in business entities
and sources of income of the type
which, wi thin the past two years,
have contracted with the City of
3If Consultant, in the performance of its services under this
agreement: 1) conducts research and arrives at conclusions with
respect to its rendition of information, advice, recommendations
or counsel independent of the control and direction of the City
or of any city official, other than normal contract monitoring;
and 2) possesses no authority with respect to any City decision
beyond the rendition of information, advice, recommendations or
counsel, Consultant should not be designated as an FPPC Filer.
.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
12/3/91page,6
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Chula Vista (Redevelopment Agency)
to provide services, supplies,
materials, machinery or equipment.
Investments in business entities
and sources of income of the type
which, within the past two years,
have contracted with the designated
employee's department to provide
services, supplies, materials,
machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of Project Property, if any:
( ) Category No.6.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
12/3/91page 7
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Agreement between
City of Chula Vista
, and
Deloitte & Touche
for
Financial Consulting Services
This Agreement is made as of the reference date set forth in
Exhibit A, for.the purposes of reference only, and effective as
of the date last executed between the parties, between the City
of Chula Vista ("City"), a municipal corporation of the State of
California, and the person or entity designated on the attached
Exhibit A as consultant, ("Consultimt"), and is made with
reference to the following facts:
,.,1;
Red tals
Whereas, In September, 1990 Dudek & Associates prepared a
study for the city entitled Wastewater Treatment, Disposal, and
Reclamation Feasibility Study (FeasIbility Study) regarding
City's options regarding the City of San Diego's Clean Water
Program; and,
Whereas, City requires'further, more detailed analysis of
legal, financial, and engineering options and/or alternatives to
continued participation in the Metro Sewer System; and,
.Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to city
within the time frames herein provided all in accordance with the
terms and conditions of this Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. Consultant's Duties
a. General Dutie~
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph 1, entitled "General
Duties";and
b. Scope of Work and Schedule
In the process of performing and delivering said "General
Duties", Consultant shall also perform all of the services ,
described in Exhibit A, Paragraph 2" entitled" Scope of Work and
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Schedule", not inconsistent with the General Duties, according
to, and within the time frames therein established (time being of
the essence of this agreement). (The General Duties and the work
required in the.Scope of Work and Schedule shall be herein
referred to as the "Defined Services").
c. Standard of Care
o
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
d. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the city:
statutory Worker's Compensation Insurance and Employer's
Liability-Insurance coverage in the amount set forth in the 0
attached Exhibit A, Paragraph 3.
Commercial General Liability Insurance including Business.
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 3, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Applicant as an Additional Insured, and which is
primary to. any policy which the city may otherwise. carry
("Primary Coverage"), and which treats the employees of the city
and Applicant in the same manner as members of the general public
("Cross-liability coverage"). .
Errors and omissions insurance, in the amount. set forth in
Exhibit A, Paragraph 3, unless Errors and Omissions coverage is
included in the General Liability policy. .
e. Proof of .Insurance Coverage.
Certificates of Insurance. Consultant shall demonstrate
proof of coverage herein required, prior to the commencement of
services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further
indicating that. the policies may not be canceled without at least
thirty (30) days written ~otice to the Additional Insured.
Policy Endorsements Required. In order to demonstrate the
Additional Insured coverage, Primary Coverage and Cross-liability
coverage required under Consultant's Commercial General Liability
o
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Insurance Policy, Consultant shall deliver a policy endorsement
to the; City demonstrating same.
2. Duties of the City
a~ Consultation and Cooperation
city shall regularly consult the Consultant for the
purpose of reviewing the progress of the Scope of Work and
. Schedule and to provide direction and guidance to achieve the
objectives of this agreement~ The City shall permit access to
its office facilities, files and records by Consultant throughout
the term of the agreement.
..'. t'
'" Compensa ,~on
City shall compensate Consultant for all services
rendered by Consultant according to the terms and conditions set
forth in Exhibit A, Paragraph 4 adjacent to the governing
compensation relationship indicated by a "checkmark" next to the
appropriate arrangement.
c. Reductions in Scope of Work
City may independently, or upon request from
Consultant, from time to time reduce the Services to be performed
by the: Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
d'. Additional Scope of Work
In addition to performing the Defined Services herein set
forth, city may require Consultant to perform additional
consulting services related to the General Duties and Scope of
Work and Schedule ("Additional Services"), and upon doing so in
writing, Consultant shall perform same on a time and materials
basis at the rates set forth on Exhibit A, Paragraph 5, unless a
separate fixed fee is otherwise agreed upon. All compensation
for Additional Services sh~ll be paid monthly as billed.
3. Administration of eontract
E,ach party designates the ;ndividuals ("Administrators"),
indicated on Exhibit A, Paragraph 6, as said part y's ' contract
administrator who is authorized by said party to represent them
in the routine administration of this agreement.
.4. Term
.
Consultant shall perform all of the Defined Services
herein required of it by not later than December 2 , 19~, and
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12/4/91
shall abide by and comply with any interim time frames and
milestone dates that are or may be set forth in Exhibit A,
Paragraph 2.
a. Liquidated Damages
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delaY in
performance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay. -
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the suinof$100.00.
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Administrator, or his designee, prior to A
the expiration of the specified time. Extensions of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will 'delay the progress 0
of the work.
o
5. Financial Interests of Consultant-
a. Consultant is Designated as an FPPC Filer.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compe~sation promised by this Agreement.
c. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC 0
Filer, Consultant warrants and represents that Consultant has
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'diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
. Consultant's duties under this agreement.
d. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
e. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer,. Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result in
a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
. .. I. .
f. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which
may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any
property which may be the subject matter of the Defined Services,
("Prohibited Interest"), other than as listed in Exhibit A, .
Paragraph 7.
Consultant further warrants and represents that no promise of
futur~employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise. City of any such promise
that may be made during the Term of this Agreement, or for 12
months thereafter. :
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within.the Term of this
Agreement, or for 12 months after the expiration of this
Agreement, except with the written'permission of City.
Consultant may not conduct or solicit any business for any
party 'to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
,
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2pty4.doc Std 2party
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5
6. Hold Harmless
o
Consultant shall defend, indemnify and hold harmless the
city, its elected and appointed officers and employees, from and
against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agent or employee, subcontrac-
tors,' or others in connection with the execution of' the work
covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful conduct of the city, its
officers, or employees. Consultant's indemnification shall include
any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to
judgment or not. Further, Consultant at its own expense shall,
upon written request by the city, defend any such suit or action
brought against the City, its officers, agents, or employees.
Consultants' indemnification of City shall not be limited by any
prior or subsequent declaration by the Consultant.
7. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a 0
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the City,
become the property of the City, and Consultant shall be entitled
to,receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused city by
Consultant's breach.
8. Errors and Omissions
,
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to city
greater than would have resulted if there were no such negligence,
errors, omissions "Consultant shall reimburse City for any
additional expenses incurred by the City. Nothing herein is
intended to limit City'S rights under other provisions of this
agreement.
9. Termination of Agreement for Convenience of City
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2pty4.doc std 2party
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City may terminate this Agreement at any time and for any ,
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become' city's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
,<
'10. Assignability
The services of Consultant are personal to the city, and
Consultant shall not assign any interest in this Agreement, and
shall not transfer any intere~t in the same (whether by assignment
or novation), without prior written consent of City, which City
may nO,t unreasonably deny.
11. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
prope~ties produced under this Agreement shall be the sole and
exclusive property of city. No such materials or properties.
produced in whole or in part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
United States or in any other country without the express written
consent of city. city shall have unrestricted authority to
pUblish, disclose (except as may be limited by the provisions of'
the Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports,.studies, data,
statistics, forms or other materials or properties produced under
this Agreement.
12. Independent Contractor
. ,- .
city is interestep only in the results obtained and ,
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
'leave ,benefits.
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13. Administrative Claims Requirements and Procedures
N~ suit or arbitration shall be brought arising out of this
agreement, against the city unless a claim has first been
presented in writing and filed with the City of Chula Vista and
acted upon by the City of Chula Vista in accordance with the
procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of
which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by the city in the
implementation of same.
Upon request by City, Consultant shall meet and confer in
good faith with city for the purpose of resolving any dispute over
the terms of this Agreement.
14. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
15. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement of
the numbers and costin dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
16. Miscellaneous
o
a. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant
shall have no authority to act as City's agent to bind city to any
contractual agreements what~oever.
b. ( ) consultapt is Real Estate Broker and/or Salesman
If the, foregoing box is marked, the Consultant and/or their
principals is/are licensed with the State of California or some
other state as 'a licensed real estate broker or salesperson.
c. Notices
All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All 0
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
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or deposited in the United states mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified adjacent to the signatures
of th~ parties represented.
.d. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of.such amendment, waiver or discharge is sought.
'e. capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
'f. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, state
of California, and if applicable, the City of Chula Vista, or as
,close'thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the city of Chula Vista.
(end of page. next page is signature page.)
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9,
Signature 'page to
Agreement between
City of Chula Vista
and
Deloitte & Touche
for
Financial Consulting Services
IN WITNESS WHEREOF, City and co~~ltant have executed this
Agreement this ~ (0 ...w.- day of ~....~ , l!A I .
CITY OF CHULA VISTA
. By: ~ tf/ /'4/1
. Tim Nader - .
Mayor, City of Chula Vista .
c At79: I /l 17 -
y;;jfvtt!ll;. ( [ddlJ2Jl
Beverly/Autheleti
City clbrk
Approved as to form:
'1 (,LA ~\..
Bruce M. Boo
City Attorney
B::r;;:L
Dave Hamann
,
,
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(X)Exhibit A.
,
( )Eliliibit B.
','
Exhibit List to
, Agreement between
City of Chula Vista
and
Deloitte & Touche
for
Financial Consulting Services
:
11 !S:J 1
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2pty4:doc Std 2party
standard Two-Party
Exhibit A
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Reference Date of Agreement: December 3.1991
Effective Date of Agreement: December 3.1991
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Deloitte & Touche,
Business Form of Consultant:
( ) Sole Proprietorship
( X) Partnership
( ) Corporation
Address:Suite 1900. 701 "E" Street. San Dieqo. CA. 92101
16191232-6500 Fax 16191237-1755
1. General Duties:
Provide financial consultation on an on-call basis to
analyze and respond to City continued participation in the Metro
Sewer System. Review cost estimates and accounting procedures
presented by city of San Diego and Dudek; advise on accounting 0
procedures and cost sharing proposals; advise on present value of "
alternatives.
2. Scope of Work and Schedule:
Detailed Scope of Work:
A. Attend key meetings with Chula Vista's staff and other
consultants to develop a strategy to respond to various Clean
Water Program proposals and demands.
B. Attend key METRO member agency meetings and Clean Water
Program meetings, as authorized by you, to learn what new
proposals are pending, and to respond to various proposals and
information provided by the Clean Water Program staff and other
METRO member agencies present.
C. Further develop and analyze practical wastewater
treatment and disposal alternatives for Chula Vista, independent
or semi-independent from the Clean Water Program, for either
future implementation or for establishing a negotia~ing position
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'for Chula Vista.
D.. Analyze and present to Chula vista staff and Council
(if desired), working with engineering and legal consultants
retained by the City, the informatin provided by the Clean Water
Program to facilitate a clear understanding of the commitments
and responsibilities associated with the proposed Clean Water
Program alternative(s), and how these commitments will affect the
, City in the future.,
E. Coordinate with neighboring and pertinent agencies and
private land owners, such as the Otay Water District, County of
San Diego, San Diego County Water Authority, International
Boundary and Water Commission, State Water Resources Control
Board, etc..
- .
F. Perform any other tasks requested by City.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limitsifor Delivery of Deliverables:
Deliverable No.1:
Deliverable No.2:
Deliverable No.3:
Date for completion of all Consultant services: December
2,1992
3. Insurance Requirements:
(X) statut~y Worker's .Compensation Insurance
(X) EmpIOY"l" s' Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( )Errors and Omissions insurance: None Required (included
in Commercial General Liability coverage).
(X) Errors and Omissions Insurance: $250,000 (not included
in commercial General Liability coverage).
4. Compensation:
2pty4~C.doc Exhibit A, to Two party Agmt
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A
39
( ) Si~gle F~xed Fee Arrangement.1
For performance of all of the Defined services by Consultant
as .herein required, City shall pay a single fixed. fee in the
amounts and at the times or milestones or for the Deliverables
set forth below:
( ) Single Fixed Fee Amount: $
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
o
~( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set
forth . Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
City shall have issued a notice to proceed to Consultant as to o.
said Phase.
Phase
Fee for Said Phase
$
$
$
1-
2.
3.
1 The difference between a single fixed fee amount with phased
payments and a phased fixed fee amount is that, in a single fixed
fee amount all of the work is required for all of the
compensation; Payments are phased to help with consultant cash
flow. In a phased fixed fee arrangement, the, City has the
authority to cancel or require performance under subsequent
phases, so that the compensation is due just for the phase of
work required, and not for the total amount.
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(X) Time and Materials
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time and materials spent by Consultant in the
performance of said Services, at the rates or amounts set forth
herei~below according :o:the'followi~g terms and conditions:
,
( )Not-to-Exceed
Arrangement
Notwithstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the
Defined Services herein required of Consultant for
S including all Materials, and other
",reimburseables" ("Maximum Compensation").
Limitation
Time
and
Materials
on
(. X) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to $25.000 ("Authorization Limit"),
Consultant shall ,not be entitled to any additional
compensation without further authorization issued in writing
and approved by the City Council. Nothing herein shall
preclude Consultant from providing additional Services at
Consultant's own cost and expense.
:
2pty4.,.a.doc
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Exhibit A, Standard Form Two Party Agreement
4
A _ 37-
! 5~'//
5. Rate Schedule2
o
Category of Employee
of Consultant
Name
Hourly
Rate
Audit Partner
Judit Manaaer
~C Senior Manaaer
MC Senior Consultant
Dave Hamann
$250
$100
$250
Chris Heaartv
__Andrew Koniasbera
Robert Hudlow
__.lli.2_
( ) Hourly rates may increase by 6% for services rendered after
[month], 19 , if delay in providing services is caused by City.
"Reimburseables" Separately Paid For by City
~
(X) None
Cost or Rate
(
(
(
(
(
(
) Materials
Reports
Copies
) Travel
) Printing
) Postage
) Delivery
) Long Distance Telephone Charges
) other Actual Identifiable Direct Costs
Actual
(
o
Actual
Actual
Actual
Actual
Actual
Actual
:
2 This section should be completed in all cases--if the main
compensation scheme is a "time and materials arrangement" or for
the purposes of requiring additional work.
o
2pty4-a.doc Exhibit A, Standard Form
12/3/91page 5 .
'-~
Two Party Agreement
/5/'Id.
.
. e 6. Contract Administrators:'
city: John P.Lippitt, Director of Public Works, Public
Services Building, 276 Fourth Avenue, Chula Vista, CA
92010, (619) 691-5294.
.
.
Consultant: Deloitte & Touche,
San Diego, CA, 92101
(619)237-1755
suite 1900, 701 "B" str~et,
(619)232-6500 Fax
7. Statement of Economic Interests, Consultant Reporting
categ~ries, per Conflict of Interest Code:
.'1>....
( ) Not Applicable.
(X) FPPC Filer
Not an FPPC Filer.3
(X) Category No.1.
Investments and sources of income.
( ) Category No.2. Interests in real property.
( ) Category No.3. Investments, interest in
property and sources of income subject to the regulatory,
or licensing authority of the department.
,
real
permit
. '.. ( ) Category No.4. Investments in business enti ties
and sources of income which engage in land development,
construction or the acquisition or sale of real property.
( ) Category No.5. Investments in business entities
and sources of income of the type which, within the past two
years, have contracted with the City of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
( ) Category No.6. . Investments in business enti ties
and sources of income of the type which, within the past two
years; have contracted with the designated employee's department
3 If Consultant, in the performance of its services under this
agreement: 1) conduct~ research and arrives at conclusions with
respect to its rendition of information, advice, recommendations
or counsel independent of the control and direction of the City
or of' any City official, other than normal contract monitoring;
and 2,) possesses no authority with respect to any City decision
beyond the rendition of information, advice, recommendations or
counsel, Consultant should not be designated as an FPPC Filer.
.
2ptY4-a.doc Exhibit A, Standard Form TWo
12/4/91Page 6 -A 3<1
Party Agreement
J5~1/3
to provide services, supplies, materials, machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant's Associates" interests in real
property within 2 radial miles of Project Property, if any:
:
2pty4-a.doc Exhibit A,
1.2/4/91page 7
standard Form Two Party Agreement
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Agreement between
City of Chula Vista
and
Dwight Worden, APC
for'
Legal Services
This Agreement is made as of the reference date set forth in
Exhib~t A, for the purposes of reference only, and effective as
of the date last executed between the parties, between the City
of Chula Vista ("City"), a municipal corporation of the State of
'California, and the person or entity designated on the attached
Exhibit A as Consultant, ("Consultant"), 'and is made with
reference to the following facts:
Recitals
,
Whereas, In September, 1990 Dudek & Associates prepared a
study for the City entitled Wastewater Treatment, Disposal, and.
Reclamation Feasibility Study (Feasibility Study) regarding
City's options regarding the City of San Diego's Clean Water
progrcim; and,
,
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Whereas, city requires further, more detailed analysis of
legal,' financial, and engineering options and/or alternatives to
continued participation in the Metro Sewer System; and,
I
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the
terms :and conditions of this Agreement;
NOW"THEREFORE, BE IT RESOLVED that the City and Consultant
do hereby mutually agree as follows:
1. 'Consultant's Duties
a. General Duties
,
,
,
Consultant shall perform all of the services described on
the attached Exhibit A, Paragraph, 1, entitled "General
, Duties" .and
, ,
b. Scope of Work and Schedule
In the process of 'performing and delivering said "General
Duties", Consultant shall also perform all of the services
described in Exhibit A, Paragraph 2, entitled" scope of Work and
Schedule", not inconsistent with the General Duties, according
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to, and within the time frames therein established (time being of c:)
the essence of this agreement). (The General Duties and the work
required in the Scope of Work and Schedule shall be herein
referred to as the "Defined Services").
c. Standard of Care
Consultant, in performing any Services under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
d.Insurance
Consultant represents that it'and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk of loss
by the following insurance coverages, in the following categor-
ies, and to the limits specified,' policies of which, are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the city:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Pa~agraph 3. , '
Commercial General 'Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 3, combined single limit applied separately to each
project away from premises owned or rented by Consultant, which
names City and Appli~ant,as an Additional Insured, and which is
primary to any policy which the City may otherwise carry
("Primary Coverage"), and which treats the employees of the City
and Applicant in the same manner as members of the general public
("Cross-liability Co'{erage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 3, unless Errors and Omissions coverage is
included in the General Liability policy.
e. Proof of Insurance Coverage.
Certificates of Ins~rance. Consultant shall demonstrate
proof of coverage herein required, prior to the commencement of
services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further
indicating that the policies may not be canceled without at least
thirty (30) days written notice to the Additional Insured.
Policy Endorsements Required. In order to demonstrate the
Additional Insure& Coverage, Primary Coverage and Cross-liability 0
Coverage required under Consultant's Commercial General Liability
Insurance Policy, Consultant shall deliver a policy endorsement
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to the City demonstrat~ng same.
2. Duties of the City
,
a. Consultation and Cooperation
City shall regularly consult the Consultant for the
purpose of reviewing the progress of the Scope of Work and
Schedule and to provide direction and guidance to achieve the
objectives of this agreement. The city shall permit access to
its office facilities, files and records by Consultant throughout
the term of the agreement. In addition thereto, City agrees to
provide the information, data, items and materials set forth on
Exhibit ___, and with the further understanding that delay in the
provision of these materials beyond 30 days after authorization
"to proceed, shall constitute a basis for the justifiable delay in
the Consultant's performance of this ag7eement.
b. Compensation
City shall compensate Consultant for all services
rendered by Consultant according to the terms and conditions set
forth;in Exhibit A, Paragraph 4 adjaceFt to the governing
compensation relationship indicated bya "checkmark" next to the
appropriate arrangement.
,
c. Reductions in Scope of Work
City may independently, or upon request from
consuitant, from time to time reduce the Services to be performed
by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
d. Additional Scope of Work
In addition to performing the'Defined Services herein set
forth, city may require Consultant to perform additional
consulting services related to the General Duties and Scope of
Work and Schedule ("Additiopa1 Services"), and upon doing so in
writing, Consultant shall perform same on a time and materials
basis 'at the rates set: forth on Exhibit A, Paragraph 5, unless a
separate .fixed fee is otherwise agreed upon. All compensation
for Additional Services shall be paid monthly as billed.
, -.,. -
3. Administration of Contract
Each party designates the individuals ("Administrators")
indicated on Exhibit A, Paragraph 6, as said party's. contract
administrator wh~ is authorized by said party to represent them
in the routine administration of this agreement.
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4. Term
0,
Consultant shall perform all of the Defined Services
herein required of it by not later than December 2 , 19 92 ,
and shall abide by and comply with any interim time frames and
milestone dates that are or may be set forth in Exhibit A,
Paragraph 2.
a. Liquidated Damages
It is acknowledged by both parties that time is of the '
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in
performance. The parties have used their judgment to arrive at a
reasonable amount'to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of $100.00.
Time extensions for delays beyond the consultant's control,
other than delays caused by the City; shall be requested in
writing to the city's Administrator, or his designee, prior to
the expiration of the specified time. Extensions ,of time, when
granted, will be based upon the effect of delays to the work and
will not be granted for delays to minor portions of work unless
it can be shown that such delays did or will delay the progress
of the work.
o
5. Financial Interests of Consultant
a. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 7, as an
"FPPC filer", Consultant is deemed to be a "Consultant" for the
purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement' of Economic Interests in such
reporting categories as are specified in Paragraph 7 of Exhibit A,
or if none are specified, then as determined by the City Attorney.
b. Decline to participate.
'Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial ,interest other than the 0
compensation promised by this Agreement..
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c. Search to Determine Economic Interests.
-.
Regardless of whether Consultant is designated as an FPPC
Filer,' Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
d. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer" Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
e.' Duty to Advise of conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer,' Consultant further warrants and represents that Consultant
will~mmediately ,advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result in
a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
f. Specific Warranties Against Economic Interests.
, '
.
Consultant warrants and represents that neither Consultant,
,nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property which
may be the subject matter of the Defined Services, or in any
property within 2 radial miles from the exterior boundaries of any
property which may be the subject ~atter of the Defined Services,
("Prohibited Interest"), other than as listed in Exhibit A, ,
Paragr;aph 7.
Consultant further warrants and represents that no promise of
future employment, remuneration, consideration, gratuity or other
reward or gain has been made to Consultant or Consultant
Assoc~ates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such promise
that ~ay be made during the Term of this Agreement, or for 12
months thereafter. '
Consultant agrees that Consultant Associates shall not
acquire any such Prohibited Interest within the Term of this
Agreement, or fOL 12 months after the expiration of this
Agreement, except with the written permission of City.
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Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
6. Hold Harmless
Consultant shall defend, indemnify and hold harmless the
City, its elected and appointed officers and employees, from and
against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of the
conduct of the Consultant, or any agent or employee, subcontrac-
tors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising
from the sole negligence or sole willful conduct of the City, its
officers, or employees. Consultant's indemnification shall include
any and all costs, expenses, attorneys' fees. and liability
incurred by the City, its officers, agents, or employees in
defending against such claims, whether the same proceed to
judgment or not. Further, Consultant at its own expense shall,
upon written request by the City, defend any such suit or action
brought against the City, its officers, agents, or employees.
Consultants' indemnification of City shall not be limited by any
prior or subsequent declaration by the.Consultant.
7. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
. Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that. event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the City,
become the property of the City, and Consultant shall be entitled
to receive just and equitab.le compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach. .
8. Errors and Omissions
o
o
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under thi~ Agreement has resulted' in expense to City
greater than would have resulted if there were no such negligence, O.
errors, omissions , Consultant shall reimburse City for any
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additional expenses incurred by the City. Nothing herein is
intended to limit City's rights under other provisions of this
agreement.
,
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9. Termination of Agreement for Convenience of city
city may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In
that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become city's sole and exclusive property. If the Agreement is
termiriated by City as provided in this paragraph, Consultant shall
be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials
to the effective date of such termination. Consultant hereby
expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
10. Assignability
The services of Consultant are personal to the city, and
Consu~tant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City, which City
may not unreasonably deny.
11. Ownership, PUblication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or iri part under this Agreement shall be subject
to private use, copyrights or patent rights by Consultant in the
United states or in any othe~ coun~ry without the express written
consent of City. city shall have unrestricted authority to
publish, disclose (except as may be limited by the provisions of
the Public Records Act), distribute, and otherwise use, copyright
or patent, in whole or in part, any such reports, studies, data,
statistics, forms or o~her materials or properties produced under
this Agreement. '
,
12. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept ~onsultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all p*rposes under this Agreement, an independent contractor and
<.
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7
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits.
13. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought aris'ing out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the, City of ~hula Vista and
acted upon by the City of Chula Vista in accordance with the-
procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of
which are incorporated by this reference as if fully set forth
herein, and such policies and procedures used by the city in the
implementation of same.
Upon request by City, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute over
the terms of this Agreement.
14. Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be 0
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
0,
15. Statement of Costs
In the event that Consultant prepares a report or document, ,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement of
the.numbers and cost in dollar amounts of all contracts and
subcontracts relating to the prepa~ation of the report or
document.
16. Miscellaneous
a. Consultant no~ authorized to Represent City
by City, .Consul tant
to bind City to any
Unless specifically authorized in writing
shall have no authority to act as City's agent
contractual agreements whatsoever.
"
b. ( ) Consultant is Real Estate_Broker and/or Salesman
If the foregoing box is marked, the Consultant andior their
principals is/ar~ licensed ~ith the State of California or some o.
other state as a licensed real estate broker or salesperson.
c.Notices
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All notices, demands or requests provided for or permitted to
be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United states mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified adjacent to the signatures
of the parties represented.
d. Entire Agreement
,
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
,e. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agree~ent, and that all resolutions or other actions have been
taken ;so as to enable it to enter into this Agreement.
;f . Governing Law/Venue
This Agreement shall be governed by and con~trued in
accordance with the laws of the state of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, state
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
[end ~f page. next page is signature page.)
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Signature Page to
Agreement between
City of Chula Vista
and
Dwight Worden, APC
for
Legal Services
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement this '""<0 'l-\- day of ry..,... b,,,- , 19q1.
CITY OF CHULA VISTA
By:
-h ~-?-L
Tim Nader
Mayor, City of Chula Vista
. Attest: 0,/" a'
1/ i , I,,'! 1
~Y{'t,j- ;../, [bi,-,-Cd;
Beverly IAuthelet,
City Clerk
Approved as to form:
j lt~JJ~~r-~f:'y,(t.
Bruce ,M.Boog a ,
City Attorney
. By:
,
worcr
Worden
:
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c I)' EXhibit A.
CiA) E>iliibi t B.
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2pty4.doc Std 2Party
Exhibit List to
Agreement between
City of Chula Vista
and
Dwight Worden, APC
for
Legal Services
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standard Two-Party
Exhibit A
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Reference Date of Agreement: December 3.1991
Effective Date of Agreement: December 3.1991
city of Chula vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Dwiaht Worden. APC ,
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 740 Lomas Santa Fe Drive.Suite 102. Solana Beach.
CA. 92075 (619\755-6604 FAX (619\755-5198
1. General Duties:
Provide legal consultation on an on-call basis to analyze
and respond to City continued participation in the Metro Sewer
System.
2. Scope of Work and Schedule:
Detailed Scope of Work:
A. Attend key meetings with Chula Vista's staff and other
consultants to develop a strategy to respond to' various Clean
Water Program proposals and demands.
o
B. Attend key METRO member agency meetings and Clean Water
Program meetings, as authorized by City, to learn what new
proposals are pending and to respond to various proposals and
information provided by the Clean. Water Program staff and other
METRO member agencies present.
C. Further develop and analyze practical wastewater
treatment and disposal alternatives for Chula Vista, independent
or semi-independent f,rom the Clean Water Program, for. either
future implementation or for establishing a negotiating position
for Chula vista.
D. Analyze and present to Chula vista staff and Council
(if desired), working with financial and engineering consultants
ret~ined by the City, the information provided by the Clean Water
,Program to facilitate a' clear understanding of the commitments
o
2pty4-C.doc Exhibit A, to Two pa~ty Agmt
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IS' ~?
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.. ()Single Fixed Fee Arrangement.1
For performance of all of the Defined Services by Consultant
as herein required, city shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables
set forth below:
( ) Single Fixed Fee Amount: $
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
.
~ ( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set"
forth . Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
City shall have issued a notice to proceed to Consultant as to
said Phase.
~
Phase"
1-
2.
3.
Fee for Said Phase
$
$
$
'.
1 The difference between a single fixed fee amount with phased
payments and a phased fixed fee amount is that, in a single fixed
fee amount all of the work is required for all of the
compensation. Payments are phased to help with consultant cash
flow. In a phased fixed fee arrangement, the City has the
authority to cancel or require performance under subsequent
phases, so. that the" compensation is due just for the phase of
work required, and not for the total amount.
.
2pty4~C.doCExhibit A, to Two
1l/26/91page "J.
p~r:;. Agmt /;5-- -> ?
"11
(X) Time and Materials
o.
For performance of the Defined Services by Consultant as
herein required, city shall pay Consultant for the productive
hours of time and materials spent by Consultant in the
performance of said Services, at the rates or amounts set forth
hereinbelow according to the following terms and conditions:
( )Not-to-Exceed
Arrangement
Notwi thstanding the expenditure by Consultant of time and
materials in excess of said Maximum Compensation amount,
Consultant agrees that Consultant will perform all of the
Defined Services herein required of Consultant for
$ including all Materials, and other
"reimburseables" ("Maximum Compensation").
Limitation
on
Time
and
Materials
(X) Limitation without Further Authorization on Time and
Materials Arrangement
At such time as Consultant shall have incurred time and
materials equal to $20.000 ("Authorization Limit"),
Consul tant shall not be enti tIed to any addi tional
compensation without further authorization issued in writing
and approved by the City Council. Nothing herein shall 0
preclude Consultant from providing additional Services at
Consultant's own cost and expense.
o
2ptY4-a.doc Exhibit A, Standard
11/26/91.page "3
A
Form Two Party Agreement
C} t- J5 :s-gv
~ 5. Rate Schedule2
Category of Employee
of Consultant
Name
Hourly
Rate
APC
Dwiaht Worden
Irma Christ
-
. $150
$75
$125
$150
Paraleaal
I
Attornev
Terrv Gibbs
Scott Williams
Attornev
(. ) Hourly rates may increase by 6% for services rendered after
[month), 19 , if delay in providing services is caused by City.
"Reimburseables" Separately Paid For by. City
'Cost or Rate
.
(X) ., None
( ) Materials
Reports
Copies
( ) Travel
( ) ,Printing
( ) . Postage
. ( ) . Delivery
( ) Long Distance Telephone Charges
( ) Other Actual Identifiable Direct Costs
Actual
Actual
Actual
Actual
Actual
Actual
Actual
"
:
2 This section should be completed in all cases--if the main
compensation scheme is a "time and materials arrangement" or for
the purposes of requiring additional work.
.
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
. 11/26/91page jil
~
/.5~ ,>9
..
,
..
6.
Contract Administrators:
o
City:John P.Lippitt, Director of Public Works, Public
Services Building, 276 Fourth Avenue, Chula Vista, CA
92010, (619) 691-5294.
Consultant: Dwight Worden, 740 Lomas Santa Fe Drive,
. Suite 102, Solana Beach, CA, 92075
(619}755-6604 FAX (619}755-5198
7. Statement of Economic Interests, Consultant. Reporting
categories, per Conflict of Interest Code:
( ) Not Applicable.
(X) FPPC Filer
(X) Category No.1.
(X) Category No.2.
Not an FPPC Filer.3
Investments and sources of income.
Interests in real property.
( ) Category No.3. Investments, interest in
property and sources of income subject to the regulatory,
or licensing authority of the department.
( ) Category ~o. 4. Investments in business entities
and sources of 1ncome which engage in land development,
construction or the acquisition or sale of real property.
real
permit
o
( ) category No.5. Investments in business entities
and sources of income of the type which, within the past two
years, have contracted with the city of Chula Vista
(Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
( ) category No. 6. Inve~tments in business entities
and sources of income of the type which, within the past two
years, have contracted with the designated employee's department
3 If Consultant, in the performance of its services under this
agreement: 1) conducts research and arrives at conclusions with
respect to its rendition of information, advice, recommendations
or counsel independent of the control and direction of the City
or of any City official, other than normal contract monitoring;
and 2} possesses no authority with respect to any City decision
. beyond the rendition of information, advice, recommendations or
counsel, Consultant should not be designated as an FPPC Filer.
o
)~?O
2pty4-a.doc Exhibit A, Standard Form Two Party Agreement
11/26/91page Sf
CJ_~h....
, .
.
.
e
f." ,.,. ~ '
to provide services, supplies, materials, machinery or equipment.
eX) Category No.7.
Business positions.
eX) List "Consultant 's' Associates" interests in real
property within 2 radial miles of Project Property, if any:
:
2pty4~a.doc Exhibit A,
11/26/91page .
Standard Form Two Party Agreement
/5-6/
-fV-5l
COUNCIL AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Senate Bill 300 created the State/Local Transportation Partnership Program (SL TPP) to identify and
. construct locally supported projects with a minimum of State planning and review. Staff has prepared
wne applications for fifth cycle funding under this program (Exhibit "A").. In order that the application
. forSLTPP funding may be considered, a Council resolution approving the submittal of the application
to the CaITrans Local Streets and Roads.Engineer is required. CalTrans is the agency administering
this program.
RECOMMENDATION: That Council adopt a ~esolution approving the submittal of nine applications.
for fifth cycle funding of the State/Local Transportation Partnership Program (SLTPP).
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In response t6 the extensive State-wide need for funding for the rehabilitation and upgrading of streets
and roads, the State legislature has proposed the State/Local Transportation Partnership Program
(SLTPP). The SLTPP offers an opportunity to construct projects which may not stand the traditional
test of State-wide significance but are critically needed by a local community. The State legislature
intends to appropriate funding for the program for Fiscal Year 1994-95 by June 30, 1994. At that time,
thelegislature will also determine whether this will be an ongoing program beyond the 1993-94 fiscal
year. .
The maximum state share for each project will be 50% of project construction cost less Federal funding
Jor the project. A preliminary list of projects submitted by all agencies to CaITrans will be compiled
. and the requested State share computed. If the requested State share exceeds the total budgeted amount,
a pro-rata share for the projects will be computed and applicants will be notified of the resulting
percentage .of State share. Projects submitted must meet the following eligibility requirements:
.1. : The project will increase the capacity of the highway or guideway or would extend
service to new areas or in case of a local road rehabilitation project, it would extend the
. useful life of the roadway by at least 10 years.
2. 'The applicant has committed itself or is capable of committing itself to the payment of
the local share to complete. the project.
3. The project is not receiving any other State funds.
It, - /
[0\
,
Page 2, Item'. II,
Meeting Date 6/22/93
4, . The applicant has completed or is capable of completing. all project development work
so thatthe contracts for the project can be awarded no later than June 30, 1995,
S, ' Improvements to State highways are consistent with the State/Federal standards and are
. designed to minimize long-term maintenance costs,
6, The cost estimate included in the application is reasonable.
Exhibit A is a listing of the City projects to be submitted for fifth cycle funding.
The City's share of funding for' the proposed projects will be appropriated from Transportation Sales
Tax (Transnet) and DlF monies.
Our application for the Fourth Cycle of the subject program was approved by the City Council on June
30, 1992 by ~esolution 16694. Said resolution approved the submittal of the following five projects:
1. 1-80S/Telegraph Canyon Road interchange improvements, Phase II. .
2. . 1-80S/,East H Street interchap.ge improvements, Phase II.
3, L Street reconstruction betWeen Mission and Nacion.
4. Otay Valley Road, Phase II widening and reconstruction.
S. Orange A venue/Hunte Parkway street construction.
In addition, on June 12, 1992, the City of Chula Vista requested the roll-over of two projects from
Cycle 3 to Cycle 4, The two projects were Broadway between land L Streets and Broadway between
Naples Streets and the southerly ,City limits.' This brought the total number of projects in Cycle 4 to
seven projects.
.On June 3, 1:993, the City requested that four of the five projects listed' above along with Broadway.
between Naples Street and the southerly City limits be rolled over to Cycle S. This left two projects
in Cycle 4 ~ Otay Valley Road, Phase II widening and reconstruction and Broadway, between I and L
Street. The list of all the projects to be rolled over from Cycle 4 to Cycle S is listed on Exhibit B.
The primary reason for the roll-over is the inability to award the construction contracts on these projects.
,prior to June 30,1994 which is a requirement for Cycle 4.
The City of Chula.Vista will, therefore, have 14 projects in Cycle S of the SLTPP program.
A copy of all applications are in file in the City Clerk's office for Council review,
,
FISCAL IMPA~T: . Maximum potential revenues to the City for all 14 projects in the amount of
$8,466,400. 'Actual amount will be dependent on the number of projects approved and the 'computed
percentage of State share. ' The City will be responsible for the local share.
SMN/File:KY-179 I . ,
WPC F:\HOME\ENGINEER\AGENDA\SLTPP5TH.APP
, .
,
)6,' ~
RESOLUTION NO.
/7/53
WHEREAS, Senate
Transportation Partnership
construct locally supported
planning and review; and
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SUBMITTAL OF NINE
APPLICATIONS FOR FIFTH CYCLE FUNDS OF THE
STATE/LOCAL TRANSPORTATION PARTNERSHIP PROGRAM
Bill 300
Program
projects
created
(SLTPP)
with a
the State/Local
to identify and
minimum of. State
WHEREAS, staff has prepared nine applications to
CalTrans, the Agency administering the State Local Transportation
Partnership Program, and is submitting said package for Council's
approval; and
WHEREAS, in order that the application for SLTPP funds
may be considered, Council must approve the submittal of the
application to the CalTrans Local Streets and Roads Engineer; and
WHEREAS, the following is a listing of the city projects
to be submitted for Fifth Cycle Funds:
APPLICATION SLTPP
PROJECT TITLE PROJECT LIMITS AMOUNT MAX. MATCH
L Widening and Reconstruction Between Otay River Bridge and $122.400 $61,200
; on Ctay Valley Road,Phase northerly limits of amy Rio Subdivision
III
2. Widening and installation of Northbound 1-805 on-ramp to Plaza 200 ,000 100,000
. additional turn lane on Bonita Bonita Road
Road
3. Widening and installation of Southeast corner of Fourth and Orange 338,200 169,100
street improvements on Avenues
Orange Avenue, Library site
4. . Widen and installation of Paseo Del Rey to Tierra Del Rey 600,000 300 ,000
right turn lanes on East "H"
Street. Rancho Del Rey
Commercial Center ,
5. Widening and installation of Dtay Lakes Road to Central Avenue 282,500 141,250
street improvements on
Bonita Road
6. Widen the westbound Otay Lakes Road & Bonita Road 75,000 37,500
approach of Bonita Road intersection
7. ' Widening and installation of Proctor Valley Road to Telegraph 2,670,000 1,335,000
street improvements on Hunte Canyon Road
Parkway
8. o Widen east and westbound East "H" Street and Otay Lakes Road 160,000 80,000
'approaches of East "H" Street intersection
9. Widening and installation of Central Avenue to San Miguel Road 590,400 295,200
strcct improvements on
Bonita Road
TOTALS $5,038,500 $2,519,250
It -:3
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula VIsta does hereby approve the submittal of nine applications Fifth Cycle Funds of the
State/Local Transportation Partnership Program (SLTPP).
Presented by
John P. Lippitt, Director of
Public Works
C:\rs\SLTPP ,
Bruce M. Boogaar
Attorney
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KY-179
IAPP.OS)
STATE USE ONLY
PROJECT NO.
APPLICATION FO!=! STATE.LOCAl TI'lANSP01'lTATlONtA!=!TNE!=!SHtP P!=!OGRAM FUNDS
I .
.E.Xti.rnlI-A
(PAGE' OF 2)
Part I: Information and Certification
Pursuant to Califomia Streets and Highways Code, Division 3, Chapter 16, Section 2600 et seq.,
application for State. Local Transportation Partnership Program Funds is hereby made by:
Applicant: '. City of Chula Vista
Address:
276 Fourth Avenue
Chula Vista, CA 91910
Contact Person:
Samir M. Nuhaily
Phone:
(619) 691-5173
,.
I.
Expenditure Authorization (EA):
State Administered Project 0 Yes [) No
Transit Project 0 Yes [) No
Project Planning Number.
State Highway 0 Yes [) No
Staged Project 0 Yes [) No
Caltrans District:
State Route:
11
County:
San Diego
N/A
Post Mile Limits: N/A
to
N/A
Project LocatiDn / Limits: Hunte Parkway I between Prnc.tnr V~11 "Y Rn~rl ~nn Tpl p~r::lpn r~nyi"\~
Road.
TypeofVVork: Construction of a four lane major street including grading, pavement, drainagl
facilities, curb, sidewalk and street lighting.
Source of Lpcal Share Funds:
Developer Impact Fees
Justification'of Project: Project will provide access to a new part of the City (Salt Creek
Ranch).
Part II: Proiect Costs
. (A) Contract Items $ 2,670,000
(8) Less Ineligible amount (Contract Items) $( 0
(C) Total Eligible Amount.. A . B $ 2,670,000
(D) Maximum Stale Share.. 0.5 X (C) $ 1,335,000
A
) B
C
D
1,,>=
!~)21
4/15/93
"
EX!:illill..A
(Page 2 of 2)
APPLICATION FOR STATE.LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS
f5!!1JII: Quarterly Expenditure Plan
SL TPP CYCLE NUMBER x= 5
Percent by Quarter of Total Eligible Local Agency Expenditures
(Do not adjust for early reimbursement procedures)
.
'.
STATE F. Y.
QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL
(JUL.SEPT) (OCT.DEC) (JAN-MAR) (APR-MAY)
1 99(X. 1) /199X - 1994/1995
199X/199(X+1) - 1995/1996 25% 25% 25% 25% 100%
1 99(X+ 1) / 199(X+2) = 1996/199
199(X+2) /1 99(X+3) = 1997/199
.
GRAND TOTAL: 100%
--------------------------------
---------------------------------
- --------------------
- - ------------------------------
CERTIFICATION: To the best of my knowledge and belief, the data and information provided
in this application are true and correct, and I am authorized to file this application on behalf of
the applicant. Applicant acknowledges thai it understands, and can comply with the time limits
for award of contracts and expenditure of funds.
Name and title Mr. Clifford L. Swanson. Deputy Public Works Director/City En"ineer
Signature: Date:
Attachments: Location Map, Typical Cross-Section, Engineer's Estimate
13
Lb -r
4/15/93
...
PROJECT NO. 20
HUNTE PARKWAY
PROCTOR V ALLEY ROAD TO TELEGRAPH CANYON ROAD
Project Description: .
. Construct Hunte Parkway from Proctor Valley Road to Telegraph
Canyon Road as a four-lane major street (80 feet curb to curb).
Improvements to include grading, pavement, drainage facilities,
curb, sidewalk, street lighting, and right-of-way acquisition.
Cost Estimate:
$4,395,000
Project Location:
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LDT,SBIBUXTONmtANSDIF .NAR
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-65-
050793
HUNTE PARKWAY
PROCTOR V ALLEY ROAD TO TELEGRAPH CANYON ROAD
COST ESTIM'A TE
Estimate
June 1992
I. Public Improvements
II. 15 % Contingency
TOTAL
$ 2,669,700
400.300
$ 3,070,000
$ 184,200
184,200
$ 3.438.400
$ 895,000
$ 61.400
$ 4,394,800
~ 4,395.000
Subtotal
III. 6% Design
IV. 6% Inspection and Administration
Subtotal
V. Right"of"wayacquisition
VI. 2 % DIF Administration
USE
1. Cost estimate includes right"of"way acquisition for the portion off"site of Salt Creek
Ranch.
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~~
(APP.OS)
ST ATE USE ONLY
PROJECT NO. .
APPLICATION FOR STATE-LOCAL TRANSPGRTATIONtARTNERSHIP PROGRAM FUNDS
.EXHIBIT A
(PAGE 1 OF 2)
Part I: Information and Certification
Pursuant to California Streets and Highways Code, Division 3, Chapter 16, Section 2600 et seq.,
application for State-Local Transportation Partnership Program Funds is hereby made by:
Applicant:
Address:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Contact Person:
Samir M. Nuhaily
Phone:
(619) 691-5173
,.
I
Expenditure Authorization (EA):
State Administered Project 0 Yes liD No
Transit Project 0 Yes liD No
Project Planning Number:
State Highway 0 Yes [) No
Staged Project 0 Yes [t No
Caltrans District:
H
County:
San Diego
State Route:
N/A
Post Mile Limits: N/A
to
N/A
Project Location / Limits: Bonita Road, between Central Avenue and San Miguel Road
Type ofVVork: Widen Bonita Road from Central Avenue to San Miguel Road to a four lane
major street. Improvements to include grading, pavement, drainage facilities, curb, sidewalk
and street lighting.
Source of Local Share Funds: Developer Impact Fees
Justification of Project: Existing road is inadequate to handle peak period traffic volumes.
This project will increase street capacity to acceptable levels of services.
Part II: Proiect Costs
. (A) Contract Items $ 590,400 A
(B) Less Ineligible amount (Contract hems) $( 0 ) B
(C) Total Eligible Amount = A. B $ 590,400 C
(0) Maximum Stale Share = 0.5 X (C) $ 295,200 0
12
/ b- I';;"
4/15/93
~
(Page 2 of 2)
APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS
E2!1J1I: Quarterlvxpenditure PI.an
SLTPP CYCLE NUMBER X= 5
Percent by Quarter of Total Eligible Local Agency Expenditures
(Do not adjust for early reimbursement procedures)
..
'.
STATE F. Y.
QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL
(JUL:SEPT) (OCT- DEC) (JAN-MAR) (APR-MAY)
199(X-1) / 199X = 1994/1995
199X / 199(X+1) - 1995/1996 100% 100%
1 99(X+ 1) / 199(X+2) = 1996/199
1 99(X+2) / 1 99(X+3) = 1997/199
GRAND TOTAL: 100%
======================================--=========----=======
--------
------------
CERTIFICATION: To the best of my knowledge and belief, the data and information provided
in this application are true and correct, and I am authorized to file this application on behalf of
the applicant. Applicant acknowledges that it understands, and can comply with the time limits
for award of contracts and expenditure of funds.
Name and title Mr. Clifford L. Swanson, Deputy Public Works Director/City En!';ineer
Signature: Date:
Attachments: Location Map, Typical Cross-Section, Engineer's Estimate
13
/t::,~/3
4/15/93
PROJECT NO. 12
BOI\TIA ROAD
CENTRAL A VENUE TO SAN MIGUEL ROAD
Project Description:
Widen Bonita Road from Central Avenue to San Miguel Road to
a four lane major street (80 feet curb to curb). Improvements to
include grading, pavement, drainage facilities, curb, sidewalk and
street lighting. Improvements will require additional land acquisi- .
tion.
Cost Estimate:
$792,000
Project Location:
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-49-
050793
BONITA ROAD
CENTRAL A VENUE TO SAN MIGUEL ROAD
COST ESTIMATE
TOTAL
Estimate
June 1992
$ 590,400
88.600
$ 697,000
40,700
40.700
$ 778,400
13.900
$ 792,300
$ 792.00~
1. Surface Improvements
II. 15 % Contingency
Subtotal
III. 6% Design
IV. 6% Inspection & Administration
Subtotal
V. 2% DIF Project Administration
USE
1. This street portion is a cooperative effort with the County.
2. The City's share of the cost is based on the City's share of the traffic generation figures.
>
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fX!:i!e..II.A
~PAGE~ OF 2)
(APP.05)
ST ATE USE ONLY
PROJECT NO.
APPLICATION F01'l STATE-LOCAL Tl'lANSP0RTATlONtA1'lTNERSHIP PROGRAM FUNDS
part I: Information and Certification
Pursuant to Califomia Streets and Highways Code, Division 3, Chapter 16, Section 2600 et seq.,
application for State-Local Transport~tion Partnership Program Funds is hereby made by:
Applicant:
Address:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Contact Person:
Samir M. Nuhaily
Phone:
(619) 691-5173
..
,
Expenditure Authorization (EA):
State Administered Project 0 Yes ID No
Transit Project 0 Yes 1D No
Project Planning Number:
State Highway 0 Yes [l No
Staged Project 0 Yes [) No
Caltrans District:
State Route:
11
County:
San Diego
N/A
Post Mile Limits: N/A
to
N/A
Project Location 1 Limits: East. "H" Street 1 Otay Lakes Road Intersection
Type of Work: Pro;ect will provide additional throu~h lane on eastbound and
westbound approaches of East "H" Street.
Source of Local Share Funds:
Developer Impact Fees
Justification of Project: This very busy intersection requires the additional canacHv
that this project will provide.
A
) B
c
o
12
Ib---;l
4/15/93
fXf::!llill.A
(Page 2 of 2)
APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS
f2r1JlJ: Ouarterl,y Expenditure Plan
SL TPP CYCLE NUMBER X= 5
Percent by Quarter of Total Eligible Local Agency Expenditures
(Do n~t adjust for early reimbursement procedures)
.
I,
STATE F. Y.
QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL
(JUL-SEPT) (OCT- DEC) (JAN-MAR) (APR-MAY)
199(X-1)/ 199X = 1994/1995
199X !-199(X+1) = 1995/1996 50% 50% 100%
199(X+1) / 199(X+2) = 1996/199
1 99(X+2) / 199(X+3) = 1997/199
GRAND TOTAL: 100%
======================================--=========----==-----===============
I
CERTIFICATION: To the best of my knowledge and belief, the data and information provided
in this application are true and correct, and I am authorized to file this application on behalf of
the applicant. Applicant acknowledges that it understands, and can comply with the time limits
for award of contracts and expenditure of funds.
Name and title Mr. Clifford L. Swanson. Deputy Public Works Director/City Enl';ineer
Signature: Date:
Attachments: Location Map, Typical Cross-Section. Engineer's Estimate
13
/~~/'
4/15/93
PROJECT NO. 35
EAST lOR" STREET
OTAY LAKES ROAD INTERSECTION
Project Description:
Widening of eastbound and westbound approaches of East "H"
Street to provide an additional through lane in each direction.
Cost Estimate:
$221,000
. Project Location:
C
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LDT:SBlBUXTONrrRANSDIF .NAR
.97-
050793
EAST "H" STREET
OTAY LAKES ROAD INTERSECTION
COST ESTIMATE
Estimate
June 1992
I. Public Improvements $ 160,000
II. 15 % Contingency $ 24.000
Subtotal $ 184,000
III. 9 % Design $ 16,500
IV. 9% Inspection and Administration 16.500
Subtotal $ 217,000
V. 2 % DIF Administration $ 3.700
TOTAL $ 220,700
USE ~ 221,000
1) Cost estimate from Salt Creek Ranch Public Facilities Financing Plan
.
LDT,SBIBUXTONrrRANSDIF.NAR .
Ib--d-D
-98-
050793
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KY-179
(APP,OS)
ST ATE USE ONLY
PROJECT NO,
APPLICATION FOR S1 ATE-LOCAL TRANSP0l'lTATlON t ARTNERSHIP PROGRAM FUNDS
fX!illill.A
(PAGE' OF 2)
Part I: Information and Certification
Pursuant to California Streets and Highways Code, Division 3, Chapter 16, Section 2600 et seq.,
application for State-Local Transportation Partnership Program Funds is hereby made by:
Applicant:
. Address:
City of Chula Vista
276 .Fourth Avenue
Chula Vista, CA 91910
Contact Person:
Samir M. Nuhaily
Phone:
(619) 691-5173
,.
I.
Expenditure Authorization (EA):
State Administered Project 0 Yes [J No
Transit Project 0 Yes [J No
Project Planning Number:
State Highway 0 Yes I!l No
Staged Project 0 Yes [) No
Caltrans District:
H
County:
San Diego
State Route:
N/A
Post Mile Limits: N/A
to
N/A
Project Location / Limits: Otay Lakes Road / Bonita Road Intersect; on
Type of Work: Widen the west bound approach of Bonita Road and provide an addit; onal
left turn lane.
Source of Local Share Funds: Developer Impact Fees
Justification of Project: Project will increase capacity of intersection.
A
) B
c
o
12
/ t:,-r:J~
4/15/93
"-
fXtUIDI..A
(Page 2 of 2)
APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS
'part III: Ouarterly Expenditure PI2n
SLTPP CYCLE NUMBER X= 5
Percent by Quarter of Total Eligible Local Agency Expenditures
(Do not adjust for early reimbursement procedures)
.
"
STATE F. Y.
QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL
(JUL-SEPT) (OCT- DEC) (JAN-MAR) (APR-MAY)
199(X-1)/ 199X = 1994/1995
199X / 199(X+1) = 1995/1996 100% 'nn~
1 99(X+ 1) / 199(X+2) = 1996/199 I
199(X+2) /199(X+3) = 1997/199
GRAND TOTAL: 100%
================================-------==========--==----------==========
CERTIFICATION: To the best of myknowledge and belief, the data and information provided
in this application are true and correct, and I am authorized to file this application on behalf of
the applicant. Applicant acknowledges that it understands, and can comply with the time limits
for award of contracts and expenditure of funds.
Name and title Mr. Clifford L. Swanson. Deputy Public Works Director/City En~ineer
Signature: Date:
Attachments: Location Map, Typical Cross-Section, Engineer's Estimate
13
. 1&'023
4/15/93
PROJECT NO. 33
OT A Y LAKES ROAD
BOJ'l.'lTA ROAD INTERSECTION
Project Description:
Improve the intersection at Bonita Road arid Otay Lakes Road.
Improvements include widening the westbound approach of Bonita
Road to provide an additional1eft turn lane.
Cost Estimate:
$105,000
Project Location:
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.
OTAY LAKES ROAD
BOJ'l.TJTA ROAD INTERSECTION
COST ESTIMATE
Estimate
June 1992
1. Public Improvements $ 75,000
II. 15 % Contingency $ 11.300
Subtotal $ 86,300
III. 10% Design $ 8,600
IV. 10% Inspection and Administration 8.600
Subtotal $ 103,500
, V~ 2 % DIF Administration $ 1.700
TOTAL $ 105,200
USE ~ 105.000
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KY-179
IAPP.OS)
ST ATE USE ONLY
PROJECT NO.
APPLICATION FOR STATE-LOCAL TRANSP0RTATlONtARTNERSHIP PROGRAM FUNDS
.EX!:!llll:..A
(PAGE '1 OF 2)
Part I: Information and Certification
Pursuant to Calilomia Streets and Highways Code, Division 3, Chapter 16, Section 2600 et seq.,
application for State-Local Transportation Partnership Program Funds is hereby made by:
Applicant:
Address:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Contact Person:
Samir M. Nuhaily
Phone:
(619) 691-5173
,.
r.
Expenditure Authorization (EA):
State Administered Project 0 Yes [) No
Transit Project 0 Yes !K) No
Project Planning Number:
State Highway 0 Yes [) No
Staged Project 0 Yes [J No
Caltrans District:
State Route:
11
County:
San Diego
N/A
Post Mile Limits: N/A
to
N/A
Project Location / Limits: Bonita Road, between Otay Lakes Road and Central Avenue
Type 01 VVork: Widen Bonita Road to a four lane major street. Improvements include grading,
pavement, curb, sidewalk, drainage facilities. raised medians and street lights.
Source of Local Share Funds: Developer Impact Fees
Justification 01 Project: Existing road is inadequate to handle peak period traffic volumes.
This project will increase street capacity to acceptable levels of services.
Part II: Proiect Costs
. (A) Contract hems
(B) Less Ineligible amount (Contract hems)
$ 282,500
A
$(
o
) B
(C) Total Eligible Amount.. A. B
(0) Maximum Slate Share.. 0.5 X (C)
$ 282,500
$ 141,250
C
o
Ib...J};.l
4/15/93
fXl::ilID:U
(Page 2 of 2)
APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS
part III: Quarterly Expenditure Plan
SLTPP CYCLE NUMBER X= 5
Percent by Quarter of Total Eligible Local Agency Expenditures
(Do not adjust for early reimbursement procedures)
STATE F. Y.
. QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL
(JUL-SEPT) (OCT- DEC) (JAN-MAR) (APR-MAY)
1 99(X-1) / 199X = 1994/1995
199X / 199(X+1) = 1995/1996 100% . 100%
199(X+1) / 199(X+2) = 1996/199
199(X+2) / 199(X+3) = 1997/199
GRAND TOTAL: 100%
------------------------------------------------------------------------
------------------------------------------------------------------------
CERTIFICATION: To the best of my knowledge and belief, the data and information provided
in this application are true and correct, and I am authorized to file this application on behalf of
. the applicant. Applicant acknowledges that it understands, and can comply with the time limits
for award of contracts and expenditure of funds.
Name and title Mr. Clifford L. Swanson. Deputy Public Works Director/City Engineer
Signature: Date:
Attachments: Location Map, Typical Cross-Section, Engineer's Estimate
13
4/15/93
/b,;Jf
PROJECT NO. 11
BOI\'ITA ROAD
OTAY LAKES ROAD TO CENTRAL AVENUE
Project Description:
Widen Bonita Road from Otay Lakes Road to Central Avenue to
a four lane major street standard (80 feet curb to curb). Improve-
ments to include grading, pavement, drainage facilities, curb,
sidewalk, raised median, and street lighting.
Cost Estimate:
$370,000
Project Location:
ci
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BONITA ROAD
OTAY LAKES ROAD TO CENTRAL AVENUE
COST ESTIMATE
Estimate
June 1992
I. Public Improvements $ 282,500
II. 15 % Contingency 42.400
Subtotal $ 324,900
III. . 6 % Design 19,500
IV. 6 % Inspection & Administration 19.500
Subtotal $ 363,900
V. 2 % DlF Administration 6.500
TOTAL $ 370,400
USE ~ 370.000
1. This street portion is a cooperative effort with the County.
2. Cost estimate represents the City's share of the total cost for the project. The City's
share is 32% of the total length.
Ib--de)
T .nT~~R/BUXTONITRANSDIF .NAR
-48-
050793
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KY-179
.,
IAPP.OS)
STATE USE ONLY
PROJECT NO.
APPLICATION FOR STATE-LOCAL TRANSPGRTATION t ARTNERSHIP PROGRAM FUNDS
fX!:illill..A
(PAGE' OF 2)
Part I: Information and Certification
Pursuant to California Streets and Highways Code, Division 3, Chapter 16. Section 2600 et seq.,
application for State-Local Transportation Partnership Program Funds is hereby made by:
Applicant:
Address:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Contact Person:
Samir M. Nuhaily
Phone:
(619) 691-5173
,.
I.
Expenditure Authorization (EA):
State Administered Project 0 Yes [) No
Transit Project 0 Yes [l No
Project Planning Number:
State Highway 0 Yes [l No
Staged Project 0 Yes [) No
Caltrans District:
State Route:
11
County:
San Diego
N/A
Post Mile Limits: N/A
to
N/A
Project Location / Limits: East "H" Street, between Paseo Del Rey and Tierra Del Rey
TypeofVVork: Widen north side of street to provide right turn lanes. Improvements
include grading, pavement, curb, gutter and sidewalk.
Source of Local Share Funds: Developer Impact Fees
Justification of Project: Existing road is inadequate to handle peak period traffic volumes.
This project will increase street capacity to acceptable levels of services.
EXJ:illm.A
(Page 2 of 2)
APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS
part III: Quarterly Expenditure Plan
SL TPP CYCLE NUMBER X= 5
Percent by Quarter of Total Eligible Local Agency Expenditures
(Do not adjust for early reimbursement procedures)
,.
'.
STATE F. Y.
QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL
(JUL-SEPT) (OCT- DEC) (JAN-MAR) (APR-MAY)
199(X-1) 1199X = 1994/1995 100% 100%
199X 1199(X+1) = 1995/1996 .
199(X+1) / 199(X+2) = 1996/199
199(X+2) / 199(X+3)= 1997/199
GRAND TOT AL:100%
---------------------------------------------------- --------------
-~----------------------------------------------------------------------
CERTIFICATION: To the best of my knowledge and belief, the data and information provided
in this application are true and correct, and I am authorized to file this application on behalf of
the applicant. Applicant acknowledges that it understands, and can comply with the time limits
for award of contracts and expenditure of funds.
Name and title Mr. Clifford L. Swanson, Deputy Public Works Director/City Engineer
Signature,: Date:
Attachments: Location Map, Typical Cross-Section, Engineer's Estimate
13
/b-33
4/15/93
PROJECT NO. 38
EAST "H" STREET
PASEO DEL REY TO TIERRA DEL REY
Project Description:
Widen East "H" Street from Paseo Del Rey to Teirra del Rey to
provide operational improvements at Paseo Del Rey and A vila Way
intersections. Improvements to include grading, pavement, curb
and gutter, and sidewalk. Project includes:
Construction of right turn lanes on north side of East "H"
Street
Construction of right turn lane to Paseo Del Rey on south
side of East "H" Street
Widening of East "H" Street from Paseo del Rey to Tierra
Del Rey intersection
Project Location:
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Cost Estimate:
$682,000
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EAST "R" STREET
PASEO DEL REY TO TIERRA DEL REY
COST ESTIMATE
Estimate
June 1992
I. Public Improvements $ 520,000
II. 15 % Contingency $ 78.000
Subtotal $ 598,000
III. 6% Design $ 35,900
IV. 6% Inspection and Administration 35.900
Subtotal $ 669,800
V. 2 % DIF Administration $ 12.000
TOTAL $ 681,800
USE ~ 682.000
"
1) Cost estimate is from Rancho Del Rey Partnership.
/6-~
1 T\T.~nrR.TrvT()N!TllANSnTF_NAR
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May 28, 1993
, KY-179
, AX-l25
ST-151
(APP.OS)
STATE USE ONLY
PROJECT NO.
APPLICATION FOR STATE-LOCAL TRANSPORTATIONtARTNERSHIP PROGRAM FUNDS
~XHleJLA
(PAGE 1 OF 2)
.f
Part I: Information and Certification
Pursuant to California Streets and Highways Code, Division 3, Chapter 16, Section 2600 et seq'f
application for State-Local Transportation Partnership Program Funds is hereby made by:
Applicant:
Address:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Contact Person:
Samir M. Nuhaily
Phone:
(619) 691-5173
,
t.
Expenditure Authorization (EA):
State Administered Project 0 Yes [) No
Transit Project 0 Yes lli) No
Project Planning Number:
State Highway 0 Yes [) No
Staged Project 0 Yes [) No
Caltrans District:
State Route:
11
County:
San Diego
N/A
Post Mile Limits: N/A
to
N/A
Project Location / Limits: Southeast corner of Fourth and Orange Avenues (4';0 feet ~lnn\.'
Fourth Avenue and 750 feet along Orange Avenue).
Type of Work: Widening and installation of street improvements along Orange and FOllrth
Avenues, including curb, gutter, sidewalk, A.C. pavement and raised median.
Source of Local Share Funds: Transnet
Justification of Project: This location is th~ future sitp. of ,q TlPW 1ih,..,q,..y 'T'h;c;: pT''''jt:.....~
will increase the street capacity to acceotable levels of service and nrnvinp ~,qfp
facilities for the expected increase in vehicular and pedestrian traffic.
Part II: Proiect Costs.
. (A) Contract hems
(6) Less Ineligible amount (Contract hems)
$ 338,200
$(
A
) B
$ 169,100
C
o
(C) Total EligibleAmount .. A . B
(0) Maximum State Share.. 0:5 X (C)
$ 338,200
12
It:, -37
4/15/93
fX!:f..laILA
(Page 2 of 2)
APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS
part III: Quarterly Exoenditure Plan
SLTPP CYCLE NUMBER X= 5
Percent by Quarter of Total Eligible Local Agency Expenditures
(Do not adjust for early reimbursement procedures)
,
,.
STATE F. Y.
QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL
(JUL-SEPT) (OCT.DEC) (JAN-MAR) (APR-MAY)
199(X-1) /199X - 1994/1995 100% 100%
199X / 199(X+1) = 1995/1996 .
199(X+1) /199(X+2)- 1996/199
199(X+2) /199(X+3) = 1997/199
GRAND TOTAL: 100%
==========~=====================
- ---------------------------------
-----------------------------------
CERTIFICATION: To the best of my knowledge and belief, the data and information provided
in this application are true and correct, and I am authorized to file this application on behalf of
the applicant. Applicant acknowledges that it understands, and can comply with the time limits
for award of contracts and expenditure of funds,
Name and title Mr. Clifford L. Swanson, Deputy Public Works Director/City Engineer
Signature:
Date:
Attachments: Location Map, Typical Cross-Section, Engineer's Estimate
13
/t,-3?
4/15/93
-.
CITYOFCHULA VISTA
ENGINEERiNG DIVISION
COST ESTIMATE
PROJECT TITLE: Widening and Installation of Street
Improvements at the Southeast Corner
of Orange Avenue and Fourth Avenue
along Future Library Frontage
DATE:
PREPARED BY ,
06/04/93
AC
NO. ITEM QUANlTIY UNIT UNIT PRICE AMOUNT
1 Removal & Disposal of Exist. Improvements is is $20,000.00 $20,000
2 Excavation and Grading is is 30,000.00 30,000
3 Asphalt Concrete Pavement 1,480 TN 32.00 47,360
4 Crushed Aggregate Base 3,050 TN . 19.00 57,950
5 Lime Treated Subbase 920 CY 0.50 460
6 1" Cold Planting 7,280 SF 0.50 3,640
7 6" Mod. Type B-2 Curb & Gutter 390 LF 10.00 3,900
8 6" Type B-1 Curb 1,815 LF . 7.50 13,613
9 Monolithic Curb, Gutter and Sidewalk 930 LF 25.00 23,250
10 6" AC Berm 40 LF 3.50 140
11 10" Thick PCC Bust Stop Slap 1,385 SF 4.50 6,233
12 6" PCC Alley type Driveway Approach 1,495 SF 3.50 5,233
13 4" PCC Sidewalk Ramp 7 EA 350.00 2,450
14 6" Sewer Pipe 80 LF 35.00 2,800
15 Sewer Manhole 1 EA 3,000.00 3,000
16 Sewer Cleanout 1 EA 1,000.00 1,000
17 Adjustment of Existing Manholes to Grade .2 EA 350.00 700
18 Adjustment of Exist. Well Monument to Grade 1 EA 300.00 300
19 Survey Monuments 1 EA 350.00 350
20 Construction Surveying . is is 7,500.00 7,500
21 Pavement Striping & Raised Pavement Markers is is 14,350.00 14,350
22 Sign Relocation is is 1,000.00 1,000
,23 Traffic Signal Mod. & St. Light Installation at is is 56,670.00 56,670
Fourth Avenue and Orange Avenue
24 Traffic Control is is 10,000.00 10,000
25 I Exposed Aggregate Decorative Cone. Slabwork 5,060 SF 5.00 25,300
26 Landscape Preparation is is 1,000.00 1,000
TOTAL . . $338,198
SAY ;i:::$.~$$i~!JU
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KY-179
ST-312
(APP.OS)
STATE USE ONLY
PROJECT NO.
APPLICATION FOR STATE-LOCAL TRANSPORTATIONtARTNERSHIP PROGRAM FUNDS
.EXHIBIT A
(PAGE' OF 2)
May 28, 1993
Part I: Information and Certification
Pursuant to California Streets and Highways Code, Division 3, Chapter 16, Section 2600 et seq.,
application for State-Local Transportation Partnership Program Funds is hereby made by:
Applicant:
Address:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Contact Person:
Samir M. Nuhaily
Phone:
(619) 691-5173
,
I.
Expenditure Authorization (EA):
State Administered Project 0 Yes [) No
Transit Project 0 Yes IE) No
Project Planning Number:
State Highway 0 Yes [l No
Staged Project 0 Yes Iii] No
Caltrans District:
State Route:
11
County:
San Diego
N/A
Post Mile Limits: N/ A
to
N/A
Project Location / Limits: North side of Bonita Road between the northbound 1-80<; on-rmnv
and Plaza Bonita Road.
TypeofVVork: Widening and installation of additional lane on Bonita Road. The vroiect
will provide for installation of street improvements includinQ. hut not 1 ;m; tpn TO A .,r.
pavement, curb gutter and sidewalk.
Source of Local Share Funds: Develover Imnact FpPR !nTF)
Justification of Project: This project will provide a much needed free.right-turn lane onto
the freeway adding to the capacity of the ramp intersection and imnrovine over~ll
circulation a
12
/b-'"Vd-
4/15/93
.EXHIBII.A
(Page 2 of 2) .
APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS
part III: Quarterly Expenditure Plan
SL TPP CYCLE NUMBER X= 5
Percent by Quarter of Total Eligible Local Agency Expenditures
(Do not adjust for early reimbursement procedures)
,
I
STATE F. y,
QUARTER 1 QUARTER 2 QUARTER 3 QUARTER 4 TOTAL
(JUL-SEPT) (OCT- DEC) (JAN-MAR) (APR-MAY)
199(X-1)/199X= 1994/1995 100% 100%
199X / 199(X+1) = 1995/1996
,
199(X+ 1) / 199(X+2) = 1996/199
199(X+2) / 199(X+3) = 1997/199
.
GRAND TOTAL: 100%
------------------------------------------------------------------------
------------------------------------------------------------------------
CERTIFICATION: To the best of my knowledge and belief, the data and information provided
in this application are true and correct. and I am authorized to file this application on behalf of
the applicant. Applicant acknowledges that it understands. and can comply with the time limits
for award of contracts and expenditure of funds.
Name and title Mr. Clifford L. Swanson, Deputy Public Works Director/City Engineer
Signature: Date:
Attachments: Location Map. Typical Cross-Section. Engineer's Estimate
13
/ b-fl3
4/15/93
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CITY OF CHULA VISTA
ENGINEERING DIVISION
COST ESTIMATE
PROJECT TITLE: Installation of Right Turn Lane on West
Bound Side of Bonita Road Immediately
East of I - 805
pATE :
PREPARED BY :
CHECKED BY :
06/04/93
MJI
SMN
NO. ITEM QUANTITY UNIT UNIT PRICE AMOUNf
1 Removal of Exist. Street Imorovements LS LS $10,000.00 $10,000
2 AC Pavement 9,240 SF 2.00 18,480
3 Base Material 9,240 SF 1.50 13,860
4 Installation of PCC Curb, Gutter, & Sidewalk 670 LF 25.00 16,750
5 Remove Metal Beam Guardrail 50 LF 15.00 750
6 Install Metal Beam Guardrail 50 LF 34.00 1,700
7 Relocate Traffic Si~nal Standards 2 EA 2,500.00 5,000
8 Remove Head Wall LS LS 10,000.00 10,000
9 Remove Rio - Rao LS LS 10,000.00 10,000
10 Remove & Recomnact Sub~rade . 300 CY 5.00 1,500
11 Box Culvert 7 Barrel 6 X 5 70 CY 940.00 65,800
12 Install Head Wall 25 CY 580.00 14,500
13 Relocate Pull' Boxes & Traffic Si~. Conduit I LS 3,000.00 3,000
14 Traffic Si~nal Looos 12 EA 300.00 3,600
15 Traffic Control LS LS 5,000.00 5,000
16 Landscaoing, Erosion Control & Irrigation LS LS 5,000.00 5,000
17 Construction Survevin g LS LS 15,000.00 15,000
.
TOTAL $199,940
SAY :;;;'.$ltllPiPPP
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KY-179
;:
fX!::l.liilI..A
(PAGE 1 OF 2)
IAPP.OS)
ST ATE USE ONLY.
PROJECT NO.
APPLICATION FOR STATE-LOCAL TRANSPORTATION t ARTNERSHIP PROGRAM FUNDS
Part I: Information and Certification
Pursuant to California Streets and Highways Code, Division 3, Chapter 16. Section 2600 etseq.,
application for State-Local Transportation Partnership Program Funds is hereby made by:
Applicant:
Address:
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA' 91910
Contact Person:
Samir M. Nuhaily
Phone:
(619) 691-5173
Expenditure Authorization (EA):
State Administered Project 0 Yes[) No
Transit Project 0 Yes [l No
Project Planning Number:
State Highway 0 Yes ID No
Staged Project 0 Yes [) No
Caltrans District:
State Route:
11
County:
San Diego
N/A
Post Mile Limits: N/A
to
N/A
Project Location / Limits: Otay Valley Road - Phase III Imnrovements - from ~nnrn"im~tPly
50 feet north of the Dtay River bridge to ,the northerly limits of Otav Ri 0 SlInnivi~; nn.
TypeofVVork: Widenin~ and reconstruction of existine two lane road. Imnrovement~
include grading, paving and installation of street liehts.
Source of Local Share Funds: Transnet
Justification of Project: Existing road is in"adequate to handle peak period traffic volume~.
This project will increase street capacity to acceptable levels of services.
.part [I: ErQIect Costs
. (A) Conlraclltems $ 122,400 A
(8) Less Ineligible amount (Conlraclltems) $( 0 ) B
(C) Total Eligible Amount. A. B $ 122.400 C
(0) Maximum State Share. 0.5 X (C) $ 61.200 0
12 /t~Y7 4/15/93
fX!:I.rnJI.A
(Page 2 of 2)
APPLICATION FOR STATE-LOCAL TRANSPORTATION PARTNERSHIP PROGRAM FUNDS
Part III: Quarterly Expenditure Plan
SL TPP CYCLE NUMBER X= 5
Percent by Quarter of Total Eligible Local Agency Expenditures
(Do not adjust for early reimbursement procedures)
STATE F. Y.
QUARTER 1 QUARTER 2 QlJARTER 3 QUARTER 4 TOTAL
(JUL-SEPT) (OCT- DEC) (JAN-MAR) (APR-MAY)
199(X-1) / 199X = 1994/1995 100% 100%
199X / 199(X+1) = 1995/1996
199(X+l) / 199(X+2) = 1996/199
199(X+2) / 199(X+3) = 1997/199
GRAND TOTAL: 100%
------------------------------------------------------------------------
-------------------------------- -----------------------------------
CERTIFICATION: To the best of my knowledge and belief, the data and information provided
in this application are true and correct, and I am authorized to file this application on behalf of
the applicant. Applicant acknowledges that it understands, and can comply with the time limits
for award of contracts and expenditure of funds.
Name and title Mr. Clifford L. Swanson, Deputy Public Works Director/City Engineer
Signature: Date:
Attachments: Location Map, Typical Cross-Section, Engineer's Estimate
13
(6 - 1ft'
4/15/93
CITYOFCHULA VISTA
ENGINEERING DIVISION
COST ESTIMATE
PROJECT TITLE: Widening and Reconstruction of
Otay Valley Road, Phase "'
DATE:
PREPARED BY :
CHECKED BY ;
06/04/93
MJI
SMN
NO. ITEM QUANTITY UNIT UNIT PRICE AMOUNT
1 Removal & Disnosal of Exist. Street Imnrave; LS LS $15,000.00 $15,000
2 Excavation and Gradin~ LS LS 12,000.00 12,000
3 Imoort 1,000 CY 4.50 4,500
4 Removal & Recomoact of Alluvium & other Soils LS LS 8,000.00 8,000
5 6" Asnhalt Concrete Pavement 885 TN 30.00 26,550
6 8" A~~re~ate Base 913 TN 11.00 10,043
7 11" Select Subbase 1,140 TN 9.00 10,260
8 Chain Link Fence(Relocate) 100 LF 8.00 800
9 Reset Existin~ Well Monument 1 EA 200.00 200
10 Traffic Contral LS LS 10,000.00 10,000
11 Landscaoin~, Erasion Contral & Irri~ation LS LS 6,000.00 6,000
12 Street Lights LS LS 5,000.00 5,000
13 Construction Survevin~ LS LS 10,000.00 10,000
14 Pavement Strioin~ & Markin~ (Reflectors) LS LS 1,000.00 1,000
15 Si~na~e 2 EA . 100.00 200
16 Barb Wire 475 LF 6.00 2,850
. .
TOTAL $122,403
SAY ::I$l~!mQt
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PROJECT LOCATION: ~~~~~~~~~~
DRAWN BY: K.P.A
DATE: , 4/12/93
OTAY VALLEY ROAD
STREET WIDENING PROJECT
PHASE III
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
Recently, the City has been requiring the recordation of Subdivision Improvement Agreements
in conjunction with Final Maps. As a result, said agreements are now being listed in title reports.
The approval of this resolution will provide a mechanism for the release of Subdivision
Improvement Agreements when fulfilled or superseded by a new agreement.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
Subdivision improvement agreements are approved by Council concurrently with Final Maps.
Although Final Maps have always been recorded, the associated improvement agreements have
not. Recently the City has begun recording Subdivision Improvement Agreyments to ensure a
full public disclosure of the financial/legal obligations on the property. With the recording of
the agreements, the documents are being listed on Title Reports as an encumbrance~ There is a
need to release the agreement in three circumstances:
1. When all improvements have been accepted by Council and the one year
maintenance has elapsed and the improvements are accepted into
maintenance by the City; and
2. When a new developer replaces the existing bonds and agreements with
new ones; and
3. When a property is resubdivided requmng a new set of bonds and
agreements (i.e. Rancho del Rey Power Center).
The Municipal Code does not address this issue, therefore, staff is requesting that the City
Engineer be authorized to execute documents releasing the subdivision improvement agreements
associated with approved final" maps.
FISCAL IMPACT: None.
WPC F:\HOME'ENGINEER\AGENDA\967.93
"/7-/
RESOLUTION NO. /7 J..5r
RESOLUTION OF THE CITY COUNCIL OF THE .CITY OF
CHULA VISTA AUTHORIZING CITY ENGINEER TO
EXECUTE DOCUMENTS WHICH RELEASE SUBDIVISION
IMPROVEMENT AGREEMENTS AND TO HAVE SAID
RELEASES RECORDED
WHEREAS, the city has been requiring the recordation of
Subdivision Improvement Agreements in conjunction with Final Maps
and as a result, said agreements are now being listed in title
reports; and
WHEREAS, the approval of this resolution will provide a
mechanism for the release of Subdivision Improvement Agreements
when fulfilled or superseded by a new agreement; and
WHEREAS, the Municipal Code does not address this issue,
therefore, staff is requesting that the City Engineer be authorized
to execute documents releasing the subdivision improvement
agreements associated with approved final maps.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby authorize the city Engineer to
execute documents which release Subdivision Improvement Agreement
as encumbrances of record in title reports and to have said
releases recorded in the following circumstances:
1. When all improvements have been accepted by Council and
the one year maintenance has elapsed and the improvements
are accepted into maintenance by the City; and
2. When a new developer' replaces the existing bonds
and agreements with new recorded agreement and new
bonds; and
3. When a property is resubdivided requiring a new set
of bonds and new recorded agreements (e.g. Rancho
del Rey Power Center).
4. When the City Attorney and City Engineer c ncur other
security is adequate.
"Or
Presented by
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
F:\home\attomey\967.93
J7~).
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item Ie
Meeting Date 6/22/93
Resolution 11.1 S'.5 Authorizing the expenditure of utility allocation
,funds to subsidize private service lateral conversions serving non-single family.
residential properties within the "F" Street Utility UndergrotindiIlg District
between Church Avenue and Second Avenue
SUBMITTED BY: Director of Public Works (fIt/
REVIEWED BY: City M~nager.J~ ~ tJf1.,
(4/5ths Vote: Yes_No X)
On December 15, 1992, the City Council approved Resolution'16934 amending City Council Policy
Number 585-1 by expanding the use of SDG&E utility funds to reimburse all properties for the .cost of
undergrouhding of private' service laterals. Prior to the amendment, the policy allowed reimbursement
to single family residential properties only. Said resolution indicated that the policy amendment is
applicable to all future districts and to all the utility undergrounding districts that were formed in
calendar year 1992. One of the districts that were formed in calendar year 1992 .is Utility
Undergrounding District #121 on F Street, . Church Avenue to Second Avenue.
Approval of this resolution will allow the City to reimburse all the remaining properties within this
district. '
RECOMMENDATION: That Council approve the resolution as stated above.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
There are 12 non-single family residential properties within the "F" Street utility undergrounding
district. This resolution will approve a total reimbursement of $9,600 for said 12 properties. The
property owners are required to cause the private conversion work to be done. SDG&E will contribute
. $30 per' linear foot for the trenching and backfill cost on each eligible property. This amount should
. cover all the trenching costs as well as other conversion costs to the meter box.
Mr. Mark Stender (263 "F"'Street) asked staff to re-examine his reimbursement amount indicating that
it is insufficient. On June 8, SDG&E and City staff re-checked his property during a field meeting and
concluded that the reimbursement is adequate. Following said meeting,City staff contacted Mr. Stender "
who appeared to be, satisfied with the explanation.
, Staff has discovered an inconsistency in the' policy which could create inequities with some of the
property owners. That situation is when a property already has its electrical service undergrounded but
telephone and cable TV may not be underground, SDG&E will not reimburse the property owner under .
these circumstances . since they will be doing no work on their property. The cable TV and telephone
companies do provide wires on private property, but they do not pay for trenching and conduit. Thus,
if a property owner needs electrical work on their property, all costs' may be covered, but ,if no
".
\~- \
Page 2, Item 1'0
Meeting Date 6/22/93
electrical work is required, no trenching costs will be covered. The "F" Street District has one property
owner who will not get reimbursed.
Dr. Robert Shechet (239 "F" Street) will not be receiving any reimbursement since his property is
receiving only telephone service from overhead lines, all the electric lines already being underground.
Dr. Shechet contacted City staff about this situation. SDG&E and City staff informed Dr. Shechet that
20-A allocation funds cannot be used to finance private conversion unless electric lines were part of the
conversion. His cost is estimated to be approximately $300.
The only way to reimburse Dr. Shechet would be for the City (with General Funds) or the telephone
company to pay him. Staff, at this time, is not ready to commit City funds, since there are as many
as 30 properties in other districts that have similar circumstances.
Undergrounding Districts now in progress will have similar situations. Staff will meet with the
telephone and cable companies, and the approximately 30 affected property owners to resolve this issue.
If assistance is provided, then we will reimburse Dr. Shechet at a later date. It is unlikely that the
telephone company will provide assistance since that would involve a state-wide policy change ~n their
part.
Exhibit A shows a listing of all the property owners that will receive reimbursement.. Exhibit B is a
plat delineating the district boundary.
FISCAL IMPACT: The cost to subsidize 12 non-single family residential properties within the "F"
Street utility undergrounding district is $9,600. SDG&E's allocated funds (Rule 20-A) will be used to
cover this reimbursement amount.
SMN:File No. KY-078
WPC F:\home\engineer\agenda\servlat.uu
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RESOLUTION NO. 16934
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
, VISTA AMENDING COUNCIL POLICY NO. 585-1 BY EXPANDING THE
USE OF UTILITY FUNDS TO REIMBURSE ALL PROPERTIES FOR THE
COST OF UNDERGROUNDING OF PRIVATE SERVICE LATERALS
WHEREAS, Council Policy No. 585-1, 'adopted by Resolution 11977 on Apri12,
1985, addresses the use of utility allocation funds for the underground
conversions of private service laterals; and,
WHEREAS; the current Council Pol i cy limits funding to si ng1 e family
residential properties; and, '
WHEREAS, in response to the complaints of condominium owners, the Council
has' directed staff to amend Council Policy 585-1, to examine the possibility of.
us i ngut; J i ty funds to reimburse all properties for the underground conversion
of private service laterals; and, . ,
WHEREAS, approval oft~e subject amendment toCounci1 Policy No. 585-1 will
a 11 ow the Ci ty to rei mburse a 1'1 propert i es for the cost of' pri vate
undergrounding; and,
WHEREAS, the City I S Underground Utili ty Advi sory Commi ttee (UUAC) has
reviewed the ,draft policy revision and recommends its approval by the 'City
Council.' ,
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a
. Vista does hereby amend, Council Policy No. 585-1 by expanding the use of utility
funds to reimburse all properties for the cost of undergrounding of private
service laterals as set forth in Exhibit -A", attached hereto and incorporated
herein by reference as if set forth in full. '
./) , ,
Presentedb'
y
i:tf
. I~
.' , . '/A
J hn P. Lippitt ' .
rector of Pub11c Works
18"~
RESOLUTION No.J..l1 C;S
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE EXPENDITURE OF
UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE
SERVICE LATERAL CONVERSIONS SERVING NON-SINGLE
FAMILY RESIDENTIAL" PROPERTIES WITHIN THE F
STREET UTILITY UNDERGROUNDING DISTRICT BETWEEN
CHURCH AVENUE AND SECOND AVENUE
WHEREAS, on December 15, 1992, the City Council approved
Resolution 16934 amending city council Policy Number 585-1 by
expanding the use of utility funds to reimburse all properties for
the cost of undergrounding of private service laterals; and
WHEREAS, prior to the amendment, the policy allowed
reimbursement to single family residential properties only; and
.
WHEREAS, said resolution indicated that the policy
amendment is applicable to all future districts and to all the
utility undergrounding districts that were formed in calendar year
1992; and
WHEREAS, one of the districts that were formed in
calendar year 1992 is utility Undergrounding District #121 on F
Street, Church Avenue to Second Avenue; and
WHEREAS, approval of this resolution will allow the City
. to reimburse all the remaining"properties within this district.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby authorize the expenditure of
utility allocation funds to subsidize" private service lateral
conversions serving non-single family residential properties within
the F Street utility Undergrounding District between Church Avenue
and Second Avenue.
Presented by
C ty
John P. Lippitt, Director of
Public Works
I
F:\home\atlomey\servlat.uu
18,5
Resolution No. 16934
Page .2
EXHIBIT "A"
.
COUNaL POUCY
ClY OF aruu. VISTA
'SUBJECI": .
USE OF lTI1UTY FUNDS FOR
UNDERGROUND CONVERSION OF PRNATE
SERVlCE LATERALS
POUCY
NUMBER
585-01
EFFECI'IVE
DATE
12-15-92
PAGE
1 OF 2
.
ADOP'I'ED BY: Resolution No. 16934
..
I DATED:
12-15-92
BACKGROUND
.In 1982. the California Public Utilities Commission (CPUC) by Decision 82-01-18 gave the authority to the
local agencies to request electric utilities to expand allocation funds for the ,conversion of electric lateral
services for each customer in utility allocation funded undergrounding districts. On October 18. 1983. Pacific
. Telephone (now Pacific Bell) filed a change in tariff with the CPUC so that communications utilities would
'also be in conformance with Decision 82-01-18. Cox Cable 1V. is. not governed by the CPUC. but chooses to
cooperate with the program by providing conduit and service wires up to l(XHeet in length at no cost to the
single family residence,
Decision' 82-01-18 provides the ;mechanism to reduce the property owner's cost for'the conversion from the
distribution line to the residence. This cost depends on the distance nom the 'property line to the point of
connection with the customer's wiring and varies from customer to customer. .
The .CPUC decision permits the use of utility funds to provide up to 100 feet of the property owner's service'
lateral (trenching and conduit). The net result is a reduction is cost that Will benefit the individual property
owner. Under the City Code it is the property owner's responsibility to provide and maintain the underground
supporting strUcture needed on the property.
PURPOSE
To establish a policy,for the use of utility funds for conversion of .the customer's service laterals to encourage
property owner acceptance. for desirable conversion district projects. .
POUCY
The City Council establishes the following policy. for the use of utility funds for underground conversion of
private service laterals:
1.
General Provisions
A Funding shall be limited to facilities which customer traditionally supplies/installs - trenching
and conduit from property line to point of connection.
B.
Funding ;hall not exceed the estimated cost. of trenching and cOnduit'installation for up to
'100 feet of the private service lateral.. .
.
"
)k~1&>
Resolution No. 16934
Page 3
COUNaLPOUCY
ClY OF CHULA V1SfA
SUBJECT:
USE OF unurr FUNDS FOR POUCY. EPFECIlVE
UNDERGROUND CONVERSION OF PRIVATE NUMBER DATI:: PAGE
SERVICE LATERALS .
. 585.01 12.15-92 2 OF 2
Resolution 'No. 16934 I DATED: 12.15-92
ADOPTED BY:
2. Imolementation Procedures
.
a. The use of utiliiy funds to convert private servicelateraJs shall be recommended by the City's
Utiliiy Undergroimding Advisoiy Committee (UUAC). .
b. UUAC members shall determine the length of lateral (trenching and conduit) that is (1)
eligible for utiliiy funding for each property within the conversion district and (2) the length
of conduit and wire that the appropriate cable company will provide free of charge to each
residential property. .
c. UUAC members shall agree on a 'reasonable' cost per linear foot of lateral conversion.
d. UUAC utiliiy member representatives shall agree on the proportional split each utiliiy is to
. bear for conversion of the service laterals.
e. All owners . within the conversion district shall be informed of the utiliiy fund amount
proposed to be reimbursed prior to the public hearing on the conversion district formation.
f. Council shall set the limit for each amount of reimbursement to be applied to each service
lateral by resolution. The amounts shall be those recommended by the UUAC or as amended
by Council pursuant to public hearing deliberations. .
g. Utiliiy companies shall pay Ciiy the total proportional shares specified in 'E" above when:
(1) all the customers have satisfactorily completed their service lateral conversion, and
(2) the eJectrii: metering equipment 'has passed a Ciiy inspection certifying it ready to
receive underground service.
h. The Ciiy shall then pay the amouni of reimbursement due each owner after receipt of funds
from the utiliiy companies.
NOTJ::S:
,
The service lateral shall be defined as: trench, backfill, and any necessary conduit
from the customer's property line to the underground sweep at the base of the
customer's termination faciliiy. In those cases where the service conduit enters the
customer's building, the service lateral will terminate at the point where the conduit
enters the building.
(2) For the purpose of this policy utiliiy is defined as any company providing electric,
telephone communications, cable television and data transmission services.
(1)
18--1
Resolution No. 16934
Page 4
PASSED, APPROVED and ADOPTED by the City Council of the City of' Chula Vista,
California, this 15th day of December, 1992, by the following vote:
YES: Counci lmembers: Fox, Horton, Moore
NOES: Council members : None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Rindone,Nader
, ,Ij v. ~ -1' /,
L!!:t1f///- --- ~ ~'Y?
Shi ~Xey Horton
, Mayor,' Pro-Tempore
ATTEST:
CO
City Clerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss,
CITY OF CHULA VISTA )
I, Beverly'A. Authelet, City Clerk of the City of Chula Vista, California, do hereby
certify that the foregoing Resolution No., 16934 was duly passed, approved, and adopted
by the City Council held' on the 15th day of December, 1992.
Executed this 15th day of December, 1992.
City Clerk
/s-.g-
COUNCIL AGENDA STATEMENT
Item I?
Meeting Date 6/22/93
ITEM TITLE: Report on administrative procedures for implementation of the California
Gnatcatcher listing as a threatened species
'/If' 1
SUBMITTED BY: Director of Planning ~t1, ./
REVIEWED BY: City ManagerJ~ ~ ~ (4/Sths Vote: Yes_NoX)
The listing of the California gnatcatcher as a "threatened" species by the U.S. Fish and Wildlife
Service has had a direct effect on the review and approval of development projects which have
an impact on gnatcatchers or coastal sage scrub habitat. City staff has prepared administrative.
procedures, which are described in the following report, which are intended to ensure that the
City's development review process is properly coordinated with Federal regulatory procedures
relative to the gnatcatcher listing.
RECOMMENDATION: That Council accept this report.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
.
Background
On March 25, 1993, the California gnatcatcher (gnatcatcher) was listed as a "threatened" species
under the Federal Endangered Species Act of 1973. This listing was immediately effective and
precludes take of the gnatcatcher or occupied coastal sage scrub (CSS) habitat unless the
proposal has been approved by the U. S. Fish and Wildlife Service (USF&WS). All land
development projects affecting CSS are impacted, including those that have been approved but
have not been constructed, as well as those permit applications currently in process.
The Endangered Species Act (Act) provides for a special Rule under Section 4(d) in those cases
where the status is identified as threatened. In the case of the gnatcatcher, the Service is
proposing a special Section 4(d) Rule that would define the conditions under which take of CSS
would be allowed. The Service has further tied this special Rule to the State's Natural
Community Conservation Planning (NCCP) process.
In order for development that could potentially impact the gnatcatcher to proceed, the Service
is requesting that the interim goals of the draft NCCP Guidelines be addressed as specified by
the Section 4(d) Rule listing language provided by the Service. These draft goals include
minimizing short-term loss until a long-term enhancement program is formulated. This could
be accomplished by limiting the total interim loss to 5 percent of CSS habitat with appropriate
mitigation in any subregion, and to the degree possible, limiting this loss to areas with lower
J9'1
Page 2, Item ~
Meeting Date 6/22/93
populations of species of concern. Although the subareas are yet to be defined, the State of
California Resources Agency will work with local governments to define these areas in the near
future. Other draft goals include protecting areas of higher long-term reserve value and
corresponding landscape linkages until a subregional plan can be put in place, steering
development pressure toward areas that have low long-term conservation value, and ensuring that
all habitat loss is adequately mitigated through the replacement of the habitat lost by enhancing
and restoring additional CSS.
The listing of the gnatcatcher results in three time periods that differ with respect to obtaining
approval from the USF&WS for take of the gnatcatcher or CSS. These three periods are:
Phase 1:
the time period occurring prior to issuance of the Section 4(d) Rule;
Phase 2:
the time period occurring between issuance of the Section 4(d) Rule but prior to
approval of an NCCP; and
Phase 3:
the time period following completion and approval of an NCCP.
/
The attached administrative guidelines are intended to address procedures for implementation of
the gnatcatcher listing during Phase I as referenced above. They were developed by the
Planning Department in consultation with the City Attorney's office, Engineering Division,
Community Development Department, and Building and Housing Department. They are
intended to ensure that local land use and development regulations are coordinated with federal
regulations pertinent to the listing, and that local project applicants are made aware of federal
requirements at the earliest possible stage of the development review process. The procedures
are similar in scope to those being implemented by the County of San Diego and City of San
Diego, which have been endo!sed by the U.S. Fish and Wildlife Service.
An earlier draft of the proposed guidelines was sent to the affected resource agencies,
Construction Industry Federation, Alliance for Habitat Conservation, and Endangered Habitats
League for review and comment. The Construction Industry Federation provided comments
regarding the section on "Discretionary Actions or Permits." (see attached letter) In response
to those comments, staff is recommending revisions to that section of the guidelines, as discussed
below. No other comments were received on the draft guidelines.
Summarv of Procedures
Building Permits
Staff will assist project applicants in determining whether a proposed project could have an effect
on gnatcatchers or coastal sage scrub. Applicants for projects which could have an impact will
be requested to sign a disclosure form and indemnification agreement acknowledging that they
have been informed of the gnatcatcher listing, and that they hold the City harmless from any
liability associated with development undertaken by the developer in violation of federal or state
19..2
Page 3, Item ~
Meeting Date 6/22/93
law. Language will also be attached to the permit clarifying that the City's permit does not
supersede any other Federal, state, or city laws.
Grading Permits
Grading permits for projects associated with tentative maps or parcel maps approved prior to the
listing of the gnatcatcher will be issued, with the applicant being notified of the gnatcatcher
listing and being required to sign the disclosure form. For projects approved after March 25,
1993, the applicant will be required to meet all requirements associated with "discretionary
actions or permits" below. Similarly, any "stand-alone" grading permits not associated with a
previously approved tentative map will be evaluated as "discretionary actions or permits."
Discretionary Actions or Permits
All discretionary permits or actions which may affect gnatcatchers or coastal sage scrub will be
reviewed in accordance with the City's Environmental Review Procedures and any other interim
. development review procedures which may be established by the Federal or State agencies which
are applicable. In addition, staff had originally recommended that, under certain circumstances,
a specific condition would be applied to a permit or approval which would require the applicant
to obtain federal permits prior to final City approval. The Construction Industry Federation
raised a concern that such a condition, if applied in all cases, could create problems in financing
projects.
In response to this concern, staff is proposing a revised procedure which would, at a minimum,
require the applicant to sign the ESA disclosure form and indemnity agreement, and would also
require the applicant to comply with all environmental mitigation measures related to impacts
on the gnatcatcher and CSS. We feel that this approach will ensure that all issues of concern
to the City regarding environmental mitigation are adequately addressed, in accordance with the
California Environmental Quality Act, while providing greater flexibility to applicants. We have
also noted that any conditions which are applied to discretionary projects would be subject to
final approval by the City Council (either as part of an action requiring Council approval, or on
appeal of an action by the Zoning Administrator or Planning Commission.) It is our
understanding that the Construction Industry Federation agrees with these proposed changes.
FISCAL IMPACT:
The implementation of the procedures outlined above will result in administrative costs which
will be borne by the development service departments involved in the various permit processes
described above. To the extent feasible, these costs will be recovered through related processing
fees and charges.
(gnatctch.Al13)
)9-3 jlq'i
\ lo \
CITY OF CHULA VISTA
ADMINISTRATIVE
PROCEDURES FOR IMPLEMENTATION
OF THE CALIFORNIA GNATCATCHER LISTING
AS A THREATENED SPECIES
May 19, 1993
Revised: June 22, 1993
The following information and procedures are provided in response to the listing of the
California Gnatcatcher as a Threatened Species. Copies of these procedures will be made
available at all counters serving the public.
BACKGROUND
On March 25, 1993, the California Gnatcatcher was listed by the U. S. Secretary of the Interior
as "threatened" under the Federal Endangered Species Act. This listing was effective
immediately.
Until an interim conservation process is adopted by the U. S. Fish and Wildlife Service
(USF&WS) and the California Department of Fish and Game (CDF&G) in the next several
months, no "take" (harm, harassment or disturbance) of the species or occupied coastal sage
scrub habitat is permitted unless the applicant obtains the necessary federal permits or approvals.
Once this interim conservation process is in place, the "take" allowed is expected to be about
5 % of the coastal sage scrub (CSS) habitat in the region. This interim process would be in place
until a final conservation plan, known as a Natural Communities Conservation Plan (NCCP),
is completed and adopted by the City and other agencies, and approved by the U. S. Fish and
Wildlife Service and State Fish and Game.
Under the NCCP, more development than the 5% take may be allowed in exchange for
implementation of a permanent regional wildlife preserve protecting the California Gnatcatcher
and many other sensitive species. Adoption of the NCCP 'by the state and federal wildlife
agencies will allow the City to take over permitting authority for the gnatcatcher and CSS.
There are no vested rights under the Endangered Species Act, thus all discretionary and
ministerial permits, and all development, construction, grading or clearing that relied on
previously-approved permits are affected. Violations of the Endangered Species Act by taking
species or habitat can result in substantial fines and penalties imposed by the U. S. Fish and
Wildlife Service.
Building Permits:
. All applicants receiving permits must sign the Endangered Species Act (ESA) Disclosure
form available at the Planning, Building, and Engineering counters, unless it is known
with certainty that the permit will not affect CSS habitat.' The Environmental Review
/1--~
Section of the Planning Department will provide mapping of areas clear of CSS. A
signed copy of the ESA Disclosure form and permit shall be forwarded to the
Environmental Review Section of the Planning Department which will in turn forward
a copy to the USF&WS.
. The issuing department for any permit will assure that the following language appear on
all permits or plans unless it is known with certainty that the permit will not affect CSS
habitats:
"The issuance of this permit by the City of Chula Vista does not authorize
the applicant for said permit to violate any federal, state or city laws,
ordinances, regulations or policies including, but not limited to, the
Federal Endangered Species Act of 1973 and any amendments thereto.
The applicant shall agree to and shall sign the Endangered Species Act
Disclosure Form and Indemnity Agreement, and shall file said form with
the department issuing this permit. "
Grading Permits:
. Grading permits associated with tentative subdivision or parcel maps approved prior to
March 25, 1993, will be issued subject to the following procedure:
I. Grading permits will be reviewed for the potential presence of coastal sage scrub
through the Environmental Review Section of the Planning Department. If CSS
is present, the Environmental Review Section will so indicate on the standard
comment form sent back with the plan check to the Engineering Division. The
Engineering Division will notify the applicant that CSS is present, and
recommend that the applicant contact the USF&WS.
2. Prior to the issuance of a grading permit by the Engineering Division, the ESA
Disclosure form must be signed, and the above disclosure language included in
the permit or on the plans. The Engineering Division will forward a signed copy
of the ESA Disclosure form and permit to the Environmental Review Section of
the Planning Department, which will in turn forward a copy to the USF&WS.
. Grading permits associated with any tentative subdivision or parcel maps approved on
or after March 25, 1993, where coastal sage scrub is impacted will not be issued without
full compliance with all conditions of approval, which may include a requirement for a
Section 7 or lOa permit or other form of approval from the USF&WS, as described
below under "Discretionary Projects." All applicants receiving permits from the
Engineering Division must sign the ESA disclosure form, unless it is known with
certainty that the permit will not affect CSS habitat. The Environmental Review Section
-2-
)9'-(,
of the Planning Department will provide mapping of areas clear of CSS. The
Engineering Division will forward a signed copy of the ESA Disclosure form and permit
to the Environmental Review Section of the Planning Department, which will in turn
forward a copy to the USF&WS.
· "Stand alone" grading permits not associated with a subdivision or parcel map are
separate, independent discretionary actions, and are subject to the discretionary
procedures described below. All applicants receiving permits must sign the ESA
disclosure form unless it is known with certainty that the permit will not affect CSS
habitat. The Engineering Division will forward a signed copy of the ESA Disclosure
form and permit to the Environmental Review Section of the Planning Department, which
will in turn forward a copy to the USF&WS.
. Holders of grading permits already issued will receive a letter from Engineering advising
them of the California Gnatcatcher listing, and offering staff assistance in determining
the presence of CSS.
Discretionary Actions or Permits:
. Discretionary projects that do not impact California Gnatcatchers or CSS, or which are
redesigned or conditioned to avoid such impacts, will be scheduled for hearing in the
usual manner.
. Discretionary projects that do impact California Gnatcatchers or CSS will be scheduled
for decision or hearing if the applicant requests, with the following caveats:
1. The existence of coastal sage scrub and/or gnatcatchers on a project site shall be
evaluated through the City's environmental review process, in consultation with
the USF&WS, and the results of said environmental review will be given strong
consideration in formulating a staff recommendation and proposed conditions for
the project. In addition, the City will take into account any interim development
review procedures which have been established, or may be established, in
conjunction with the City's participation in the State Natural Community
Conservation Program or other related programs.
2. At a minimum, the applicant shall be required to sign the ESA disclosure form.
In addition, depending on the results of the City's environmental review, the City
may apply additional conditions to the discretionary action or permits which are
designed to ensure compliance with environmental mitigation measures required
for the project. Any such conditions shall be subject t\l final approval by the City
Council.
-3-
/9-7
Environmental Review
· If CSS impacts are anticipated, USF&WS level biological surveys will be required. If
there is a potential impact on or any take of California Gnatcatchers or CSS, this will be
considered an exception to any exemption from CEQA, and CEQA will apply to all such
projects.
-4-
JCJ-r
r
NOTIFICATION OF THREATENED SPECIES LISTING
OF THE CALIFORNIA GNATCATCHER
UNDER THE FEDERAL ENDANGERED SPECIES ACT OF 1973
AND INDEMNITY AGREEMENT WITH CITY OF CHULA VISTA
("ESA DISCLOSURE FORM")
On March 25, 1993, the United States Department of the Interior listed the California
Gnatcatcher as a "threatened species" thereby requiring Federal protection of the songbird under
the provisions of the Endangered Species Act of 1973 and all amendments thereto.
Please be informed that the coastal sage scrub and other habitats upon which this species depends
is located throughout many areas of San Diego County. It is the responsibility of all persons
anticipating development activities in these areas that may adversely affect this species to comply
with the provisions of the Endangered Species Act.
The Act prohibits anyone from "taking" a gnatcatcher, which includes killing, harming, or
harassing the species, or destruction of its habitat. The Secretary of the Interior Babbitt has
proposed special rules (Section 4(d) of the Act) which are intended to allow the U. S. Fish &
Wildlife Service to define conditions associated with certain land use activities under which the
take of the gnatcatcher or its habitats would not be a violation of the Act. These special rules
will not, however, take effect for some time. If there is a possibility of the presence of
gnatcatchers on your property, you are advised to contact the local office of the U. S. Fish and
Wildlife Service for specific advice and information. Their field office is located at 2730 Loker
Avenue West, Carlsbad, CA 92008, Phone No. (619) 431-9440.
The issuance of this or any permit by the City of Chula Vista does not authorize the applicant
for said permit(s) to violate any Federal, State, County or City laws, ordinances, regulations or
policies including, but not limited to the Federal Endangered Species Act of 1973 and any
amendments thereto (16 U.S.C. Section 1531 et seq).
I hereby acknowledge by my signature that I have read and understand this notice. I also agree
to defend and hold the City of Chula Vista harmless from any claim, loss, or damage the City
may suffer as a result of or connected with issuance of this or any permit associated with
grading or development of the subject property.
Applicant/Owner
Date
Copy:
Applicant/Owner
Environmental Review Section, Planning Department (attach copy of permit)
(gnatchr.pc2)
19"'1
E/Z"d
lWle I, 1993
Honorable Mayor
City COWlcil
CityofChtila Vista
276 Fourth Avenue
Chula Vista. CA'
RE: Item #7 - Gnatcatcher Administrative Procedures
, Dear Mr, Mayor and CoWlcil Members:
, CLF appreciates this opportunity to express strong concern on the proposed administrative
procedures as outlined in the lWle I, 1993 staff report. elF fully supports the draft
disclaimer form and the requirement that the applicant must sign the form. We tire
concerned, however. with the prooosed draft procedureslO condition oro/ects a.. outlined
on oafe 3 of the staff reoort
As you know, we are working with Secretary of the Interior, Bruce Babbitt's office to
find a interim wolkable strategy Wltil the draft scientific guidelines and the NCCP are
complete. We have forwarded our concerns on the abrupt halt.to several public and
private projects to Mr. Babbitt's office. Projects stopped in process including Cuyamaca
College and tWo major roadways have had an impact of over $20 million to the local
economy and the loss of more' than 660 jobs. ' .
Our industry indeed supports maintaining a balance between the environment and the
economy.
While suoooninl! the disclaimer form. we are stromuv concerned with the oroposed draft
procedures to condition oroiect~ as outlined on oage 3 of the staff reoort We therefore
re~oectfulIv reouest the Council to adont the disclaimer fonn. but NOT ,adoot the' .>
Oiscrptionarv Actions and 'Permit lanonaee a~ contained on pape:1 We would ask
, that City Staff review the County of San Diei'O's administrative processes and return to .'
Council ifnecessarv with modification or resolution, '
The Discretionary Actions and Permit language states that if the applicant does not
redesign the project to avoid coaStal sage scrub CCSS), the City ofChtila Vista will
tmpose additional conditions. The conditions may require the applicant to redesign the
project prior to approval of maps, or issuance of a grading/building permits without an
incidental take Section 7, lOa permit.
The Goatcatcher is listed as "threatened". However. under the "threatened" listing of the '
ESA. the listinl! does not necessarilv mean thetalcinll of CSS is exoresslv orohibited if '
, Gnatcatcher are NOT 00 the property.
/9"/~
LT:ST L8, VO 83J
E-/E'd
Page 2
June 1,1993
Justifications For Removal of the Discretionary Actions and Permit language include:',
I. The County Board of Supervisors acted to not require the conditioning of permits and
projects involving CSS but to develop an informational program fully informing the
'applicant of their responsibilities under the Federal law. ' '
2. It is the applicant's 'responsibility to conform with Federal laws relating to the
Endangered Species Act USFWS administers this Federal law and would require the
appropriate permits if any species are to be taken by the project.
3. By conditioning City discretionary permits and grading permits to first obtain the
necessary Federal permits could lead to the "denial" of many permits. This would
make .f:inanclng nearly impossible md add to the delay of the need to resubmit and
begin the process all over agcin.
4. The process of requiring an applicant to sign a disclaimer informing them of the
requirements under Federal law regarding taking of species, sufficiently advising
them to contact the USFWS, and protects the City from any subsequent liability.
5. Given the "threatened" listing, the City of Chula Vista should not impose any
additional regulations that. ,0 beyond the USFWS rules.
6. The City should not enforce Federal law. This is the appropriate role of Federal
agencies such as U.S. Fish and Wildlife Service '
Thank )')ll for). ur co,lSideration of this request.
re v,
. 'bib.
Seymoatl '
l. Legislati'4l Analyst
cc: tvr. Bob Leiter
19-/ /
5T:ST LB. \7083..J
COUNCIL AGENDA STATEMENT
Item .;( tl
Meeting Date 6/22/93
SUBMITTED BY:
Public Hearing: Formation of Assessment District No. 92-2 (Autopark)
Director of Public worksJr
City Manager J~ ~ ~ (4/5ths Vote: Yes_No...KJ
ITEM TITLE:
REVIEWED BY:
On March 23, 1993, Council adopted the resolution of intention to order the acquisition and financing
of certain infrastructure serving the Autopark development pursuant to the Municipal Improvement Act
of 1913. Later, on May 4,1993, Council adopted Resolution No. 17102 giving preliminary approval
to the Engineer's Report for Assessment District No. 92-2 (Autopark) and setting public hearings for
June 8 and 22, 1993 for the purpose of hearing public testimony. The first public hearing was already
held as scheduled on June 8, 1993.
All owners of property within the proposed assessment district have been mailed their notice of the
public hearings including the proposed assessment to their .land.
RECOMMENDATION: That Council:
1) Hold the public hearing;
2) Receive testimony;
3) Close the public hearing; and
4) Adopt a motion directing staff to bring to City Council resolutions
ordering acquisition of the improvements, confirmation of the assessments
and issuance of bonds for Assessment District No. 92-2, following
recordation of the Autopark Parcel Map.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Municipal Improvement Act of 1913 is a financing mechanism which allows the future owners to
finance infrastructure improvements through assessment district bonds with payments collected with their
property taxes. This is an acquisition assessment district wherein the developer is constructing the public
improvements and the City will acquire them upon completion with funds derived from the sale of
bonds. The estimated cost of the improvements can be discharged in full at any time or paid off by the.
property owners over a 25- year period.
The public improvements proposed to be financed through the Assessment District No. 92-2 include
pavement, drainage facilities, curb, gutter, sidewalk, landscaping, street lighting, sewer mains, sewer
pump station, stonn drain system and miscellaneous appurtenant strnctures. The acquisition of right-of-
way for Otay Valley Road widening and Brandywine Avenue and Auto Park Drive construction within
the proposed district is also included.
~t?, /
Page 2, Item r2.0
Meeting Date 6/22/93
Construction of the Assessment District improvements is projected to be completed by the end of 1993.
The developer will front the funds required for construction. Once the improvements are completed and
accepted by the City, they will be purchased using bond sale proceeds. The bond sale is proposed to
take effect by the end of July, 1993.
The total amount proposed to be assessed to the parcels in the assessment district is $1,985,683. This
includes construction, engineering design, inspection and administration costs, and other incidental costs.
Also included is the acquisition of the underlying Otay Valley Road Assessment ($365,939) to eliminate
the overlapping of liens for the proposed Autopark district. Table 1 shows a detailed cost estimate.
The amount proposed to be assessed to the district is approximately $1.5 million less than was proposed
at the time the resolution of intention was adopted on March 3, 1993. This is due to adjustments
required to lower the assessment to comply with the City standard of 3: 1 value to lien ratio. A recent
appraisal by Kibbey and.Samppala Group estimates a prospective value "as if" fully improved of $9.00
per square foot or $5,957,048 for the total 15.195 acres to be included in the district. The value to Lien
ratio is calculated as follows:
Value
Lien
$5,957,048
$1,985,683
1
1
The formal Council action establishing the assessment district usually takes place immediately after the
public hearing is closed. In. this case, the final resolutions forming the district will be brought for
Council approval ~fter the parcel map that will create the Autopark parcels is recorded. It is anticipated
that this will take place immediately after the close of escrow, which is schedule for mid-July 1993.
Future Actions
Future actions shall include:
1. Approving acquisition/financing agreements.
2. Confirming assessments, ordering improvements and approving Engineer's Report.
3. Authorizing bonds issuance, approving forms of bond indenture, bond purchase contract and
preliminary official statement.
FISCAL IMPACT: None. The developer has already signed a Reimbursement Agreement with the
City, in which he agrees to advance aU City expenses related to the proposed assessment district
formation.
Attachment: Final Engineer's Report NOT SCANNED '
LdeT/AY-090
WPC F:\home\engilleef\agenda\autopark.phl
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TABLE 1
COST ESTIMATE
ASSESSMENT DISTRICT NO. 92-2
CONSTRUCTION COST COST ESTIMATE
Streets $602,254
Water 117,054
Sewer 150,704
Stonn Drain 170,586
Subtotal Construction Cost $1,040,598
Contingency (10%) 104,060
Total Construction Cost $1,144,658
INCIDENTAL EXPENSES
1. Right-of-Way Acquisition $738,230
2. Outstanding Lien (Otay VaHey Road 365,939
Assessment District 90-2)
3. Surveying . 23,000
4. Landscape Architect . 8,100
5. Civil Engineering 79,200
6. Soils Engineering 35,000
7. Construction Administration 20,000
8. Public Agency (Project Management & 20,000
Assessment Engineering)
9. Bond Counsel 17,428
10. Appraiser 6,000
II. Pennit Fees
Otay Water District 9,000 .
City of Chula Vista 22,000
12. Printing & Advertising 1,000
13. Bond Printing, Servicing & Registration 10,000
Total Incidentals $1,354,897
Developer Contribution (774,791)
Subtotal Construction ExpellSes $1,724,764
COST OF ISSUANCE
Capitalized Interest (1.14%) $22,637
Bond Discount (2%) 39,714
Reserve Fund (10%) 198,568
Subtotal Cost of Issuance $260,919
Balance to Assessment $1,985,683
LdeT/AY-090
WPC F:\home\engineeJ".agenda'aUl0park.phl
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COUNCIL AGENDA STATEMENT
Item
Meeting Date
-fJ22/93
TITLE: REPORT Status Report on the Solid Waste
Participation Agreement and Al ternati ve Disposal
Options
RESOLUTION nJ Y ~ Approving Agreement By, Between
and Among the County of San Diego and the Cities of
the County Establishing an Interim Solid Waste
Commission and Providing for the Disposal of Solid
Waste, and Committing 50% of the City's Wastestream
to the County
SUBMITTED BY: Principal Management Assistant SnYder~'
REVIEWED BY: City Manage~ (4/Sths Vote: Yes___ No~)
This issue was continued from the 6/15/93 meeting in order to allow
staff to obtain any updated information on disposal options and
recent actions by other cities regarding the Agreement, and to
communicate to the County Board of Supervisors that Council
strongly advocates additional time be allocated to the cities for
this decision. Attachment 1 is a letter to be delivered to Board
offices on 6/18/93 which explains Council's position and requests
an extension of the decision deadline from 6/22/93 to 7/15/93.
This report provides any updated information on disposal options
which could be obtained within a day or two, and does provide an
update on the status of this decision in other cities. There will
be a verbal presentation at the meeting of any additional
information which can be collected by that time.
Primarily, the report serves as a summary for Council of all known
information and possible implications of unknown information, 'in an
effort to focus and assist Council in the decision-making process.
. RECOMMENDATION: Accept report and approve resolution commi:tting
only 50% of the City's wastestream to the County.
BOARD/COMMISSION RECOMMENDATION:
Not applicable.
DISCUSSION:
Relationship Between Citv Actions and the Cost of Committinq: Flow
to the County
Complete information on the actions taken by other City Councils
will not be known until after 6/22/93 and staff will prepare a
handout for this meeting with the updated information. At the
present time, this Agreement has been approved by the Cities of La
Mesa, Santee, Poway, Escondido, Coronado and Imperial Beac~. A
21-1
Page 2, Item ::<,)
Meeting Date 6/22/93
number of cities have made their approvals conditional and some
cities have signed the Agreement and directed certain concerns be
brought to the negotiating table of the Interim Commission. There
appear to be different views about how the County or Commission
might deal with those conditions. The Agreement was rejected by
the Cities of Encinitas and Lemon Grove, although Lemon Grove is
planning on reconsidering the item by 6/22/93.
Even with approval by many or most of the cities which previously
approved the Agreement, it appears that most approvals will be at
the 50% commitment level and, therefore, it is possible that the
total tonnage commitment amount will not be high enough to
guarantee a $60 million bond issuance. No ability to bond at all
will require that the tip fee be set at about $67/ton. However,
the increase could be mitigated by a decision to issue bonds for a
lesser amount.
The Board of Supervisors will revisit the ~uestion of the bond
issuance shortly after two sets of results are known to them:
o State Water Board Decision on San Marcos Landfill
Expansion- On 6/17/93, the State is holding a public hearing
on the appeal of the Regional Water Quality Control Board's
original permit approvals for the expansion. If the State
Board upholds the appeal and rescinds the previous approval,
the landfill is expected to close. However, most funds in the
planned bond issuance would still be needed to replenish the
Enterprise Fund reserves for expansion expenditures already
made and to close the landfill. Under this scenario, the
amount of the necessary funds could probably be lowered from
$60 million to about $40-45 million.
o City Actions on the Interim Aqreement- Shortly after
6/22/93, County staff plans to review with the underwriters
and bond counsel the amount of total tonnage committed by the
cities joining the Interim Commission to determine the extent
of the County's ability to issue bonds for San Marcos. It is
expected that an important first assignment of the newly-
formed Interim Commission will be a recommendation to the
Board on the bond issuance question.
Update on Alternative Disposal Options
There is no substantively new information at the time of printing
this report regarding the dispo~al options discusse~ in previous
Council reports and meetings. .Staff is attempting to obtain any
updated information available on the viability of the Campo Indian
Reservation, and can provide verbal comments at the 6/22/93
meeting. Although Laidlaw is interested in pursuing possible
alternatives with the City, the discussions are preliminary, at
2/ - 2.
Page 3, Item
Meeting Date
.2J
6/22/93
best; and comparison cost data is not available at this time.
Additionally, information from the North County JPA cities
clarifies that the July'lst workshop is designed to explore the
Agency Members' needs for purposes of the RFP, and to present
research data on alternatives as part of the process of determining
those needs. It appears that the workshop material would be the
most comprehensive information available in a short period of time.
It is also planned to serve as a "reality check" regarding the true
cost of not staying within an existing system and infrastructure.
City staff will take advantage of this resource and will report
pertinent information to Council.
After discussing trash disposal alternatives with the City Manager
of San Marcos, he has the view that the proposals offered outside
of the County system are not locked in concrete and are offered
with inadequate information. He concedes that there are a lot of
options, but there is not enough data to convince him to pullout
of the County system. That is why he feels his city will commit
50% of their wastestream with no conditions, and hold back the
second 50% to see if there are cheaper options. He feels that
their approval of the second 50% will be conditional. This is also
the position that has generally been advocated by the City Manager
and why the elected task forc.e recommendation that the second 50%
be committed within 6 months; 6 months earlier than the deadline
for setting up a governance structure, makes no sense at all. By
not committing the second 50%, jurisdictions have some flexibility
in exploring these other alternatives, realizing that the new
Commission which will be created will also be exploring these
alternatives. That is why is makes sense for the City to be part
of that Commission, but the City not sign a blank check for 100% of
its flow of garbage. That is why the recommendation continues to
be to approve joining the Commission with 50% of our trash flow but
not with the second 50%.
Surcharqes
Another perspective of which you should be aware has to do with
surcharges. I realize that the City Attorney has raised the valid
question as to whether or not surcharges are legal in the first
place, which clearly will need to be resolved, possibly through
litigation, if either the new Commission or the County attempts to
levy such surcharges. In speaking with the San Marcos City
Manager, however, you should be aware that that city supports
levying of surcharges. He represents that his city'S view is that
one of the failings of they County is they have not been tough
enough with other cities when it comes to implementing trash
issues, and that some surcharge will be necessary in order to give
teeth to what the Commission may attempt to implement. There have
been other cities that have similarly supported the issue of
21~3
Page 4, Item 2-1
Meeting Date 6/22/93
surcharges. These obviously are cities that intend to approve the
agreement on the part of the' Commission. This is pointed out
primarily to communicate some of the dynamics which are occurring
regarding the approval of the agreement, the formation of the
Commission and the imposition of surcharges. Of course, the other
dynamic is the significant number of cities which have a major
problem with the agreement, including the City of Chula Vista. '
Summarv
The following notes attempt to summarize for Council, the
perspective taken by the County to this point and/or provided for
in the proposed Agreement drafted by a representation of all cities
and the County:
o Authoritv- Until the final governance decision is made
(within one year) and there is an official change to the
structure, the Board of Supervisors cannot legally give up
either decision-making authority or responsibility for the
system. However, the Board intends to give significant weight
to the advice of the newly-formed Interim Commission over
decisions such as the setting of tip fees, issuance of aebt,
determination of economic risk surcharges, etc. : This
anticipated reiiance on the Commission, gives considerable
power to Commission members, and conversely, should be
considered as a negative by a non-signatory city. '
o Solid Waste Facilitv Fees- The proposed Agreement is
silent on the issue of whether or not facility fees will be
paid to non-signatory cities. If it is an issue to be
addressed, it will ultimately be decided by the Board but the
expectation is, as mentioned above, that the Board will rely
on a recommendation from the Interim Commission.
The County will have 'only one vote on the Commission. It
should be of concern to the City that most of the other
Commission members will have no vested interest in protecting
the payment of facility fees, and are not likely to be
receptive to the idea of paying them to non-signatory cities.
Alternatively, the City may be able to receive facility fees
through the CUP process at the Otay landfill in the near
future. At the present structure in the Agreement, the loss
of facility fees to the City could range anywhere from $6,.5 to
$27 million over the anticipated eight years remaining
capacity at Otay.
o Conditions of Approval- It is expected that conditions of
approval will be viewed as substantively changing, the
Agreement which has been deliberated upon and executed in its
2/- 4
Page 5, Item :U
Meeting Date 6/22/93
proposed form by a number of cities. To be considered a
signatory city, and, therefore, eligible to participate in the
Interim Commission's business, a city must be willing to! make
an initial commitment and then bring items of concern to the
negotiating table of the Commission.
FISCAL IMPACT: As previously reported, the fiscal impact of'this
decision will fall directly on the rate payer. There are several
important unknown factors which hinder the Council's ability to
accurately assess the impact of staying in the system versus
leaving, as viewed from the rate payer's perspective: whetheF the
tip fee will ref lect a' bond issuance, and the amount of the
economic risk surcharge. In addition, there is a significant but
currently unquantifiable cost for the City's liability for County
system use, in the event the City may decide to exit the system.
For purposes of illustration, the following assumes the Count~will
not be able to issue bonds and the surcharge will be set at 50% of
the base tip fee (without certain special fees):
SIGNATORY CITY
$65-70 TIP FEE
$12.28/MO.
$17.43/MO.
$19.38/MO.
,
,
1
(EST:. )
I
(EST!.) *
CURRENT FEES
$28 TIP FEE
NON-SIGNATORY CITY
$80-85 TIP FEE
*Estimates based, only on projected increase
component and do not reflect increases
operational costs, new programs, etc.
in
for
landfill
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Attachment 1
OlY OF
(HULA VISTA
OFFICE OF THE CITY M"NAGER
June 17, 1993
The Honorable Brian P. Bilbray
Members of the Board of Supervisors
1600 Pacific Highway
San Diego, CA 92101
Subject:. Interim Solid Waste Participation Agreement
Dear Chairman Bilbray and Members of the Board:
At the Chula Vista City Council meeting on June 15, 1993, the City
Council voted to express our concerns to your Board regarding the
proposed Interim Agreement now under consideration. First, let me
emphasize that Chula Vista has been a strong participant in this
regional effort and could not be viewed as having been an
impediment to either the process or the outcome.
We have worked together with the County and the cities in this
endeavor because we recognize our role as a major contributor to
the County's system, and are particularly sensitive to being a host
community to a region-serving solid waste disposal facility in the
South Bay.
The most significant concern of the City Council is the brief
period of time imposed by,the June 22, 1993 deadline for such a
weighty decision with serious consequences for our rate payers. We
understand that the County's financial situation has been a driving
force in the need for a decision on regional participation. We
know that there have been continually shifting deadlines over the
past year which have progressively impacted the solvency of the
Solid Waste Enterprise Fund. .
However, to be able to arrive at a viable regional resolution to
the problem, the City Council is convinced it is necessary for all
cities to have additional time to consider the proposal both
individually and together. The proposal which was drafted by the
Elected Officials Steering Committee (assisted' by active
representation from Chula Vista Councilmember Leonard Moore) is not
the same one being presented for our current consideration. Not
all cities would be participants and the amount of regional
acceptance of a region-impacting problem is seriously in question.
Allowing additional time for consideration of the proposal would
also provide time for resolution to the number of concerns and
conditions to approval raised by a number of cities over the past
few weeks. Since Chairman Bilbray was present at the May 27, 1993
276 FOURTH AVENUEiCHULA VISTA, CALIFORNIA 91910/(619) 691-5031
2/-7
Board of Supervisors
June 17, 1993
Page 2
City Council meeting, you may be aware that the Chula Vista City
Council identified three concerns at the time conceptual approval
was given to the original Interim Agreement:
~ That the remalnlng uncommitted 50% be retained by the City
without penalty of surcharge during the time that the final
governing authority is being determined;
~ That the Commission be given a mechanism for rate review
and accountability (in terms of the reasonableness of rates)
that would give the citizens of the City equitable
representation; and
~ That a solid waste facility fee be paid to the city of
Chula Vista on the entire tonnage entering Otay landfill,
except for 10% to be set aside to eventually incorporate the
closed landfill into the Otay Valley Regional Park, and that
the fee be paid for the duration of the flow control covenant
or the operational life of the landfill.
Having a forum for addressing these conditions and those presented
by other cities before signing the Agreement and forming the
Interim Commission would be beneficial to the eventual
effectiveness of the Commission and the working relationship of its
Member Agencies.
For these reasons, the Chula Vista City Council respectfully
requests your Board's consideration of delaying the deadline for
approval of the Interim Agreement until July 15, 1993.
John D. Goss
City Manager
cc: Chula Vista City Council
David Janssen, County Chief Administrative Officer
2.I-f
CITY OF CHULA VISTA
.
.
'.
RESOLUTION NO.
/7/'1'1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT. BY, BETWEEN
AND AMONG THE COUNTY OF SAN DIEGO AND THE
CITIES OF THE COUNTY ESTABLISHING AN INTERIM
SOLID WASTE COMMISSION AND PROVIDING FOR THE
DISPOSAL OF SOLID WASTE, AND COMMITTING 50% OF
THE CITY'S WASTESTREAMTO THE COUNTY
WHEREAS, on 3/30/93, Council discussed regional solid
waste issues and a proposed Solid Waste Participation Agreement in
a workshop which identified general concerns and directed staff to
focus on key concerns and recommendations for modifying the
Agreement; and
WHEREAS, at the regular meeting of 4/20/93, Council again
received updated information on specific concerns and suggested
revisions, and provided input to Councilmember. Moore in
representing south Bay cities in renegotiating the Agreement; and
WHEREAS, the SANDAG Board (sitting as the Integrated
Waste Management Task Force) had established an Elected Officials
Steering Committee with the. direction to negotiate a. modified
Participation Agreement acceptable to the entire Task Force; and
~EREAS, the new Agreement would then be distributed to
all the cities and the County for action by the respective councils
and the Board of Supervisors.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula Vista does hereby approve the Agreement by,
between and among the County of San Diego and the Cities of the
County Establishing an Interim Solid Waste Commission and Providing
for the Disposal of Solid Waste, and Committing 50% of the city's
Wastestream to the County, a copy of which is on file in the office
of the City Clerk. .
.i
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 ofChula Vista.
Presented by
Approved as to form by
Stephanie Snyder, Principal
Management Assistant
Bruce M. Boogaard, City Attorney
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COUNCIL AGENDA STATEMENT
/3
6/15/93
Item
Meeting Date
TITLE:
REPORT Status Report on the Solid Waste Participation Agreement
and Alternative Disposal Options
SUBMITTED BY:
REVIEWED BY:
.Principal Management Assistant Snyder~
City Managerr (4/5ths Vote: Yes_ No X )
At the 5/27/93 meeting, Council discussed the proposed Solid Waste Participation
Agreement even though it required unanimous approval by all cities and it had, at that
point, been rejected by four c it i es. Counc i 1 act i on at the meet i ng I:;onceptua 11 y
approved the Agreement, to include committing 50% of the City's wastestream to the
County and bringing three specific items of concern to the negotiation table of the
Interim Commission.
On 6/1/93, the County Board of Supervisors approved a revised Agreement for
redistribution to the cities and action by June 22, 1993. ,The revised Agreement
(Attachment 1) does not require unanimous .approval and is being forwarded to Council
for action at this time. This report also includes additional information requested
by Council regarding disposal options available to the City which could be considered
as alternatives to the Agreement and the 50% commitment of waste flow to the County.
The aim of this report is to provide as much data as is available based on City Council
requests for information. It should be recognized, however, that the process which is
occurring after the Board action on June 1 leaves much of the data gathering and
evaluation of this subject in flux. Not reflected in this A-113 is the City Manager's
meeting with the other managers of the County on Friday, June 11, and a meeting between
the City Manager and other representatives from those cities that have landfills on
Tuesday, June 15. An update from these meetings can be provided at the June 15
meeting, but it is expected that there will beadditional information that will be
gathered during the coming week, after your June 15th meeting.
RECOMMENDATION: Accept testimony and any other information required for a Council
decision, and continue the item to the Council meeting of 6/22/93.
BOARD/COMMISSION RECOMMENDATION:
DISCUSSION:
Not applicable.
Status of the Solid Waste Participation Aqreements
As noted above and reflected in the attached revised Agreement, the County has deleted
the "all or nothing" clause from the previously circulated Agreement. Changes are
indicated in shadow, and the only other changes are: 1) effective date for city
action is changed from June 1 to June 22, 1993, and 2) the date for a city to decide
on committing the remaining 50% waste stream has been slipped one month from December
1993 to January 1994. At Board direction, the Agreement is being sent to all cities.
cJ / - II
'.
.
P 2 It /3
age , em
Meeting Date 6/15/93
Per the terms of the Agreement, an Interim Commission is currently in the process of
being formed, since it has been approved to date by the County and the Cities of La "
Mesa and Santee. " It is also understood that the staff is recommending approval for the
Cities of Coronado and Lemon Grove, and probably the bulk of the other jurisdictions
that previously approved this agreement before June 1. Full Commission membership wi]]
be determined after June 22, 1993 and the first meeting of the Commission will be
scheduled as soon as possible. This time schedule would seem to be contrary to Chula
Vista's best efforts and Chula Vista may wish to encourage other jurisdictions, as well
as the County, to slow down this process.
Among the jurisdictions who did not approve the initial agreement which was circulated
by the County prior to June 1, at least two of the cities are considering embarking on
a different approach. These jurisdictions, namely the Cities of Carlsbad and
Encinitas, have indicated at the staff level that they may be willing to commit to an
interim agreement, which would include going to a pay-as-you-go tipping fee ($67.00 per
ton), with the understanding that the County would hold back on issuing debt for
landfill operations. This would not preclude the issuance of debt later on and the
subsequent reduction of the tipping fee. What is being attempted is to provide enough
time to meet on and develop the governance structure for landfill operations and to
look at the long-term alternatives to see if there are cheaper methods than what would
be envisioned in staying in the County system. Similar to the initial Chula Vista
staff recommendation that we commit 50% of our flow because of our past commitments to
the landfill operations to help support County debt service but keep the remainder of
the 50% open because there is too much uncertainty to commit that flow, the North
County cities'approach is to not commit any of the flow at this time in order to look
at the governance structure and long-range alternatives, but in exchange for that are
willing in the short term or interim basis to go to a much higher tipping fee.
Even though the North County cities that did not support the original agreement may be
looking at this different approach, they are also suspicious of proposals being offered
by the private sector, with what they perceive as offering "teaser rates" and possibly
a behind-the-scenes effort to close the San Marcos Landfill so that private sector"
proposals may look more attractive economically. Also, there is some suspicion of
proposals which have come to light only at the last minute without analysis by anyone.
In any case, the North County cities, through the earlier creation of a Joint Powers
Agreement, have hired a consultant (GGB) which will making a presentation on short- and
long-term strategies which pertain to the County landfill system, at" a meeting to be
held July 1, 1993 at the Oceanside City Hall. With this presentation right around the
corner, the arbitrary June 22 date for making a decision on a revised agreement
circulated by the County Board, does not make a great deal of sense to Chula Vista's
best interests. It is for that reason that it was suggested earlier that we work with
the County Board and other jurisdictions to stretch out the June 22 date and to delay
the work, if not the substantive action, that might be undertaken by the Interim
Commission".
The Work of the Interim Commission
The first meeting will signal the beginning of the Commission's charge and immediate
decisions: addressing issues raised by signatory cities as concerns to be negotiated;
. determining recommendations to the Board of Supervisors regarding bond issuance, tip
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Page 3, Item
Meeting Date
/5
6/15/93
fees and economic risk surcharges; and commencement of discussions about the ultimate
form of governance.
Council will recall that the prior action on 5/27/93 included direction to the City's
representative on the Interim Commission to bring three specific items of concern to
the negotiating table:
1. That a solid waste facility fee be paid to the City of Chula Vista on the
entire tonnage entering the O~ay landfill, except for 10% to be set aside to
eventually incorporate the closed landfill into the Otay Valley Regional Park,
and the fee is to be paid for the duration of the flow control covenant or the
operational life of the landfill, whichever is sooner;
2. That the remaining uncommitted 50% be retained by the City without penalty
of surcharge during the time that the final governing authority is being
determined; and
3. That the Commission be given a mechanism by the Board of Supervisors for rate
review and accountability (in terms of reasonableness of rat~s) that would give
the citizens of the City equitable representation. .
Settinq of Tip Fees
On 5/4/93, the Board took action to increase tip fees on July 1, 1993 from $28/ton to
$43/ton. The $43 rate was determined to be the minimum increase necessary and would
require the County's ability to bond for San Marcos landfill expenses. The County's
ability to issue bonds is dependent upon the commitment of flow from signatory cities.
It is important to note that the County's request of a minimum commitment of 50% was
based on the previous Agreement's premise that all cities would be participating.
Actions taken up to June I on that previous Agreement show eleven cities approving it,
five cities rejecting it (Carlsbad, Escondido, Oceanside; Encinitas, and El Cajon), and
one city taking no action (Del Mar). Less than 100% flow commitment from the 11 cities
which conceptually approved the Agreement by June 1 will not provide enough flow to
guarantee the $60 million bond issuance.
As was previously reported to the Council, any impediment to the bond issue would
require that the tip fee be set at about $65-$70/ton in order to generate enough
revenue to keep the Enterprise Fund solvent. Decisions on the bond issue and the new
tip fee rate will be made by the County after June 22, 1993, probably with input from
the Interim Commission.
The proposed Agreement is si lent on an immediate economic risk surcharge for non-
signatory cities since its original conception assumed that all cities would pledge at
least 50% of their wastestream initially. This now becomes an issue to be dealt with
and the Commission is expected to play a significant role in determining and
recommending to the Board a surcharge for non-signatory ,cities which continue to use
the County system on a temporary basis until other permanent facilities are available.
Based on the data provided during the course of the audit, the surcharge can be
expected to be at least 50% of the base tip fee without solid waste facility fees and
:2/ - J ;3
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Page 4, Item ))
Meeting Date 6/15/93
mitigation fees.
One of the questions that was raised informally was that out of the proposed $43
tipping fee, only $4 is for landfill operations. While staff is obtaining more up-to-
date information which can be provided in chart form for the City Council on Tuesday,
that does not appear to be accurate. By piecing together various information on the
current $28 per ton tip fee, City staff was able to obtain information regarding the
following costs: Operation and Maintenance ($10.10); Facilities Improvements ($ 4.B2);
Planning/Engineering and Facility Siting ($2.89); Administration ($2.33); State
mandated surcharges ($2.03); Act i ve 1 andf ill closure reserve ($1. 95) ; Resource
recovery/recycling ($1.73); Hazardo~s Waste Management ($1.30); and a variety of other
miscellaneous categories, each of which accounts for less than $1.00.
Alternative Disposal Options
.
At the Council's 4/20/93 meeting, staff provided information on long-term disposal
options which were most recently being discussed by other cities as possible
alternatives to remaining in the County system (Attachment 2). The information was
gathered from the three cities in the North County Solid Waste Management Agency
(NCSWMA- a JPA including the Cities of Carlsbad, Oceanside and Escondido) and it was
noted that South Bay cities would have additional facility and transport costs not
included in the limited cost data available. This previously transmitted attachment
has been slightly modified to reflect some additional concerns which have been
developed since April. Previously, the options described to Council included:
o Rail haul to Utah
o Campo Indian Reservation
o Eagle Mountain, Riverside County
o Rail cycle to San Bernardino County (Amboy)
o Orange County
At this time, there is no updated cost information available on those options from
other San Diego County cities. However', updated qeneral information about those
options includes:
o Campo Indian Reservation- Current status: permits have been obtained and
currently contracting for the design and development of the liner. Expected to
be open for business early in 1994.
o Oranqe Countv- The Orange County Board of Supervisors has not yet taken
action to rescind local ban on import of waste from out of the County and there
is opposition to the plan. As a budget-enhancing move, however, the County will
begin accepting bids in the near future from the public and private sectors for
excess capacity. The minimum bid is $32.75/ton on a "put or pay" contract.
.
Within our own county, the NCSWMA is currently working with a consllltant to issue an
RFP for disposal alternatives to the County system and those proposals are expected to
bring the first clear cost data available to date. Proposers will be addressing
processing, transport and disposal costs. It is hoped that the RFP will be public by
mid-July and responses would be expected by mid-August.
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Page 5, Item /:3
Meeting Date~
Subsequent to the preparation of the list of options, it appears that the City of E1
Cajon was approached by Waste Management, Inc. with a proposal to use a special "swap
body" type of technology which would eliminate the need for a transfer station but'
allow for direct truck haul to one of the company's landfills north of Los Angeles.
Although WMI is not the City's franchised hauler and'could not offer the same service
to Chula Vista, Laidlaw Waste Systems has recently indicated a desire to begin
discussions with the City on either a similar type of service or a privately
constructed transfer station which could provide capabilities for long haul to distant
landfills. Possible destination landfills are the Campo Indian Reservation or Chiquita
Canyon, the Laidlaw-owned facility in Valencia, California. This facility is currently
in operation and meets the EPA's "Subtitle 0" requirements.
It is not possible to determine comparison' costs at this time. However, Laidlaw
officials have indicated that negotiations with the company should produce competitive
prices and company representatives will be present at the Council meeting to address
any questions. Issues needing Council awareness in considering these possible options
include: '
.
o "Swap body" technology involves a special canister which can be used for
residential and commercial collection throughout the City and then switched to
a truck with long haul capabilities; Lower tip fees at a more distant landfill
would need to be gauged against increased hauler costs for fleet replacement and
the company's need,to amortize the equipment, understanding that amortizing over
longer timeframes can result in lower rate components.
o The development of a private transfer station is simple enough from a
construction standpoint, but would realistically require a minimum of 12-24
months to find a site and complete the environmental review and permitting
process. Such a major investment (staff of other cities estimated a cost of up
to $20 million depending on what goes into the facility) may require
renegotiation of the existing franchise term or negotiation of a new franchise
just for the transfer station. This movement may not be consistent with the
current Council direction that shorter, more competitive franchise periods are
desirab,le. The development and construction costs would also have to be added
to the additional transport and tip fees.
Conclusion
.
All of the possible disposal options have unknown costs and uncertainties. One
approach is to use 50% of the flow to "lock-in" the lowest tip fees possible in the
County system to start, and then use additional time to determine whether there is
truly a lower-cost alternative which could be used for the remaining 50% waste flow to
offset the County system cost. Another approach is to hold back 100% if the County
would agree, including holding back on issuing debt, but with a $67/ton tipping fee.
Then, options could be formally explored for the remaining 50% or 100% to include all
alternatives being seriously considered by the NCSWMA over the next few months, as well
as concepts raised by Laidlaw. The additional time would provide more solid informatlon
for cost-benefit analyses and decision-making. (It is also possible that the flow
commitment on the initial 50% would revert back to the City during the year if,
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Page 6. Item
Meeting Date 6/15/93
ultimately, the County is unable to use the commitment to bond for the San Marcos
landfill expansion or closure. Meanwhile, the City would also benefit financially from
remaining in the County system by receiving solid waste facil~ty fees which may be
jeopardized if the City decided not to participate in the Interim Commission.)
A decision to not participate in the Interim Commission would need to factor in unknown
costs and uncertainties beyond the development, implementation and operational costs
of an undetermined alternative, such as:
o Immediate economic risk surcharges to be basically set by the Commission,
Chula Vista's neighboring jurisdictions which have chosen to remain in the system
and have a vested interest in moving ahead with long-term planning and preserving
system capacity for Commission members;
o Continuing closure/post-closure costs of an undetermined amount for the City's
current liability of County system use to date, costs which may be recoverable
only during the period of time the City continues to use the system as a non-
signatory city, adding even more enormous increases to the near future 'rates; and
o Potential loss of facility fees, available to the General Fund, which could
conceivably range from $6.5 to $27 million over the expected life of the Otay
landfill. '
FISCAL IMPACT: As previously reported, the fiscal impact of this decision will fall
direct 1 y on the rate payer. There are two important factors wh i ch are current ly
unknown and hamper the Council's ability to accurately assess the impact of staying in
the system versus leaving, as viewed from the rate payers' perspective: whether the
tip fee will reflect a bond issuance, and the amount of the economic risk surcharge.
For purposes of 'illustration, the following assumes t'he County will not be able to
issue bonds and the surcharge will be set at 50% of the base tip fee (without certain
special fees):
TIP FEE
MONTHLY RESIDENTIAL BILL
CURRENT FEES
SIGNATORY CITY
NON-SIGNATORY CITY,
$28
$65-70
$80-85
$12.2a/MO.
$17.43/MO. (EST.)~
$19.38/MO. (EST.)*
*Estimates based only' on projected increase in landfill component and do not
include increases for hauler's operational costs, new programs, etc.
,}./~/~
Attachment 1
.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for signature by Any or All cities
Page 1
AGREEMENT BY, BETWEEN AND AMONG THE COUNTY OF SAN DIEGO
AND THE CITIES OF THE COUNTY -
ESTABLISHING AN INTERIM SOLID WASTE COMMISSION
AND PROVIDING FOR THE DISPOSAL OF SOLID WASTE
(" INTERIM AGREEMENT")
This Agreement ("INTERIM AGREEMENT"), is entered into by,
between and among the County of San Diego ("COUNTY") andQ!iil2ti~$n
Cities within the COUNTY, for the purpose of providing a committed
flow of solid waste that serves as a basis for the COUNTY to issue
bonds to finance the expansion and/or closure of the San Marcos
Landfill and to pre~t~e:...:i~~\<::i~~~?:-.jtP:7:~e:c~;;aJ::"X ... sj7i~~a~te
.ww~~~
can mutually participate in dealing with regional solid waste
matters; and to develop a permanent governance authority to deal
with regional solid waste matters that will promote the long term
health and safety of the residents of the COUNTY and the cities.
. Now, therefore, the undersigned COUNTY and Cities (collectively,
"Member Agencies") agree to participate in good faith in the
performance of this INTERIM AGREEMENT, and to act in a manner that
conforms to the spirit, intent and general premises of this INTERIM
AGREEMENT, and in accordance with the following:
1.0 MEMBERSHIP
1.1 COUNTY Membership. To be a signatory of this INTERIM
AGREEMENT and participate as a full member. of the Interim
Commission, the COUNTY is committing 10.0.% of its Acceptable Waste
flow in accordance with the provisions of Part 3 of this document.
1.2 City Membership. To be a signatory of this INTERIM AGREEMENT
and participate as a full member of the Interim commission, each
city is committing at least 50.%, and may commit up to 10.0.%, of its
Acceptable Waste flow in accordance with the provisions of Part 3
of this document.
.
a. A member city committing at least 50.% of its Acceptable
Waste flow at the time of signing this document may, until December
1, 1993, deliver more than its committed Acceptable Waste to a
COUNTY facility and such additional waste shall not be subject to
the Economic Risk Surcharge set forth in this document at Part 3,
section 3.6, subsection d.
1
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.
.
.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 2
b. On or before g;~nM%p~ilii@~~4, a member city may file a
written addendum, in a lormaccep'ta]:;Te to the Interim Commission,
committing Acceptable Waste in addition to that committed in
section 1.2 (a) to the Interim Commission; on the terms set forth
in section 3.10.
1.3 ci tv of San Dieqa Membership. Based on the. City of San
Diego's unique role in regional waste management issues, ~he City
of San Diego may participate as an ex-officio non-voting member of
the Interim Commission. The COUNTY will negotiate a separate
agreement with the City of San Diego which reflects the City of San
Diego's unique role in regional waste management issues. Such
agreement will be brought before the Commission for review and
comment prior to adoption.
2.0 EFFECTIVE DATE, TERM
2.1 Effective Date. This. INTERIM AGREEMENT shall take effect on
~~~ie;2i3cs~~~36nbr~~~t:t~~ ..:~Z~~~~~g~~2u~~~1~Ts~~tp=:~f1~7:;
l:ieforetliatdate:~ .
2.2 Term. Except as otherwise provided in Part 3 of this INTERIM
AGREEMENT concerning the commitment and disposal of Acceptable
Waste, the term of the INTERIM AGREEMENT shall expire on May 31,
1994, unless sooner terminated by creation of a permanent
governance entity pursuant to section 4.5(c).
3.0 COMMITMENT OF SOLID WASTE FLOW
AND DISPOSAL OBLIGATION
3.1 Title. This Part of the INTERIM AGREEMENT shall be. known as
the "Flow Control Covenant."
3.2 Commitment af Acceptable Waste. To the extent allowed by law,
each Member Agency agrees that the portion of its Acceptable Waste
designated in the execution section of this document shall be
delivered to the facility that the COUNTY reasonably designates.
For purposes of this agreement, a 50% commitment constitutes the
tonnage commitment for the respective cities as set forth in
Exhibit "A", until adjusted by the Interim commission. The Interim
Commission may review the tonnage commitment and revise the
apportionment.
2
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.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 3
.3.3 Acceptable Waste Defined.
a. "Acceptable Waste" is garbage, refuse, waste and other
matter which is legally acceptable at a Class III landfill pursuant
to California Code of Regulations Title 23, subchapter 15 or under
such laws or regulations as are in effect at the time of disposal
which is generated within its respective jurisdiction which, for
the COUNTY, consists of the unincorporated area. Except: waste
generated by a state or Federal governmental entity unless the
Member Agency has exercised control over such waste and chooses to
commit it; or waste generated by any person and transported or
disposed of by or on behalf of a self hauler hauling less than 50
tons per month. .
.
b. Each Member Agency shall have the right, without penalty,
to recycle (as defined at Public Resource Code ~ 40180) any solid
waste (as defined at Public Resources Code ~ 40191) by any means
selected by the Member Agency and any such recycled material shall
be excluded from the commitment otherwise made to the COUNTY by
this Flow Control Covenant. However, if the residue of the
recycling process which can legally be disposed of at a Class III
landfill exceeds five percent (5%) of such recycled material, such
process residue shall be returned to the System for disposal unless
exempted by the COUNTY.
.
3.4 Enforcement of Flow Control. To the extent allowable by law,
each Member Agency shall establish, implement and carry out a waste
flow enforcement program which is sufficient to assure compliance
with the Flow Control Covenant. This program may include to the
extent necessary and appropriate in the circumstances, but shall
not be limited to, (1) licensing, permitting or franchising
haulers (on an exclusive or nonexclusive basis), upon the condition
of compliance with the Flow Control Covenant, (2) adopting
ordinances or resolutions requiring compliance with the Flow
Control Covenant, and (3.) taking enforcement actions under any
such license, permit, franchise, ordinance or resolution. Direct
municipal collection of Accept~ble Waste shall not be required
hereunder unless all other available means and methods of enforcing
the Flow Control Covenant have been unsuccessful. If any event or
circumstance (including without limitation a change or adverse
interpretation of applicable law) impairs or precludes compliance
with the Flow Control Covenant by the means or methods then being
employed by the affected party, such party shall implement
alternative or substitute means and methods to. enable it to
lawfully satisfy the terms and conditions of the Flow Control
Covenant. If a change or interpretation in applicable law impairs
or precludes either party from complying with the Flow Control
3
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.
.
.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 4
Covenant by any means, such party shall use its best efforts, to
the extent practicable and subject to indemnification by the
COUNTY, to effectuate'executive, legislative or judicial change in
or relief from the applicability of such law so as to enable City
lawfully to resume compliance with the Flow Control Covenant as
soon as possible following such change or interpretation of
applicable law. Compliance by the affected party with its
obligations under this paragraph shall be deemed sufficient to
. satisfy the its obligation to enforce the Flow Control Covenant.
a. Power to Exercise Flow Control.
Each Member Agency represents that it has the right,
power and authority under existing applicable law to enter into,
comply with, implement and enforce the Flow Control Covenant. Each
party shall use good faith and best efforts to preserve, protect
and defend its right and power to enter into, comply with,
implement' and enforce the Flow Control Covenant in accordance
herewith against any challenge thereto, legal or otherwise
(including any lawsuits by or against such party, whether as
plaintiff or defendant) by any person based upon breach of
contract, violation of law or any other theory.
b. Consistency of Aqreements.
As soon as practicable after the Effective Date, all
licenses, permits, contracts, agreements, leases, franchises,'
ordinances and resolutions of the affected party which are lawfully
in effect with or pertaining to any person'relating to or affecting
Acceptable Waste shall, if and to the extent necessary, be amended
to provide explicitly that the affected party shall have the right
without material restriction to direct the delivery of the
committed Acceptable Waste in accordance with the Flow Control
Covenant. On and after the Effective Date, the affected party
shall not enter into, issue or adopt any license, permit, contract,
agreement, lease, franchise, ordinance or resolution which is
materially inconsistent with the Flow Control Covenant.
'.
3.5 COUNTY's Disposal Obliqation. In a manner that is economical,
fiscally sound and reasonably protects the environment, the COUNTY
agrees to dispose of the Acceptable Waste directed by Member
Agencies to the COUNTY under this Flow Control Covenant.
4
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.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 5
3.6 Disposal Charqes. The COUNTY may only charge a Memper Agency
for the disposition of Acceptable Waste by imposing a fee in an
amount that does not exceed the COUNTY's cost for providing such
disposal. All revenue, including interest earned thereon, from
disposal charges shail be placed in the Solid Waste Enterprise Fund
used only for solid waste purposes.
a. Tip Fee to Member AqencV. The Tip Fee charged by the
COUNTY for the disposal of Acceptable Waste within the System shall
be suff icient to fund the reasonable and necessary costs for
operation, management and financing of the System, including:
solid waste facility closure and post closure costs, solid waste
facility and mitigation fees. For the disposal of Acceptable Waste
the COUNTY shall charge all sources in the unincorporated area, and
shall charge a Tip Fee for waste delivered from a Member Agency.
(1)
Solid Waste Facilitv Fee.
.
(a) To the extent allowed by law, the COUNTY shall
charge a Facility Fee for waste delivered for
processing or disposal to a system facility. The
COUNTY shall pay-over the collected Facility Fee to
the City or COUNTY in the case of the
unincorporated area in whose jurisdiction the
facility is located to compensate the hosting
member for the reoccurring impacts of having the
facility within its jurisdiction. The Facility Fee
shall initially be set at an amount equivalent to
the appropriate percentage for the facility type
(as described below), as that percentage of the Tip
Fee in effect on January 1, 1993. Thereafter, the
Facility Fee shall be adjusted automatically and
concurrently with any increase in the Tip Fee, by
an amount equal to the percentage increase in the
Tip Fee but not greater than five percent (5%) of
the then current Facility Fee, whichever is less.
.
(b) Facility types and percentage of the Tip
Fee* (In effect on January 1, 1993):
o Landfill = 10% of Tip Fee ($2.80)
o Mixed Solid Waste Material Recovery Facility
= 7.5% of Tip Fee ($2.10)
o Transfer Station = 5% of Tip Fee ($1.40)
*For the purpose of the calculation in .this
section, the Tip Fee does not include the
Facility Fee or the Mitigation Fee.
5
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b.
.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 6
f
(c) If a jurisdiction. has more. than one
Facility at .the same location, or contiguous
location, it would receive the higher of the
applicable Facility Fees, but not more than
one Facility Fee.
(d) The Facility Fee for all future
facilities shall be the Facility Fee for that
type facility as of January 1,1993 with
adjustments as described in subsection (1),
above.
2.
Mitiqation Fee.
(a) To the extent allowed by law and commencing
July 1, 1993, the COUNTY shall impose a Mitigation
Fee for waste delivered to a system facility. The
Mitigation Fee shall be in an amount that is five
percent (5%) of the Tip Fee in effect on January 1,
1993. Thereafter, the Mitigation Fee shall be
adjusted automatically and concurrently with any
increase in the Tip Fee, by an amount equal to the
percentage increase in the Tip Fee or an amount not
greater than five percent (5%) of the then current
Mitigation Fee, whichever is less.
(b) Mitigation Fee funds shall only be used for
specific projects that correct a documented impact
arising from a system facility. Any City or the
COUNTY for the unincorporated area may apply to the
COUNTY for a share of the Mitigation Fee funds.
Mitigation Fee funds shall not be used for a
mitigation measure which is required for compliance
with the California Environmental Quality Act or
any other regulatory process. Moreover, any Member
Agency which is receiving a Facility Fee for a
particular facility will not be eligible to receive
Mitigation Fee funds for that same facility.
Economic Risk Surcharqe.
(1) To the extent allowed by law, in order to offset any
increased costs to the system and account for any
economic risks created by non-committed waste being
deposited into the system, COUNTY may impose an Economic
Risk Surcharge for the disposal of Acceptable Waste from
a non-signatory source or from a Member Agency in excess
of the portion of Acceptable Waste committed under the
Flow Control Covenant.
6 c2}/;2.~
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.
.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 7
(2) From gg[ty 1, 1993 to qg+y 1, 1994 the. surcharge
shall not eXceed fifty perceht(SO%) of the Tip Fee in
effect at the' time of the transaction, excluding the
Solid Waste Facility Fee and the Mitigation Fee, if any.
The criteria used to establish the Economic Risk
Surcharge include but are not limited to: capital
charges, the increased depletion rate of landfill
capaci ty and timing effects. Economic Risk Surcharge
funds shall only be used to pay for the costs of the
operation, management and financing of the disposal
system.
3.7 Protection of Flow Control Covenant. If any challenge raises
issues common to the Member Agencies under this ,Flow Control
Covenant, the COUNTY through the Solid Waste Enterprise Fund shall
indemnify and -hold harmless the affected party from the reasonable
costs, fees and expenses properly allocable to defending such right
and power. .
3.8, Expiration and Reversion of Flow Control Covenant.
a. Expiration. This Flow Control Covenant shall expire on
the first of any of the following to occur:
(1) No Bond Issue. As to all members, on May 31, 1994,
unless the COUNTY first relies on the Flow Control
Covenant in issuing bonds to finance the San Marcos
facility expansion and/or closure and to provide
financing for other solid waste projects in the
approximate amount of $60 to $100 million;
(2) Expiration of Term of Bond. As to all members, if
the COUNTY timely issues the bonds described above, the
Flow Control Covenant shall expire upon the expiration of
the term of such bonds or upon the refinancing of such
bonds, but in no event later than 20 years from the date
of the original bond issuance.
(3) Improper Charqe. As to affected members, if the
COUNTY imposes on a Member Agency a fee that is not
consistent with this Flow Control Covenant and after 60
days written notice from the Interim commission, COUNTY
,fails to adjust the fee so as to be in compliance with
this Flow Control Covenant and fails to refund or grant
a credit for any over-charges;
7
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.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for signature by Any or All cities
Page 8
,~4) Failure To Dispose. As to affected members, if the
COUNTY is unable to dispose of all of the committed
Acceptable Waste from the member and after 60, days
written notice from the Interim Commission County fails
to dispose of such waste; or
(5) Leqa1 Impossibilitv. As to affected members, if the
law precludes a member from directing the flow of
Acceptable Waste to the COUNTY.
b. Reversion.
(1) To Member.
Covenant to the
shall revert to
Upon expiration of the Flow
COUNTY, the member's commitment
'the committing member;
Control
of flow
(2) To Interim Commission. In the event that a
permanent governance entity is not established pursuant
to Section 4.5 (c) any flow committed to the Interim
Commission shall be retained by the Commission, as
allowed by law, otherwise to the Member Agency.
(3) To Permanent Entitv. If a permanent governance
entity acceptable to the Interim Commission is
established pursuant to section 4.5 (c), the member's
commitment of flow shall be assigned to that permanent
entity on the terms specified in the document creating
the permanent entity.
3.9 continuation of Interim commission. Notwithstanding section
2.2 hereof, the Interim Commission established in Part 4 shall
continue to exist so long as is necessary to accomplish the
purposes of Part 3.
\
3.10 Flow Commi tment to Interim commission.
Interim commission shall be subject to the
the Member Agencies:
Flow commitment to the
following covenants of
,
a. The commitment shall be for the same term of the initial
commitment made to the COUNTY.
b. The COUNTY shall dispose of the commitment to the Interim
Commission without surcharge until Hay 31, 1994.
c. In the event that a permanent governance entity is
established pursuant to section 4.5(C), the flow committed to the
Interim Commission shall be assigned to that entity. In the event
that such an entity is not established, the Interim commission
shall retain the commitment.
8 .2/<21
.
.
.
APPROVED
Amend~d
I
BY STEERING COMMITTEE, 11 May 1993
for Signature by Any or All cities
Page 9
3.11 A11eqation of Breach. In the event that a Memper Agency
alleges that another Member Agency has breached any part of this
Part 3 or section 4.6 the dispute shall be submitted to the Interim
Commission; the determination of the Interim Commission shall
constitute a rebuttable presumption of compliance with or breach of
such part or section.
4.0 ESTABLISHMENT OF Interim commission
4.1 Establishment. There is hereby established the Interim
Commission to accomplish the purposes set forth herein.
4.2 composition. The Interim Commission shall consist of one
commissioner from the County of San Diego who shall be a
Supervisor; one commissioner from each member city who shall be a
mayor or councilperson: and one ex-officio commissioner from the
City of San Diego who shall be a mayor or councilperson.
Commissioners shall be' appointed by their respective governing
bodies which may also appoint an alternate commissioner.
4.3 Procedures. The Interim commission shall be subject to the
Ralph M. Brown Act (Gov. Code~~ 54950 et ~) and shall adopt
regulations to govern its internal operation.
a. A Chairperson and Vice-Chairperson shall be chosen by the
Interim commission.
b. The Commission shall meet at least once each month on the
Commission's established regular meeting date.
c. Special meeting~ may be called at the request of three
commissioners with a minimum of 72 hours notice to all members
of the Interim commission.
d. A majority of the commissioners shall constitute a
quorum.
e. Actions shall be determined by a majority vote of the
commissioners, based on one vote per Member Agency. The
Interim commission may amend this document to establish
procedures for a "Weighted Vote."
4.4 Staff for Interim Commission.
such county administrative staff
Commission. The Interim commission
staffs of the members.
The COUNTY agrees to provide
as requested by the Interim
may request assistance from the
9
;2/~25'
.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 10
4.5 Role of Interim commission.
a. Advice. The Interim commission shall provide advice to
the Board of Supervisors of the COUNTY on the following matters
that concern solid waste facilities, operation, rates and
financing: capital projects in excess of $50,000, disposal
alternatives if the San Marcos site is ~losed, other disposal
options, outside-county disposal, intra-county transfer of solid
waste and Tip Fees.
b. Notice and Opportunity to Advise. Before considering a
solid waste matter listed in section 4.5 (a), the COUNTY will
. provide to the Interim Commission a full staff report on each solid
waste matter to be addressed by the COUNTY's Board of Supervisors;
in sufficient time for the Interim Commission to consider the
matter on the agenda of the Interim Commission's regular meeting.
The COUNTY is not required to comply with this process when an
emergency condition must be addressed and there is insufficient
time for compliance. In the event of such emergency, the COUNTY
shall provide a staff report to an Executive Committee appointed by
the Interim Commission.
. c. Develop Permanent Governance Entitv. The Interim
Commission shall consider alternative organizational structures,
including a joint powers agreement, for exerting a unified effort
to accomplish regional, solid waste objectives. No later than May
31, 1994, the Interim Commission shall develop a permanent
governance entity designed to maximize the members' collecti ve
strength in pursuing their interests in disposing of solid waste.
The permanent governance entity:
(1) Shall include all participating cities and the
COUNTY;
(2) Shall be empowered to contract for solid waste
processing and disposal; .and
(3) May be empowered to (a) take over and operate the
COUNTY facilities, (b) create new facilities and (c)
contract with outside providers.
d.
provide
Interim
Acceptable Waste DisPosal. The Interim commission shall
for disposal of. Acceptable Waste flow committed to the
commission. 2
.
10
.)./~2t
.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 11
4.6 Attainina SUb-Reaional Disposal Ob;ectives. During the term
of this INTERIM AGREEMENT, the COUNTY and the other Member Agencies
agree:
a. Process. To plan and implement the objective of
providing facilities to meet the waste disposal needs of the
var10US sUb-regions of. the county of San Diego, without
unreasonably impacting another sub-region in an adverse manner..
Any dispute shall be resolved by the Interim Commission in
accordance with section 3.11.
b. North County Disposal option. The County will use its
best efforts to provide a North County disposal option.
c. waiver of Geoaraphic Ob;ection. On condition that the
covenants set forth in section 4.6(a) and (b) are being performed,
not to object, on the basis of geographic origin, to the direction
of Acceptable Waste to any facility.
5.0 MISCELLANEOUS PROVISIONS
. 5.1 withdrawal.
a. Procedure. If any Member Agency requests to withdraw
from this INTERIM AGREEMENT, the Interim Commission shall calculate
the impact on the system of such agency's withdrawal taken in
conjunction with all other members desiring to withdraw, and shall
thereafter formulate, in negotiation with all such agencies, a set
of final terms and conditions for early withdrawal which will
become effective upon approval of the Interim commission.
b. Limitation On withdrawal Charqes/Penalties. There shall
be no charge or penalty imposed on the withdrawing Member Agency if
the reason for withdrawal is the expiration of the Flow Control
Covenant as to the withdrawing member.
c. Survival.
section 5.1 shall
survives.
Notwithstanding
survive as long
section 2.2 hereof, this
as the Interim Commission
5.2 Notices. All notices, demands or requests pursuant to this
INTERIM AGREEMENT shall be in writing. All notices, demands and
requests to be sent to any member shall be deemed to have,been
properly given or served:
a. On the date of actual personal service; or
.
11
)/--027
.
.
.
APPROVED BY STEERING COMMITTEE, 11 May 1993.
Amended for Signature by Any or All cities
Page 12
b. On the date actually received, if deposited in the United
States mail, addressed to such party at the address of the Member
Agency's regular meeting chambers, or other address designated by
the Member, postage prepaid, registered or certified, and with
return receipt requested.
5.3 Non-Severabilitv. In the event that a substantive provision
of this INTERIM AGREEMENT shall be determined to be invalid,
illegal, or unenforceable in any respect, the parties hereto shall
negotiate in good faith such amendments, modifications, or
supplements to this INTERIM AGREEMENT or such other appropriate
action as shall, to the maximum extent practicable in light of such
determination, implement and give effect to the intentions of the
parties as reflected herein. If negotiations in good faith fail,
the INTERIM AGREEMENT, including the Flow Control Covenant, is
terminated.
5.4 Waiver of Breach. No breach of any provision herein can be
waived unless in writing. Waiver of anyone breach of any
provision herein shall not be deemed to be a waiver of any other
breach of the same or other provision hereof.
5.5 Remedies. All Parties hereto shall have the right to commence
any action at law or equity, including specific performance, to
remedy a breach of the terms herein, provided that neither Party
shall have the right to terminate this Agreement except as provided
herein.
5.6 No Third Party Riqhts. There are no third party
beneficiaries of this Agreement. No action may be commenced to
enforce this Agreement, except by a Member Agency.
,.
5.7 Counterparts. This
counterparts.
document
shall
be
executed
in
12
.)/-27
.
.
.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 13
IN WITNESS WHEREOF, the parties have signed this INTERIM
AGREEMENT as of the dates set forth.
COUNTY OF SAN DIEGO
committing 100% of its
Acceptable Waste flow
Date:
CITY OF LA MESA
committing % of its
Acceptable Waste flow.
Date:
By:
By:
SUPERVISOR
MAYOR
ATTEST:
ATTEST:
CLERK
CITY CLERK
CITY OF CARLS BAD
committing % of its
Acceptable Waste flow.
Date:
CITY OF LEMON GROVE
committing ___% of its
Acceptable Waste flow.
Date:.
By:
By:
MAYOR
MAYOR
ATTEST:
ATTEST:
CITY CLERK
CITY CLERK
CITY OF CHULA VISTA
committing % of its
Acceptable Waste flow.
Date:
CITY OF NATIONAL CITY
committing % of its
Acceptable Waste flow.
Date:
By:
By:
MAYOR
MAYOR
ATTEST:
ATTEST:
CITY CLERK
CITY CLERK
13
02 / ~.2; / 2/ ~ 31
.
.
.
.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 14
CITY OF CORONADO
committing % of its.
Acceptable Waste flow.
Date:
CITY OF OCEANSIDE
committing % of its
Acceptable Waste flow.
Date:
By:
By:
MAYOR
MAYOR
ATTEST:
ATTEST:
.0
CITY CLERK
CITY CLERK
CITY OF DEL MAR
committing % of its
Acceptable Waste flow.
Date:
CITY OF POWAY
committing % of its
Acceptable Waste flow.
Date:
By:
By:
MAYOR
MAYOR
ATTEST:
ATTEST:
CITY CLERK
CITY CLERK
CITY OF EL
committing
Acceptable
Date:
CITY OF SAN MARCOS
committing % of its
Acceptable Waste flow.
Date:
CAJON
% of its
Waste flow.
By:
By:
MAYOR
MAYOR
ATTEST:
ATTEST:
CITY CLERK
CITY CLERK
14
~)----30
.
.
.
APPROVED BY STEERING COMMITTEE, 11 May 1993
Amended for Signature by Any or All cities
Page 15
CITY OF ENCINITAS
committing % of its
Acceptable Waste flow.
Date:
CITY OF SANTEE _
committing % of its
Acceptable Waste flow.
Date:
By:
By:
MAYOR
MAYOR
ATTEST:
ATTEST:
CITY CLERK
CITY CLERK
CITY O~ ESCONDIDO
committing % of its
Acceptable Waste flow.
Date:
CITY OF SOLANA BEACH
committing % of its
Acceptable Waste flow.
Date:
By:
By:
MAYOR
MAYOR
ATTEST:
-ATTEST:
CITY CLERK
CITY CLERK
CITY OF IMPERIAL BEACH
committing % of its
. Acceptable Waste flow.
Date:
CITY OF VISTA
committing % of its
Acceptable Waste flow.
Date:
By:
By:
MAYOR
MAYOR
ATTEST:
ATTEST:
CITY CLERK
CITY CLERK
15
.1)/3/ ,if
.
.
.
ATTACHMENT "A"
CITY WASTESTREAM COMMITMENT*
Member Aqencv
Chula vista
oceanside
Escondido
EI Cajon
Vista
Carlsbad
National city
Encinitas
La Mesa
Santee
poway
San Marcos .
Imperial Beach
Coronado
Lemon Grove
Solana Beach
Del Mar
Waste Tons
82,399
80,450
65,566
52,430
44,028
38,149
34,065
32,844
31,399
31,289
26,371
24,854
15,767
15,503
14,327
7,663
2.875
600,000.
* Calculation utilizes July 1992 population figures as
approved by SANDAG
c1 / / 32
.
.
.
Attachment 2
Long-Term Disposal Alternatives
(Analysis prepared by city staff of San Diego County cities
and supplemented by comments from County staff.)
There are a number of possible alternatives currently being
discussed around the County although none will be available by July
1, 1993. In addition, these options may not offer reliable
alternatives in the near future (particularly to South Bay cities)
because of varying degrees of location, project completion,
environmental obstacles, or commitment limitations. It is
important to note that these options are independent of the Citv's
choice for a solid waste orqanizational structure.
The following brief description of some alternatives and their
strengths and weaknesses has been compiled from the experiences of
other cities in the County:
1) Rail haul to Utah- A recent offer to haul waste by rail
from the North County to a private landfill in East Carbon, Utah is
currently being reviewed by a coalition of North County cities. It
is a newly developed landfill with about 190 million cubic yards of
capacity.
(
STRENGTHS:
-Willing to
contracts.
term
into
long
enter
-Also offers opportunity to purchase
capacity.
WEAKNESSES:
-East Carbon Development Corporation
(ECDC) declines to quote comparable
tipping fees and transport costs without
formal negotiations. .
-More information would be needed about
the viability of hauling waste from South
Bay, i.e. rail availability, transfer
station, etc.
"
COUNTY
CONCERNS:
-No known guarantees.
-Serious questions regarding liability:
ECDC currently accepting contaminated
soil from San Francisco.
-Changes
Carbon or
impact.
to local acceptance in East
to Utah law could have negative
.;/<JJ
~dJ
.
.
.
2
COST:
-Without RFP, difficult to accurately
,predict. Estimated by City of Oceanside
at $58.47/ton for FY 94-95. If this is
reasonable base' cost for Chula Vista, it
does not include transfer and transport
costs from South County.
2) Campo Indian Reservation- This is planned as a 600 acre
landfill on the Campo Indian Reservation and is a joint effort
between the Campo Band of Mission Indians, Mid-American Waste
Systems, Inc. and North American Recycling Corp. It will have a
total capacity of 40 million cubic yards and will be able to accept
3,000 tons of waste per day for more than 30 years.
There is rail and truck access, and construction will begin soon.
However, there is a strong possibility of litigation from area
residents over groundwater contamination which may delay the
availability of the facility, currently expected to be within the
next 12 to 18 months.
STRENGTHS:
-Of all facilities outside the County
system, this is the most easily
accessible location for South Bay cities.
WEAKNESSES:
-Projected tip fee information is not
available so it is difficult to compare
disposal, transfer and transport costs at
this time. (Transfer station costs would
need to be added into the cost.)
-Stability of contractual services on
Federal reservation would be of concern.
COUNTY
CONCERNS:
-Impact on water and air quality.
COST:
-Unknown.
3) Eaqle Mountain, Riverside Countv- This proposed landfill
at the former Kaiser Steel mine is presently in the State
permitting process and is not expected to be available for at least
two years, assuming environmental concerns and threatened
litigation are overcome. It is the largest proposed disposal
facility in Southern California with an estimated capacity of 700
million tons. That capacity would provide 100 years of projected
regional disposal capacity at 20,000 tons per day.
STRENGTHS:
-Would provide adequate long-term
disposal capacity in Southern California,
for Chula Vista and/or cities in San
Diego County.
~1/3r
vI."
1/
/
.
.
.
3
WEAKNESSES:
-Needs system of MRFs and transfer
stations located on or near rail lines
and direct rail routes do not currently
exist from the county.
COST:
-Unknown at this time.
4) Rail Cvcle to San Bernardino Countv- This is a proposal
to site a landfill in Amboy which has not yet been approved by San
Bernardino County and would probably be about one to two years.
behind Eagle Mountain's schedule. The landfill has a 360 million
ton capacity. It would involve a comprehensive waste management
system including MRFs to be constructed along or near existing rail
lines, with waste residue from the MRFs transported by rail to the
disposal site approximately 225 miles from Los Angeles.
STRENGTHS:
-Would provide adequate long-term
disposal capacity in Southern California.
WEAKNESSES:
-Currently no planned transfer system to
allow cost-effective transport from South
Bay.
COST:
-Unknown at this time.
5) Oranqe Countv- The Prima de Sheca landfill located in San
Juan Capistrano has an extraordinary lifespan. Orange County
officials are actively seeking imported waste from the Los Angeles
area although current ordinances prohibit. the acceptance of out-of-
county waste. The Board of Supervisors will consider a proposal in
April 1993 to amend the law and allow the acceptance with payment
of $10 per ton host fee. Several North County cities have
seriously pursued this alternative.
STRENGTHS:
-Current disposal availability.
WEAKNESSES:
-Lack of transfer system to make this an
immediately available and cost-effective
opportunity for South County.
-Present indication is that only short-
term (i.e. five year) contracts will be
solicited.
-Possible' problem of cities along the
route contesting.
-Air pollution issues in the Los Angeles
basin.
c2/---Yc;
4
.
COST:
-Current tip fee is $23 per ton. Added
costs would be $10 per ton host fee, as
well as direct haul transport and/or
transfer costs. For comparison purposes,
short-term direct haul trucking costs
from North County are estimated at an
additional $16 per ton. Total South
County costs would likely be higher than
this $49 per ton estimate.
.
.
))~3~
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06/18/93
'a619 748 1455
I.
CITY OF POWAY
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12:42
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RESOLUTION NO. 93-089
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF POWAY, CALIFORNIA
APPROVING AN AMENDED SOLID WASTE
INTERIM PARTICIPATION AGREEMENT
, WHEREAS, The City Council of the City 'of Poway desires to approve the
Solid Waste Interim Pa~ticipation Agreement-which,was approved as amended by
the Board of Supe~visors of the County of Sun Diego on June 1, 1993; and
WHEREAS, the City Council previously approved a similar ag~eement on
condition that all 17 cities in the County of San Diego approved the same
agreement; and .
WHEREAS, the Solid Wast~ Interim Participation' Agreement approved as
, ' amended by the Bo~rd of Supervisors on June 1, 1993 provides that fewer than
all 17 City Councils may approve the agreement, and those apprOVing will be
bound thereby; anq
, WHEREAS, th~ City Council of the City of Poway is prepared to become a
party to the amended Sol id Waste Participation Agreement in which fewer than'
all 17 cities join with the understanding that the bonding referred to in
Paragraph 3.8(a) (1) will not issue unless a majority of the Interim
Commission approv~s the is~uance of such bonding.
NOW, THEREFQRE, THE CITY COUNCIL OF THE CITY OF POWAY HEREBY FINDS,
RESOLVES, DETERMINES AND ORDERS AS FOLLOWS: '
!
The ~olid Waste Interim Participation Agreement approved as
amended by the Board of Supervisors of the County of San Diego'on
June 1, 1993, is hereby approved and the Mayor and City Clerk are
authorized ~o execute the same committing 50% of the ,Acceptable
Waste flow of the City of Poway. This approval is g~anted upon
the understanding that the bonds referred to in Paragraph 3.8(a)
(1) thereof shall not issue except with the concurrence of a
majority of the members of the Interim Commission.
PASSED, ADO~ED AND APPROVED by the City Council of the City of Poway,
California at a r~ular meeting thereof this 15th day of June' 1993.
,- D~~~~~-
ATTEST:
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COPY "lei. . .
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June 17, 1993
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Mayor Tim Nad~r.,,:__,,:_,
City of Chula Vista
. Via FAX: 691.5171
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Re: Inl.enm Solid Waste Participation Agreement
Dellr Muyor Nader:
A~ you arc aware the County of San Diego has askcd thai all the cities in Ihe region decide
whether to join the County's solid wllste syswm by lune 22, 1993 or he suhject to a
significant surcharge until that city Icaves the syswm or decides 10 rej()jn the syslem if
permitted by the existing members. Ohviously, .making a decision underlhis set of
cireum8tance.~ and uncertainties is difficult at best. J am unconvinccd thai Ihis ultimatum is
the only or besl way 10 resolve the impending funding shl'.n fall of the solid waSlll system.
Many other options are stil1 available thllt would allow for the system 10 continue to operate
while pennitting the regions citie~ and tlw County 10 make an inl"ormed decision liS to the
hc.~t way III provide for its long lerm solid waste needs. These oplions int:iudc a pay as you
go system unlil an equitable agreemenl clIn he developed or modifying the l'rorosed
agreemcnt for a length or 7 years (the proposed life of the San Marcos landfill expansion)
with lIn additional requiremenl to decide whclhl!r to commit 10 the system long Illrm within
the next 12 mllOlhs. This would give Ihe County the ahility 10 fund the San Marcos
expansion while allowing the cilies time to make IIn inf'ormtld decisiun as to whether to
continue in Ihe system at the end of Ihllir 7 year c\,mmitmcnt.
However, Ihis can only occur if Ihe COUnty Board of Supervisors agrCII~ III continuc
.. diseus~ions with the regions cities. I would !:ncourllge you 10 contacl your Surcrvisor as
SIHlO as possihle lInd requl!.~t Ihal the impending deadline be removcd and thc.~c discussicins
. LAkll place. UlIimlllcly, if the currcnlllystcm prove~ III be Ihe must eellnllmical approach III
handling solid waste, a~ the Board contends. then thai will he the !:vcntual delcrminatiun hy
the cities als(). Thc Board should nOl look at this as anolher tlday so cities clln Ieaw Ihe
syslem hut ralher liS wily to keep ull cities in a system thai call Wllrk tllgclher cOllpcl'alively.
By imposing Ihis deadline Ihe Board appears 10 no lungeI' wanl to preserve a long IeI'm
system wide l1ppronch III solid wa.~te bul rather is mM': inlcresWd in oblaining the necessary
lIInnage eommilment from cities to m~et its short lerm funding requircmellls.
Understandably. "hon term funding requirements of' the system must he met. however. it
,docs nOljuslify a Iwenty year commitmenllo II syslem III' undetermined representation.
I do believe that most If not all the cities in the region will ultimately surport a region wide
approach to solid waste management. BUI this will only occur if lhtl cili~s and County work
logether in mectinll each ()Iher ncOOs buth in the short and long lerm. .
I will be contw;!i,ng t.I:Ie Board of SuperviSQrs regarding Ihj~ requcM and hope that )'ou will do 1)-3~
the samlll. PleaAe call me if you have any questions re~lIrdinl! mv position nn Ihi~ "'~"Ar =<
.e:h.~t;:._,y~:;::,:,:.>*
r_-;-,~;gl'l
COUNCIL AGENDA STATEMENT
ITEM
';<,<
MEETING DATE June 22. 1993
ITEM TITLE: Report on potenti a 1 changes to the Ci ty' s General and Sexual
Harassment Policy.
SUBMITTEO BY: DIRECTOR OF PERSONNEl~
REVIEWED BY: CITY MANAG~ (4/5th Vote: Yes___ NO~
At its meeting of February 9, 1993 the City Council amended Council Policy #662-
05 resulting in the existing "General and Sexual Harassment Policy" (Attachment
D). This was done as a result of enactment of the Federal Americans with
Disabilities Act of 1990 and amendments to the California State labor Code
1102.1. Since then several significant issues have been raised with regard to
that policy that may justify revisions to the City's policy.
RECOMMENDATION: That Council provide instructions to negotiators to meet and
confer with emp 1 oyee associ at ions regardi ng the attached potent i a 1 changes to the
General and Sexual Harassment Policy.
BOARD/COMMISSION RECOMMENDATION: NONE
DISCUSSION:
Management staff is extremely sensitive to issues surrounding all forms of
di scri minati on and harassment, and has spent cons i derabl e time revi ewi ng
potent i a 1 changes to the General and Sexual Harassment Pol icy to make. it more
effective. Specific issues that have been raised centered around insuring that:
. 1) complaints are acted upon quickly; 2) investigations are thorough and fair;
3) open lines of communication are maintained throughout the process; 4) all
part i es are treated wi th respect and confi dent i a 1 i ty ; and 5) management conti nues
to take all possible measures to stop future harassment and discrimination.
The aforementi oned issues were di scussed at length by Seni or Management staff and
the City Attorney and those discussions have resulted in a proposed pol icy
(Attachment A), an outline of a Formal Complaint Procedure (Attachment B) and a
proposed Code of Conduct (Attachment C) that is presented to the Council for
instructions to negotiators prior to the meet and confer process. Specific
changes in the proposed policy include:
. Changing the name of the policy to "Discrimination and Harassment Policy"
to avoid confusion as to what the policy covers.
. Adding "marital status" to the list of protected classes throughout the
policy. (Attachment A - Page 2)
. Adding definitions of "discrimination", "Quid Pro Quo", and "hostile work
environment". (Attachment A - Page 2)
. Providing an expanded list of sexual harassment examples. (Attachment A
Page 2-3)
0'(;1- /
,.
.
. Creating'a separate section on discipline that includes acts that can be
expected to result in termination. (Attachment A - Page 3)
. Adding a disclaimer for providing legal defense for violators of the
Policy. (Attachment A - Page 3)
. The addition of a "Supervisory Conduct" section that includes acts that
can be expected to result in demotion or termination. (Attachment A - Page
3)
. Adding specific language to the effect that the complainant does not have
to confront their harasser before filing a complaint. (Attachment A - Page
4)
. More clearly describing how to initiate a complaint. (Attachment A - Page
4)
. Adding a separate section regarding Retaliation. (Attachment A - Page 4)
. Adding the suggestion of mediation in the informal process. (Attachment A
- Page 5)
. An outline for a revised formal complaint procedure is provided
(Attachmen~ B) which includes:
. Creation of an Oversight Panel. (B-1)
. Creation of an Investigative Coordinator role. (B-1)
. Alternative methods for appointing 1 to 3 investigators with
involvement of the complainant and accused. (B-2)
. Establishing timetables for each formal complaint. (B-1, B-2 and B-4)
. Creation of a Harassment and Management Practices Advisory Committee.
(B-3)
. Outlining a sequence of events/timetables. (B-4)
. Providing for alternatives for key parties if they are a direct party
to the complaint. (B-5)
. Creat i on of a "Code of Conduct" regardi ng conduct re 1 ated to the comp 1 a i nt
process (Attachment C).
These potential changes to the Policy are intended to clarify and strengthen the
pol icy.
It is anticipated that after discussion of the proposed Policy by Council and any
needed follow-up to changes suggested, management would proceed to meet and
confer with CVEA, IAFF, POA and WCE and to obtain input from the Unrepresented,
Middle Management, and Executive Management groups. Subsequently a new policy
will be presented to City Council for adoption.
;FISCAL IMPACT: None by this action. An effective policy should help insure that
.City employees can perform their duties efficiently and effectively, and should
also help avoid potential liability.
>>- ,;J..
Attachment A
PROPOSED
CITY OF CHULA VISTA
DISCRIMINATION AND HARASSMENT POLICY
POLICY DISCUSSION
The City of Chula Vista is committed to maintaining a workplace environment free from all forms of
discrimination and harassment including sexual harassment; therefore, this written policy statement has been
developed to inform employees and supervisors regarding the legal and moral parameters of harassment
and discrimination. Harassment and discrimination is not only illegal,' it creates a negative work
environment that reduces productivity and morale, undermines the integrity of the workplace and destroys
professionalism. It is the legal 'right of every employee to be able to work in a place that is free from
discrimination and harassment. It is the duty of all employees to abide by this policy and the duty of all
supervisors and managers to implement this policy to avoid unnecessary legal and personal conflicts.
POLICY STATEMENT
It is the policy of the City of Chula Vista that no officer, supervisor or employee shall engage in discrimination,
including harassment, based on an employee's age, race, national origin, religion, color, creed, disability, sex,
. marital status and/or sexual orientation. The employees of this city have the right to work in a discrimination
and harassment free work environment.
HARASSMENT
Harassment is defined as unsolicited and unwelcome behavior based on a protected class such as race,
religion, color, sex, national origin, creed, disability, marital status, age, or sexual orientation which can be,
but not limited to, written, verbal, visual or physical behaviors. These behaviors can be directed ,at a specific
employee or their family members(s). These behaviors can also be directed at one individual but offend
anotl:1er. Or these behaviors may not be directed at any individual in the workplace but their presence is
offensive to one or more co-workers. Such behaviors include:
1. Verbal harassment, e.g., epithets, derogatory comments, slurs, jokes or degrading words used to
describe an individual or group in a protected class;
2. Physical harassment, e.g., assault, unwanted touching, impeding or blocking movement, or any
physical interference with normal work or movement;
3. Visual forms of harassment, e.g., derogatory posters, cartoons or drawings;
, 4. Excluding or ostracizing an employee based on race, religion, color, sex, national origin, creed, marital
status, disability, age and/or sexual orientation.
1 The legal framework for which the Courts have based their decisions regarding harassment are founded upon Federal
and State Laws entitling citizens to civil rights. Specifically, Title VII of the Civil Rights Act of 1964. Section 703, the Americans with
Disabilities Act of 1990 and California Government Code Section 12940 & 12921, Labor Code Section 1102.1, and other pertinent
references clearly state ~hat harassment including sexual harassment, which is 8 form of discrimination, is in violation of an individual's
civil rights; therefore, lIIega1. The impact of enforcement of these laws has mandated employers to develop, implement, and enforce
progressive policy statements prohibiting harassment in order to receive funding and/or avoid costly litigation proceedings.
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DISCRIMINATION
Discrimination in the work environment is defined as treatment of an individual that is different from their co-
workers because they are a member of a protected class Le., race, religion, color, sex, national origin, creed,
disability, martial status, age or sexual orientation. For example, if an individual is not given the same work
assignments, promotional or training opportunities because they fall into one or more of the protected
classes, these actions may be considered discriminatory.
SEXUAL HARASSMENT
Sexual harassment is a violation of Section 703 of Title VII of the Civil Rights Act of 1964 and the State of
California Government Code Section 12940. Unwelcome sexual advances, requests for sexual favors, and
other verbal, visual or physical conduct of a sexual nature constitute sexual harassment when:
1. Submission to or rejection of such conduct is made explicitly or implicitly as a term or condition of an
individual's employr;nent (Quid pro quo); or
2. Submission to or rejection of such conduct by an individual is used as the basis for employment
decisions affecting that individual (Quid pro quo); or
3. Such conduct affects or has the potential to affect an individual's work performance or creates an
intimidating, hostile, or offensive working environment. (Hostile work environment)
For the purpose of further clarification, sexual harassment may include but is not limited to:
1. Sexually suggestive or obscene letters, notes, or invitations.
2. Sexually derogatory comments, such as sexual jokes, remarks, questions, teasing, leering, gestures.
3. Unwelcome touching, patting, pinching, impeding or blocking movement.
4. Sexually suggestive objects, such as pictures, cartoons, posters.
5, Continuance of expressing a social/sexual interest after being informed that the interest is unwelcome.
6. Requesting sexual favors as a condition of employment.
7. Physical acts of abuse such as rape, attempted rape or sexual assault.
8. Engaging in implicit or explicit coercive sexual behavior which is used to control, influence or affect
the career, salary and/or work environment of another employee.
9. Engaging in harassment of an employee due to sexual orientation.
Whether an ,alleged action constitutes sexual harassment will be determined on a case by case basis by
assessing the entire record and the totality of the circumstances. Such factors, as the nature of the sexual
advances and the context in which the alleged incidents occurred, will be considered in assessing the
allegations and in determining the appropriate resolution.
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Sexual Harassment does not refer to occasional compliments of a socially acceptable nature. It refers to
behavior that is not welcome, is personally offensive, and creates an intimidating or offensive work
environment.
Whether harassment occurs depends not on whether the act was intended to cause harm but the effect
of the act on the individual's employment or work environment. For example, a work environment which
is characterized by sexual teasing, sexual jokes and innuendo may be an offensive and hostile work
environment to an individual even though the harasser intended such action to merely be "good fun".
DISCIPLINE
The City of Chula Vista will enforce disciplinary action up to and including termination against any employee
who violates this policy. This discipline can be expected to include termination without significant regard to
the absence of prior instances of past similar behavior, previous work history or length of service for any
employee determined to have committed acts including but not limited to: rape, physical molestation, or
intentional and inappropriate exposure of genitalia.
The City believes that any harassing, discriminatory or retaliatory behavior is outside the scope of
"
employment and will not provide a legal defense for the employee who has been found to violate the City
of Chula Vista Discrimination and Harassment Policy.
SUPERVISORY CONDUCT
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COMPLAINT PROCESS
If an employee believes that they have been subject to any form of harassment including sexual harassment
or are being discriminated against based on the State and/or Federal laws previously cited, they have the
right to file a formal or informal complaint. The City's formal and informal complaint procedures are
described below, as well as the method of filing a complaint with the State .of California.
Prior to filing a complaint, an employee who believes that they are being harassed or discriminated against
as outlined by this policy, may want to acknowledge to the harasser that their behavior.is offensive, unwanted
or derogatory. In many cases this will stop the offending behavior and help educate the harasser about the
impact or results of his/her actions. Under no circumstances, however, is an employee who believes they
are being harassed or discriminated against required to confront his or her harasser. An individual who
believes they are being harassed or discriminated against may immediately utilize the complaint procedure
without acknowledging to their harasser the offensive behavior.
EMPLOYEE RIGHTS
An employee has the right to file a complaint of discrimination with the California Department of Fair
Employment and Housing whether or not they have filed a complaint with the City. Complaints must be
made within (1) one year of the harassment or discriminatory event. To file a complaint, either call (619) 237-
7405 or file a complaint in person at 110 West "C" Street, Room 1702, San Diego.
RETALIATION
The complainant, as well as other employees who support the complainant, are protected against retaliatory
action stemming from the complaint. Those employees who retaliate will be subject to disciplinary action.
Examples of retaliation may include but are not limited to ostracism; denying promotion, training or
assignment opportunities; assignments that are punitive or impossible; being treated differently in terms and
conditions of employment, or applying disciplinary standards in an uneven manner.
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COMPLAINT PROCEDURE.
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INFORMAL PROCEDURE
The allegation of discrimination or harassment should be discussed with any of the following at the
complainants choice: the complainant's supervisor, Department Head, the Director of Personnel, Assistant
Director of Personnel, a Deputy City Manager or the Assistant City Manager. Whoever receives the initial
complaint from an employee must inform Personnel of the complaint. The complainant's supervisor, and/or
department head, as long as they are not party to the complaint, shall be informed and meet with the
complainant in an attempt to resolve the complaint at the departmental level. Informal mediation may be to
be considered at this time. The complainant shall also have the option to request Personnel to attempt to
resolve the complaint at the informal level. The complaint should be filed within a reasonable period of time
from when the incident or action affecting the employee occurred. The complainant may initiate the formal
procedure at anytime and does not need to file an informal complaint before filing a formal complaint.
FORMAL PROCEDURE
See Attached outline.
REFERENCES
. Title VII 01 the Civil Rights Act of 1964, Section 703
EEOC Final Guidelines
California Administrative Code, Title 2, Section 7282.6
California Government Code 12940, 12921, and 11135
Americans with Disabilities Act, 1990 (Effective January 26. 1992)
labor Code 1102.1
Age Discrimination in Employment Act - 1987
WP:DIS&HARPOL
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Attachment B
PROPOSED
OUTLINE OF FORMAL COMPLAINT PROCEDURE
I. Creation of an Oversight Panel.
A. Membership.
1. One representative from the following: IAFF, POA, WCE, CVEA,
Unrepresented, Mid-Management, Executive Management, City Manager's
Office, City Attorney's Office, and one appointee of the City Council.
2. A member cannot historically or currently ever be in violation of the
Discrimination and Harassment Policy.
B. Term.
1. 1 year (fiscal) with a 2 term limit within a 5 year period.
C. Duties of Oversight Panel.
1. Approve on an annual basis (more frequently if needed) a panel of
investigators (contractors and/or City employees) who have the appropriate
background and training.
2. Review an annual statistical report and provide comments to the City
Manager with copies to Mayor and Council regarding the number of
complaints, types of claims (sexual harassment, age, race, etc.), the time
it took from the point where a complaint was filed to the point where the
City Manager makes his/her determination regarding whether a violation of
the policy occurred.1
3. Recommend training in any areas that the Discrimination and Harassment
Policy covers.
D. Life of Oversight Panel.
1. On an annual basis the Oversight Panel should recommend whether their
services should continue another year.
II. Create an Investigative Coordinator role.
A. Appointment
1 See Footnote on page 8-5.
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1. The City Manager will appoint a City employee as the investigative
coordinator unless, due to the extenuating circumstances of a particular
complaint, a contractor would be a better choice.
2. Each complaint may have a separate investigative coordinator.
B. Duties of the Investigative Coordinator.
1. Assist the City Manager in selecting an investigator(s) by discussing the
options with the complainant and the accused.
2. Be primary contact for complainant, explain the process and the policy,
inform the complainant of who the investigator will be, and provide an
approximate time-table for the investigation and final determination.2 Keep
the complainant up-to-date on general status of complaint (weekly basis).
3. Be the primary contact for the accused, inform him/her of the accusations
in general terms and who will be the investigator, and provide an
approximate time-table for the investigation and final determination.
4. Inform the complainant and the accused of the Code of Conduct.
5. Accept complaints of retaliation from complainant and/or
witnesses/supporters. Initiate investigation of retaliation via Department
Director or higher authority. .
6. Coordinate and assist investigators so they may conduct the fact finding in
an expeditious manner.
III. Method of Appointing Investigators.
A. One to three investigators may be utilized depending on the circumstances.
B. The complainant and the accused may opt for anyone of the three following
processes. If they can not concur on the process, option three will be
implemented. The Investigative Coordinator appointed by the City Manager will
coordinate the process.
1. The complainant and the accused may request the Director of Personnel
to investigate the complaint; or
2 See Footnote on page 8-5.
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2. The complainant and the ac~used may request the City Manager to appoint
one to three investigators from the panel of investigators already approved
by the oversight pariei: or .
3. The complainant and the accused may have input in choosing the
investigator by participating in the following process:
a. To select one investigator the City Manager will submit the same five
names (selected from the list of investigators approved by the
oversight panel) to the complainant and the accused. If the City
Manager believes two investigators are needed, eight names will be
submitted; for three investigators, nine names will be provided.
b. The complainant and the accused will each have two pre-emptory
challenges out of the list of five, three pre-emptory challenges out of a
list of eight, three pre-emptory challenges out of a list of nine. If a
single name is left, the City Manager will appoint that person as the
investigator.
IV. The Harassment Review and Management Practices Advisory Committee. (HRMPAC)
A. Membership.
1. Assistant City Manager or designee.
2. City Attorney or designee.
3. Director of Personnel or designee.
4. Other member(s) that the City Manager may appoint.
B. Duties.
1. Receive and evaluate the investigators report.
2. Evaluate if:
a. A violation of the policy is found.
b. A'violation of the policy is not found.
c. There is insufficient evidence to make a determination.
3. The Harassment Review and Management Practices Advisory Committee
will make a recommendation as to whether there .is a violation of the policy
to the City Manager. The City Manager or his/her designee will be the final
determinator as to whether there is a violation of the policy.
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4. The Harassment Review and Management Practices Advisory Committee
will evaluate the circumstances surrounding the complaint and may make
recommendations to the City Manager or his/her designee on how to
mitigate similar future complaints. Their recommendations may include
suggestions for training, organization restructuring, monitoring the work
environment, etc.
V. Timetables/Sequence of Events per Formal Complaint.3
A. Provide a logical, sequential series of events to assure that the formal complaint
is acted upon in a timely manner.
1. Complaint is filed with any of the following individuals: City Manager,
Assistant City Manager, Deputy City Manager, Director of Personnel or the'
Assistant Director of Personnel.
2. The City Manager and Director of Personnel are informed of the complaint.
3. The Director of Personnel and City Attorney determine if the complaint
appears to fall under the policy. If it does not, they issue a notice to the
complainant. If it does, they will notify the City Manager.
4. The City Manager selects:
a. . Investigative Coordinator.
b. Investigator(s) using whichever of the three procedures is selected by
the complainant and the accused.
5. The Investigative Coordinator meets with complainant and the accused and
establishes a projected time-table for investigation (i.e. schedules,
interviews, etc.) 4
6. The Investigation starts and continues until completed. Investigator(s) give
completed report to Harassment Review and Management Practices
Advisory Committee and the City Manager. The report will be confidential
and will not be provided to the complainant or the accused, unless that is
required for discipline or litigation purposes.
See Footnote on page 8-5.
See Footnote on page 6-5.
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7. Harassment Review arid Management Practices Advisory Committee will
review the report and make a recommendation as to whether there is a
violation of the policy to the City Manager. If a violation of the policy is not
found or insufficient information to make a determination occurs, the City
Manager will issue a notice of such to the complainant and the accused.
The City Manager will also inform the complainant and the accused if a
violation of the policy occurred.
8. If a violation of the policy occurred, the information will be given to the
appropriate person (most likely the department director) to begin the
. discipline process.
VI. Provision for key administrative parties who may be a direct party to the complainant.
A. If either the City Manager or the City Attorney are a direct party to the complaint
the City Council will appoint a another person to handle the responsibilities this
policy would otherwise assign to them.
B. If either the Personnel Director or Department Director are a direct party to the
complaint the City Manager will appoint a another person to handle the
responsibilities this policy would otherwise assign to them.
C. Retaliation - No participant in the Formal Complaint Procedure may be retaliate.d
against on the basis of completing his/her duties under this procedure.
This outline of a revised formal complaint procedure would require that an approximate timetable be established for
each individual formal complaint, taking into consideration the circumstances related to the complaint and the nature
of the anticipated investigation. Futhermore; this outline provides that the oversight panel will be charged with an
annual review of actual time that it took to complete the complaint procedure. A different approach, that is not
recommended by staff, would be to identify pre-determined deadlines for completing various steps involved in the
formal complaint process, with procedures for requesting extensions of the deadlines for specific complaints and
investigations.
Ii
An alternative that Council may want to consider, would be to instruct the management negotiators to discuss both of
the above approaches to the timeliness issue with the employee associations to obtain their suggestions regarding this
issue.
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Attachment C
PROPOSED
DISCRIMINATION AND HARASSMENT POLICY
CODE OF CONDUCT
This code of conduct applies to the claimant, the accused, and the witnesses.
1. Confidentiality - Once an informal or formal complaint is made, all parties involved
should not talk about the complaint to their co-workers or others in the
organization. The individual filing the complaint should be given the respect, and
the right to maintain their privacy. The accused should also be given the right to
privacy and confidentiality. Counseling is available to both parties through the
Employee Assistance Program (EAP) and/or through their health insurance plans.
2. Conduct - Once a complaint is made:
A. The complainant is expected to return to their worksite and continue to do
their job throughout the duration of the investigation. They are not to
conduct their own investigation, interfere with the City's investigation, nor
. should they be disruptive to their work environment. If the complainant
does not want to return to their worksite or comply with this provision, they
should inform the Investigative Coordinator. In the absence of an
Investigative Coordinator, they should notify the Personnel Director. The
Investigative Coordinator will coordinate the assessment of the situation with
the Harassment Review and Management Practices Advisory Committee
and make a determination.
B. The accused is expected to continue his/her work and not create any
disruption in the workplace throughout the duration of the investigation.
The accused are not to conduct their own investigation, interfere with the
City's investigation nor are they allowed to have others acting as their agent
. to violate the provisions of this code of conduct.
. 3. Retaliation - The accused must not retaliate against the complainant, witnesses or
anyone else involved in the complaint process. Examples of retaliation towards
the complainant, witnesses or others involved in the complaint process may
include but is not limited to:
1. Physical or verbal assault.
2. Ignoring or ostracizing individuals or groups.
3. Undermining or sabotaging individuals or groups.
4. Not providing equal treatment or opportunities individuals or groups.
5. Giving unwarranted and unfounded discipline or performance evaluations
individuals or groups.
If retaliation occurs, discipline up to and including termination may result.
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WP:GEN.HAR\CODE
I
ATTACHMENT D
EX I STI NG POll CY
GENERAL AND SEXUAL HARASSMENT POLICY
POLICY DISCUSSION
The City of Chula Vista is committed to maintaining a workplace environment free from
all forms of discrimination and harassment including sexual harassment. The purpose of
this written policy statement is to familiarize employees and supervisors with the legal and
moral parameters of harassment. Harassment is not only illegal, it creates a negative
work environment that reduces productivity and morale, undermines the integrity of the
workplace and destroys professionalism. It is the legal right of every employee to be able
to work in a place that is free from discrimination and harassment. It is the duty of all
employees to abide by this policy and the duty of all supervisors and managers to
implement this policy to avoid unnecessary legal and personal conflicts.
BACKGROUND
The legal framework on which the Courts have based their decisions regarding
harassment are founded upon Federal and State Laws entitling citizens to civil rights..
Specifically, Title VII of the Civil Rights Act of 1964, Section 703, the Americans with
Disabilities Act of 1990, California Government Code Sections 12940 & 12921, Labor
. Code Section 1102.1, and other pertinent references clearly state that harassment
including sexual harassment, which is a form of discrimination, is in violation of an
individual's civil rights; therefore, illegal. The impact of enforcement of these laws has
mandated employers to develop, implement, and enforce a progressive policy statement
prohibiting harassment in order to receive funding and/or avoid costly litigation
proceedings.
REFERENCES
Title VII of the Civil Rights Act of 1964, Section 703
EEOC FmalGuidelines
California Administrative Code, Title 2, Section 7282.6
California Government Code Sections 12940,12921, and 11135
Americans with Disabilities Act, 1990 (effective January 26, 1992)
Labor Code Section 1102.-1
POLICY STATEMENT
It is the policy of the City of Chula Vista that no officer or employee shall engage in
discrimination, including harassment, based on an employees age, race, national origin,
religion, color, creed, disability, sex, and/or sexual orientation. The employee's of this city
have the legal right to wor\.; in a discrimination-free environment.
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GE~~RALHARASSMENT
Harassment is defined as unsolicited and unwelcome behavior based on a protected
class such as race, religion, color, sex, national origin, creed, disability, age, or sexual
orientation which can be, but not limited to, written, verbal, visual or physical behaviors.
These behaviors can be directed at a specific employee or their family member(s). These
behaviors can also be directed at one individual but offend another. Or these behaviors
may not be directed at any individual in the workplace but their presence is offensive to
one or more co-workers. Such behaviors include:
1. Verbal harassment, e.g., epithets, derogatory comments, slurs, jokes or degrading
words used to describe an individual or a protected class;
2. Physical harassment, e.g., assault, unwanted touching, impeding or blocking
movement, or any physical interference with normal work or movement;
3. Visual forms of harassment, e.g., derogatory posters; cartoons or drawings;
4. Excluding or ostracizing an employee based on race, religion, color, sex, creed,
disability, age and/or sexual orientation. .
SEXUAL HARASSMENT
Sexual harassment is a violation of Section 703 of Title VII of the Federal Civil Rights Act
of 1964 and the State of California Government Code Section 12940. Unwelcome sexual
advances, requests for sexual favors, and other verbal, visual or physical conduct of a
sexual nature constitute sexual harassment when:.
1. Submission to such conduct is made explicitly or implicitly as a term or condition
of an individual's employment;
2. Submission to or rejection of such conduct by an individual is used as the basis
for employment decisions affecting that individual; or
3. Such conduct affects or has the potential to affect an individual's work
performance or creates an intimidating, hostile, or offensive working environment.
For the purpose of further clarification, sexual harassment includes but is not limited to:
1. Sexually suggestive or obscene letters, notes, or invitations;
2. Sexually derogatory comments, such as sexual jokes, remarks, questions, teasing,
leering, or gestures; .
3. Touching, patting, pinching, impeding or blocking movement;
4. Sexually suggestive objects, such as pictures, cartoons, posters;
5. Continuance of expressing sexual interest after being informed that the interest is
unwelcome;
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6. Requesting sexual favors as a condition of employment;
7.
Engaging in implicit or explicit coercive sexual behavior which is used to control,
influence or affect the career, salary and/or work environment of another,
employee;
..
8. Engaging in harassment of an employee due to their sexual orientation.
COMPLAINT PROCESS
If an employee believes that they have been subject to any form of harassment including
sexual harassment or are being discriminated against based on the State and/or Federal
laws previously cited, they have the right to file a formal or informal complaint. Before
a complaint Is filed, It Is recommended that the violated employee acknowledge to
the harasser that their behavior Is offensive, unwanted or derogatory. If harassment
continues to persist, a complaint with the City should then be filed. :
An employee also has the right to file a complaint of discrimination with the California
Department of Fair Employment and Housing whether or not they have filed a complaint
with the City. Complaints must be made within (1) one year of the harassment. To file
a complaint, either call (619) 237.7405 or file a complaint in person at 110 West "C" Street,
Room 1702. San Diego. The complainant, as well as other employees who support the
complainant, are protected against any retaliatory action stemming from the complaint.
Those employees involved in any retaliatory events will be, subject to disciplinary action.
The City of Chula Vista will enforce disciplinary action against any person that violates this
policy. This discipline can include termination.
COMPLAINT PROCEDURE
Informal Procedure
The allegation of general or sexual harassment should be discussed with any of the
following at the complainants choice: the complainant's supervisor, Department Head, the
Assistant Director of Personnel, the Director of Personnel, a Deputy City Manager, or the
Assistant City tylanager. The complainant's supervisor and/or department Head shall be
informed and meet with the complainant in an attempt to resolve the complaint at the
departmentalleve!. This should be done within a reasonable period of time from when the
incidence or action affecting the employee occurred. If the complainant is not satisfied
with the results of the informal procedure, they may initiate the formal procedure.
Formal Procedure
. SteD 1
The complainant shall file a written or verbal complaint with the Director of Personne!. The
Personnel Director, upon receipt of the complaint, will inform the appropriate Department
Head and supervisor of the allegation. The Personnel Director, within (10) ten working
days, will assemble a fact finding committee to review the complaint. The fact finding
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committee will include a Personnel Department representative and an appointee of the
City Manager. The investigation process shall be conducted in a timely manner.
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The complaint will be reviewed to:
1. . Determine applicable legal basis of the complaint.
I
2. Determine if sufficient grounds exist to substantiate the validity of the complaint
which includes interviewing the complainant, alleged harasser, witnesses and any
other individu!'ll who may have relevant information substantiating or refuting the
allegation.
SteD 2
Upon the completion of the investigation, all parties involved will be informed of the
findings within (10) ten working days. The fact finding committee will report the results
of their investigation to the Personnel Director, the Department Director, the complainant
and the alleged harasser. If the investigation does not yield sufficient evidence to
substantiate the allegation, all parties involved will be notified of the findings and the case
will be terminated at this step.
SteD 3
If it is determined that general or sexual harassment has occurred, the Department
Director will initiate appropriate disciplinary action which may be up to and including
dismissal. The severity of the discipline will be determined by the severity and/or
. frequency of the offense.
SteD 4
If an employee who is disciplined under this procedure has appeal rights, said appeal
rights may be exercised.
WP:MASTERS.2G EN&SEX. POL
(Rey. 2/93)
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COUNCIL AGENDA STATEMENT
Item J3
Meeting Date 6/22/93
ITEM TITLE:
SUBMITTED BY:
Report on left turns from Telegraph Canyon Road at Apache Drive
Ok",", of ""bH, W",k~
City Managerv~ bu.-~ . (4/Sths Vote: Yes_NoX)
o - Council Referral #2667
REVIEWED BY:
BACKGROUND:
On June 23, 1992, the City Council approved Resolution #16685 directing staff to install a
temporary sign prohibiting vehicles traveling eastbound on Telegraph Canyon Road from
turning left to northbound Apache Drive during the weekday hours of 7:00 A.M. to 9:00 A.M.
This prohibition was intended to eliminate Southwestern College students from using Apache
Drive as a shortcut during construction of Otay Lakes Road and Telegraph Canyon Road.
Additionally, on September 8, 1992, the City Council approved Resolution #16805 to install
a raised median on Telegraph Canyon Road across Apache Road to prevent southbound
Apache Drive motorists from turning left to go east on Telegraph Canyon Road. This design
was intended to remove the risk of left-turn accidents across high speed two-way traffic. The
Council further directed staff to return when construction is completed, with a report on the
effectiveness of the median and the need to retain or remove the AM. left-turn prohibition.
RECOMMENDATION: That the City Council retain the 7:00 AM. to 9:00 AM. "No Left
Turn" prohibition for eastbound Telegraph Canyon Road to northbound Apache Drive, and
accept staff s conclusion that the intersection median which prevents south to east left turns
is a beneficial safety measure and should remain in place.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, on May 13,
1993, voted 4-1 (Thomas) to retain the 7:00 AM. to 9:00 AM. "No Left Turn" prohibition for
eastbound Telegraph Canyon Road to northbound Apache Drive. Additionally, the Safety
Commission approved the retention of the intersection median which prevents left turns from
Apache Drive to Telegraph Canyon Road.
DISCUSSION:
Prior to the completion of the Telegraph Canyon Road and Otay Lakes Road construction
project, a significant amount of college bound traffic was using Apache Drive as a short cut
<$. route during the AM. period. To rectify this neighborhood traffic impact, the City Council
adopted a resolution authorizing staff to erect signs prohibiting left-turns during the hours of
7:00 A.M. to 9:00 AM. for eastbound Telegraph Canyon Road at Apache Drive. In spite of
the turn prohibition signs, many violations were observed, during construction of Telegraph
Canyon Road due to the congestion at the all-way stop at Telegraph Canyon Road and Otay
Lakes Road. Since completion of the reconstruction of Telegraph Canyon Road and the new
traffic signal at Otay Lakes Road, the number of left-turn violators and the volume of through
~3~1
Page 2, Item ..23
Meeting Date 6/22/93
traffic has reduced significantly (236 left turning vehicles to 23) during this two hour time
period.
Thirty days after completion of the Telegraph Canyon Widening Project, (April 29, 1993), a
license plate survey was conducted on Apache Drive to determine if the "No Left Turn
prohibition 7:00 AM. to 9:00 AM." was still needed particularly since a new traffic signal
with left turn protected movements at the intersection of Otay Lakes Road and Telegraph
Canyon Road provides a quicker route to the college. The above stated license plate survey
revealed that a total of 23 vehicles entered the eastbound left turn lane on Telegraph Canyon
Road at Apache Drive. Only two vehicles went completely through Apache Drive to Otay
Lakes Road. It is not known whether these two vehicles stopped en-route or if they are
students at Southwestern College. Based on this information, staff concluded that the 7:00
A.M. to 9:00 AM. left-turn prohibition was no longer needed to discourage shortcutting and
recommend to the Safety Commission that the prohibition be repealed. The Safety
Commission, however, felt that the 2-hour turn prohibition was a beneficial safety measure
when considering the risks involved in turning across high volumes of AM. peak commuting
traffic. While staff feels that the signs are no longer needed to discourage college students
from shortcutting through the Charter Point neighborhood now that Telegraph Canyon Road
widening project is completed, and that left turns during the AM. peak hour and the rest of
the day can be performed safely, we have no objections to the Safety Commission's
recommendation to retain the prohibition. Apparently, the out of direction travel caused by the
turn prohibition in the morning is not a problem as we have not received any complains from
residents of the Charter Point neighborhood.
Staff sent out 300 postcard notices to all area residents of the Charter Point and the Woodcrest
Southwestern subdivisions notifying them of the May 13, 1993 Safety Commission meeting.
Although only four area residents were present, only one addressed the Safety Commission and
requested to retain the turn prohibition. Just prior to the Safety Commission meeting, staff did
receive two telephone calls, one to retain and one to remove the turn prohibition. Staff has not
received any comments to make any additional modifications to the raised median on
Telegraph Canyon Road at Apache Drive.
The Charter Point Homeowners Association and the Woodcrest Southwestern area residents
have been notified of staff's recommendation and tonight's City Council meeting.
FISCAL IMPACT: None.
KY-119, KY-157 .-
WPC F:\ROME\ENGINEER\AGENDA\apachedr
Attachments: Area Plat NOT SCANNED
City Council Minutes - June 23, 1992, September 8, 1992 NOT SCANNED
Letter Dated April 30, 1993 ~OT SC.ANNED
License Plate Survey Results (Diagram) NOT SCANNED
Resolution No. 16685 NOT SCANNFn . . .
Safety Commission Minutes-March 12,j~92, Apnl 9, 1992,
May 14, 1992, June 11, 1992, May 13, 1993 NOT SCANNED
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COUNCIL AGENDA STATEMENT
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'ITEM TITLE:
, Item
, '" . . Meeting Date 06 /9, #} 1.
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Report Regarding the Consideration of a New Yard Waste Recycling Se Ice
Proposal Submitted by Laidlaw Waste Systems.
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SUBMITTED BY: Conservation Coordinator All>
REVIEWED BY: City ManagerJ~ 1:x6'~J
(4/5ths Vote: Yes_No.lO
At the January 26th meeting, the Counc I rejecte Laidlaw pro osal fo ard waste rec clin in
Chula Vista and directed staff to meet with I aw to ma J.Ze the "meet an er" process, with
the direction that the' City should solicit proposals from the recycling industry. As required by the
franchise with Laidlaw, City staff needed to meet and confer with Laidlaw about our intention to go
to bid. Laidlaw contends that we have a duty to negotiate in good faith to give the franchise. to
Laidlaw; the City Aoorneyviews thi~ prov~ as a mere noticing requirement. Staff and the City
. Attorney met with. Laidlaw O~Ch 17th. which time Laidlaw indicated they could offer yard_
~ 'Yas1e recycli~~erv.it.es at a price substantiaIly 1000~er than ~t w.Eic~they had_previouSly rep~
'T resented to Council. Since much of the January 26 Council discussion was based on the proposed
prices ana coSt, it was the advice of the City Attorney that the Council be given the opportunity
to reconsider their previous decision based on the new pricing proposals from Laidlaw before
terminating the "meet and confer"process.
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RECOMI\IEl\1J)ATION: That' Council 'rect staff to accept Laidlaw's proposal concept and
direct staff to negotiate with Laidlaw to develop an tmp ement a yard waste recycling program at
, the~referred Prlce}s described in. Proposal B contained in this report. . _ ". .
(ftjfemative Action ~ Council:
..~-., '. . '. .,
. 01 ~. 1.. Direct staff to finalize the meet and confer process with Laidlaw Waste Systems by rejecting the
(~ . proposal and d~ct ~taff to solicit reguests for..Jlroposals [Qr yard waste coIlection, according to the
original direction of Council.
BOARDS/COMMISSIONS RECOl\fl\fENDATIO!ll: The R~source Consefvation Commission
discussed this report at their May 24th meeting and unanimously supported a motion to recommend
that Council approve staff's recommendation. Specifically, theRCC unanimously recommended that
Council adopt Proposal B contained in this report. ,Minutes of the meeting will be forwarded to
Council.
DISCUSSION
.
. . .
As directed by City Council atthe January 26, 1993 Council meeting: staff has moved to fmalize
the "meet and confer" process with Laidlaw Waste Systems with regard to the City's intent to go to
competilive bid for a yard waste recycling progrartl. Minutes from this meeting are attached
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, , (Attachment A). This action was to satisfy the "meet and confer" conditions in the refuse and
curbside recycling franchise with Laidlaw (Ordinance 2427) required to be completed prior to going 0"
.to bid for franchising additional recycling programs. Due to SCheduling conflicts and the necessary
, time needed for the "meet and confer" process, staff has been unable to bring the issue forward until
' , ':.1" r:'~s date. ~w;ii; staff believes that th~ process resulted ~ movement toward a signiflcantly
p ~ 4Iffere~t.an etter roposal than was preYlOusly offered by Laidlaw.' ,
Ori\!inal prooosal and follow-uo
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Council may recall that concerns with Laidlaw's original yard waste proposal (submitted to Council
~:@~ary 26 meetmg) centered on two principal points: 1) that the $2. "ni rs I" te har e
w to i hand, 2) that the "pay as you go" sticker rate, at $1. to 1. r sticker and one can
a !owed per sticker, could 110tentially cost residents $61?:.r mo~ forone can set out per week and
: $12 per month fOrtWd'cans set out per week. The "universal" rate charge would be a flat fee
charged to all residents, regardless of the use of the collection, services; the "pay as, you go" option
would be a fee based oouse, most likely affIxed through !he purchase of stickers. ' '
Oil March 17th, the Conservation Coordm.;tor and ~ 'A.ttarl:!ey met with . aw staff to finalize
the "meet and confe( process., ,At that ~eeting !,..aidla~icated the could f!er yard ~aste
recycling services at a PUE.:. substantially I~ than that which they prevIOus y re'pre~ented to
CQuncil. It was the City A:ttomeY'SlRly1ce thllL,"Th light of the fact that there Is no exiSting profitable
market for' recycled yard waste, and since CounciImade their initial decision ,in the first instance to
go to bid for yard waste recycling on the basis of ~e cost figure originally offered by Laidlaw, it
would be' prudent to allow the Council the opportunity to reconsider the prior decision based on the
new price, Laidlaw was asked to provide the proposal in writing.
0'
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Having received the (new) wrfie'npropo~al" staff is ~ubmitting it to CounciL Staff believes that
it is a good proposal offering 'f(air rate of charge an~o new program ro osals that are lower in .
price than their initial proposal. Additionally, the new proposal clarifies some Counci concernS
," regarding ibe sticker prIce for families that would use the service regularly on a "pay as you go
basis." , .
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The new proposal is different from the original pro~ in several ways. It brings four separate
"proposal options" forward for Council.c<;>nsideratiol{A))a combined "pay as you go" and "universal
rate charge" that presents ,a new and Uniq,ue ~tion that would significantly reduce the
proposed universal rate charge' from $2.00 t 1.00 d allow residents the option to use~
collection services as little or as frequent as necessary' for a 'n..<:~inal $.30 fee per pick-PI?; @2.J
revised "l1ay as- vou Eg" option that proposes a $tllO l1er stick~r fte and allows residents to place
u t fo cans out for collection on one ~ticker instead of limiting the number of cans per sticker
o er new modified "pay as you go" option that would allow heavy generators of yard
waste utilize a cart on wheels for $3.00 per month (including the can rental and weekly
collection), while allowing residents ~ho generate little yard waste the, option to buy sticker~ Jor
$1.00 per collection {without paying the nlOnthIy fee)~e r~idents .who cia not ~enerate.x.llrcj
\\'aste would not need to:o<\y i!:tp the svstem at all; an~ "universal 'rate charge, ".remaining at
$2,00 to be paid by all residents, regardless of need for service.
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Laidlaw's complete revised proposal is attached (Attachment B). In, their proposal, Laidlaw has
offered four separate, proposal options CProposals A-D"), summarized as follows:
, .' 0 osa1 A: 's proposal would reduce the originally proposed "universal" fee from $2.00 to
pplement it with a "pay as you go" fee proposal of $.30 per sticker (i.e., per pick-up); .
wi no . it 0 the number oCcans r icku (i.e., per weekly set-out). However, staJf would
. reco end a limit of six ~ per. pick-up in order to maintain efficiency in collection: To clarify;
this proposal.will requir~sidents to pay a set fee at $1.00 fJ.er TJ:!o7J!..h, regardless of usage, ~s
. a..eer sticker_cl}arJ!;e for service USiH!e (j.e~ ~r llick-ulil at $.30 per sti~~r; That is, a resident who
uses the system once per month would pay $1.30 per month; a resident who uses the system twice
~ per month would pay .$1.60 per month, etc. Alternatively, Laidlaw cOuld adjust the proposed fee
fP"f (to.allo~ for a lower ~onthly charge (i.e., $.75 per month) with a com:spondingly higher sticker
pnce (I.e., $.40 per sticker). .' . . . , . . .
This combined "pay as you go" proposal is a new and innovative idea' that, if adopted, would
potentially alleviate Council's concerns over requiring all residents to pay a universal rate charge of
. $2.00: but would also address Council's concern that residents who generate a substlmtialarnount
of yard waste might be charged a relatively high rate under the "pay as you go" option. Additionally,
it would allow residents to ~e!-out ill' to six cans per stic"eI (i.e., pick-up), unlike Laidlaw's origmal
proposal that y,'ould have limited the set-out to one can per sticker. .
~~ ,.' . .
. I . idlaw's new rate on the exclusively "pay as you go" fee proposal remains at $1.00
per. 'cker (it had been originally proposed at $1. to $1.25 per sticker), however, most importantly,
they agree to allow \,lnlimitedset-outs on the $1.00 sticker char~e provided that a means can be
determined to prevent neighbors from "pooling" their yard waste for collection. Staff believes that
the only way to prevent this would be to limit the number of'set-outs per pick-up. Laidlaw desires
.to limit l'ick-u to ou cans per collection, at 'least for the fitst year of operation due to the
uncertainties of the number of resi ents who will participate in the sticker program. Although the . .
per sticker fee for the '''payas you go" option remains basically the same as. 'Laidlaw's original
proposal, this new proposal addresses Council's concern that residents be allowed to place more than
on.e can out per sticker. . Additionally, the highest possible charge under the new proposal is $4 and
with residents allowed to place 'up to four cans out per sticker, it is highly unlikely that any residents
~ouldneed to ay more than $2per month under the new proposal.' .
~ P~o osal C. 's is a modified proposal which also combines the "pay as you go" option with the
. ~ ~ .' . 'on. Under this proposal, any resident who desires to participate weekly in the yard
waste recycling system would be supplied a 60-gallon container on wheels for a monthly fee of.$3,00
per month. This $3.00 fee would allow residents to place yard waste in the Laidlaw container at the
r curb once per week, with no additional costs for the ~However, under this proposal,
residents who do not need weekly collection could, as al(~ purchase stickers at the $1.00
* . ~e~cker rate and us~ their own containers for yard waste collection. 1{esidents who partic1'j;ite
in e system through purchaSing stickers would not be charged the $3.00 per month rate. .
~ ~g~th~ $3.00 fee is on the high end ~f char~es, it d~s include the rental of a cart on wheels.
y-;;}. Oceansi has adopted a program that requITes reSidents to use a cart on wheels (at $2. 75 pe~ month
~ ~ M'~'""' "'" EI C,jM ;, ~;,,""' ;, (" · prop,," $3.82 p" mM<h ro< ,11 re,,',""'.
~~;JW 3 ~.2(,h:J
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~ Chula Vista residents that generate a high percentage of yard waste would benefit from this option
because of the convenience of the cart. Moreover, those residents who generate linle or no yard
rl.~ 0 waste would also benefi,t from this option, as they would be ab~ss the coli 'on service for 0'
,w~ . a nolllinal fee ($1.00) per pick-up, as necessary. And, thos~ who do no enerate yard
, r ~ not have to pay for unusedserv~ces. '
. . Prooosal D: Laidlaw continues to offer their original 'Universal Rate Charge of $2.00 per
residence. - - - -.-
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Conclusion
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In summary, staff felt that it was important to provide. Council the opportunity to review Laidlaw's
new proposal. . frs opinion at all four of Laidlaw's proposal options are viable, but would
recomm nd Prooosal B s partIcularly worthy of Council's consideration. Staff fl?els that Council's
original conce I the ."pay as you go" option has been addressed through Laidlaw's new
proposal. The average home owner sets-out approximately 68 gallons of refuse each week, including
yard waste (a "regular" size trash can is 30 gallons). Thus, with a weekly set-out allowance of'four
cans, even those residents that have a significant amount of yard waste should be able to limit their
use of the yard waste collection services to twice a month, for a monthly fee of $2.00.
Staff has also included a rate survey conducted for all cities, as Attachment C. Rates around the
County range from $12.29 to $16,,79 for refuse, yard waste and recycling services combined. The
~ avera e r te fo a d waste' iti s that av established ro rams is $1.90 r month; most cities
that have yard waste. collection established their rates on a pilot basis an are expected to raise these
rates this summer. It should also be noted that some cities subsidize their residential-refuse rate with
their commercial refuse rate, thus artificially lowering actual refuse costs for residents. Staff would
also like to note that Chula Vista's recycling fee is the@""we9 the C~ty. . "
tL~portantlY, iIt.tbo~ cities with taw wa~.r-:;ams~nt;:;cha~ed the )'ard~aste
~ollection.fee, rep;ardless Of 1I~. Thus; in these programs, residents who have linle or no yard
waste are subsidizing the program fpr those, ,who generate large amounts of yard waste. Universal
rate charges can be kept lower than "pay as you go" because~ all residents are' charged .and thus costs
are spread between all residents, again, even thoug ot all residents use the program. Under the
"~ as you go" proposal, it has been assumed tha 50 rcent of the residents will use and~oi
the system, so the rate may ormay not be higher, depending on individual usage.
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The "universal" rate fee is appropriate for the collection of recyclables, as there are markets for these
materials (thus bringing in monies to off-set program costs) and virtually all residents at least
generate some recyclables. However, with yard waste therei~r no 'current m~t (thus the'
c ust cover virtually all collection costs) and, Il1any residents generate]jnle or no yard waste.
. char in ~ reside.1lts for collection, source reduction ~ough composting, and mUlchin~
isc01lrHged instead of being .encouraged. In. c:::nu1a Vista, we have a reJ'al1veJy higlr percentage 0 ,
IiThrs, who generate ]jnre or no yard waste and composting is very popular with many residents.
Cl,lrrently, Chula Vista's combined refuse and recycling rate is $12.28, .thus if residents utilize the
proposed "pay as you go". yard waste service twice per month, the combined services would cost
$14.48. ';}"
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Should Council not accept staff's recommended course of action and instead Choos~
alternative action, staff will release the ~equest for proposals for yard waste c~lIection withi wo, "
~ The Request for Proposals has been drafted and can be reviewed by Council in the City, ,
~er's office. As theRFP has not been released, it is not yet a public document, and so should '
, be treated with confidentiality. The RFP process should take approximately two to three months,
with a pilot program to then begin sometime in early fall. Staff has both verbally and in writing
informed the Count)' 0f the current status of our yard waste program implementation plans and will
appris~ the County of this action ,in writing.
FISCAL IMPACT: , Costs associated with the proposed yard waste recycling program will 1,le
individually determined and brought' to Council 'prior to moving forward with program
implementation. Thee costs are expected to be borne by the user. '
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Minutes
January 26, 1993
Page 6
BOARD AND COMMISSION RECOMMENDATIONS
o
None submined.
ACTION 1TI:Ms
11. REPORT PROPOSFD OOMMERCAI.. INDUSTRIAL MULTI-FAMILY AND YARDWASIE
RECYCJNG PROGRAMS IN TIiE OTY - State law (AS 939) requires all cities and counties to divert 25%,
of the "Waste stream" from landfills by January, 1995 and 50% by the year 2000. The County's mandatory
recycling ordinance is more resnictive and prohibits certain designated recyclables from being disposed at
County owned Jandfills under a phased implementation timeline (March 1992 through July 1993). The City
has already partially complied with these laws and ordinances. Staff believes that the City needs to move
toward compliance with the State and County laws regarding recycling, and seeks Council's conceptual
approval to institute a yard waste recycling program, and a commercial and multi-family recycling program
development. Staff recommends Council accept the report. (Administration)
Councilman Fox questioned why Laidlaw could not handle a pricing ~ariation for the commercial collection
when they were able to handle the variation in the yard 'waste collection.
Athena Bradley, ConserYation Coordinator, responded that the stickers would be a set price for yard waste
which would be utilized by the owner as per their need. Commercial went beyond the billing and included
the services stafffelr the businesses would need regarding frequency of pick-up, design and space, etc. There
were currently haulers in the City that were doing commercial hauling for free or for a very Jaw rate. She
felt that Laidlaw or any single hauler could haul from all commercial establishments in the City but was
uncertain thar ir would be cost effenive. Single family dwellings could have a landscape service that would
serve the same purpose. For a City-wide program of yard waste it was a maner of economies of scale. Yard
wasre had no markerabiliry currently whereas commercial recyclables did.
o
Councilman Rindone felt the ,structure of the bid was an effort to force the single family resident to seek a
different alrernarive than to utilize the prescribed the franchise hauler or haul it yourself. He expressed
concern that it would add more vehicles to the streets. He could not agree with the staff conclusion and
would not support the highest rare in San Diego County. He then reviewed the options listed in the staff
report and felt competition was the City's best option. He also felt there should be further discussion on
geographically breaking up the Ciry into quadrants for competition for the commercial and indusnial
recyclables.
Councilman Moore questioned what the maximum number of containers allowed on one sticker.
Ms. Bradley responded that it had not been discussed but believed that it would be one sticker for all the
containers utiJized.
Alan Purves, 180 Otay Lakes Road, Chula Vista, CA. representing Laidlaw, informed Council that for trash
collection it was unlimited service. The original proposal to the City was approximately eight months old
and Laidlaw had not received any response or feedback in that time frame. The original proposal was a pay
as you use system for yard waste and one sticker would apply tu enecontainer or one I.,easured bundle of
tree limbs.
Councilman Moore felt that a sticker should be more than one container and less than unlimired. He also
felr there should be a back-up system if the City was divided up in quadrants to ensure that all areas of the
City were being serviced.
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January 26, 1993
, Page 7
Councilman Fox questioned how the number of quadrants was decided and the economic feasibility of
getting four haulers that could make a profit. . , ,
Ms. Bradley resporided that four would allow for economies of scale to entice 'a hauler to collect from the
City. She felt that through her recommendation of a request for an RFQ it could be determined whether
,there was interest in the proposal to collect recyclables from multi-family dwellings. In terms of whether
a hauler would not be able to fulfill their obligation, that risk would be with any project_ Through the RFP
staff would look at the fmancial stability of a company and past performance.
Mr. Purvis stated they had raised objections to'the staff report and 'recommendations. All of the materials
included in the staff report were already in an exclusive franchise granted to Laidlaw and they did not.
believe the Council 'had any ability to put the services out to bid. Staff had been directed to obtain '
inforrna.rion on th,e alternate recycling measures being imposed, by the state and county' and to meet and
confer with Laidlaw. They felt staff had not met that requirement. Their yard waste proposal had been
submitted on ]2/]0/91 and other than clarifying questions shortly after the submittal there had been no
further conference arid nothing that was close to meeting the definitions of negotiations with Laidlaw which
was a prerequirement before putting the services out to bid. ,Another objection they had was that if Council
did proceed, Laidlaw would be in the position of competing with other haulers while their proposal was laid
out in the staff report including their prices. They did not feel that would foster free and open competition
as it was a disadvantage to Laidlaw. '
Councilwoman Honan questioned whetherthe proposal included a universal rate charge.
Mr., Purvis stated they had responded to what they felt was staff direction .which was the pay as you go
system. They had informed ,staff that they had looked at the option of providing a monthly fee where
eveiyone paid.
Mayor Nader requested a staff response to Mr. PUrvis' allegation that there had not been an adequate meet
and confer prior to the meeting.
"City Attorney Boogaard responded 'that Section 2] 0) of the fTanchise gave the Council the right to go out
for competitive bidding on recycling after the'City had met and conferred with the graritee with regard to
their intent to do so. Pan of what was being done at the meeting was to see if the Council felt they wanted
to go ouifor competitive bid. Pan of the recommendation was that the City had met and conferred to the
extent of getting the proposal. If the Council felt they wanted to go out to bid now they would have to
direct the staff by saying they wanted to go'out to bid and meet and confer with Laidlaw, fmishing up the
process staff had started, regarding the intent of the City to go out to bid. '
Mayor Nader questioned why, if the City ,allowed individual business 'owners to make their own
arrangements with individual haulers, was a permitting system required. He also questioned why a system,
with or without, permits result in an increase in traffic on City streets.
Ms. Bradley responded that a permit would allow the City to charge a permit application fee that would
, potentially help to cover staff costs for monitoring the program or additional materials for commercial
recycling or Ii franchise fee. 'Through the permit process, staff could track the businesses that were being
serVed in order to get tonnages from the haulers and wheth~r all the businesses required to recycle were in
cl'mpliance. Additionally, staff could assess the impact if there were too many haulers servicing a particular
area.
Mr. PurVis stated a pemiitting system would allow more haulers, as each b'usiiless would be making thei~
own arrangements, so the efficiency of one hauler would be lost. Before the advent of AB939 and recycling
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Minutes
January 26, 1993
Page 8
Laidlaw was already doing it for the City and had proven they could pick- up all the material generated in
the City.
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Ms: Bradley stated that Laidlaw could potentially service the City but whether that would be the best service
. for businesses was her concern. She did not feel it would be as cost effective for the businesses if the City
awarded it to any single hauler. . ' . '
Councilwoman HOllon felt the Ciry should go out to competitive bids and also looking at a universal rate
~~ . '
Councilman Rindone suggested that the City go out to bid two ways: 1) single hauler with an exclusive
franchise for all the City but would also provide the option for self-hauling, composting, etc.; 2) a universal
rate ~arge thai would not allow the /lexabilities but a greatly reduced ~arge to all reside.nts.Council
would then have solid informatiol) onwhich to base their judgements. .
Mayor Nader stated he wanied to make clear that included in the'RFP would be a specification for an
appropriate rate differential Jor Jow.income. '
Councilman Fox stated Council also wanted assurance that the City would not be fined by the County.
Mayor Nader stated he hoped, on a universal charge, there would be some way of voiding the charge to low.
income seniors altogether: He requested that a lener 'be obtained from the County regarding the charging
of penalties. " ,
Councilman Moore stated he could not SUPPOIl a City.wide rate charge and expressed concern regarding the
sticker process.
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City Anomey Boogaard requested that the maker of a motion inco'l'orate into'it the proposal to finish up
the duty under the franchise agreement, which in Section I states the City had to meet and confer with
Laidlaw with regards to their intent to do so. The, motion should be structured around yard waste which
. Was staff-recommendation on page 11.), The City would go 'out to bid and the concept of exclusivity would
be Council's intent City.wide but after going out to bid. '. . . ,
Mayor Nader stated that was con~istenl with his ~derstanding of current Council direction 'but he did not
feel the City should be bound 100% by low bid.
City Anomey Boogaard recommended that iibe a negotiated bid. The City would solicit bids and the City
would have the right to negotiate with the various bidders after that. . .
, ,
Councilman Rindonestated Council had not discussed the viable life of the . franchise. . He was not
comfollable with five years with an option for an additional five years.
Mayor Nader stated th~ RFP could request. a response on a franchise of a five to ten year period and the
length of the franchise would be one of the factors staff and Council would take into account in evaluating
the responses. He felt a factor to consider when evaluating responses would be the extent of traffic and
expected wear and tear on the 'City. The RFP should be designed to evaluate those responses.
City Anomey Boogaard recommended Council consider: 1) On the condition the county will, in writing,
waive the fines for not recycling yard waste on or after 4/1/93, the City Council will adopt a policy that the
recyclable known as yard waste, which is tendued at curb sid.e throughout the City should be franchised
to'a single haUler selected by an RFP process subjeCt to subsequent negotiation as to terms and conditions.
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" ".:>uary 26, 1993
Page 9
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'2}As a result of adopting the policy, Council direct staff to meet and confer with Laidlaw witli regard to its .
int~t to go to bid, thereby sawfying the condition of the Cnmchise. 3) Indicate an interest. in receiving
. RFP's regarding the fo)Jowing terms and conditions: a) a term of fiVe yun, or such other period that
minimizes the rates Charged to either the City or its residents and include such options as the proposer
wishes to have the City consider; b) rates, both on a unfvenal rat'; basis and II pay as yeu use basis; and
c) consider such discounts as may be made available to low income seniors. of) Direct staff to solicit such
RFP's and if the County does not otherwise submit in writing to waive the fines for failing to recycle yard
waste, report back to the Council as soon as possible but not later than two weeks. .
. "
MS (Nader/Rindone) to approve the recommendation presented by City Attorney Boogaard.
. . .
Ms. Bradley questioned whether the aitemative fees option that allowe~ back yardcomposting and the other
options proposed would be included in the RFP.
Mayor Nader stat~d that would be allowed under one of the options in the RFP but not under the second:
He fehthe sticker system proposed by staff would be included in Option 1. He questioned whether the bid
would allow consideration of any and all other items pertinent to .the bid.
City.Anorney Boogaard responded that was correcr.
VOTE ON MOTION: approved unanimously.
.
Mayor Nader requested that a copy of the RFP be given to Council in their information packets.
o Councilman Moore questioned whether it was staffs intent to clarify in the RFP what a sticker covered, i.e.
single container or a CAP. .
Ms. Bradley responded that Councilman Moore was correct.
Councilman Rindone questioned what guarantee there was that there would be weekly pick.ups.
. Ms. Bradley responded she did not foresee a problem as the haulers were in the business to offer a service.
If a problem did arise staff would rerum to Council with a possible r.commendation of a single hauler. She
stated the RCC had expressed concern over the number of permits that would be issued. There were
currently a number of haulers servicing the City a.~d they had not negatively impacted the City.
MS (Nader/Moore) to accept staff recomm~dation regarding commercial reCycling.
. ,'. .
Councilman Rindone questioned what the staff recommendation would be to curb rhe unlimiied number of
potential haulers. He also questioned how the City would ensure that all areas of the City would receive
service.
Ms. Bradley responded that a range of limitations could be placed on the p'ermirs, i.e. ten to fifteen small
haulers and five large haulers. The City could build into the permit process, if there was a.charge for the
permits, a reduced fee for haulers that would collect from the smaller establishments or areas of the "City
that did not"have as much commercial development. She did not perceive a problem. .
AMENDMENT TO MOTION: (Rindone/Fox) to set a CAP of tw~ty on the number of permits iSsued:
.
Mayor Nader expressed concern that a CAP would close competition. It was his inclination to go with. the
staff recommendation and if it did not work it could be brought back. to Council for review.
~.<tb-1
Mmutes
January 26, 1993
. Page 10
Ms. Bradley responded that a CAP did place a limit on some of the competition as staff did not know
everyone in the business. The City could start with !Went}: haulers and request at a Jater date an increase
in permits if there were other haulers that wished to serve the City.
o
vorr ON AMENDMENT: approved 4-1 with Nader opposed.
Mayor Nader stated lie had not seen the proposed commercial rates by Laidlaw in~luded in the report.
Ms. Bradley responded th,at they had not been included in the summary.
Mayor Nader questioned Whether there Was a way the rate information could be provided confidentially.
He felt that if it developed that the System the Council Was about to Vote for was costing more than on the
average of what Laidlaw propo,sea, Council may want to reconsider.
City Anomey Boogaard stated if the Council was advised through a confidential memo there would be a
serious question as, to ,whether the confidential memo constituted a public record of the City.
" .
Mayor Nader questioned whether staff could take it upon themselves to monitor the rates being charged for
commercial hauling if the system Was implemented and to advise the Council, if it would appear to be
prudent to reconsider the issue.
City Anomey Boogaard stated he would have to research the City's ability to cancel prior to five years if a
recyclable permit was issued, There Was a state Jaw incorporated into the Waste Management Act which
required five year notice of cancellation of solid wane handling enterprises. There Was a risk that if the City
w;lnted to extricate from the permit system it could take time, He would research the issue and report back
to Council. , , ,
Councilman Rindone felt it advisable, if the motion passed, that staffretum and address annual permits and
fee structure, ,
o
Mayor N der stated he would' orporate Councilman Rindo
cture into the motion s a friendly amendment.
nON AS AMENDED:
~~ ~ '<"6 - /t?
o
.'
.
.'
....,.-.'
Minutes
January 26, 1993
Page 11
Mayor Nader questioned whether the bidding process could contain two different alternatives: 1) a sub.
, quadfant of the City; and 2) City.wide, He did not feel the sub.areas would be competitive as they were not
competing with three other haulers because they had a monopoly within their sub.area of the City,
AMENDMENT TO MOnON,: (Nader/Moore) the process be bid alternatively: 1) the Staff n>cOmmendation;
, and 2) City.wide.Tbe bids an to be brought back to Council for evaluation;
Councilman Rindone stated he did not accept the staff recommendation of rejecting Laidlaw lis he felt it
should be accepted. He questioned stajfs reasoning for the rejection.
Ms. Bradley r~sponded there were two issues: 1) staff was working to meet with Council's direction to go
out to bid for additional recycling programs; and 2) sraff had concern with the issues of Laidlar,<,'. service
in the way of promotional material developmenr and expertise in program de,;r"c, If Council directed staff
to negotiate with Laidlaw on those issues staff was willing to do that.
SUBS"l1Tl.Tre MOnON: (Rindone/Nader) direct staff to negotiate on the ana of all multi.family service,
areaS to resolve the OUtstanding issues. U during negotiations staff feels it is not clarified, they are to bring
the issue back to Council. ' '
Councilman Rindone stated the motion was made to negotiate with Laidlaw regarding the servicing of all
the multi.family units City.wide and clarify the areas of concern, which had served as the basis of staffs
rejection of the proposal. If, after negotiating those concerns staff was unsatisfied, staff could bring back
a recommendarion to reconsider.
Mayor Nader felr staff had made a good effort to implement previous Council direction to encourage
competirion and made a recommendation consistent with the previous policy dirfCtion. There was a wide
range in the Laid)aw proposal and the City did not know wl-:.! the charge would be. It was his intent that
Laidlaw be able to bid under the previous motion, He felr tk leal issue was assurance that the City receive
the best deal for the rate payers.
VOTE ON SlJBS111Uffi MOnON: approved 4-1 with Nader opposed.
MSUC ~Re/116~0 direct' staff to m.eet With Laidlaw immediately and report back to Council no
later then~ee we~ ' '"
12. REPORT, REQUEST FOR AN AlLWAY STOP AT 1HE I!\.TERsECTION OF EAST
NAPLES ,STREET AND FOXBORO AVENUE . Staff received a request from Mrs ':,'ma Erhardt of 657 East
Naples Street requesting the installation of an all.way SfOP af the infersecrio: ",East Naples Stree~ and
Foxboro Avenue, Staff recommends Council concur with previous Safety Comm:.. ',n recommendalla;es and
deny the request. (Director of Public Works) ,
Norma Erhardt, 657 E. Naples, Chula Vista, CA, was not present when called fO the'podium.
, , , MS (Moore/Horton) to accept the staff report. '
Mayor Nader questioned whether any comments had been received from the school district.
Cliff Swanson, City EngineerlDeputy Public Works Director, responded ,there had bee.l no comments
~~~ ' ,
VOTE ON MOnON: approved unanimously.
~ .)~b -II
.v
88/10/188
LAIDLAW WASTE SYSTEMS
May 17, 1993
Ms. Atbena Bradley
Conservation Coordinator
City of Cbula Vista
270 F Street
Chula Vista, CA 92010
'. Dear Atbena,
Residential Yard Waste
This letter is to follow up on our recent discussions regarding collection of yard waste from
single family residences in the City in accordance with the County Mandatory Recycling
Ordinance.
o
. . At tbe risk of repetition, Laidlaw's position on all recycling services is that they are part of
the existing franchises and the City, to comply witb their own Ordinance, are r~quired to
negotiate.modifications of tbe francbise with Laidlaw prior to considering a request for bids
. from otber contractors. We look forward to completing these negotiations to our mutual 0
satisfaction,
At tbe January 26 Counc;il meeting, tbe Council's direction seemed to focus'on'a "Universal
Rate Charge", ratber tban a va~iable rate Structure and, I can 'confirm that oui proposed
initial montbly charge would be $2.00 per home.
The City Council also questioned our variable rate proposal in that, if a home participated
eachwee];tbeir montb]y cbarge would be $4.33. In calculating the $1.00 per sticker charge,
we assumed only 50% weeldy.participation and So the average charge per home would in
fact be close to the $2.00/month. You had asked us to review this proposal and to confirm
the volume covered by one sticker. Given the assumptions that we used, we believe that
$1.00 is the correct charge per sticker. If we could prevent incidents such as neighbors
combining their greens using one sticker, or a resident saving all his greens for one month
before placing it out for collection, we would be prepared to collect 'an unlimited volume
for the price of one sticker.
Perhaps such a'solution could be based on a tw<>-tier sys.em whereby Laidlaw would offer
60-gallon yard waste containers for a monthly rental fee which would include the costof
weekly collection. Residents who did not anticipate sufficient volume .lor weekly service
would have the alternative of purchasing single use stickers. '
Recycled Paper
1800tay Lakes Road, Suile 200 . Bonila, California .91902 . (619) 267 . 6900
~ /2 -<~b "/~
.0
.
A. Bradley
May 17, 1993
Page 2 .
We would also offer the following compromise suggestion. A lower Universal Rate Charge
. to all residents, combined with a lower sticker price which would increase the cost to
homeowners who most used the system.
If you think that either of the above options would be of interest to staff and council, I
\\,ould be pleased to meet withyou very quickly to confirm specific price proposals for
Council's consideration. . .
The rates included in this letter are based on IiOme favorable circumstances that are only
available to us for a limited time. For this reason, the proposals contained herein are valid
for the City's acceptance only until June 3D, 1993.
As always, I will be pleased to answer any questions that you have or provide any additional
information.
. Sincerely,
./. '".)
j. 1\'
. J. c u;-:JI Li..~
Alan J. Purves
Market & Strategic
Development Manager
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