HomeMy WebLinkAbout2006/09/19 Agenda Packet
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CHUlAVISTA
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Stephen C. Padllla, Mayor
PatriCia E. Chave:?,Councilmember Jim Thomson, Interim City Manager
John M<:Cann, COl.1ndlmelTlber Ann Moore, City Attorney
Jerry R. ~\f1clQne,Coum::i1member Susan Bigelow, City CierI<:
Steve.Castaneda,. Coundlrnember
September 19,2006
6:00P.M.
Council Chambers
City Hall
276 Fourth Avenue
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY DOUG PERRY, FIRE CHIEF, OF THE EMPLOYEE OF THE
MONTH, DAVID ACOSTA, FIRE CAPTAIN
. OATH OF OFFICE
Brett Davis, Mobilehome Rent Review Commission
. PRESENTATION BY ED VAN EENOO, BUDGET AND ANALYSIS DIRECTOR,
OF RESULTS FROM THE NATIONAL RESEARCH CENTER CITIZEN SURVEY
(Continued from August 22, 2006)
. DID YOU KNOW...THAT CHULA VISTA HAS A NEW MULTI-FAMILY
RECYCLING PROGRAM?
CONSENT CALENDAR
(Items 1 through 16)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or City staff
requests that an item be removed for discussion. If you wish to speak on one of these
items, please fill out a "Request to Speak" form (available in the lobby) and submit it to
the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed immediately following the Consent Calendar.
1. APPROVAL OF MINUTES of July 18, August 1, and August 3, 2006.
Staff recommendation: Council approve the minutes.
2. RESOLTUION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE APPENDIX TO THE LOCAL CONFLICT OF INTERST CODE OF
THE CITY OF CHULA VISTA AND DESIGNATING FILERS FOR PURPOSES OF
AB1234
The Political Reform Act requires every local agency to review its conflict of Interest
Code biennially to determine if it is accurate or, alternatively, that the Code must be
amended. The proposed Resolution adopts an amended appendix to the City's Conflict
of Interest Code, listing the officials and designated employees of the City who are
required to file periodic statements of economic interest and the disclosure categories
under which each such official and designated employee is required to file. (City Clerk,
City Attorney)
Staffrecommendation: Council adopt the resolution.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE PURCHASE OF UNLEADED GASOLINE AND DIESEL FUEL
ON AN AS-NEEDED BASIS FROM THE SOCO GROUP, INCORPORATED, IN
ACCORDANCE WITH TERMS AND CONDITIONS OF COOPERATIVE
AGREEMENT 7325-05-Z-RFP WITH THE CITY OF SAN DIEGO, FOR A PERIOD
OF ONE YEAR BEGINNING DATE OF AWARD, WITH OPTIONS TO RENEW FOR
FOUR ADDITIONAL ONE-YEAR PERIODS
Approximately 186,500 gallons of unleaded and 125,000 gallons of diesel fuel are
purchased annually for City use from fuel vendors. In addition, approximately 53,000
gallons of diesel fuel will be purchased for Transit use. Adoption of the resolution allows
the purchase of unleaded gasoline and diesel fuel from the Soco group in accordance with
the terms and conditions of a cooperative agreement with City of San Diego. (Finance
Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING UNANTICIPATED URBAN AREA SECURITY INITIATIVE GRANT
PROGRAM FUNDS, AND APPROPRIATING FUNDS THEREFOR (4/5THS VOTE
REQUIRED)
Adoption of the resolution approves the acceptance of grant funds from Federal
Homeland Security (administered by City of San Diego Office of Homeland Security) in
the amount of $46,303, for purchase of a heavy-duty pickup truck to be used as a primary
mover and for mass decontamination equipment to be used in terrorism response.
(Information Technology Services Director)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda
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September 19, 2006
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING $30,500 FROM 2006 EMERGENCY MANAGEMENT AND
PERFORMANCE GRANT (EMPG) AND APPROPRIATING FUNDS THEREFOR
(4/5THS VOTE REQUIRED)
The City is eligible to receive funding from the State of California Emergency
Management and Performance Grant. Finding is given to local jurisdictions that apply
for them based on projects supporting the State's emergency plan. Adoption of the
resolution approves acceptance of grant funds to assist in development of a "disaster
recovery" plan. (Information Technology Services Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING DONATIONS IN THE AMOUNT OF $6,540, AND APPROPRIATING
SAID DONATED FUNDS (4/5THS VOTE REQUIRED)
The Fire Department received donations in the amount of $6,540 from various
community businesses and organizations. These donations were made to the Fire
Department in support of the second Annual Awards and Recognition Ceremony and the
Chula Vista Fire Department Recognition Dinner. (Fire Chief)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR THE "DRAINAGE
IMPROVEMENTS, WEST AND EAST OF SECOND AVENUE, NORTH OF "H"
STREET, IN THE CITY OF CHULA VISTA, CA (DR-120)" PROJECT TO M.l.C.
CONSTRUCTION, IN THE AMOUNT OF $682,830, AND AUTHORIZING THE
EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS NECESSARY TO
COMPLETE THE PROJECT
Sealed bids were received on August 2, 2006 for this project. This project provides for
the construction of the ultimate drainage system and the rehabilitation of a sewer system
east and west of Second Avenue between Alvarado Street and Vance Street. The work
also includes all labor, material, equipment, transportation, protection of existing
improvements and traffic control necessary for the project. (General Services Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING AND APPROPRIATING $58,373 IN UNANTICIPATED REVENUES
FROM THE CALIFORNIA DEPARTMENT OF CONSERVATION, DIVISION OF
RECYCLING BEVERAGE CONTAINER RECYCLING AND LITTER
REDUCTION ACTIVITIES GRANT PROGRAM (4/5THS VOTE REQUIRED)
Page 3 - Council Agenda
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September 19, 2006
The California Department of Conservation, Division of Recycling (DOR) distributes
$10.5 million for fiscal year 2006/2007 to eligible cities and counties specifically for
beverage container recycling and litter clean up activities. The goal of the DOR's
beverage container recycling program is to reach and maintain an 80 percent recycling
rate for all California Refund Value (CRV) beverage containers - aluminum, glass,
plastic and bi-metal. Projects implemented by cities and counties assist the department in
reaching and maintaining their goal. Each city is eligible to receive a minimum of $5,000
or an amount calculated by the DOR, on a per capita basis, whichever is greater. Chula
Vista has received $58,373 for 2006/2007. (General Services Director)
Staffrecommendation: Council adopt the resolution.
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AGREEMENT BETWEEN PALOMAR COMMUNICATIONS,
INCORPORATED AND CITY OF CHULA VISTA FOR RADIO REPEATER AND
ANTENNA SITE LEASE
Adoption of the resolution approves a lease agreement for space on a communications
tower located on Otay Mountain for Chula Vista Transit's (CVT) radio repeater and
antenna. Since 1992, CVT has been leasing a site on Otay Mountain for its radio
transmitting equipment. (Public Works Operations Director)
Staffrecommendation: Council adopt the resolution.
10. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDED SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 05-07,
MCMILLIN OT A Y RANCH VILLAGE SEVEN "A" MAP
10. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FIRST AMENDED SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO. 05-09, OTAY
RANCH VILLAGE SEVEN "A" MAP
The Council previously approved the Supplemental Subdivision Improvement
Agreements for McMillin Otay Ranch Village Seven and Otay Ranch Village Seven "A"
maps. Both agreements included a cap on the total number of residential building
permits for both subdivisions at 400 maximum prior to the opening of the SR-125 toll
road. The amended agreements allow an increase of 600 in the number of dwelling units
that may be built prior to SR-125 toll-road opening for public access due to a delay in the
construction of SR- 125. (Acting Engineering Director)
Staffrecommendation: Council adopt the resolutions.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING A CONTRACT FOR THE TRAFFIC SIGNAL
INSTALLATION AT THE INTERSECTION OF GREENS GATE DRIVE AND
NORTH GREENS VIEW DRIVE (TF-320), TO SOUTHWEST TRAFFIC SIGNAL
SERVICES INCORPORATED, AND APPROPRIATING FUNDS FROM THE
AVAILABLE BALANCE OF THE TRAFFIC SIGNAL FUND (4/5THS VOTE
REQUIRED)
Page 4 - Council Agenda
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September 19, 2006
The traffic signal installation at the subject intersection was approved and budgeted as
part of the Fiscal Year 2005/2006 Capital Improvement Program. Adoption of the
resolution authorizes appropriation of an additional $10,000 to this project from the cost
savings of various Traffic CIF projects completed and closed in Fiscal Year 2006/2007.
(Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE APPROPRIATION OF INTEREST EARNED FROM THE 2004
CERTIFICATE OF PARTICIPATION (CIVIC CENTER PROJECT - PHASE I) IN
THE AMOUNT OF $449,554 TO THE CIVIC CENTER COMPLEX CAPITAL
IMPROVEMENT PROJECT (GG-139) (4/5THS VOTE REQUIRED)
The City Council previously approved capital improvement project GG-139, which
involved the renovation of the Civic Center Complex, as well as a financing plan for
Component A of the project appropriating $15,955,550 from bond proceeds and
$3,000,000 from the Public Facilities Development Impact Fund. Phase I, City Hall, is
now complete, and in an effort to expend trustee funds in a timely manner (including
interest), it is necessary to appropriate the interest earned to the project for expenditures
incurred. (General Services Director)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE BIDDING PROCESS AS IMPRACTICAL AND AWARDING THE
AGREEMENT FOR GRAFFITI REMOVAL SERVICES TO SAN DIEGO URBAN
CORPS FOR THE PERIOD OF OCTOBER 1, 2006 TO JUNE 30, 2007 AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
The San Diego Urban Corps provides on-the-job training to young adults from
disadvantaged inner-city communities, including Chula Vista. Therefore, to assist with
its fight against the proliferation of graffiti, the City is partnering with the San Diego
Urban Corps to assist with graffiti eradication and recommends waiving, as impractical,
the normal bidding process under provision 2.56.070 of the Chula Vista Municipal Code.
This project was approved as part of the Fiscal Year 2007 budget process at an annual
cost of approximately $50,000. (Public Works Operations Director)
Staff recommendation: Council adopt the resolution.
14.A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ESTABLISHING A NEW CAPITAL IMPROVEMENT PROJECT ENTITLED
"MOUNT SAN MIGUEL COMMUNITY PARK (PR260)" AND AMENDING THE
FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM
14.B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A DESIGN-BUILD AGREEMENT WITH ERICKSON-HALL
CONSTRUCTION COMPANY FOR THE DESIGN AND CONSTRUCTION OF
MOUNT SAN MIGUEL COMMUNITY PARK, LOCATED IN THE SAN MIGUEL
RANCH NEIGHBORHOOD OF THE CITY OF CHULA VISTA; APPROPRIATING
FUNDS THERFOR; AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT (4/5THS VOTE REQUIRED)
Page 5 - Council Agenda
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September 19, 2006
The Council previously approved the master plan for the Mount San Miguel Community
Park, which conceptually designed and provided for the construction of a completed and
fully functional 19-acre park, and established a Design-Build Priority List excluding fire
facilities to be used in awarding design-build contracts for future City projects. A request
for proposals was issued to all of the firms on the priority list. Adoption of the resolution
establishes the project and awards Erickson-Hall Construction Company a design-build
agreement for the provision of services required to design and construct the park, and
appropriates funds to a capital improvement project (PR260) that will enable the design
phase of the project to commence and authorizes the Mayor to execute the agreement.
(General Services Director)
Staff recommendation: Council adopt the resolutions.
15. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROPRIATING $14,641 IN UNUSED GRANT FUNDS TO THE FISCAL YEAR
2006/2007 STATE GRANT FUND (4/5THS VOTE REQUIRED)
The City's Urban Heat Island Mitigation Project is funded through a Proposition 12 State
grant and will provide for additional shade tree planting in public rights-of-way.
Adoption of the resolution carries forward $14,641 in unused grant funds from Fiscal
Year 2005/2006 to Fiscal Year 2006/2007 to successfully complete the terms of the
current grant and make the City eligible for a new grant cycle. (Conservation &
Environmental Services Director)
Staffrecommendation: Council adopt the resolution.
16. ORDINANCE OF THE CITY OF CHULA VISTA DESIGNATING THE
APPOINTING AUTHORITY FOR THE POSITION OF INTERGOVERNMENTAL
AFFAIRS COORDINATOR IN THE DEPARTMENT OF MAYOR AND COUNCIL
This action will designate the appointing authority for the position of Intergoverrunental
Affairs Coordinator in the Department of Mayor and Council as the Mayor and Council
collectively. (City Attorney)
Staff recommendation: Council place the ordinance on first reading.
ITEMS REMOVED FROM THE CONSENT CALENDAR
ACTION ITEM
The item listed in this section of the agenda will be considered individually by the
Council and is expected to elicit discussion and deliberation. If you wish to speak
on any item, please fill out a "Request to Speak" form (available in the lobby)
and submit it to the City Clerk prior to the meeting.
17. REPORT ON REQUESTS BY THE ROLLING HILLS RANCH COMMUNITY
ASSOCIATION AND RESIDENTS TO AMEND THE TRUCK ROUTE
DESIGNATIONS ON LANE AVENUE, PROCTOR VALLEY ROAD AND HUNTE
PARKWAY AND REGARDING POTENTIAL TRAFFIC CONTROL
ENHANCEMENTS TO LANE AVENUE (Continued from August 22, 2006)
Page 6 - Council Agenda
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September 19, 2006
At the June 6, 2006 City Council Meeting, residents of properties abutting Lane Avenue
asked the Council to reconsider the decision to designate Lane A venue as a Truck Route.
This request was later expanded by a letter from the Rolling Hills Ranch Association
(June 19, 2006) to include Proctor Valley Road and Hunte Parkway. This item was
scheduled for Council discussion at the August 22, 2006 meeting, but was continued.
The continuance allowed further opportunity for staff to work with the community, the
City Attorney's Office and the Chula Vista Police Department to explore potential
alternatives. (Acting Engineering Director)
Staff Recommendation: Accept the report and direct staff to proceed with implementation
of trial all-way stop control at the intersection of Lane Avenue and MacKenzie Creek
Road.
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
PUBLIC HEARINGS
The following items have been advertised as public hearings as required by law.
If you wish to speak on any item, please fill out a "Request to Speak" form
(available in the lobby) and submit it to the City Clerk prior to the meeting.
18. CONSIDERATION OF AN AMENDMENT TO THE MASTER FEE SCHEDULE TO
REFLECT A MODIFICATION TO THE UTILITY PERMIT FEE SCHEDULE
In 2004, the Council approved a Memorandum of Understanding (MOU) between the
City and the San Diego Gas and Electric Company regarding proposed terms for gas and
electric franchises. One of the requirements of the MOU is the preparation of a Manual
of Administrative Practices between the City of Chula Vista and the San Diego Gas and
Electric Company. Adoption of the following resolutions approves the manual and
amends the Master Fee Schedule to allow for certain utility permit fees to be provided for
in such a manual. (Acting Engineering Director)
Staff recommendation: Council conduct the public hearing and adopt the following
resolutions:
A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE MASTER FEE SCHEDULE TO MODIFY THE UTILITY
PERMIT FEE PORTION OF THE SCHEDULE
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A MANUAL OF ADMINISTRATIVE PRACTICES BETWEEN
THE CITY OF CHULA VISTA AND SAN DIEGO GAS AND ELECTRIC
COMPANY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
MANUAL
Page 7 - Council Agenda
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September 19, 2006
ACTION ITEMS
The items listed in this section of the agenda will be considered individually by
the Council and is expected to elicit discussion and deliberation. If you wish to
speak on any item, please fill out a "Request to Speak" form (available in the
lobby) and submit it to the City Clerk prior to the meeting.
19. SELECTION OF APPLICANTS TO BE INTERVIEWED FOR APPOINTMENT AS
PORT COMMISSIONER (Continued from August 22,2006)
On August 8, 2006, the Council approved an appointment process for selecting a new
Port Commissioner. Based on that process, Council was to have submitted in writing the
names of the candidates they wished to nominate to the City Clerk at the August 22 City
Council meeting. However, since only four applications were received by the submittal
deadline of August 18, Council voted to extend the application submittal deadline to
September 1. As a result of the deadline extension, an additional seven applications were
received, for a total of eleven. (Interim City Manager Thomson)
Staff recommendation: Council 1) Individually submit to the City Clerk in writing at the
September 19 Council meeting the names of the candidates they wish to nominate for
Port Commissioner. 2) Direct the City Clerk to announce at the September 19 Council
meeting the nominees and the names of the Councilmembers who made the nomination.
Each applicant receiving two or more votes will continue to the interview process. 3)
Set a time certain on the September 26, 2006 Council Agenda to interview candidates
receiving two or more votes, or select an alternate date for these Council interviews.
20. STATUS REPORT ON THE MAJOR INTERSECTION SAFETY PROGRAM
ALLOWING THE CITY COUNCIL TO PROVIDE POLICY DIRECTION
REGARDING THE POTENTIAL USE OF RED LIGHT CAMERA ENFORCEMENT
IN THE CITY (Continued from August 22, 2006)
In 2005, the Neighborhood Traffic & Pedestrian Safety Program was created in order to
focus on neighborhood traffic calming, major intersection safety and pedestrian and
bicyclist safety. The importance of this effort was underscored by the results of the 2005
Chula Vista Police Department Resident Opinion Survey, which indicated that four of the
five top areas of concern for our residents were traffic related. This item provides a
status update on program efforts in this area and provides the opportunity for the City
Council to have a policy discussion regarding the potential use of red light camera
enforcement in our city. (Acting Engineering Director, Police Chief)
Staffrecommendation: Council accept the report and direct staff to proceed with further
investigation of the potential to utilize red light camera enforcement in the City.
21. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PARK MASTER PLAN FOR THE 7.6 ACRE PUBLIC
NEIGHBORHOOD PARK SITE IN THE OTAY RANCH VILLAGE 7 SUBDIVISION
AND APPROVING THE NAME OF THE PARK TO BE ALL SEASONS PARK
(Continued from August 22, 2006)
Page 8 - Council Agenda
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September 19, 2006
This proposed park is located south of Birch Road, west of SR-125, east of La Media
Road and within the Otay Ranch Village 7 Subdivision. The park site shares boundaries
with an elementary school site, Wolf Canyon Open Space, Magdalena Avenue and Wolf
Canyon Loop. The Village Greenway Trail, running along the northern boundary of the
park site, links the park to the future Eastern Urban Center to the east and the future Otay
Ranch Community Park to the west as well as the City's Greenbelt Trail system. (General
Services Director)
Staff recommendation: Council adopt the resolution.
22. CONSIDERATION OF A GRANT AGREEMENT WITH SAN DIEGO GAS &
ELECTRIC TO PROVIDE ENERGY EFFICIENCY SERVICES FOR CITY,
COMMERCIAL, AND RESIDENTIAL FACILITIES
The proposed Grant challenges the City to provide education/outreach and marketing
support to reduce the amount of kilowatts (electricity) and therms (gas) consumed by a
targeted group of energy customers that are either not fully participating or not eligible
for existing programs. The grant also provides funding for some additional cost
reductions for the private sector and City facilities to encourage their increased
participation. The grant would provide $731,075 per calendar year through December
31, 2008 ($2,193,225 total) and allows for full cost recovery of personnel, supplies and
services for participating departments. (Conservation and Environmental Services
Director)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A THREE-YEAR GRANT AGREEMENT WITH SAN DIEGO
GAS & ELECTRIC (SDG&E) TO PROVIDE ENERGY EFFICIENCY
SERVICES FOR CITY, COMMERCIAL, AND RESIDENTIAL FACILITIES
THROUGH DECEMBER 31, 2008, AUTHORIZING THE CITY MANAGER
TO EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH
IMPLEMENTING THE AGREEMENT, AND APPROPRIATING $376,700 IN
GRANT FUNDS TO THE SDG&E ENERGY PARTNERSHIP PROGRAM
FUND (4/5THS VOTE REQUIRED)
OTHER BUSINESS
23. CITY MANAGER'S REPORTS
24. MAYOR'S REPORTS
A. Ratification of appointment of Patricia Moriarty to the Safety Commission.
B. Ratification of appointment of Jolyn DePriest to the Human Relations
Commission.
C. Ratification of appointment of Kathleen Marshall to the International Friendship
Commission.
D. Ratification of appointment of William Canedo to the Nature Center Board of
Trustees (At-large member position).
Page 9 - Council Agenda
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September 19, 2006
E. Request for Council authority to proceed with work session to bring stakeholder
groups together for the purpose of identifying common ground on remaining
Urban Core Specific Plan issues.
25. COUNCIL COMMENTS
Deputy Mayor McCann: Formation of Health Care Ad Hoc Committee to study the
status of health care facilities and current services provided for the City ofChula Vista.
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957.7).
26. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
. Community Development Director
ADJOURNMENT to the Regular Meeting on September 26, 2006 at 6:00 p.m. in the Council
Chambers.
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf (TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
Page 10 - Council Agenda
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September 19, 2006
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
July 18, 2006
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:43
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, Chavez, McCann, Rindone, and
Mayor Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and Senior
Deputy City Clerk Peoples
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATHS OF OFFICE
Mark Minas - Housing Advisory Commission
Pedro De Lara - Charter Review Commission
Joanne Clayton - Planning Commission
Scott Vinson - Planning Commission
Deputy City Clerk Bennett administered the oaths of office to Commissioners Minas, De Lara,
Clayton, and Vinson, and Deputy Mayor McCann presented them with certificates of
appointment.
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION TO BUCK
MARTIN, RECREATION DIRECTOR, AND THE FRIENDS OF PARKS AND
RECREATION, DECLARING JULY 16-22,2006 AS NATIONAL AQUATIC WEEK
IN THE CITY OF CHULA VISTA, ALONG WITH A CHECK FOR $3,500 FROM
RUDOLPH AND SLETTEN TO HELP FUND THE ELEMENTARY SCHOOL
LEARN TO SWIM PROGRAM
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Recreation
Director Martin. Mr. Rene Olivo, representing Rudolph and Sletten, presented a check to Mr.
Chris Boyd, Chair of the Friends of Parks and Recreation, to help fund the elementary school
learn-to-swim program. Recreation Director Martin then introduced Manuel Gonzalez, the new
Aquatic Supervisor III.
. PRESENTATION BY JACK BLAKELY, DIRECTOR OF THE THIRD AVENUE
VILLAGE ASSOCIATION, OF A $1,742 DONATION TO THE CHULA VISTA
ANIMAL CARE FACILITY FROM THE PET FEST 2006 PROCEEDS
/It-!
SPECIAL ORDERS OF THE DAY (continued)
DRAFT
Lisa Moctazuma, President of the Third Avenue Village Association, presented Dr. York, the
City's Veterinarian, with a check in the amount of$I,742.52, representing the proceeds from the
recent Pet Fest event, and thanked all of the event sponsors.
· DID YOU KNOW...THAT THERE'S A NEW LOOK ONLlNE? (Presented by Liz
Pursell, Communications Director)
Communications Director Pursell provided an overview of the new design of the City's website.
Mayor Padilla requested that the Mayor's photo be replaced with the recent Council portrait.
Councilmember Rindone inquired, and Ms. Pursell responded, that the feasibility of residents
being able to pay bills online is currently being explored. Councilmember Chavez encouraged
residents to sign up for the "e-brief." Deputy Mayor McCann suggested the ability to place park
reservations on-line be considered as well.
CONSENT CALENDAR
(Items I through 9)
Councilmember Castaneda stated he would abstain on Items 3A, 3B, 3C and 3D due to the
proximity of his property to the Districts. Councilmember Chavez stated she would abstain on
Item 3D due to the proximity of her property to the District. Deputy Mayor McCann stated he
would abstain on Items 3B and 3E due to the proximity of his property to the District. City
Attorney Moore stated that District 18 was being removed from consideration on Item 3A.
I. WRITTEN COMMUNICATIONS
A. Memorandum from Councilmember Castaneda requesting an excused absence
from the July II, 2006 City Council Meeting.
Staff recommendation: Council excuse the absence.
B. Letter of resignation from Gary Nordstrom, member ofthe Planning Commission.
(This vacancy was posted on July II, 2006 in accordance with the Maddy Act.)
Staff recommendation: Council accept the resignation.
C. Letter of resignation from Karen Batcher, member of the Board of Ethics.
Staff recommendation: Council accept the resignation and direct the City Clerk to
post the vacancy in accordance with the Maddy Act.
2. Item 2 was pulled from the Consent Calendar for discussion.
Page 2 - Council Minutes
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July 18, 2006
//J -..2,
DRAFT
CONSENT CALENDAR (continued)
3. A. RESOLUTION NO. 2006-209, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORTS FOR THE
FISCAL YEAR 2006/2007 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICTS 2 THROUGH 11,14,15,17, -1-&, 20, 23, 24, 26, 31 AND 33, EASTLAKE
MAINTENANCE DISTRICT NO.1, BAY BOULEVARD, AND TOWN CENTRE
MAINTENANCE DISTRICTS; DECLARING THE INTENTION TO LEVY AND
COLLECT ASSESSMENTS; AND SETTING A PUBLIC HEARING REGARDING
THESE ASSESSMENTS
B. RESOLUTION NO. 2006-210, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 200612007 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICT 1, DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE
ASSESSMENTS
C. RESOLUTION NO. 2006-211, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 200612007 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICT 18, DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE
ASSESSMENTS
D. RESOLUTION NO. 2006-212, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 2006/2007 SPREAD OF ASSESSMENTS FOR OPEN SPACE
DISTRICT 20, DECLARING THE INTENTION TO LEVY AND COLLECT
ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING THESE
ASSESSMENTS
E. RESOLUTION NO. 2006-213, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE ENGINEER'S REPORT FOR THE
FISCAL YEAR 200612007 SPREAD OF ASSESSMENTS FOR EASTLAKE
MAINTENANCE DISTRICT NO.1, DECLARING THE INTENTION TO LEVY AND
COLLECT ASSESSMENTS, AND SETTING A PUBLIC HEARING REGARDING
THESE ASSESSMENTS
F. RESOLUTION NO. 2006-214, RESOLUTION OF THE CITY CLERK OF THE CITY
OF CHULA VISTA APPROVING THE DEVELOPMENT OF A PUBLIC OUTREACH
AND EDUCATION EFFORT TO INCLUDE A BASELINE RESIDENT SURVEY
REGARDING POTENTIAL OPEN SPACE DISTRICT LEVY INCREASES
RELATED TO LEVELS OF SERVICE AND POTENTIAL EXPANSIONS OF
SERVICE FOR BRUSH MANAGEMENT EFFORTS TO ENHANCE FIRE SAFETY
The City administers and maintains 24 open space districts that have been established
over the last 30 years. The districts provide a financing mechanism to maintain the
public open space areas associated with each particular development. The levy of an
annual assessment for Fiscal Year 2006/2007 enables the City to collect sufficient funds
to provide these ongoing services. (Acting Engineering Director)
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DRAFT
CONSENT CALENDAR (continued)
Staff recommendation: Council adopt the resolutions and set the public hearing for
August 1,2006 at 4:00 p.m.
4. RESOLUTION NO. 2006-215, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ORDERING THE SUMMARY VACATION OF A
PORTION OF THE NORTHWESTERLY SIDE OF QUINTARD STREET LYING
ADJACENT TO THE PROPERTIES LOCATED AT 374, 392, 394, 396, AND 398
QUINT ARD STREET
The Engineering Department requests that a portion of the northwesterly side of Quintard
Street, immediately north of Orange Avenue and easterly of Fourth Avenue, be vacated,
as it is no longer needed for public use. (Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2006-216, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE COUNCIL TO APPROVE
CONTRACT WITH BOB MURRAY & ASSOCIATES TO CONDUCT AN
EXECUTIVE SEARCH FOR THE POSITION OF CITY MANAGER
Adoption of the resolution authorizes the Mayor to approve the scope of an agreement
with Bob Murray & Associates to conduct an executive search for the position of City
Manager. The firm of Bob Murray & Associates specializes in, and has an excellent
reputation throughout the State for conducting municipal executive recruitments.
(Human Resources Director)
Staffrecommendation: Council adopt the resolution.
6. RESOLUTION NO. 2006-217, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 BUDGET BY
APPROPRIATING $136,600 FROM THE AVAILABLE BALANCE OF THE
TRAFFIC CONGESTION RELIEF FUND TO PURCHASE CONSTRUCTION
MATERIALS TO COMPLETE STREET MAINTENANCE TASKS BY CITY CREWS
(4/5THS VOTE REQUIRED)
The Public Works Operations Department recently discovered that asphalt prices for
Fiscal Year 2007 would be increasing between 54% and 68%, depending on the type.
Therefore, based on the department's estimated usage, a budget adjustment is required to
ensure Street Maintenance crews continue to complete street-related tasks, such as
pothole patching and street reconstructions, throughout the year. (Public Works
Operations Director)
Staff recomrriendation: Council adopt the resolution.
7. RESOLUTION NO. 2006-218, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AWARDING A PURCHASING AGREEMENT OF $45,210
TO JENAL ENGINEERING CORPORATION FOR UNDERGROUND FUEL
STORAGE TANK REMOVAL AT THE JOHN LIPPITT PUBLIC WORKS CENTER
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DRAFT
CONSENT CALENDAR (continued)
The Public Works Center currently utilizes three underground storage tanks to hold
unleaded and diesel fuel. Although no fuel has spilled, two of the tanks failed to pass a
state-mandated test to ensure the integrity of the outer wall. As a result, the San Diego
County Department of Public Health has directed the City to remove these two non-
compliant tanks. (Public Works Operations Director)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2006-219, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE AN
ENCROACHMENT PERMIT NO. PE-682 FOR INSTALLATION OF A RETAINING
WALL AND FENCE ALONG EASTLAKE PARKWAY
In September 2005, the Design Review Committee approved the Eastlake Village Walk
at the southern comer of Eastlake Parkway and Miller Drive that consists of 13.3 acres of
commercial land. VWE, LLC, owners of the project, are proposing to construct a
retaining wall and fence within the City's right-of-way. The retaining wall was pursuant
to Section 12.28 of the Municipal Code. (Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2006-220, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN ENTRY PERMIT WITH SAN DIEGO
GAS AND ELECTRIC (SDG&E) TO ENTER ONTO SDG&E PROPERTY FOR USE
AS PUBLIC PARKING AT THE NATURE CENTER EVENT, AND AUTHORIZING
THE MAYOR TO EXECUTE THE ENTRY PERMIT
On July 22, 2006, the Nature Center will open its newest exhibits. The parking lot
normally used for Nature Center visitors is expected to be insufficient to meet the
demands of the weekend events at the Nature Center. SDG&E has offered the use of the
parcel immediately to the south of the current lot, but is requiring approval of a standard
Entry Permit. (Nature Center Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Mayor Padilla offered Items 1 and 3 through 9, headings read, texts
waived. The motion carried 5-0, with the exceptions that Item 3A carried
4-0-1 with the resolution amended to delete District 18 and
Councilmember Castaneda abstaining due to the proximity of his property
to the district; Item 3B carried 3-0-2 with Councilmember Castaneda and
Deputy Mayor McCann abstaining due to the proximity of their properties
to the district; Item 3C carried 4-0-1 with Councilmember Castaneda
abstaining due to the proximity of his property to the district; Item 3D
carried 3-0-2 with Councilmembers Castaneda and Chavez abstaining due
to the proximity of their properties to the district, and Item 3E carried 4-0-
I with Councilmember McCann abstaining due to the proximity of his
property to the district.
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DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR
2. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 RELATING TOrHE ESTABLISHMENT OF
UNCLASSIFIED POSITIONS TO ADD THE POSITIONS OF EXECUTIVE
DIRECTOR OF THE REDEVELOPMENT AGENCY/CEO OF THE CVRC, CBAG
EXECUTIVE DIRECTOR, AND DEVELOPMENT PLANNING IMPROVEMENT
MANAGER (SECOND READING, CONTINUED FROM JULY 11, 2006, 4/5THS
VOTE REQUIRED)
Chula Vista City Charter section 500 requires that all unclassified positions not
mentioned specifically in Charter section 500 be adopted by ordinance. Adoption of the
ordinance adds the unclassified position titles of Executive Director of the
Redevelopment Agency/CEO of the CVRC, CBAG Executive Director, and
Development Planning Improvement Manager to Municipal Code Section 2.05.010.
(Budget and Analysis Director)
Interim City Manager Thomson explained that the Municipal Code currently lists titles of all
unclassified positions previously approved by the Council. The proposed ordinance would add
the titles ofthree new positions created in the Fiscal Year 2007 budget. He further explained that
the addition of the positions to the unclassified service was a personnel classification only, to
designate the positions as "at will;" and had no impact on the budget.
Councilmember Rindone asked staff to refine the process on how to handle unclassified
positions that are not funded.
ACTION:
Deputy Mayor McCann moved to direct staff to bring the ordinance back as
amended to remove the positions of Community Liaison in the Office of Mayor
and Council, the Director of Employee Development, and the CBAG Operations
and Intelligence Coordinator. Councilmember Castaneda seconded the motion
and also suggested that staff further review the ordinance to delete any other
currently unfunded positions bringing back a revised ordinance reflecting only the
budgeted unclassified positions. Deputy Mayor McCann clarified, and
Councilmember Castaneda as the second concurred, that the intent of the motion
was to bring back the ordinance with three added positions, four positions
removed, and make clear the specific positions added and deleted. The motion
carried 5-0.
PUBLIC COMMENTS
David Stucky, representing the Rolling Hills Ranch Community Association, spoke regarding a
letter he submitted to the City on behalf of the association requesting reconsideration of the
designation of certain City streets within his neighborhood as truck routes. He said he received a
response from Deputy Mayor McCann stating that the new signs would be replaced with the
prior five-ton limit signs, but only one had actually been replaced. Mr. Stucky asked the Council
to reconsider its decision of March 21 stand restore all three streets to their former status, stating
that the changes were made with no input from the community, imposed unreasonable traffic
noise and pollution for the residents, and created dangerous issues for pedestrian traffic and
school children.
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DRAFT
ACTION ITEMS
10. CONSIDERATION OF A REPORT FROM THE CHARTER REVIEW COMMISSION
REGARDING THE APPOINTMENT PROCESS FOR UNANTICIPATED
VACANCIES ON THE CITY COUNCIL
By request of the Council, the Charter Review Corrunission reviewed the provisions of
the City Charter regarding the process for filling unanticipated vacancies on the City
Council. In the report, a series of recorrunendations were presented for Council
consideration. (City Attorney)
Assistant City Attorney Hull presented the report, which addressed the background and the four
issues referred by the Council to the Charter Review Commission. Mayor Padilla and individual
Councilmembers recognized and thanked the Charter Review Corrunissioners for their work and
recommendations.
Pamela Bensoussan stated the important issues were that the paring down of applicants be done
in public, that there be a one-year hiatus for an appointee to run for the same office, that there be
an election if more than one year remained in the term, and that there be an appointment if less
than one year remained. She urged the Council to respect the major points brought forward and
limit tweaking to minor details. She also concurred with Council corrunents proposing a 45-day,
rather than 30-day, period in which to make an appointment; that a unanimous vote to appoint
was unnecessary; and that the initial selection of candidates should be done in public.
ACTION:
Councilmember Rindone moved, with Councilmember Castaneda seconding the
motion for purpose of discussion, to accept the Charter Review Commission's
report with the following changes: fill a vacancy by election when there are two
or more years, rather than only one year, remaining; delete the requirement for a
unanimous vote, but require 3 out of 4 affirmative votes; a sub-committee be
created to look at the timeframe of Items 1-9 of the proposed policy to be sure
there is flexibility, and paring down of applicants is to be done in public.
Councilmember Castaneda submitted a friendly amendment to the motion to pose
a question to limit appointments to one year or less and to have a single election
in which the candidate with the highest number of votes would be successful in
order to minimize the cost of a special election to the City. Mayor Padilla asked
Councilmember Castaneda to clarify the amendment. Councilmember Castaneda
stated he had misread the intent of the Charter Review Commission and the
friendly amendment would just include the remaining term of one year or less.
Mayor Padilla stated that if the Council was inclined to limit its amendments to
minor details and place the bigger questions, such as the length of the remaining
term, before the electorate, there could be a two-stage proposition.
Councilmember Castaneda concurred, withdrew his friendly amendment, and
proposed a second friendly amendment to include the two-step option suggested
by the Mayor. Councilmember Rindone stated that he wanted one option to be
that two years or more would require an election and two years or less could be a
decision of the Council. He then stated he would accept the friendly amendment
provided it did not affect the majority requirement. Councilmember Rindone, as
the maker of the motion, and Councilmember Castaneda, as the second, concurred
to include in the motion the concept of extending the process from 30 to 45 days.
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ACTION ITEMS (continued)
Mayor Padilla stated he was opposed to the prohibition on seeking office at the
ballot box by an appointed individual. He then reiterated the motion as he
understood it to be: accept the report and recommendation of the Charter Review
Commission; remove the requirement for unanimity and only require a majority
vote of the remaining Councilmembers; create a sub-committee to look at the
timeframes and details of the policy; place a two-tiered item before the voters on
the question of appointment with one or two years remaining on a term; expand
the appointment period from 30 to 45 days; direct staff to clean up some of the
details in the policy to reflect the general direction of the Council; and direct staff
to bring back a finalized document for consideration of placement before the
voters.
Councihnember Rindone asked Assistant City Attorney Hull to restate what the
Council would vote on regarding Charter revisions. Assistant City Attorney Hull
stated that staff was directed to bring back two options for the voters to consider:
I) at the two-year mark, an election would be held; ifless than two years remain,
an election could still be held provided that the language regarding the nominal
term remains, and 2) if there were one year left, there would be an election, as
was proposed by the Charter Review Commission. Additionally, the majority
requirement would be changed from the recommended unanimous vote to a
simple majority, and staff would ensure the Charter language is consistent; a sub-
committee would be created to look at the timeframe; and staff would make sure
the Charter reflects there are 45-days to make an appointment and the majority
election language is retained. All other language as proposed by the Charter
Review Commission would be brought back for placement on the ballot.
The motion carried 5-0.
II. CONSIDERATION OF ADOPTION OF AN ORDINANCE REGULATING
LOBBYISTS IN THE CITY OF CHULA VISTA
On May 23, 2006, the Council placed on first reading a draft ordinance regulating
municipal lobbyists. Council then directed the ordinance be sent to the Board of Ethics
for review prior to the second reading. The second reading was to be considered within
60 days of the first reading. (City Attorney)
Assistant City Attorney Hull presented the staff report, noting that the Council placed the
ordinance on first reading and requested its review by the Ethics Commission. The Ethics
Commission held two hearings and recommended that the Council approve the ordinance as
written, with a future review that would include consideration of two additional provisions. One
would be to require lobbyists to provide a list of gifts given to officials covered by the ordinance,
publicly disclosing them in some format; and two, documentation of when a lobbyist collects
campaign contributions and delivers them to a candidate, publicly disclosing them in some
format.
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DRAFT
ACTION ITEMS (continued)
Jerry Livingston, staff counsel to the Building Industry Association, expressed concerns with
potential inadvertent failure to report items, such as the number of contacts, as required by the
ordinance; the need for exemptions for routine land use items as in other jurisdictions; the
exemption of community organizations that are not paid, which allows them to fly under the
radar; and the request for reporting of charitable contributions. Mr. Livingston suggested thathis
organization and others in the business community, such as the South County Economic
Development Commission, Chula Vista Chamber of Commerce, and contracting-related
organizations, be contacted to discuss the proposed ordinance in more detail prior to adoption.
Additionally, in response to an inquiry by Councilmember Rindone, Mr. Livingston suggested
that the end of January be considered as the filing deadline. He also stated that the requirement
for quarterly report filing is a common practice; however, the Connty of San Diego requires
reporting only if something is done, and the Airport Authority has quarterly filing requirements
only on big-picture items.
Councilmember Castaneda inquired if charitable donations made at the behest of a City official
to a for-profit or non-profit organization would be covered. Assistant City Attorney Hull
responded that the ordinance provisions would cover them, however, donations made to the City
have not yet been analyzed.
Jackie Lancaster stated the ordinance should not be adopted without requiring everyone paid to
lobby City officials to be registered, including nnions and labor organizations; it should be
rewritten in plain, simple language for the average citizen to be able to understand it; and
although the staff report states no fiscal impact, consideration should be given to the need for an
additional staff person to monitor the filings.
Deputy Mayor McCann concurred with Ms. Lancaster's comment that the ordinance is difficult
to read and comprehend. He also expressed concerns with the charitable contribution clause and
referred to a memo from the City Clerk regarding the need for additional staff to handle the
additional work created by the ordinance. Further, he stated it must be an efficient system.
ACTION:
Deputy Mayor McCann moved to create a Council subcommittee to work on the
ordinance to ensure it achieves the actual goals of the Council and is easily
understood by the citizens. Mayor Padilla seconded the motion for discussion and
clarified that the Council consensus was to continue the item, refer it back to staff
for amendments, work with the Conncil subcommittee on those amendments, and
bring back a final recommended draft to the CounciL Deputy Mayor McCann
called for the question, and the motion carried 5-0.
Councilmember Rindone inquired and received confirmation that the vote included
disseminating the proposed ordinance to community groups for input, with the final draft being
brought back to the Council for approvaL Mayor Padilla suggested that Deputy Mayor McCann
and Conncilmember Chavez serve on the sub-committee.
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DRAFT
12. CITY MANAGER'S REPORTS
Interim City Manager Thomson stated that a special dinner for Kitty Razo was scheduled on
August 3rd at 6:00 p.m., the same time as the regularly scheduled Council workshop. He
recommended that the workshop be cancelled, and the Council concurred with his
recommendation.
13. MAYOR'S REPORTS
There were none.
14. COUNCIL COMMENTS
There were none.
CLOSED SESSION
15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One Case
No reportable action was taken on this item.
ADJOURNMENT
At 10:30 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on July 25, 2006 at
6:00 p.m. in the Council Chambers.
\X~~p~
Lori Anne Peoples, CMC, Senior Deputy City Clerk
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MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
August I, 2006
4:00P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 4: II
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, Chavez, McCann, Mayor Padilla
ABSENT: Councihnembers: Rindone (excused)
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY SUSAN BIGELOW, CITY CLERK, OF THE EMPLOYEE OF
THE MONTH, SHEREE KANSAS, RECORDS SPECIALIST
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Ms. Kansas.
City Clerk Bigelow recognized Ms. Kansas for her many attributes, including her "can-do"
attitude and outstanding customer service skills.
. PRESENTATION BY MAYOR PADILLA OF A PROCLAMATION DESIGNATING
AUGUST 12TH AS ARBOR DAY IN THE CITY OF CHULA VISTA, TO KIRSTEN
SCHATZ OF ENVIRONMENT CALIFORNIA AND MAYRA NUNEZ OF THE
LOWRIDER COMMUNITY OF SAN DIEGO
Environmental Resource Manager Reed introduced Ms. Schatz, Ms. Nunez, and Ms. Sherry
Yafuso. He also announced the upcoming Arbor Day tree-planting event on August 12, 2006,
from 9:00 a.m. to II :00 a.m., in Eucalyptus Park. Mayor Padilla then read the proclamation, and
Deputy Mayor McCann presented it to Ms. Schatz, Ms. Nunez and Ms. Yafuso.
.
PRESENTATION BY MAYOR PADILLA OF
CELEBRATION OF COLDWELL BANKER
ANNNERSARY, AUGUST 5, 2006
A PROCLAMATION IN
REALTY'S lOa-YEAR
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to representatives
of Coldwell Banker Realty.
. DID YOU KNOW...ABOUT THE CITY'S GREENHOUSE GAS REDUCTION PLAN
AND ITS ACCOMPLISHMENTS? Presented by Brendan Reed, Environmental
Resource Manager, and Michael Meacham, Director, from the Department of
Conservation & Environmental Services.
//3 <pI
DRAFT
Conservation & Environmental Services Director Meacham introduced Environmental Resource
Manager Reed, who then presented the City's greenhouse gas reduction plan and its
accomplishments. Councilmember Castaneda thanked Mr. Meacham and Mr. Reed for their
work, stating that Chula Vista is clearly on the cutting edge of efforts being made with regard to
greenhouse gas reduction. He also thanked the Council for its commitment and mentioned that
international efforts are being made to deal with greenhouse gas issues.
CONSENT CALENDAR
(Items 1 through 9)
The minutes of June 20,2006, were removed from the agenda at the request of the City Clerk.
1. APPROVAL OF MINUTES of the Regular Meeting of June 6, the Special Meeting of
June 6, the Workshop of June 8, the Special Meeting of June 8, the Regular Meeting of
June 13, the Special Meeting of June 15, the Adjourned Regular Meeting of June 15, and
the Regular Meeting of June 20, 2006.
Staff recommendation: Council approve the minutes.
2. WRITTEN CORRESPONDENCE
Letter of resignation from Maria Moya, Member of the Growth Management Oversight
Commission.
Staff recommendation: Council accept the resignation and direct the City Clerk to post
the vacancy in accordance with the Maddy Act.
3. ORDINANCE NO. 3040, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING CHULA VISTA MUNICIPAL CODE SECTION 2.05.0lD RELATING
TO THE ESTABLISHMENT OF UNCLASSIFIED POSITIONS TO ADD THE
POSITIONS OF EXECUTNE DIRECTOR OF THE REDEVELOPMENT
AGENCY/CEO OF THE CVRC, CBAG EXECUTIVE DIRECTOR, AND
DEVELOPMENT PLANNING AND IMPROVEMENT MANAGER AND TO
DELETE THE POSITIONS OF COMMUNITY LIAISON (ASSIGNED TO THE
OFFICE OF THE MAYOR AND COUNCIL), BUILDING AND PARK
CONSTRUCTION MANAGER, CBAG OPERATIONS/INTELLIGENCE
COORDINATOR, AND DIRECTOR OF EMPLOYEE DEVELOPMENT (SECOND
READING
Chula Vista City Charter section 500 requires that all unclassified positions not
mentioned specifically in Charter section 500 be adopted by Ordinance. Adoption of the
ordinance adds the unclassified position titles of Executive Director of the
Redevelopment Agency/CEO of the CYRC, CBAG Executive Director, and
Development Plarming Improvement Manager to Municipal Code Section 2.05.010. The
following positions are being deleted from Municipal Code Section 2.05.010:
Community Liaison (Assigned to the Office of the Mayor and Council), Building and
Park Construction Manager, CBAG Operations/Intelligence Coordinator, and Director of
Employee Development. This ordinance was introduced on July 25, 2006. (Budget and
Analysis Director)
Staff recommendation: Council adopt the ordinance.
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CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2006-233, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY MANAGER TO EXECUTE
THE COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) CONTRACTS AND
AN EMERGENCY SHELTER GRANT (ESG) CONTRACT FOR FISCAL YEAR
2006/2007 BETWEEN THE CITY OF CHULA VISTA AND VARIOUS
COMMUNITY GROUPS; AND THE GRANT AGREEMENTS BETWEEN THE CITY
OF CHULA VISTA AND THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT
On April 4, 2006, the Council approved Community Development Block Grant (CDBG)
funds for public service programs, community enhancement projects, city capital
improvement programs, as well as the Emergency Shelter Grant (ESG) program.
Adoption of the resolution authorizes the City Manager to execute contracts between the
City and each sub-recipient of CDBG and ESG funds, in accordance with the U.S.
Department of Housing and Urban Development (RUD) requirements. (Acting
Community Development Director)
Staffrecommendation: Council adopt the resolution.
5. A. RESOLUTION NO. 2006-234, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A FIRST AMENDMENT TO THE
AGREEMENT WITH BEST BEST AND KRIEGER, LLP, FOR SPECIAL COUNSEL
LEGAL SERVICES REQUIRED FOR THE FORMATION OF MAINTENANCE
COMMUNITY FACILITIES DISTRICT NO. 13-M AND THE ANNEXATION TO
IMPROVEMENT AREA A OF THE EXISTING OTAY RANCH PRESERVE
MAINTENANCE DISTRICT (CFD 97-2) FOR THE OTAY RANCH VILLAGE TWO
PROJECT, AND AUTHORIZING THE MAYOR TO EXECUTE SAID AMENDMENT
B. RESOLUTION NO. 2006-235, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE INITIATION OF PROCEEDINGS TO
CONSIDER THE FORMATION OF COMMUNITY FACILITIES DISTRICT NO. 13-
M (OTAY RANCH VILLAGE TWO) FOR OTAY PROJECT L.P., AND APPROVING
THE FORM OF THE REIMBURSEMENT AGREEMENT
Under the existing agreement with Best Best and Krieger, LLP, the scope of work is to
provide special tax legal counsel services for the formation of a maintenance community
facility district for Otay Ranch Village Seven, pursuant to the Mello-Roos Community
Facilities Act of 1982. Adoption of the resolutions expands the scope of work to include
similar legal counsel services for the Otay Ranch Village Two project; and, in
compliance with Council policy, Otay Project, L.P. submitted an application for
establishing Community Facilities District No. 13-M to fund the maintenance of certain
public improvements for the Otay Ranch Village Two project. (Acting Engineering
Director)
Staff recommendation: Council adopt the resolutions.
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DRAFT
CONSENT CALENDAR (Continued)
6. A. RESOLUTION NO. 2006-236, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A PARCEL MAP THAT IS PROPOSING TO
VACATE A PORTION OF ROAD SURVEY 172, ALSO BEING CALLED PROCTOR
VALLEY ROAD, LYING WITHIN PARCEL 2 OF PARCEL MAP 16033, GRANTED
TO THE COUNTY OF SAN DIEGO BY DOCUMENT FILED IN BOOK 304, PAGE 9
DEEDS ON OCTOBER 24, 1900 OF OFFICIAL RECORDS OF SAN DIEGO
COUNTY, AND APPROVING THE ASSOCIATED PARCEL MAP AGREEMENT
FOR THE PROJECT
B. RESOLUTION NO. 2006-237, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE GRANT OF EASEMENTS AND
MAINTENANCE AGREEMENT FOR CHULA VISTA TRACT NO. 99-04, THE
SHOPS AT SAN MIGUEL RANCH, BETWEEN MCMILLIN SAN MIGUEL RANCH
LLC, AND THE CITY REGARDING MAINTENANCE OF PRIVATE FACILITIES
WITHIN THE PUBLIC RIGHT-OF-WAY
On February 29, 2000, the San Miguel Ranch tentative map was approved showing a
commercial center at the southeast comer of Proctor Valley and Mount Miguel Roads.
McMillan San Miguel Ranch LLC has requested approval of a parcel map and vacation
of a public road easement that lies within Parcel 2 of Parcel Map 16033. (Acting
Engineering Director)
Staff recommendation: Council adopt the resolutions.
7. A. RESOLUTION NO. 2006-238, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE FUTURE PURCHASES OF CELL
PHONE EQUIPMENT AND SERVICE FROM VERIZON WIRELESS, TO BE
CONDUCTED ON AN AS-NEEDED BASIS, IN ACCORDANCE WITH THE TERMS
AND CONDITIONS OF STATE OF CALIFORNIA MASTER CONTRACT NO. 1S-
05-58-02
B. RESOLUTION NO. 2006-239, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING A COUNCIL POLICY ON CELL PHONE
ISSUANCE AND USAGE
The Purchasing Agent is authorized to participate in cooperative bids with other
governmental agencies for the purchase of materials and services of common usage. The
City will benefit from a master contract issued by the State of California. Adoption of the
resolutions authorizes the purchase of cell phone equipment and service in accordance
with the State of California master contract and adopts a policy regulating the issuance
and usage of cell phones. (Finance Director)
Staff recommendation: Council adopt the resolutions.
Page 4 - Council Minutes
/13-1/
August I, 2006
DRAFT
CONSENT CALENDAR (Continued)
8. RESOLUTION NO. 2006-240, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A REQUEST BY GLEN GOOGINS FOR
THE WAIVER OF POTENTIAL OR ACTUAL CONFLICT OF INTEREST WITH
RESPECT TO GLEN GOOGINS' REPRESENTATION OF TWO POTENTIAL
CLIENTS
Former Senior Assistant City Attorney Glen Googins has requested that the City Attorney
confirm that his prospective representation of Mr. Jose Cortes and Bayscene LLC does
not present a conflict of interest. The City Attorney's office recommends waiving any
potential or actual conflicts related to Mr. Googins' proposed representation of these two
clients. (City Attorney)
Staffrecommendation: Council adopt the resolution.
9. RESOLUTION NO. 2006-241, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING STAFF'S ACTION ON APPROVING
CHANGE ORDER NO.2 WITH MJC CONSTRUCTION TO COMPLETE THE "ADA
PEDESTRIAN RAMPS, INTERSECTION OF FIRST AVENUE AND KEARNEY
STREET, IN THE CITY OF CHULA VISTA, CALIFORNIA (CIP NO. STL-317A)"
PROJECT
This change order was required to add an item of work not originally included in the
project design and to adjust the quantities for several items of work originally included in
the project. All actions were necessary to complete the project in accordance with City
standards and to provide for a timelier and improved project outcome. (General Services
Director)
Staff recommendation: Council adopt the resolution.
ACTION:
Mayor Padilla moved to approve staffs recommendations and offered the
Consent Calendar, headings read, texts waived, with the minutes of June 20, 2006
removed from the agenda at the request of the City Clerk. The motion carried
4-0.
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were none.
PUBLIC COMMENTS
Adam Leon stated that as part of his Boy Scout requirement for community citizenship, he had to
attend a City Council meeting and had attended five meetings to date. He talked about recent
newspaper articles regarding the retirement of City Manager Rowlands and asked why Mr.
Rowlands was not permitted to talk about the City for one year and what the City had to hide.
He said that if this was the position of the Council, then there needed to be a newly appointed
Council. Mr. Leon questioned how, as a Boy Scout, he could serve his community if community
leaders could not be trusted.
Page 5 - Council Minutes
August I, 2006
/13~5'
DRAFT
PUBLIC COMMENTS (Continued)
Kevin O'Neill spoke about the proliferation of commercial graffiti in the community by way of
pirate real estate signs being placed in the public right-of-way. He stated that under the
Business and Professions Code, realtors/agents are required to place the name of the broker in
the comer of the signs. He believed that City Code Enforcement staff should not be wasting time
removing the signs, and a phone call by City staff to brokers regarding the signs would place the
responsibility for removing the pirate signs on the respective realtors/agents. Mr. O'Neill also
suggested that the City implement a sign license for realtors.
Carlos Rico asked about any new developments regarding the recent visit to the City by
representatives of the San Diego Chargers. Mayor Padilla responded that the matter would be
addressed later in the meeting.
PUBLIC HEARINGS
10. CONSIDERATION OF FISCAL YEAR 2006/2007 LEVY OF ASSESSMENTS AND
COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE
DISTRICT 1 AND EASTLAKE MAINTENANCE DISTRICT NO.1
The City administers and maintains 36 open space districts and associated zones that
have been established over the last 30 years. The districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development. The levy of an annual assessment for Fiscal Year 2006/2007 enables the
City to provide these ongoing services. Adoption of the following resolution approves
the levy of the assessment and collectibles for Open Space District 1 and Eastlake
Maintenance District No.1. (Acting Engineering Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Deputy Mayor McCann stated that he would abstain from discussion and voting on the item due
to the proximity of his property to the district. He then left the dais.
Mayor Padilla opened the public hearing. There being no members of the public who wished to
speak, Mayor Padilla closed the public hearing.
ACTION:
Councilmember Castaneda offered Resolution No. 2006-242, heading read, text
waived:
RESOLUTION NO. 2006-242, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTffiLES FOR OPEN SPACE
DISTRICT NO. 1 AND EASTLAKE MAINTENANCE DISTRICT
NO.1
The motion carried 3-0-1, with Deputy Mayor McCann abstaining due to the
proximity of his property to the district.
Page 6 - Council Minutes
/6 - t,
August I, 2006
DRAFT
PUBLIC HEARINGS (Continued)
Deputy Mayor McCann returned to the dais at 4:52 p.m.
11. CONSIDERATION OF FISCAL YEAR 2006/2007 LEVY OF ASSESSMENTS AND
COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE
DISTRICT 18
The City administers and maintains 36 open space districts and associated zones that
have been established over the last 30 years. The districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development. The levy of an annual assessment for Fiscal Year 2006/2007 enables the
City to provide these ongoing services. Adoption of the following resolution approves
the levy of the assessment and collectibles for Open Space District 18. (Acting
Engineering Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Councilmember Castaneda stated that he would abstain from discussion and voting on Item 11
due to the proximity of property in which he has an interest to the open space district. He then
left the dais.
Mayor Padilla opened the public hearing. There being no members of the public who wished to
speak, Mayor Padilla closed the public hearing.
ACTION:
Mayor Padilla offered Resolution No. 2006-243, heading read, text waived:
RESOLUTION NO. 2006-243, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE
DISTRICT 18
The motion carried 3-0-1, with Councilmember Castaneda abstaining due to the
proximity of property in which he has an interest to the open space district.
12. CONSIDERATION OF FISCAL YEAR 2006/2007 LEVY OF ASSESSMENTS AND
COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE
DISTRICTS 2 THROUGH 11, 14, 15, 17,23,24,26,31 AND 33, BAY BOULEVARD,
AND TOWN CENTRE MAINTENANCE DISTRICTS
The City administers and maintains 36 open space districts and associated zones that
have been established over the last 30 years. The districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development. The levy of an annual assessment for Fiscal Year 200612007 enables the
City to provide these ongoing services. (Acting Engineering Director)
Page 7 - Council Minutes
August I, 2006
/13.. 7
PUBLIC HEARINGS (Continued)
DRAFT
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. There being no members of the public who wished to
speak, Mayor Padilla closed the public hearing.
ACTION:
Deputy Mayor McCann offered Resolution No. 2006-244, heading read, text
waived:
RESOLUTION NO. 2006-244, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE
DISTRICTS 2 THROUGH 11, 14, 15, 17,23,24,26,31 AND 33, BAY
BOULEVARD, AND TOWN CENTRE MAINTENANCE DISTRICTS
The motion carried 3-0, with Councilmember Castaneda absent from the dais.
Councilmember Castaneda returned to the dais at 4:55 p.m.
ACTION ITEMS
13. CONSIDERATION OF PLACEMENT OF A BALLOT MEASURE ON THE
NOVEMBER 7,2006 STATEWIDE GENERAL ELECTION, REGARDING ARTICLE
34 OF THE STATE OF CALIFORNIA CONSTITUTION, TO AUTHORIZE THE
CITY'S PARTICIPATION IN FUTURE AFFORDABLE HOUSING PROJECTS
Article 34 of the State of California Constitution, adopted in 1950, specifies the
circumstances under which public agencies have the authority for construction,
development, and acquisition of affordable units for low-income renters throughout the
City. The City is nearing the limit of the 400 units previously approved under Article 34
by City of Chula Vista voters on April 11, 1978, and adopted by Ordinance No. 1897,
and will require authorization to participate in future affordable housing projects (Acting
Community Development Director)
ACTION:
Deputy Mayor McCann moved to continue this item at the request of staff to
August 8, 2006. Mayor Padilla seconded the motion, and it carried 4-0.
14. CONSIDERATION OF AN APPROPRIATION OF FUNDS TO THE SALT CREEK
SEWER INTERCEPTOR PROJECT (SW-219) FOR THE REPAIR OF DAMAGED
PUBLIC INFRASTRUCTURE AND MITIGATION OF POTENTIAL FUTURE
DAMAGES
Adoption of the resolution appropriates $550,000 from the available balance of the trunk
sewer capital reserve fund to the Salt Creek sewer interceptor project (SW-219) and
authorizes the use of these and other available project funds to be used to pay for repairs
and unforeseen subsurface conditions associated with the Salt Creek interceptor sewer.
(Public Works Operations Director)
Page 8 - Council Minutes
August I, 2006
lB.;
DRAFT
ACTION ITEMS (Continued)
Assistant Public Works Director Hopkins presented the project and, in particular, the five-mile
section under Main Street, between Industrial Boulevard and Heritage.
Councilmember Castaneda asked staff to ensure that the final asphalt repair work on Main Street
was done as seamlessly as possible, avoiding any quilt patchwork.
ACTION:
Deputy Mayor McCann offered Resolution No. 2006-245, heading read, text
waived:
RESOLUTION NO. 2006-245, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING
$550,000 FROM THE AVAILABLE BALANCE OF THE TRUNK
SEWER CAPITAL RESERVE FUND TO THE SALT CREEK SEWER
INTERCEPTOR (SW-219) PROJECT AND AUTHORIZING THE USE
OF THESE FUNDS AND OTHER AVAILABLE PROJECT FUNDS TO
BE USED FOR THE REPAIR OF DAMAGED PUBLIC
INFRASTRUCTURE AND THE MITIGATION OF POTENTIAL
FUTURE DAMAGES DUE TO TRENCH SETTLEMENT AND
UNFORESEEN SUBSURFACE CONDITIONS ASSOCIATED WITH
THE CONSTRUCTION OF THE SALT CREEK INTERCEPTOR
SEWER
The motion carried 4-0.
15. STATUS REPORT REGARDING OTAY VALLEY REGIONAL PARK PLANNING
ACTIVITIES AND BUDGETING
Over the past decade, the City of Chula Vista, along with the City of San Diego and the
County of San Diego, have been assembling land and establishing guiding documents for
the formation of the planned 8,000-acre Otay Valley Regional Park. The report provided
an update on efforts to establish this tremendous open space resource for residents of the
City of Chula Vista and the South County. (Planning and Building Director)
Principal Planner Bazzel gave a status report and update on the Otay Valley Regional Park. He
also requested that Item 16 be considered together with Item 15.
John Willett, Chairperson for the Otay Valley Regional Park Citizens Advisory Committee and
Chair for the Otay River Valley Clean-up Project, talked about the historical background of the
area for the proposed Park Ranger station and past clean-up projects performed by the Citizens
Advisory Committee.
Deputy Mayor McCann recognized Mr. Willett for his role in the clean-up projects and as a
consummate volunteer for the City. He also thanked Principal Planner Bazzel and Recreation
Director Martin, as well as the many volunteers, for their involvement with the Otay Valley
Regional Park project. He then talked about the many future benefits and activities that would
result from the Greenbelt Master Plan.
Page 9 - Council Minutes
/Iir 7
August I, 2006
DRAFT
ACTION ITEMS (Continued)
Councilmember Chavez thanked everyone involved in the project, which will be something for
everyone to enjoy for many years to come.
Mayor Padilla thanked Deputy Mayor McCann for his service on the Otay Valley Regional Park
Citizens Advisory Committee, and collaboration with the City and County of San Diego. He
also thanked the "Friends" organization and Mr. Willett for their volunteer efforts.
ACTION:
Deputy Mayor McCann moved to accept the report. Councilmember Castaneda
seconded the motion, and it carried 4-0.
16. CONSIDERATION OF APPROPRIATION OF FUNDS FOR THE PURCHASE AND
CONSTRUCTION OF A PARK RANGER STATION AND FACILITIES FOR THE
OTA Y V ALLEY REGIONAL PARK
Over the past decade, the City, along with the City of San Diego and the County of San
Diego, have been assembling/maintaining land, and establishing guiding documents. for
the formation ofthe Otay Valley Regional Park (OVRP) under a Joint Exercise of Powers
Agreement (JEPA). Through the JEPA, each jurisdiction has been contributing fair share
funding for OVRP-related costs. Adoption of the resolution appropriates $100,000,
matching the City of San Diego and the County of San Diego, for the purchase and
construction of a park ranger station and facilities for the OVRP. (Planning and Building
Director)
ACTION:
Deputy Mayor McCann offered Resolution No. 2006-246, heading read, text
waived:
RESOLUTION NO. 2006-246, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROPRIATING
$100,000 TO THE OTHER SERVICES CATEGORY OF THE FISCAL
YEAR 2007 PLANNING AND BUILDING DEPARTMENT BUDGET
FROM THE AVAILABLE BALANCE OF THE GENERAL FUND FOR
THE PURCHASE OF A PARK RANGER STATION AND RELATED
RESTROOM FACILITIES FOR THE OTAY VALLEY REGIONAL
PARK, AND AUTHORIZING THE CITY MANAGER TO EXECUTE
AN AGREEMENT WITH THE CITY OF SAN DIEGO,
TRANSFERRING A TOTAL OF $200,000 TO THE CITY OF SAN
DIEGO
The motion carried 4-0.
OTHER BUSINESS
17. CITY MANAGER'S REPORTS
Interim City Manager Thomson announced an upcoming Council workshop on August 3, 2006,
at 6:00 p.m. in the Council Chambers, to discuss the General Plan implementation.
Page 10 - Council Minutes
11.3~/()
August 1, 2006
OTHER BUSINESS (Continued)
18. MAYOR'S REPORTS
DRl~\FT
Ratification of reappointments to the following boards, committees and commissions:
Appeals and Advisors Board: Matt Flach
Charter Review Commission: Humberto Peraza
Childcare Commission: Nancy Kerwin (ex-officio), Jerome Sandoval
Commission on Aging: Helen Marie Stokes, John Acosta
Cultural Arts Commission: Kerry Knowlton, Tiffany Vinson, Susana Liston, Sara
Deavenport
Board of Ethics: Michael German
Growth Management Oversight Commission: Matthew Waters
Housing Advisory Commission: Gregory Alabado, Nancy Batterman (ex-officio)
Human Relations Commission: Perny Cosca-Reese, Juan Celeya
International Friendship Commission: Elva Mellor
Board of Library Trustees: Eduardo Valerio
Mobilehome Rent Review Commission: Joanne Clayton
Parks and Recreation Commission: Francisco Rios
Resource Conservation Commission: Douglas Reid, Eric Mosolgo, Lynda Gilgun
ACTION:
Mayor Padilla moved to ratify the above-listed appointments. Deputy Mayor
McCann seconded the motion, and it carried 3-0, with Councilmember Castaneda
absent from the dais.
19. COUNCIL COMMENTS
Joint report from Mayor Padilla and Deputy Mayor McCann on discussions with the San
Diego Chargers.
Recommendation: Council receive the report and authorize continued limited discussions
with the San Diego Chargers.
Mayor Padilla reported that both he and Deputy Mayor McCann recently met with Mr. Spanos
and Mr. Fabiani of the Chargers franchise organization. The meeting included comprehensive
discussions on overall City planning efforts and a tour of a variety of City sites. He stated that
the Chargers' representatives were sincere about considering alternatives in the San Diego
County region, including Chula Vista.
Deputy Mayor McCann stated that the Chargers franchise would like to ensure a win-win deal;
that if the City were to move forward, there would be no direct taxpayer subsidy; and that
financing would come from private entities. He believed that the City was moving forward in a
cautious but optimistic manner and reported that the next steps would include an analysis by the
Chargers franchise consultants and a future meeting with City staff to discuss such matters as
land uses. He acknowledged and thanked City Attorney Moore, Interim City Manager Thomson,
Assistant City Manager Madigan, and Planning and Building Director Sandoval for their work
on the matter.
ACTION:
Deputy Mayor McCann moved to authorize continuing informal discussions with
the San Diego Chargers. Mayor Padilla seconded the motion, and it carried 4-0.
Page 11 - Council Minutes
/.6 ~//
August 1, 2006
DRAFT
CLOSED SESSION
20. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
Workers' Compensation Appeals Board, Case Nos. SDO 0294160 and SDO
0294161
This item was removed from the agenda at the request of staff. It was not discussed, and no
action was taken.
21. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Two cases
No reportable action was taken. City Attorney Moore added that a report would be issued
following a meeting with the opposing party and resolution of the matter, hopefully by the end of
the week.
ADJOURNMENT
At 6:22 p.m., Mayor Padilla adjourned the meeting to a Council workshop on August 3, 2006 at
6:00; and thence to the Regular Meeting on August 8, 2006 at 6:00 p.m. in the Council
Chambers.
~~w~.c(~
Susan Bigelow, MMC, City Clerk
Page 12 - Council Minutes
August 1, 2006
/8 -/.,)...
DRAFT
MINUTES OF AN ADJOURNED REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
August 3, 2006
6:00 P.M.
An Adjourned Regular Meeting of the City Council of the City of Chula Vista was called to
order at 6:11 p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula
Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda (arrived at 6:30 p.m.), Chavez,
McCann, Rindone, and Mayor Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT:
Interim City Manager Thomson, City Attorney Moore, and City
Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
WORKSHOP
1. GENERAL PLAN IMPLEMENT AnON
The purpose ofthis workshop was to provide the Council with a broad-based overview of
the programs, tools, and processes necessary to implement the recently-adopted update of
the City's General Plan.
Planning and Building Director Sandoval explained that the purpose of the workshop was to
arrive at a common understanding of the magnitude of the General Plan implementation efforts;
tools necessary for implementation; overall timefTame to create tools; anticipated major issues;
and the level of public interest and involvement. Director Sandoval said staff would return to the
Council in a few months with a more detailed work program. He then introduced Principal
Planner Schmitz, who presented the development codes, and Advanced Planning Manager
Batchelder, who presented interim approaches to the plan.
Councilmember Castaneda asked if there had been any preliminary analysis o(potential projects
in the southwest portion of the City. Director Sandoval replied that staff had seen some
investment and re-investment in the southwest that had gone hand-in-hand with code
enforcement. He said that during past workshops, the community believed there was a lack of
identity for the area. He spoke of the need to create a toolkit to provide planning options and the
importance of getting the Southwest Specific Plan completed. Councilmember Castaneda
expressed the need to figure out ways to discourage such uses as strip malls and fast food
facilities in the southwest and asked about the anticipated date for recommendations on
strategies. Director Sandoval replied that staff would return to the Council in the fall and was
looking towards re-investment opportunities in the southwest and the establishment of a toolkit
for strategies.
/C'-/
DRAFT
With regard to the Housing Element, Councilmember Rindone indicated the need for a sliding
scale for low income housing so that projects would be beneficial to and incentivize developers
to build projects in the southwest area but not allow them to build the maximum (such as 49
units) without providing amenities (which are required with 50+ units). He suggested that staff
survey other cities.
PUBLIC COMMENTS
There were none.
At 7:00 p.m., Mayor Padilla announced a brief recess. The meeting reconvened at 7:04 a.m. with
all members present.
Deputy Mayor McCann asked the status of the agreement between Chula Vista and National City
to clean up the boundaries between the two cities and how a change would affect the General
Plan. Assistant City Manager Smith responded that staff was hoping to bring back
documentation to the Council in October or November and that staff was currently working in
high speed on the matter.
ADJOURNMENT
At 7:06 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on August 8, 2006 at
6:00 p.m. in the Council Chambers.
-=- _ _ tv.. ~ .,;;::;:(' ~
Susan Bigelow, MMC, City Clerk
Page 2 - Council Minutes
August 3, 2006
Ie ..).....
COUNCIL AGENDA STATEMENT
Item No.
MeetingDate 09/19/06
:J.--
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING THE APPENDIX TO THE LOCAL CONFLICT OF
INTEREST CODE OF THE CITY OF CHULA VISTA AND
DESIGNATING FILERS FOR PURPOSES OF AB 1234
/kJ
Susan Bigelow, City Clerk,.:iY
Ann Moore, City Attorne~
SUBMITTED BY:
The Political Reform Act requires every local agency to review its Conflict of Interest Code
biennially to determine if it is accurate or, alternatively, that the Code must be amended. The
proposed Resolution adopts an amended appendix to the City's Conflict of Interest Code, listing the
officials and designated employees of the City who are required to file periodic statements of
economic interest and the disclosure categories under which each such official and designated
employee is required to file.
RECOMMENDATION: Council adopt the Resolution.
BACKGROUND: On March 21,2000, the Council adopted Ordinance No. 2807, adopting by
reference the standardized conflict of interest code contained in Title 2 of the California Code of
Regulations, Section 18730, and any amendments thereto which are adopted by the Fair Political
Practices Commission. The ordinance requires that the Council set forth by resolution the officials
and designated employees who are required to file statements of economic interests and the
disclosure categories under which each such official and designated employee shall file.
On June 6, 2006, the Council adopted Resolution No. 2006-162, directing the City Clerk and the
City Attorney to perform the biennial review ofthe code in conformance with Political Reform Act
requirements. It has been determined that the appendix to the Code requires amendments to reflect
new and amended job titles for certain positions and to delete certain positions which do not meet the
criteria for designated employees. Adoption of the proposed Resolution amends the appendix to the
local Conflict of Inter est Code accordingly. The Resolution also specifies that all persons designated
as filers under the City's Conflict oflnterest Code are "designated employees" for purposes of AB
1234 and, as such, are expected to participate in mandatory ethics training.
DECISION MAKER CONFLICTS: Staffhas reviewed the decision contemplated by this action
and has determined that it is not site specific and, consequently, the 500- foot rule found in Califomia
Code of Regulations S18704.2(a)(I) is not applicable to this decision.
FISCAL IMPACT: None
2-1
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE APPENDIX TO THE LOCAL
CONFLICT OF INTEREST CODE AND DESIGNATING FILERS
FOR PURPOSES OF AB 1234
WHEREAS, the Political Reform Act, Government Code Sections 87300 et seq., requires
local government agencies to adopt and promulgate conflict of interest codes; and
WHEREAS, the City Council adopted Ordinance No. 2807, adopting by reference the
standardized conflict of interest code contained in Title 2 of the California Code of Regulations,
Section 18730, and any amendments thereto which are adopted by the Fair Political Practices
Commission; and
WHEREAS, the Political Reform Act requires every local agency to review its Conflict of
Interest Code biennially to determine if it is accurate or, alternatively, that the Code must be
amended; and
WHEREAS, as directed by the City Council, the City Attorney and the City Clerk have
reviewed the Code on behalf of City staff and all departments of the City and designated City
commissions and boards and have determined that amendments to the Appendix of the Code are
necessary; and
WHEREAS, the City Council also wishes to designate the filers under the City's Conflict of
Interest Code as the designated filers for purposes of AB 1234.
NOW, THEREFORE, BE IT AND IT IS HEREBY RESOLVED by the City Council ofthe
City ofChula Vista that the list of officials and designated employees of the City ofChula Vista who
are required to file periodic statements of economic interests, and the disclosure categories under
which each such official and designated employee is required to file, are shown on Exhibit "A,"
attached hereto and made a part hereof.
BE IT FURTHER RESOLVED that the officials and designated employees required to file
under the City's Conflict ofInterest Code are also "designated employees" for purposes of AB 1234
and, as such, are expected to participate in mandatory ethics training.
Presented by
Approved as to form by
--~...u W~f!? O~
City Clerk
~~+tkuP
Ci ttorney
2-2
EXHIBIT "A"
DESIGNATED EMPLOYEES REQUIRED TO FILE UNDER STATE LAW
AND/OR THE CITY OF CHULA VISTA
CONFLICT OF INTEREST CODE
DISCLOSURE
CATEGORIES
Mayor and City CounciVMembers of the Redevelopment Agency.................................... All
Candidates for Elective Office........ ...... ... ... ... .... ........................ .......................... ............... All
City Manager ............... .................................. .... .............. ... .... ...................... .... .................. All
City Attorney... ........... ..................... ..... ......... .... ..... ......... .... ............................. .................. All
Director of Finance/Treasurer.... ...... ........... ... .... ...... ........ .... ...... ................... ............ .......... All
Planning Commission Members ........... ...... ............ ......... .... ... ... ................... ...................... All
Redevelopment Agency Treasurer/Chula Vista Redevelopment Corporation ................... All
(CYRC) Chief Financial Officer
Redevelopment Agency Executive Director/Chula Vista Redevelopment ........................ All
Corporation (CYRC) Chief Executive Officer ...;.........................................................
Redevelopment Agency/Chula Vista Redevelopment Corporation (CYRC) ..................... All
General Counsel
Assistant and Deputy City Managers........................................................................... .......1, 2
All other Department Heads: ..............................................................................................1,2
City Clerk
Director of Budget & Analysis
Director of Communications
Director of Community Development
Director of Conservation & Environmental Services
Director of Engineering
Director of General Services
Director of Human Resources
Director of Information Technology Services
Director of Recreation
Director of Planning and Building
Director of Public Works Operations
Director of the Nature Center
Fire Chief
Police Chief
2-3
All other Assistant and Deputy Department Heads: ...........................................................1,2
Assistant City Clerk
Assistant Director of Budget & Analysis
Assistant Director of Building & Housing
Assistant Director of Community Development
Assistant Director of Finance
Assistant Director of Human Resources
Assistant Director of Planning
Assistant Director of Public Works Operations
Assistant Director of Recreation
Assistant Library Director
Assistant Police Chief
Deputy Director of Engineering
Deputy Director of General Services
Deputy Fire Chief
Administrative Services Manager .......................................................................................1, 2
Advanced Planning Manager .............. ................................................................................1, 2
Animal Control Manager ....................................................................................................5, 6
Assistant City Attomey......................................................................................... ..............1, 2
Assistant Transit Coordinator.................................................................................................5
Benefits Manager.. .................................. ................ ............ .................................. ..................6
Building Inspector I, II & III...................................................................................................3
Building Services Manager.............................................................................................3,5,6
Business Office Manager........................... ........................... ................................ ..................5
Chief Learning Officer.............................. ...................... ....................................... ......... ....1, 2
Chief of Staff............................................... ........................................................................1, 2
City Engineer......................................................................................................................1, 2
Coasta1/Environmenta1/Land Use Policy Consultant..........................................................1, 2
Code Enforcement Manager ...............................................................................................3,4
Code Enforcement Officer......................................................................................................3
Collections Supervisor.............................. .............................................................. ........... .2, 4
Communications Manager ............................................... .............................. .....................1, 2
Constituent Services Manager ................ ...................................... ......................................1, 2
Council Assistant .......... ................................................................................................ ......1, 2
Exhibit "A" - Page 2
2-4
9/2006
Cultural Arts & Fund Development Manager ........................................................................5
Deputy Building Official .......................................................................... ...... ....................3, 6
Deputy City Attorney I, II, III............................................................................................. 1, 2
Deputy City Engineer .........................................................................................................1,2
Deputy Director of Redevelopment ............................................................ ........................1, 2
Development Planning Manager.....................................................................................3,4, 6
Economic Development Manager...................................................................................3,4, 6
Educational Services Manager........................................................................................3,4, 6
Environmental Project Manager .....................................................................................3,4,6
Environmental Review Coordinator ...............................................................................3,4, 6
Equipment Maintenance Manager ......................................................................................1, 2
Fire Marshal..... ....................................................... .......................................... ..................3, 6
Fiscal Operations Manager .................................................................................................1,2
Fleet Manager ........................................................ .............................................................5, 6
Hearing Officers.................................................................................................................. .All
Housing Manager.... ............................................................................................................ 3, 4
Intergovernmental Affairs Coordinator ..............................................................................5,6
Library Public Services Manager........................................................................................1,2
Open Space Manager ..................................................... .....................................................4, 6
Parks & Open Space Manager ............................................................................................1,2
Parks Manager........ ................................................... ...................................... ...................4, 6
Plan Check Supervisor.............................................. ..........................................................3, 4
Planning and Environmental Manager............................................................................3, 4, 6
Planning and Housing Manager..........................................................................................1,2
Plans Examiner....... ................................................. ...........................................................1, 2
Police Captain.....................................................................................................................l, 2
Principal Civil Engineer..................................................................................................3, 4, 5
Principal Community Development Specialist...............................................................3,4,6
Principal Landscape Architect............................................................................................3, 4
Principal Management Assistant.................................. ...........................................................5
Exhibit "A" - Page 3
9/2006
2-5
Principal Planner ......... .............. ............. .............................................................. ...... .....1, 2, 3
Procurement Specialist...................... .......... ............................................... .............................1
Public Works Inspector I & II.............................................................................................3,4
Public Works Manager ... ...................................:.. ...... ................ ... ................................. .....1,2
Purchasing Agent.. .......... .................. .................... ...... ................ ............. .............. ...... ...........1
Real Property Manager...... ................. ........... ...... ..... ...... ..... ..... ... .............................. ..........1,2
Redevelopment Coordinator.......... .............. .... .... ....... ............ ....... ............ ..... ........... .....3, 4, 6
Redevelopment Proj ects Manager.... .......... ..... ... .................... ..... ................................ ........1,2
Risk Manager.. ...... ....... ........ .............. ......... ... ............. .... ....... ... .................. ............................1
Senior Accountant. .... ......... ..... ....... ............ .... ...... ... ... ... ... ... .... .................. ...... .......... ........... ...3
Senior Assistant City Attorney ...........................................................................................1,2
Senior Building Inspector ..................................... ...... ............ ............. ...................................3
Senior Civil Engineer......................................................................................................3,4,5
Senior Code Enforcement Officer ......................................................................................3, 4
Senior Community Development Specialist...................................................................3,4,6
Senior Council Assistant.....................................................................................................l, 2
Senior Economic Development Specialist......................................................................3, 4, 6
Senior Landscape Insp.ector ................................................................................................1, 2
Senior Planner ..........................................................................................,......................1, 2, 4
Senior Plans Examiner................................................................... .....................................3, 4
Senior Procurement Specialist ............................................................................................1, 2
Senior Public Works Inspector ...........................................................................................3,4
Special Planning Projects Manager ....................................................................................1, 2
Special Projects Manager....................................................................................................l, 2
Transit Coordinator .................................................................................................................5
Treasury Manager.......................................... .....................................................................1, 2
Wastewater Collectio(ls Manager .......................................................................................1,2
Exhibit "A" - Page 4
2-6
9/2006
Board of Appeals and Advisors Members ..........................................................................2,5
Board of Ethics Members .. ........ .........................................................................................1, 2
Board of Library Trustees .......... ....... ..................................................................................2, 6
Charter Review Commission Members ..............................................................................1, 2
Civil Service Commission Members ......................................................................................3
Design Review Committee Members .................................................................................2, 4
Economic Development Commission Members ................................................................1, 2
Growth Management Oversight Commission Members ....................................................2, 4
Mobilehome Rent Review Commission Members .............................................................1,2
Resource Conservation Commission Members..................................................................2, 4
Added Area Project Area Committee .....................................................................................3
Chula Yista Redevelopment Corporation (CYRe) Directors......................................... 1, 2, 4
Redevelopment Advisory Committee (RAe) Members.................................................l, 2, 4
Town Centre Project Area Committee Members....................................................................3
Consultants * ....................................................................................................................... .All
* Consultants shall be included in the list of designated employees and shall
disclose pursuant to the broadest disclosure category in the code, subject to the
following limitation: The City may determine, in writing, that a particular
consultant, although a "designated position," is hired to perform a range of duties
that is limited in scope and thus is not required to fully comply with the disclosure
requirements in this section. Such written determination shall include a
description of the consultant's duties and, based upon that description, a statement
of the extent of disclosure requirements. The City's determination is a public
record.
Exhibit "A" - Page 5
9/2006
2-7
COUNCIL AGENDA STATEMENT
ITEM:
MEETING DATE: 09/19/06
:3
SUBMITTED BY:
REVIEWED BY:
Resolution Authorizing the purchase of unleaded gasoline and
diesel fuel on an as-needed basis from The SOCO Group, Inc., in accordance
with terms and conditions of cooperative agreement 7325-05-Z-RFP with the
City of San Diego, for a period of one year beginning date of award, with
options to renew for four additional one-year periods.
Director of Fin7Treasurer JK
City Manager (jI (4/5ths vote: Yes_No~
ITEM TITLE:
Approximately 186,500 gallons of unleaded and 125,000 gallons of diesel fuel are purchased
annually for City use from fuel vendors. In addition, approximately 53,000 gallons of diesel fuel will
be purchased for Transit use. (Not included in this Council Action is approximately 100,000 gallons
of unleaded gasoline purchased from the County of San Diego.)
RECOMMENDATION: That Council adopt the resolution authorizing bulk purchase of unleaded
gasoline and diesel fuel on an as-needed basis from The SOCO Group, Inc., in accordance with terms
and conditions of City of San Diego Request for Proposal #7325-05-Z-RFP.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION: The City of Chula Vista has purchased fuel through cooperative agreements with
the City of San Diego since 1995. These agreements have worked well and have eliminated the
necessity for Chula Vista to bid out fuel as a standalone requirement.
Due to the constant rise in fuel prices the City of San Diego originated a Request For Proposal to
seek price discounts based on an economy of scale. Request For Proposal #7325-05-0Z-RPF was
issued as a cooperative procurement initiative, which included the City of San Diego and thirty-one
other public agencies throughout San Diego County (list attached). The estimated total annual
amount offuel to be purchased was 15,000,000 gallons. Fifty-one vendors were contacted. No local
vendors responded because there are no commercial fuel suppliers in the City of Chula Vista that
meet proposal requirements. Five proposals were received. The bid was awarded on a cost ranking
established by an estimated usage by the City of San Diego.
Vendor Name Total Extended Price
The SoCo Group (Carlsbad, CA) $8,118,094
Southern Counties Oil/SC Fuels (Orange, CA) $8,301,444
Falcon Fuels, Inc. (Paramount, CA) $8,356,339
Plavan Petroleum (San Diego, CA) $8,536,516
Buck Petroleum (El Cajon, CA) Incomplete
3-1
Page 2, Item _
Meeting Date 09/19/06
The City ofChula Vista was named a primary agency in the RFP. Chula Vista provided usage data
and delivery points and is entitled to all rights and privileges delineated in the proposal.
DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated by this action
and determined that it is not site specific and consequently the 500 foot rule found in California Code
of Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT: Using pricing figures from the City of San Diego's analysis, the annual cost for
unleaded gasoline and diesel fuel purchased through this contract is estimated to be $863,296. There
are sufficient funds included in the. Central Garage Operations budget for this contract; no
appropriations are required as a result of approval of this item.
3-2
Attachment
Meeting Date 09/19/06
List of participating Pnblic Agencies
(From the City of San Diego report to the City Council RFP 7325-05-Z-RFP)
Due to the constant rise in fuel prices, the City of San Diego led the effort to seek additional
potential price discounts based on an economy of scale and also assist other public agencies, by
issuing Request for Proposal Number 7325-05-A-RFP as a cooperative procurement initiative,
which included the City of San Diego and thirty-one (31) other various public agencies
throughout the County of San Diego as listed below.
Chula Vista Elementary School District
City of Carlsbad
City of Chula Vista
City of Coronado
City of Escondido
City of La Mesa
City of Oceanside
City of Santee
County of San Diego
Escondido Union High School District
Grossmont Union High School District
Lemon Grove School District
Miracosta Community College
National City Transit
North County Transit District
Ramona Unified School District
Rancho Santa Fe Fire District
San Diego Community College District
San Diego County Office of Education
San Diego State University
San Diego "Transit Corporation
San Diego Unified Port District
San Diego Zoo
San Dieguito Union High School District
San Pasqual Union School District
South Bay Union School District
Southwestern Community College District
Sweetwater Authority
Sweetwater Union High School District
Vista Unified School District
Yuma Municipal Water District
3-3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE PURCHASE OF
UNLEADED GASOLINE AND DIESEL FUEL ON AN AS-
NEEDED BASIS FROM THE SOCO GROUP, INC., IN
ACCORDANCE WITH TERMS AND CONDITIONS OF
COOPERATIVE AGREEMENT 7325-05-Z-RFP WITH THE
CITY OF SAN DIEGO, FOR A PERIOD OF ONE YEAR
BEGINNING DATE OF AWARD, WITH OPTIONS TO RENEW
FOR FOUR ADDITIONAL ONE-YEAR PERIODS
WHEREAS, approximately 186,500 gallons of unleaded and 125,000 gallons of diesel
fuel are purchased annually for the City ofChu1a Vista's use from fuel vendors; and
WHEREAS, approximately 53,000 gallons of diesel fuel will be purchased for transit
use; and
WHEREAS, the City of Chula Vista has purchased fuel though cooperative agreements
with the City of San Diego since 1995. These agreements have worked well and have eliminated
the necessity for Chula Vista to bid out fuel as a standalone requirement; and
WHEREAS, the City of San Diego originated and issued Request for Proposal No. 7325-
05-Z-RFP as a cooperative procurement initiative, which included the City of San Diego and
thirty-one other public agencies throughout San Diego County; and
WHEREAS, five proposals were received, none in Chula Vista because there are no local
commercial fuel supplies that meet proposal requirements. The bid was awarded to The SOCO
Group, Inc., on a cost ranking established by an estimated usage by the City of San Diego; and
WHEREAS, using pricing figures from the City of San Diego's analysis, the annual cost
for unleaded gasoline and diesel fuel purchased through this contract is estimated to be $863,296.
The Central Garage Operations has $1,499,996 budgeted for fuel and includes the anticipated
purchase of $240,000 of unleaded gasoline from the County of San Diego, approved in
Resolution 2004-002.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby authorize the purchase of unleaded gasoline and diesel fuel on an as-needed
basis from The SOCO Group, Inc., in accordance with terms and conditions of Cooperative
Agreement 7325-05-Z-RFP with the City of San Diego, for a period of one year beginning date
of award, with options to renew for four additional one-year periods.
Presented by
Approved as to form by
Maria Kachadoorian
Director of Finance
J :\Attomey\RESO\FINANCE\Purchase of diesel fuel on as-needed basis. doc
3-4
COUNCIL AGENDA STATEMENT
Ii
Item: I
Meeting Date: 09/19/2006
ITEM TITLE:
RESOLUTION ACCEPTING UNANTICIPATED
URBAN AREA SECURITY INITIATIVE GRANT PROGRAM
FUNDS, AND APPROPRIATING FUNDS THEREFORE
SUBMITTED BY: Director ITS;V
/
REVIEWED BY: City Manager d I
(415ths Vote: Yes]LNo ->
The City of Chula Vista is the recipient of several grant allocations from Federal
Homeland Security. These grants are administered by the City of San Diego
Office of Homeland Security and distributed on a formula basis to participating
agencies. This Grant is in addition to previous grants and it is part of the 2003
Urban Area Security Initiative (UASI). As stipulated by the grant, $46,303 will be
used to purchase one heavy duty pickup truck to be used as a primary mover
and for mass decontamination equipment to be used in terrorism response.
RECOMMENDATION: That the City Council:
. Approve the Resolution accepting the additional $46,303 from Urban
Area Initiative Security Grant Program Funds (UASI 03 Part II) and
appropriating the $46,303 to capital portion of the fiscal year 2007
Disaster Preparedness budget.
BOARDSICOMMISSIONS RECOMMENDATION: NIA
BACKGROUND:
Before grant funds can be expended the Urban Area Security Initiative (UASI)
grant stipulates a Memorandum of Understanding (MOU) between the City of
San Diego Office of Homeland Security and the participating agency is in effect.
The MOU is required to ensure compliance with the grant assurances for the San
Diego Urban Area Security Initiative. On September 14, 2004 Council approved
a Memorandum of Understanding with the San Diego Urban Area Security
Initiative for this purpose.
4-1
On February 22, 2005, Council accepted and appropriated FY 03 UASI Part II
grant funds and FY 04 UASI grant funds in the amount of $710,572. These
funds were used as follows: $310,026 from the FY 03 part II UASI equipment
grant and $189,351 from the FY 04 UASI equipment grant were used to
purchase specified first responder protective clothing and related tools and
equipment for Fire, EMS and Police. An additional $211,195 from the UASI
FY03 & FY 04 UASI grants were used to train and prepare Police, Fire and City
personnel on emergency preparedness.
The above purchases have been made and funds expended. The training of
Police, Fire and EMS personnel has also been completed. Reimbursement
claims were submitted to City of San Diego and the County of San Diego Office
of Emergency as required by the grant.
These funds are additional funds, part of additional grant allocations that will
need to be spent before the end of October 2006.
DISCUSSION:
Equipment Grants
The funds allocated under these grants are being released to the 19 San Diego
Urban Area jurisdictions for expenditure. Per grant stipulations, these funds will
be used to purchase specified first responder personnel protective equipment
(PPE) for the Police Department, Emergency Medical Services and Fire
Department. The funds are distributed based upon the jurisdictions number of
public safety personnel for the purchase of first responder PPE and equipment.
Once PPE needs are met at the established UASI standard, jurisdictions can use
funds designated for PPE on other equipment in the high criticality categories of
the San Diego Urban Area Security Strategy. The other equipment must be part
of the authorized equipment purchases stipulated by the grant. The pickup truck
and decontamination equipment have gone thru the approval process and meet
this criteria.
Grant Requirements
These grant funds end October 31,2006. There are no matching funds required.
The grant funds will be distributed on a reimbursement basis.
As previously mentioned, before grant funds can be expended the UASI grant
stipulates a Memorandum of Understanding (MOU) between the City of San
Diego Office of Homeland Security and the participating agency is in effect. The
MOU is required to ensure compliance with the grant assurances for the San
Diego Urban Area Security Initiative. Council approved the MOU on September
14,2004.
4-2
DECISION MAKER CONFLICTS
Staff has reviewed the decision contemplated by this action and has determined
that it is not site specific and consequently the 500 foot rule found in California
Code of Regulations section 18704.2(a)( 1) is not applicable to this decision.
FISCAL IMPACT:
Acceptance of this grant will provide funding for needed first responder
equipment. The unanticipated grant allocation to the City of Chula Vista is
$46,302. There is no net impact to the General Fund.
4-3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING URBAN AREA INITIATIVE
SECURITY GRANT PROGRAM FUNDS AND APPROPRIATING
FUNDS THEREFORE
WHEREAS, the City of San Diego is the designated Urban Area Security Initiate Grant
(UASI) Coordinator for San Diego Region; and
WHEREAS, the Emergency Services Manager is the designated agency coordinator for
UASI and other Disaster Preparedness and management grant funds; and
WHEREAS, the City of Chula Vista is eligible to receive $46,303 from these equipment
grants; and
WHEREAS, the additional grant funds will be used to purchase needed decontamination
equipment and a pickup truck to be used as a primary mover for related equipment for the Fire
Department; and
WHEREAS, the Emergency Services Manager is recommending these funds be used to
purchase this necessary equipment to carry out Fire Department job functions.
NOW, THEREFORE, BE IT RESOL VED the City Council of the City ofChula Vista does
hereby accept Urban Area Initiative Security (UASI-2003 part II) grant funding in the amount of
$46,303 and appropriates $46,303 to services and supplies of the Fiscal Year 2007 Disaster
Preparedness budget.
Presented by:
Approved as to form by:
Louis Vignapiano
Director of
~,(~\~1~~
Ann Moore '
City Attorney
J:\Attomey\RESO\GRANTS\GRANT Acceptance Urban Area Initiative.doc
4-4
COUNCIL AGENDA STATEMENT
~
Item:
Meeting Date: 09/19/2006
?
ITEM TITLE: RESOLUTION ACCEPTING $30,500 FROM 2006
EMERGENCY MANAGEMENT AND PERFORMANCE
GRANT (EMPG) AND APPROPRIATING THE $30,500 TO
TH SUPPLIES AND SERVICES CATEGORY OF THE
STATE GRANT FUND.
SUBMITTED BY: Director of ITSff
REVIEWED BY: City Manager 'Jl (4/5ths Vote: YesLNo _)
The City of Chula Vista is eligible to receive funding from the State of California
Emergency Management and Performance Grant (EMPG). Funding is given to
local jurisdictions that apply for them based on projects supporting the State's
emergency plan. Staff submitted an' application to receive funds to assist in the
development of a "disaster recovery" plan and the request was approved by the
State of California.
RECOMMENDATION: That the City Council:
Approve the Resolution accepting the $30,500 provided by the State via the
County of San Diego for the Emergency Management and Performance Grant
(EMPG) program and appropriating the $30,500 to the supplies and services of
the State Grant Fund
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Disaster Preparedness Manager working under the ITS
Director applied for funding from the EMPG to complete the set of documents
that are needed to prepare the City to respond to a catastrophic event. The
purpose of the grant request is to develop a "disaster recovery" plan. This plan
will augment the documents that are already in place at the City of Chula Vista
and will assist the City in the recovery efforts should a disaster ever strike.
This document and the process to secure the document are instrumental in
making the City resilient to catastrophic events. Since the expertise required for
fulfilling this task and the time required exceeds current staffing capacity, the
Disaster Preparedness Manager is recommending that these funds be used to
hire a consultant to develop a disaster recovery plan. Staff anticipates the cost
for the consultant to be $25,000. The remainder of the funds ($5,500) will be
5-1
Page 2,ltem:
Meeting Date: 09/19/2006
used by City Staff to subsidize training opportunities that will allow staff to hold
more efficient EOC exercises in the future.
DECISION MAKER CONFLICTS
Staff has reviewed the decision contemplated by this action and has determined
that it is not site specific and consequently the 500 foot rule found in California
Code of Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT: Acceptance of this grant will provide the City with the funding
needed to complete the disaster recovery document in a timely manner. There is
no net impact to the General Fund.
5-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING $30,500 FROM 2006
EMERGENCY MANAGEMENT AND PERFORMANCE
GRANT (EMPG) AND APPROPRIATING FUNDS
THEREFOR
WHEREAS, staff submitted a grant application to receive funds to assist in the
development of a disaster recovery plan; and
WHEREAS, the request was approved by the state and is distributed via the
County of San Diego Office of Emergency Services from the Department of Homeland
Security to facilitate the emergency planning process; and
WHEREAS, the Emergency Services Manager has been coordinating the
Emergency Planning Process which includes preparation of the disaster recovery plan;
and
WHEREAS, additional expertise and staff are needed to complete the plan;
WHEREAS, the City of Chula Vista is eligible to receive $30,500 from the
Emergency Management Performance Grant (EMPG 2006); and
WHEREAS, the grant funds will be used to hire a consultant to develop a disaster
recovery plan and pay this consultant $25,000 and the balance of $5,500 to be used by
City staff to subsidize training opportunities.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula
Vista does hereby accept $30,500 in grant funds from 2006 Emergency Management and
Performance Grant (EMPG) and appropriates $30,500 to supplies and services of the
Fiscal Year 2007 Disaster Preparedness budget.
Presented by
Approved as to form by
~~~~~\
Ann Moore '
City Attorney
Louie Vignapiano
MIS Director
J:\Attomey\RESO\FINANCE\Accept money from 2006 EMPG_09.16-06.doc
5-3
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
/
'y
09/19/06
ITEM TITLE:
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING DONATIONS IN THE
AMOUNT OF $6,540 AND APPROPRIATING SAID
DONATED FUNDS
SUBMITTED BY: Fire chieD:>ri
~
REVIEWED BY: City Manager j j
(4/5ths Vote: YesLNo _l
The Fire Department has received donations in the amount of $6,540 from
various community businesses and organizations. These donations were made
to the Fire Department in support of the 2nd Annual Awards and Recognition
Ceremony and the Chula Vista Fire Department Recognition Dinner.
RECOMMENDA:rION: That Council adopts the resolution accepting the
donations in the amount of $6,540 and amending the FY07 Fire Department
budget to appropriate said donated funds to services and supplies.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Fire Department has received donations in the amount of
$6,540 from various community businesses that include: Erickson-Hall, Otay
Water District, Eastlake Co. LLC, Toyota of Chula Vista, The Otay Ranch
Company, Rudolph and Sletton, Galley at the Marina, and SPO Elks #2011.
Funds from these donations will be used to offset the costs of the 2nd Annual
Awards and Recognition Ceremony and the Chula Vista Fire Department
Recognition Dinner. The Fire Department will be hosting these two events to
honor and recognize the exemplary service of department members and
community citizens.
Decision Maker Conflict: Staff has reviewed the decision contemplated by this
action and has determined that it is not site specific and consequently the 500
foot rule found in California Code of Regulations section 18704.2(a)(1) is not
applicable to this decision.
FISCAL IMPACT: The total amount received is $6,540. There are no matching
funds required or General Fund impact.
6-1
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT
OF $6,540 AND APPROPRIATING SAID DONATED FUNDS
WHEREAS, the Fire Department received donations in the amount of
$6,540 from various community businesses; and,
WHEREAS, the Fire Department will be hosting a ceremony and a
recognition dinner honoring exemplary service of its members and citizens; and,
WHEREAS, the Fire Department appreciates the generosity and support
of Erickson-Hall, Otay Water District, Eastlake Co. LLC, Toyota of Chula Vista,
The Otay Ranch Company, Rudolph and Sletton, Galley at the Marina, and BPO
Elks # for their donations to help host the 2nd Annual Awards and Recognition
Ceremony and the Chula Vista Fire Department Recognition Dinner; and,
WHEREAS, the donations in the amount of $6,540 will be used to offset
the costs associated with hosting these events.
NOW, THEREFORE, BE IT RESOLVED THAT the City Council of the
City of Chula Vista does hereby accept donations in the amount of $6,540 from
various City businesses and organizations, and appropriates said donated funds to
the Fire Department FY 2007 services and supplies budget in order to offset the
costs of the Fire Department's 2nd Annual Awards and Recognition Ceremony
and the Chula Vista Fire Department Recognition Dinner.
Presented by:
Approved as to form by:
Douglas A. Perry
Fire Chief
H:/SharedlAttorney/Fire-Donations Awards & Recognition $6,540.
6-2
COUNCIL AGENDA STATEMENT
y-'
Item /
Meeting Date 9/19/06
ITEM TITLE: Resolution Accepting bids and awarding contract for the
"Drainage Improvements, West and East of Second Avenue, North of "H"
Street, in the City of Chula Vista, CA (DR-120)" project to MJ.C.
Construction, in the amount of$682,830.00 and authorizing the expenditure
of all available contingencies as necessary to complete the project.
SUBMITTED BY: Director of Ge/e~
REVIEWED BY: City Manager d I (4/5ths Vote: Yes _ No..!}
At 2:00 p.m. on Wednesday, August 2, 2006, the Director of General Services received sealed bids
for the "Drainage Improvements, West and East of Second Avenue, North of"H" Street, in the City
ofChula Vista, CA (DR-l20)" project. This project provides for the construction of the ultimate
drainage system and the rehabilitation of a sewer system east and west of Second Avenue between
Alvarado Street and Vance Street. The work also includes all labor, material, equipment,
transportation, protection of existing improvements and traffic control necessary for the project.
RECOMMENDATION: That Council adopt the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
General
This proj ect provides for the construction of the ultimate drainage system and the rehabilitation of a
sewer system east and west of Second Avenue between Alvarado Street and Vance Street. The
existing drainage system consists of a 60-inch Reinforced Concrete Pipe (RCP) under Second
Avenue and is inadequate to carry the existing floodwater causing flooding during periods of rainfall
in the adjacent properties. This existing RCP is to be abandoned. The proposed construction of a
Reinforced Concrete Box (RCB) Culvert (4 feet rise x 8 feet span) to replace the existing 60-inch
RCP will enhance the flow characteristics of the existing channel upstream ofthis proposed project
thus alleviating said flooding to the adjacent properties.
The sewer system rehabilitation involves the replacement of aging cast iron 1 O-inch sewer pipes with
new PVC pipes and the replacement of existing manholes with new, up to standards manholes. This
proj ect will include the temporary closure, general excavation and grading through Second Avenue
between Alvarado Street and Vance Street in the City of Chula Vista, California. Staffwill reltm1 to
Council with the specifics and to request approval for the temporary closure necessary for the
construction of the improvements. The work also includes all labor, materials, equipment,
7-1
Page 2, Item
Meeting Date 9/19/06
transportation, protection of existing improvements and traffic control necessary for the project and
other work necessary to render the new improv=ents complete and workable.
In addition, this resolution authorizes the expenditure of the available contingencies for the project.
According to City Council Policy No. 574-01, if a change order exceeds the cumulative contract
change order aggregate amount allowable to be approved by the Director of Public Works
Operations, City Council approval is required. However, approval of tonight's resolution will
increase the Director of Public Works Operations' authority to approve change orders as necessary
up to the total contingency amount. As evident by the difference in bid amounts below, underground
projects typically have more unforeseen conditions because the existing improv=ents beneath the
surface are not completely known. Even though every feasible effort (as-builts research, potholing,
field survey) has been made to anticipate any conflicts, there is a possibility once the underground
work begins unknown conditions will cause the project costs to increase. In addition, construction of
this improvement will occur during the rainy season and could cause an increase in project cost due
to extra protection measures necessary when rain is eminent.
Bidding Process
General Service's staff prepared plans and specifications and advertised the project. Staffreceived
and opened bids for the project on August 2, 2006.
Bids were received from two (2) contractors to perform the work as follows (listed in order of base
bid amount):
Contractor Base Bid Amount
MJC Construction $ 682,830.00
Zondiros Corporation $1,248,095.00
The low bid submitted by MJC Construction is below the Engineer's estimate of $887,460.00 by
$204,630.00 or approximately 23%. Staffs bid estimate was based on average prices for similar
type of work completed during the last three years. MJC Construction has performed work for the
City of Chula Vista in the past, and their performance has been satisfactory. Staff checked the
references provided by the contractor. All references were verified and their work has been
satisfactory. Their Contractor's License No. 754128 is clear and current. Staffhas reviewed the low
bid and is recommending awarding the contract to MJC Construction of Bonita, California, in the
amount of$682,830.00.
Disclosure Statement
Attachment "A" is a copy of the contractor's Disclosure Statement.
Wage Statement
Contractors bidding this project were not required to pay prevailing wages to persons employed by
them for the work under this project.
7-2
Page 3, Item
Meeting Date 9/19/06
Environmental Status
The Environmental Review Coordinator has reviewed the proposed proj ect for compliance with the
California Environmental Quality Act and has conducted an Initial Study, 1S-06-006 in accordance
with the California Environmental Quality Act. Based upon the results of the Initial Study, the
Environmental Review Coordinator has determined that the project could result in significant effects
on the environment. However, revisions to the project made by or agreed to by the applicant and
identified mitigation measures would avoid the effects or mitigate the effects to a point where clearly
no significant effects would occur; therefore, the Environmental Review Coordinator has prepared a .
Mitigated Negative Declaration, 1S-06-006.
Decision Maker Conflicts
Staffhas reviewed the property holdings of the City Council and has found no such holdings within
500 feet of the property which is the subject of this action.
Fiscal Impact
FUNDS REOUlRED FOR PROJECT
A. Construction Contract Award Amount (MJC Construction) $ 682,830.00
B. Contingencies (approximately 25% of construction costs) $ 170,707.00
C. Sweetwater Authority (City Share of Utility Removal and Re- $ 34,570.00
installation Costs)
D. City Staff Costs (Environmental, Design, Inspection, Survey, Traffic,) $ 365,000.00
E. City Oversight (i.e.: Soil testing, Admin Costs, Real Property Services,
Public Works, etc.) $ 102,986.00
TOTAL FUNDS REQUIRED FOR PROJECT . $1,356,093.00
FUNDS BUDGETED FOR PROJECT
A. Storm Drain Cap. Project $ 137,406.00
B. RCT $ 120,000.00
C. CIP/Fiscal Agent $ 820,517.00
D. Sewer Facilitv $ 340,000.00
TOTAL FUNDS BUDGETED FOR PROJECT $1,417,923.00
There is no impact on the General Fund for these drainage improvements project. Upon completion
of the project, the improvements will require only routine City drainage maintenance and any
remaining balance in the project will be returned to the fund.
Attachments: A - Contractor's Disclosure Statement
M;\General Services\QS Administration\Council Agenda\DR 120\DR120Al13.-rev3.cm.doc
7-3
ATTACHMENT A
City of Chula Vista Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by !be Council, Planning Commission and all other official bodies of !be City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign conttibutions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List !be names of all persons having a [mancial interest in !be property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
TAVIEiO :TIMENE-z...
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
JAviER.; JIHENE7...
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
Nt/!>..
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
.JAVIER- JIMENG..
5. Has any person' associated with this contract had any financial dealings with an official" of the
City ofChula Vista as it relates to this contract witbin the past 12 months? Yes_ No~
M; IEngineerlDESI GNlDRI 20ID R 120-MIN.. W A GE-Contract-Rloc4
If Yes, briefly describe the nanJIe of the financial interest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) monlfts to a current
member ofthe Chula Vista City Council? No XYes _ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of mcome, money to
retire a legal debt, gift, loan, etc.) Yes _ No Y- .
If Yes, which official" and what was the nature of item provided?
Date: ~ -'2 -(] c
C ~C '0.. - ,:::-, [, ---
-""
v
Signature of Contractor! Applicant
,IAvll:"') ;TIH/=-NI""7
Print or type name of Contractor! Applicam
,
Person is defmed as: any individual, firm, co-partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, any other county,
city, municipality, district, or other political subdivision, -or any other group or combination
acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
M:\EngineerIDESI GNIDR] 20IDR 120-MIN- W AGE-Contract- Rlic 5
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND AWARDING
CONTRACT FOR THE "DRAINAGE IMPROVEMENTS,
WEST AND EAST OF SECOND A VENUE, NORTH OF "H"
STREET, IN THE CITY OF CHULA VISTA, CA (DR-120)"
PROJECT TO MJ.C. CONSTRUCTION, IN THE AMOUNT OF
$682,830.00 AND AUTHORIZING THE EXPENDITURE OF
ALL AVAILABLE CONTINGENCIES AS NECESSARY TO
COMPLETE THE PROJECT
WHEREAS, City staff has prepared specifications for the "Drainage Improvements, West
and East of Second Avenue, North of "H" Street in the City of Chula Vista, California" (DR-
120) project and advertised the project; and
WHEREAS, on August 2,2006, General Service staff received and opened bids from two
contractors as follows:
CONTRACTOR BID AMOUNT
1. MJC Construction, Bonita, California $682,830.00
2. Zondiros Corporation, San Marcos, California $1,248,095.00
; and
WHEREAS, the low bid by MJC Construction of $682,830.00 is $204,630.00 (23%)
below the Engineer's estimate of $ 887,460.00; and
WHEREAS, based on average prices for similar types of work completed during the last
three years, and upon review, staff recommends awarding the contract in the amount of $
682,830.00 to MJC Construction; and
WHEREAS, references provided by the contractor have been reviewed and their work
record found to be satisfactory and the Contractor's license is current; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has conducted an
Initial Study, IS-06-006 in accordance with the California Environmental Quality Act. Based
upon the results of the Initial Study, the Environmental Review Coordinator has determined that
the project could result in significant effects on the environment. However, revisions to the
project made by or agreed to by the applicant and identified mitigation measures would avoid the
effects to a point were clearly no significant effects would occur; therefore, the Environmental
Review Coordinator has prepared a Mitigated Negative Declaration, IS-06-006; and
7-6
Resolution No. 2006-
Page 2
WHEREAS, this project provides for the construction of the ultimate drainage system
and the rehabilitation of a sewer system east and west of Second Avenue between Alvarado
Street and Vance Street; and
WHEREAS, there are sufficient funds to fully offset all costs associated with the
construction of this project, with no impact to the General Fund.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula
Vista does hereby accept bids and award a contract for the "Drainage Improvements, West and
East of Second Avenue, North of"H" Street, in the City of Chula Vista, CA (DR-l20)" project
to M.J.C. Construction, in the amount of$682,830.00.
BE IT FURTHER RESOLVED that the expenditure of all available contingencies as
necessary to complete the project is hereby authorized.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~ T<Y\-\\ ~ Kh) \l
Ann Moore \
City Attorney
J :\Anomey\RESO\B rDS\Drainage I mprovements (DR 120L 09-19-06.doc
7-7
COUNCIL AGENDA STATEMENT
Item
Meeting Date 9/19/06
SUBMITTED BY:
Resolution Accepting and appropriating $58,373 III
unanticipated revenues from the California Department of
Conservation, Division of Recycling - Beverage Container Recycling
and Litter Reduction Activities Grant Program.
Director ofGe7 s~-'1Y
City Manager II (4/5ths Vote: ~ No ~
ITEM TITLE:
REVIEWED BY:
The California Department of Conservation, Division of Recycling (DOR) distributes $10.5
million for fiscal year 2006/2007 to eligible cities and counties specifically for beverage
container recycling and litter clean up activities. The goal of the DOR's beverage container
recycling program is to reach and maintain an 80 percent recycling rate for all California Refund
Value (CRV) beverage containers - aluminum, glass, plastic and bi-metal. Projects implemented
by cities and counties assist the Department in reaching and maintaining their goal. Each city is
eligible to receive a minimum of $5,000 or an amount calculated by the DOR, on a per capita
basis, which ever is greater. Chula Vista has received $58,373 for 2006-07.
RECOMMENDATION: That Council adopt the resolution accepting a grant from the
California Department of Conservation, Division of Recycling - Beverage Container Recycling
.and Litter Reduction Activities Grant Program appropriating the funds in the amount of $58,373
to the FY07 personnel ($10,000) and supplies/services ($48,373) budget of the Environmental
Management Fund.
BOARDS/COMMISSION: Not applicable.
DISCUSSION:
The California Beverage Container Recycling and Litter Reduction Act requires the Department
of Conservation - Division of Recycling (DOR) to distribute approximately $10.5 million per
year to eligible Cities and Counties for beverage container recycling and litter clean up activities
(Section 14581 (a)(4)(A)). Chula Vista has received a $58,373 award, calculated on a per capita
basis.
These funds will assist the City in meeting the state mandated landfill diversion requirements
(AB 939, the California Integrated Waste Management Act) by funding program activities that
will increase the City's diversion of rigid containers: glass, aluminum, steel and plastic food and
beverage containers.
8-1
Page 2, Item
Meeting Date 9/19/06
DECISION MAKER CONFLICTS
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the SOO-foot rule found in California Code of Regulations Section
18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT:
The funds are awarded upon request and are directed to beverage container recycling and litter
reduction programs. There will be no impact to the general fund as a result of accepting these
funds or implementing the programs described.
M:\General Services\GS Administration\Council Agenda\Environmental\DOCDOR Grant Fund A113, 9-19-06.doc
8-2
Page 10f2
Lynn France
From: CityCounty@conservation.ca.gov
Sent: Tuesday, August 08, 2006 2:44 PM
To: David Rowlands Jr.
Cc: Lynn France; Lynn France
Subject: California Department of Conservation, Chula Vista's Funding Award
STATE OF CALIFORNIA, RESOURCES AGENCY
ARNOLO SCHWARZENEGGER, GOVERNOR
DEPARTMENT OF CONSERVATION
DIVISION OF RECYCLING
801 K STREET 0 MS 19-01 0 SACRAMENTO, CALIFORNIA 95814
PHONE 916! 323~3a36 0 FAX. 916 / 327-2144 0 TOO 916/324-2555 0 WEB SITE conservation.ca.gov
August 08, 2006
David Rowlands Jr.
Chula Vista
276 4th Avenue
Chula Vista, CA 91910
Dear David Rowlands Jr.:
The Department of Conservation (Department) is pleased to inform you that the funding request form is approved for
fiscal year 2006/2007.
We have made changes to our check remittance process. The Department will no longer mail checks to joint power
authorities or lead agencies. Payment will be processed and mailed by the State Controller's Office, without a cover letter,
to the payment mailing address as identified on the city or county profile. The warrant will identify the source of funding,
as "DOC/Recyciing".
If applicable, it is the responsibility of the city or county to forward the funds to respective joint power authority or lead
agency.
Congratulations to those entities implementing successful projects for fiscal year 2005/2006. Keep up the good work!
If you have any questions about the City/County Payment Program, or do not receive your payment by August 30, 2006,
please contact your field representative by calling the Community Outreach Branch at (916) 322-0613.
Sincerely,
Laurie Kikumoto
Supervisor
Regional Recycling Assistance
8-3
OR/24/200fi
RESOLUTION 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING AND APPROPRIATING $58,373
OF UNANTICIPATED REVENUES FROM THE CALIFORNIA
DEPART.MENT OF CONSERVATION, DIVISION OF
RECYCLING - BEVERAGE CONTAINER RECYCLING AND
LITTER REDUCTION ACTIVITIES GRANT PROGRAM.
WHEREAS, the California Department of Conservation, Division of Recycling (OOR)
is distributing $10.5 million for Fiscal Year 2006-07 to eligible cities and counties specifically
for beverage container recycling and litter reduction activities; and
WHEREAS, the goal of the DOR's beverage container recycling program is to reach and
maintain an 80 percent recycling rate for all California Refund Value (CR V) beverage containers
- aluminum, glass, plastic and bi-metal. Projects implemented by cities and counties assist the
DOR in reaching and maintaining their goal; and
WHEREAS, each city is eligible to receive a minimum of $5,000 or an amount calculated
by the DOR, on a per capita basis, whichever is greater, and Chula Vista has been awarded
$58,373; and
WHEREAS, Staff will be using these funds to promote the DOR objectives in the City's
curbside, multi-family, parks and commerciaUhospitality recycling programs.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista accepts a grant in the amount of $58,373 from the California Department of Conservation,
Division of Recycling - Beverage Container Recycling and Litter Reduction Activities Grant
Program, and appropriates that amount to the Personnel ($10,000) and Supplies and Services
($48,373) budget of the Environmental Management Grant fund, based upon unanticipated
revenues.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
8-4
COUNCIL AGENDA STATEMENT
'1
Item '
Meeting Date 9/19/06
ITEM TITLE:
Resolution Approving Agreement between Palomar
Communications, Inc. and City of Chula Vista for Radio Repeater and
Antenna Site Lease
SUBMITTED BY:
Director of Public Works Operations ~hr
City Manager i (4/Sths Vote: Yes_ No.1D
REVIEWED BY:
This resolution would approve a lease agreement for space on a communications tower located on
Otay Mountain for Chula Vista Transit's (CVT) radio repeater and antenna. Since 1992, CVT has
been leasing a site on Otay Mountain for its radio transmitting equipment.
RECOMMENDATION: That Council approve a Resolution approving an Agreement between
Palomar Communications, Inc. and City ofChula Vista for Radio Repeater and Antenna Site Lease
for the period September 1, 2006 - August 31, 2009 (Three-Year Lease) with annual increases based
on the Wholesale Price Index published by the U.S. Department of Labor.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
In 1992, the City ofChula Vista's Transit Division acquired its own radio transmitting equipment to
support its transit operations. The radio system is vital to the operations of the transit system. It links
the bus operator to dispatch during emergencies, mechanical breakdowns, accidents and on going
customer service. The radio equipment, repeater and antenna, has been located on Otay Mountain
under a lease with Palomar Communications, Inc. for the last three years.
The table below estimates the cost for the contract period using the San Diego area average inflation
rate of 3.72%. Palomar Communications did not increase their rate of $250.00 over the three years
of their previous contract. The new rate of$275.00 is 10% above the previous rate, but within the
cumulative inflation rate for the last three years.
Palomar Communications, Inc.
Fiscal Year Monthlv Rate Annualized Rate
FY07 $275.00 $3,300.00
FY08 $285.00 $3,420.00
FY09 $295.00 $3,540.00
Estimated Three-vear Cost $10,260.00
9-1
Page 2, Item ~
Meeting Date 9/19/06
DECISION MAKER CONFLICTS:
No Property within 500 feet
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property which is the subject of this action.
FISCAL IMPACT:
The radio site lease totals $10,260 over the three-year period. This cost is contained in the Transit
operating budget, which is funded by MTS Consolidated TDA Article 4.0 funds. No General Fund
contributions support this agreement.
Attachments: Site Lease Agreement
9-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN
P ALOMAR COMMUNICATIONS, INe. AND CITY OF CHULA
VISTA FOR RADIO REPEATER Al'ID ANTENNA SITE LEASE
WHEREAS, in 1992, the City of Chula Vista's Transit Division acquired its own
transmitting equipment to support its transit operations; and
WHEREAS, the radio equipment, repeater, and antenna has been located on Otay Mountain
under a lease with Palomar Communications, Inc. [Palomar] for the last three years; and
WHEREAS, the table below estimates the cost for the contract period using the San Diego
area average inflation rate of3.72 percent. Palomar did not increase their rate of$250.00 over the
three years of their previous contract. The new rate of$275.00 is 10 percent above the previous rate,
but within the cumulative inflation rate for the last three years.
Palomar Communications Inc.
Fiscal Year Monthlv Rate Annualized Rate
2007 $275.00 $3,300.00
2008 $285.00 $3,420.00
2009 $295.00 $3,540.00
Estimated Three-Year Cost $10,260.00
WHEREAS, staff recommends approval of an agreement between Palomar and the City for
the Radio Repeater and Antenna Site Lease for the period of September 1,2006 through August 31,
2009, with annual increases based on the Wholesale Price Index published by the U.S. Department
of Labor;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City ofChula Vista
does hereby approve an agreement between Palomar Communications, Inc. and the City ofChula
Vista for Radio Repeater and Antenna Site Lease.
Presented by
Approved as to fonn by
Leah Browder
Deputy Director of Engineering
<r
J/&~
J :\Attomey\RESO\AG REEMENTS\PaJomar Communications 2006.doc
9-3
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
q.~~
1 . S. and
Dated: q kilo y
Site Lease Agreement between the
City of Chula Vista and
Palomar Communications, Inc.
for the installation, maintenance, operation
and removal of communications equipment
9-4
SITE LEASE AGREEMENT
THIS LEASE, made this 1st day of September, 2006, between
Palomar Communications Inc., a California corporation, having its
principal office at 2230 Micro Place, Escondido, California, 92029
hereinafter referred to as Lessor, and City of Chula Vista
hereinafter referred to as Lessee:
1. Lessor hereby grants permission to Lessee to install,
maintain, operate and remove communications equipment ("Equipment")
on and in Lessor's property, antenna site and/or equipment room,
herein sometimes referred to as the "Premises", located at
1/4 mile S.W. of Doohouse Junction. Otav Mountain. CA
specifically, one repeater on 453.225 MHz. transmit. 458.225 MHz.
receive. 100 watts max power output.
~nd the associated
TX Yaoi antenna
to be placed at the
cables and antennas specifically, one 450 MHz.
12
ft. level.
2. TERM AND TERMINATION - This Lease shall become effective
upon installation of equipment or thirty (30) days from the afore
mentioned date,which ever shall occur first, and shall continue in
effect for a term of THREE year(s). This Lease may be terminated by
either party upon thirty (30) days advance written notice. On
termination of the Lease in accordance with any of its terms,
Lessee shall immediately remove its antennas, wires, and appliances
from Lessor's premises.
3. ATTACHMENTS TO PREMISES BY LESSEE - Lessee shall, at its
own expense, maintain any Equipment on or attached to the Premises
in a safe condition and in good repair, and in a manner reasonably
suitable to Lessor so as not to conflict with the use of the
premises by Lessor, or by any other company using the premises and
so as not to interfere with the working use of facilities thereon
or to be placed thereon.
Lessee agrees to install equipment of types and frequencies
which will not cause interference to Lessor or other existing
Lessees of Lessor's property, antenna site and/or equipment room.
In the event Lessee's equipment causes such interference, Lessee
will take all steps necessary to correct and eliminate the
interference. I f said interference cannot be eliminated within
forty-eight (48) hours after receipt of written notice from Lessor
to Lessee, Lessee shall seek regulatory authorization to
temporarily disconnect the electric power and shut down Lessee's
equipment (except for intermittent operation for the purpose of
testing, after performing maintenance, repair, modification,
replacement, or other action taken for the purpose of correcting
such interference). If such interference is not corrected within
thirty (30) days after receipt of said written notice, Lessee
9-5
agrees to seek regulatory authorization to establish alternative
facilities and to remove its equipment from the premises. This
Lease shall then terminate without further obligation by either
party, except as may be specifically enumerated herein.
4. Lessor agrees that Lessee shall have free access to
Lessor I s property, antenna site and/or equipment room for the
purpose of installing, maintaining and operating Lessee's
equipment, and Lessor further agrees to give Lessee free ingress
and egress to the premises during the continuation of this Lease
and any renewals thereof. Lessor shall furnish Lessee with
necessary keys for the purpose of ingress and egress to the
premises. It is agreed, however, that only authorized engineers,
employees, contractors, sub-contractors, and agents of Lessee, FCC
inspectors, or persons under their direct supervision, will be
permitted to enter the premises.
5. COMPLIANCE WITH STATUTES AND REGULATIONS - Antennas, wires
and appliances of Lessee shall be erected and maintained in
accordance with the requirements and specifications of the safety
codes of the State of California, or any amendments or revisions
thereof, and in compliance with any rules or orders now in effect,
or that hereafter may be issued by the Federal Communications
Commission.
6. MAINTENANCE AND OPERATION OF PREMISES - Lessor reserves to
itself, its successors, and assigns, the right to maintain the
premises and to operate its facilities thereon in such manner as
will best enable it to fulfill its own service requirements, but in
accordance with the specifications herein mentioned. Lessor shall
not be liable to Lessee for any interruption of service of Lessee
or for interference with the operation of the equipment, wires and
appliances of Lessee arising in any manner from use of the premises
hereunder, unless due to negligence of Lessor, its employees,
agents or invitees.
7. RENTAL OF PREMISES - Lessee shall pay to Lessor for the use
of the premises described hereunder, a rental rate of
Two Hundred Seventv Five Dollars .. H___ - pe-r month,
payable in advance, commencing on the commencement date of the
lease as provided for in Paragraph 2.
8. UTILITIES - Electrical power is to be supplied and paid for
by: X Lessor or Lessee.
9. BUREAU OF LAND MANAGEMENT - All B.L.M. fees resulting from
the installation and use of the Lessee's equipment at the Premises
shall be paid by the Lessee within 30 days of being presented with
the amount of such fees. Not applicable this lease.
10. INDEMNIFICATIONS AND INSURANCE - Lessee shall indemnify
Lessor against any and all claims and demands for damages to
property and injury or death to persons, including any payments
made under any workmen's compensation law or any plan for
9-6
employee's disability and death benefits, which may arise out of or
be caused by the installation, maintenance, presence, use or
removal of Lessee's equipment, or by any act of Lessee on or in the
vicinity of the premises described hereunder.
Lessor shall indemnify Lessee and hold Lessee harmless from
and against any and all claims, liabilities, losses and causes of
action, of whatever kind or nature, which are suffered by or
asserted against Lessee by any person, and which arise out of, or
in connection with, or are based upon, any acts or omissions of
negligence on the part of Lessor, its employees, agents or invitees
under this Lease. Lessee shall carry adequate insurance to protect
the parties hereto against any and all claims, demands, actions,
j udgrnents, costs, expenses and liabilities which may arise or
result, directly or indirectly from Lessee's use of the Premises,
except such liability as' shall arise out of the negligence of
Lessor. The amounts of such insurance against liability due to
damage ~o property shall be One Million Dollars ($1,000,000.); as
to anyone occurrence and against liability due to injury or death
of a person, One Million Dollars ($1,000,000.). Lessee shall also
carry such insurance as will protect it from all claims under any
workmen's compensation laws in effect that. may be applicable to
Lessee. All insurance required hereunder shall remain in force for
the entire life of this agreement.
Upon request, Lessee shall, so long as this Lease shall remain
in force, provide to Lessor current certificates of insurance
evidencing that such insurance is in full force and effect.
11. RIGHTS TO EQUIPMENT - Any and all machinery, equipment and
trade fixtures installed by Lessee shall remain personalty
notwithstandipg the fact that it may be affixed or attached to the
realty, and shall, during the term of this Lease or any extension
or renewal thereof, belong to and be removable for Lessee. Lessee
may,. at its election, remove said machinery, equipment and trade
fixtures on or before the expiration of the term of this Lease
provided that Lessee shall repair any damage caused by said removal
wear and tear acceptable. Any of Lessee's property remaining on the
Premises thirty (30) days after the expiration or termination of
th~s Lease, which Lessor does not require Lessee to remove, shall
b~~~me the prQperty of Lessor, free of any claim by Lessee or any
person claiming through Lessee.
12. RENTAL RATE INCREASE - The rental rate of $275.00
per month shall be reviewed annually on the anniversary date on the
beginning of the Term, and shall be adjusted as follows: The basis
for completing the adjustment is the Wholesale Price Index,
published by the United States Department of Labor, Bureau of Labor
Statistics ("Index"), which is published for the date nearest the
date of the Term ("Beginning Index"). If the Index published
nearest the anniversary adjustment date ("Extension Index") has
increased over the Beginning Index, the minimum monthly rent for
the following year shall be set by multiplying the minimum monthly
rent set forth in Paragraph 7 above by a fraction, the numerator of
which is the Extension Index and the denominator of which is the
Beginning Index. If the Index is discontinued or revised during
9-7
this Term, such other government Index or computation with which it
is replaced shall be used in order to obtain substantially the same
result as would have been obtained if the Index had not been
discontinued or revised.
13. DEFAULT - In the event Lessee fails to comply with any of
the provisions of this Lease, including the specifications herein
mentioned, or default in any of its obligations under this Lease,
Lessor may, at its option, immediately terminate this Lease
provided Lessor has given Lessee ten (10) days written notice of
such default and Lessee has failed to cure the same within twenty
(20) days after receipt of such notice provided, however, that
where such default cannot reasonably be cured in such twenty (20)
day period, if Lessee shall proceed promptly to cure the same and
prosecute such curing with due diligence, the time for curing such
default shall be extended for such period of time as may be
necessary to complete such curing. Lessor hereby expressly waives
its Landlord's lien and any and all rights granted by or under any
present or future laws to levy or distrain for rent, in arrears, in
advance, or both upon any or all antennas, machinery, equipment and
other personal property of Lessee or any assignee or sub-tenant of
Lessee on the Premises. .
In addition, Lessor will not, except in any emergency, cure
any alleged default by Lessee until after the expiration of twenty
(20) days after Lessee's receipt of notice provided for herein and
then only if Lessee has failed, during such period, to cure such
default or perform such act.
14. ASSIGNMENT AND SUBLEASE - Lessee shall have the right to
assign this Lease or to sublet without Lessor's consent, to any
parent, subsidiary or affiliate of Lessee or to any person, firm or
corporation which shall be controlled by, under the control of, or
under common control with Lessee, or any corporation into which
Lessee may be merged or consolidated or which purchases all or
substantially all of the assets of Lessee. Lessor covenants and
agrees that it will not unreasonably withhold or delay its consent
to any other assignment of this Lease, or subletting of all or any
part of the Premises, to any other person, firm or corporation.
Notwi thstanding the foregoing, Lessee shall remain liable hereunder
just as fully as if such assignment or subletting had not been
made.
15. ATTORNEY'S FEES - In the event of any action filed in
relation to this Lease, the prevailing party shall be entitled to
recover from the other reasonable attorney's fees and other
disbursements.
16. MANNER OF GIVING NOTICE - Any notice to be given under
this Lease shall be mailed to the party to be notified at the
address set forth herein, by registered or certified mail with
postage prepaid, and shall be deemed given when so mailed.
Any demand or notice to either party may be given to the other
party by addressing the written notice to:
9-8
Lessor:
Palomar Communications, Inc.
2230 Micro Place
Escondido, CA 92029
Lessee:
Citv of Chula Vista, Transit Div.
1800 Maxwell Rd.
Chula Vista, CA 91911
17. Lessor covenants and agrees with Lessee that upon Lessee
paying the rent and observing and performing all the terms,
covenants and conditions, on Lessee's part to be observed and
performed, Lessee may peacefully and quietly enjoy the Premises,
subject nevertheless to the terms and conditions of this Lease.
18. ENTIRE AGREEMENT, SEVERABILITY - This Lease embodies the
entire agreement between the parties. It may not be modified or
terminated except as provided herein or by other written agreement
between the parties. If any provision herein is invalid, it shall
be considered deleted from this Lease, and shall not invalidate the
remaining provisions of this Lease.
19. PARTIES' BOUND BY AGREEMENT- - Subject to the provisions
hereof, this Lease shall extend to and bind the heirs, executors,
administrators, successors and assigns of the parties hereto.
20. TOWER MARKING & LIGHTING REQUIREMENTS Lessor
acknowledges that it, and not Lessee, shall be responsible for
compliance with all tower or building marking and lighting
requirements of the Federal Aviation Administration ("FAA") or the
Federal Communications Commission ("FCC"). Lessor shall indemnify
and hold Lessee harmless from any fines, or other liabilities
caused by Lessor's failure to comply with such requirements.
Further, should Lessee be cited by either the FCC or FAA because
this site is not in compliance, and if Lessor does not cure the
conditions of noncompliance within the time frame allowed by the
citing agency, Lessee may terminate this License Agreement
immediately upon notice to Lessor.
IN WITNESS WHEREOF, the parties have executed this agreement
on the day and the year first above written.
Less~. alomar Communications, Inc.
By: -':idr..z~ A ~ __
/
Title: Dean R. Hovey, President
Lessee: Citv of Chula Vista
By:
Title:
City Attorney:
9-9
COUNCIL AGENDA STATEMENT
Item /0
Meeting Date 09/19/06
ITEM TITLE:
Resolution Approving the First Amended Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 05-07,
McMillin Otay Ranch Village Seven "A" Map.
SUBMITTED BY:
Resolution Approving the First Amended Supplemental
Subdivision Improvement Agreement for Chula Vista Tract No. 05-09,
Otay Ranch Village Seven "A" Map. 'is
\~M x..~ L-
Acting Director of En/ng """'0
Interim City Manager ,j! (4/5thsVote:Yes_NoK)
REVIEWED BY:
On March 8, 2005, the City Council approved the Supplemental Subdivision Improvement
Agreement for McMillin Otay Ranch Village Seven "A" Map ("McMillin SSIA") and on
September 13, 2005, the City Council approved the Supplemental Subdivision Improvement
Agreement for Otay Ranch Village Seven "A" Map ("ORC SSIA"). Both agreements included
a cap on the total number of residential building permits for both subdivisions of 400
maximum prior to the opening of the SR-125 toll road. The amended McMillin SSIA and
ORC SSIA agreements for Council's consideration tonight will allow an additional 600
dwelling units beyond the initial 400 (a total of 1000 dwelling units) for both subdivisions that
may be built prior to SR-125 toll road opening for public access, due to a delay in the toll
road's construction, based on a recently completed traffic study indicating that roadway
capacity is sufficient to allow for the additional building permits.
RECOMMENDATION: That City COlillcil adopt the Resolutions
1) Approving the First Amended Supplemental Subdivision Improvement Agreement for
Chula Vista Tract No. 05-07, McMillin Otay Ranch Village Seven "A" Map; and,
2) Approving the First Amended Supplemental Subdivisioh Improvement Agreement for
Chula Vista Tract No. 05-09, Otay Ranch Village Seven "A" Map.
BOARDS AND COMMISSIONS: N/A
DISCUSSION:
Chula Vista Tract 05-07, McMillin Otay Ranch Village Seven "A" Map is a l70.l-acre project
consisting of 758 residential units. The area is generally located south of Birch Road, west of
SR-125 and east of Magdalena Avenue (see Exhibit "A"). The Tentative Map was approved
October 12, 2004 by Resolution No. 2004-331. Chula Vista Tract 05-09, Otay Ranch Village
Seven "A" Map is a 105.2-acre project consisting of 375 residential units. The area is
generally located south of Birch Road, west of Magdalena Avenue and East of La Media Road
10-1
Page 2, Item I()
Meeting Date 09/19/06
(see Exhibit "B"). The Tentative Map was approved October 12, 2004 by Resolution No.
2004-332.
In both the McMillin SSIA and ORC SSIA, Section 10 Condition No.9 states, "in satisfaction
of Condition No. 9 of the Resolution, the Developer acknowledges and agrees that, in
accordance with Addendum to FEIR 04-06, no more than 400 building permits may be issued
by the City within Village 7 prior to the completion of SR- 125 to the International Border.
Notwithstanding the foregoing, the City may issue additional building permits if the City
Council, in it sole discretion, determines that each of the following conditions have been met:
(1) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2) traffic
studies, prepared to the satisfaction of the City Engineer and the City Council, demonstrate that
the opening of SR-125 to Olympic Parkway provides additional capacity to mitigate the
project's cumulative significant traffic impacts to a level below significance without exceeding
GMOC traffic threshold standards. Alternatively, the City may issue building permits if the
City Council, in its sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time."
Linscott, Law & Greenspan ("LLG") prepared a traffic study dated September 7, 2006 (see
Exhibit "C") that addresses the potential for additional traffic capacity in the eastern territories
prior to the opening of SR-125. The study was prepared to update the "Eastern Territories
Traffic Capacity Analysis" prepared by LLG (April 10, 2003) specific to Otay Ranch Village
Seven. The methodology in this study estimated future traffic conditions using Traffic
Monitoring Program (TMP) speed and traffic volumes to forecast future travel speeds. During
the month of May 2006, the City's Traffic Engineering staff completed TMP data runs to
determine prevailing speeds for the following streets east of 1-805: East H Street, Telegraph
Canyon Road, Olympic Parkway, and Main Street. In addition, traffic counts were completed
on all of the four roadway segments since this was the first opportunity to collect the data now
that all of the roadway widening projects have been completed and opened to traffic. LLG
used the City's TMP data and traffic counts in their traffic study and concluded that there is an
additional capacity of600 dwelling units beyond the initial 400 (a total of 1000 dwelling units)
for both subdivisions available in the roadway network such that the City's threshold standards
will not be exceeded.
In April 2003 the City and various developers in the Eastern Territories entered into separate
agreements that would monitor the issuance of building permits east of 1-805 prior to the
completion of SR-125. These agreements were based in part on the "Eastern Territories
Traffic Capacity Analysis" prepared by LLG dated April 10, 2003. This report concluded that
8,990 units could be built prior to SR-125 being opened (with the start date of January 1, 2003)
before City thresholds would be exceeded. For several reasons, none of the monitoring
agreements were renewed upon their expiration on March 31,2006 (see Council Info Memo,
Exhibit "D").
Staff recommends approval of the amended McMillin SSIA and ORC SSIA for the following
reasons:
10-2
Page 3, Item (0
Meeting Date 09/19/06
The LLG report shows that there is additional capacity available in the roadway
network that can be utilized without causing the City's threshold standards to be
exceeded;
Independent City Traffic Monitoring Plan ("TMP") runs and data show the levels of
service during the A.M./Mid-day/P.M. peak periods are currently at either level "A" or
"B."
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed project for compliance with the California Environmental Quality Act and has
determined that the Final Maps and SSIA's were adequately covered in the previously certified
Final Second Tier EIR (EIR 04-06) and associated addendum, for the Otay Ranch Village
Seven Sectional Planning Area Plan, and Conceptual Tentative Map. Thus, no further
environmental review or documentation is necessary.
DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City
Council and and has found no property holdings within 500 feet of the boundaries of the
property which is the subj ect of this action.
FISCAL IMPACT: There is no impact to the General Fund. The Developer has paid all fees
and other costs associated with the proposed amendment.
Attachments:
Exhibit "A":
Exhibit "B":
Exhibit "C":
Exhibit "0":
Attachment I:
Attachment 2:
Attachment 3:
Attachment 4:
Attachment 5:
Attachment 6:
Plat ofChula Vista Tract No. 05-07, McMillin Otay Ranch Village 7 "A" Map.
Plat ofChula Vista Tract No. 05-09, Otay Ranch Village 7 "A" Map No.1.
Linscott, Law & Greenspan traffic study
Building Permit Monitoring Program Expiration Council Information Memorandum
McMillin Developer's Disclosure Statement
Otay Ranch Developer's Disclosure Statement
McMillin Supplemental Subdivision Improvement Agreement
McMillin Amended Supplemental Subdivision Improvement Agreement
Otay Ranch Supplemental Subdivision Improvement Agreement
Otay Ranch Amended Supplemental Subdivision Improvement Agreement
J:\Engineer\AGENDA\CAS2006\08-22-06\A113 ORC McMillin SSlA amendment.doc
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Before..
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September 7,2006
Mr Frank X Rivera, P .E, T.E
City of Chula Vista
276 Fourth Avenue
MS E-lOO
Chula Vista, CA 91910
LLG Reference: 3-06-1677
Subject:
Village 7 Monitoring Traffic Analysis
Chula Vista
Dear Frank:
LLG has conducted the following study to determine if permits could be issued for
the construction of 600 residential units in Village 7 prior to the completion of SR
125 and to connect to SR 54. The request for the permit for these 600 units is in
addition to the previously approved initial 400 units in Village 7 Village 7 is located
south of Birch Road between La Media to the west and the future SR 125 to the east
This study is part of the continued monitoring of new developments in the Eastern
Territories with respect to the existing available capacity on east / west roadways
connecting the City ofChula Vista to I-80S..
Study Area
The roadways analyzed in this analysis include East "H" Street, I elegraph Canyon
Road and Olympic Parkway, all east of I-80S.. These are the most congested
JOadways in Eastern Chula Vista and all have recently been widened.
Existing Conditions
Daily segment traffic volume counts were conducted by the City of Chula Vista on
East "H" StIeet, TelegIaph Canyon Road and Olympic Parkway during May / Tune
2006 Current travel speeds were recorded in several trials on all three roadways in
the westbound direction in the AM peak hour and in the eastbound direction during
the PM peak hour The corresponding levels of SeIvice (LOS) were determined
Figure 1 depicts the study area roadways and the location of Village 7. Appendix A
contains the travel speed observation and segment volume data sheets.
Existing Arterial Speed and LOS
The LOS is determined using the average speed from tables in the Highway Capacity
Manual (HCM) Table 1 summarizes the speed tlu'esholds for the levels of service..
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RichardE Barretto PE
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Frank X Rivera, PR, T R
September 7, 2006
Page 2
The City of Chula Vista utilizes the same HCM criteria for its traffic threshold
standards.
Table 2 summarizes the existing (2006) average travel time, speed and LOS. As seen
in Table 2, currently, the levels of service in the AM and PM peak hour are LOS B or
better' except in the westbound direction dwing the AM peak how on Olympic
Parkway, where the level of service is LOS C, It may be noted that in the past year,
additional capacity has been provided on East "H" Street and Telegraph Canyon Road
in the westbound direction, just east of 1-805, and therefore, improved operations are
observed on these two facilities,.
TABLE 1
YEAR 2006 OBSERVED ROADWAY SPEEDS AND CORRESPONDING LEVELS OF SERVICE
Average Ie'ave] Speed LOS
>35 A
>28 B
>22 C
> 17 D
>13 E
::;13 F
Source"
Highway Capacity Manual, 2000, Transportation Research Board
TABLE 2
YEAR 2006 OBSERVED ROADWAY SPEEDS AND CORRESPONDING LEVELS OF SERVICE
Roadway Segment Period! Tr'avel Time Aver-age Speed LOS
Dir'ection (Seconds) (MPH)
East "H" Street
From Paseo Ranchero to AM/WB 2487 33.6 B
Hidden Vista Drive PM/EB 260.1 32.1 B
TelegI'aph Canyon Road
Pasco Ranchero to AM/WB 1912 368 A
Canyon Plaza Driveway PM/EB 1942 36.2 A
Olympic Par kway
Heritage Road to A..lVl/WB 2876 25..1 C
Oleander Avenue PM/EB 1867 387 A
Footnotes"
WB - Westbound
EB - Eastbound
Source: City of Chula Vista Engineering Department
N:\1677<hport\1677 Rql0l1 dDe
/0-1
Frank X Rivera, P E, TE
September 7, 2006
Page 3
Regression equations were developed for each roadway for each peak hour /direction.
These equations were developed using the collected speed and volume data, The
future volume can be entered into the equation to deterntine the future forecasted
speed This speed can be use(l to estimate future levels of service" Table 3
summarizes the regression equations.
The attached Charts 1 through 6 in Appendix B depict the regression equations for
each peak hour for each roadway,
TABLE 3
REGRESSION EQUATIONS BASED ON OBSERVED SPEEDS AND VOLUMES
Roadway Segment Period / Regression Equation
Direction
East "H" Street AM/WE y ~ 1.2153ln (x) + 23681
From Paseo Ranchero to Hidden Vista Drive PM/EB y ~ -28..87 In (x) + 265 23
I elegraph Canyon Road AM/WE y ~ -14.84ln (x) + 154 74
Pasco Ranchexo to Canyon Plaza Driveway PM/EB Y = -4 9282ln (x) + 74.324
Olympic P:u'kway AM/WE Y ~ -32 357ln (x) + 277.35
Hedtage Road to Oleander Avenue PM/EB Y ~ -10.397ln(x) + 11676
Footnote'.i:
Y "" Speed in miles per houl'
X = peak: hour volwne in the subject direction
Residential Permits Issued for 2006
Table 4 summarizes the perntits issued for new residential units in the Eastern
Territories As seen in Table 4, 1,993 permits have been issued to projects subject to
monitoring and 63 perntits have been issued to projects not subject to monitoring" It
may be noted that 400 units previously approved within Village 7 are included in the
total perntitted units summary., Traffic generated by these units has been added to the
baseline condition
TABLE 4
PERMITTED UNITS SUMMARY
Projects Subject to Monitoring Net Units
EastLake III (including Land Swap) 535
Dray Ranch Village] I (B50) 457
Dray Ranch Village 6. (OR) 185
Otay Ranch Village 6. (MM) 79
San Miguel Ranch 172
Rolling Hills Ranch 165
Bella lago -
Village 7 400
Sub Total 1,993
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Frank X, Rivera, PE, TE
September 7, 2006
Page 4
TABLE 4 (CONTINUED)
PERMITTED UNITS SUMMARY
Projects Subject to Monitoring Net Units
Projects Not Subject to Monitoring
Otay Ranch Village I -
Otay Ranch Village I West -
Otay Ranch Village 5 -
San Miguel Ranch 32
Rolling Hills Ranch 31
Sunbow II -
Sub Total 63
Grand Total 2,056
Additional Traffic
Cumulative Projects
Table 5 summarizes the additional traffic generated by the permitted 2,056 units at
the 7 projects subject to the monitoring and the two projects not subject to the
monitOIing" These 8 projects (which are termed cumulative projects in this study) are
calculated to generate a total of 20,560 trips, This traffic was added to the subject
system prior to the traffic generated by the 600 Village 7 units,
Village 7
This study determines the impact of adding 600 units within Village 7 to the three
subject roadways, The 600 units at Village 7 are calculated to add 6,000 ADT This
will be in addition to the 20,560 trips generated by the 2,056 units for which permits
have been issued
TABLE 5
CUMULATIVE PROJECTS TRIP GENERATION
Development Permits Issued Rate ADT
fOJ'
Projects Subject to Monitoring
EastLake III (including land Swap) 535 Units 10 !Unit 5,350
Otay Ranch Village 11 (BSO) 457 Units 10 !Unit 4,570
Otay Ranch Village 6 (OR) 185 Units 10 !Unit 1,850
Otay Ranch Village 6 (MM) 79 Units 10 !Unit 790
San Miguel Ranch 172 Units 10 !Unit 1,720
Rolling Hills Ranch 165 Units 10 !Unit 1,650
Bella Lago - Units 10 !Unit -
Village 7 400 Units 10 !Unit 4,000
Sub Iotal 1,993 Units 19,930
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Frank X Rivera, PE, TE
September 7, 2006
Page 5
TABLE 5 (CONTINUED)
CUMULATIVE PROJECTS TRIP GENERATION
Development Per'mits Issued Rate ADI
fOI
Projects Not Subject to MonitOIing
San Miguel Ranch 32 Units 10 /Unit 320
Rolling Hills Ranch 31 Units 10 /Unit 310
Sub Total 63 Units 630
Total Cumulative Projects 2,056 Units 20,560
Traffic Assignment
Appendix C includes the nip disnibution percentages for the projects listed above and
for Village 7 Using these nip disnibutions, the additionalnaffic on the thme subject
roadways was determined and is summarized in Table 6
Speed and LOS with Village 7 Traffic
Substituting the forecasted volumes in Table 6 into the cOtresponding regression
equations in Table 3, the forecasted speed with the addition of the new traffic was
determined and is summarized in Table 7.. Using the HeM, the forecasted LOS was
determined based on the speeds. As seen in Table 7, LOS C or better' operations ar.e
expected dwing the peak hows with the addition of the new naffic.
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Frank X. Rivera, P.E., T.E.
September 7,2006
Page 6
TABLE 6
TOTAL ADDITIONAL TRAFFIC
Existing Cumulative Projects Existing + Cumulative Projects Village 7 EXisting + Cumulative Projects
Segment +VlIIage 7
ADT AMWB PMER ADT AMWB PMEB ADT AMWB PMEB ADT AMWB PMEB ADT AMWB PME8
East H Street
1~805 to Hidden Vista Dnve 69.550 2,504 3,089 2,159 121 159 71,709 2.631 3.248 180 10 13 71,889 2,641 3,261
Telegraph Canyon Road
1-805 to Oleander Ave 72.604 2,935 2,127 1,503 85 101 74,107 3,020 2,834 600 34 42 74,707 3,054 2,876
Olympic Parkway
Iw805 10 Brandywme 48,140 2.135 1.990 4,854 212 340 52,994 2.407 2,330 2.100 118 141 55,094 2,525 2.477
Footnotes:
ADT - Average Daily Traffic volume
AM WB - AM westbound peal;: hour traffic VOlume
PM fiB - PM eastbound. peak hOUT traffic volume
Frank X. Rjvera, PE, TE
September 7, 2006
Page 7
TABLE 7
CALCULATED ROADWAY SPEEDS AND CORRESPONDING LEVELS OF SERVICE WITH NEW TRAFFIC
(ALL PERMITTED UNITS AND 600 VILLAGE 7 UNITS}
Roadway Segment Period / Speed LOS
Dir"ection (MPH)
East "H" Street
From Paseo Ranchero to Hidden Vista Dlive AM/WB 3325 B
PM/EB 31.68 B
Teleg, aph Canyon Road
Paseo Ranchero to Canyon Plaza Driveway AM/WB 3566 A
PM/EB 35.08 A
Olympic Pa,l<way
HeIitage Road to Oleander Avenue AM/WB 2386 C
PM/EB 3551 A
Conclusions
The above analysis shows that the addition of 600 additional units in Village 7 over and
above the permitted units within Village 7 and other. developments in the Eastern
Territories is not expected to cause degradation in levels of service on East "H" Street,
Telegraph Canyon Road or Olympic Parkway below City traffic threshold standards.
The recent implementation of capacity enhancements on East "H" Street, Telegraph
Canyon Road and Olympic Parkway appear to have had a positive effect on the
capacities along these roadways.
It is recommended that units above 600 not be permitted unless suppOIted by futw'e
traffic studies.
Please call me if you have any questions or need any clarifications
Sincerely,
Linscott, Law & Gr'eenspan, Engineers
N arasmrha Prasad
Senior Transportation Engineer
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Village 7 Monitoring
EXHIBIT
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COUNCIL INFORiV1ATION illMORANDUM
DATE:
March 28, 2006
SUBJECT:
The Honorable Mayor and City counc~
David D. Rowlands Jr., City Manager 'jl ,~Jl ~
James D. Sandoval, Director ofPlancing and Building r
Building Permit Monitoring Program Expiration
TO:'
VIA:
FROM:
In April 2003 the City Council entered into agreements with several developers. The agreements
were based upon traffic studies, which revealed the capacity for approximately 8,990 residential
units prior to the opening of SR-125. . The three-year agreements were successful in both
momtoring growth at a time when there had been rapid residential development in eastern Chula
Vista and also caused the developers to expedite the construction of needed infrastructure, such
as the H Street and Telegraph Canyon Road widening projects. The agreements will expire
March 31, 2006. Staff does not intend to engage the developers in order to create new
agreements for several reasons:
1. SR-125 should be opened within the next twelve months (between October 2006 and March
2007).
2. There are approximately 1,500 units worth of traffic capacity left from the three-year
agreements.
3. Traffic studies and actual "on the ground" traffic runs have identified an additional 861 units
worth of capacity for a total of over 2,400 residential units pre SR-l25.
4. The rate of growth has dropped significantly from a high of over 3,500 residential units in
2001 to approximately 1,600 units this fiscal year, and an estimated 1,800 units each for the
next two years.
5. The GMOC threshold standards are still in place, which gives the City Council the ability to
call for a moratorium if there are violations.
6. The Growth Management Element in the newly adopted General Plan gives the City Council
the ability to set a limit on growth (a numerical limit) beyond that allowed under the Growth
Management Program, Such a limit is not required to be tied to traffic capacity.
7. The review of new major developments will include additional traffic analysis in order to
determine if any individual project phasing limits are needed.
If you have any questions, please contact me at 691-5002 or Steve Power at 409-5864.
cc: Assistant City Managers
Department Heads
Frank Rivera, Traffic Engineer
J:\planning\jim\coUnciI information memo Bldg Monitor Progr.doc
10-14
ATTACHMENT 1
~\r~
-fI-
r- ~
P I ann
n g
& Building
Plannillg Division
Department
Development Processing
CITY OF
CHUIA VlsrA
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by the Council,
Planning Commission and all other official bodies of the City. a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City af Chula Vista election must be filed. The following information
must be disclosed:
1. Lisl the names of all persons having a financiat interest in the property thai is the subject of the application or the
contract, e.g., owner, applicant. contractor. subcontractor, material supplier.
McMillin Olay Ranch, LLC
2. If any person' identified pursuant to (1) above is a corporation or partnership, tist the names of all individuals with
a $2000 Investment in the business (corporation/partnership) entity.
3. If any person' identified pursuant to (1) above is a non-profit organization or trust. list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
4. Please identify every person. including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter.
Todd Galarneau Gregg Alpert
Gary Cinti Justin CraiQ . Bridget McEwen
Guy Asaro ,.. Rodney Lu~~ky, Nick Lee
5. Has any person. associated with this contract had any financial dealings with an official.... of the City of Chula
Vista as it relates to Ihis coniracl wiihin the past 12 months. Yes_ No~
If Yes. briefly describe the nature of the financial inlerest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past lwelve (12) months to a current member of the
Chula Vista City Council? No is. Yes _ If yes, which Council member?
27[, FUllr'th J\.".~nllf~
Chuli1 Visla
Cillifnrnii1
Q1910
(bl q) rlq I.S 1 01
10-15
,
, .
City Of Chura Vista
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official" of the City of Chula Vista In the
past twelve (w months? (This includes being a source of Income, money to retire a legal debt, gift, loan, etc.)
Yes _ No
If Yes, which official" and what was the nature of item provided?
Dale: ~O Ide;,.
Print or type.name of Contractor/Applicant
.
Person is deflnad as: any individual, firm, co-partnership, Joint venture, association. social club, fraternal
organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other
political subdivision, -or any other group or combination acting as a unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board,
commissIon, or committee of !he City, employee, or staff members.
276 Fourth Avenue
Chula Vista
California
91910
(619) 691-5101
10-16
ATTACHMENT a
~
--"
Planning & Building Department
Planning Division I Development Processing
0lY OF
CHUlA VISTA
APPLICATION APPENDIX B
Disclosure Statement
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action by
the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain
ownership or financial Interests, payments, or campaign contributions for a City of Chula Vista election must
be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
Jim Baldwin
AI Baldwin
Otav Proiect. LP
2. If any person" identified pursuant to (1) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
Jim Baldwin
AI Baldwin
3. If any person~ identified pursuant to (1) above Is a non-profit organization or trust, list the names of
any person serving as director of the non-profit organization or as trustee or beneficiary or trustor of
the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
Kim John Kilkennv Ranie Hunter
Lex Williman
Rob Cameron Kent Aden
5. Has any person" associated with this contract had any financial dealings with an official'" of the City
of Chula Vista as it relates to this contract within the past 12 months. Yes D- No ~
If Yes, briefly describe the nature of the financial interest the official"' may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No I:8J Yes 0 If yes, which Council Member?
276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691.~101
10-17
Planning & Bnilding Department
Planning Division I Development Processing
em Of
CHULA VISTA
APPLICATION APPENDIX B
Disclosure Statement - Page 2
7. Have you provided more than $340 (or an item of equivalent value) to an official- of the City of Chula
Vista in the past twelve (12) months? (This includes being a source of income, money to retire a legal
debt, gift, loan, etc.) Yes D- No ~
If Yes, which official.. and what was the nature of item provided?
Date: Julv 24. 2006
Kent Aden
Print or type name of Contractor/Applicant
.
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city,
municipality, district, or other political subdivision, -or any other group or combination acting as a
unit.
..
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of
a board, commission, or committee of the City, employee, or staff members.
276 Fourth Avenue I Chula Vista I California I 91910 I (619) 691-5101
10-18
I-
!d6
3~iP
IN)IJ
RECORDED REQUEST OF
First American Title
SUAO[VISIOr-i MAPPING DEPT.
r .. ,...3
f.TTAC. "'.....1'J!. DOC # 2005-0383256
04 21 1111111111111111111111111111111111111111111111111111111111111111111111
RECORDING REQUEST BY:
MAY 06, 2005 10:11 AM
City Clerk
OFFICIAL RECORDS
5"1'1 DIE'~O COUNTY RECORDEF:',. OFfiCE
C,REGORY J SI...liTH coum.,. RECORDER
FEES' "b 00
PAGES. 37
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
I [11111111111111111111111111111111 Hili 8111 1111 1111 1m 011I11111111181
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
//93-1?s--C
Developer
Above Space for Recorder's Use R' ,
o - LlSL\-1='
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE MCMILLIN OTA Y RANCH VILLAGE SEVEN "A" MAP
(Conditions: 1,2,3,4,5,7,8,9,10,11,12, 14, 16, 18,21,22,23,27,
28,32,42,45,46,50,51,54,57,60,62,65,69, 70,83,87,88,89,
91,93,95,96,97,98,101,102,104,106,111,112,113,115,121,
122,123,124,131,132,135,136,145,146,147,148,149,150,151,
152,153,154,155,156,157,158,159,160,161, 166, 167, 168, 169,
170,171,173,174,175,176, and 177 of Resolution No. 2004-331)
.~
This Supplemental Subdivision Improvement Agreement ("Agreement") is made thisLday
o~, ,2005, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for
recording purposes only) and the signators of this Agreement, McMillin Otay Ranch, LLC, a
Delaware Limited Liability Company, (referred to as "Developer" or "Grantor"), with reference to
the facts set forth below, which recitals constitute a part of this Agreement:
RECITALS
A This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part ofOtay Ranch Village 7, a master planned development. For purposes of this
Agreement the term "project" shall also mean "Property". Developer has applied for a [mal map for
the Property, more specifically known as McMillin Otay Ranch Village 7 "A" Map,
1
0-;;<':;'1,<7 71
10-19
6422
B. Developer and/or Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 05-07 ("Tentative
Subdivision Map") for the subdivision of the Property.
D. The City has adopted ResolutionNo. 2004-331 ("Resolution") on October 12, 2004, pursuant
to which it has approved a Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to approve
the final map of the property known as McMillin Otay Ranch Village Seven "A" Map ("Final Map")
as being in substantial conformance with the Tentative Subdivision Map described in this
Agreement. Developer understands that subsequent final maps may be subject to the same security,
terms and conditions contained herein.
F. Lots 9 and 10 of the Final Map are condominium projects containing a maximum 316
residential units within Neighborhood R-6 and R-7 of the Otay Ranch Village Seven SPA Plan, and
as such this Final Map constitutes the final "B" map for those Neighborhoods.
G. The following defmed terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Map" means the final map for
McMillin Otay Ranch Village Seven "A" Map.
2. "Owner or Developer" means the person, persons or entity having a legal or an
equitable interest in the property or parts thereof and includes Owner's successors-in-interest and
assignors of any property within the boundaries of the map. This includes McMillin Otay Ranch,
LLC and any and all owners of real property within the boundaries of the Property, and all
signatories to this Agreement
3. "Guest Builder" means those entities obtaining any interest in the Property or
a portion of the Property, after the Final Map has been recorded.
4. "PFFP" means the Otay Ranch Village Seven SPA Plan Public Facilities
Finance Plan adopted by Resolution No. 2004-330 as may be amended from time to time.
5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4, 1996, as may be amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with
the duties and responsibilities described therein.
7. "Village Seven SPA" means the Village Seven Sectional Planning Area Plan
2
10-20
6423
as adopted by the City Council on October 12,2004 pursuant to Resolution No. 2004-330.
8. "Addendum" means the Addendum to the Final Second-Tier Enviroomental Impact
Report 04-06 considered by City Council on March 8, 2005.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as set forth below.
1. Performance Obligation. McMillin Otay Ranch LLC, signator to this Agreement,
represents to the City that it is acting as the master developer for this Project and expressly assumes
performance of the all obligations of this Agreement. Notwithstanding the foregoing, all parties to
this agreement acknowledge and agree that all such obligations remain a covenant running with the
land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good
faith effort to execute on bonds securing the obligations contained herein to the extent necessary to
complete any unfulfilled obligations of the master developer.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon
and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties public or
private, in whose favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such covenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project to a guest builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
obtain the written consent of the City to such release. Such assignment to the guest builder shall,
however, be subject to this Agreement and the Burden of this Agreement shall remain a covenant
running with the land. The City shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the
obligations of the Developer under this Agreement, and demonstrates, to the satisfaction of the City,
its ability to perform its obligations under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
o
J
10-21
6424
d. Partial Release of Developer's Assignees. If Developer assigns any portion of
the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreement to the satisfaction of the City and
such partial release will not, in the sole discretion of the City, jeopardize the likelihood that the
remainder of the Burden will not be completed.
e. Release ofIndividual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement:
i. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
ii. The conveyance of a lot to a Homeowner's Association.
The City shall not withhold its consent to such release so long as the City finds in good faith that
such release will not jeopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No.1 - (General Preliminary) In satisfaction of Condition No. I of the
Resol uti on, Developer hereby agrees that all of the terms, covenants and conditions contained within
the Resolution shall be binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Developer as to any or all of the Property. Unless specifically provided
otherwise, nothing in this Agreement shall modify amend or waive the Resolution or any of the
terms, conditions or covenants therein.
4. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of the
Resolution, Developer agrees to comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual;
Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall
Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps (TMs), Final
Second-Tier Environmental Impact Report (Final EIR 04-06) and associated Mitigation Monitoring
and Reporting Program (MMRP) and its Addendum; Otay Ranch Village Seven Sectional Planning
4
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6425
Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Parks,
Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality ImprDvement
Plan (AQIP), Water Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan
as amended from time to time, unless specifically modified by the appropriate department head, with
the approval of the City Manager. These plans may be subject to minor modifications by the
appropriate department head, with the approval Df the City Manager, hDwever, any material
mDdificatiDns shall be subject to approval by the City Council.
5. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of the
Resolution, Developer hereby agrees that if any of the terms, covenants or conditions contained
herein shall fail to occur Dr if they are, by their terms, to be implemented and maintained over time,
if any of such conditions fail to be so implemented and maintained according to their terms, the City
shall have the right to revoke or modify all approvals herein granted including issuance of building
permits, deny, or further cDnditiDn the subsequent approvals that are derived from the approvals
herein granted, institute and prosecute litigation to compel their compliance with said conditiDns Dr
seek damages for their violation. City shall notify Developer 10 days prior to any of the above
actions being taken by the City and DeveLoper shall be given the opportunity to remedy any
deficiencies identified by the City within 10 calendar days of the date of the notice.
6. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the
Resolution, Developer hereby agrees to indemnify, protect, defend and hold the City harmless from
and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Environmental Impact Report and subsequent environmental review for the Project and any or
all entitlements and approvals issued by the City in connection with the PrDject.
7. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of the
Resolution, the Developer agrees to comply with all applicable Village Seven SPA conditions of
approval, (PCM 04-05) as may be amended from time to time.
8. Condition No.7 (General Preliminary). In satisfaction of Condition No.7 of the
Resolution, the Developer agrees that any and all agreements that the Developer is required to enter
in hereunder shall be in a form approved by the City AttDrney.
9. Condition No.8 - (General Preliminary). In partial satisfaction ofConditiDn No.8
of the Resolution, the Developer agrees to provide funds to the Reserve Fund as required by the
Reserve Fund Program. Developer further agrees, pursuant to the provisions of the Growth
Management Ordinance and the Otay Ranch General Development Plan (GDP), to participate in the
funding of the preparation Df an annual report monitoring the develDpment of the commwrity ofOtay
Ranch. The annual monitoring report will analyze the supply of, and demand fDr, public facilities and
services governed by the threshold standards. Developer further agrees that an annual review shall
commence following the first fiscal year in which residential occupancy occurs in the PrDject and is
tD be completed during the second quarter of the following fiscal year. Developer further agrees that
5
10-23
642G
the annual report shall adhere to those guidelines noted on page 353, Section D of the GDP/SRP.
10, Condition No.9 - (General Preliminary). In satisfaction of Condition No.9 of the
Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to FEIR 04-
06, no more than 400 building permits may be issued by the City within Village 7 prior to the
completion ofSRl25 to the International Border. Notwithstanding the foregoing, the City may issue
additional building permits if the City Council, in its sole discretion, determines that each of the
following conditions have been met: I) SR125 is constructed and open between SR54 and Olympic
Parkway; and 2) traffic studies, prepared to the satisfaction of the City Engineer and the City
Council, demonstrate that the opening of SRI25 to Olympic Parkway provides additional capacity to
mitigate the project's cumulatively significant traffic impacts to a level below significance without
exceeding GMOC traffic threshold standards. Alternatively, the City may issue building permits if
the City Council, in it's sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
II. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of
the Resolution, the Developer agrees to comply with the terms of the Conveyance Agreement, as
may be amended from time to time, adopted by Resolution No. 18416 by the City Council on
October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and
Building.
12. Condition No. II - (Environmental). In satisfaction of condition No. II of the
Resolution, the Developer agrees shall implement, to the satisfaction of the Director of Planning and
Building and Environmental Review Coordinator, all environmental impact mitigation measures
identified in Final ErR 04-06 (SCH#200311I 050), the candidate CEQA Findings and MMRP for this
Project.
13. Condition No. 12 - (Compliance). In satisfaction of condition No. 12 of the
Resolution, the Developer agrees to comply with all applicable requirements of the California
Department ofFish and Game, the California State Water Resources Quality Control Board, the V.S.
Fish and Wildlife Service and the V.S. Army Corps of Engineers. Developer further agrees that
prior to any activity that may potentially impact biological resources, such as clearing and grubbing, the
Developer shall comply with all applicable requirements prescribed in the Otay Ranch Village Seven
Second-Tier Environmental hopact Report (ErR 04-06)(SCH#2003111 050), and MMRP.
14. Condition No. 14 -(preserve Conveyance). In satisfaction of condition No. 14 of
the Resolution, the Developer agrees that prior to the approval of each final "B" map for the Project,
the Developer shall comply with all requirements and policies of the Otay Ranch Resource
Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase
2 Resource Management Plan (RMP2) and "Preserve Conveyance Schedule," as approved by City
Council on June 4, 1996, and as may be amended from time to time by the City
15. Condition No. 16 - (POM). In satisfaction of condition No. 16 of the Resolution,
6
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6427
the Developer agrees that simultaneously with conveyance ofland to the Preserve OwnerlManager
(POM) in fee title or by easement, the Developer shall cease all cattle grazing on the land to be
conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencing
or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City,
that cattle from adjacent areas cannot access the land being conveyed. Developer further agrees to
comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction
of the Director of Planning and Building.
16. Condition No. 18 - (pOM). In satisfaction of Condition Nos. 18, the Developer
agrees as follows:
a. The Developer has provided the City with Irrevocable Offer of Dedication for
229.69 acres of real property in accordance with the RMP 2, a portion of which is intended to satisfy
the particular acreage conveyance obligation of McMillin's Village 7 at a rate of 1.188 acres of
conveyance per acre of area within the Final Map, as of the date of this Agreement. But such
obligation may be subject to change in accordance with paragraph c below. Any remaining amount
shall be credited towards any future map obligations.
b. That such dedicated property shall be granted in fee title to the City and County of
San Diego as joint tenants and subject to the approval of the Preserve Owner/Manager. Should the
Preserve Owner/Manager not approve this conveyance, Developer agrees to convey equivalent real
property that complies with this provision.
c. That Developer shall convey additional real property, if necessary; in order to
comply with the conveyance formula described in RMP 2, as may be amended by City. Developer
acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres
per developable acre.
d. That all land to be conveyed as described above shall be free and clear of
liens and encumbrances except for easements for existing public infrastructure and other easements
approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2.
Developer further agrees to pay all taxes and assessments as they came due as to the land to be
conveyed until title has legally transferred to the City and County of San Diego.
e. Developer acknowledges that property within the boundaries of the "A" Map
which will be the subject of future final maps may have conveyance obligations to fulfill for all
development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope
areas shown on the "A" Map.
17 Condition Nos. 21 & 22 - (Noise Barriers). In partial satisfaction of condition No.
21 and satisfaction of condition No. 22 of the Resolution, the Developer has provided security for the
noise barriers required for Neighborhoods R6 and R7 (Lots 9 and 10, respectively) of the project in
the amount set forth on Exhibit "B". Developer agrees that unless required noise barriers are
7
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6428
constructed, no building permits shall be issued for those lots within the noise contour of 65 CNEL
or greater as described in the Acoustical Study required by mitigation measure 4.4.1 and the
Acoustical Impact Analysis by Giroux & Associates, dated June I, 2004 and the Noise Technical
Report for Otay Ranch Village Seven by RECON, dated February 23, 2004, unless earlier modified
by agreement with the City of Chula Vista, CTV or its successor in interest, and Developer.
Developer further agrees that all noise barrier design and construction adjacent to SR-125 shall be
coordinated with the City of Chula Vista, CAL TRANS, and CTV or its successor in interest.
Developer acknowledges that noise barrier design and construction adjacent to SR-125 may be
modified should a subsequent acoustical study demonstrate to the satisfaction of the Director of
Planning and Building that the applicable noise standards will be achieved by a modified design.
18. Condition No. 23 - (Coordinate). In satisfaction of condition No. 23 of the
Resolution, the Developer agrees to make a good-faith effort to coordinate development and
implementation of the Village Seven SPA Plan Area with all other developers within Village Seven
including phasing, grading, improvements and dedication of right-of-way.
19. Condition No. 27 - (Oversizing). In satisfaction of condition No. 27 of the
Resolution, the Developer agrees that in the event of a filing of a final 'B' Map which requires
oversizing of the improvements necessary to serve other properties within the Project, said [mal map
shall be required to install all necessary improvements to serve the project plus the necessary
oversizing of facilities required to serve such other properties (in accordance with the restrictions of
state law and City ordinances).
20. Condition No. 28 - (Signage). In satisfaction of condition No. 28 of the Resolution,
the Developer agrees that prior to issuance of the first building permit, Developer shall submit for
review and approval a sign program to the Director of Planning and Building and shall post
temporary signs on all neighborhoods within the Project indicating the future land use(s) for said
sites with signage consistent with the sign program. Developer acknowledges that temporary signs
shall be maintained in place until such time as a proj eet is approved for any such future land use site.
21. Condition No. 32-.(Street Trees). In partial satisfaction of condition No. 32 of the
Resolution, the Developer agrees:
a. To install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code;
b. That all street trees shall be planted in parkways, or as otherwise approved by
the Director of Planning and Building;
c. That street trees, which have been selected from the revised list of appropriate
tree species described in the Village Seven Design Plan, Village Seven SPA Plan, Fire Protection
Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and the
Director of Public Works;
8
10-26
6429
d. That prior to the installation of any dry utilities, including by not limited to
cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvement
plans that show the locations of all future street trees;
e. All street tree improvement plans shall be subject to the review and approval
of the Director Of General Services and the Director of Planning and Building;
f. That prior to any utility installation, wood stakes shall be placed and
maintained in the locations as shown on approved landscape plans and that such stakes shall remain
in place until all dry utilities are installed;
g. That said wood stakes shall be painted a bright color and labeled as future
street tree location;
h. To provide the City documentation, acceptable by the Director Of General
Services and the Director of Planning and Building, that all utility companies have been given notice
that no dry utility line shall be located within five feet of the wood stake in any direction; and
i. To maintain street tree identification stakes in a location as shown on
approved plans until all dry utilities are in place.
22. Condition No. 42 - (PFDIF). In satisfaction of condition No. 42 of the Resolution,
the Developer agrees to participate in the funding of revisions of the Public Facilities Development
Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the
City Manager or his designee and subj ect to the approval of the City Council.
23. Condition No. 45 - (Fire). In satisfaction of condition No. 45 of the Resolution, the
Developer agrees to comply with the Fire Department's codes and policies for Fire Prevention, as
may be amended from time to time. The Developer further agrees to provide the following items
either prior to the issuance of building permit(s) for the Project, or prior to delivery of combustible
materials on any construction site on the Project, whichever occurs earlier:
a. Water supply consisting of fire hydrants as approved and indicated by the Fire
Department during plan check to the satisfaction of the Fire Department. Any temporary water
supply source is subject to prior approval by the Fire Marshal.
b. Emergency vehicle access consisting of a minimum first layer of hard asphalt
surface or concrete surface, with a minimum standard width of 20 feet.
c. Street signs installed to the satisfaction of the City Engineer. Temporary street
SIgns shall be subject to the approval of the City Engineer and Fire Department. Developer
9
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6430
acknowledges and agrees that the locations and identification of temporary street signs shall be
subject tD review and approval by the City Engineer and Fire Department.
24. Condition No. 46 - (Fire Hydrants). In satisfaction ofconditiDn No. 46 Dfthe
ResDlution, the Developer agrees that depending Dn the location of improvements such as cul-de-
sacs, alleys, driveways Dr when special circumstances exist in a subdivision design, as determined by
the Fire Marshal, the DevelDper shall install additional fire hydrants upon request and to the
satisfaction of the Fire Department
25. Condition No. 50 - (School Site). In satisfaction of condition No. 50 of the
Resolution, the Developer agrees to construct and secure to the satisfaction of the City Engineer, the
following improvements:
a. All necessary improvements, upon the request Df the City Engineer, fDr
prDviding ingress and egress tD the Elementary School (S-3). DevelDper acknowledges and agrees
that this requirement shall also include but is nDt limited to any required modificatiDn to medians,
storm drainage system, street lights, planting and irrigation improvements; and,
b. At the request of the City Engineer, Developer shall submit a traffic signal
warrant analysis fDr the ingress and egress to the Elementary School S-3. If traffic signal warrants
are met, Developer agrees to CDnstruct traffic signal improvements for vehicular ingress and egress tD
the Elementary School S-3
26. Condition Nos. 51, 150, 152 ~ (Transit Facilities). In satisfaction of condition Nos.
51, 150,152 of the Resolution, the Developer agrees:
a. Fund and install Chula Vista transit facilities within the tentative map boundary
when directed by the DirectDr of Public Works. The improvement plans for said stDpS shall be
prepared in accordance with the transit stop details described in the Village Seven Design Plan and
Village Seven PFFP and as apprDved by the Directors of Planning and Building and Director DfPublic
WDrks;
b. Design and construct transit facilities in a manner as apprDved by the City's
Transit CoordinatDr and the Director of Planning and Building;
c. Not protest the formation of any future regional benefit assessment district to
finance the MTDB San Diego Trolley LRT, BRT, or other transit system; and
d. Not protest the formation of any future regional benefit assessment district to
fmance the transit system.
27. Condition No. 54 - (Private facilities). In satisfaction of cDndition No. 54 of the
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Resolution, the Developer shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. Developer acknowledges that the installation of sleeves for future
construction of privately owned facilities may be allowed subject to the review and approval of the
City Engineer if the following is accomplished:
a. The developer enters into an agreement with the City where the developer
agrees to the following:
i. Apply for an encroachment permit for installation of the private
facilities within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
ill. Mark out any private facilities owned by the developer whenever
work is performed in the area; and,
iv. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
28. Condition No. 57 -(Street Name Signs). In satisfaction of condition No. 57 of the
Resolution, the Developer agrees that prior to approval of each final map for the Project, Applicant
shall agree to install permanent street name signs, and shall install such signs prior to the issuance of
the first building permit for production homes for the applicable final map.
29. Condition No. 60 - (Drainage Maintenance). In satisfaction of condition No. 60 of
the Resolution, the Developer shall provide drainage improvements in accordance with the Otay Ranch
Village Seven Village of Vista Verde Preliminary Drainage Study, dated May 24, 2004, or a subsequent
Hydrology Study submitted to and approved by the City Engineer. Developer agrees to maintain all
such drainage improvements until the City, an applicable maintenance district, or other mechanism as
approved by the City formally accepts said improvements for maintenance. Said maintenance shall
ensure that drainage facilities will continue to operate as designed. The Developer further agrees to
maintain, or cause to be maintained, the Receiving Waters of the United States of America described in
the Regional Water Quality Control Board (R WQCB) 401 Water Quality Certification (401
Certification) for the project and contained within Lot "C" of the Final map in accordance with the
terms and conditions of the approved Water Quality and Stream Morphology Plan required by said 401
Certification, until the City accepts the Receiving Waters for maintenance by the Village 7 open space
maintenance district, or other entity approved by the City and the R WQCB. The developer further
acknowledges and agrees that the terms of acceptance of the Receiving Waters by the City shall be the
subject of an agreement between the City and Developer that shall be completed prior to the approval
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of the next Final "B" Map for the project.
30. Condition No. 62 - (Encroachment). In satisfaction of condition No. 62 of the
Resolution, the Developer agrees storm drain systems that collect water from private property shall be
designated private on grading and drainage and/or improvement plans to the point of connection with a
public system or to the point at which storm water that is collected from public street right-of-way,
public park or open space areas is first introduced into the system. Developer agrees that downstream
from that point, the storm drain system shall be public and an encroachment permit shall be processed
and approved by the City for private storm drains within the public right-of-way or within C.F.D.
maintained Open Space lots.
31. Condition No. 65 - (Drainage). In satisfaction of condition No. 65 of the Resolution,
the Developer agrees that all storm drain design shall conform to the requirements of the Subdivision
Manual and the Grading Ordinance as may be amended from time to time.
32.. Condition No. 69- (Easements). In satisfaction of condition No. 69 of the Resolution,
the Developer agrees to grant on the appropriate fina1 "B" map a IS-foot minimum drainage and access
easement for public storm drain lines located between residential units unless otherwise directed by the
City Engineer.
33. Condition No. 70 - (NPDES). In satisfaction of condition No. 70 of the Resolution,
the Developer agrees to the following:
a. That development of the subdivision shall comply with all applicable
regulations established by the United States Environmental Protection Agency (USEP A) as set forth in
the National Pollutant Discharge Elimination System (N.P.D.E.S.) permit requirements for urban runoff
and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the
N.P.D.E.S. regulations or requirements;
b. To file a Notice of Intent with the State Water Resources Control Board to
obtain coverage under the N.P.D.E.S. General Permit for Storm Water Discharges Associated with
Construction Activity and shall implement a Storm Water Pollution Prevention Plan (SWPPP)
concurrent with the co=encement of grading activities;
c. That the S WPPP shall include both construction and post construction pollution
prevention and pollution control measures and shall identify funding mechanisms for post construction
control measures;
d. To comply with all the provisions of the N.P.D.E.S. and the Clean Water
Program during and after all phases of the development process, including but not limited to: mass
grading, rough grading, construction of street and landscaping improvements, and construction of
dwelling units;
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e. To design the Project's storm drains and other drainage facilities to include Best
Management Practices to minimize non-point source pollution, satisfactory to the City Engineer;
f. That the San Diego Regional Water Quality Control Board has issued a new
Municipal Storm Water Permit (Order No. 2001-01) and that the permit includes regulations such as
implementation of Standard Urban Storm Water Mitigation Plans (SUSMPS) and Numeric Sizing
Criteria for new residential development; and
g. To comply with all relevant City regulations and policies including, but not
limited to, incorporation into the design and implementation of the Project temporary and permanent
structural Best Management Practices and non-structural mitigation measures that would reduce
pollution of storm water runoff to the maximum extent practicable.
34. Condition No. 83 - (poggi Canyon Monitoring Program). In satisfaction of
condition No. 83 of the Resolution, the Developer agrees to participate and shall thereafter participate
in any necessary funding for implementing a Poggi Canyon sewer trunk monitoring program, as
determined by the City Engineer. Developer agrees that the sewer trunk monitoring program shall
include an analysis of the remaining capacity of the Poggi CanyonlDate-Faivre sewer system and that
such analysis shall demonstrate to the satisfaction of the City Engineer that sufficient capacity exists far
the number of ED Us contained in all final maps for the Project submitted to the City pursuant to the
limits set forth in the PFFP. Developer further agrees that the analysis shall include all flows, including
pumped flows, entering the Poggi Canyon Trunk Sewer, not just from Village Seven, or from within
the Poggi Canyon gravity basin. This requirement shall remain in effect until completion of the Rock
Mountain Road Trunk Sewer project and transfer of the interim Poggi Canyon sewer flows to the Rack
Mountain sewer.
35. Condition No. 87 - (poggi Canyon Sewer DIF). In satisfaction of condition No. 87 of
the Resolution, the Developer agrees that prior to issuance of any building permit for equivalent
dwelling units (EDU's) I through 190 in the Project within the Poggi Canyon Sewer Basin, the Poggi
Canyon Gravity Sewer DIF in effect at the time of issuance shall be applied to each building permit.
Developer further agrees that in the following cases, the Salt Creek Sewer Interceptor DIF in effect at
the time of issuance shall be applied to each building permit:
i. any EDU to be issued after the 190th building permit, regardless of
which sewer basin the unit is located;
II. any EDU located within the Salt CreeklW olf Canyon Sewer Basin.
36. Condition No. 88 - (parks). In satisfaction of condition No. 88 ofthe Resolution, the
Developer agrees that the Village Seven Project shall satisfY the requirements of the Park Land
Dedication Ordinance (PLDO) which establishes a requirement that the project provide three (3) acres
of local parks and related improvements per 1,000 residents. Developer further agrees that this
requirement shall be satisfied through the dedication of parkland and the payment of PAD fees that
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enable the provision ofa 7,0 netuseable-acre Neighborhood Park (P-I). Developer has paid a portion
of the PAD fees in the amount of$885,748.00 to satisfy the park development portion of the PAD fee
obligation of Neighborhoods R-6 and R-7, Developer further agrees that the remaining requirement
shall be satisfied in a future Community Park through the payment of fees, dedication of land, or a
combination thereof in a manner acceptable to the Director of General Services, Developer agrees that
at no time shall there be a deficit in local parks for the project and that common useable open space
shall not receive park credit
37. Condition No. 89 - (parks). In satisfaction of condition No. 89 of the Resolution, the
Developer agrees to comply with the provisions of the City ofChula Vista Parks and Recreation Master
Plan as adopted and as it affects facility and other related requirements for the Project's parks.
38. Conditions No. 91 and 95- (Landscape Master Plan and Conceptual Wall and
Fence Plan). In satisfaction of condition No. 91 and 95 of the Resolution, the Developer shall have
prepared, submitted to and received approval from the Director of General Services of a comprehensive
Landscape Master Plan (LMP) for the Project within sixty (90) days from the date of this Agreement, or
prior to the approval of the first final "B" map for the project, whichever occurs first Developer
acknowledges that landscape improvement plans for the project that depend on completion of the LMP
shall not be approved before approval of the LMP. Developer agrees that the approval shall be
indicated by means of the Director of Planning and Building's, or designee's, signature and date on said
Plan and that the contents of the LMP shall conform to the City staff checklist and include the
following major components:
a. Maintenance Responsibility Plan (delineates private and public property and
indicates the maintenance responsibility for each);
b. Master Irrigation Plan (includes mainline and point of connection locations);
c. Master Planting Plan (includes landscape concept statement);
d. Fire Protection Plan (identifies brush management zones and treatment, if any);
e. Hardscape Concept and Trail Plan (identifies types and finishes of paving);
f Utility Coordination Plan (includes locations of rnaj or utility boxes and vaults);
g, Conceptual Wall and Fence Plan{includes the previously approved noise barrier
plan); and
h, Monumentation and Signage Plan (includes enlargements of entry monument
locations and signage concepts)
39. Condition No. 93 - (Slope Erosion Control). In satisfaction of condition No, 93 of
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the Resolution, the Developer agrees to install landscape and irrigation slope erosion control in
accordance with approved plans no later than six months from the date of issuance of the grading
permit. Developer agrees that if the work cannot be completed within the specified time, Developer
may request an extension, which may be granted at the discretion of the Director of Planning &
Building. Developer acknowledges that such a request shall be submitted for approval in writing to the
Planning & Building Department sufficiently in advance of the end of the six-month timeframe to
allow processing of the extension. Developer further agrees tha! notwithstanding the time of installation
of landscape, and irrigation slope erosion control, Developer agrees to remain in compliance with
NPDES.
40. Condition No. 96 -(Walls). In satisfaction of condition No. 96 of the Resolution, the
Developer agrees that prior to constructing a solid masonry, view wall or like wall which wiil adjoin a
wall constructed by a different developer, a transition wall plan shall be submitted to the City and is
subject to the approval of the Director of Planning and Building. Developer further agrees to work
together with other developers of Village Seven to the satisfaction of the Director of Planning and
Building in order to construct transitions between adjoining walls
41. Condition No. 97 - (Landscape and Irrigation Plans). In satisfaction of condition
No. 97 of the Resolution, the Developer shall install all improvements in accordance with approved
Landscape and Irrigation Plans to the satisfaction of the Director of General Services and the City
Engineer. Developer further agrees to furnish and deliver to the City of Chula Vista, simultaneously
with the execution of this Agreement, sufficient securities for construction of the Landscape and
Irrigation Plans approved by the City Engineer and City Attorney in the sums as set forth on Exhibit
"B",
42. Condition No. 98-(Underground Utilities). In satisfaction of condition No. 98 of the
Resolution, the Developer agrees to install underground utilities to the property line of the Project's
park site (P-l) to the satisfaction of the Director of General Services and the City Engineer concurrently
\Vith the installation of underground utilities for any portion of the Project adjacent to the park site or
upon request of the General Services Director, whichever occurs earlier.
43. Condition No. 101 - (park Grading). In satisfaction of condition No. 101 of the
Resolution, the Developer agrees Applicant shall rough grade the Project's park site (P-l) as shown on
the approved grading plan, at nO cost to the City, which costs shall not be credited toward PD~, to the
satisfaction of the City Engineer and the Director of General Services.
44. Condition No. 102 - (park Grading). In satisfaction of condition No. 102 of the
Resolution, the Developer agrees to submit grading and/or construction plans for that portion of
Magdalena Avenue which borders Park pol to show that Magdalena Avenue meets elevation
requirements as approved by the City Engineer and as generally shown on the conceptual design for the
Elementary School & Park included within the SPA plan. Developer acknowledges that should the
Park pol site fail to accorrunodate a 7.0 net usable acre park based on the approved Village Seven Park
Master Plan, then the deficiency shall be provided at a location approved by the Director of General
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Services.
45. Condition No. 104 - (Trails). In satisfaction of condition No. 104 of the Resolution,
the Developer agrees that when trails extend to the property limits and are intended to continue into an
adj acent property, Developer agrees to coordinate alignments, trail and fencing materials and
construction methods with other developers within Village Seven, so as to provide a seamless transition
from one ownership to another.
46. Condition No. 106 - (Regional Trails). In partial satisfaction of condition No. 106 of
the Resolution, the Developer agrees to construct a connector trail concurrent with said Regional Trail
from the Regional Trial to OS-10 and shall include a pedestrian bridge crossing the drainage channel.
47. Condition No. 111 - (Accessibility). In satisfaction of condition No. III of the
Resolution, the Developer agrees to comply with the current Regulatory Negotiation Committee
Recommendations for Accessibility Guidelines: Outdoor Developed Areas Final Report, as may be
amended from time to time, developed for U.S. Architectural and Transportation Barriers Compliance
Board when designing all trails and trail connections.
48. Condition No. 112 - (CFD). In satisfaction of conditi on No. 112 of the Resolution, the
Developer agrees that in the event Developer wishes to request the formation of a Maintenance District
or similar funding mechanism, the Developer shall submit an application packet for formation of a
Community Facilities District (CFD), and submit the request for CFD formation to the City Council for
consideration. Developer acknowledges that the CFD shall be formed prior to approval of the first "B"
map for the Project and subject to the approval of the Director of Public Works. Developer agrees to
submit a list of amenities, acreage and costs for all Open Space District lots including but not limited to
the cost of any detention basin maintenance and structural storm water quality BMP's within the
Project. Developer agrees to maintain the open space improvements for a minimum period of one year
or until such time as accepted into the open space district by the Director of Public Works. Developer
acknowledges that if Council does not approve the CFD formation, another financing mechanism such
as a Master Homeowners Association, or an endowment shall be established and submitted to the City
Council for consideration prior to approval of the first map Along with submission of the application
package for formation of the CFD, Developer further agrees to submit an initial cash deposit in an
amount to be determined by the City EngIneer to begin the process of formation of the Open Space
District. Developer acknowledges that all costs of formation and other costs associated with the
processing of the open space relating to this Project shall be borne by the Developer and shall provide
all the necessary information and materials (e.g., tables, diagrams, etc.) required by the City Engineer
for processing the formation of the proposed open space district.
49. Condition No. 113 - (CCRs). In satisfaction of condition No. 113 of the Resolution,
Prior to the approval of the fIrst final "B" Map, the Developer agrees to:
a. Submit evidence, acceptable to the City Engineer and the Director of Planning
and Building of the formation of a Master Homeowner's Association (MHOA), or another fmancial
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64311
mechanism acceptable to the City Manager. The MHOA shall be responsible for the maintenance of
those landscaping improvements that are not to be included in the proposed financial mechanism. The
City Engineer and the Director of Planning and Building may require that some of those improvements
shall be maintained by the Open Space District. The fmal determination of which improvements are to
be included in the Open Space District and those to be maintained by the lvlHOA shall be made during
the Open Space District Proceedings. The MHOA shall be structured to allow annexation of future
tentative map areas in the event the City Engineer and Director of Planning and Building requires such
annexation of future tentative map areas. The MHOA formation documents shall be subject to the
approval of the City Attorney; and,
b. Submit for City's approval the CC&Rs, grant of easements and maintenance
standards and responsibility of the MHOAs for the open space areas within the Project area Developer
agrees to establish a MHOA that will indemnify, defend and hold the City and its officers and
employees harmless from any actions of the MHOA in the maintenance of such areas; and,
c. Submit and obtain approval of the City Engineer and the Director of Planning
and Building of a list of all Otay Ranch Village Seven SPA and MHOA facilities and other items to be
maintained by the proposed district. Separate lists shall be submitted for the improvements and
facilities to be maintained by the Open Space District and those to be maintained by a Master
Homeowner's Association. Include a description, quantity and cost per year for the perpetual
maintenance of said improvements. These lists shall include but are not limited to the following
facilities and improvements:
i. All facilities located on open space lots to include but not be limited to:
walls, fences, water fountains, lighting structures, paths, trails, access roads,
drainage structures and landscaping. Each open space lot shall also be broken
down by the number of acres of: I) turf, 2) irrigated, and 3) non-irrigated open
space to aid in the estimation of a maintenance budget thereof.
ii. The proportional share of medians and parkways along Rock Mountain
Road, Magdalena Avenue and Birch Road (onsite and offsite) and all other
street parkways proposed for maintenance by the applicable Community
Facilities District or Homeowners' Association.
Ill. The proportional share of the detention basin located in the Poggi
Canyon Basin and the Wolf Canyon Extended Detention Basins and Water
Quality Treatment Forebay in accordance with the "Maintenance Plan for Wolf
Canyon dated, July 15, 2004.
50. Condition No. 115 - (CCRs). In satisfaction of condition No. 115 of the Resolution,
the Developer agrees that prior to the approval of each Final "B" Map, Declaration or Supplementary
Declaration of Covenants, Conditions, and Restrictions (CC&R's) shall be submitted and subject to the
approval of the City Engineer. Developers further agrees that the CC&R's shall include the following
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obligations of the Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
1. All open space lots that shall remain private,
11. Other Master Association property.
b. Before any revisions to provisions of the CC&R's that may particularly affect
the City can become effective, said revisions shall be approved by the City. The MHOA shall not
seek approval from the City of said revisions without the prior consent of 100 percent of the holders
of first mortgages or property owners within the MHOA.
c. The MHOA shall defend, indemnifY and hold harmless the City and its agents,
officers and employee from any claims, demands, causes of action liability or loss related to or
arising from the maintenance activities of the MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100 percent of the holders of
first mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive
general liability insurance written on a per occurrence basis in an amount not less than one million
dollars combined single limit. The policy shall be acceptable to the City and name the City as
additionally insured to the satisfaction of the City Attorney.
f The CC&R's shall incorporate restrictions for each lot adjoining open space
lots containing walls maintained by the open space district to ensure that the property owners know
that the walls may not be modified or supplemented nor may they encroach on City property.
g. The CC&R' s shall include provisions assuring maintenance of all streets,
driveways, drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an
advance notice such as the USA Dig Alert Service in perpetuity.
i. The CC&R's shall include provisions that provide the City has the right but
not the obligation to enforce the CC&R provisions the same as any owner in the Project.
j. The CC&R provisions setting forth restrictions in these Tentative map
conditions may not be revised at any time without prior written permission of the City.
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k. The MHOA shall not dedicate or convey for public streets, land used for
private streets without approval of 100% of all the HOA members or holder offirst mortgages within
theMHOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's
shall also include language which states that any proposal by the HOA to allow "speed bumps" in the
future shall require prior written approval of 100% of all the Homeowners Association members.
51. Condition No. 121- (protest Formation). In satisfaction of condition No. 121 of the
Resolution, the Developer agrees to not protest formation or inclusion in a maintenance district or zone
for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the
subject subdivision.
52. Condition No. 122 - (parkways). In satisfaction of condition No. 122 of the
Resolution, the Developer acknowledges that street parkways within the Project shall be maintained by
an entity such as a Master Home Owner's Association (MHOA) or a Community Facilities District
(CFD) and that private homeowners shall not rriaintain the parkways. Developer agrees that street
parkways shall be designated as recycled water use areas, if approved by the Otay Water District and
San Diego County Department of Environmental Health.
53. Condition No. 123 - (Landscape and Irrigation). In satisfaction of condition No. 13 5
ofthe Resolution, the Developer agrees to place a cash deposit, or other funding mechanism acceptable
to the City, in the City's sole discretion, with the City which will guarantee the maintenance of the L&I
improvements until the City accepts said improvements. Developer acknowledges that in the event the
improvements are not maintained to City standards as determined by the City Engineer and the Director
General Services, the deposit shall be used to perform the maintenance and the amount of the deposit
shall be equivalent to the estimated cost of maintaining the open space lots to City standards for a
period of six months, ("Minimum Deposit Amount"), as determined by the City Engineer. Developers
agrees that any unused portion of said deposit may be incorporated into the CFD's Reserve Account, or
returned to the Developer, according to the following:
a. If, 6 months prior to the scheduled date of acceptance of Landscape and
Irrigation improvements for maintenance by the CFD, the Reserve Account is less than the Minimum
Deposit Amount, the difference between these two amounts shall be incorporated into the Reserve
Account, or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused
portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six
months of the maintenance period if the maintenance is being accomplished to the satisfaction of the
Director of General Services
54. Condition No. 124 - (Open Space). In satisfaction of condition No. 124 of the
Resolution, the Developer agrees that prior to City acceptance of any open space lots, the Developer
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shall demonstrate to the satisfaction of the City Engineer, that the assessmentslbonded indebtedness for
all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the
parcel(s).
55. Condition No. 131 - (Sight Visibility). In satisfaction of condition No. 131 of the
Resolution, the Developer agrees to design landscape and irrigation plans such that street tree
placement is not in conflict with the visibility of any traffic signage. Developer further agrees that
Developers shall be responsible for the removal of any obstructions of said traffic signs to the
satisfaction of the City Engineer .
56. Condition No. 132 - (private Easements). In satisfaction of condition No. 132 of the
Resolution, the Developer agrees to grant easements to subsequent owners pursuant to Section
18.20.150 of the Municipal Code On any final map that proposes private utilities or drainage facilities
crossing property lines as directed by the City Engineer.
57. Condition No. 135 - (Private Easements). In satisfaction of condition No. 135 of the
Resolution, the Developer agrees that where a private storm drain easement will parallel a public sewer
easement, the easements shall be delineated separately on the final map and On the grading and
improvement plans. Developer acknowledges that if any portion of the easements will overlap one
another, the City shall have a superior right to the common portion of the easements.
58. Condition No. 136 - (Subordination). In satisfaction of condition No. 136 of the
Resolution, the Developer agrees that prior to the approval of each fInal map for the Project, the City
Engineer may require either the removal or the subordination of any easement, which may
unreasonably interfere with the full and complete exercise of any required public easement or right-of-
way.
59. Condition No. 145 -(Supplemental Agreement). In satisfaction of condition No. 145
of the Resolution, the Developer agrees to the following:
a.
following occur:
That the City may withhold building permits for the Project if anYOne of the
i. Regional development threshold limits set by a Chula Vista
transportation phasing plan, as amended from time to time, have been
reached or in order to have the Project comply with the Growth Management
Program, as may be amended from time to time.
ii. . Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to comply with the
then effective Growth Management Ordinance, and Growth Management
Program and any amendments thereto. Public utilities shall include, but not
be limited to, air quality, drainage, sewer and water.
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ill. The required public facilities, as identified in the PFFP or as amended
or otherwise conditioned have not been completed or constructed to the
satisfaction of the City. The developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP'may be amended as approved by the City's
Director of Planning and Building and the Public Works Director. The
Developer agrees that the City may withhold building permits for any of the
phases of development identified in the Public Facilities Financing Plan
(PFFP) for Otay Ranch Village Seven SPA if the required public facilities, as
identified in the PFFP or as amended by the Annual Monitoring Program
have not been completed.
b. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including approval by its
Planning Commission, City Councilor any approval by its agents, officers, or employees with regard
to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the Developer of any claim, action or proceeding and on the further condition that the City
fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for each lot or unit within the
Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of,
and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit
within the properties situated within the final map only to those cable television companies
franchised by the City of Chula Vista, the condition of such grant being that:
i. Such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule and does
not require the trenches to be reopened to accommodate the placement of
such conduits; and
ii. Any such cable company is and remains in compliance with, and
promises to remain in compliance with the terms and conditions of the
franchise and with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television compariies as same
may have been, or may from time to time be, issued by the City of Chula
Vista.
Developer hereby conveys to the City ofChula Vista the authority to enforce said covenant by such
remedies as the City determines appropriate, including revocation of said grant upon determination
by the City of Chula Vista that they have violated the conditions of grant.
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d. That the City may withhold the issuance of building pennits for the
Project, should the Developer be detennined by the City to be in breach of any of the terms of the
Tentative Map Conditions, this Agreement or any Supplemental Agreement. The City shall provide
the Developer of notice of such determination and allow the Developer reasonable time to cure said
breach
e. Defend., indemnify and hold the City, its officers and it employees harmless
from any liability for erosion, siltation or increase flow of drainage resulting from this project.
60. Condition No. 146 - (Congestion Management Plan). In satisfaction of condition
No. 146 of the Resolution, the Developer agrees to'enter into an supplemental agreement with the
City prior to approval of the first final "B" Map, where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG to comply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or
facilities benefit district to finance the construction of regional facilities.
61. Condition No. 147 - (previous Agreements). In satisfaction of condition No. 147 of
the Resolution, the Developer agrees that prior to approval of each Final Map, the Developer shall
comply with all previous agreements as they pertain to this fmal map.
62. Condition No. 148 - (Street Sweeping). In satisfaction of condition No. 148 of the
Resolution, the Developer agrees that prior to approval of each fmal map for the Project, the
Developer shall contract with the City's current street sweeping franchisee, or other server approved
by the Director of Public Works to provide street sweeping for each phase of development on a
frequency and level of service comparable to that provided for similar areas of the City. Developer
further agrees to cause street sweeping to commence immediately after the final residence, in each
phase, is occupied and shall continue sweeping until such time that the City has accepted the street or
60 days after the completion of all punch list items, whichever is shorter. Developer agrees to
provide the City Special Operations Manager with a copy of the memo requesting street sweeping
service, which memo shall include a map of areas to be swept and the date the sweeping will begin.
63. Condition No. 149 - (Regional Fee Program). In satisfaction of condition
No. 149 of the Resolution, the Developer agrees to equitably participate in any future regional impact
. fee program for regional facilities should the region enact such a fee program to assist in the
construction of such facilities. Developer further agrees to not protest the formation of any potential
future regional benefit assessment district formed to finance regional facilities.
64. Condition No. 151- (Mello Roos District). In satisfaction of condition
No. 151 of the Resolution, the Developer agrees that no fmal "B" Maps may be recorded within
22
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Village Seven SPA area until such time that an annexable Mello Roos District, or some other
financing mechanism approved by the school district, to provide for the construction of needed
elementary, middle and high schools is established.
65. Condition No. 153 - (Utilities). In satisfaction of condition No. 153 oftbe
Resolution, the Developer agrees to construct and secure open space landscape improvements within
the map area. Developer acknowledges that all landscape improvements shall be secured in amounts
as determined by the Director of General Services and approved in form by the City Attorney.
66. Condition No. 155 - (Schools). In satisfaction of condition No. 155 ofthe
Resolution, the Developer agrees to deliver to the Chula Vista Elementary School District, Lot S-3 to
the satisfaction of the School District including utilities provided to the site and an all weather access
road acceptable to the District. Developer agrees that the all-weather access road shall also be
acceptable to the Fire Department and that this schedule is subject to modification by the School
District as based on District facility needs.
67. Condition No. 156 - (Schools). In satisfaction of condition No. 156 of the
Resolution, the Developer agrees to coordinate with the High School District the delivery of the High
School Site S-l as shown on the Tentative Map.
68. Condition No. 157 - (AQIP). In satisfaction of condition No. 157 of the
Resolution, the Developer agrees to implement the final Air Quality Improvement Plan (AQIP)
measures as approved by the City Council, and as may be amended from time to time, and to comply
and remain in compliance with the AQIP.
69. Condition No. 158 - (AQIP). In satisfaction of condition No. 158 ofthe
Resolution, the Developer acknowledges that the City Council may, from time-to-time, modify air
quality improvement and energy conservation measures as technologies and/or programs change or
become available. Developer agrees to modify the AQlP to incorporate those new measures upon
request of the City, which are in effect at the time, prior to or concurrent with each map approval
within the Project. Developer acknowledges that the new measures shall apply to development
within all future map areas, but shall not be retroactive to those areas, which receive final map
approval prior to effect of the subject new measures. Developer acknowledges and agrees that the
City has adopted the City of Chula Vista Air Quality Improvement Plan Guidelines (AQlP
Guidelines) as approved per Resolution No. 2003-260 and that such guidelines as approved and as
may be amended from time-to-time shall be implemented.
70. Condition No. 159 - (WCP). In satisfaction of condition No. 159 of the
Resolution, the Developer agrees to implement the [mal Water Conservation Plan (WCP) measures
as approved by the City Council, and as may be amended from time to time, and to comply and
remain in compliance with the WCP.
71.
Condition No. 160 - (WCP). In satisfaction of condition No. 160 of the
23
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644~
Resolution, Developer acknowledges that the City Council may, from time-to-time, modify water
conservation measures as technologies and/or prograrriS change or become available. Developer
shall modify the WCP to incorporate those new measures upon request of the City, which are in
effect at the time, prior to or concurrent with each map approval within the Project. Developer
acknowledges that the new measures shall apply to development within all future map areas, but
shall not be retroactive to those areas, which receive final map approval prior to effect of the subject
new measures. The Developer acknowledges and agrees that the City has adopted the City of Chula
Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per ResolutionNo. 2003-
234 and that such guidelines as approved and as may be amended from time-to-time shall be
implemented
72. Condition No. 161-(Utilities). In satisfaction of condition No. 161 of the
Resolution, the Developer agrees to install all public facilities in accordance with the Village Seven
Public Facilities Finance Plan (PFFP), or as required to meet the Growth Management Threshold
standards adopted by the City and that the City Engineer may modify the sequence of improvement
construction should conditions change to warrant such a revision. The Developer further agrees to
comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth Management Ordinance) as
may be amended from time to time by the City. Developer acknowledges that said Chapter includes
but is not limited to Threshold Standards (l9.09.040) Public Facilities Plan Implementation
{I 9.09.090) and Threshold Compliance Procedures (19.09.100).
73. Condition No. 166 - (GMOC). In satisfaction of condition No. 166 of the
Resolution, the Developer agrees that pursuant to the provisions of the Growth Management
Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP), and
as they may be amended from time to time, the Developer shall complete the following: (1) Fund a
fair share of the preparation of an annual report monitoring the development of the community of
Otay Ranch. The annual monitoring report will analyze the supply of, and demand for, public
facilities and services governed by the threshold standards. An annual review shall commence
following the first fiscal year in which residential occupancy occurs and is to be completed during
the second quarter of the following fiscal year. The annual report shall adhere to those guidelines
noted on page 353, Section D of the GDP/SRP; and (2) Prepare a five year development phasing
forecast identifying targeted submittal dates for future discretionary applications (SPA's and
tentative maps), projected construction dates, corresponding public facility needs per the adopted
threshold standards, and identifying fmancing options for necessary facilities.
74. Condition No. 167 - (Project Manger). In satisfaction of condition No.
167 of the Resolution, the Developer agrees to retain a project manager to coordinate the processing
of discretionary permit applications originating from the private sector and submitted to the City of
Chula Vista. Developer acknowledges that the project manager shall establish a formal submittal
package required of each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. Developer further agrees that project
manager shall have a well-rounded educational background and experience, including but not limited
to land use planning and architecture.
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75. Condition No. 168 - (Permits). In satisfaction of condition No. 168 of the
Resolution, the Developer agrees that if Developer desires to do certain work on the property after
approval of the tentative map but prior to recordation of the applicable final "B" Map, they may do
so by obtaining the required approvals and permits from the City. Developer acknowledges that the
permits can be approved or denied by the City in accordance with the City's Municipal Code,
regulations and policies and said permits do not constitute a guarantee that subsequent submittals
(i.e., final "B" Map and improvement plans) will be approved. Developer acknowledges that all
work performed by the Developer prior to approval of the applicable "B" Map shall be at the
developers own risk and that prior to permit issuance, the Developer shall acknowledge in writing
that subsequent submittals (i.e., final "B" Map and improvement plans) may require extensive
changes, at developers cost, to work done under such early permit. Developer agrees to post a bond
or other security acceptable to the City in an amount determined by the City to guarantee the
rehabilitation of the land if the applicable final "B" Map does not record.
76. Condition No. 169 - (phasing). In satisfaction of condition No. 169 of the
Resolution, the Developer acknowledges that phasing approved with the SPA Plan may be amended
subject to approval by the Director of Planning and Building and the City Engineer and that the PFFP
shall be revised where necessary to reflect the revised phasing plan.
77. Condition No. 170 - (Phasing). In satisfaction of condition No. 170 ofllie
Resolution, the Developer agrees that if phasing is proposed within an individual map or through
multiple final maps, to shall submit and 0 btain approval for a development phasing plan by the City
Engineer and Director of Planning and Building prior to approval of any final map. Developer
agrees that the improvements, facilities and dedications to be provided with each phase or unit of
development shall be as determined by the City Engineer and Director of Planning and Building.
The City reserves the right to require said improvements, facilities and/or dedications as necessary to
provide adequate circulation and to meet the requirements of police and fire departments. The City
Engineer and Director of Planning and Building may, at their discretion, modify the sequence of
improvement construction should conditions change to warrant such a revision. Developer further
agrees that the City Engineer may change the timing of construction of the public facilities.
78. Condition No. 171- (PFFP). In satisfaction of condition No. 171 of the
Resolution, the Developer agrees that the Public Facility Finance Plan or revisions thereto shall be
adhered to for the SPA and tentative maps with improvements installed by Applicant in accordance
with said plan or as required to meet threshold standards adopted by the City of Chula Vista. The
PFFP identifies a facility phasing plan based upon a set of assumptions concerning the location and
rate of development within and outside of the Project area. Throughout the build-out of Village
Seven SPA, actual development may differ from the assumptions contained in the PFFP. Neitherthe
PFFP nor any other Village Seven SP A Plan document grant the Applicant an entitlement to develop
as assumed in the PFFP, or limit the Village Seven SPA's facility improvement requirements to
those identified in the PFFP. Compliance with the City of Chula Vista threshold standards, based on
actual development patterns and updated forecasts in reliance on changing entitlements and market
25
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644G
conditions, shall govern Village Seven SPA development patterns and the facility improvement
requirements to serve such development. In addition, the sequence in which improvements are
constructed shall correspond to any transportation phasing plan or amendment to the Growth
Management Program and Ordinance adopted by the City. The City Engineer and Director of
Planning and Building may, at their discretion, modify the sequence, schedule, alignment and design
of improvement construction should conditions change to warrant such a revision.
79. Condition No. 173 - (Municipal Code). In satisfaction of condition No.
173 of the Resolution, the Developer agrees to comply with all applicable sections of the Chula Vista
Municipal Code and that preparation of the Final Map and all plans shall be in accordance with the
provisions of the Subdivision Map Act and the City of Chula Vista Subdivision Ordinance and
Subdivision Manual. Developer further agrees to underground all utilities within the subdivision in
accordance with Municipal Code requirements.
80. Condition No. 174 - (Fees). In satisfaction of condition No. 174 of the
Resolution, the Developer agrees to pay the following fees, as applicable, in accordance with the City
Code and Council Policy:
a. The Transportation and Public Facilities Development Impact Fees.
a. Signal Participation Fees.
b. All applicable sewer fees, including but not limited to sewer connection fees.
c. Poggi Canyon Sewer DIF
d. Salt Creek Sewer Basin DlF.
Developer agrees to pay the amount of said fees in effect at the time of issuance of building permits.
81. Condition No. 175 - (Compliance). In satisfaction of condition No. 175 of the
Resolution, the Developer agrees to comply with all relevant Federal, State, and Local regulations,
including the Clean Water Act. The Developer acknowledges and agrees that Developer will be
responsible for providing all required testing and documentation to demonstrate said compliance as
required by the City Engineer.
82. Condition No. 176-(Notice of Special Taxes). In satisfaction of condition No. 1760f
the Resolution, the Developer agrees to ensure that prospective purchasers sign a "Notice of Special
Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and
assessments.
83. Condition No. 177 - (Compliance). In satisfaction of condition No. 177 of the
Resolution, the Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code
26
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6447
(Growth Management) as may be amended from time to time by the City. Said chapter includes butis
not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities fInance plan amendment procedures (19.09.100).
84. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction of Developer's obligation of Conditions: 1,2,3,4,5,7,8,9, 10, II, 12, 14, 16,
18,21,22,23,27,28,32,42,45,46,50,51,54,57,60,62,65,69, 70,83,87,88,89,91,93,95,96,
97,98,101,102,104,106,111,112,113, lIS, 121, 122, 123, 124, 131,132,135,136,145,146,147,
148,149, ISO, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161, 166, 167, 168,169,170,171,
173,174,175,176, and 177 of the Resolution. Developer further understands and agrees that some of
the provisions herein may be required to be performed or accomplished prior to the approval of other
[mal maps for the Project, as may be appropriate.
85. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfrlled conditions of approval of the Tentative Subdivision Map,
established by the Resolution and shall remain in compliance with and implement the terms,
conditions and provisions therein.
86. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
87. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits and all other permits for the entire Village Seven SPA project area,
should the Develop~r be determined by the City to be in breach of any of the terms of this
Agreement. The City shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure said breach. Developer further acknowledges and agrees that the
City may withhold building permits within the Final Map as defIned herein if the required public
facilities for the Otay Ranch Village 7 SPA Plan, as defIned in the PFFP or as amended by the
Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to the
satisfaction of the City.
88. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either party
shall be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested, fIrst-
class postage prepaid, addressed to the address indicated in this Agreement. A party may change
such address for the purpose of this paragraph by giving written notice of such change to the other
party.
CITYOFCHULA VISTA
27
10-45
6448
276 Fourth Avenue
Chula Vista, CA. 91910
Attn: Director of Public Works
McMillin Otay Ranch LLC
2727 Hoover Avenue
National City, CA 91950
Attn: Frank Zaidle
Fax (619) 336-3112
A party may change such address for the purpose of this paragraph by giving written notice of such
change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not deftne, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not intended to
supersede or amend any other agreement between the parties unless expressly noted. Amendments to
this Agreement must be in writing and approved by the parties authorized representatively
d. Preparation of Agreement. No inference, assumption or presumption shall be
drawn from the fact that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or drafting this
Agreement.
e. Assignablity. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City Manager
in hislher sole discretion determines that such an assignment will not adversely affect the City's
interest. The City Manager in hislher sole discretion may, if such assignment is requested, permit a
substitution of securities by the successor in interest in place and stead of the original securities
described herein so long as such substituted securities meet the criteria for security as set forth
elsewhere in this agreement. Such assignment will be in a form approved by the City Attorney.
f. Recitals; Exhibits. Any recitals set forth above and exhibits attached hereto ate
incorporated by reference into this Agreement.
g. Attorney's Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled to a
28
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644~
judgment against the other for an amount equal to reasonable attorney's fees and court costs incurred.
The "prevailing party" shall be deemed to be the party who is awarded substantially the relief
sought.
INEXT PAGE IS PAGE ONE OF SIGNATURE PAGESj
29
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6450
[pAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE MCMILLIN OTAY RANCH VILLAGE
SEVEN "A" MAP]
~
. Stephen . Padilla,
Mayor of the City ofChula Vista
Attest:
::.- ~J J A .~,,~
Susan Bigelow
City Clerk
Approved as to Form:
DATED:
~
,2005
[NEXT PAGE IS PAGE TWO OF SIGNA TURE PAGES]
30
10-48
6451.
[[PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE MCMILLIN OTAY RANCH VILLAGE
SEVEN"A"MAPj
DEVELOPERS/OWNERS:
McMillin Otay Ranch LLC,
A Delaware limited liability company
By: !'v1cMillin Companies LLC
Its: Managing Member
By:
t:/f/~
~~3.Jb
By:
Title: \f. .f.
(ATTACH NOTARY ACKNOWLEDGMENTS)
31
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645~
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On February 24, 2005 ,before me, Ann M. Futo. Notary Public personally appeared
Frank Zaidle and Todd Galarneau, personally known to me to be the persons whose names are
subscribed to the within instrument and acknowledged to me that they executed the same in
their authorized capacities, and that by their signatures on the instrument the persons or the
entity upon behalf of which the persons acted, executed the instrument.
WITNESS my hand and official seal.
Signature ~ YY( oldu
l:; - - - - - - - - - - -
'~ ~.~ 1
j ;- ~ - - NOfarvPt.tllic: -Calllotnia f
J, ,- Sanlltego COunly -
- : _ ~:~~&~~2:~
Thisareaforol'fidalnotal1alse-al
Title of Document Supplemental Subdivisipn Improvement Aqreemenl for the McMillin Olav Ranch Villaqe
Seven "A" Mac
Date of Document
Other signatures not acknowledged
No. of Pages
NotaryForm-2
McMillin Compaoles
10-50
645J
List of Exhibits
Exhibit A
Exhibit B
Legal Description of Property
Security
/0'" 5'/
J-14531
6454
EXHIBIT "A"
MCMILLIN OTAY RANCH VILLAGE 7
THAT PORTION OF LOT 10 OF MCMILLIN OTAY RANCH VILLAGE 6, "A" MAP
ACCORDING TO THE MAP THEREOF NO. 14432 AND THAT PORTION OF LOT 23 OF
MAP NO. 862, ALL IN THE CITY OF CHULA VISTA, ON FILE IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY, STATE OF CAUFORNIA, DESCRIBED AS
FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF LOT 10 BEING A POINT ON THE
SOUTHEASTERLY RIGHT-OF-WAY LINE OF BIRCH ROAD AS SHOWN ON MAP NO.
14432 AND THE BEGINNING OF A NON-TANGENT 3564.00 FOOT RADIUS CURVE
CONCAVE NORTHWESTERLY, TO WHICH A RADIAL LINE BEARS SOUTH 08058'37"
EAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE AND SAID RIGHT-
OF-WAY LINE THROUGH A CENTRAL ANGLE OF 23022'08" A DISTANCE OF 1453.62
FEET; THENCE NORTH 57039'16" EAST 262.20 FEET TO THE BEGINNING OF A
TANGENT 3636.00 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
03059'05" A DISTANCE OF 252.87 FEET; THENCE LEAVING SAID RIGHT-OF-WAY LINE
SOUTH 28012'18" EAST 14.93 FEET TO THE BEGINNING OF A NON-TANGENT 185.77
FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY, TO WHICH A RADIAL LINE BEARS
NORTH 28045'54" WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 10034'36" A DISTANCE OF 34.29 FEET TO THE
BEGINNING OF A NON-TANGENT 3568.47 FOOT RADIUS CURVE CONCAVE
SOUTHEASTERLY TO WHICH A RADIAL LINE BEARS NORTH 18006'41" WEsr; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGEL OF
00037'27" A DISTANCE OF 38.87 FEET TO THE BEGINNING OF A REVERSE 276.25
FOOT RADIUS CURVE CONCAVE NORTHWESTERLY; THENCE NORTHEASTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 08058'29" A DISTANCE OF
43.27 FEET TO THE BEGINNING OF A NON-TANGENT 3608.00 FOOT RADIUS CURVE
CONCAVE SOUTHEASTERLY TO WHICH A RADIAL LINE BEARS NORTH 26031'38"
WEST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 02038'03" A DISTANCE OF 165.88 FEET; THENCE SOUTH
22033'58" EAST 84.59 FEET; THENCE SOUTH 21046'46" EAST 75.25 FEET; THENCE
SOUTH 51048'56" EAST 22.35 FEET; THENCE SOUTH 19043'21" EAST 59.06 FEET;
THENCE SOUTH 64040'06" EAST 25.33 FEET; THENCE SOUTH 17045'13" EAST 99.75
FEET; THENCE SOUTH 16001'32" EAST 56.27 FEET; THENCE SOUTH 14046'32" EAST
63.84 FEET; THENCE SOUTH 13016'11" EAST 70.88 FEET; THENCE SOUTH 11050'46"
EAST 72.88 FEET; THENCE SOUTH 34011'12" WEsr 24.94 FEET; THENCE SOUTH
11 011 '32" EAST 47.97 FEET; THENCE SOUTH 20017'56" EAST 60.60 FEET; THENCE
Page 1 of 2
10-52
645S
SOUTH 12018'16" EAST 107.25 FEET; THENCE SOUTH 07057'30" EAST 13.03 FEET;
THENCE SOUTH 07053'35" EAST 226.23 FEET; THENCE SOUTH 02006'56" EAST 32.66
FEET; THENCE SOUTH 08001'46 EAST 26.70 FEET; THENCE SOUTH 07030'53" EAST
297.13 FEET; THENCE SOUTH 08005'59" EAST 82.78 FEET; THENCE SOUTH 04016'11"
EAST 38.99 FEET; THENCE SOUTH 09011'43" EAST 6.11 FEET; THENCE SOUTH
09031 '51" EAST 84.45 FEET; THENCE SOUTH 10027'35" EAST 100.51 FEET; THENCE
SOUTH 11034'29" EAST 83.87 FEET; THENCE SOUTH 12007'43" EAST 39.60 FEET;
THENCE SOUTH 13000'09" EAST 117.47 FEET; THENCE SOUTH 13053'19" EAST 45.83
FEET; THENCE SOUTH 14018'32" EAST 31.77 FEET; THENCE SOUTH 15008'18" EAST
127.52 FEET; THENCE SOUTH 16009'45" EAST 65.58 FEET; THENCE SOUTH 16050'41"
EAST 58.31 FEET; THENCE SOUTH 17033'16" EAST 76.92 FEET; THENCE SOUTH
17058'00" EAST 562.29 FEET; THENCE SOUTH 12040'30" EAST 94.11 FEET TO THE
BEGINNING OF A NON-TANGENT 532.84 FOOT RADIUS CURVE CONCAVE WESTERLY,
TO WHICH A RADIAL UNE BEARS NORTH 81010'20" EAST; THENCE SOUTHERLY
ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 19045"51" A
DISTANCE OF 183.80 FEET; THENCE SOUTH 08055'04" WEST 337.09 FEET; THENCE
SOUTH 10008'45 WEST 63.22 FEET; THENCE NORTH 71057'56" EAST 0.17 FEET;
THENCE SOUTH 10014'05" WEST 389.71 FEET TO THE BEGINNING OF A TANGENT
590.55 FOOT RADIUS CURVE CONCAVE EASTERLY; THENCE SOUTHERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 32019'04" A DISTANCE OF
333.10 FEET; THENCE SOUTH 68006'31" WEST 26.62 FEET; THENCE SOUTH 20005'27"
EAST 175.23 FEET TO THE BEGINNING OF A NON-TANGENT 6500.00 FOOT RADIUS
CURVE CONCAVE SOUTHEASTERLY, TO WHICH A RADIAL UNE BEARS NORTH
25005'44" WEST; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 02043'27" A DISTANCE OF 309.05 FEET; THENCE
SOUTH 62010'49" WEST 1153.82 FEET; THENCE NORTH 18039'52" WEST 1082.96
FEET TO THE SOUTHWESTERLY CORNER OF SAID LOT 10; THENCE NORTH 18039'52"
WEST 883.26 FEET; THENCE NORTH 00022'53" EAST 500.83 FEET; THENCE NORTH
89037'07" WEST 172.92 FEET; THENCE NORTH 18039'52" WEST 1961.82 FEET TO THE
POINT OF BEGINNING.
CONTAINING 194.239 ACRES MORE OR LESS.
J8I14531.013
~.-d.NNS
..-JAMES M. CORAM L.S. 5059
1/ .
Page 2 of 2
10-53
6456
McMillin EXHIBIT".\ 600 300 0
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10-54
645',
EXHIBIT "B"
SECURITY
CHULA VISTA TRACT NO. 05-07
MCMILLIN OTA Y RANCH VILLAGE SEVEN "A" MAP
Noise Barriers for Neighborhoods
R-6 and R-7
$162,630.00
21651 59
Landscape and lnigation for
McMillin Otay Ranch Village
Seven
$1,201,880.19
2165160
2165163
2165167
2165165
10-55
ATTACHMENT 4
City Clerk
)
)
)
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)
)
)
)
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)
Above Space for Recorder's Use
OR-454F
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is
a conveyance to a public agency
of less than a fee interest for
which no cash consideration has
been paid or received.
FIRST AMENDED
MCMILLIN OTA Y RANCH VILLAGE SEVEN "A" MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Amends Conditions 9)
This First Amendment to the Supplemental Subdivision Improvement Agreement for
McMillin Otay Ranch Village Seven "A" Map ("Agreement") is made this day of_,
2006, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for
recording purposes only) and McMillin Otay Ranch, LLC a Delaware Limited Liability
Company, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals
constitute a part ofthis Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 05-
07, which project is commonly known as McMillin Otay Ranch Village Seven. For purposes of
this Agreement the term "Proj ect" shall also mean "Property".
B. Developer has applied for and the City has approved Tentative Subdivision Map
commonly referred to as Chula Vista Tract 05-07 ("Tentative Subdivision Map") for the
subdivision of the Property.
10-56
C. The City has adopted Resolution No. 2004-331 ("Resolution") pursuant to which
it has approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
D. The Developer has entered into a Supplemental Subdivision Improvement
Agreement for McMillin Otay Ranch Village Seven "A" Map ("Original Agreement")
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as follows:
SECTION I. That Paragraph Section 10, (Condition No.9) of the Original Agreement is hereby
amended, in its entirety, to read as follows:
Condition No.9 - (General Preliminary). In partial satisfaction of Condition No.9 of
the Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to
FEIR 04-06 and approved traffic report prepared by Linscott, Law & Greenspan ("LLG") dated
August 15, 2006, no more than 1000 building permits may be issued by the City within Otay
Ranch Village Seven prior to the construction of SR 125 between SR 54 and the International
Border. Notwithstanding the foregoing, the City may issue additional building permits if the City
Council, in its sole discretion, determines that each of the following conditions have been met:
(1) SR-125 is constructed and open betweenSR-54 and Olympic Parkway; and (2) traffic studies,
prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the
opening of SR-125 to Olympic Parkway provides additional capacity to mitigate the project's
cumulatively significant traffic impacts to a level below significance without exceeding GMOC
traffic threshold standards. Alternatively, the City may issue building permits if the City
Council, in its sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
SECTION II. Except as expressly provided herein all other provisions of the Original
Agreement shall remain in full force and effect.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
2
10-57
[PAGE ONE OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
MCMILLIN OTAY RANCH VILLAGE SEVEN "A" MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City ofChula Vista
Attest:
Susan Bigelow
City Clerk
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
3
10-58
[PAGE TWO OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
MCMILLIN OT A Y RANCH VILLAGE SEVEN "A" MAP]
DEVELOPERS/OWNERS:
McMillin Otay Ranch, LLC
a Delaware Limited Liability Company
By: McMillin Companies LLC
Its Managing Member
By:
Title:
By:
Title:
(ATTACH NOTARY ACKNOWLEDGEMENTS)
4
10-59
Exhibit "A"
Legal Description of Property
Lots I through 13 together with lots A through C of Chula Vista Tract No. 05-07, McMillin Otay
Ranch Village 7 "A" Map according to Map thereof No. 15014 filed in the Office of the County
Recorder of San Diego County, State of California on May 6th, 2005 as File No. 2005-0383257 of
Official Records.
J:\EngineerIAGENDAlAgreements\2006\Village 7-McMillin SSIA 1st Amendment_8-22-06.doc
10-60
City Clerk
15436
ATTACHMENT r; DOC # 2005-0835113
~ . . . "111111111 III 1IIIIIIIIIIIIIi 111111111111111 1111111/11 111111111111111111
r4
CsV
./
l.,f\
SEP 27. 2005
2:51 PM
~OAOING P"'QUESTED BY
{.OM.......""'...,-e.Altl...
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
_. . DFFIClil.L REOJRC'S
~N ~JIElj? C1~IjNr( RECORDER'S OFFICE
bF,EbOR, ..1 'oMITH. COUNTY RECORDER
FEE~' 17000 I
P..:..GES; 55
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
I rBIJI DIIIIIIIIIIIIIIIJI 1111 IIIIIJI BIll III/IIJI DIll 1111 1111 Ilf III
No transfer tax is due as this is a
conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
2005-0835113
~:f;::7 :I
Above Space for Recorder's Use
o~- 974 F
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
FOR THE OT A Y RANCH VILLAGE SEVEN "A" MAP
(Conditions: 1,2,3,4,5,7,8,9,10, 11, 12,14, 16, 18,20,21,22,23,
26,28,29,30,31,40,44,48,50,51,52,54,57,59,62,66,67,80,
84,85,89,92,93,96,98,99,103,104,105,106, 108,114, 115,116,
117,120,124,125,128,129,137,138,139,141,142,143,144,145,
146,147,148,149,150,151,152,156,157,158,159,160, 161, 163,
164, 165, 166, and 167 (Resolution No. 2004-332)
This, Supplemental Subdivision Improvement Agreement ("Agreement") is made this/ 3'day
oC 1.,,1:,2005, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for
re~ purposes only) and the signators ofthis Agreement, Otay Project, LP, a California Limited
Liability Company, (referred to as "Developer"), with reference to the facts set forth below, which
recitals constitute a part of this Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista, California,
more particularly described on Exhibit "A" attached hereto and incorporated herein ("Property").
The Property is part of Otay Ranch Village 7, a master planned development. For purposes of this
Agreement the term "project" shaH also mean "Property". Developer has applied for a fmal map for
the Property, more specifically known as Otay Ranch Village 7 "A" Map.
B. Developer and/or Developer's predecessor in interest has applied for and the City has
approved Tentative Subdivision Map commonly referred to as Chula Vista Tract 05-09 ("Tentative
1
10-61
Gf Ja.J - - 30 7
154S-'
Subdivision Map") for the subdivision of the Property.
D. The City has adopted Resolution No. 2004-332 ("Resolution") on October 12, 2004, pursuant
to which it has approved a Tentative Subdivision Map subject to certain conditions as more
particularly described in the Resolution.
E. City is willing, on the premises, security, terms and conditions herein contained to approve
the fmal map of the property known as Otay Ranch Village Seven "A" Map ("Final Map") as being
in substantial conformance with the Tentative Subdivision Map described in this Agreement.
Developer understands that subsequent final maps may be subject to the same security, terms and
conditions contained herein.
F. The following defined terms shall have the meaning set forth herein, unless otherwise
specifically indicated:
1. For the purposes of this Agreement, "Final Map" means the fmal map for Otay
Ranch Village Seven "A" Map.
2. "Owner or Developer" means the person, persons or entity having a legal or an
equitable interest in the property or parts thereof and includes Owner's succesSors-in-interest and
assignors of any property within the boundaries of the map. This includes Otay Project, LP and any
and all owners of rea I property within the boundaries of the Property, and all signatories to this
Agreement
3. "Guest Builder" means those entities obtaining any interest in the Property or a
portion of the Property, after the Final Map has been recorded.
4. "PFFP" means the Otay Ranch Village Seven SPA Plan Public Facilities
Finance Plan adopted by Resolution No. 2004-330 as may be amended from time to time.
5. "RMP 2" means the Otay Ranch Resource Management Plan, Phase 2,
approved by the City Council on June 4,1996, as maybe amended from time to time.
6. "Preserve/Owner Manager" is the entity or entities defined by the RMP 2 with
the duties and responsibilities described therein.
7. "Village Seven SPA" means the Village Seven Sectional Planning Area Plan
as adopted by the City Council on October 12, 2004 pursuant to Resolution No. 2004-330.
8. "Addendum" means the Addendum to the Final Second-Tier Environmentallmpact
Report 04-06 considered by City Council on March 8,2005.
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
2
10-62
15438
contained, the parties agree as set forth below.
1. Performance Obligation. Olay Project LP, signator to this Agreement, represents
to the City that it is acting as the master developer for this Project and expressly assumes
performance of the all obligations of this Agreement. Notwithstanding the foregoing, all parties to
this agreement acknowledge and agree that all such obligations remain a covenant running with the
land as set forth more particularly in paragraph 2 below. The City in its discretion will make a good
faith effort to execute on bonds securing the obligations contained herein to the extent necessary to
complete any unfulfilled obligations of the master developer.
2. Agreement Applicable to Subsequent Owners.
a. Agreement Binding Upon Successors. This Agreement shall be binding upon
and inure to the benefit of the successors, assigns and interests of the parties as to any or all of the
Property until released by the mutual consent of the parties.
b. Agreement Runs with the Land. The burden of the covenants contained in this
Agreement ("Burden") is for the benefit of the Property and the City, its successors and assigns and
any successor in interest thereto. City is deemed the beneficiary of such covenants for and in its own
right and for the purposes of protecting the interest of the community and other parties public or
private, in whose favor and for whose benefit of such covenants running with the land have been
provided without regard to whether City has been, remained or are owners of any particular land or
interest therein. If such COvenants are breached, the City shall have the right to exercise all rights
and remedies and to maintain any actions or suits at law or in equity or other proper proceedings to
enforce the curing of such breach to which it or any other beneficiaries of this Agreement and the
covenants may be entitled.
c. Developer Release on Guest Builder Assignments. If Developer assigns any
portion of the Project to a guest builder, Developer may request to be released from Developer's
obligations under this Agreement, that are expressly assumed by the guest builder. Developer must
obtain the written consent of the City to such release. Such assignment to the guest builder shall,
however, be subject to this Agreement and the Burden ofthis Agreement shall remain a covenant
running with the land. The City shall not withhold its consent to any such request for a release so
long as the assignee acknowledges that the Burden of the Agreement runs with the land, assumes the
obligations ofthe Developer under this Agreement, and demonstrates, to the satisfaction of the City,
its ability to perform its obligations under this Agreement as it relates to the portion of the Project
which is being acquired by the Assignee.
d. Partial Release of Developer's Assiguees. If Developer assigns any portion of
the Project subject to the Burden of this Agreement, upon request by the Developer or its assignee,
the City shall release the assignee of the Burden of this Agreement as to such assigned portion if
such portion has complied with the requirements of this Agreementto the satisfaction ofthe City and
such partial release will not, in the sole discretion of the City, jeopardize the likelihood that the
3
10-63
15439
remainder of the Burden will not be completed.
e. Release ofIndividual Lots. Upon the occurrence of any of the following events,
Developer shall, upon receipt of the prior written consent of the City Manager (or Manager's
designee), have the right to release any lot(s) from Developer's obligation under this Agreement
i. The execution of a purchase agreement for the sale of a residential lot to a
buyer of an individual housing unit;
11. The conveyance of a lot to a Homeowner's Association.
The City shall not withhold its consent to such release so long as the City finds in good faith that
such release will not j eopardize the City's assurance that the obligations set forth in this Agreement
will be performed. At the request of the Developer, the City Manager (or Manager's designee) shall
execute an instrument drafted by Developer in a recordable form acceptable to the City Manager (or
Manager's designee), which confirms the release of such lot or parcel from the encumbrance of this
Agreement.
Notwithstanding the foregoing, i) at the close of an individual homeowner's escrow, or ii)
conveyance to a homeowner's association of any lot or parcel encumbered by this Agreement, such
lot or parcel shall be automatically released from the encumbrance hereof.
3. Condition No.1 - (General Preliminary) In satisfaction of Condition No. I of the
Resolution, Developer hereby agrees that all ofthe terms, covenants and conditions contained within
the Resolution shall be binding upon and inure to the benefit of the heirs, successors, assigns and
representatives of the Developer as to any or all of the Property. Unless specifically provided
otherwise, nothing in this Agreement shall modify amend or waive the Resolution or any of the
terms, conditions or covenants therein.
4. Condition No.2 - (General Preliminary). In satisfaction of Condition No.2 of the
Resolution, Developer agrees to comply with all requirements and guidelines of the City of Chula
Vista General Plan; the City's Growth Management Ordinance; Chula Vista Landscape Manual;
Chula Vista Design Manual; Otay Ranch General Development Plan, Otay Ranch Resource
Management Plan, Phase 1 and Phase 2; Ranch Wide Affordable Housing Plan; Otay Ranch Overall
Design Plan; Village Seven Sectional Planning Area (SPA) and Tentative Maps (TMs), Final
Second-Tier Environmental Impact Report (Final EIR 04-06) and associated Mitigation Monitoring
and Reporting Program (MMRP) and its Addendum; Otay Ranch Village Seven Sectional Planning
Area (SPA) Plan and supporting documents including: Public Facilities Finance Plan (PFFP); Parks,
Recreation, Open Space and Trails Plan; SPA Affordable Housing Plan, Air Quality Improvement
Plan (AQIP), Water Conservation Plan (WCP); and the Non-Renewable Energy Conservation Plan
as amended from time to time, unless specifically modified by the appropriate department head, with
the approval of the City Manager. These plans may be subject to minor modifications by the
appropriate department head, with the approval of the City Manager, however, any material
4
10-64
1~440
modifications shall be subject to approval by the City Council.
5. Condition No.3 - (General Preliminary). In satisfaction of Condition No.3 of the
Resolution, Developer hereby agrees that if any of the teons, covenants or conditions contained
herein shall fail to occur or if they are, by their terms, to be implemented and maintained over time,
if any of such conditions fail to be so implemented and maintained according to their teons, the City
shall have the right to revoke or modifY all approvals herein granted including issuance of building
permits, deny, or further condition the subsequent approvals that are derived from the approvals
herein granted, institute and prosecute litigation to compel their compliance with the conditions or
seek damages for their violation. City shall notifY Developer 10 days prior to any of the above
actions being taken by the City and Developer shall be given the opportunity to remedy any
deficiencies identified by the City within 10 calendar days of the date of the notice.
6. Condition No.4 - (General Preliminary). In satisfaction of Condition No.4 of the
Resolution, Developer hereby agrees to defend, indemnify, protect, and hold the City harmless from
and against any and all claims, liabilities and costs, including attorney's fees, arising from challenges
to the Environmental Impact Report and subsequent environmental review for the Project and any or
all entitlements and approvals issued by the City in connection with the Project.
7. Condition No.5 (General Preliminary). In satisfaction of Condition No.5 of the
Resolution, the Developer agrees to comply with all applicable Village Seven SPA conditions of
approval, (PCM 04-05) as may be amended from time to time.
8. Condition No.7 (General Preliminary). In satisfaction of Condition No.7 of the
Resolution, the Developer agrees that any and all agreements that the Developer is required to enter
in hereunder shall be in a form approved by the City Attorney.
9. Condition No. 8- (General Preliminary). In partial satisfaction of Condition No.8
of the Resolution, the Developer agrees to provide funds to the Reserve Fund as required by the
Reserve Fund Program. Developer further agrees, pursuant to the provisions of the Growth
Management Ordinance and the Otay Ranch General Development Plan (GDP), to participate in the
funding of the preparation of an annual report monitoring the development of the community ofOlay
Ranch. The annual monitoring report will analyze the supply of, and demand for, public facilities and
services governed by the threshold standards. Developer further agrees that an annual review shall
commence following the first fiscal year in which residential occupancy occurs in the Project and is
to be completed during the second quarter of the following fiscal year. Developer further agrees that
the annual report shall adhere to those guidelines noted on page 353, Section D ofthe GDP/SRP.
10. Condition No.9 - (General Preliminary). In satisfaction of Condition No.9 of the
Resolution, the Developer acknowledges and agrees that, in accordance with Addendwn to FEIR 04-
06, no more than 400 building permits may be issued by the City within Village 7 prior to the
completion ofSRI25 to the International Border. Notwithstanding the foregoing, the City may issue
additional building permits if the City Council, in its sole discretion, determines that each of the
5
10-65
'15441
following conditions have been met: 1) SR125 is constructed and open between SR54 and Olympic
Parkway; and 2) traffic studies, prepared to the satisfaction of the City Engineer and the City
Council, demonstrate that the opening ofSR125 to Olympic Parkway provides additional capacity to
mitigate the project's cumulatively significant traffic impacts to a level below significance without
exceeding GMOC traffic threshold standards. Alternatively, the City may issue building permits if
the City Council, in it's sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
11. Condition No. 10 - (General Preliminary). In satisfaction of condition No. 10 of
the Resolution, the Developer agrees to comply with the terms of the Conveyance Agreement, as
may be amended from time to time, adopted by Resolution No. 18416 by the City Council on
October 22, 1996 ("Conveyance Agreement"), to the satisfaction of the Director of Planning and
Building.
12. Condition No. 11 - (Environmental). In satisfaction of condition No. 11 of the
Resolution, the Developer agrees shall implement, to the satisfaction oftbe Director of Planning and
Building and Environmental Review Coordinator, all environmental impact mitigation measures
identified in Final EIR 04-06 (SCH#2003111 050), the candidate CEQA Findings and MMRP for this
Project.
13. Condition No. 12 - (Compliance). In satisfaction of condition No. 12 of the
Resolution, the Developer agrees to comply with all applicable requirements of the California
Department ofFish and Game, the California State Water Resources Quality Control Board, the U.S.
Fish and Wildlife Service and the U.S. Army Corps of Engineers. Developer further agrees that
prior to any activity that may potentiaIly impact biological resources, such as clearing and grubbing, the
Developer shall comply with all applicable requirements prescribed in the Otay Ranch Village Seven
Second-Tier Environmental Impact Report (EIR 04-06)(SCH#2003111 050), and MMRP.
14. Condition No. 14 - (Preserve Conveyance). In satisfaction of condition No. 14 of
the Resolution, the Developer agrees that prior to the approval of each fmal "B" map for the Project,
the Developer shall comply with all requirements and policies of the Otay Ranch Resource
Management Plan (RMP) as approved by City Council on October 28, 1993, and Otay Ranch, Phase
2 Resource Management Plan (RMP2) and "Preserve Conveyance Schedule," as approved by City
Council on June 4, 1996, and as may be amended from time to time by the City
15. Condition No. 16 - (POM). In satisfaction of condition No. 16 of the Resolution,
the Developer agrees that simultaneously with conveyance ofland to the Preserve Owner/Manager
(POM) in fee title or by easement, the Developer shall cease all cattle grazing on the land to be
conveyed. In addition, the Developer agrees to ensure through the maintenance of existing fencing
or gating, if sufficient, or the construction of new fencing or gating, if deemed necessary by the City,
that cattle from adjacent areas cannot access the land being conveyed. Developer further agrees to
comply with the requirements of the RMP, Phase Two, Range Management Plan to the satisfaction
of the Director of Planning and Building.
6
10-66
15442
16. Condition No. 18 - (POM). In satisfaction of Condition No. 18, the Developer
agrees as follows:
a. The Developer is currently in compliance with the particular acreage conveyance
obligation of Otay Ranch Village 7 at a rate of 1.188 acres of conveyance per acre of area within the
Final Map as of the date of this Agreement. But such obligation may be subject to change in
accordance with paragraph c below. Any remaining amoWlt shall be credited towards any future
map obligations.
b. That such dedicated property shall be granted in fee title to the City and COWlty of
San Diego as joint tenants and subject to the approval of the Preserve OwnerlManager. Should the
Preserve OwnerlManager not approve this conveyance, Developer agrees to convey equivalent real
property that complies with this provision.
c. That Developer shall convey additional real property, if necessary, in order to
comply with the conveyance formula described in RMP 2, as may be amended by City. Developer
acknowledges that the amended RMP 2 may contain a conveyance formula greater than 1.188 acres
per developable acre.
d. That all land to be conveyed as described above shall be free and clear of
liens and encumbrances except for easements for existing public infrastructure and other easements
approved by the City or for planned public infrastructure as permitted in the RMP, Phase 2.
Developer further agrees to pay all taxes and assessments as they came due as to the land to be
conveyed until title has legally transferred to the City and County of San Diego.
e. Developer acknowledges that property within the boWldaries of the "AU Map
which will be the subject of future final maps may have conveyance obligations to fulfill for all
development areas, including applicable streets, open space lots, paseos, pedestrian parks and slope
areas shown on the "AU Map.
17. Condition No. 20 - (Acoustic Study). In satisfaction of condition No. 20,
Developer agrees that accordance with mitigation measure 4.4-1 of Final EIR 04-06 and associated
MMRP, an acoustical study confirming wall geometries and conformance with the City's noise
threshold for residential units along Birch Road and La Media Road shall be approved by the
Environmental Review Coordinator prior to grading permit. A noise banierplan shall be prepared in
conformance with the aforementioned study as well as the noise analysis contained in EIR 04-06 and
the associated MMRP. The noise banier plan shall be submitted for review and receive approval by
the Director of Planning and Building, Environmental Review Coordinator, Director of Public
Works and Director of General Services prior to issuance ofthe first grading permit for the Project.
This noise banier plan shall be incorporated into the wall and fence plan, a component of the
Landscape Master Plan. Should Developer request modification of the approved wall and fence
plans, Developer shall provide additional acoustical analysis if required by the Director of Planning
7
10-67
15443
and Building and Environmental Review Coordinator. Noise barriers shall be constructed within
dedicated open space lots and shall not be constructed on private property unless a MHOA is formed
to maintain sound barriers to the satisfaction of the Director of Public Works and the Environmental
Review Coordinator.
18. Condition Nos. 21 - (Noise Barriers). In partial satisfaction of condition No. 21
and satisfaction of condition No. 22 of the Resolution, the Developer agrees that unless required
noise barriers are constructed, no building permits shall be issued for those lots within the noise
contour of 65 CNEL or greater as described in the Acoustical Study required by mitigation measure
4.4.1 and the Acoustical Impact Analysis by Giroux & Associates, dated June 1, 2004 and the Noise
Technical Report for Otay Ranch Village Seven by RECON, dated February 23, 2004, unless earlier
modified by agreement with the City ofChula Vista, CTV or its successor in interest, and Developer.
Developer further agrees that all noise barrier design and construction adjacent to SR-125 shall be
coordinated with the City of Chula Vista.
19. Condition No. 22 - (Coordination). In satisfaction of condition No. 22 of the
Resolution, the Developer agrees to make a good-faith effort to coordinate development and
implementation of the Village Seven SPA Plan Area with all other developers within Village Seven
including phasing, grading, improvements and dedication ofright-of-way.
20. Condition No. 23 - (Final "8" Maps). In satisfaction of condition No. 23 of the
Resolution, the Developer agrees that subsequent "B" Maps shall be in substantial conformance with
the approved final "A" Map. Unless otherwise specified, all conditions and code requirements listed
below shall be fully completed to the City's reasonable satisfaction prior to approval of the first Final
"B"Map.
21. Condition No. 26 - (Oversizing). In satisfaction of condition No. 26 of the
Resolution, the Developer agrees that in the event of a filing of a [mal 'B' Map which requires
oversizing of the improvements necessary to serve other properties within the Project, the final map
shall be required to install all necessary improvements to serve the project plus the necessary
oversizing offacilities required to serve such other properties (in accordance with the restrictions of .
state law and City ordinances).
22. Condition No. 28 - (Signage). In satisfaction of condition No. 28 of the Resolution,
the Developer agrees that prior to issuance of the first building pennit, Developer shall submit for
review and approval a sign program to the Director of Planning and Building and shall post
temporary signs on all neighborhoods within the Project indicating the future land use(s) for the sites
with signage consistent with the sign program. Developer acknowledges that temporary signs shall
be maintained in place until such time as a project is approved for any such future land use site.
23. Condition No. 29 - (Slopes). In satisfaction of condition No. 29 of the Resolution, in
addition to the requirements outlined in the City of Chula Vista Landscape Manual, privately
maintained slopes in excess of 25 feet in height shall be landscaped and irrigated to soften their
8
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appearance as follows: one 5-gallon or larger size tree per each 1,500 square feet of slope area, one
I-gallon or larger size shrub per each 100 square feet of slope area, and appropriate groundcover.
Trees and shrubs shall be planted in staggered clusters to soften and vary the slope plane. Landscape
and irrigation plans for private slopes shall be reviewed and approved by the Director of Planning
and Building prior to approval of the corresponding final map.
24. Condition No. 30 - (parkways). In satisfaction of condition No. 30 of the Resolution,
street parkways shall be no less than 7.5 feet in width for the planting area, except as approved by the
City Engineer. The Developer shall plant trees within the parkways which have been selected from
the list of appropriate tree species described in the Village Seven Design Plan, Village Seven SPA
Plan and Landscape Master Plan and shall be approved by the Directors of Planning and Building,
General Services and Public Works. The Developer shall provide root barriers and deep watering
irrigation systems for the trees, as approved by the Director of General Services and the Director of
Public Works.
25. Condition No. 31 - (Street Trees). In partial satisfaction of condition No. 31 of the
Resolution, the Developer agrees:
a. To install all street trees in accordance with Section 18.28.10 of the Chula
Vista Municipal Code;
b. That all street trees shall be planted in parkways, or as otherwise approved by
the Director of Planning and Building;
c. That street trees, which have been selected from the revised list of appropriate
tree species described in the Village Seven Design Plan, Village Seven SPA Plan, Fire Protection
Plan and Landscape Master Plan, shall be approved by the Director of Planning and Building and the
Director of Public Works;
d. That prior to the installation of any dry utilities, including by not limited to
cable, telephone, gas or electric lines, Developer agrees to complete preliminary street improvement
plans that show the locations of all future street trees;
e. All street tree improvement plans shall be subject to the review and approval
of the Director of General Services and the Director of Planning and Building;
f. That prior to any utility installation, wood stakes shall be placed and
maintained in the locations as shown on approved landscape plans and that such stakes shall remain
in place until all dry utilities are installed;
g. That the wood stakes shall be painted a bright color and labeled as future
street tree location;
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h. To provide the City documentation, acceptable by the Director Of General
Services and the Director of Planning and Building, that all utility companies have been given notice
that no dry utility line shall be located within five feet of the wood stake in any direction; and
i. To maintain street tree identification stakes in a location as shown on
approved plans until all dry utilities are in place.
26. Condition No. 40 - (PFDIF). In satisfaction of condition No. 40 of the Resolution,
the Developer agrees to participate in the funding of revisions of the Public Facilities Development
Impact Fee (PFDIF) Program, which shall be prepared by the City, as directed and requested by the
City Manager or his designee and subject to the approval of the City Council.
27. Condition No. 44 - (FIre Hydrants). In satisfaction of condition No. 44 of the
Resolution, the Developer agrees that depending on the location of improvements such as cul-de-
sacs, alleys, driveways or when special circumstances exist in a subdivision design, as determined by
the Fire Marshal, the Developer shall install additional fire hydrants upon request and to the
satisfaction of the Fire Department.
28. Condition No. 48 - (Transit). In satisfaction of condition No. 48 of the Resolution, the
Developer agrees:
a. Fund and install Chula Vista transit facilities within the tentative map boundary
when directed by the Director of Public Works. The improvement plans for the stops shall be prepared
in accordance with the transit stop details described in the Village Seven Design Plan and Village
Seven PFFP and as approved by the Directors of Planning and Building and Director of Public Works;
b. Not protest the formation of any future regional benefit assessment district to
finance the MTDB San Diego Trolley LRT, BRT, or other transit system; and
29. Condition No. 50- (ADA). In satisfaction of condition No. 50 of the Resolution, the
developer shall construct sidewalks and construct pedestrian ramps on all waIkways to meet applicable
"Americans with Disabilities Act" standards and as approved by the City Engineer. In the event the
Federal Government adopts ADA standards for street rights-of-way, which are in conflict with the
standards and approvals contained herein, all such approvals conflicting with those standards shall be
updated to reflect those standards. Unless otherwise required by federal law, City ADA standards may
be considered vested, as determined by Federal regulations, after construction has commenced.
30. Condition No. 51 - (Private Utilities). In satisfaction of condition No. 51 of the
Resolution, the Developer shall not install privately owned water, reclaimed water, or other utilities
crossing any public street. Developer acknowledges that the installation of sleeves for future
construction of privately owned facilities may be allowed subject to the review and approval of the
City Engineer if the following is accomplished:
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a. The developer enters into an agreement with the City where the developer
agrees to the following:
i. Apply for an encroachment permit for installation of the private
facilities within the public right-of-way; and,
ii. Maintain membership in an advance notice such as the USA Dig Alert
Service; and,
Ill. Mark out any private facilities owned by the developer whenever
work is performed in the area; and,
iv. The terms of this agreement shall be binding upon the successors and
assigns of the developer.
b. Shutoff devices as determined by the City Engineer are provided at those
locations where private facilities traverse public streets.
31. Condition No. 52 - (Street Names). In satisfaction of condition No. 52 of the
Resolution, street names shall be as on the approved tentative map, or as otherwise approved by the
Director of Planning and Building and City Engineer.
32. Condition No. 54 - (Street Name Signs). In satisfaction of condition No. 54 of the
Resolution, the Developer agrees that prior to approval of each final map for the Project, Developer
shall agree to install permanent street name signs, and shall install such signs prior to the issuance of
the first building permit for production homes for the applicable final map.
33. Condition No. 57 - (Drainage Maintenance). In satisfaction of condition No. 57 of
the Resolution, the Developer shall provide drainage improvements in accordance with the Master
Drainage Study for Otay Ranch Village Seven, dated May 20, 2004, and the Rough Grading Hydrology
Study dated July 19, 2005. Developer agrees to maintain all such drainage improvements until the City,
an applicable maintenance district, or other mechanism as approved by the City formally accepts the
improvements for maintenance. The maintenance shall ensure that drainage facilities will continue to
operate as designed. The Developer further agrees to maintain, or cause to be maintained, the Receiving
Waters of the United States of America described in the Regional Water Quality Control Board
(R WQCB) 401 Water Quality Certification (401 Certification) for the project and contained within Lot
"B" of the Final map in accordance with the objectives ofthe Water Quality and Stream Morphology
Plan required by the 401 Certification, until the City accepts the Receiving Waters for maintenance by
the Village 7 open space maintenance district, or other entity approved by the City and the R WQCB.
The developer further acknowledges and agrees that the acceptance of the Receiving Waters by the City
shall be at the sole discretion of the City.
34. Condition No. 59 - (Encroachment). In satisfaction of condition No. 59 of the
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Resolution, the Developer agrees storm drain systems that collect water from private property shall be
designated private on grading and drainage and/or improvement plans to the point of connection with a
public system or to the point at which storm water that is collected from public street right-of-way,
public park or open space areas is tITst introduced into the system. Developer agrees that downstream
from that point, the storm drain system shall be public and an encroachment permit shall be processed
and approved by the City for private storm drains within the public right-of-way or within C.Y.D.
maintained Open Space lots.
35. Condition No. 62 - (Drainage Conformance). In satisfaction of condition No. 62 of
the Resolution, the Developer agrees that all storm drain design shall conform to the requirements of
the Subdivision Manual and the Grading Ordinance as may be amended from time to time.
36. Condition No. 66- (Easements). In satisfaction of condition No. 66 of the Resolution,
the Developer agrees to grant on the appropriate final "B" map a IS-foot minimum drainage and access
easement for public storm drain lines located between residential units unless otherwise directed by the
City Engineer.
37. Condition No. 67 - (NPDES). In satisfaction of condition No. 67 of the Resolution,
the Developer agrees that the development of the subdivision shall comply with all applicable
regulations established by the United States Environmental Protection Agency (USEP A) as set forth in
the National Pollutant Discharge Elimination System (N.P D.E.S.) permit requirements for urban runoff
and storm water discharge and any regulations adopted by the City of Chula Vista pursuant to the
N.P.D.E.S. regulations or requirements. Further, the Developer shall file a Notice of Intent with the
State Water Resources Control Board to obtain coverage under the N.P.D.E.S. General Permit for
Storm Water Discharges Associated with Construction Activity and shall implement a Storm Water
Pollution Prevention Plan (SWPPP) concurrent with the commencement of grading activities. The
SWPPP shall include both construction and post construction pollution prevention and pollution
control measures and shall identify funding mechanisms for post construction control measures. The
Developer, and successors in interest, shall comply with all the provisions of the NPDES and the Clean
Water Program during and after all phases of the development process, including but not limited to:
mass grading, rough grading, construction of street and landscaping improvements, and construction of
dwelling units. The Developer shall comply with the City of Chula Vista Development and
Redevelopment Projects Storm Water Management Standards Requirements Manual (Storm Water
Management Standards Manual) and shall design the Project's storm drains and other drainage facilities
to include Best Management Practices (BMPs) to minimize non-point source pollution, satisfactory to
the City Engineer.
38. Condition No. 80 - (Monitoring Program). In satisfaction of condition No. 80 of the
Resolution, the Developer agrees to participate and shall thereafter participate in any necessary funding
for implementing a Poggi Canyon sewer trunk monitoring program, as determined by the City
Engineer. Developer agrees that the sewer trunk monitoring program shall include an analysis of the
remaining capacity of the Poggi CanyonlDate-Faivre sewer system and that such analysis shall
demonstrate to the satisfaction of the City Engineer that sufficient capacity exists for the number of
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EDUs contained in all final maps forthe Project submitted to the City pursuant to the limits set forth in
the PFFP. Developer further agrees that the analysis shaU include aU flows, including pwnped flows,
entering the Poggi Canyon Trunk Sewer, not just from Village Seven., or from within the Poggi Canyon
gravity basin. This requirement shall remain in effect until completion of the Rock Mountain Road
Trunk Sewer project and transfer of the interim Poggi Canyon sewer flows to the Rock Mountain
sewer.
39. Condition No. 84 - (poggi Canyon Sewer DIF). In satisfaction of condition No. 84 of
the Resolution, the Developer agrees that prior to issuance of any building permit for equivalent
dwelling units (EDU's) I through 10S in Project, the Poggi Canyon Gravity Sewer DIF in effect at the
time of issuance shall be applied to each building permit. After issuance of the 10Sth EDU the Salt
Creek Interceptor DIP in effect at the time of issuance shall be applied to each building permit,
regardless of which sewer basin the unit is located.
40. Condition No. 8S - (parks). In satisfaction of condition No. 8S of the Resolution, the
Developer agrees that the Village Seven Project shall satisfy the requirements of the Parkland
Dedication Ordinance (POO) pursuant to Chula Vista Municipal Code Chapter 17.10. The ordinance
establishes a requirement that the project provide 3 acres oflocal parks and related improvements per
1,000 residents. Local parks are comprised of community parks and neighborhood parks. The
Project's Neighborhood Park portion of the local park requirement shall be satisfied through the
dedication of parkland and the payment ofP AD fees that enable the provision ofa 7.0 net useable-acre
Neighborhood Park (P-I). The remaining requirement shall be satisfied in a future Community Park
through the payment offees, dedication ofland, or a combination thereofin a manner acceptable to the
Director of General Services. Common useable open space (CUQS) shall not receive park credit.
41. Conditions No. 89 - (Landscape and Irrigation)_ In satisfaction of condition No. 89
of the Resolution, the Developer, prior to the issuance of each grading permit for the Project shall
prepare, submit, and secure to the satisfaction ofthe Director of Planning & Building all landscape
and irrigation slope erosion control plans. All plans shall be prepared in accordance with the current
Chula Vista Landscape Manual and Grading Ordinance, as may be amended from time to time.
Developer shall install landscape and irrigation slope erosion control in accordance with approved
plans no later than six months from the date of issuance of the grading permit. lfthe work cannot be
completed within the specified time, the Developer may request an extension, which may be granted
at the discretion of the Director of Planning & Building. Such a request shall be submitted for
approval in writing to the Planning & Building Department sufficiently in advance of the end of the
six-month timeframe to aUow processing of the extension. Notwithstanding the time ofinstallation of
landscape, and irrigation slope erosion control, Developer shall remain in compliance with NPDES
42. Condition No. 92 - (Walls). In satisfaction of condition No. 92 of the Resolution, the
Developer agrees that prior to constructing a solid masonry, view wall or like wall which will adjoin
a wall constructed by a different developer, a transition wall plan shall be submitted to the City and is
subject to the approval of the Director of Planning and Building. Developer further agrees to work
together with other developers of Village Seven to the satisfaction of the Director of Planning and
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Building in order to construct transitions between adjoining walls
43. Condition No. 93 - (Landscape and Irrigation Plans). In satisfuctionofcondition
No. 93 of the Resolution, the Developer agrees that prior to the issuance of each street construction
pennit for the Project, the Developer shall prepare and secure, to the satisfaction of the City
Engineer and the Director of General Services, street improvement Landscape & Irrigation Plans.
All plans shall be prepared in accordance with the current Chula Vista Landscape Manual and the
Village Seven SPA Plan, as may be amended from time to time. Developer shall install all
improvements in accordance with approved plans to the satisfaction of the Director of General
Services and the City Engineer.
44. Condition No. 96 - (Trails Transition). In satisfaction of condition No. 96 of the
Resolution, the Developer agrees that when trails extend to the property limits and are intended to
continue into an adjacent property, Developer(s) agree(s) to coordinate alignments, trail and fencing
materials and construction methods so as to provide a seamless transition from one ownership to
another.
45. Conditions No. 98 - (Regional Trails). In satisfaction of condition No. 98 of the
Resolution, the Developer agrees with the construction of the Wolf Canyon channel and Detention
Basins, construct a "Regional Trail" along the south side of the channel and basin from Magdalena
Avenue to La Media Road as depicted on the Parks, Trails and Open Space Plan in the Village
Seven SPA Plan, which shall be designed to incorporate the Project's Landscape Master Plan as
approved by the City and as may be amended from time to time. The regional trail design shall be
suitable for H-20 loading.
46. Condition No. 99 - (Regional Trails). In satisfaction of condition No. 99 of the
Resolution, the Developer shall, concurrent with the construction of La Media Road improvements,
construct a "Regional Trail" along the east side of the street from Wolf Canyon to Santa Luna Street
as depicted on the Parks, Trails and Open Space Plan in the Village Seven SPA Plan, and shall be
designed to incorporate the Project's Landscape Master Plan as approved by the City and as may be
amended from time to time.
47. Condition No.t03 - (Access). In satisfaction of condition No. 103 of the Resolution,
the Developer agrees to comply with the current Regulatory Negotiation Committee
Recommendations for Accessibility Guidelines: Outdoor Developed Areas Pinal Report, as maybe
amended from time to time, developed for u.S. Architectural and Transportation Barriers
Compliance Board when designing all trails and trail connections.
48. Condition No.t04 - (Regional Trails). In satisfaction of condition No. 104 of the
Resolution, the Developer agrees to, concurrent with the grading and improvement of Santa Luna
Street, shall design, grade and implement the construction of a 10' wide regional trail along Santa
Luna Street in conformance with the Trails Plan in the Village Seven SPA Plan as approved by the
City to the satisfaction of the Director of General Services.
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49. Condition No. 105 - (CFD). In satisfaction of condition No. 105 of the Resolution,
the Developer agrees that in the event Developer wishes to request the formation 0 f a Maintenance
District or similar funding mechanism, the Developer sball submit an application packet for
formation of a Community Facilities District (CFD), and submit the request for CFD formation to
the City Council for consideration. Developer acknowledges that the CFD shall be formed prior to
approval of the fIrst "B" map for the Project and subject to the approval of the Director of Public
Works. Developer agrees to submit a list of amenities, acreage and costs for all Open Space District
lots including but not limited to the cost of any detention basin maintenance and structura1 storm
water quality BMP's within the Project. Developer agrees to maintain the open space improvements
for a minimum period of one year or until such time as accepted into the open space district by the
Director of Public Works. Developer acknowledges that if Council does not approve the CFD
formation, another fInancing mechanism such as a Master Homeowners Association, or an
endowment sball be established and submitted to the City Council for consideration prior to
approval of the fIrst map Along with submission of the application package for formation of the
CFD, Developer further agrees to submit an initial cash deposit in an amount to be determined by
the City Engineer to begin the process of formation of the Open Space District Developer
acknowledges that all costs of formation and other costs associated with the processing of the open
space relating to this Project shall be bome by the Developer and shall provide all the necessary
information and materials (e. g., tables, diagrams, etc.) required by the City Engineer for processing
the formation of the proposed open space district.
50. Condition No. 106 - (CC&Rs). In satisfaction of condition No. 106 of the
Resolution, the Developer agrees that prior to the approval of the fIrst fmal "B" Map, the
developer shall:
a. Submit evidence, acceptable to the City Engineer and the Director of
Planning and Building of the formation ofa Master Homeowner's Association (MHOA), or
another financial mechanism acceptable to the City Manager. The MHOA shall be responsible
for the maintenance of those landscaping improvements that are not to be included in the
proposed fInancial mechanism. The City Engineer and the Director of Planning and Building
may require that some of those improvements shall be maintained by the Open Space District.
. The final determination of which improvements are to be included in the Open Space District
and those to be maintained by the MHOA shall be made during the Open Space District
Proceedings. The MHOA shall be structured to allow annexation of future tentative map areas
in the event the City Engineer and Director of Planning and Building require such annexation
of future tentative map areas. The MHOA formation documents shall be subject to the
approval of the City Attorney; and,
b. The developer shall submit for City's approval the CC&Rs, grant of
easements and maintenance standards and responsibility of the MHOAs for the open space
areas within the Project area. Developer shall acknowledge that the MHOAs maintenance of
public open space, trails, parkways, and like areas may expose the City to liability.
Developer agrees to establish a MHOA that will hold the City harmless from any actions of
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the MHOA in the maintenance of such areas; and,
c. Submit and obtain approval of the City Engineer and the Director of
Planning and Building of a list of all Otay Ranch Village Seven SPA and l'vfHOA facilities and
other items to be maintained by the proposed district. Separate lists shall be submitted for the
improvements and facilities to be maintained by the Open Space District and those to be
maintained by a Master Homeowner's Association. Include a description, quantity and cost per
year for the perpetual maintenance of the improvements. These lists shall include but are not
limited to the following facilities and improvements:
I. All facilities located on open space lots to include but not be
limited to: walls, fences, water fountains, lighting structures, paths,
trails, access roads, drainage structures and landscaping. Each
open space lot shall also be broken down by the number of acres
of: 1) turf, 2) irrigated, and 3) non-irrigated open space to aid in the
estimation of a maintenance budget thereof.
ii. The proportional share of medians and parkways along La Media
Road, Magdalena Avenue and Birch Road (onsite and off site) and
all other street parkways proposed for maintenance by the
applicable Community Facilities District or Homeowners'
Association.
lll. The detention basin located in Wolf Canyon.
iv. All storm-water quality structural BMP's serving the Project.
51. Condition No. 108 - (CC&Rs). In satisfaction of condition No. 108 of the
Resolution, the Developer agrees that prior to the approval of each Final "B" Map, Declaration or
Supplementary Declaration of Covenants, Conditions, and Restrictions (CC&R' s) shall be submitted
and subject to the approval of the City Engineer. Developers further agrees that the CC&R's shall
include the following obligations of the Master Homeowners Association:
a. A requirement that the MHOA shall maintain comprehensive general liability
insurance against liability incident to ownership or use of the following areas:
I. All open space lots that shall remain private,
ii. Other Master Association property.
b: Before any revisions to provisions of the CC&R's that may particularly affect
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the City can become effective, the revisions shall be approved by the City. The MHOA shall not
seek approval from the City of the revisions without the prior consent of 100 percent of the
holders of first mortgages or property owners within the MHOA.
c. The MHOA shall defend, indemnifY and hold harmless the City and its agents,
officers and employee from any claims, demands, causes of action liability or loss related to or
arising from the maintenance activities of the MHOA.
d. The MHOA shall not seek to be released by the City from the maintenance
obligations described herein without the prior consent of the City and 100 percent of the holders
of first mortgages or property owners within the MHOA.
e. The MHOA is required to procure and maintain a policy of comprehensive
general liability insurance written on a per occurrence basis in an amount not less than one million
dollars combined single limit. The policy shall be acceptable to the City and name the City as
additionally insured to the satisfaction of the City Attorney.
f. The CC&R's shall incorporate restrictions for each lot adjoining open space
lots containing walls maintained by the open space district to ensure that the property owners know
that the walls may not be modified or supplemented nor may they encroach on City property.
g. The CC&R's shall include provisions assuring maintenance of all streets,
driveways, drainage and sewage systems which are private.
h. The CC&R's shall include provisions assuring MHOA membership in an
advance notice such as the USA Dig Alert Service in perpetuity.
i. The CC&R's shall include provisions that provide the City has the right but
not the obligation to enforce the CC&R provisions the same as any owner in the Project.
j. The CC&R provisions setting forth restrictions in these Tentative map
conditions may not be revised at any time without prior written permission of the City.
k. The MHOA shall not dedicate or convey for public streets, land used for
private streets without approval of! 00% of all the HOA members or holder oflirst mortgages within
the MHOA.
1. The CC&R's shall prohibit "speed bumps" on private streets. The CC&R's
shall also include language which states that any proposal by the HOA to allow "speed bumps" in the
future shall require prior written approval of 100% of all the Homeowners Association members.
52. Condition No. 114 - (Protest Formation). In satisfaction of condition No. 114 of the
Resolution, the Developer agrees to not protest formation or inclusion in a maintenance district or zone
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for the maintenance oflandscaped medians and scenic corridors along streets within or adjacent to the
subject subdivision. .
53. Condition No. U5 ~ (parkways). In satisfaction of condition No. 115 of the
Resolution, the Developer acknowledges that street parkways within the Project shall be maintained
by an entity such as a Master Home Owner's Association (MHOA) or a Community Facilities District
(CFD) and that private homeowners shall not maintain the parkways. Developer agrees that street
parkways shall be designated as recycled water use areas, if approved by the Otay Water District and
San Diego County Department of Environmental Health.
54. Condition No. 116 - (Landscape and Irrigation). In satisfaction of condition No.
116 of the Resolution, the Developer has paid cash deposit with the City which will guarantee the
maintenance of the L&I improvements until the City accepts the improvements. Developer
acknowledges that in the event the improvements are not maintained to City standards as determined
by the City Engineer and the Director General Services, the deposit shall be used to perform the
maintenance and the amount of the deposit shall be equivalent to the estimated cost of maintaining the
open space lots to City standards for a period of six months, ("Minimum Deposit Amount"), as
determined by the City Engineer. Developer agrees that any unused portion of the deposit may be
incorporated into the CFD's Reserve Account, or returned to the Developer, according to the
following:
a. If, 6 months prior to the scheduled date of acceptance of Landscape and Irrigation
improvements for maintenance by the CFD, the Reserve Account is less than the Minimum Deposit
Amount, the difference between these two amounts shall be incorporated into the Reserve Account;
or;
b. If the Reserve Account is at or above the Minimum Deposit Amount, the unused
portion of the deposit may be returned to the Developer in 6 equal monthly increments over the last six
months of the maintenance period if the maintenance is being accomplished to the satisfaction of the
Director of General Services
55. Condition No.U7 - (Bond Indebtedness). In satisfaction of condition No. 117 of the
Resolution, the Developer agrees that prior to City acceptance of any open space lots, the Developer
shall demonstrate to the satisfaction of the City Engineer, that the assessmentslbonded indebtedness
for all parcels dedicated or granted in fee to the City have been paid or that no assessments exist on the
parcel(s).
56. Condition No. 120- (SAMP). In satisfaction of condition No. 120 of the Resolution,
the Developer agrees that prior to approval ofthe first final map for the Project the Developer(s) shall
provide a Sub Area Master Plan (SAMP) for Village Seven, as approved by Otay Water District
(OWD), which will also include an analysis of recycled water for open space slopes. When the SAMP
is approved, the Developer(s) shall provide the water and recycled water improvements in accordance
with the SAMP. The SAMP shall be consistent with the SPA Plan. If the SAMP is inconsistent with
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the SPA Plan, the Developer(s) shall be responsible for obtaining the approval by OWD of any
amendment to the Village Seven SAl'v1P in order for the Village Seven SAl'v1P to be consistent with the
approved SPA Plan prior to the approval of the first map for the Project
57. Condition No. 124 - (Signage). In satisfaction of condition No. 124 of the Resolution,
the Developer agrees to design landscape and irrigation plans such that street tree placement is not in
conflict with the visibility of any traffic signage. The Developer shall be responsible for the removal
of any obstructions of the traffic signs to the satisfaction of the City Engineer
58, Condition No. 125 - (private Easements). In satisfaction of condition No. 125 of the
Resolution, the Developer agrees to grant easements to subsequent owners pursuant to Section
18.20.150 of the Municipal Code on any final map that proposes private utilities or drainage facilities
crossing property lines as directed by the City Engineer.
59. Condition No. 128 - (Private Easements). In satisfaction of condition No. 1280fthe
Resolution, the Developer agrees that where a private storm drain easement will parallel a public
sewer easement, the easements shall be delineated separately on the final map and on the grading and
improvement plans. Developer acknowledges that if any portion of the easements will overlap one
another, the City shall have a superior right to the common portion of the easements.
60. Condition No. 129 - (Subordination). In satisfaction of condition No. 129 of the
Resolution, the Developer agrees that prior to the approval of each final map for the Project, the City
Engineer may require either the removal or the subordination of any easement, which may
unreasonably interfere with the full and complete exercise of any required public easement or right-
of-way.
61. Condition No. 137 - (Supplemental Agreement). In satisfaction of condition No. 137
of the Resolution, the Developer agrees to the following:
a.
following occur:
That the City may withhold building permits for the Project if anyone of the
i. Regional development threshold limits set by a Chula Vista
transportation phasing plan, as amended from time to time, have been
reached or in order to have the Project comply with the Growth Management
Program, as may be amended from time to time.
ii. Traffic volumes, levels of service, public utilities and/or services
either exceed the adopted City threshold standards or fail to comply with the
then effective Growth Management Ordinance, and Growth Management
Program and any amendments thereto. Public utilities shall include, but not
be limited to, air quality, drainage, sewer and water.
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Ill. The required public facilities, as identified in the PFFP or as amended
or otherwise conditioned have not been completed or constructed to the
satisfaction of the City. The developer may propose changes in the timing
and sequencing of development and the construction of improvements
affected. In such case, the PFFP may be amended as approved by the City's
Director of Planning and Building and the Public Works Director. The
Developer agrees that the City may withhold building permits for any of the
phases of development identified in the Public Facilities Financing Plan
(PFFP) for Otay Ranch Village Seven SPA ifthe required public facilities, as
identified in the PFFP or as amended by the Annual Monitoring Program
have not been completed.
b. To defend, indemnify and hold harmless the City and its agents, officers and
employees, from any claim, action or proceeding against the City, or its agents, officers or
employees, to attack, set aside, void or annul any approval by the City, including approval by its
Planning Commission, City Councilor any approval by its agents, officers, or employees with regard
to this subdivision pursuant to Section 66499.37 of the State Map Act provided the City promptly
notifies the Developer of any claim, action or proceeding and on the further condition that the City
fully cooperates in the defense.
c. Permit all cable television companies franchised by the City of Chula Vista
equal opportunity to place conduit and provide cable television service for each lot or unit within the
Tentative Map area. Developer further agrees to grant, by license or easement, and for the benefit of,
and to be enforceable by, the City of Chula Vista, conditional access to cable television conduit
within the properties situated within the final map only to those cable television companies
franchised by the City of Chula Vista, the condition of such grant being that:
i. Such access is coordinated with Developer's construction schedule so
that it does not delay or impede Developer's construction schedule and does
not require the trenches to be reopened to accommodate the placement of
such conduits; and .
ii. Any such cable company is and remains in compliance with, and
promises to remain in compliance with the terms and conditions of the
franchise and with all other rules, regulations, ordinances and procedures
regulating and affecting the operation of cable television companies as same
may have been, or may from time to time be, issued by the City of Chula
Vista.
Developer hereby conveys to the City of Chula Vista the authority to enforce the covenant by such
remedies as the City determines appropriate, including revocation of the grant upon determination by
the City ofChula Vista that they have violated the conditions of grant.
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c. That the City may withhold the issuance of building permits for the Project,
should the Developer be determined by the City to be in breach of any of the terms of the Tentative
Map Conditions, this Agreement or any Supplemental Agreement. The City shall provide the
Developer of notice of such determination and allow the Developer reasonable time to cure the
breach
e. Defend, indemnify and hold the City, its officers and it employees harmless
from any liability for erosion, siltation or increase flow of drainage resulting from this project.
62. Condition No. 138 - (Congestion Management Plan). In satisfaction of condition
No. 138 of the Resolution, the Developer agrees to enter into an supplemental agreement with the
City prior to approval of the first final "B" Map, where the developer agrees to the following:
a. Participate, on a fair share basis, in any deficiency plan or financial program
adopted by SANDAG tD cDmply with the Congestion Management Program (CMP).
b. To not protest the formation of any future regional impact fee program or
facilities benefit district to finance the cDnstructiDn Dfregional facilities.
63. Condition No. 139 - (Previous Agreements). In satisfaction of condition No. 139 Df
the Resolution, the Developer agrees to cDmply with all previous agreements as they pertain to the
property.
64. Condition No. 141 - (Regional Fee Program). In satisfaction of condition No. 141
of the Resolution, the Developer agrees to equitably participate in any future regional impact fee
program fDr regional facilities should the region enact such a fee program to assist in the construction
of such facilities. Developer further agrees to not protest the formation of any potential future
regional benefit assessment district formed to finance regional facilities.
65. Condition No. 142 - (Transit Stops). In satisfaction of condition No. 142 of the
Resolution, the Developer agrees that prior tD approval of the applicable final map for the Project,
Developer shall construct and secure, or agree to construct and secure, the construction of transit stop
facilities as set fDrth in the PFFP. The schedule for constructing the transit stops shall be approved or
determined by the City Engineer prior to approval ofthe aforementioned final map. Developer shall
design, subject to the approval of the City Engineer the transit stops in conjunction with the
improvement plans for the related street. The City Engineer may require that Developer provide
security guaranteeing the construction of the transit stops in a form of cash or any other form
approved by the City Engineer at hislher sole discretion. Since transit service availability may not
coincide with project development, the Developer shall install the improvements when directed by
the City.
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66. Condition No. 143 - (Mello Roos District). In satisfaction of condition No. 143 of
the Resolution, the Developer agrees that no final "B" Maps may be recorded within Village Seven
SPA area until such time that an annexable Mello Roos District, or some other financing mechanism
approved by the school district, to provide for the construction of needed elementary, middle and
high schools is established.
67. Condition No. 144 - (Transit System). In satisfaction of condition No. 144 of the
Resolution, the Developer agrees to not protest the formation of any potential future regional benefit
assessment district formed to finance the transit system.
68. Condition No. 145 - (Open Space Landscaping). In satisfaction of condition No.
145 of the Resolution, the Developer agrees that prior to the approval of any fmal map for the Project
that contains open space, the Developer shall enter into an agreement to construct and secure open
space landscape improvements within the map area. All landscape improvements shall be secured in
amounts as determined by the Director of General Services and approved in form by the City
Attorney.
69. Condition No. 146 - (Affordable Housing). In satisfaction of condition No. 146 of
the Resolution, the Developer agrees to enter into an agreement with the City ofChula Vista, prior to
approval of Developer's first final "B" map, regarding the provision of affordable housing. Such
agreements shall be in accordance with the Chula Vista Housing Element, the Ranch Wide
Affordable Housing Plan and the Village Seven Affordable Housing Plan.
70. Condition No. 147 - (AQIP). In satisfaction of condition No. 147 of the Resolution,
the Developer agrees to implement the final AQIP measures as approved by the City Council, and
as may be amended from time to time, and to comply and remain in compliance with the Air
Quality Improvement Plan (AQIP).
71. Condition No. 148 - (AQIP). In satisfaction of condition No. 148 of the Resolution,
the Developer acknowledges that the City Council may, from time-to-time, modifY air quality
improvement and energy conservation measures as technologies and/or programs change or become
available. Developer agrees to modifY the AQIP to incorporate those new measures upon request of
the City, which are in effect at the time, prior to or concurrent with each map approval within the
Project. Developer acknowledges that the new measures shall apply to 'development within all
future map areas, but shall not be retroactive to those areas, which receive [mal map approval prior
to effect of the subject new measures. Developer acknowledges and agrees that the City has
adopted the City ofChula Vista Air Quality Improvement Plan Guidelines (AQIP Guidelines) as
approved per Resolution No. 2003-260 and that such guidelines as approved and as may be
amended from time-to-time shall be implemented.
72. Condition No. 149 - (WCP). In satisfaction of condition No. 149 of the Resolution,
the Developer agrees to implement the final Water Conservation Plan (WCP) measures as approved
by the City Council, and as may be amended from time to time, and to comply and remain in
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compliance with the WCP.
73. Condition No. 150 - (WCP). In satisfaction of condition No. 150 of the Resolution,
Developer acknowledges that the City Council may, from time-to-time, modify water conservation
measures as technologies and/or programs change or become available. Developer shaH modify
the WCP to incorporate those new measures upon request of the City, which are in effect at the
time, prior to or concurrent with each map approval within the Project. Developer acknowledges
that the new measures shall apply to development within aH future map areas, but shaH not be
retroactive to those areas, which receive final map approval prior to effect of the subject new
measures. The Developer acknowledges and agrees that the City has adopted the City of Chula
Vista Water Conservation Plan Guidelines (WCP Guidelines) as approved per Resolution No.
2003-234 and that such guidelines as approved and as may be amended from time-to-time shall be
implemented.
74. Condition No. 151 - (Utilities). In satisfaction of condition No. 151 of the
Resolution, the Developer agrees to install aH public facilities in accordance with the Village
Seven Public Facilities Finance Plan (pFFP), or as required to meet the Growth Management
Threshold standards adopted by the City and that the City Engineer may modify the sequence of
improvement construction should conditions change to warrant such a revision. The Developer
further agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code (Growth
Management Ordinance) as may be amended from time to time by the City. Developer
acknowledges that the Chapter includes but is not limited to Threshold Standards (19.09.040)
Public Facilities Plan Implementation (19.09.090) and Threshold Compliance Procedures
(19.Q9.100).
75. Condition No. 152 - (Utilities). In satisfaction of condition No. 152 of the
Resolution, the Developer agrees that the maintenance and demolition of all interim facilities
(public facilities, utilities and improvements) is the Developer's responsibility, and that
construction, maintenance and demolition bonds will be required to the satisfaction of the City
Engineer.
76. Condition No. 156 - (GMOC). In satisfaction of condition No. 156 of the
Resolution, the Developer agrees that pursuant to the provisions of the Growth Management
Ordinance (Section 19.09 of the CVMC) and the Otay Ranch General Development Plan (GDP),
and as they may be amended from time to time, the Developer shall complete the foHowing: (I)
fund a fair share of the preparation of an annual report monitoring the development of the
community ofOtay Ranch. The annual monitoring report will analyze the supply of, and demand
for, public facilities and services governed by the threshold standards. An annual review shaH
commence foHowing the fIrst fIscal year in which residential occupancy occurs and is to be
completed during the second quarter ofthe foHowing fiscal year. The annual report shaH adhere
to those guidelines noted on page 353, Section D of the GDP/SRP; and (2) prepare a five year
development phasing forecast identifying targeted submittal dates for future discretionary
applications (SPA's and tentative maps), projected construction dates, corresponding public
23
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facility needs per the adopted threshold standards, and identifYing financing options fornecessary
facilities.
77. Condition No.IS7 -(ProjeetManager). In satisfaction of condition No. 157 of the
Resolution, the Developer agrees to retain a project manager to coordinate the processing of
discretionary permit applications originating from the private sector and submitted to the City of
Chula Vista. Developer acknowledges that the project manager shall establish a formal submittal
package required 0 f each developer to ensure a high standard of design and to ensure consistency
with standards and policies identified in the adopted SPA Plan. Developer further agrees that
project manager shall have a well-rounded educational background and experience, including but
not limited to land use planning and architecture.
78. Condition No. 158 - (Permits). In satisfaction of condition No. 158 of the
Resolution, the Developer agrees that if Developer desires to do certain work on the property after
approval of the tentative map but prior to recordation of the applicable final "B" Map, they may
do so by obtaining the required approvals and permits from the City. Developer acknowledges
that the permits can be approved or denied by the City in accordance with the City's Municipal
Code, regulations and policies and the permits do not constitute a guarantee that subsequent
submittals (i.e., final "B" Map and improvement plans) will be approved. Developer
acknowledges that all work performed by the Developer prior to approval of the applicable "B"
Map shall be at the developers own risk and that prior to permit issuance, the Developer shall
acknowledge in writing that subsequent submittals (i.e., final "B" Map and improvement plans)
may require extensive changes, at developers cost, to work done under such early permit.
Developer agrees to post a bond or other security acceptable to the City in an amount determined
by the City to guarantee the rehabilitation of the land if the applicable final "B" Map does not
record.
79. Condition No. 159 - (phasing). In satisfaction of condition No. 159 of the
Resolution, the Developer acknowledges that phasing approved with the SPA Plan may be
amended subject to approval by the Director of Planning and Building and the City Engineer and
that the PFFP shall be revised where necessary to reflect the revised phasing plan.
80. Condition No. 160 - (phasing). In satisfaction of condition No. 160 of the
Resolution, the Developer agrees that if phasing is proposed within an individual map or through
multiple final maps, to shall submit and obtain approval for a development phasing plan by the
City Engineer and Director of Planning and Building prior to approval of any final map.
Developer agrees that the improvements, facilities and dedications to be provided with each phase
or unit of development shall be as determined by the City Engineer and Director of Planning and
Building. The City reserves the right to require the improvements, facilities and/or dedications as
necessary to provide adequate circulation and to meet the requirements of police and fire
departments. The City Engineer and Director of Planning and Building may, at their discretion,
modify the sequence of improvement construction should conditions change to warrant such a
revision. Developer further agrees that the City Engineer may change the timing of construction
24
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of the public facilities.
81. Condition No. 161- (pFFP). In satisfaction of condition No. 161 of the Resolution,
the Developer agrees that the Public Facility Finance Plan or revisions thereto shall be adhered to
for the SPA and tentative maps with improvements installed by Developer in accordance with the
plan or as required to meet threshold standards adopted by the City of Chula Vista. The PFFP
identifies a facility phasing plan based upon a set of assumptions concerning the location and rate
of development within and outside of the Project area. Throughout the build-out of Village Seven
SPA, actual development may differ from the asswnptions contained in the PFFP. Neither the
PFFP nor any other Village Seven SPA Plan document grant the Developer an entitlement to
develop as asswned in the PFFP, or limit the Village Seven SPA's facility improvement
requirements to those identified in the PFFP. Compliance with the City ofChuIa Vista threshold
standards, based on actual development patterns and updated forecasts in reliance on changing
entitlements and market conditions, shall govern Village Seven SPA development patterns and
the facility improvement requirements to serve such development. In addition, the sequence in
which improvements are constructed shall correspond to any transportation phasing plan or
amendment to the Growth Management Program and Ordinance adopted by the City. The City
Engineer and Director of Planning and Building may, at their discretion, modify the sequence,
schedule, alignment and design of improvement construction should conditions change to warrant
such a revision.
82. Condition No. 163 - (Municipal Code). In satisfaction of condition No. 163 of the
Resolution, the Developer agrees to comply with all applicable sections of the Chula Vista
Municipal Code and that preparation of the Final Map and all plans shall be in accordance with
the provisions ofthe Subdivision Map Act and the CityofChula Vista Subdivision Ordinance and
Subdivision Manual. Developer further agrees to underground all utilities within the subdivision
in accordance with Municipal Code requirements.
83. Condition No. 164-(Fees). In satisfaction of condition No. 164 of the Resolution,
the Developer agrees to pay the following fees, as applicable, in accordance with the City Code
and Council Policy:
I. The Transportation and Public Facilities Development Impact Fees.
J. Signal Participation Fees.
k. All applicable sewer fees, including but not lirnited to sewer connection fees.
1. Interim SR-125 impact fee.
m. Poggi Canyon or Salt Creek Sewer Basin DIF as applicable.
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Developer agrees to pay the amount of the fees in effect at the time of issuance of building
permits.
84. Condition No. 165 - (Compliance). In satisfaction of condition No. 165 of the
Resolution, the Developer agrees to comply with all relevant Federal, State, and Local regulations,
including the Clean Water Act The Developer acknowledges and agrees that Developer will be
responsible for providing all required testing and documentation to demonstrate the compliance as
required by the City Engineer.
85. Condition No. 166 - (Notice of Special Taxes). In satisfilction of condition No. 166 of the
Resolution, the Developer agrees to ensure that prospective purchasers sign a "Notice of Special
Taxes and Assessments" pursuant to Municipal Code Section 5.46.020 regarding projected taxes and
assessments .
86. Condition No. 167 - (Compliance). fu satisfaction of condition No. 167 of the
Resolution, the Developer agrees to comply with Chapter 19.09 of the Chula Vista Municipal Code
(Growth Management) as may be amended from time to time by the City. The chapter includes but
is not limited to: threshold standards (19.09.04), public facilities finance plan implementation
(19.09.090), and public facilities finance plan amendment procedures (19.09.100).
87. Satisfaction of Conditions. City agrees that the execution of this Agreement
constitutes satisfaction of Developer's obligation of Conditions: 1,2,3,4,5,7,8,9,10, II, 12,
14, 16, 18,20,21,22,23,26,28,29,30,31,40,44,48,50,51,52,54,57,59,62,66,67,80,84,
85,89,92,93,96,98,99,103,104,105,106,108,114,115,116, 117, 120, 124, 125, 128, 129,
137, 138, 139, 141, 142, 143, 144, 145, 146, 147, 148, 149, 150, 151, 152, 156, 157, 158, 159,
160,161,163,164,165,166, and 167 of the Resolution. Developer further understands and
agrees that some of the provisions herein may be required to be performed or accomplished prior
to the approval of other final maps for the Project, as may be appropriate.
88. Unfulfilled Conditions. Developer hereby agrees, unless otherwise conditioned, that
Developer shall comply with all unfulfilled conditions of approval of the Tentative Subdivision
Map, established by the Resolution and shall remain in compliance with and implement the terms,
conditions and provisions therein.
89. Recording. This Agreement, or an abstract hereof shall be recorded simultaneously
with the recordation of the Final Maps.
90. Building Permits. Developer understands and agrees that the City may withhold the
issuance of building permits and all other permits for the entire Village Seven SPA project area,
should the Developer be determined by the City to be in breach of any of the terms of this
Agreement. The City shall provide the Developer of notice of such determination and allow the
Developer reasonable time to cure the breach. Developer further acknowledges and agrees that the
City may withhold building permits within the Final Map as defined herein if the required public
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facilities for the Otay Ranch Village 7 SPA Plan, as defined in the PFFP or as amended by the
Annual Monitoring Program or otherwise conditioned, have not been completed or constructed to
the satisfaction of the City. Nothing in this condition is intended to modify, waive, or amend
paragraph 10 (Condition; 9, General Preliminary) of this Agreement.
91. Miscellaneous.
a. Notices. Unless otherwise provided in this Agreement or by law, any and all
notices required or permitted by this Agreement or by law to be served on or delivered to either
party shall be in writing and shall be deemed duly served, delivered, and received when personally
delivered to the party to whom it is directed, or in lieu thereof, when three (3) business days have
elapsed following deposit in the U.S. mail, certified or registered mail, return receipt requested,
first-class postage prepaid, addressed to the address indicated in this Agreement. A party may
change such address for the purpose of this paragraph by giving written notice of such change to
the other party.
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA. 91910
Atto: City Engineer
Otay Project, LP
610 West Ash Street, Suite 1500
San Diego, CA 92101
Attn: Ranie Hunter
Fax: (619) 234-4088
A party may change such address for the purpose of this paragraph by giving written notice of
such change to the other party in the manner provided in this paragraph.
b. Captions. Captions in this Agreement are inserted for convenience of reference
and do not define, describe or limit the scope or intent of this Agreement or any of its terms.
c. Entire Agreement. This Agreement contains the entire agreement between the
parties regarding the subject matter hereof. Any prior oral or written representations, agreements,
understandings, and/or statements shall be of no force and effect. This Agreement is not intended
to supersede or amend any other agreement between the parties unless expressly noted.
Amendments to this Agreement must be in writing and approved by the representatives.
d. Preparation of Agreement. No inference, assumption or presumption shall be
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15463
drawn from the fiLet that a party or his attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both parties participated equally in the preparation and/or drafting this
Agreement.
e. Assignablity. Upon request of the developer, any or all on-site duties and
obligations set forth herein may be assigned to developer's successor in interest if the City
Manager in hislher so Ie discretion determines that such an assignment will not adversely affect the
City's interest. The City Manager in hislher sole discretion may, if such assignment is requested,
permit a substitution of securities by the successor in interest in place and instead ofthe original
securities described herein so long as such substituted securities meet the criteria for security as
set forth elsewhere in this agreement. Such assignment will be in a form approved by the City
Attorney.
f. Recitals; Exhibits. Anyrecitals set forth above and exhibits attached hereto are
incorporated by reference into this Agreement.
g. Attorney's Fees. If either party commences litigation for the judicial
interpretation, reformation, enforcement or rescission hereof, the prevailing party will be entitled
to ajudgment against the other for an amount equal to reasonable attorney's fees and court costs
incurred. The "prevailing party" shall be deemed to be the party who is awarded substantially the
relief sought.
(NEXT PAGE IS PAGE ONE OF SIGNATURE PAGES]
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[PAGE ONE OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDIVISION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SEVEN "A"
MAP]
F CHULA VISTA
Stephen . Padilla,
Mayor of the City of Chula Vista
Attest:
:::- -i.J fu 6&) p
Susan Bigelow
City Clerk
J
Approved as to Form:
;1;LJL
DATED:
,2005
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
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15465
([PAGE TWO OF TWO SIGNATURE PAGES TO SUPPLEMENTAL SUBDMSION
IMPROVEMENT AGREEMENT FOR THE OTAY RANCH VILLAGE SEVEN "A"
MAPI
DEVELOPERS/OWNERS:
OT A Y PROJECf L.P.,
A California limited partnership,
BY: OT A Y PROJECT, LLC,
a California limited liability company,
its General Partner,
BY: OTAY RANCH DEVELOPMENT,LLC.
a Delaware limited liability company,
its Authorized Member,
~
By:
Title: V~~~~
(ATTACH NOTARY ACKNOWLEDGMENTS)
30
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15466)(
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
State of California
County of ~--o l-"nD
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O~-:~l~ betoreme MAI'c.. ~!~_,~?!~J>\l''-
personally appeared leer. + A d~ V\
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evidence
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to be the person~ whose name(s! is/__
subscribed to the within instrument and
acknowledged to me that he/shelll e~ e~~ecuted
the same in his~ir authorized
capacity(i",,), and that by hi~ir
signaturels) on the instrument the person(*, or
the entity upon behalf of which the person(st-
acted, executed the instrument.
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OPTIONAL
Though rhe information below is not required by Jaw. it mifY prove valuable to persons relying on the document snd could prevent
fraudulent removal and reattachment 01 this form to another document
Description of Attached Document
Title or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
.
Top 01 thumb here
o Individual
o Corporate Officer - Title(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
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Signer is Representing:
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15467
EXHIBIT A
LEGAL DESCRIPTIONS
OTAY RANCH VILLAGE SEVEN
Portion of subdivision of a port ion of Parcel 6 of Parcel Map 18471, in the CityofChula Vista,
County of San Diego, State of California, filed in the Office of the County Recorder of San
Diego County, on May 10, 2000, as File No. 2000-024106, O.R.
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15468
EXHIBIT "B"
SECURITY
CHULA VISTA TRACT NO. 05-09
aT A Y RANCH VILLAGE SEVEN "A" MAP
Landscape and Irrigation for
Otay Ranch Village Seven
La Media Road Lan dscape and
Irrigation for
Ota Ranch Villa e Seven
Santa Luna Street Landscape and
Irrigation for
Ota Ranch Villa e Seven
S
$3,810,461.20
So''!i"(''~
SU@15626
$1,386,415.00
SU5017021
$424,773.00
SU5017022
10-94
ATTACHMENT (0
~
City Clerk
)
)
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)
)
)
)
)
)
)
)
)
)
)
)
)
)
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Above Space for Recorder's Use
OR-974F
RECORDING REQUEST BY:
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is
a conveyance to a public agency
of less than a fee interest for
which no cash consideration has
been paid or received.
FIRST AMENDED
OTA Y RANCH VILLAGE SEVEN "A" MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Amends Conditions 9)
This First Amendment to the Supplemental Subdivision Improvement Agreement for
Otay Ranch Village Seven "A" Map ("Agreement") is made this day of_, 2006, by
and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording
purposes only) and Otay Project, LP, a California Limited Liability Company, ("Developer" or
"Grantor"), with reference to the facts set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 05-
09, which project is commonly known as Otay Ranch Village Seven. For purposes of this
Agreement the term "Proj ect" shall also mean "Property".
B. Developer has applied for and the City has approved Tentative Subdivision Map
commonly referred to as Chula Vista Tract 05-09 ("Tentative Subdivision Map") for the
subdivision of the Property.
10-95
C. The City has adopted Resolution No. 2004-332 ("Resolution") pursuant to which
it has approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
D. The Developer has entered into a Supplemental Subdivision Improvement
Agreement for Otay Ranch Village Seven "A" Map ("Original Agreement")
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as follows:
SECTION I. That Paragraph Section 10, (Condition No.9) of the Original Agreement is hereby
amended, in its entirety, to read as follows:
Condition No.9 - (General Preliminary). In partial satisfaction of Condition No.9 of
the Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to
FEIR 04-06 and approved traffic report prepared by Linscott, Law & Greenspan ("LLG") dated
August 15, 2006, no more than 1000 building permits may be issued by the City within Otay
Ranch Village Seven prior to the construction of SR 125 between SR 54 and the International
Border. Notwithstanding the foregoing, the City may issue additional building permits if the City
Council, in its sole discretion, determines that each of the following conditions have been met:
(I) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2) traffic studies,
prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the
opening of SR-125 to Olympic Parkway provides additional capacity to mitigate the project's
cumulatively significant traffic impacts to a level below significance without exceeding GMOC
traffic threshold standards. Alternatively, the City may issue building permits if the City
Council, in its sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
SECTION II. Except as expressly provided herein all other provisions of the Original
Agreement shall remain in full force and effect.
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[PAGE ONE OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
OTAY RANCH VILLAGE SEVEN "A" MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City ofChula Vista
Attest:
Susan Bigelow
City Clerk
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
3
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[PAGE TWO OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
OTAY RANCH VILLAGE SEVEN "A" MAP]
DEVELOPERS/OWNERS:
OTAY PROJECT L.P.,
a California Limited Partnership
By: OTAY PROJECT, LLC.,
A California Limited Liability Company,
Its: General Partner,
By: OTAY RANCH DEVELOPMENT, LLC.
A Delaware Limited Liability Company
its Authorized Member
By:
Title:
By:
Title:
(ATTACH NOTARY ACKNOWLEDGEMENT
4
10-98
Exhibit" A"
Legal Description of Property
Lots I through 37 together with lots A through L of Chula Vista Tract No. 05-09, Otay Ranch
Village 7 "A" Map No. I according to Map thereof No. 15134 filed in the Office of the County
Recorder of San Diego County, State of California on September 27'h, 2005 as File No. 2005-
0836547 of Official Records.
J:\EngineerIAGENDAlAgreements\2006\Village 7-0RC SSIA 1st Amendment_8-22-06.doc
10-99
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FIRST
AMENDED SUPPLEMENTAL SUBDNISION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NO. 05-07 MCMILLIN OTAY
RANCH VILLAGE SEVEN "A" MAP
WHEREAS, Chula Vista Tract 05-07, McMillin Otay Ranch Village Seven "A" Map is a
170.I-acre project consisting of758 residential units ("Project"); and
WHEREAS, the Tentative Map was approved by the City Council on October 12, 2004
by Resolution No. 2004-331; and
WHEREAS, McMillin Otay Ranch, LLC ("Developer") entered into a Supplemental
Subdivision Improvement Agreement ("SSlA") to fulfill the Conditions of Approval for the
Proj ect; and
WHEREAS, Paragraph 10 of the SSlA (Condition of Approval No.9) states that the
Developer agrees that no more than 400 building permits may be issued by the City within Otay
Ranch Village Seven prior to the completion of SR 125 to the International Border; and
WHEREAS; upon a traffic study prepared by Linscott, Law & Greenspan ("LLG") dated
August 15,2006, concluded that there is an additional capacity of 600 dwelling units beyond the
initial 400 (a total oflOOO dwelling units) prior to the completion of SR 125 to the International
Border.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the First Amended Supplemental Subdivision Improvement Agreement for
Chula Vista Tract No. 05-07, McMillin Otay Ranch Village Seven "A" Map, a copy of which
shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval will remain in effect and run with the
land.
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
Leah Browder
Acting Director of Engineering
H:\ENGINEER\RESOSIRESOS2006\09-19-()6IRESO VILLAGE 7 MCMILLIN SSIA 1ST AMENDMENT.DOC
10-100
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
,~,~laOuJ
City Attorney
Dated: 8/16/06
First Amended McMillin Otay Ranch Village Seven
"A" Map SSIA (Amends Condition 9) CVT No. 05-07
10-101
RECORDING REQUEST BY:
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Above Space for Recorder's Use
OR-454F
City Clerk
WHEN RECORDED MAIL TO:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
No transfer tax is due as this is
a conveyance to a public agency
of less than a fee interest for
which no cash consideration has
been paid or received.
FIRST AMENDED
MCMILLIN OT A Y RANCH VILLAGE SEVEN "A" MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Amends Conditions 9)
This First Amendment to the Supplemental Subdivision Improvement Agreement for
McMillin Otay Ranch Village Seven "A" Map ("Agreement") is made this day of_,
2006, by and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for
recording purposes only) and McMillin Otay Ranch, LLC a Delaware Limited Liability
Company, ("Developer" or "Grantor"), with reference to the facts set forth below, which recitals
constitute a part of this Agreement:'
REeIT ALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 05-
07, which project is commonly known as McMillin Otay Ranch Village Seven. For purposes of
this Agreement the term "Project" shall also mean "Property".
B, Developer has applied for and the City has approved Tentative Subdivision Map
commonly referred to as Chula Vista Tract 05-07 ("Tentative Subdivision Map") for the
subdivision of the Property.
10-102
C. The City has adopted Resolution No. 2004-332 ("Resolution") pursuant to which
it has approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
D. The Developer has entered into a Supplemental Subdivision Improvement
Agreement for Otay Ranch Village Seven "A" Map ("Original Agreement")
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as follows:
SECTION I. That Paragraph Section 10, (Condition No.9) of the Original Agreement is hereby
amended, in its entirety, to read as follows:
Condition No.9 - (General Preliminary). In partial satisfaction of Condition No.9 of
the Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to
FEIR 04-06 and approved traffic report prepared by Linscott, Law & Greenspan ("LLG") dated
September 7, 2006, no more than 1000 building permits may be issued by the City within Otay
Ranch Village Seven prior to the construction of SR 125 between SR 54 and the International
Border. Notwithstanding the foregoing, the City may issue additional building permits if the City
Council, in its sole discretion, determines that each of the following conditions have been met:
(I) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2) traffic studies,
prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the
opening of SR-125 to Olympic Parkway provides additional capacity to mitigate the project's
cumulatively significant traffic impacts to a level below significance without exceeding GMOC
traffic threshold standards. Alternatively, the City may issue building permits if the City
Council, in its sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
SECTION II. Except as expressly provided herein all other provisions of the Original
Agreement shall remain in full force and effect.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES] .
2
10-103
[PAGE ONE OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
MCl\flLLIN OTAY RANCH VILLAGE SEVEN "A" MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City of Chula Vista
Attest:
Susan Bigelow
City Clerk
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
3
10-104
[PAGE TWO OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
MCMILLIN OTAY RANCH VILLAGE SEVEN "A" MAP]
DEVELOPERS/OWNERS:
McMillin Otay Ranch, LLC
a Delaware Limited Liability Company
By: McMillin Companies LLC
Its Managing Memb
By: f.
Titl~r
BY:~~.
Title: LIP.
(ATTACH NOTARY ACKNOWLEDGEMENTS)
4
10-105
}
STATE OF CALIFORNIA }ss.
COUNTY OF SAN DIEGO }
On September 11. 2006, before me, Ann M. Futo. Notary Public personally appeared
Todd Galarneau and Tom Tomlinson , 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 ho/sho/they executed the same in hiE:/hor/their
authorized capacity(ies), and that by hiE:/horltheir signature(s) on the instrument the person(s),
or the entity upon behalf of which the person(s) acted, executed the instrument
WITNESS my ~d "~O~'~ JJo
Signature LtJ u"--,,
E'">;" ANN M. fUTO
:< h;.l;T"'~ C~rnmiSSion # 1546838
2 ;~:~..:"'(,~~. O::;J NOiary P~bIiC . California ~
. " San Diego County
. MyCcmm. Expires Jon 23, 200
This arOla lor official notarial seal
10-106
NolaryForm-2
McMillin Companies
Exhibit "A"
Legal Description of Property
Lots 1 through 13 together with lots A through C of Chula Vista Tract No. 05-07, McMillin Otay
Ranch Village 7 "A" Map according to Map thereof No. 15014 filed in the Office of the County
Recorder of San Diego County, State of California on May 6th, 2005 as File No. 2005-0383257 of
Official Records.
J:\EngineerIAGENDAlAgreements\2006\ViIlage 7-McMiIlin SSIA 1st Amendment_8-22-06.doc
10-107
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING THE FIRST
AMENDED SUPPLEMENTAL SUBDMSION IMPROVEMENT
AGREEMENT FOR CHULA VISTA TRACT NO. 05-09 OTAY RANCH
VILLAGE SEVEN "A" MAP
WHEREAS, Chula Vista Tract 05-09, Otay Ranch Village Seven "A" Map is a 108.3-
acre project consisting of 375 residential units ("Project"); and
WHEREAS, the Tentative Map was approved by the City Council on October 12, 2004
by Resolution No. 2004-332; and
WHEREAS, Otay Project L.P. ("Developer") entered into a Supplemental Subdivision
Improvement Agreement ("SSIA") to fulfill the Conditions of Approval for the Project; and
WHEREAS, Paragraph 10 of the SSIA (Condition of Approval No.9) states that the
Developer agrees that no more than 400 building permits may be issued by the City within Otay
Ranch Village Seven prior to the completion ofSR 125 to the International Border; and
WHEREAS, upon'a traffic study prepared by Linscott, Law & Greenspan ("LLG") dated
August 15,2006, concluded that there is an additional capacity of 600 dwelling units beyond the
initial 400 (a total of 1000 dwelling units) prior to the completion of SR 125 to the International
Border.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista
does hereby approve the First Amended Supplemental Subdivision Improvement Agreement for
Chula Vista Tract No. 05-09, Otay Ranch Village Seven "A" Map, a copy of which shall be kept
on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that certain Supplemental Subdivision Improvement
Agreement for addressing on-going conditions of approval will remain in effect and run with the
land.
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
("
oore
t Attorney
HoIENGINEERIRESOSIRESOS2006\09-19-06IRESO VILLAGE 7 ORC SSlA ST AMENDMENT.DOC
10-108
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~"<^:Ji;\~ CLJ
~Attomey
Dated: 8/16/06
First Amended McMillin Otay Ranch Village Seven
"A" Map SSIA (Amends Condition 9) CVT No. 05-09
10-109
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
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Above Space for Recorder's Use
OR-974F
RECORDING REQUEST BY:
City Clerk
WHEN RECORDED MAIL TO:
No transfer tax is due as this is
a conveyance to a public agency
of less than a fee interest for
which no cash consideration has
been paid or received.
FIRST AMENDED
OT A Y RANCH VllLAGE SEVEN "A" MAP
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT
(Amends Conditions 9)
This First Amendment to the Supplemental Subdivision Improvement Agreement for
Otay Ranch Village Seven "A" Map ("Agreement") is made this day of---, 2006, by
and between THE CITY OF CHULA VISTA, California ("City" or "Grantee" for recording
purposes only) and Otay Project, LP, a California Limited Liability Company, ("Developer" or
"Grantor"), with reference to the facts set forth below, which recitals constitute a part of this
Agreement:
RECITALS
A. This Agreement concerns and affects certain real property located in Chula Vista,
California, more particularly described on Exhibit "A" attached hereto and incorporated herein
("Property"). The Property is within approved Tentative Subdivision Map Chula Vista Tract 05-
09, which project is commonly known as Otay Ranch Village Seven. For purposes of this
Agreement the term "Project" shall also mean "Property".
B. Developer has applied for and the City has approved Tentative Subdivision Map
commonly referred to as Chula Vista Tract 05-09 ("Tentative Subdivision Map") for the
subdivision of the Property.
10-110
C. The City has adopted Resolution No. 2004-332 ("Resolution") pursuant to which
it has approved the Tentative Subdivision Map subject to certain conditions as more particularly
described in the Resolution.
D. The Developer has entered into a Supplemental Subdivision Improvement
Agreement for Otay Ranch Village Seven "A" Map ("Original Agreement")
NOW, THEREFORE, in exchange for the mutual covenants, terms and conditions herein
contained, the parties agree as follows:
SECTION I. That Paragraph Section 10, (Condition No.9) of the Original Agreement is hereby
amended, in its entirety, to read as follows:
Condition No.9 - (General Preliminary). In partial satisfaction of Condition No.9 of
the Resolution, the Developer acknowledges and agrees that, in accordance with Addendum to
FEIR 04-06 and approved traffic report prepared by Linscott, Law & Greenspan ("LLG") dated
September 7, 2006, no more than 1000 building permits may be issued by the City within Otay
Ranch Village Seven prior to the construction of SR 125 between SR 54 and the International
Border. Notwithstanding the foregoing, the City may issue additional building permits if the City
Council, in its sole discretion, determines that each of the following conditions have been met:
(I) SR-125 is constructed and open between SR-54 and Olympic Parkway; and (2) traffic studies,
prepared to the satisfaction of the City Engineer and the City Council, demonstrate that the
opening of SR-125 to Olympic Parkway provides additional capacity to mitigate the project's
cumulatively significant traffic impacts to a level below significance without exceeding GMOC
traffic threshold standards. Alternatively, the City may issue building permits if the City
Council, in its sole discretion, has approved an alternative method to implement the City's
Growth Management Ordinance, as may be amended from time to time.
SECTION II. Except as expressly provided herein all other provisions of the Original
Agreement shall remain in full force and effect.
[NEXT PAGE IS PAGE ONE OF TWO SIGNATURE PAGES]
2
10-111
[PAGE ONE OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
OTAY RANCH VILLAGE SEVEN "A" MAP]
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day
and year first hereinabove set forth.
CITY OF CHULA VISTA
Stephen C. Padilla
Mayor of the City ofChula Vista
Attest:
Susan Bigelow
City Clerk
Ann Moore
City Attorney
[NEXT PAGE IS PAGE TWO OF SIGNATURE PAGES]
3
10-112
[pAGE TWO OF TWO SIGNATURE PAGES TO
SUPPLEMENTAL SUBDIVISION IMPROVEMENT AGREEMENT FOR
OTAY RANCH VILLAGE SEVEN "A" MAP]
DEVELOPERS/OWNERS:
OT A Y PROJECT L.P.,
a California Limited Partnership
By:
OT A Y PROJECT, LLC.,
A California Limited Liability Company,
Its: General Partner,
By:
By: OTA Y RANCH DEVELOPtvlENT, LLC.
A Delaware Limited Liability Company
~mh-""~d M=""
"~~
Viff" F'~
Title:
By:
Title:
(ATTACH NOTARY ACKNOWLEDGEMENT
4
10-113
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
I
County of
s;: -- JO, '(f'
} 55,
State of California
"
On~p#--&... /3 '1--()Ob before me, M..a>-<-
I Dahl /
personally appeared /~ ~
hhc-,
il,
,I
Namll(S)of S/ql'1er(s)
s-pS'rsonally known to me
o proved to me on the basis of satisfactory
evidence
l~. - - ~f~~- t
:S .. NotaIV PuI:dIc - CcIICmIa !
! San etego Coun1v i
i ... ~ _ ~:~m~~res_~13.:2~
to be the perso~ whose name(g). is/_
subscribed to the within instrument and
acknowledged to me that he/she/~ecuted
the same in his/herittTeir authorized
capacity(i<as), and that by his/mmtheir
signaturets) on the instrument the person(o), or
the entity upon behaif of which the person(s)-
acted, executed the instrument.
SS my hand and offi ai,
nature of Notary Public:
OPTIONAL
Though the information below is not required by law, it may prove valuable to persons relying on the document and GOuld prevent
fraudulent removal and reattachment of this form to another document.
Description of Attached Document
litle or Type of Document:
Document Date:
Number of Pages:
Signer(s) Other Than Named Above:
Capacity(ies) Claimed by Signer
Signer's Name:
o Individual
o Corporate Officer - litle(s):
o Partner - 0 Limited 0 General
o Attorney-in-Fact
o Trustee
o Guardian or Conservator
o Other.
Tap 01 thumb here
Signer Is Representing:
= 1999 Na~onal NolaryAsscciallan' 9350 De SOlO Ava., P.O. Box 2402' ChalSWOrth, CA 91313-2402' www.nationalnolary.org
Prod. No. 59<l7
Allorder: Call TolI.Fru 1-S0o-87&-!l821
10-114
Exhibit "A"
Legal Description of Property
Lots I through 37 together with lots A through L of Chula Vista Tract No. 05-09, Otay Ranch
Village 7 "A" Map No. I according to Map thereof No. 15134 filed in the Office of the County
Recorder of San Diego County, State of California on September 27th, 2005 as File No. 2005-
0836547 of Official Records.
J:\Engineer\AGENDA\Agreements\2006\Village 7-0RC SSlA 1st Amendment_9-J9_06.doc
10-1"15
COUNCIL AGENDA STATEMENT
Item
Meeting Date
II
09/19/06
ITEM TITLE:
Resolution Accepting Bids and Awarding a Contract for the Traffic
Signal Installation at the Intersection of Greens gate Drive and North Greensview
Drive (Tf-320) to Southwest Traffic Signal Services Incorporated and
Appropriating Funds from the available balance of the Traffic Signal Fund
SUBMITTED BY: Acting Director ofEngineering~Q.-f!'~
~
REVIEWED BY: Interim City Manager JI (4/5ths Vote: Yes..K. No->
The traffic signal installation at the subject intersection was approved and budgeted as part of the FY
05/06 Capital Improvement Program (ClP). Tonight, the City Council will consider authorizing
additional appropriation of traffic signal funds in the amount of$1 0,000 to the TF -320 project from the
cost savings of various Traffic ClP projects completed and closed inFY 06/07. The scope of the project
includes the installation of a fully actuated traffic signal system and other necessary work needed to
complete the project.
RECOMMENDATION: That Council adopt the resolution and authorize the appropriation of
additional $10,000 to TF-320 project from the available balance of the Traffic Signal funds.
BOARDS/COMMISSIONS: Not applicable.
DISCUSSION:
This traffic signal installation project was originally required by the EastIake Greens SPA approval.
The project is funded by the Traffic Signal Fund and was programmed for Fiscal Year 2006. The
project will install a traffic signal system at the intersection of Greens gate Drive and North Greensview
Drive.
The intersection at Greensgate Drive and North Greensview Drive is a three-way intersection situated in
the eastern part ofChula Vista. This intersection is adjacent to the EastIake Golf Course (located on the
eastside of North Greensview) and Chula Vista Community Park (located along Eastlake Parkway, the
next intersection to the west). This intersection is also within close proximity to Eastlake High School
and Library, EastIake Village Shopping Center, and Olympic View Elementary School. The scope of
work is summarized in Attachment I.
O~l~1l:.__1,~.l..~90~_~.i.~~w':::!:..E.~ei ":~.9 fr'?~~ fog~.~I}.$..~.?!!!!~c~or~:_._._.___.....___.._,__...._._,
i Contractor I Bid Amount 1.
~ .-
i 1. SouthwestTraffic Signal Services (EI Cajon, CA) i $114,100 !
...~.."---'----:---"-"-"------"-'-'-"-'--"'----'-----"-..-...-'------------..--.-.-----.--------...~..; .-.-.------.--.--------------..--.--.-----e
i 2. Hl\1S Construction, Incorporated (San Marcos, CA), $114,417 ,
13. T & M Electric dba Perry Electric (Santee, CA) . . ,--------- $118,350 ------;
...r- -.-.-------.----.-----.-.---.- .---------------.-----------.-.-----.-- -.---- -'.....-.-.-...---.-..-..-------.--.--..-----------...----II
14- Lekos Electric, Incorporated (EI Cajon, CA) , $124,500 I
".-----,.--------------------~l
I 5 - Select Electric (Spring Valley, CA) r $126,800 I
.iu''''''''="''"'''''"''.,~,.,.'''''"''''''_'=~um..''''~~..........._=_''''''""'',.....~'''''''.._"..._''''''''''...''''""..........'"=.....''''.."m''''''''',..,.'''''"''.~...''u"''''_m"'''...'''.'''"''=~,_"''''''''',u'''=....-.-..=,==,~"=.",.~.....".-~..,=.."",...~.......=.,,"'''''..
11-1
Page 2, Item
Meeting Date
II
09/19/06
The low bid, submitted by Southwest Traffic Signal Services is above the engineer's estimate of
$110,850 by $3,250 (2.8 %). Staff conducted an interview with the contractor's references and has
received favorable comments indicating satisfactory performance on traffic signal and street light
projects.
In order to comply with the TF-320 project specification that states, "...The award, if made, will be
made within (60) sixty days after the opening of the bids," staff has mailed a letter to \he Contractor
requesting to extend and secure the bid proposal item costs from 60 days to 90 days. Since the bid
opening on July 12, 2006, it would be (68) sixty-eight days before the award on September 19, 2006.
The Contractor has responded to the request and agreed to extend and secure the bid proposal.
Disclosure Statement: The Contractor's Disclosure Statement is provided as Attachment 2.
Environmental Status: The Environmental Review Coordinator has reviewed the proposed activity
for compliance with the California Environmental Quality Act (CEQA) and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because it
will not result in a physical change to the environment; therefore, pursuant to Section 15060(c)(3) of
the State CEQA Guidelines the activity is not subject to CEQA. Thus, no environmental review is
necessary.
DECISION MAKER CONFLICTS: Staffhas reviewed the property holdings ofthe City Council and
has found no property holdings within 500 feet of the intersection at Greensgate Drive and North
Greensview Drive, which is the subject ofthis action.
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
Contract Amount (Southwest Traffic Signal Services, EI Cajon) , 114,100 i
A. I $
B. 10% Contingencies $ 11,410
C. Total Expenses as of June 30, 2006 (Staff and Advertising Costs) $ 17,750
,
D. Construction and Admin Staff Costs $ 16,740 ~
-
TOT~~D~~~D F~~~_'!'~ECTION $ 160,000.00 ij
......-..""""""'"
-'""1
I
i $ 150,000 il
~ 10,000 ~
_J $ 160,000.00 I
'--"'
i FUNDS AVAILABLE FOR CONSTRUCTION
~ A. Traffic Signal Fund
I B. Additional Appropriation - Traffic Signal Fund
l TOT ~_~1'lDS AVAILABLE FOR CONSTRUCTION
Staff time estimated for the design ofTF -320 project has increased as staffaddressed issues related to
the bid submittals. From six Traffic CIP projects completed and closed in FY06/07, staffhas returned
approximately $110,005 back into the traffic signal fund. Therefore, we request that the City Council
authorize staffto appropriate an additional $10,000 from the available balance of the traffic signal fund
11-2
Page 3, Item
Meeting Date
II
09/19/06
to TF-320 project required for the completion of the project so that the existing 10% construction
contingency amount of $11 ,41 0 remain available during the construction phase.
There is no impact to the General Fund for construction. Construction will be entirely funded from
Traffic Signal funds. Upon completion of construction, normal annual signal energy and maintenance
costs are estimated to be $4,500 for the intersection.
Attachments:
Attachment I: Scope of Work Summary for projects TF-320
Attachment 2: Contractor's Disclosure Statement
Attachment 3: Capital Improvements Program Detail
J: IEngineerlA GENDA ICAS2006\09-19-06\TF320Al13.mlcm.doc
11-3
Attachment 1
Scope of Work Summary
Proiects TF-320,
Furnish and Install:
.
Mast Arms
New Traffic Signal Standards on New Foundations
Signal Light Emitting Diode (LED) Indications
Pedestrian Push Button
Internally Dluminated Street Name Signs (IISNS)
Meter Pedestal, Uninterruptible Power Supply (UPS) Unit
Interconnect Cable
Signal Controller and Cabinet
Emergency Vehicle Pre-Emption (EVPE) System
Wiring
Conduits
Pull Boxes
Video Detection System
Signs
.
.
.
.
.
.
.
.
.
.
.
.
.
Other Work:
. Traffic Control
. Removal and Disposal, Protection and Restoration of Existing Improvements
. Sandblasting of Existing Striping and Resurfacing Pavement
. 18" Gravity Retaining Wall for the Controller Cabinet/Meter Pedestal Slope Protection
. Construction of all Appurtenances and other Miscellaneous W ork Necessary to make the
Traffic Signal Systems Complete and Operational.
11-4
ATTACHMENT :)..
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters that will require discretionary action
by the Council, Planning Commission and all other official bodies of the City, a statement of disclosure of
certain ownership or financial interests, payments, or campaign contributions for a City of Chula Vista
election must be filed. The following information must be disclosed:
1. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
(}.Jov-e....
2. If any person* identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $2000 investment in the business (corporation/partnership) entity.
3. If any person * identified pursuant to (1) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary Or
trustor of the trust.
4. Please identifY every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
9v~
5.
Has any person* associated with this contract had any financial dealings with an official**:;!fl'e
City ofChula Vista as it relates to this contract within the past 12 months? Yes_ No_
IICitywide2000lhomelEngineer\TRAFFICIACAD
320Specs.doc
15
DwgslSTANDARD DWGS
(ACAD)ICIP PROJECTSITF320ITF_
11-5
If Yes, briefly desenoe the nature of the financial interest the official"" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? No v'yes _ If yes, which Council member?
7. Have you provided more than $340 (or an item of equivalent value) to an official** of the City
of Chula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No ....-
IfY 05, which official"* and what was the nature of item provided?
Date: "1 -I" - OS-
(h~
Signature of Contractor/Applicant
1I"1>12-~o-L- 13 .Q.~
Print or type name of Contractor/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social
club, fraternal organization, corporation, estate, trust, receiver, syndicate, aily other county,
city, municipality, district, or other political subdivision, -or any other group or combination
acting as a unit.
**
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member of a board, commission, or committee of the City, employee, or staff members.
16
IICitywide2000lhomelEngineerlTRAFFIClACAD DwgslST ANDARD DWGS (ACAD)ICIP PROJECTSITF320ITF-
320Specs.doc
11-6
ATTACHMENT 3
CITY OF CHUlA VISTA
CAPITAL IMPROVEMENTS PROGRAM DETAIL
CIPNO: TFJ20 NEW CIP NO 24563200 INITIALLY SCHEDULED: 07/0112004
TITLE: Traffic Signal Installation at Greensgate Drive and Greensview DEPARTMENT: Engineering I Traffic
Drive
COMMUNITY PLAN AREA: Eastern PROJECT MANAGER: Lombardo DeTrinidad
PROJECT TOTAL
COST ESTIMATES: APPROPRIATIONS FY 2005~O6 FY 2006-01 FY 2007-00 FY 200D-09 FY 2009-10
TOTAL THRU 2004-05
1. Planning I Env. Review $0 SO SO SO SO SO SO
2. Land Acquisition $0 . SO $0 SO SO SO SO
3. Design S20,000 $0 S20 000 $0 $0 SO SO
4. ConslrucUon S130,000 SO S130,000 SO SO SO $0
TOTALS $150,000 SO SI50,OOO $0 $0 $0 $0
FINANCING SOURCES:
SIGNAL I $ 1 50,000 SO I S150,OOO SO I $0 I SO I SO
TOTALS: J S150,000 I $0 I -.L $150,000 SO -.l SO I SO SO
~
~
I
-..J
DESCRIPTION: Installation oCa fully actuated traffic signal system.
JUSTIFICATION: Intersection is within close proximity to the EastLake Golf Course, Olympic View Elementary School,
EastLake High School. a park and a shopping center. This intersection is ranked No. J J on the Traffic Signal
Priority List.
SCHEDULING: Estimated design completion in FY 05/06 wHh construcilon to begin shortly thereafter.
STATUS: In design.
BUDGET EFFECT: Annual operational and maintenance costs are estimated to be S4,500.
I,..
~
N
290
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS AND A WARDING A
CONTRACT FOR THE TRAFFIC SIGNAL INSTALLATION
AT THE INTERSECTION OF GREENSGA TE DRIVE AND
NORTH GREENS VIEW DRIVE (TF-320) TO SOUTHWEST
TRAFFIC SIGNAL SERVICES INCORPORATED AND
APPROPRIATING FUNDS FROM THE AVAILABLE
BALANCE OF THE TRAFFIC SIGNAL FUND
WHEREAS, the traffic signal installation at the intersection of Greensgate Drive and
North Greensview Drive was approved and budgeted as part of the FY 05/06 Capital
Improvement Program [CIP] and was approved for funding from the Traffic Signal Fund in
Fiscal Year 2006; and
WHEREAS, the City of Chula Vista [City] issued a Request for Proposals for the traffic
signal installation and five bids were received; and
WHEREAS, the low bid, submitted by Southwest Traffic Signal Services [Southwest], is
above the engineer's estimate of$110,850 by $3,250 (2.8 %); and
WHEREAS, due to staff addressing issues related to the bid submittals, there is an
increase of staff costs; and
WHEREAS, there are sufficient funds available in the Traffic Signal Fund; and
WHEREAS, staff requests that $10,000 of these savings be appropriated to fund the
increase in construction costs and staff costs; and .
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act and has determined that the
activity is not a "Project" as defined under Section 15378 of the State CEQA Guidelines because
it will not result in a physical change to the environment; therefore, pursuant to Section
15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City ofChula Vista
that it accepts bids and awards the contract in the amount of $114,100 for the Traffic Signal
Installation (TF-320) project to Southwest Traffic Signal Services, Incorporated.
11-8
Resolution No. 2006-
Page 2
BE IT FURTHER RESOLVED by the City Council of the City of Chula Vista that it
appropriates $10,000 to Project TF-320 from the available balance of the Traffic Signal Fund.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
,,-!j3~j t?JA~
Ann Moore
City Attorney
J:\Attorney\ELlSA \RESQS\Reso TF320 Traffic Signal 09-19~06.doc
11-9
COUNCIL AGENDA STATEMENT
Item /?-
Meeting Date 9/19/06
ITEM TITLE:
Resolution authorizing the appropriation of interest earned from the
2004 Certificate of Participation (Civic Center Project - Phase I) in the
arnount of $449,554 to the Civic Center Complex Capital Improvement
Project (GG139)
Director of General serv~jY'
Director of Finance
. 4/
CIty Manager 4 (4/5ths Vote: Yes -X N 0 ~
SUBMITTED BY:
REVIEWED BY:
The City Council previously approved CIP project GG-139 which involved the renovation of the
Civic Center Complex. On August 3, 2004 City Council approved by Resolution 2004-266 a
financing plan for Component A of the project appropriating $15,955,550 from bond proceeds
and $3,000,000 from the Public Facility Development Impact Fund (PFDIF).
Phase I, City Hall, is now complete and in an effort to expend trustee funds in a timely manner
(including interest), it has become necessary to appropriate the interest earned to the project for
expenditures incurred.
RECOMMENDATION: That Council adopt the resolution and authorize the appropriation of
interest earned from the 2004 Certificate of Participation (Civic Center Project - Phase I) in the
amount of $449,554 to the Civic Center Complex Capital Improvement Project (GG 139).
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The financing for the proj ect is broken down into the three phases consistent with the three
phases of the Civic Center Complex renovation/construction plan and was budgeted accordingly.
The existing appropriation to the Civic Center Complex project was intended to cover budgeted
costs of the first phase of the proj ect.
At the completion of Phase I, it was identified that interest earned was available, but not yet
appropriated to the project for expenditure. In the interest of spending those funds in a timely
manner (within three years time) and offsetting costs that would otherwise be charged to the
Public Facility Development Impact Fund (PFDIF) staff is recommending at this time that the
interest be appropriated to the proj ect as necessary to cover the fmal expenditures to Phase I
including but not limited to the final billing of Phase I from the Design Builder, Highland
Partnership, Inc. and eligible recoverable staff time. Please note that although there were
expenditures for future phases that occurred in Phase I, the overall project costs for Phase I were
completed within budget.
12-1
Page 2, Item ) 9-
Meeting Date 9/16/06
DECISION MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council and has found a conflict exists, in
that Councilrnember Jerry Rindone has holdings within 500 feet of the boundaries of the
property which is the subj ect of this action.
FISCAL IMPACT:
Tonight's approval will authorize the appropriation of interest earned from the 2004 Certificate
of Participation (Civic Center Project - Phase I) in the amount of $449,554 to the Civic Center
Complex Capital Improvement Project (GG139) as intended.
Attachment( s): 1. Interest Earned
M:\General Services\GS Administration\Council Agenda\Civic Center\FY06 Interest Appropriation\2006 Interest Appropriation.doc
12-2
ATTACHMENT I
CITY OF CHULA VISTA
2004 CERTIFICATE OF P ARTICIP ATION (CIVIC CENTER PROJECT - PHASEI)
7N04-6/30/06
INTEREST EAR.c'fED
DATE
DESCRIPTION
PROJECT
FUND
325542
Beginning Balance 07/01/04
0.00
10/04/04 Dividend - BNY Hamilton Trsy Money Fd #741
10/14/04 Received -Interestfor Sept Fr: GIC
11/02/04 Dividend - BNY Hamilton Trsy Money Fd #741
12/02/04 Dividend - BNY Hamilton Trsy Money Fd #741
12/06/04 Interest -Invst Earning from GIC
01/04/05 Dividend - BNY Hamilton Trsy Money Fd #741
02/02/05 Dividend - BNY Hamilton Trsy Money Fd #741
02/14/05 Interest\Purchase BNYHamilton TRSY-Receipt
03/02/05 Dividend - BNY Hamilton Trsy Money Fd #741
04/04/05 Dividend - BNY Hamilton TrsyMoney Fd #741
04/11/05 Interest Earning From GIC
05/03/05 Dividend - BNY Hamilton Trsy Money Fd #741
06/02/05 Dividend - BNY Hamilton Trsy Money Fd #741
06/13/05 Interest -Invst Earning from GIC
06/13/05 Interest -Invst Earning from GIC
07/05/05 Dividend-BNY Hamilton TRSY
08/02/05 Dividend-BNY Hamilton TRSY
08/12/05 Purchase BNY Hamilton TRSY
09/02/05 Dividend-BNYHamilton TRSY
10/04/05 Dividend-BNY Hamilton TRSY
10/25/05 Transfer to project fund 325542 - Delivery Cost Bal.'
11/02/05 Dividend-BN'Y Hamilton TRSY
12/02/05 Interest - BN'Y Hamilton TRSY
12/09/05 Wire received fr transfer to pay acct#3225543
01/04/06 Dividend-BNY Hamilton TRSY
02/02/06 Dividend-BNY Hamilton TRSY
03/02/06 Dividend-BNY Hamilton TRSY
04/04/06 Dividend BNY Hamilton TRSY
05/02/06 Dividend BNY Hamilton TRSY
06/02/06 Dividend BNY Hamilton TRSY
1,902.59
25,621.20
1,771.39
2.48
48,782.59
4.76
3.19
51,268.51
42.71
2.83
169,637.79
8.99
10.10
38,607.12
37,479.55
4.32
18.00
61,660.77
101.60
154.28
11,173.72 .
175.88
208.02
1.00
200.94
166.00
250.72
67.84
113.41
111.82
Grant Total Of Interest Earned Ahd Adjustments
449,554.12
'Note: Delivery cost balance transfer included
12-3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AUTHORIZING THE
APPROPRIATION OF INTEREST EARNED FROM THE
2004 CERTIFICATE OF PARTICIPATION (CIVIC
CENTER PROJECT - PHASE I) IN THE AMOUNT OF
$449,554 TO THE CIVIC CENTER COMPLEX
CAPITAL IMPROVEMENT PROJECT (GGl39)
WHEREAS, the City Council previously approved Capital Improvement Project
GG-139, which involved the renovation of the Civic Center Complex; and
WHEREAS, on August 3, 2004, the City Council approved by Resolution 2004-
266 a financing plan for Component A of the project appropriating $15,955,550 from
bond proceeds and $3,000,000 from the Public Facility Development Impact Fund
(PFDIF); and
WHEREAS, Phase I, City Hall, is now complete and in an effort to expend trustee
funds in a timely manner (including interest), it has become necessary to appropriate the
interest earned to the proj ect for expenditures incurred; and
WHEREAS, at the completion of Phase I, it was identified that interest earned
was available, but not yet appropriated to the project for expenditure; and
WHEREAS, in the interest of spending those funds in a timely manner (within
three years time) and offsetting costs that would otherwise be charged to the PFDIF, staff
is recommending at this time that the interest be appropriated to the project as necessary
to cover the final expenditures to Phase I including, but not limited to, the final billing of
Phase I from the Design Builder, Highland Partnership, inc., and eligible recoverable
staff time.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby authorize the appropriation of interest earned from the 2004
Certificate of Participation (Civic Center Project- Phase I) in the amount of $449,554 to
the Civic Center Complex Capital Improvement Project (GG 139).
Presented by
Approved as to form by
Maria Kachadoorian
Director of Finance
tf
J:\Attomey\RESO\FINANCE\appropriation of interest earned from 2004 CofP.doc
12-4
COUNCIL AGENDA STATEMENT
Item L
Meeting Date 09/19/06
ITEM TITLE:
Resolution Waiving the bidding process as impractical and awarding
the agreement for Graffiti Removal Services to San Diego Urban Corps for
the period of October 1,2006 to June 30, 2007 and authorizing the Mayor to
execute the Agreement
SUBMITTED BY: Director OfPub/orks Operations ?~f..r
. . ,}
REVIEWED BY: CIty Manager (/ (4/5 Vote: Yes_ No-X-J
The San Diego Urban Corps provides on-the-job training to young adults from disadvantaged inner-
city communities, including Chula Vista. Therefore, to assist with its fight against the proliferation
of graffiti, the City is partnering with the San Diego Urban Corps to assist with graffiti eradication
and recommends waiving, as impractical, the normal bidding process under provision 2.56.070 of the
Chula Vista Municipal Code. This project was approved as part of the FY07 budget process at an
annual cost of approximately $50,000.
BOARD/COMMISSION RECOMMENDATION: N/A
RECOMMENDATION: That City Council adopt the Resolution waiving the bidding process as
impractical and awarding the agreement for Graffiti Removal Services to San Diego Urban Corps for
the period of October 1, 2006 to June 30, 2007 and authorizing the Mayor to execute the Agreement.
DISCUSSION:
To assist with its fight against the proliferation of graffiti, the City is partnering with San Diego
Urban Corps to assist with graffiti eradication. Under the proposed agreement, the San Diego Urban
Corps will be assigning a two-person crew, working two days a week, eight hours per day
maintaining various "hot spots" throughout the city whereby graffiti occurs on a regular basis. A
sample of these "hot spots" is provided below:
. 1-5 Freeway (from Main Street to E Street).
. I-80S Freeway (from Main Street to E Street).
. Bay Shore Bike Path.
. Flood Control Channels (G Street, H Street, and J Street)
The San Diego Urban Corps' vehicles will be equipped with paint, rollers, and sprayers to paintover
graffiti where it cannot be removed by pressure washing. When pressure washing is required, these
13-1
rS
Page 2, Item_
Meeting Date 09/19/06
vehicles are equipped with a power-blasting gun and a wastewater reclamation unit utilized to
reclaim the water used to remove said graffiti.
The cost for graffiti removal services is fixed for the first year (10/1/06 - 6/30/07). Thereafter, the
agreement may be extended by mutual consent for four (4) additional, one-year option periods.
Adjustments during the second through fifth year will be based upon the All Urban Consumers/All
Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the
Bureau of Labor Statistics, for the preceding twelve month period, (CPI increase), up to a maximum
of 5% per year.
Decision Maker Conflict.
Not Applicable. Staffhas reviewed the decision contemplated by this action and has determined that
it is not site specific and consequently the 500 foot rule found in California Code of Regulations
section I 8704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT:
A total of$50,000 has been budgeted in FY07 to pay for graffiti removal services for the first year.
The impact to the General Fund will be approximately $50,000 annually.
Attachment:
Agreement with the San Diego Urban Corps
C:\Documents and Settings\robertb\My Documents\Bob\Agenda Statement - Urban Corps Agreement.doc
13-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE BIDDING PROCESSING AS
IMPRACTICAL AND AWARDING THE AGREEMENT FOR
GRAFFIT REMOVAL SERVICES TO SAN DIEGO URBAN
CORPS FOR THE PERIOD OF OCTOBER 1, 2006, TO
JUNE 30, 2007, Al'lD AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
WHEREAS, the San Diego Urban Corps provides on-the-job training to young adults from
disadvantaged inner-city communities, including Chula Vista; and
WHEREAS, to assist with its fight against the proliferation of graffiti, the City of Chula
Vista is partnering with San Diego Urban Corps to assist with graffiti eradication and recommends
waiving, as impractical, the normal bidding process under provision 2.56.070 of the Chula Vista
Municipal Code; and
WHEREAS, this project was approved as part of the FY07 budget process at an annual cost
of approximately $50,000;
WHEREAS, under the proposed agreement, the San Diego Urban Corps will be assigning a
two-person crew, working two days a week, eight hours per day, maintaining various "hot spots"
throughout the City whereby graffiti occurs on a regular basis; and
WHEREAS, the cost for graffiti removal services is fixed for the first year (8/1/06 -
6/30/06). Thereafter, the agreement may be extended by mutual consent for four (4) additional, one-
year option periods; and
WHEREAS, adjustments during the second through fifth year will be based upon the All
Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index,
as published by the Bureau of Labor Statistics, for the preceding twelve month period (CPI
increase), up to a maximum of 5 percent per year; and
WHEREAS, a total of $50,000 has been budgeted in FY07 to pay for graffiti removal
services for the first year. There is no direct fiscal impact from approving this resolution in that
funds expended for subsequent fiscal years will have been.-approved through the normal budget
process.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista does
hereby award the agreement for graffiti removal services to San Diego Urban Corps for the period of
October 1,2006, to June 30, 2007.
13-3
RESOLUTION NO. 2006-
Page 2
BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby
authorized and directed to execute said agreement on behalf of the City.
Presented by
Approved as to form by
Dave Byers
Director of Public Works
~'lC~ \'\.'l~
Ann Moore
City Attorney
J :\Attomey\RESO\AGREEMENTS\San Diego Urban Corps 1_ 09. 1 9-06.doc
13-4
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
~ "M \\ \'C\a \f-k~\
Sharon Marshall
Dated~~ 1(-'1 y" '2<" <:::::l ,~
/
Agreement between City of Chula Vista
and Urban Corps of San Diego
for Graffiti Clean-up Services to be
Conducted at Various Locations
13-5
Agreement between
City of Chula Vista
and
Urban Corps of San Diego
for Graffiti Clean-up Services to be
C01;1ducted at Various Locations
This agreement ("Agreement"), dated October 1, 2006 for the purposes of reference only,
and effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph I is between the City as is indicated on Exhibit A, paragraph 2 [City], whose business
form is set forth on Exhibit A, paragraph 3, and the Urban Corps of San Diego [Urban Corps]
indicated on the attached Exhibit A, paragraph 4, as Vendor, whose business form is set forth on
Exhibit A, paragraph 5.
REeIT ALS
WHEREAS, the City Council has determined that vandalism and the defacement of property
from graffiti is inimical to and destructive of the rights and values of property owners as well as the
total community; and,
WHEREAS, the City Council has determined the swift removal or painting over of graffiti
in combination with criminal prosecution of the persons who create the graffiti is the most effective
way of combating this very serious problem; and,
WHEREAS, in order to meet the graffiti eradication goals of the City, the most frequently
targeted areas in the City have been designated as "hot spots" and require frequent surveillance to
insure immediate removal of new graffiti; and
WHEREAS, City work crews are unable to provide all ofthe maintenance needs for these
designated "hot spots"; and,
WHEREAS, Urban Crops provides graffiti removal services and j ob training opportunities;
and,
WHEREAS, Urban Corps 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 Urban Corps to City
within the time frame provided in this Agreement all in accordance with the terms and conditions of
this Agreement;
NOW, THEREFORE, BE IT RESOLVED that the City and Urban Corps do mutually agree
as follows:
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
13-6
Page 1
1. The Urban Corps's Duties
A. General Duties
Urban Corps 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 the "General Duties", Urban Corps shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A,
Paragraph 8, within the time frames set forth, time being of the essence of this Agreement. The
General Duties and the work and deliverables required in the Scope ofW ork and Schedule shall be
referred to in this Agreement as the "Defined Services". Failure to complete the Defined Services by
the times indicated does not, except at the option of the City, and operate to terminate this
Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Urban Corps, from time to time reduce the
Defined Services to be performed by the Urban Corps under this Agreement. Upon doing so, City
and Urban Corps 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 set forth in this Agreement, City may require
Urban Corps to perform additional graffiti removal services related to the Defined Services
("Additional Services"), and upon doing so in writing, if they are within the scope of services
offered by Urban Corps, Urban Corps shall perform same on a time and materials basis at the rates
set forth in the "Rate Schedule" in Exhibit A, Paragraph II (C), unless a separate fixed fee is
otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Urban Corps, 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.
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
13-7
Page 2
F. Insurance
Urban Corps represents that it and its agents, staff and any sub-vendors employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverage, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval ofthe City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in
the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance coverage
in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by Urban Corps, which names City as an Additional
Insured, and which is primary to any policy which the City may otherwise carry ("Primary
Coverage"), and which treats the employees of the City in the same manner as members of the
general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates ofInsurance.
Urban Corps, shall demonstrate proof of coverage required by this Agreement, prior
to the commencement of services required under this Agreement, by delivery of
Certificates of Insurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional
Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Urban Corps Commercial General Liability
Insurance Policy, Urban Corps shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the Risk Manager.
H. Business License
Urban Corps agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
13-8
Page 3
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Urban Corps for the purpose of reviewing the progress ofthe
Defined Services and Schedule contained in this Agreement, 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 Urban Corps throughout the term of the Agreement. In addition to access when
necessary, City agrees to provide the information, data, items and materials set forth on Exhibit A,
Paragraph 10, and with the further understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the
Urban Corps' performance of this Agreement.
B. Compensation
Upon receipt of a properly prepared billing from Urban Corps submitted to the City
periodically as indicated in Exhibit A, Paragraph 11, but in no event more frequently than monthly,
on the day of the period indicated in Exhibit A, Paragraph 11, City shall compensate Urban Corps
for all services rendered by Urban Corps according to the terms and conditions set forth in
Exhibit A, Paragraph 11, adjacent to the governing compensation relationship, subject to the
requirements for retention set forth in paragraph 15 of Exhibit A.
All billings submitted by Urban Corps shall contain sufficient information as to the propriety
ofthe billing to permit the City to evaluate that the amount due and payable pursuant to the billing is
proper, and shall specifically contain the City's account number indicated on Exhibit A,
Paragraph 15 (C) to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals ("Contract Administrators") indicated on Exhibit A,
Paragraph 13, as that party's contract administrator who is authorized by the party to represent them
in the routine administration of this Agreement.
4. Term
This Agreement shall terminate when the Parties have complied with all executory
provisions of the Agreement.
5. Hold Harmless
The Urban Corps shall defend, indemnifY, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys fees) arising out of or alleged by third parties to be
the result of the negligent acts, errors or omissions or the willful misconduct of the Urban Corps, and
Urban Corps' employees, subcontractors or other persons, agencies or firms for whom Urban Corps
is legally responsible in connection with the execution of the work covered by this Agreement,
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
13-9
Page 4
except only for those claims, damages, liability, costs and expenses (including without limitations,
attorneys fees) arising from the sole negligence or sole willful misconduct of the City, its officers,
employees. Also covered is liability arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the City, its agents, officers, or employees
which may be in combination with the active or passive negligent acts or omissions of the Urban
Corps, its employees, agents or officers, or any third party.
The Urban Corps'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. The Urban Corps's obligations under this Section
shall not be limited by any prior or subsequent declaration by the Urban Corps. The Urban Corps'
obligations under this Section shall survive the termination of this Agreement.
6. Termination of Agreement for Cause
If, through any cause, the Urban Corps fails to fulfill in a timely and proper manner the
Urban Corps' obligations under this Agreement, or if the Urban Corps 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 the Urban Corps of such termination and specifying the
effective date of the termination at least five (5) days before the effective date of such termination.
In that event, all finished or unfinished documents, data, reports and other materials prepared by the
Urban Corps shall, at the option of the City, become the property of the City, and the Urban Corps
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 the Notice of Termination, not to
exceed the amounts payable under this Agreement, and less any damages caused City by the Urban
Corps' breach.
7. Errors and Omissions
In the event the City Administrator determines that the Urban Corps' 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, the Urban Corps shall
reimburse City for any additional expenses incurred by the City. Nothing in this paragraph is
intended to limit City's rights under other provisions of this Agreement.
8. 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 the Urban Corps of such termination and specifying the effective date of the termination, at
least thirty (30) days before the effective date of such termination. In that event, all finished and
unfinished documents and other materials described above shall, at the option ofthe City, become
City's sole and exclusive property. If the Agreement is terminated by City as provided in this
paragraph, the Urban Corps 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. The Urban Corps expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth in this Agreement.
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
13-10
Page 5
9. Assignability
The services of the Urban Corps are personal to the City, and the Urban Corps 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.
10. Ownership, Publication, Reproduction and Use of Material
All reports, information, data, statistics 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 the Urban Corps 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 or other materials or properties produced under this
Agreement.
II. Independent Contractor
City is interested only in the results obtained and the Urban Corps 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 the Urban Corps'
work products. The Urban Corps and any of the Urban Corps' agents, employees or representatives
are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement benefits, worker's compensation benefits,
injury leave or other leave benefits. Therefore, City will not withhold state or federal income tax,
social security tax or any other payroll tax, and the Urban Corps shall be solely responsible for the
payment of same and shall hold the City harmless with regard thereto.
12. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this Agreement, against the City unless a
claim has first been presented in writing and filed with the City and acted upon by the City in
accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as it
may from time to time be amended, the provisions of which are incorporated by this reference as if
fully set forth in this Agreement, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, the Urban Corps shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
Urban COIpS of San Diego Agreement: Graffiti
September 5, 2006
13-11
Page 6
13. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the
prevailing party shall be entitled to a judgment against the other for an amount equal to reasonable
attorney's fees and court costs incurred. The "prevailing party" shall be deemed to be tbe party who
is awarded substantially the relief sought.
14. Statement of Costs
In the event that the Urban Corps prepares a report or document, or participates in the
preparation of a report or document in performing tbe Defined Services, the Urban Corps shall
include, or cause the inclusion of, in said report or document, a statement ofthe numbers and cost in
dollar amounts of all contracts and subcontracts relating to the preparation of the report or document.
15. Miscellaneous
A. The Urban Corps not authorized to Represent City
Unless specifically authorized in writing by City, the Urban Corps shall have no authority to
act as City's agent to bind City to any contractual agreements whatsoever.
B. 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 in this Agreement as the places of business for each of the designated
parties.
C. Entire Agreement
This Agreement, together with any other written document referred to or contemplated in tbis
Agreement, embody the entire Agreement and understanding between the parties relating to the
subject matter ofthe Agreement. Neither this Agreement nor any provision ofthe Agreement 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.
D. Capacity of Parties
Each signatory and party to the Agreement 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.
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
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Page 7
E. 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 to Chula Vista as possible. Venue for this Agreement, and performance
under the Agreement, shall be the City ofChula Vista.
Urban Corps of San Diego Agreement Graffiti
September 5, 2006
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Page 8
Signature Page
to
Agreement between
City ofChula Vista
and
Urban Corps of San Diego
for Graffiti Clean-up Services to be
Conducted at Various Locations
IN WITNESS WHEREOF, City and the Urban Corps have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to
its terms:
CITY OF CHULA VISTA
URBAN CORPS OF SAN DIEGO
By:
By:
Stephen C. Padilla, Mayor
Sam Duran, Director
Dated:
Dated:
Attest:
Susan Bigelow, City Clerk
Dated:
Approved as to form by:
Ann Moore, City Attorney
Dated:
Exhibit List to Agreement
(X) Exhibit A
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
13-14
Page 9
Exhibit A
to
Agreement between
City ofChula Vista
and
Urban Corps of San Diego
1. Effective Date of Agreement: October 1, 2006
2. City-Related Entity:
(X) City ofChula 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:
form]
, a [insert business
3. Place of Business for City:
City ofChula Vista,
276 Fourth Avenue
Chula Vista, CA 91910
4. Vendor:
Urban Corps of San Diego
5. Business Form of Urban Corps:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Urban Corps:
3127 Jefferson Street
San Diego, CA 92110
Phone (619) 235-6884
Fax: ()
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
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Page 10
7. General Duties:
The Urban Corps shall perform graffiti eradication and clean up of assigned areas in the city.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
Urban Corps shall:
(1) Maintain graffiti "hot spots" which will be designated in advance by the
City. Maintenance means all graffiti in designated "hot spots" will be
removed or painted over on the same day the site is inspected and it is
determined that clean-up or removal of graffiti is necessary.
(2) Provide a Graffiti Removal Crew (Crew) of two (2) Corps members working
two (2) days per week, (Monday and Thursday), either (8) hours per day or
per the schedule that best meets the needs of the City of Chula Vista.
(3) The Urban Corps project manager will meet with the designated City
representative to receive instruction on locations and schedules for graffiti
inspection and removal.
(4) "Self generate" the necessary work in these locations by inspecting the
locations for graffiti and removing graffiti found during the course of the
inspections. The Crew will report each incidence of graffiti to the project
manager or supervisor/specialist before removal or eradication action is
taken. The project manager will identify the appropriate methods for graffiti
removal for each particular site and insure that over-spray is prevented and
the work site is left clean.
(5) Provide all necessary tools and equipment.
(6) Provide a monthly report to the City detailing actions ofthe Crew.
(7) Provide a database to log daily inspection activities as actions are taken. The
Project Manager will update this database on a daily basis. The database shall
include the following information:
. Date and time graffiti site was inspected
· Date and time graffiti was removed
. Surface type and size of graffiti site
. Location of removal
. Name of Urban Corps member (s) removing graffiti
. Name of personnel logging the information
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
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Page 11
(8) The following equipment and methods are to be used by the Urban Corps for
the removal of graffiti;
. Power Blasting Gun - The power-blasting gun will only be used
to remove graffiti and other hard to remove substances from the
sidewalk during the day. During spraying, a wastewater
reclamation unit will be used to reclaim water used.
. Painting - The Urban Corps' trucks will be equipped with paint
and roll brushes as well as paint sprayers to paint over graffiti
where graffiti cannot be removed by either chemical cleaning or
pressure washing. The Urban Corps shall apply paint, which
reasonably matches the existing base surface(s), and which
provides a complete covering of the graffiti markings made by
spray paint, marking pens, crayons, or other common defacing
materials. The removal of paint cover shall not leave shadows or
ghost, and shall not follow the pattern ofthe graffiti such that the
letters or similar shapes remain apparent on the surface after the
paint, marker, scratches, posters, stickers, or similar graffiti
markings have been removed.
· Chemical Cleaning - Only environmentally safe chemicals,
solvents and materials will be used to remove graffiti. The Urban
Corps shall provide Material Data Safety sheets to the City of all
chemicals the Urban Corps uses to remove graffiti in the City of
Chula Vista. Listed chemicals cannot be used for graffiti removal
until approved by the City. Chemical cleaning will only be used
where power washing or painting is not effective.
B. Date for Commencement of the Urban Corps Services:
(X) Same as Effective Date of Agreement
C. Date for completion of all Urban Corps services:
Services are to be provided by the Urban Corps on a time-and-materials basis
through June 30, 2007. Upon a determination by City staff that the Urban Corps has
satisfactorily performed the required services during Fiscal Year 2006-2007 and
upon subsequent approval by the City Manager, this Agreement may be extended if
City so elects in its sole discretion up through Fiscal Year 2008-2009, in one-year
increments, upon the same terms and conditions contained in this Agreement.
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
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Page 12
9. Insurance Requirements:
The Urban Corps must procure insurance against claims for injuries to persons or damages to
property that may arise from or in connection with the performance of the work under the
Agreement and the results of that work by the Urban Corps, his agents, representatives, employees
or subcontractors and provide documentation of same prior to commencement of work. The
insurance must be maintained for the duration of the contract.
Minimum Scope ofInsurance
Coverage must be at least as broad as:
I. Insurance Services Office Commercial General Liability coverage (occurrence Form
CGOOOI).
2. Insurance Services Office Form Number CAOOOI covering Automobile Liability,
Code I (any auto).
3. Worker's Compensation insurance as required by the State of California and
Employer's Liability Insurance.
4. Professional Liability or Errors & Omissions Liability insurance appropriate to the
Urban Corps's profession. Architects' and Engineers' coverage is to be endorsed to
include contractual liability.
Minimum Limits of Insurance
The Urban Corps must maintain limits no less than:
I. General Liability:
(Including operations,
products and completed
operations, as
applicable.)
2. Automobile Liability:
3. Workers' Compensation
Employer's Liability:
4. Professional Liability or
Errors & Omissions
Liability:
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
$1,000,000 per occurrence for bodily injury, personal injury
and property damage. If Commercial General Liability
insurance with a general aggregate limit is used, either the
general aggregate limit must apply separately to this
project/location or the general aggregate limit must be twice
the required occurrence limit.
$1,000,000 per accident for bodily injury and property damage.
Statutory
$1,000,000 each accident
$1,000,000 disease-policy limit
$1,000,000 disease-each employee
$500,000 each occurrence
$1,000,000 policy aggregate
13-18
Page 13
Deductibles and Self-Insured Retentions
Any deductibles or self-insured retentions must be declared to and approved by the City. At
the option of the City, either the insurer will reduce or eliminate such deductibles or self-
insured retentions as they pertain to the City, its officers, officials, employees and
volunteers; or the Urban Corps will provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claims administration, and
defense expenses.
Other Insurance Provisions
The general liability, automobile liability, and where appropriate, the worker's compensation
policies are to contain, or be endorsed to contain, the following provisions:
I. The City ofChula Vista, its officers, officials, employees, agents, and volunteers are
to be named as additional insured with respect to liability arising out of automobiles
owned, leased, hired or borrowed by or on behalf of the Urban Corps, where
applicable, and, with respect to liability arising out of work or operations performed
by or on behalf of the Urban Corps including providing materials, parts or equipment
furnished in connection with such work or operations. The general liability additional
insured coverage must be provided in the form of an endorsement to the Urban
Corps's insurance using ISO CG 2010 (11/85) or its equivalent. Specifically, the
endorsement must not exclude Products/Completed Operations coverage.
2. The Urban Corps's General Liability insurance coverage must be primary insurance
as it pertains to the City, its officers, officials, employees, agents, and volunteers.
Any insurance or self-insurance maintained by the City, its officers, officials,
employees, or volunteers is wholly separate from the insurance of the Urban Corps
and in no way relieves the Urban Corps from its responsibility to provide insurance.
3. Each insurance policy required by this clause must be endorsed to state that coverage
will not be canceled by either party, except after thirty (30) days' prior written notice
to the City by certified mail, return receipt requested.
4. Coverage shall not extend to any indemnity coverage for the active negligence of the
additional insured in any case where an agreement to indemnifY the additional
insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code.
5. The Urban Corps' insurer will provide a Waiver of Subrogation in favor of the City
for each required policy providing coverage during the life of this Agreement.
If General Liability, Pollution and/or Asbestos Pollution Liability and/or Errors & Omissions
coverage are written on a claims-made form:
I. The "Retro Date" must be shown, and must be before the date ofthe contract or the
beginning of the contract work.
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
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Page 14
2. Insurance must be maintained and evidence of insurance must be provided for at
least five (5) years after completion of the contract work.
3. If coverage is canceled or non-renewed, and not replaced with another claims-made
policy form with a "Retro Date" prior to the contract effective date, the Urban Corps
must purchase "extended reporting" coverage for a minimum of five (5) years after
completion of contract work.
4. A copy of the claims reporting requirements must be submitted to the City for
review.
Acceptability of Insurers
Insurance is to be placed with licensed insurers admitted to transact business in the State of
California with a C11ITent A.M. Best's rating of no less than "A, Class V". If insurance is
placed with a surplus lines insurer, insurer must be listed on the State of California List of
Eligible Surplus Lines Insurers (LESLI) with a C11ITent A.M. Best's rating of no less than "A,
Class X". Exception may be made for the State Compensation Fund when not specifically
rated.
Verification of CoveraB:e
The Urban Corps shall furnish the City with original certificates and amendatory
endorsements effecting coverage required by this clause. The endorsements should be OJ!
insurance industry forms, provided those endorsements or policies conform to the Agreement
requirements. All certificates and endorsements are to be received and approved by the City
before work commences. The City reserves the right to require, at any time, complete,
certified copies of all required insurance policies, including endorsements evidencing the
coverage required by these specifications.
10. Materials Required to be Supplied by City to the Urban Corps:
(I) A list of work locations and maps showing all the "hot spots" where
eradication of graffiti needs to be performed.
II. Compensation.
A. (X) Single Fixed Fee Arrangement.
F or performance of all of the Defined Services by Urban Corps 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: $49.500.00, payable as follows:
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September 5, 2006
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() I. The City shall make monthly payments to Urban Corps upon receipt of a
properly prepared billing containing sufficient information regarding services
completed in the previous month.
12. Contract Administrators:
City: Dave Byers, Director of Public Works Operations
Department of Public Works Operations
1800 Maxwell Road
Chula Vista, CA 91911
Telephone: (619) 397-6055
Fax: (619) 397-6254
Urban Corps: Sam Duran, Director
Urban Corps of San Diego
3127 Jefferson Street
San Diego, CA 92110
Telephone: (619) 235-6884
13. Liquidated Damages Rate:
( )$_perday.
( ) Other:
14. Statement of Economic Interests, Urban Corps Reporting Categories, per Conflict ofInterest
Code:
(X) Not Applicable. Not an FPPC Filer.
15. Bill Processing:
A. The Urban Corps's billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of the Urban Corps's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
( ) Other:
C. City's Account Number: 30120-6301
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September S, 2006
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Page 16
16. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Urban Corps sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $ 4.950
Retention Release Event:
Delivery and Acceptance of Reports to the satisfaction of the Director of
Public Works Operations
Urban Corps of San Diego Agreement: Graffiti
September 5, 2006
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Page 17
COUNCIL AGENDA STATEMENT
Item -H
Meeting Date 9/19/06
ITEM TITLE:
Resolution establishing a new capital improvement project
(CIP) entitled "Mount San Miguel Community Park (PR260)" amending
the FY07 Capital Improvement Program.
Resolution approving a Design Build Agreement with
Erickson-Hall Construction Co. for the design and construction ofMt. San
Miguel Community Park, located in the San Miguel Ranch neighborhood
of the City of Chula Vista, appropriating funds therefore and authorizing
Mayor to execute said agreement.
SUBMITTED BY: Director of General ~~.
~
REVIEWED BY: City Manager JI
(4/5ths Vote: Yes -X- No~
The City Council previously approved by Resolution No. 2004-044 the Master Plan for Mt. San
Miguel Community Park, which conceptually designed and provided for the construction of a
completed and fully functional 19-acre park. On June 17, 2003 the Council approved a
resolution establishing a Design-Build Priority List excluding fire facilities to be used in
awarding Design-Build contracts for future City projects. On May 19, 2006 an RFP (Request for
Proposal) was issued to all of the Design-Build firms on the Priority List to prepare proposals for
the design and construction of a completed and fully functional 19-acre park, Mt. San Miguel
Community Park. The resolution before council this evening will establish the project and award
Erickson-Hall Construction Co. a Design Build Agreement for the provision of services required
to design and construct Mt. San Miguel Community Park and appropriate funds to a capital
improvement project (PR260) that will enable the design phase of the project to commence and
authorizing Mayor to execute said Agreement.
RECOMMENDATION: That the City Council approve the establishment of a new capital
improvement project (CIP) entitled "Mount San Miguel Community Park (PR260)" amending
the FY07 Capital Improvement Program and awarding a Design Build Agreement with Erickson-
Hall Construction Co. for the design and construction of Mt. San Miguel Community Park,
appropriating funds in the amount of $840,386 to capital improvement project (PR260) from the
available balance of the Park Acquisition Development (PAD) fund which will enable the design
phase of the project to commence and authorizing Mayor to execute said Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
14-1
Page 2, Item I It
Meeting Date 9/19/06
BACKGROUND:
On May 19, 2006, in accordance with Section 2.57 of the Chula Vista Municipal Code, the City
requested proposals from all the Design Build firms on the priority list for services to design and
construct a fully functional 19-acre park, Mt. San Miguel Community Park. Two of the firms
submitted proposals. They were PCL Construction Services, Inc. and Erickson-Hall
Construction Co. Based on the proposals, Erickson-Hall Construction Co. was selected as the
Design Builder with extensive construction experience for this type of project and who could
best meet the City's development schedule, monetary and time criteria of the project.
The D/B Team of Erickson-Hall Construction Co. and Schmidt Design Group offers an excellent
combination of design and construction expertise for this type of project. The City has been
pleased with the work of Erickson-Hall Construction Co. and their ability to complete projects
on time and on budget as demonstrated with the City's following capital improvement projects:
Fire Station No. 4 addition, Fire Station No. 2 storage facility, Fire Station No. 6 and most
recently the completion of Harborside Park and Mountain Hawk Park. Schmidt Design Group
has extensive knowledge of Mt. San Miguel Community Park, as they are the architectural firm
that prepared the Mt. San Miguel Community Park Master Plan, which will provide continuity
into the design phase of this project.
DESIGN/BUILD
Staff is recommending the City enter into an agreement with Erickson-Hall Construction Co. for
the provision of services required to design and construct Mt. San Miguel Community Park. The
design/build process includes functions that are quite different from the design/bidlbuild process
typically used for City construction projects.
The design/build process employs a single entity, either a general contractor or an architect,
which provides both design and construction services. In the typical scenario, a design/build
oriented general contractor provides the design and construction services. Alternatively, an
architectural firm may provide the design services and hire the general contractor on a consulting
basis for the construction phase. In this later scenario, the architectural firm will be held
responsible for all aspects of the project. In the case of Mt. San Miguel Community Park, the
design/build process will place sole responsibility for delivery of the project upon Erickson-Hall
Constmction Co., a general contractor. Erickson-Hall Constmction Co. will subcontract for the
design and consulting services, and trade contracts during the construction phase. Generally
utilization of a design/build process will provide savings in cost and time because the entire
project is managed and constructed by a single entity, thereby eliminating the difficulties of
dealing with multiple entities and overhead on one project.
The design/build process provides the City the flexibility to work with the best contractors in the
County, as it does not necessarily require award to the lowest responsible bidder.
14-2
Page 3, Item n
Meeting Date 9/19/06
PROJECT SCOPE AND CONTRACTUAL REOUIREMENTS
As proposed, the Design/Build Agreement with Erickson-Hall Construction Co. will provide the
City with a fully functional 19-acre park that will be located in the San Miguel Ranch
neighborhood and will provide service to residents of that community as well as other residents
of the City. The scope of work includes but is not limited to the following:
Design and construct for the City a fully functional 19-acre park as outlined in the "Mt.
San Miguel Community Park, Approved Master Plan", dated February 10, 2004 (Master
Plan). The park shall include, but not be limited to all components described in the
Master Plan. The Project is located in the San Miguel Ranch neighborhood, north of
Mount Miguel Road, west of Pas eo Veracruz Street in the City ofChula Vista.
Erickson-Hall Construction Co. shall perform all services, work, and obligations as described
necessary to provide a fully completed and functional Proj ect, which shall include design
services, general conditions and construction management for the not to exceed amount of
$5,841,067. At 90% construction documents a Guaranteed Maximum Price (GMP) will be
established as part of the agreement, which will include, but not be limited to, the cost for all
labor, equipment, and material to design and build a fully 19-acre park in accordance with all
applicable building codes. Staff will return to Council for approval of the GMP. At that same
time, Staff will also request that Council appropriate the necessary funds from the Park
Acquisition and Land Development Fund.
CHANGE ORDERS
Under the designlbuild process, change orders are handled differently than under the
designlbid/build process. Change orders are only returned for Council approval if they exceed
the approved GMP, or are for additional work requested by the City, which results in a
significant change to the original scope. Otherwise, change orders are reviewed/approved by
staff and the design builder. This practice is commonplace when using the designlbuild
construction technique.
PROJECT COMPLETION DATES
Erickson-Hall Construction Co. has agreed and the contract reflects the following completion
dates:
· Substantial Completion: No later than March 28, 2008.
Substantial Completion shall be that stage in the progress of the construction when all
Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City can fully utilize entire Project; Substantial Completion shall
further mean that all goods, services and systems to be provided under the terms and
conditions of the Construction Documents are in place and have been initially tested, and
are operationally functional, subject only to final testing, balancing and adjustments and
normal Final Completion punch list Work.
14-3
Page 4, Item A
Meeting Date 9/19/06
. Final Completion shall occur at the conclusion of construction when all Work on the
Proj ect is sufficiently complete in accordance with the Construction Documents so that
City can fully occupy and utilize entire project; Final Completion shall further mean that
all goods, services and systems be provided under the terms and conditions of the
Construction Documents are in place and have been tested, and are operationally
functional.
ENVIRONMENTAL STATUS
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed project
was adequately covered in previously adopted San Miguel Ranch Sectional Planning Area (SPA)
Plan and Subsequent Tentative Map Final Environmental Impact Report 97-02 (EIR 97-(2) and
associated Addendum. Thus, no further environmental review or documentation is necessary.
DECISION MAKER CONFLICTS
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries ofthe property which is the subject of this action.
FISCAL IMPACT:
Approval of the first resolution will establish a new capital improvement project (CIP) entitled
"Mount San Miguel Community Park (PR260)" amending the FY07 Capital Improvement
Program.
The second resolution will award a Design Build agreement to Erickson-Hall Construction Co.
and appropriate $840,386 from the available balance of the Park Acquisition and Land
Development fund to the new CIP, PR260 for expenditure. Erickson-Hall Construction Co. shall
perform design services, general conditions, and construction management for the not to exceed
amount of $640,386. This appropriation will provide the necessary funds to complete the design
phase for the new Mt. San Miguel Community Park capital improvement project including the
cost of preliminary geotechnical testing and City staff costs. The design phase costs are broken
down as follows:
Description Amount
Design Builder design services, generai conditions & construction 640,386.00
management
City Oversight
Design Phase Staff Costs 50,000.00
Geotech/special inspection services 150,000.00
Total Design Phase Project Costs 840,386.00
At 90% complete construction documents a Guaranteed Maximum Price (GMP) will be
established as part of the agreement, which will include, but not be limited to, the cost for all
labor, equipment, and material to design and build a fully functionall9-acre park in accordance
14-4
Page 5, Item I, L-\-
Meeting Date 9If9Io6
with all applicable building codes. The total estimated Project costs are $6,235,000 and are
broken down as follows: Master Plan; $96,245 (completed), Design and Construction;
$5,841,067 and furniture, fixtures, equipment, specialty consultants, contingencies and staff
time; $298,688. It should be noted that all PAD funds have been collected and are sufficient to
cover the cost of the proj ect. Staff will return to Council for approval of the GMP, which shall
not exceed $5,841,067, once the construction documents reach 90% completion. At the same
time, staff will request that Council appropriate additional funds from the Park Acquisition and
Land Development Fund to construct the project.
Upon completion of the project, Public Works Operations will acquire an annual on-going cost
of $10,700 per acre.
Attachment(s): Attachment 1 - Design/Build Agreement
J:\General Services\GS Administration\Council Agenda\Mount San Miguel Park\San Miguel Comrrnmity Park DBA Al13.doc
14-5
RESOLUTION NO. 2006-
RESOLUTION ESTABLISHING A NEW CAPITAL
IMPROVEMENT PROJECT (CIP) ENTITLED "MOUNT
SAN MIGUEL COMMUNITY PARK (PR260)"
AMENDING THE FY07 CAPITAL IMPROVEMENT
PROGRAM.
WHEREAS, the City Council previously approved by Resolution No. 2004-044 the
Master Plan for Mt. San Miguel Community Park, which conceptually designed and provided for
the construction of a completed and fully functional 19-acre park; and
WHEREAS, on May 19, 2006 an RFP (Request for Proposal) was issued to all of the
Design-Build firms on the Priority List to prepare proposals for the design and construction of a
completed and fully functional 19-acre park, Mt. San Miguel Community Park.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby establish a new capital improvement project (CIP) entitled "Mount San
Miguel Community Park (PR260)" amending the FY07 Capital Improvement Program.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
J:\Attomey\RESO\FINANCE\Mount San Miguel Community Park_PR260 ~09-19-06.doc
14-6
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A DESIGN BUILD
AGREEMENT WITH ERICKSON-HALL CONSTRUCTION
CO. FOR THE DESIGN AND CONSTRUCTION OF MT.
SAN MIGUEL COMMUNITY PARK, LOCATED IN THE
SAN MIGUEL RANCH NEIGHBORHOOD OF THE CITY
OF CHULA VISTA, APPROPRIATING FUNDS
THEREFORE AND AUTHORIZING MAYOR TO
EXECUTE SAID AGREEMENT.
WHEREAS, the City Council previously approved by Resolution No. 2004-044 the
Master Plan for Mt. San Miguel Community Park, which conceptually designed and provided for
the construction of a completed and fully functional 19-acre park; and
WHEREAS, on June 17, 2003 the Council approved a resolution establishing a Design-
Build Priority List excluding fire facilities to be used in awarding Design-Build contracts for
future City projects; and
WHEREAS, on May 19, 2006 an RFP (Request for Proposal) was issued to all of the
Design-Build firms on the Priority List to prepare proposals for the design and construction of a
completed and fully functional 19-acre park, Mt. San Miguel Community Park; and
WHEREAS, two firms submitted proposals. They were PCL Construction Services, Inc.
and Erickson-Hall Construction Co. Based on the proposals, Erickson-Hall Construction Co.
was selected as the Design Builder with extensive construction experience for this type of project
and who could best meet the City's development schedule, monetary and time criteria of the
proj ect; and
WHEREAS, the D/B Team of Erickson-Hall Construction Co. and Schmidt Design
Group offers an excellent combination of design and construction expertise for this typ'e of
project.
WHEREAS, Erickson-Hall Construction Co. shall perform all services, work, and
obligations as described necessary to provide a fully completed and functional Project, which
shall include design services, general conditions and construction management for the not to
exceed amount of $640,386; and
WHEREAS, staff will return to Council for approval of the GMP once the construction
documents reach 90% completion. At that same time, staff will also request that Council
appropriate the necessary funds from the Park Acquisition and Land Development Fund. This
appropriation will provide the necessary funds to complete the design phase for the new Mt. San
Miguel Community Park capital improvement project including the cost of preliminary
geotechnical testing and City staff costs. The design phase costs are broken down as follows:
14-7
Resolution No. 2006-
Page 2
Description Amount
Design Builder design services, general conditions & construction 640,386.00
management
City Oversight:
Design Phase Staff Costs 50,000.00
Geotech/speciai inspection services 150,000.00
Total Design Phase Project Costs 840,386.00
WHEREAS, the total estimated Project costs are $6,235,000 and are broken down as
follows: Master Plan; $96,245 (completed), Design and Construction; $5,841,067 and furniture,
fixtures, equipment, specialty consultants, contingencies and staff time; $298,688. It should be
noted that all PAD funds have been collected and are sufficient to cover the cost of theproj ect;
and
WHEREAS, the designlbuild process will place sole responsibility for delivery of the
project upon Erickson-Hall Construction Co., a general contractor; and
WHEREAS, staff recommends that the City enter into a Design Build Agreement with
Erickson-Hall Construction Co. for the provision of services required to design and construct Mt.
San Miguel Community Park; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the proposed project was adequately covered in previously adopted San Miguel Ranch Sectional
Planning Area (SPA) Plan and Subsequent Tentative Map Final Environmental Impact Report
97-02 (EIR 97-02) and associated Addendum. Thus, no further environmental review or
documentation is necessary.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the design build agreement with Erickson-Hall Construction Co. for
the design and construction of Mt. San Miguel Community Park, located in the San Miguel
Ranch neighborhood of the City of Chula Vista, appropriating funds appropriating funds in the
amount of $840,386 to capital improvement project (PR260) from the available balance of the
Park Acquisition Development (PAD) fund which will enable the design phase of the project to
commence and authorizing Mayor to execute said agreement.
Presented by
Approved as to form by
Jack Griffin
Director of General Services
~ 't"fbu
lty ~~~~ey
J:\Attomey\RESO\AGREEMENTS\Design Build Erickson-Hall (Mt. San Miguel ParkL09-19-06.doc
14-8
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~~ft-~ /Juu
Ann Moo
City Attorney
Dated:
q ~41cx"
I .
Design Build Agreement Between the City of Chula Vista and
Erickson-Hall Construction Co. for
Mt. San Miguel Community Park
14-9
DESIGN/BUILD AGREEMENT
This Agreement is made and entered into this 19th day of September, 2006, by and
between THE CITY OF CHULA VISTA (herein "City"), a municipal corporation, and
Erickson-Hall Construction Co. ("Design Builder or O/B"). City and D/B are sometimes
hereinafter referred to as Parties ("Parties").
RECITALS
and
WHEREAS, the project, Mt. San Miguel Community Park, is a new facility to the City,
WHEREAS, the City of Chula Vista, in an on-going effort to expand the services to
the community, has planned for Mt. San Miguel Community Park located in the San Miguel
Ranch community neighborhood of the City of Chula Vista; and
WHEREAS, the Environmental Review Coordinator has reviewed the proposed
project for compliance with the California Environmental Quality Act (CEOA) and has
determined that the proposed project was adequately covered in previously adopted San
Miguel Ranch Sectional Planning Area (SPA) Plan and Subsequent Tentative Map Final
Environmental Impact Report 97-02 (EIR 97-02) and associated Addendum. Thus, no
further environmental review or documentation is necessary; and
WHEREAS, on April 17, 2003 Building and Park Construction issued a Request for
Qualifications (RFQ), Pursuant to S 2.57 of the City's Municipal Code, Design Build
services to design and construct needed City facilities, excluding fire facilities, and
WHEREAS, on June 17, 2003 the Council approved a resolution establishing a
Design-Build Priority List to be used in awarding Design-Build contracts for future City
projects, excluding fire facilities, and
WHEREAS, on May 19, 2006, Pursuant to S 2.57 of the City's Municipal Code, an
RFP (Request for Proposal) was issued to seven Design-Build firms off the Priority List to
present proposals, and
WHEREAS, two respondents submitted proposals and based upon the review of
each proposal, Design Builder was selected as the respondent who best met the design,
monetary and time criteria of the project with whom City could negotiate an agreement; and
NOW THEREFORE, in <::onsideration of the mutual promises and covenants
contained herein:
THE PARTIES AGREE:
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Section 1:
General Scope of Work to Be Performed by D/B
1,1 In accordance with the terms set forth in this Agreement and the RFQ for
Design Build Services excluding Fire Stations and RFP for Mt. San Miguel
Community Park (Exhibit 1), D/B shall design and constructfor the City: a completed
and fully functional community park, The park shall include, but not be limited to all
components outlined and described in the attached document entitled Mt. San
Miguel Gommunity Park Master Plan (Exhibit 1) (referred to hereafter as "Projecr),
The Project is located in the San Miguel Ranch community neighborhood of the City
of Chula Vista,
1,2 The services to be provided by D/B are generally to be performed in four
"Phases"; the services to be provided in each Phase are specified elsewhere in this
Agreement. The services provided by the D/B shall include, but not be limited to, all
services outlined and described in this agreement and those within Exhibit 1,
1,3 The D/B shall:
1,3,1 Perform all services, work and obligations as described herein for
the Guaranteed Maximum Price (GMP), which shall include Design
Services and General Conditions necessary to provide a fully
completed and functional Project. D/B shall perform all Design
Services and General Conditions for the not to exceed amount of
$640,386, At 100% complete construction documents a GMP will
be established pursuant to Section 13 of this Agreement, which will
include, but not limited to, the cost for all labor, equipment, and
material to design and build a fully functional community park in
accordance with all applicable rules, regulations, and laws, The D/B
fee, bond and insurance costs are based on hard construction costs
as outlined in the Design Build Fee Structure (Exhibit 2), Any costs
incurred by D/B in excess of said GMP shall be the sole
responsibility of the O/B, unless a change order is approved by the
City pursuant to Sections 9 and 14 of this agreement. All funds
remaining in the GMP at the completion of the project shall belong to
the City,
1,3,2 Substantial Completion:
Achieve "Substantial Completion" (as defined in S 16,1) no later than
March 28, 2008,
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1.3.3 Achieve "Final Completion" (as defined in S 16.2) No later than June
28, 2008.
Section 2, General Obliaations of Citv.
2.1 City shall be obligated as follows:
2.1.1 Designate a representative (or representatives) who is authorized to
act on behalf of City with respect to the Project, except as to those
decisions specified herein or by law that require authorization by the
Chula Vista City Council;
2.1.2 Make decisions with reasonable promptness to avoid delay in the
orderly progress of D/B's services per the Detailed Construction
Schedule (DCS);
2.1.3 Pay for and cause to be completed all necessary environmental
studies and obtain environmental approvals and/or permits with
reasonable promptness to avoid delay to the orderly progress of
D/B's performance per the DCS;
2.1.4 At the request of D/B, City will use its best efforts to provide D/B with
any available information about the Project Site geotechnical soil
conditions; it will, however, be the responsibility of D/B to take all
reasonable steps to verify all such information as it deems necessary
to perform its services under this Agreement. City does not warranty
to D/B the accuracy or completeness of any such information.
2.1.5 Cooperate with D/B in identifying, processing and securing required
permits, licenses and inspections in a timely fashion; however, this
duty to cooperate does not relieve D/B of its primary obligations to
identify, apply for and secure all necessary permits (except as
provided in 2.1.3), licenses and inspections in a timely manner.
2.1.6 Make payments to D/B in the amounts and in accordance with the
terms set forth below.
2.1.7 Issue Certificate of Substantial Completion when City reasonably
determines the Project has achieved Substantial Completion as
defined below in Section 16.1.
2.1.8 Issue a Notice of Acceptance when City reasonably determines the
Project has achieved Final Completion as defined in Section 16.2.
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2.2 Clt\! Review Process. City shall review Design Development Drawings
(ODD's), 50% Construction Drawings (CD's), 75% CD's ,90% CD's and
100% CD's which shall allow construction of Project in conformity with the
Approved Master Plan for the Project. .
2.2.1 Foreach D/B submission, City shall have fifteen (15) working days
to review, approve, conditionally approve or deny.
Section 3: General Oblio.ations of D/B
3.1 D/B shall be obligated as follows:
3.1.1 At all times in performing its services under this Agreement to design
and deliver the best possible Project consistent with standard of care
in Section 3.3 that satisfies the time, monetary, quality and design
parameters set forth in this Agreement;
3.1.2 Design and construct the Project on time, consistent with time
frames set forth in the DCS, and in such a manner that the GMP or
Contract Time of the Project shall not be exceeded, but if D/B
reasonably believes that any action, inaction, deCision or direction by
City or agent for the City will likely result in the GMP or Contract
Time being exceeded or the Project being completed late, D/B will
notify City at Project Team meeting and in writing within five (5)
calendar days of 'discovering such action, inaction, decision, or
direction. Included in such notice will be an estimate of the cost and
time impact resulting from such action, inaction, decision or direction.
D/B shall provide complete and accurate pricing within ten (10)
calendar days of said discovery.
3.1.3 Perform, or obtain the prior written consent of the City to subcontract
all design services for the Project utilizing qualified, licensed and
sufficiently experienced architects, engineers and other
professionals (herein jointly "Design Consultants") as identified in
Exhibit 3. D/B shall not be permitted to substitute any Design
Consultant unless authorized by City. The fact that the City approves
the subcontracting of any such services will in no way relieve the D/B
of any of its obligations or responsibilities under this Agreement;
3.1.4 Perform all construction on the Project utilizing subcontractors
appropriately licensed by the California Contractors State License
Board or other required agency;
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3.1.5 Perform all services as expeditiously as is consistent with
reasonable skill and care and shall complete the services within
each and all of the time periods set forth in this Agreement;
3.1.6 Comply with the California Fair Employment and Housing Act and all
other State, Federal and local laws including, but not limited to, those
prohibiting discrimination, on account of race, color, national origin,
religion, age, sex or handicap;
3.1.7 Study all applicable laws, codes, ordinances, rules, orders,
regulations, and statutes affecting the Project, including but not
limited to, zoning, environmental, building, fire and safety codes and
coverage, density and density ratios and lien laws, and comply with
them in performance of its services. Dig shall ensure that within the
established GMP that the Project conforms to all applicable federal,
state and local laws, statutes, ordinances, rules, regulations, orders
or other legal requirements, (collectively "Governmental
Requirements") existing as of the date of this Agreement. However,
the City recognizes that Governmental Requirements and their
interpretations by governmental officials ("Code Authority") are often
subject to change at any time, even after issuance of a building
permit. If, after the date of this Agreement, modifications to the
Project are required because of a change in Governmental
Requirements or their interpretation by a Code Authority which had
not previously been given, or which if given, was different than a
prior interpretation of a Code Authority, Dig shall make the required
modifications to comply with the same. However, in the event of
such an occurrence, the GMP and Contract Time may be subject to
an adjustment in accordance with Section 14. Nothing contained in
this paragraph shall relieve Dig of its obligations to modify the
Project at its own expense where Dig has failed to construct the
Project in compliance with Governmental Requirements applicable
as of the date of this Agreement.
3.1.8 Take all reasonable steps during the course of the Project so as not
to interfere with the ongoing operation of the adjacent residences,
businesses and facilities, including but not limited to the following:
3.1.8.1 Not interfere with pedestrian and vehicular access;
3.1.8.2 Control dust and noise in accordance with the provisions in
Section 7-8.1 of the 2000 Edition of the Standard
5
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Specifications for Public Works Construction, City
Ordinances and this Agreement
3.1.9 Use reasonable care to avoid damaging existing buildings,
equipment and vegetation adjacent to the Project Site. If 0/8
causes damage to any of this property, D/B shall replace or repair
said property at no expense to City and shall not be a basis for
seeking an adjustment to the GMP or Contract Time. 0/8 agrees
to indemnify City for any and all fines, penalties, liabilities, cost
imposed upon City, its officers, employees and agents as a result of
this Project.
.3.1.10 To obtain all permits necessary to complete the Project. City shall
pay cost of permits. 0/8 shall be responsible for obtaining and
paying for all permits normally obtained by the trades or
subcontractors.
3.1.11 Conform its design to the requirements of the Americans With
Disabilities Act Accessibility Guidelines ("ADAAG") and the
Americans With Disabilities Act ("ADA")
3.1.12 Seek and obtain written approval from the City of the drawings for
each of the following phases: (1) ODD (2) 50% CD's (3) 75%
CD's (4) 90% CD's and (5) 1 00% CD's. Said approval shall be
evidenced by written notice to proceed with the subsequent phase.
3.1.13 Provide cost estimating and value engineering services, which take
into consideration long-range maintenance costs, energy efficiency,
and impact operation of the Project. Provide cost estimates to the
City at ODD's, 50% CD's, 75% CD's, 90% CD's and 100% CD's.
Provide final cost estimate, in four copies, to the City with Final
Construction Documents.
3.1.14 Review soils and geotechnical reports relating to the Project Site;
and determine and advise City if any further subsurface
investigations are warranted. If such further investigations are
authorized by City, DIB shall perform said investigations. The costs
of said investigations are Reimbursable Costs to be paid by the City
without markup, pursuant to Section 13.
3.1.15 Be fully responsible far all additive casts, damages, and liabilities
resulting from errors or omissions beyond the standard of care
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defined in Section 3.3 by D/B or D/B's agents, employees, design
consultants and contractors; such costs, damages and liabilities
shall not be chargeable to the City nor shall they be a basis for
seeking an adjustment in the GMP or Contract Time.
3.2 D/B agrees to fully assume all risks, and costs associated with such risks, in
performing the services and meeting the obligations under this Agreement.
3.2.1 Unanticipated subsurface site conditions
3.2.1.1 City assumes risks for unanticipated subsurface site
conditions provided 0/8 notifies City in writing within five (5)
calendar days of discovery if D/B believes it has uncovered
or revealed a condition which:
3.2.1.1.1 differs materially from that indicated in the soils
and geotechnical reports furnished by City, or
3.2.1.1.2 is of an unusual nature and differs materially
from conditions ordinarily encountered and
generally recognized as inherent in the work
required by Agreement.
3.2.1.2 Upon receipt of written notice, City shall promptly
investigate and if it determines the conditions do materially
differ, requiring a change in the Work, City shall commence
the processing of a change order pursuant to Section 14. If
City determines there is no bona fide Work scope change
or is a minor change, which does not impact GMP or
Contract Time, City shall notify D/B within ten (10) calendar
days.
3.2.1.3 D/B shall not be entitled to an adjustment in the GMP or
Contract Time if D/B knew or should have known of the
existence of such conditions at the time D/B submitted and
agreed to GMP or Contract Time; or the existence of such
condition could reasonably have been discovered as a
result of D/B's obligations pursuant to Section 3.1.14.
3.3 D/B 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. Compliance with this section by D/B shall not in
7
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any way excuse or limit 0/8's obligations to fully comply with all other terms in this
Agreement.
3.3.1 0/8 warrants that at least one member of the 0/8 team shall be
licensed by the California Contractor's State License Board as a
General Building Contractor. 0/8 is to provide a list of the responsible
people within their organizations performing services, which shall
include their qualifications and their function, for approval by the City
prior to start of construction. City and 0/8 shall establish "key
personnel" who shall remain on the Project until Final Completion. If
any such "key personnel" leave the employment of 0/8, City shall
have the right to approve the replacement personnel assigned to this
Project. O/B shall comply with all licensing requirements of the State
of California, County of San Diego, and City of Chula Vista.
3.3.2 Project Manager, Landscape Architect, and Project Architect
throughout all phases of the Project hereunder, the individual project
manager, landscape architect and project architect shall be as
reflected in Exhibit 3. So long as the Individual Project Manager and
Project Architect remain in the employ of the General Contractor and
Architect, such persons shall not be changed or substituted from the
Project, or cease to be fully committed to the Project as deemed
necessary by the City in its reasonable discretion, without the prior
written consent or instruction of the City. Any violation of the terms
and provisions of this Section shall constitute a Material Default.
3.3.3 City Right to Remove Project Manager, Landscape Architect and
Project Architect. Notwithstanding the foregoing provisions of Section
3.3, if the Individual Project Manager, Landscape Architect or Project
Architect, proves not to be satisfactory to the City, upon written notice
from the City to the General Contractor, such person or person shall
be promptly replaced by a person who is acceptable to the City in
accordance with the procedures set forth below.
3.3.4 Replacement Selection of Project Manager, Landscape Architect,
and/or Project Architect. Within five (5) working days after receipt of a
notice from the City requesting the replacement of any Individual
Project Manager or Project Architect, or promptly following the
discovery by the Design Build Team that any Individual Project
Manager, Landscape Architect or Project Architect is leaving the
employ of the General Contractor or Architect, as the case may be,
the replacement/substitution (together with such person's resume and
other information regarding such person's experience and
8
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qualifications) for approval by City. The replacement/substitution shall
commence work on the Project no later than five (5) calendar days
following the City's approval of such replacement, which approval
shall not be unreasonably withheld. In the event that the City and
Design Build Team cannot agree as to the substitution of replacement
of the Individual, the City shall be entitled to terminate this Agreement
for cause.
3.4 DIB shall cooperate with City in obtaining Environmental approvals and/or
permits.
3.5 DIB agrees and acknowledges that the City Representative is the only person
with authority to approve additions or modifications to Project. Any costs or delays
resulting from or associated with additions or modifications implemented without the
written authorization of City Representative shall be borne exclusively by D/B and
not be grounds for an increase in GMP or Contract Time unless necessary to protect
public health, safety or property.
3.6 D/B team is to provide progress photographs taken at regular intervals
throughout the Project. Photographic documentation shall depict an overview of
Project site showing work in progress. Dates and times to be documented. Copies of
documentation shall be transmitted to the City monthly. The costs are
Reimbursable Costs to be paid by the City without markup, pursuant to Section
13.3.
3.7 D/B shall fully cooperate with City Representative and any of its agents
assigned to this project.
Section 4:
Work Restriction and Biddinq Requirement
4.1 D/B shall detemnine how best to package portions of the work for purposes of
bidding. D/B shall be responsible for selectively bidding all construction work to
others and for entering into subcontracts, in D/B's own name, with the bidder who in
D/B's discretion best meets the monetary, time, and perfomnance requirement of the
Project. D/B is required to submit a summary of bid results for each bid package.
D/B shall be responsible for ensuring that these contracts fully comply with all
applicable local, state and federal laws, some but not all of which are listed below.
4.2 D/B shall hear and decide bid protests and shall develop and maintain bid
protest procedures for that purpose. City shall be timely informed of all bid protests
(prior to resolution) and the outcome of said protests
Section 5:
D/B's Phase I Services and Obliaations - Desiqn Development
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5.1 D/8's services in Phase I shall include, but are not limited to the following:
5.1.1 Utilizing the approved Master Plan continue to refine project
requirements and review such requirements with the City.
5.1.2 Prepare complete ODD's such that the ODD include, without
limitation, the following:
5.1.2.1 Site plan with pertinent notes and dimensions indicating
property line; existing public streets, sidewalks, curb cuts,
other public improvements; required setbacks; service,
trash, fire lane and truck access, adjacent buildings,
building outline; basketball courts, multi-use sports field,
softball field, informal skate area, play areas, shelters,
landscape and site elements.
5.1.2.2 Floor plans including graphically demonstrating interior and
exterior walls and fenestration with notes, dimensions and
grid lines; room names, structural bay spacing with grids,
critical dimensions and area calculations;
5.1.2.3 Roof plans including detailed notes, dimensions,
mechanical equipment locations, define material for
mechanical screens, skylights and roof access, roof
materials, roof drainage and establish window washing
concept;
5.1.2.4 Building sections including vertical dimensions, floor
assembly thickness showing known structural elements,
notes and dimensions.
5.1.2.5 Exterior elevations inclUding material references and
extent; visible roof top elements; existing and new line of
grade; indicate of fioors with leader lines; and vertical
dimensions; notes, dimensions and grid lines.
5.1.2.6 Wall sections including all wall sections, dimensions,
horizontal element offsets, and guide to exterior face of
wall; dimensions, vertical floor to floor, floor to window head
and sill and floor to ceiling; structural elements and
assemblies; interior and exterior wall finishes; and wall and
roof assembly;
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5.1.2.7 Outline specifications, written description of building
systems, community park elements and components
including site work, room finishes, product cut sheets and
special equipment.
5.1.2.8 Verify all code compliance including buiiding construction
type, occupancy sprinkler requirements, existing, zoning
and other agency conformance and ADA.
5.1.2.9 Delivery of 3D rendered images, cclor and material boards,
special system or equipment plans.
5.1.2.10 Intentionally Left Blank
5.2 Prepare and submit to City detailed cost estimates with ODD.
5.3 Submit completed ODD to City. Obtain comments from City and make
revisions to ODD as required. Obtain written approval or conditional approval from
City to proceed to Phase II Services. If conditional approval granted, D/S shall
address all City comments or issues in the next set of drawings developed. City
retains the right to withhold approval and require resubmittal of the 000. Any delay
or additional costs resulting from the re-submittal shall be borne exclusively by D/S
and not be grounds for an increase in the GMP or Contract Time.
Section 6:
D/B's Phase II Services and Obliqations - Construction Documents
6.1 D/S's services in Phase II shall include but are not limited to the following:
6.1.1 D/B shall continue to develop and refine project requirements and
review such requirements with City;
6.1.2 D/S shall prepare CO's which shall include, without limitation, the
following:
6.1.2.1 Architectural plans and details, including:
6.1.2.1.1 Site plan indicating general location and nature
of on-site and the necessary off-site
improvements.
6.1.2.1.2 Floor plans, including roof, showing space
assignments, sizes, and location of installed or
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fixed and movable equipment which affects the
design of the spaces.
6.1.2.1.3 Building elevations indicating exterior design
elements and features, including fenestration
arrangements, materials, mechanical and
electrical features appearing on the walls, roofs,
and adjacent areas.
6.1.2.14 Interior elevations to establish functional
requirements, equipment, and all systems
locations.
6.1.2.1.5 Typical building sections showing primary
structural members, dimensions, and
accommodation of functional systems.
6.1.2.1.6 Typical wall sections' sufficient to indicate
materials, openings, and major features.
6.1.2.2 Structural drawings including plans and sections of
sufficient clarity and detail to show the extent and type of
structural system and dimensions, final structural design
criteria, foundation design criteria, preliminary sizing of
major structural components, critical coordination
clearances and applicable material lists.
6.1.2.3 Mechanical plans and details;
6.1.2.4 Landscape and Irrigation plan and details;
6.1.2.5 Electrical plans and details;
6.1.2.6 Plumbing plans and details;
6.1.2.7 Plans showing installation of major systems, equipment,
fixed furnishings and graphics;
6.1.2.8 Technical specifications;
6.1.2.9 All other technical drawings, schedules, diagrams and
specifications, to set forth in detail the requirements for
construction of the Project which, at a minimum, include:
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6.1.2.9.1 Provide information customarily necessary for the
use of those in the buildino trades;
6.1.2.9.2 Include documents customarily required to obtain
regulatory agency approvals;
6.1.2.9.3 Provide color board and architectural rendering for
required presentations.
6.1.2.10 Mechanical design documentation consisting of continued
development and expansion of schematic mechanical
design consisting of:
6.1.2.10.1 Single line layouts and the approximate sizing of all
equipment and capacities, preliminary equipment
layouts.
6.1.2.10.2 Required space requirements for the equipment,
required chases and clearances, acoustical and
vibrations control, visual impacts and energy
conservation measures.
6.1.2.11 Electrical design documentation consisting of continued
expansion of the schematic electrical design consisting of:
6.1.2.11.1 Criteria for lighting, electrical, communications
audio visual, close circuit TV., lighting controls and
. other electrical systems typical to civic facilities, the
approximate sizes and capacities of major
components transformers-panels-switch gears;
6.1.2.11.2 Preliminary equipment layouts, required space for
equipment, required chases and clearances.
6.1.2.12
Sections through critical areas showing
architectural, structural, mechanical
elements.
coord ination of
and electrical
6.1.2.13 Final specifications, including but not limited to the
following:
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6.1.2.13.1 Architectural: general description of the
construction, including interior finishes, types and
locations of acoustical treatment, typical and
special floor coverings and final exterior and interior
material selection;
6.1.2.13.2 Mechanical: description of air conditioning, heating
and ventilation systems and controls, ducts, and
piping system;
6.1.2.13.3 Electrical: description of electrical services,
including voltage, type and number of feeders,
lighting systems, including lighting levels and
audiovisual, security-fire alarms and cable antenna
television systems;
6.1.2.13.4 Landscape: General description ofthe construction,
including plan materials, plant locations,
maintenance period and irrigation systems.
6.1.2.13.5 Play Areas: Description of play equipment including
installation procedures, type, color, finishes and
locations.
6.1.2.13.6 Site Work: General description of the construction,
including finishes, types of materials and locations.
6.1.2.13.7 Other: Such other documents to fix and describe
the size, quality and character of the entire Project,
its materials, and such other elements as shall be
appropriate.
6.1.2.14 Plumbing drawings including location and quantity of
fixtures, equipment sizes, room sizes for plumbing
equipment, and final specifications as appropriate.
6.1.3. Utilizing the 2000 Edition of the Standard Specifications for Public
Works Construction, 2000 Edition of the Chula Vista Standard
Special Provisions, 2000 Edition of the Regional Standards, 2002
Edition of the Chula Vista Construction Standards, the City's facility
program, performance and design criteria, concept drawings, and
reports incorporated herein by reference, DB shall:
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6.1.3.1 Prepare CD's and specifications suitable for obtaining City-
approved permits and to allow construction. Preparation
of technical materials and equipment specifications for pre-
purchase will be the responsibility of the DB.
6.1.3.2 Submit Construction Documents to the City for plan check,
and make any changes therein as may be lawfully
required. Obtain general building permit and all ancillary
permits and licenses, including but not limited to,
demolition permits, improvement permits and grading
permits.
6.1.3.3 Complete the design for all elements of the Project,
including, but not limited to: civil, structural, architectural,
mechanical, electrical, landscape, and specialty consulting
areas.
6.1.3.4 Evaluate alternative structural and construction
approaches to ensure economical designs, which optimize
constructability yet meet all codes, architectural concepts,
schematic designs, and standard specifications of the
Project. Design and construction shall also meet all ADA
requirements.
6.1.3.5 Provide additional site surveys and geotechnical
investigations to the extent the DB determines they are
necessary for final design. The survey information
provided by the City is preliminary in nature and may not
have sufficlent accuracy or scope to support final design.
6.1.3.6 Furnish support to a City constructability review team at
the 50%, 75%, 90% and 100% percent design completion
stage. Incorporate the results of this review into the
design.
6.1.3.7 Provide updated construction cost estimates at durations
specified in this agreement to support Value Engineering
(VE) and constructability reviews.
6.2 D/B shall determine and establish the sequence of construction, and if
appropriate, identify separate bid packages to accomplish phased construction of
the Project.
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6.3 D/B shall prepare a detailed Critical Path Method schedule for all construction
components of the Project (" Detailed Construction Schedule" or "DCS") utilizing
Microsoft Project software, showing all major milestones, bid dates for the major bid
packages, commencement of construction, sequence of construction, completion of
structural elements, completion of the community park, all of which shall conform
with the dates of Substantial Completion and Final Completion of Project.
6.4 Review as needed the CD's with the governmental authorities having
jurisdiction over the Project.
6.5 Notify City within seven (7) days in writing whenever D/B reasonably believes
that the cost of the Project is likely to exceed the GMP or Contract Time and include
in said notice:
6.5.1 An itemized cost breakdown estimate;
6.5.2 A list of recommended revisions which D/B believes will bring Project
within the GMP;
6.5.3 Assist City in reviewing the itemized cost breakdown and
recommend revisions so that City can revise the scope of the
Project so that the GMP is not exceeded.
6.5.4 Provide a master accounting system and matrix on Microsoft Excel
that will be updated, expanded and provided to the City monthly as
the Project develops.
6.6 D/B shall develop and implement Project Management Plan and Procedures
including:
6.6.1 Project status reports
6.6.2 Coordination/interface with the City and its other
cons ulta ntsl contractors
6.6.3 Intentionally Left Blank
6.6.4 Biweekly Design and Construction meetings
6.6.5 Interface and communications with other agencies
6.6.6 Vendors and subcontractors management
6.6.7 Document control
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6.6.8 Schedule and budget control
6.6.9 Quality assurance and quality control
6.6.10 Throughout the design phase, the 0/8 shall provide scheduling and
cost control reports monthly.
6.7 Submit and obtain approval from City of Phase II items. Provide written
confirmation that the project is still within the GMP and can be built in accordance
with the DCS. Said written confirmation shall include an accounting of all costs and
expenses incurred to date against the GMP. Obtain written approval fiOm City to
proceed to Phase IV.
6.8 City and D/B may mutually agree in writing that 0/8 may contract for or
perform certain limited Phase III services during earlier phases to expedite
completion of the Project, for such tasks as, for example, demolition of the buildings
and relocation of utilities, and other critical path activities to meet the Project
Construction Schedule. However, absent such written agreement, 0/8 shall not
proceed with any Phase III services until the City issues a written Notice to Proceed
with Phase III.
6.9 Present to the City for approval the following: 100% CD's, Management and
Implementation Plan, DCS.
6.9.1 Upon presentation by 0/8 to the City of the items specified in
Section 6.9, the City may:
6.9.1.1 Approve the 100% Construction Documents, and
Management and Implementation Plan and DCS, and
authorize D/B to proceed with Phase III services; or
6.9.1.2 Determine not to piOceed with the Project and terminate
this Agreement in accordance with Section 26.3 of this
Agreement; or
6.9.1.3 Direct D/B to revise and resubmit documentation submitted
to City pursuant to this Section which does not conform to
previously approved direction of City any delay or additional
costs resulting fiOm the resubmittal shall be borne
exclusively by D/B and not to be grounds for an increase in
the GMP or Contract Time.
Section 7:
D/8'S Phase III: Construction Administration
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7.1 After City formally approves any required cost estimates, 100% CO's and
Construction Schedule, City shall issue to 0/8 a written Notice to Proceed with
Phase III Services. The 0/8 shall construct the Project in accordance with City-
approved plans and specifications prepared by the DB to meet or exceed all
requirements of the City provided program, schematic design and the performance
criteria. The D/8's Phase III Services shall include but are not limited to:
7.1.1 Prepare and submit to City for review separate bid packages as 0/8
determines appropriate to enable the construction of the Project to
proceed in an efficient and cost effective manner;
7.1.2 Conduct competitive bidding for the respective bid packages.
7.1.3 0/8 shall require additive alternates for extended warranties in bid
packages for roofing and HVAC systems.
7.1.4 Schedule and conduct pre-bid conferences to answer questions
posed by bidders; said answers and any other information required
to provide clarification to the Construction Documents during the
bidding process shall be issued as written addenda and provided to
all prospective bidders;
7.1.5 Execute subcontracts, in 0/8's own name, with the bidder best
meeting the monetary, time, and performance requirements of the
Project in the professional opinion of the O/B.
7.1.6 Perform construction management and administration services
during the construction of the Project;
7.1.7 Be responsible for and coordinate all construction means, methods,
techniques, sequences and procedures;
7.1.8 Coordinate scheduling of bid packages, submittals, and all design
and construction of the Project to ensure the efficient and orderly
sequence of the construction of the Project. Monitor and report to
the City on actual performance compared to schedule;
7.1.9 Give all notices and comply with laws, ordinances, rules, regulations,
and lawful orders of public authorities relating to the Project;
7.1.10 Provide timely review and approval of shop drawings, samples of
construction materials, product data, schedule submittals, and other
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submittal for compliance with the Construction Documents; keep City
advised of all such matters being reviewed and approved by 0/8;
7.1.11 Issue responses to Requests for Information, substitution requests,
and Change Order requests. Provide City with copy of all
correspondence within twenty-four (24) hours of receipt. Conduct
weekly review meetings with City to discuss these items. All change
orders, including zero dollar change orders which require the use of
0/8 Contingency Fund, irrespective of impact on GMP and Contract
Time shall require City approval;
7.1.12 Establish and maintain a quality control program with appropriate
reviews and independent testing procedures to ensure compliance
with the Construction Documents;
7.1.13 Coordinate all required inspections in such a manner that the
progress of construction is not affected or impacted;
7.1.14 Correct any work which does not conform to the Construction
Documents;
7.1.15 Keep City informed of the progress and quality of the design and
construction of the Project;
7.1.16 Pay royalties and license fees, if applicable. D/B shall defend suits
or claims for infringement of patent rights and shall defend and hold
City and City's agents harmless from loss on account thereof; except
that City shall be responsible for such loss when a particular design,
process or product of a particular manufacturer is required by City.
However, if D/B has reason to believe the use of a required design,
process or product is an infringement of a patent, D/B shall be
responsible for such loss unless such information is promptly given
to the City in writing.
7.1.17 Ensure Project is maintained in a clean, neat, sanitary and safe
condition free from accumulation of waste materials or rubbish. Prior
to Final Completion, D/B shall cause to be removed from and about
the Project all tools, construction equipment, machinery, surplus
materials, waste materials and rubbish;
7.1.171 Please be advised that Chula Vista Municipal Code
8.24.070 provides for an exclusive franchise for the
removal and conveyance of all solid waste for hire
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(including recyclables) within City limits. The exclusive
franchise agreement covers any hauling activity that
requires the generator or their agent to pay a fee for any
service connected with removing or conveying waste. The
City's franchise hauler is Allied (formerly Pacific) Waste
Services and may be reached at (619) 421-9400.
7.1.18 Develop a mutually agreed upon program to abate and minimize
noise, dust, and disruption to access for parking and services at all
times for adjacent business entities and residences;
7.1.19 Provide City with a DCS on an approved software within fourteen
(14) working days after receiving Notice to Proceed with Phase III,
provide updated versions of DCS on a monthly basis, and provide
immediate notice of any impact on critical path items;
7.1.20 Conduct and prepare minutes for weekly Project team meetings with
City and appropriate design and construction members;
7.1.21 Maintain a complete and up-to-date set of Construction Documents
in the Projects field office at all times during construction which
reflect all changes and modifications, and at the end of construction
prepare for City a complete set of Project documents, along with four
reproducible, and one electronic set of drawings depicting As-Built
conditions for Project;
7.1.22 Notify City in writing when D/B believes that the Project has
achieved Substantial Completion, participate with City in inspecting
the completed construction, prepare punchlists, and cause the
punchlist items to be performed andlor corrected in accordance with
the Construction Documents;
7.1.23 Notify City in writing when DIB believes that the Project has achieved
Final Completion. Assemble and deliver to City upon Final
Completion all records, documents, warranties, bonds, guarantees,
maintenancel service contracts, and maintenance and operating
manuals;
7.1.24 Inspect the Project during the one-year general building warranty
period, identify items requiring repair, and oversee those repairs.
Inspect the each component at 180 and 360 days after Final
Completion of Project and prepare reports to City, develop budgets
and direct all repairs.
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7.1.25 Conduct contractor meetings, as necessary, to provide technical
input.
7.1.26 Provide interpretation of technical specifications and drawings.
7.1.27 When appropriate, witness testing and review materials and
equipment testing results and provide comments regarding
confonmance with specification requirements.
7.1.28 Provide list of required shop drawing submittals. Review shop-
drawing submittals for technical compliance and fonNard copy to City
for review.
7.1.29 Assist during final acceptance process by furnishing final walk-
through(s) and comments.
7.1.30 The 08 shall be responsible for complete management, supervision,
and reporting of all aspects of the construction of this Project.
7.1.31 The 08 shall provide resident management and contract
administration, including specialists necessary for the functional,
safe, on-budget and on-schedule completion of the Project, starting
with the issuance of a Notice to Proceed, upon receipt of final CO's,
from the City and extending through issuance of Notice of
Completion and Acceptance. City staff will perform inspections to
verify compliance with the plans, specifications and contract
documents.
7.1.32 The 08 resident staff shall ensure construciion compliance with
applicable local, state, and federal codes, building and
environmental permit requirements, construction mitigation
documents and enforcement of the Contract Documents.
7.1.33 The DB is responsible for the design, construction and all contract
administration services during the construction of the Project in
accordance with ail applicable laws, regulations, and codes,
including, but not limited to, the 1990 Americans with Disabilities Act
[AD/l,] and Title 24 California Code of Regulations [Building Code] as
defined in Section 18910 of California Health and Safety Code [Title
24]. The 08 is responsible as a designer, employer, and City
representative to comply with all portions of Title 24 and the ADA
7.1.34 The DB shall provide surveying, and other contracted services as
required to complete project construction inspection and testing
tasks. The City will provide special inspeciion services and periodic
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building inspections. D8 is responsible for scheduling and
coordinating all inspections and paying for all re-inspections.
7.1.35 The D8 'shall develop a project-specific Plan for defining, tracking
and reporting cash flow activity requirements and submit such plan
to the City for review and approval prior to implementation.
7.1.36 The D8 shall implement and maintain an internal records
management and document control system as required to support
project operations. The D8 shall provide records management and
document control information in a manner consistent with the City's
. reporting 'system.
7.1.37 The D8 shall administer and coordinate the project contract closeout
process and shall resolve any warranty provision i~sues. The D8
shall report progress of project contract closeout to the City in a
manner consistent with the City's reporting system.
7.1.38 The D8 shall administer and enforce the Environmental Mitigation
Monitoring and Reporting Plan for the Project, if any. The D8 shali
report a record of environmental issues to the City in a manner
consistent with the City's reporting system.
7.1.39 Prepare Operations Manual.
7.2 Unless the D/6 receives the City's prior approval to substitute equal or better
quality materials, the 0/6 warrants to City that materials and equipment incorporated
in the Project will be new, unless othervvise specified, and that the Project will be of
good quality, free from faults and defects, and in strict confomrance with the
Construction Documents and in accordance with Section 22.
Section 8: 0/6's Phase IV Services and Obliqations: Operation/Startup Phase
8.1.1 The DB shall prepare, submit for City review and written approval,
and implement a Project Startup and Testing Plan for the Project.
8.1.2 The DB shall conduct Operator Training Sessions for facilities.
8.1.3 The 08 shall supervise, manage, and coordinate all project startup
and testing activities for mechanical systems within the provisions of
the project Contract Documents.
8.1.4 The D8 sha[1 report progress of project startup and testing to the
City in a manner consistent with the City's reporting system.
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8.1.15 The DB shall report to the City all guaranteelwarranty disputes. The
DB shall proceed to resolve such disputes after having submitted to
the City for review and approval the DB's approach for obtaining
resolution for the dispute.
Section 9: Additional Services
9.1 City will have the right to direct D/B to perform Additional Services beyond
those specified in this Agreement. D/B may provide Additional Services only if
authorized in writing, in advance, by City and after complying with Section 9.4. The
City may propose changes to the Work of a subcontractor after the bid has been
awarded. In the event of a change of this nature, D/B will estimate the cost of the
Change Order, assist City in developing drawings and specifications as necessary,
solicit a revised bid, negotiate with the subcontractor, present a recommendation for
a Change Order to City, and implement construction as approved by City.
9.2 For Additional Services which increase the Hard Construction Costs, design
costs, or other reasonably necessary costs of the Project, D/B shall be paid a fee as
determined on Exhibit 2. Said fee shall cover all home office overhead and profit to
be earned as additional services.
9.3 For additional services, which result in an extension of the Substantial
Completion date, D/B shall be paid a fee equal to the number of working days the
Substantial Completion date is extended multiplied by the daily proration of the
general conditions fee included within the GMP.
9.4 If at any time D/B contends that it is being asked to perform Additional
Services, it shall give City written notice 5 days prior to performing said services
indicating that D/B intends to seek additional compensation beyond the D/B Fixed
Fee. Furnishing advance written notice shall be a condition precedent to being able
to seek additional compensation from City.
Section 10:
Bonds
10.1 D/B shall furnish performance and payment bonds with the names of the
obligees designated as the City in the amount set forth below, as security for the
faithful performance and payment of all D/B's obligations under the Agreement.
These bonds shall remain in effect at least until thirty (30) days after the filing date of
Notice of Completion, except as otherwise provided by law or regulation or by this
Agreement. D/B shall also furnish such other bonds as are required by this
Agreement. If the D/B incurs increased costs to provide the performance and
payment bond following City's acceptance of the GMP, and cost increase is incurred
solely as result of insurance bond market rate volatility, with any matters of D/B's
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reduced insurability criteria expressly excepted, then the contract wiil be adjusted to
the new rate charged to the D/B by the insurance carrier.
10.1.1 The periormance bond shall be in the amount of 100% of the GMP.
10.1 .2 The payment bond shall be in the an amount of 100% of the Hard
Construction Costs.
10.2 A.JI bonds shall be in the fomr prescribed by City and by such sureties which
are authorized to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular 570, and whose
underwriting limitation is sufficient to issue bonds in the amount required by this
agreement and which also satisfy the requirements stated in Section 995.660 of the
Code of Civil Procedure, except as provided otherwise by laws or regulations. All
bonds signed by an agent must be accompanied by a certified copy of such agent's
authority to act. Surety companies must be duly licensed or authorized in the
jurisdiction in which the Project is located to issue bonds for the limits so required.
10.3 If the surety on any bond furnished by D/B is declared bankrupt or becomes
insolvent or its right to do business is terminated in any state where any part of the
Project is located, D/B shall within seven (7) days thereafter substitute another bond
and surety, which must be acceptable to City.
Section 11:
Insurance
11.1 The insurance provisions herein shall not be construed to limit D/B's
indemnity obligations contained in this Agreement.
11.2 D/B shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property, which may arise from
or in connection with the periormance of the work hereunder by the D/B, his agents,
representatives, employees or subconsultants. All subconsultants shall be required
to comply with the applicable insurance provisions. The maintenance of proper
coverage is a material element of the contract and that failure to maintain or renew
coverage or to provide evidence of renewal may be treated by the City as a material
breach of contract.
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11.3 Minimum Scope of Insurance
11.3.1 Coverage shall be at least as broad as:
11.3.1.1 Insurance Services Office Commercial General Liability
coverage (occurrence Form CG 0001).
11.3.1.2 Insurance Services Office Form Number CA 0001
covering Automobile Liability, Code 1 (any auto).
11.3.1.3 Workers' Compensation insurance as required by the
State of California and Employer's Liability Insurance.
11.3.1.4 Errors and Omissions Insurance.
11.3.1.5 Builder's Risk Property Insurance:
The City of Chula Vista will provide coverage for "all risk"
Builder's Risk Insurance, excluding the peril of
earthquake and Tlood, and subject to other policy terms,
conditions and exclusions, Coverage will be provided for
the Replacement Cost of Materials, Equipment and
fixtures destined to become a permanent part of the
structure, Property in Transit and Property in Offsite
Storage for Mt. San Miguel Community Park construction
in an amount not to exceed $4,800,000 million.
Contractors and Subcontractors will be added to policy as
Loss Payees as their interest may appear.
Contractor and its Subcontractors will be solely
responsible for any loss or. damage to their personal
property including contractor's tools and equipment
owned, used, leased, or rented by the Contractor or
Subcontractor.
The $5,000 policy deductible amount will be the
responsibility of Contractor and/or Subcontractor.
11.4. Minimum Limits of Insurance
11.4.1 Contractor or appropriate subconsultant shall maintain iimits no less
than:
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11.4.1.1 General $2,000,000
Liability:
(Including
operations,
products and
compieted
operations.)
11.4.1.2 Automobile $1,000,000
Liability:
114.1.3 Worker's $1,000,000
Compensation
I Employer's
Liability:
11.4.1.4 Errors and $1,000,000
Omissions:
11.4.1.5 Builder's Risk $4,800,000
- City to
Provide
11.5 Dedu.ctibles and Self-Insured Retentions
per occurrence for bodily
injury, personal injury and
property damage. If
Commercial General
Liability I nsurance or other
fonm with a general
aggregate limit is used,
either the general
aggregate limit shall apply
separately to this
project/location or the
general aggregate limit
shall be twice the required
occurrence limit.
per accident for bodily injury
and property damage.
per accident for bodily injury
or disease.
per occurrence
Hard Construction Cost of
Structure
11.5.1 Any deductible or self-insured retentions must be declared to and
approved by the City. At the option of the City, either: the insurer
shall reduce or eliminate such deductibles or self-insured retentions
as respects the City, its officers, officials, employees and volunteers;
or the D/B shall provide a financial guarantee satisfactory to the City
guaranteeing payment of losses and related investigations, claim
administration and defense expenses.
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11.6 Other Insurance Provisions
11.6.1 The general liability policy shall contain, or be endorsed to contain,
the following provisions:
11.6.1.1 The City, its officers, officials, employees, and volunteer
are to be covered as additional insureds using ISO Form
CG2010 (11/85) or its equivalent specifically tile
endorsement must not exclude Completed Operations,
with respect to liability arising out of work or operations
performed by or on behalf of the D/8 inciuding materials,
parts or "equipment furnished in connection with such
work or operations.
11.6.1.2 For any claims related to this project the D/8's insurance
coverage shall be the primary insurance as respects the
City, its officers, officials, employees, and volunteers. Any
insurance or self-insurance maintained by the City, its
officers, officials, employees, or volunteers shall be
excess of the D/8's insurance and shall not comribute
with it.
11.6.1.3 Coverage shall not extend to any indemnity coverage for
the active negligence of the additional insured in any case
where an agreement to indemnify the additional insured
would be invalid under Subdivision (b) of Sections 2782 of
the Civil Code.
11.7 Verification of Coverage
11.7.1 Contractor shall furnish the City with original certificates and
amendatory endorsements effecting coverage required by this
clause. The endorsements should be on forms that conform to the
requirements. All certificates and endorsements are to be received
and approved by the City before work commences. The City
reserves the right to require complete, certified copies of all required
insurance policies, including endorsements affecting the coverage
required by these specifications at any time.
11.8 Subcontractors
11.8.1 All coverages for subcontractors or subconsultants shall be subject
to all of the requirements stated herein. Subcontractors and
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Subconsultants shall be protected against risk of loss by maintaining
insurance in the categories and at the limits required herein.
Subcontractors and Subconsultants shall name City and D/B as
additional insured's under its policies.
11.9 Cooperation. The D/B and its Contractors shall cooperate fully with and
provide any information or records requested by the City or regarding all aspects of
the insurance and project, including but not limited to claims, audit, payroll,
insurance records and safety. Delays in reporting information to the City may result
in delays in progress payments to the D/B.
11.10 Prior to beginning Work under the Agreement, each and every Contractor of
any tier shall furnish Certificates of Insurance satisfactory to the City. All such
Certificates shall contain at least the following provisions:
11.10.1 Thirty (30) days written notice to the City prior to any cancellation,
non-renewal or material reduction in coverage.
11 10.2 The words "will endeavor" and "but failure to mail such notice shall
impose no such obligation or liability of any kind upon the company,
its agents or representatives" will be deleted from the Certificates.
11 10.3 Throughout the life of the Agreement, each and every Contractor of
any tier shall pay for and maintain in full force and effect, with
Insurers authorized by the California Insurance Commissioner to do
business in the State of California, any policies required by this
Agreement.
11.10.4 Any insurance provided for this project shall be written through an
insurer with an A.M. Best Rating of not less than AV. Any
exceptions are at the sole discretion of the City and subject to
written approval of the City.
11.11 Questions concerning the insurance requirements ofthis Agreement shall be
directed to the City Representative.
Section12:
Inspection
12.1 City shall be responsible for City inspection and material testing and
inspections, with reimbursement to be required by D/B for any re-inspections. The
City shall either perform said inspection services with its own forces or contract with
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third parties. It shall be the responsibility of D/B, however, to call for, coordinate and
schedule all inspections.
12.2 City, its con~ultants, subcontractors, independent testing laboratories as well
as other governmental agencies with jurisdictional interests will have access at
reasonable times for this observation, inspecting and testing. D/B shall provide
them proper and safe conditions for such access and advise them of D/B's safety
procedures and programs so that they may comply.
12.3 City will make, or have made, such inspections and tests, as the City deems
necessary to see that the Work is being accomplished in accordance with the
requirements of the Construction Documents or shall in any way limit or modify
D/B's indemnity obligations as provided for within this agreement. Unless otherwise
specified, the cost of such inspection and testing will be borne by the City. In the
event such inspections or tests reveal non-compliance with the requirements of the
Construction Documents, D/B shall bear the cost of corrective measures deemed
necessary by City, as well as the cost of subsequent re-inspection and re-testing.
Neither observations by the City nor inspections, tests, or approvals by others shall
relieve 0/8 from D/B's obligations to perform the Work in accordance with the
Construction Documents. D/B shal[ give City timely notice of readiness of the Work
for a[1 required on and off-site inspections, tests, or approvals and shall cooperate
with inspection and testing personnel to facilitate required inspeciions or tests. D/B
shall give at least 24 hours notice for on-site inspection and five (5) days notice for
off-site inspection.
12.4 City has the right to stop or suspend Work activities which will conceal or
cover up D/B Work product which is to be inspected or tested, orwhich will interfere
with the inspection or testing activities, for a reasonable time and D/B will have no
right to additional cost or time it may incur as a result of the Work stoppage.
Section 13:
D/B GMP for Services and Reimbursements
13.1 0/8 shall submit to City 100% Construction Documents ("CD's") for approval.
Upon the approval of the 100% CD's, D/B shall, within ten (10) working days,
submit a GMP for approval by City. The GMP shall include all Hard Construction
Costs, D/B Contingency Fund, Reimburseable Costs, and D/B Fixed Fee for the
complete design and construction of the entire Project as specified in the 100%
CD's; provided that
13.1.1 The GMP shall not exceed $5,841,067 for the park and include
within said GMP shall be no more than $640,386 for Design Services
and General Conditions as previously identified in Section 1.3.1 of
this agreement.
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13.1.2 Said GMP shall be supported by a detailed itemized breakdown that
shows: the 0/8 Fixed Fees and the expected Hard Construction
Costs for each of the major trades of the Project which will include
labor, material expenses, equipment costs, and a reasonable 0/8
Contingency Fund. Said 0/8 contingency fund shall not exceed 5%
of the Hard Construction Costs. .
13.1.3 All Hard Construction Costs included in the GMP are for direct
Construction costs incurred in performing the work, including taxes,
delivery and installation. City shall reimburse 0/8 for the exact
amount of subcontract, self preformed work or invoice amount. No
additional D/8 markup, handling fees, overhead, or other charges
are to be added or paid except as othervvise set forth in this
agreement. Upon Final Completion of the Project, any amount of
Hard Construction Costs or D/B Contingency Fund monies not
utilized shall result in a deductive Change Order.
13.1.4 The GMP shall include a D/B Contingency Fund which can be used
by the 0/8 with City approval. If the Parties mutually agree that
there is a sufficient surplus, the D/B Contingency Fund will be
available to provide additional funds for Change Orders as provided
for in Section 7 of this Agreement. This Contingency Fund will not
be available for: (1) Work required due to D/B's and/or
Contractors/subcontractors failure to perform according to the terms
of this Agreement and/or in compliance with the Construction
Documents, or (2) uninsured losses resulting from the negligence of
D/B or its Contractors/subcontractors. All change orders, including
zero dollar change orders, which require the use of the D/B
Contingency Fund, shall require City approval. The City reserves the
right to seek reimbursements for any funds used due to errors or
omissions of the Design Consultants.
13.1.5 D/B shall prepare, with the cooperation of the City, alternate bid
items to assist in meeting the GMP;
13.2 Except as otherwise expressly provided in this Agreement, as full and
complete compensation for performance of all services and obligations under this
Agreement, D/B shall be compensated ("0/8 GMP") by a sum to be determined at
100% construction documents. GMP shall include the not to exceed amount of
$253,000 for General Conditions and $387,386 for Design Services for a total of
$640,386. Said $640,386 for General Conditions and Design Services shall not be
exceeded unless additional services are requested pursuant to S 7 above or a
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change order issued pursuant to S 14. Unless otherNise expressly provided in this
Agreement, D/B GMP shall include full compensation for all costs of any type
incurred by 0/8 in performing all services and obligations under this Agreement,
including but not limited to the following:
13.2.1 All Design Consultants, including but not limited to architectural,
structural, civil, mechanical, electrical, communications, graphics and
art consultants, landscape architects, and acoustical, audio visual,
lighting, and security consultants.
13.2.2 Estimating, value engineering and construction management;
13.2.3 Construction supervision and project management personnel,
including but not limited to superintendents, Project managers,
Project secretaries, Project engineers, Project accountants, and all
other 0/8 personnel wherever located;
13.2.4 All on-site and off-site equipment, supplies and facilities, including
but not limited to, computers, estimating, dictating, communication
and accounting equipment, office space, trailers, field equipment and
storage facilities;
13.2.4.1
In no case shall the cumulative monthly rental charges
to the Project for equipment and Small Tools used by
the 0/8 exceed 90% of the fair market value of anyone
piece of equipment or Small Tools. At City's option, the
full price for equipment or Small Tools may be paid, and
City may take possession upon completion of the Work.
13.2.5 AJI home-office and field overhead costs of any type including
document control and retention;
13.2.6 All business license costs;
13.2.7 All profit D/B intends to earn under this ,L\,greement.
13.2.8 All direct and incidental costs incurred by 0/8, except for those
specifically identified in Section 9.
13.3 0/8 shall be reimbursed, without markup and only as specified in this
Agreement for the following "Reimbursable Costs."
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13.3.1 Any reimbursable cost expressly provided for elsewhere in this
Agreement.
13.4 0/8 agrees and acknowledges the City retains its full and complete discretion
for all legislative actions, including any future appropriations necessary to compiete
this Project or fund this Agreement. ,A,s more fully provided in Section 26, the City
may terminate this Agreement for any reason, including but not limited to, if City
Council fails to appropriate sufficient funds or is unsuccessful at obtaining long term
financing.
Section 14: Chanoe in GMP and Contract Time
14.1 The GMP and Contract Time may only be changed by written Change Order.
Change Orders shall be issued only under the following circumstances:
. 14.1.1 The City directs 0/8 to perform Additional Services or City Changes
as provided in Section 9.
14.1.2 For reasons expressly provided elsewhere in this Agreement.
14.2 The following procedure shall be followed for the issuance of Change Orders:
14.2.1 Upon the occurrence of any event that gives rise to a Change Order,
D/B shall give the City notice of the same with 5 days. D/B shall not
proceed with any such services or work until such notice has been
given to the City except if such services or work are necessary to
protect public health, safety or property.
14.2.2 Unless otherwise directed by the City Representative in writing,
before proceeding with any Change Order work 0/8 shall promptly
provide the City with a detailed and complete estimate of cost
impact associated with the Change Order, including all appropriate
direct and indirect costs and credits. All such costs and credits shall
be accurately categorized into D/B Fixed Fee, Reimbursable Costs
or Hard Construction Costs, D/B shall also provide City with a
realistic estimate of the impact, if any, the Change Order will have
on the Contract Time.
14.2.3 Upon submission of the detailed estimates by the 0/8, the Parties
will attempt to negotiate an appropriate adjustment in GMP and
Contract Time. If an agreement is reached, a Change Order
refiecting the agreement will be executed by the Parties. If an
agreement is not reached, the City shall have the option to direct the
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0/8 to proceed with the subject services and/or work, during which
time the 0/8 shall contemporaneously maintain accurate and
complete records of all labor, material and equipment utilized in
performing the subject services andlor work. These records shall be
submitted to the City and shall become the basis for continued
negotiations between the Parties for an equitable adjustment to the
GMP andlor Contract Time.
14.2.4 In the event there is any disagreef71ent or dispute between the
Parties as to whether the D/8 is entitled to a Change Order or the
amount of the Change Order, the matter shall be resolved in
accordance with Section 33. 0/8 shall not have the right to stop or
delay in the prosecution of any services or work, including services
or work that is the subject of the Change Order, pending this
resolution process. Instead, 0/8 shall continue diligently
prosecuting all such services and work.
14.2.5 City may, in its sole discretion, adjust the GMP or Contract Time for
any undisputed amount or time associated with the Change Order or
Additional Services.
Section 15: Pavment Terms
15.1 O/B shall provide. all Phase I, II and IVservicesforthe Phase I, II and IV Fee.
D/B shall submit certificate and application for payment to the City on a monthly
basis for Phase I, II and IV services rendered and costs incurred. The monthly
payment shall be based upon percentage of completion of the Schedule of Values
plus any Reimburseable Costs as provided in Section 15.3.
15.2 D/B shall provide all Phase III services for the Phase 1[[ Fee. D/B shall submit
certificate and application for payment to City on a monthly basis for Phase III
services. The monthly payment application shall be based upon the percentage of
completion of the Schedule of Values plus any Reimbursable Costs and Hard
Construction Costs as provided in Section 15.3 and 15.4, less any payments
previously made by the City and subject to the receipt of unconditional lien releases
for all prior payments and if the invoiced amount is not disputed by City, it shall pay
D/B ninety percent (90%) of payment application based upon the percentage
complete of the Schedule of Values and 100% of the reimbursable costs within thirty
(30) days after receipt of the fully documented invoice. City will withhold the
remaining 10% as security for 0/8's full performance.
15.3 0/8 shall develop and maintain an accurate system for tracking all
Reimbursable Costs. Utilizing this system, 0/8 shall include with each month
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payment application an itemization of all such Reimbursable Costs actually incurred
by D/B, during the previous month. If requested by the City, D/B shall provide all
backup documentation supporting such Reimbursable Costs.
15.4 D/B shall develop and maintain an accurate system for tracking all Hard
Construction Costs it incurs on the Project. Utilizing this system, D/B shall include
with each monthly application for payment an itemization of all Hard Construction
Costs actually incurred by D/B during the previous month.
15.5 D/B shall separately submit to City certificate and application for payment on
a monthly basis for any authorized Additional Services performed by D/B. Subject
to the receipt of unconditional lien releases for all prior payments and if Additional
Services are not disputed by City, City shall pay ninety percent (90%) of the invoiced
amount within thirty (30) days of receipt of fully complete invoice. City will withhold
the remaining 10% as security for D/B's full performance.
15.6 Subject to Sections 15.8, City shall pay D/B the ten percent (10%) retention
being withheld pursuant to Sections 15.2, and15.5 as part of the "Final Payment" to
D/8. Final Payment will be made thirty-five (35) days after Final Completion.
15.7 The City Manager will consider the release of the entire retention for
subcontractors upon completion of the subcontractors' work and execution of a
disclaimer and unconditional final lien release by the subcontractor.
15.8 In lieu of withholding retention under this Agreement, at the election of D/8,
City will deposit retention amounts into escrow andlor the substitution of securities
for money as provided in California Public Contract Code Section 22300.
Section 16: Proiect Completion
16.1 Substantial Completion shall be that stage in the progress of the construction
when all Work on the Project is sufficiently complete in accordance with the
Construction Documents so that City can fully utilize entire Project; Substantial
Completion shall further mean that all goods, services and systems to be provided
under the terms and conditions of the Construction Documents are in place and
have been initiaily tested, and are operationally functional, subject only to final
testing, balancing and adjustments and normal Final Completion punch list Work.
16.2 Final Completion shall be deemed to occur on the last of the following events:
(1) recordation of a Notice of Completion for the Project; (2) acceptance of the
Project by the City; (3) issuance of a final Certificate of Occupancy for the Project;
(4) submission of all documents required to be supplied by 0/8 to City under this
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Agreement, including but not limited to As-Built Drawings, warranties, and operating
manuals; (5) and delivery to City of a Certificate of Completion duly verified by O/B.
16.3 D/8 shall provide City with a Certificate of Completion, certifying to City under
penalty of perjury that the Project has been completed in accordance with the
Construction Documents, al! applicable building codes and regulations, all permits,
licenses, and certificates of inspection, use and occupancy, and ordinances relating
to the Project.
16.4 0/8 shall provide five sets of City final record drawing documents at the end
of construction and one copy in electronic fomrat ("As-Built Drawings") and one copy
of reproducible drawings. As-Built Drawings are to be accurate and legible records
showing exact location by dimensions, and the exact depth by elevation of
underground lines, valves, plugged tees, wiring and utiiities.
16.5 0/8 shall provide a copy of, or make available before destruction, all records
(which includes all writings as defined in Evidence Code Section 250) to the City
upon receipt or generation, which shall include a copy of D/8's filing protocol.
Section 17:
Contract Time
17.1 The "Contract Time" shall be the date stated in Section 1 for 0/8 to achieve
Substantial Completion.
17.2 "Time is of the essence" with regard to Contract Time and all milestones in
the DCS.
17.3 The Contract Time may only be changed by a Change Order as set forth in
Section 14.
17.4 Further, an extension in Contract Time will not be granted unless D/8 can
demonstrate through an analysis of the Project Schedule that the increases in the
time to perfomr or complete the Project, or specified part of the Project, beyond the
corresponding Contract Time arise from unforeseeable causes beyond the control
and without the fault or negligence of 0/8, its Design Consultants, and
subcontractors or suppliers, and that such causes in fact lead to performance or
completion of the Project, or specified part in question, beyond the corresponding
Contract Time, despite D/8's reasonable and diligent actions to guard against those
effects.
17.5 0/8 carries the burden of proving an entitlement to an increase in the
Contract Time. Delays attributable to and within the control of Design Consultants,
or subcontractor or supplier shall be deemed to be delays within the control of 0/8.
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No time extension will be allowed for such delays. An increase in Contract Time
does not necessarily mean that 0/8 is due an increase in the GMP.
Section 18:
Late Comoletion
. 18.1 City and 0/8 recognize that time is of the essence in this ,'\greement and that
City will suffer financial loss if the Project is not completed within the Contract Time,
plus any extensions thereof allowed in accordance with Section 17.3. They also
recognize the delays, expense, and difficulties involved in proving in a legal
proceeding the actual loss suffered by City if the Project is not completed on time.
Accordingly, instead of requiring any such proof, City and D/B agree that D/B shall
pay as liquidated damages (but not as a penalty) for each calendar day of delay
beyond the time specified for Substantial Completion of the Project, the following
amounts which D/B expressly agrees are' "not unreasonable under the
circumstances" as defined in California Civil Code S1671 (b): $100 for each calendar
day. Liquidated Damages shall not be assessed after the date on which Substantial
Completion is achieved pursuant to Section 16.
Section 19:
Riaht to Modify Work
19.1 Without invalidating the Agreement and without notice to any surety, City may
at any time or from time to time, order additions, deletions, or revisions in the
Project; these will be authorized by a written Change Order prepared and issued by
City. Upon receipt of any such document, D/B shall promptly proceed with the Work
involved which will be performed under the applicable conditions of the Construction
Documents (except as otherwise specifically provided).
19.2 When City desires a change in the Project, City may issue a Request for
Proposal to D/B. D/B will be required to respond within the time indicated by City.
Section 20: Intentionallv Omitted
Section 21: Work Bv Others
21.1 City may perform other work related to the Project at the Project Site by City's
own forces, or let other direct contracts ("City Contractor"). The City will give D/B
reasonable notice of its intent to do such other work. D/B's work shall take priority
overthe City Contractors; but the Parties will use their best efforts to coordinate their
work so as to minimize the disruption to each other's work and to allow City
Contractor to proceed expeditiously:
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21.2 If the proper execution or results of any part of D/8's work depends upon the
work by the City or City Contractor, 0/8 shall promptly inspect and report to City in
writing any apparent delays, defects, or deficiencies in the City's work that render it
unavailable or unsuitable for such proper execution and results. D/8's faiiure to
promptly report such delays, defects, or deficiencies in writing before
. commencement of the affected work, will constitute an acceptance of the City's work
as fit and timely for integration with D/8's Work except for latent defects and
deficiencies in the City's work for which 0/8 will not be responsible
21.3 If 0/8 or any person or entity working for 0/8 causes damage to the City's or
City Contractor's work, property, or person, or if any ciaim arising out of D/8's
performance of the Project by any other contractor is made against 0/8, by City, any
other contractor, or any other person, 0/8 shall promptly repair and/or resolve said
claim at no cost to City.
Section 22: Warranties and Guarantees
22.1 0/8 warrants and guarantees to City that materials and equipment
incorporated into the Project will be new unless otherwise specified and that all work
will be in strict accordance with the Construction Doouments and will not be
defective. Prompt notice of defects known to City shall be given to 0/8. All
Defective Work, whether or not in place, may be rejected, corrected, or accepted as
reasonably directed by City, provided 0/8 shall not be entitled to an extension in
Contract Time or increase in GMP because of any delay or increase in cost
attributable to the rejection, correction or acceptance of said wo,-k. Defective work
may be rejected even if approved by prior inspection.
22.2 The warranty period shall commence when the Certificate of Final
Completion is issued (irrespective of beneficial use by City prior to Final Completion)
and extend one (1) year after that date or whatever longer period may be prescribed
by laws or regulations or by the terms of any applicable special guarantee or specific
provision of the Construction Documents.
22.3 0/8 is to provide any extra material for maintenance at the completion of the
Project, including items such as carpeting, base, floor tile, ceiling tile, paint, and
fllters.
22.3.1 0/8 is to provide City one (1) set of operating and maintenance data
manuals, fully bound and indexed, warranties, guarantees, and
bonds.
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22.4 Correction of Defective Work - If within the designated warranty period, or
such longer period as may be required by laws or regulations, the Project or any
part of the Project, is discovered to contain defective work, D/B shall promptly,
without any reimbursement or adjustment in the GfVlP, and in accordance with City's
written instructions, either correct that defective work, or if it has been rejected by
City remove it from the Project and replace it with work which is not defective, If
circumstances warrant it, including but not limited to, in an emergency, City or D/B
may have the defective work corrected or the defective work removed and replaced,
In that event, D/B shall not be allowed to recover any associated costs, and D/B
shall reimburse City for all direct, and indirect costs of City, and City shall be entitled
to an appropriate decrease in the GMP, to withhold a setoff against amount
recommended for payment, or make a claim on D/B's bond if D/B has been paid in
full.
22.5 With respect to all warranties, express or implied, from subcontractors,
manufacturers, or suppliers for Work performed and materials furnished under this
Agreement, the D/B shall:
22.5.1 Obtain all warranties that would be given in normal commercial
practice and as required by the City;
22.5,2 Require all warranties to be executed, in writing, for the benefit of
City;
22,5.3 Enforce all warranties for the benefit of City, if directed by City;
22.5.4 In the event D/B's warranty under section 22,2 has expired, City may
bring suit at its expense to enforce a subcontractor's,
manufacturer's, or supplier's warranty;
22.5,5 DIB shall assign all subcontractor, supplier and manufacturer
warranties including maintenance contracts from the installer for
specialized equipment, such as elevators, escalators, movable
partitions, equipment etc" to cover the limited warranty period to City
at the expiration of the one year warranty; and
Section 23: Use and Possession Prior to Completion
23,1 City shall have the right to take possession of or use any completed or
partially completed part of the Work if mutually agreed upon by the parties, Before
taking possession of or using any Work, City shall furnish DIB a list of items of Work
remaining to be performed or corrected on those portions of the Work that City
intends to take possession of or use, However, failure of City to list any item of
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Work shall not relieve D/B of responsibility for complying with the terms of this
Agreement. City's possession or use shall not be deemed an acceptance of any
\JI'/ork under this Agreement, nor relieve the D/B of any of its obligations under this
Agreement.
23.2 While City has such possession or use, D/B shall be relieved of the
responsibility for the loss of or damage to the Work resulting from City's possession
or use. If prior possession or use by City delays the progress of the Work or causes
additional expense to DiB, an equitable adjustment shall be made in the GMP or the
Contract Time, and the Agreement shall be modified in writing accordingly.
Section 24:
Personal Services and Non-Assianabilitv
24.1 This is a personal services Agreement and, therefore, D/B shall not alter the
key employees or Design Consultants nor assign or transfer, voluntarily or
involuntarily, any of its rights, duties or obligations under this ,'\greement except
upon the prior written consent of City. Any such change, assignment or transfer
without the prior written consent of the City shall be deemed null and void and
constitute a material breach under this Agreement.
Section 25:
Indemnification
25.1 To the fullest extent permitted by the law, D/B shall indemnify, defend, protect
and hold harmless City, its elected and appointed officers, agents, employees,
consultants, (collectively herein the "Indemnitees"), from and against all claims,
demands, causes of action, damages, injuries, liabilities, losses and expenses
(including, without limitation, reasonable attorneys' and consultants' fees and
expenses) of any kind whatsoever, arising in whole or in part out of or resulting from
D/B's performance of this Agreement, D/B's breach of this Agreement, or the
alleged negligent acts or omissions of DIB, its architects, engineers, other
professionals and consultants, Contractors, suppliers or anyone directly or indirectly
employed by any of them or anyone for whose acts they may be liable. The
obligations of the D/B under this paragraph for errors or omissions, including those
of the design professional subcontractors, which includes the Design
Subcontractors, consultants, agents and employees thereof ("Design
Subcontractors"), which arise from (1) the preparation or approval of maps,
drawings, opinions, reports, surveys, designs or specifications, or (2) the giving of or
the failure to give directions or instructions shall not be limited to the amount of
coverage provided for in the professional liability insurance policy. If City is fully
reimbursed by DB's insurance for any loss covered by this paragraph, D/B shall
have no further obligation for such loss.
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25.2 D/8's obligation to indemnify under section 25.1 shall not extend to such
claims, demands, causes of action, damages, injuries, liabilities, losses and
expenses, to the extent that such is the result of the active negiigence or the willful
misconduct of an Indemnitee. D/8's obligation to defend under section 25.1, if not
covered by the insurance to be provided on the Project, shall not extend to such
claims, demands, causes of action, damages, injuries, [iabilities, losses and
expenses, or causes of actions, to the extent that such are caused by the active
negligence or the willful misconduct of the Indemnitee, and from no other cause.
25.3 The D/8 agrees, notwithstanding the above to the fullest extent permitted by
law, to indemnify, defend, and hold hannnless the City, its elected and appointed
officers, employees, agents and consultants from and against any and all claims,
suits, demands, liabilities, losses, or costs, including reasonabie attorney's fees and
defense costs, resulting or accruing to any and all persons, firms, and any other
legal entity, caused by, arising out of or in any way connected with the handling,
removal, abatement, .capping, migration (after handling, removal, abatement or
capping) of, or disposal of any asbestos or hazardous or toxic substances, products
or materials that exist on, about or adjacent to the jobsite, whether liability arises
under breach of contract or warranty, tori, including negligence, strict liability or
statutory liability or any other cause of action. D/8's obligation regarding asbestos
or hazardous or toxic substances, products or materials shall be limited to the
proper removal within the Project boundaries and the proper disposal of such
materials.
Section 26:
RiGht to Terminate and Suspend Work
26.1 Archaeological and Paleontological Discoveries. If a discovery is made of an
archaeological or paleontological interest, D/B shall immediately cease operations in
the area of the discovery and shall not continue until ordered by City. When
resumed, operations within the area of the discovery shall be as directed by City.
26.1.1 Discoveries which may be encountered may include, but are not be
limited to, dwelling sites, stone implements or other a riifa cts , animal
bones, human bones, fossils or any item with cultural significance.
26.1.2 D/B shall be entitled to an extension of time and compensation in
accordance with the provisions of this Agreement.
26.2 Tennnination of Agreement by Citf for Cause. If, through any cause, D/B shall
fail to fulfill in a timely and proper manner D/B's obligations under this Agreement, or
. if D/8 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 D/B of such termination and specifying the effective date thereof at least
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five (5) days before the effective date of such termination. All finished or unfinished
documents, data, studies, drawings, maps, plans, specifications, reports and other
materials prepared by 0/8, or any of its agents, Design Consultants or
SubcontraclOrs, shall, at the option of the City, become the property of the City, and
0/8 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 amounts payable hereunder, and less
any damages caused by D/8's breach.
26.2.1 In the event the Agreement is terminated in accordance with this
Section, City may take possession' of the Project and may
complete the Project by whatever method or means City may
select.
26.2.2 If the cost to complete the Project exceeds the balance, which
would have been due, D/B shall pay the excess amount to City.
26.2.3 Rights of City Preserved. Where D/B's services have been so
terminated by City, the termination will not affect any rights or
remedies of City against D/B then existing or which may thereafter
accrue. Any retention or payment of moneys due D/B by City will
not release 0/8 from liability. It is agreed that termination
hereafter will not in any way release, waiver, or abridge any rights
the City has against D/8's performance bond surety.
26.2.4 Any dispute as to the amount due or owed to D/B upon termination
under this section shall be resolved in accordance with Section 33.
26.3 Termination for Convenience by City. City may terminate this Agreement at
any time and for any reason, by giving specific written notice to 0/8 of such
termination and specifying the effective date thereof, at least seven (7) 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 A.greement is terminated by
City as provided in this paragraph, 0/8 shall be entitled to receive just and equitable
compensation for any satisfactory Work completed, including reasonable
demobilization costs, to the effective date of such termination. D/B hereby expressly
waives any and all claims for damages or compensation arising under this
Agreement except as set forth herein.
26.3.1 Records and Documents Relatinq to Termination. Unless otherwise
provided in the Agreement or by statute, 0/8 shall maintain all
records and documents relating to the terminated portion of this
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Agreement for three (3) years after final settlement. This includes all
books and other evidence bearing on D/8's costs and expenses
under this Agreement. 0/8 shall make these records and
documents available to City, at D/8's office, at all reasonable times,
without any direct charge. If approved by the City Manager,
photographs, electronic files, microphotographs, or other authentic
reproductions may be maintained instead of onginal records and
documents.
26.4 Upon receipt of the Notice of Termination, 0/8 shall take any action that may
be necessary, or that the City Manager may direct, for the protection and
preservation of the prOpeiTy related to this Agreement that is in the possession of
0/8 and in which City has or may acquire an interest.
26.5 Pavment to 0/8 Due to Termination - 0/8 and the City Manager may agree
upon the whole or any part of the amount to be paid because of the termination.
The amount may include a fee proportional to the percentage of work satisfactorily
completed. However, the agreed amount, exclusive of costs shown In section 26.9
below, may not exceed the total dollar amount authorized by City as reduced by the
amount of payments previously made. If tenmination occurs during Phase I, II, or
III, D/B sha!1 only be entitled to the Fees for Phases I, II, or III, or a portion thereof,
and no amount for Phase IV D/B Fixed Fee, except for Phase IV 0/8 fixed fee
proportional to the percentage of work satisfactorily completed and authorized
pursuant to Section 6.
26.6 Failure to Aqree on Pavment - If 0/8 and City fail to agree on the whole
amount to be paid because of the termination of Project, City shall pay D/B the fair
and reasonable amounts detenmined in good faith by City as follows, but without
duplication of any amounts agreed to above:
26.6.1 The price for completed services accepted, including any retention,
by City not previ'ously paid;
26.6.2 The costs incurred in the performance of the Project terminated,
including initial costs and preparatory expense allocable thereto.
These costs are only for Work completed and accepted by the City
based on an audit of all Contractors' bills of materials and the
timecards for Work actually performed;
26.6.3 A portion of the D/B Fixed Fee (overhead and profit) based on the
percentage of Work completed on the Project; however, if D/B would
have sustained a loss on the entire Agreement had it been
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completed, City shall aI/ow no profit under this section and shall
reduce the settlement to reflect the indicated rate of loss;
26.6.4 D/B and Design Subcontractor services through the date of
termination shall be paid based on actual lime spent as documented
on timecards. Expenses shall be paid basad on invoice and receipts
provided by D/B;
26.6.5 Under no circumstances will D/B be entitled to any consideration for
lost profit or lost opportunity costs.
26.7 If O/B does not agree that the amount determined by the City Manager is fair
and reasonable and if O/B gives notica of such disagreement to City within thirty
(30) days of receipt of payment, then the amount due shall be as late,- determined
pursuant to the Dispute Resolution procedures in Section 33.
26.8 Pavment for Property Oestraved, Lost. Stolen or Damaqed - Except to the
extent that City expressly assumed the risk of loss, the City Manager shall exciude
from the amounts payable to 0/8 under this Section, the fair value, as determined
by the City Manager, of praperty that is destroyed, lost, stolen, or damaged so as to
become undeliverable to City,
26.9 Deductions -In arriving at the amount due 0/8 under this section, there shall
be deducted:
269.1 Any claim which City has against D/B under this Agreement; and
26,9.2 The agreed price for, or the proceeds of sale of, materials, supplies,
or other things acquired by 0/8 or sold under the provisions of this
clause and not recovered by or credited 10 City.
26,10 Termination of Aqreement bv D/B
26.10.1 D/B may terminate the Agreement upon ten (10) days written notice
to City, whenever:
26.10.1.1 The Project has been suspended under the provisions
of Section 26.1 or 26.2, for more than ninety (90)
consecutive days through no fault or negligence of 0/8,
and notice to resume Work or to terminate the
Agreement has not been received from City within this
time period; or,
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26.10.1.1 City should fail to pay D/B any monies due it in
accordance with the terms of this Agreement and within
ninety (90) days after presentation to City by 0/8 of a
request therefore, unless within said 1 O-day period City
shall have remedied the condition upon which the
payment delay was based.
26.10.2 In the event of such termination, D/B shall have no claims against
City except for those claims specifically enumerated in Section 26.9,
herein, and as determined in accordance with the requirements of
said Section.
Section 27:
Independent Contractor
27.1 D/B and any Design Consultant, Contractor, Subcontractor, agent or
employee of D/B, shall act as an independent contractor and not as an agent, officer
or employee of City. Except as expressly provided in this Agreement, City assumes
no liability for D/8's actions and performance; in particular, but without limitation,
City assumes no responsibility for paying any taxes, bonds, payments or other
commitments, implied or explicit, by or for 0/8. D/8 acknowledges that it is aware
that because it is an independent contractor, City is making no deductions from the
fees for services being paid to D/B and that City is not contributing to any fund on
the behalf of D/B. D/B disclaims the right to any type of additional fee or benefits.
Section 28:
Independent Judqment
28.1 Unless otherwise directed in writing by City, D/B shall, in providing the
professional services required by this Agreement, arrive at conclusions with respect
to the rendition of information, advice and recommendations, independent of the
control and direction of City, other than normal contract monitoring; 0/8, however,
shall possess no authority with respect to any City decision beyond rendition of such
information, advice and recommendations. 0/8 shall not have the authority to act as
an agent on behalf of City unless specifically authorized to do so by City in writing.
Section 29:
Maintenance of Records and Accountinq
29.1 0/8 shall maintain, during the Project and for a period of three (3) years after
completion of the Project, accurate and organized records of all costs of any type
and all services performed under this Agreement. City will have the right at any
time, including during the performance of all Phases of the Project to audit and copy
all such records.
Section 30:
Ownership of Documents
44
14-53.
30.1 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 materiais 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 linrdted 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.
Section 31 :
Force Maieure
31.1 Any party to this Agreement may be excused for any delay or faiiure to
perform its duties and obligations under this Agreement, except for obligations to
pay money, but only to the extent that such failure or delay is caused by an Event of
Force Majeure as set forth in section 31.2. If an Event of Force Majeure set forth in
section 31.2 causes a delay or failure in performance of only a portion of the
obligations of a Party under this Agreement, then only that portion of performance
which was delayed or prevented by such cause shail be deemed excused, and the
performance of all other obligations of a Party not so delayed shall not be excused
by an Event of Force Majeure. Delay or failure in performance of all other
obligations of a Party not so delayed shall not be excused by such Event of Force
Majeure. Delay or failure in performance by a Party which is the result of an Event
of Force Majeure set forth in section 31.2 shall be deemed excused for a period no
longer than the delay or failure in performance caused by such Event.
31.2 An Event of Force Majeure means an occurrence beyond the control and
without the fault or negligence of a Party, including but not limited to unusually
severe weather, fiood, earthquake, fire, lightning, and other natural catastrophes,
acts of God or the public enemy, war, terrorist act, riot, insurrection, civil disturbance
or disobedience, strike or labor dispute for which 0/8 is not responsible,
expropriation or confiscation of facilities, changes of appiicable law, or sabotage of
facilities, so long as such Party makes good faith and reasonable efforts to remedy
the delays or failures in performance caused thereby. However, 0/8, in developing
the GMP and Project Schedule, has incorporated three (3) days for anticipated
adverse weather days that may disrupt work on the Project; 0/8 shall be entitled to
relief under this Section for adverse weather only to the extent adverse weather
days exceed this amount of days.
31.3 A. Party shall give written notice to the other Party as soon after becoming
aware of the delay or failure in performance caused by an Event of Force Majeure
4S
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as is reasonably possible, but in any event within five (5) working days after Party
becomes aware of such delay or failure.
31.4 No Event of Force Majeure shall be a basis for monetary adjustment to the
GMP. Costs incurred by the 0/8 as a result of a Force Majeure Event will be
reimbursed according to the terms of this Agreement from the Contingency Fund.
Section 32:
Hazardous Materials
32.1 In the event the 0/8 or any other party encounters asbestos or hazardous or
toxic materials at the Project Site, or should it become known in any way that such
materials may be present at the Project Site or any adjacent areas that may affect
the performance of the 0/8's services, the 0/8 may, at his or her option and without
liability for consequential or any other damages, suspend perfomnance of services
on the Project until the City retains appropriate specialist consultant(s) or
contractor(s) to identify, abate and/or remove the hazardous or toxic materials, and
warrant that the Project Site is in full compliance with applicable laws and
regulations.
Section 33:
Oisoutes
33.1 All claims, counterclaims, disputes, and other matters in question arising
under, or relating to, the Agreement or the breach thereof shall be processed in
accordance with the provisions of this Section, unless specifically addressed by
another provision of this Agreement.
33.2 0/8 shall submit its written request for a Change Order to City pursuant to
Section 14. City shall make a determination on 0/8's request in writing within 7 days
of receipt of request and all supporting data. Said Change Order shall be made in
good faith and accurately reflect the adjustment in GMP or Contract Time for which
0/8 believes City is liable, and covers all costs and delays to which 0/8 believes it is
entitled as a result of the occurrence of the claimed event. All requests for
adjustment in Contract Time shall include an analysis of the Master Construction
Schedule and the impact of the claimed work on specific activities on the Master
Construction Schedule.
33.3 If O/B disagrees with City's determination, O/B shall file a claim in writing 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 iffully set forth herein, and such policies
and procedures used by the City in the implementation of the same.
r
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334 Pending final resolution of any claim, including litigation, 0/8 shall proceed
diligently with performance of the Project, and comply with any direction of City.
Section 34:
Notices
34.1 All notices, demands or other communications hereunder shall be given or
made in writing and shall be delivered personally or sent by courier or registered or
certified mail, retum receipt requested, postage prepaid, addressed to the Party to
whom they are directed at the following addresses, or at such other addresses as
may be designated by notice from such Party:
(i) To CITY
City Attorney
276 Fourth ,<l..venue
Chula Vista, CA 91910
Tel: (619) 691-5037
Fax: (619) 409-5823
Department of General Services
8uilding and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
Te! (619) 397-6220
Fax: 619) 397-6250
(ii) To 0/8:
Erickson-Hall Construction Co.
Attention: Michael Hall
500 Corporate Drive
Escondida, CA 92029
Tel: 760-796-7700
Fax: 760-796-7750
Any notice, demand or other communication given or made solely by mail in the manner
prescribed in this Section shall be deemed to have been given and to be effective three (3)
days after the date of such mailing; provided, however, that any notice, demand or other
communication which would otherwise be deemed to have been given on a day which is
not a working day shall be deemed to have been given on the next subsequent working
day.
Section 35:
Miscellaneous Terms
4'
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35.1 Reoresentations: Each Party hereto declares and represents that in
entering into this Agreement it has relied and is relying solely upon its own
judgment, belief and knowledge of the nature, extent, effect and consequence
ielating theieto. Each Party furthei deciaies and iepresents that this Agieement is
being made without ieliance upon any statement Oi iepiesentation of any othei
Party not contained herein, Oi any representative, agent Oi attorney of any othei
Party.
35.2 Seveiabiiitv: If any term or condition of this Agreement is held to any extent
to be invalid or unenforceable, all the iemaining teims and conditions shall be
enfoiceable to the fullest extent peimitted by law.
35.3 Entire Aoreement: This Agreement contains the entire agreement, between
the Parties and supeisedes all prior negotiations, discussions, obligations and rights
of the Parties in respect of each othei regarding the subject matter of this
Agreement. There is no other written or oral understanding between the Parties.
No modification, amendment or alteration of this Agreement shalt be valid unless it
is in writing and signed by the Parties hereto.
35A Diaftino Ambiouities: The Parties agiee that they are aware that they have
the iight to be advised by counsel with respect to the negotiations, terms and
conditions of this Agieement, and that the decision of whether or not to seek the
advice of counsel with iespect to this Agreement is a decision which is the sole
responsibility of each of the Parties heieto. This Agieement shall not be construed
in favor of or against either Party by ieason of the extent to which each Party
participated in the drafting of the Agreement.
35.5 Applicable Law: The formation, interpretation and performance of this
,Ll,greement shall be governed by the laws of the State of California. Venue for
mediation, arbitration and/or actions arising out of this Agreement shall be in the City
of Chula Vista, California.
35.6 Waiver: Unless otherwise expressly provided herein, no delay or omission
by the Parties hereto in exercising any right or remedy provided for herein shall
constitute a waiver of such right or remedy, nor shall it be construed as a bar to or a
waiver of any such right or remedy on any future occasion.
35.7 Effect of Headinos: Headings appearing in this Agreement are inserted for
convenience of reference only, and shall in no way be constiued to be
interpretations of the provisions hereof.
35.8 .Amendments: This Agreement may be modmed, amended or supplemented
only by the mutual written agreement of the Parties hereto.
48
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35.9 Authorization and Compliance: Each Party represents that iT is duly
authorized to execute and carry out the provisions of this Agreement.
35.10 Further Assurances: The Parties agree to do such further acts and things
and execute and deliver such additional agreements and instruments as the other
may reasonably require to consummate. evidence or confirm the agreements
contained herein in the manner contempiated hereby.
,
35.11 Counteroarts: This Agreement may be executed by the Parties in one or
more counterparts, all of which taken together shall constitute one and the same
instrument. The facsimile signatures of the Parties shall be deemed to constitute
original signatures, and facsimile copies hereof shall be deemed to constitute
duplicate original counterparts.
35.12 Exhibits and Glossa!'! of Terms: All Exhibits and Glossary of Terms are
incorporated herein by reference into this ,,",greement.
35.13 Third Party Beneficiar!: Nothing within this Agreement shall create a
contractual relationship betvveen the City and any third party.
[NEXT PAGE IS SiGNATURE PAGE]
49
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Ertok"~~
By:
Mike Ha
SIGNATURE PAGE TO
DESIGN/BUILD AGREEMENT
CITY OF CHULA VISTA
By:
Stephen C, Padilla, Mayor
ATTEST:
Susan Bigelow, City Clerk
Approved as to form by:
Ann Moore, City Attorney
50
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GLOSSARY OF TERMS
(See Attached)
J:\General Services\GS Adminlstration\Design Build Agreements'SMR Community Park DBA 080706.dac
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GLOSSARY OF TERMS
The following Glossary of Terms is designed to provide in a single location the defined
terms used in the Agreement and Supplementary Conditions. In the event of any conflict
between the following and the definitions set forth in the Agreement, those in the
Agreement and Supplementary Conditions shall take preference.
Additional Services. Services which the City has authorized the D/B to perform
and which are beyond the scope of work as set forth in the Agreement.
Additive Costs. Any cost above that which would normally be found in a
competitive bid situation.
Agreement. The Design/Build Agreement including all attachments between City
and D/B.
Certification of Completion. The document, by which D/B certifies that the Project
has been fully completed in accordance with the Construction Documents, all applicable
building codes and regulations, all permits, licenses, and certificates of inspection, use and
occupancy, and ordinances relating to the Project.
Certificate of Occupancy. The document issued by City authorizing occupancy of
the entire Project.
Certificate of Substantial Completion. The document issued by City after it
reasonably determines the Project has achieved Substantial Completion as defined in
Section 1.3.2 of the Agreement.
Change Order. A written amendment to the Agreement executed by City and D/B
modifying the terms of the Agreement pursuant to the terms of Section 14.
City. City shall refer to the City Representative, Agent andlor City Inspection'
Representative.
City Representative. Matt Little shall be the initial City Representative. The City
Manager will notify D/B in writing of the name of any successor City Representative and
D/B shall be entitled to rely upon the directions of the current City Representative until
receipt of said written notice. The City Representative shall act on behalf of the City with
respeCt to this Agreement unless the Agreement provides otherwise. D/B shall not make
any modifications to the Project unless directed by the designated City representative.
Construction Documents. D/B's architectural, structural, mechanical, electrical,
plumbing plans and details as well as the plans showing installation of major systems,
equipment, fixed furnishings and graphics, the technical specifications and all other
- 1 -
1 4- 61
technical drawings, schedules, diagrams and specifications, necessary to setforth in detail
the requirements for construction of the Project.
Contractor. Any person or entity with whom the 0/8 or City contracts or
subcontracts for construction of the Project.
Contract Amount. The dollar amount authorized by the Chula Vista City Councii to
be paid to the 0/8 as consideration for full performance under the terms of this Agreement
which includes the GMP and Reimbursable Costs.
Contract Time. The time within which 0/8 has to complete all Work and services
under the Agreement, which commences with the execution of the Agreement and ends
with the Final Completion Date.
Day. Is a working day, unless specified otherwise.
Defective Wor\<.. Work on the Project which is not in compliance with the
Construction Documents.
Design Builder. D/B including but not limited to consultants, subconsultants,
contractors, subcontractors, employees, agents or any other person or entity working for or
on behalf on 0/8.
Design Subcontractors. The architects, engineers and other design professionals
contracting with the City or D/B to perform design services for the Project.
018 Fixed Fee. The fixed sum which D/B shall receive as full compensation for
performance of all services and obligations under this Agreement, including all costs of any
type incurred by 0/8; but not including (1) Hard Construction Costs, and (2) Reimbursable
Costs, (3) D/B Contingency Fund.
Event of Force Majeure. The type of event defined in Section 31 of this
Agreement.
Final Completion. The date on which the last of the following events occurs: (1)
recordation of a Notice of Completion for the Project; (2) acceptance of the Project by the
City; (3) issuance of a final Certificate of Occupancy for the Project; (4) submission of ail
documents required to be supplied by D/B to City under this Agreement, including but not
limited to as-built drawings, warranties, and operating manuals: (5) and delivery to City of a
Certification of Completion duly verified by 0/8.
Final Payment. Payment to D/B 35 days after date of Final Completion as set forth.
in Section 15.
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14-62
Guaranteed Maximum Price (GMP). The guaranteed maximum price ( herein
"GMP") which D/B shall be paid by City for all Hard Construction Costs and D/B Fixed Fee
as set forth in of Exhibit 2 for the complete design and construction of the entire Project as
specified.
Hard Construction Costs. All costs D/B incurred in contracting actual construction
Work on the Project for the performance of the Work on the Project including a
Contingency Fund, as set forth in of Exhibit 2; but specifically does not include: (1) costs
associated with the design and construction management services to be performed by D/B
under this Agreement or (2) costs incurred due to D/B'snegligence or failure to perform
according to the terms of this Agreement, including, but not limited to, failure to adequately
supervise the Project, use of materials which do not comply with the Construction
Documents.
Management and Implementation Plan. D/B's detailed description of all
necessary procedures and methods to be utilized by D/B in performing its construction
services under Phase IV of this Agreement.
Master Construction Schedule. D/B prepared and City approved Master
Construction schedule for Phase IV showing all major milestones, bid dates for major bid
packages, commencement of construction, sequence of construction, completion of
structural elements, completion of the exterior of the building, which shall conform with the
dates of Substantial Completion and Final Completion of Project. D/B will update the
schedule as required by the Agreement.
Notice of Completion. City document issued after Chula Vista City Council
formally accepts the Project.
OnsitelOffsite. Refers to Project Site, unless otherwise indicated.
Party. The Parties to this Agreement, The City of Chula Vista ("City"), and Erickson-
Hall Construction, Co. ("D/B").
Phase!. Phase I shall consist of all services and events described or implied in
Section 5 of the Agreement, including but not limited to preparation of schematic design
docui(lents, and cost estimates.
Phase II. Phase II shall consist of all services and events described or implied in
Section 6 of the Agreement, including but not limited to the preparation of Design
Development Documents, outline specifications and cost estimates.
Phase III. Phase III shall consist of all services and events described or implied in
Section 7 of the Agreement, including but not limited to the preparation of 100%
Construction Documents, Master Construction Schedule, preparation of GMP Finalized
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14-63
Management and Implementation Plan and determination oi need ior and conducting oi
additional subsurface investigation.
Phase IV (if applicable). Phase IV shall consist oi all services and events
described or implied in Section 8 oithe Agreement, including but not limited to conducting
competitive bidding ior the Work, and the construction and completion oi the Project.
Project. The design and construction of a completed and iully iunctional park and
on and off site improvements as more fully desoribed on the Park Master Plan.
Project Budget. The amount oi money authorized by the Chula Vista City Council
to be expended on this Projeot, including the GMP, Reimbursable Costs and all other City
costs.
Project Site. All areas where Work is to be performed pursuant to this Agreement
as shown in the Construction Documents.
Reimbursable Costs. Includes the premiums for Performance 80nd and Payment
Bond furnished by 0/8 pursuant to Section 15 of the Agreement, the net premiums (less
any premium returns) forthe insurance, including costs for insurance brokers, deductibles,
Safety Program and consultants which DIB is required to purchase and maintain pursuant
to Section 10 of the Agreement, the cost of all necessary permits obtained by DIB for the
Project pursuant to Section 3.1.10 of the Agreement, the costs of subsurface investigations
performed pursuant to Section 3.1.14 of the Agreement, costs for extension of warranties
pursuant to Section 20 of the Agreement, and Safety Program pursuant to Section 9 of the
Agreement.
Small Tools. Mobile items less than $1500 in total value.
Substantial Completion. The date on which (1) the progress of construction when
all Work on the Project is sufficiently complete in accordance with the Construction
Documents so that City can occupy and utilize the park and (2) all goods and services to
be provided under the terms and conditions of the Construction Documents are in place
and have been initially tested, and are operationally functional, subject to final testing,
balancing and adjustments and a Final Completion punch list Work.
Worle All services, tabor, materials, supplies, and equipment necessary for 0/8,
Contractors and consultants to complete the Project.
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14-64
EXHIBIT LIST (I-III)
Exhibit I
RFP for Design Build Services for Mt. San Miguel Community
ParK
A) ParK Master Plan
B) Sample Design/Build Contract and Glossary of Terms
(INTENTIONALLY NOT INCLUDED)
C) Project Location
Exhibit 2
Design Build Fee Structure
Exhibit 3
Identification of Design Build Team Members
S2
14-65
EXHIBIT 1
RFP Tor Design Build Services Tor Mt. San Miguel Community Park
A) Park Master Plan
B) Sample Design/Build Contract and Glossary of Terms
(INTENTIONALLY NOT INCLUDED)
C) Project Location
14-66
~~~
~
,...-.- ---- -------
-----
........~~~
cny Of
CHULA VISTA
REQUEST FOR PROPOSAL
FOR
DESIGN/BUILD SERVICES
FOR
MT. SAt'! l\'IlGUEL COi\'IMUNITY PARK
RFP Issue Date:
Friday, May 19,2006
Proposal Due Date & Time:
Friday, June 16, 2006
4:00 p.m.
City of Chula Vista
General Services Department
Building and Park Construction
1800 Maxwell Road
Chula Vista, CA 91911
. 14-67
T abl.e of Contents
1.0 INTRODUCTION............ ................. ......... .......... .......... ......................................................1
2.0 IlVIPORTAI'H DATES ...................................................................................................1
3.0 PROJECT DESCRIPTION ..... .......................................... ..... ........... .... ..... ........................1
4.0 GENERAL OBLIGATIONS OF DBT............................................................................2
5.0 SCOPE OF WORK............................................................................................................4
5.1.1 Pre Construction Services - Phase I ...............................................................................4
5.2.2 Construction Services - Phase II..................................................................................... 7
5.2.3 Operations/Startup Services - Phase ill.......................................................................... 9
6.0 IN"SUR.Al'1'CE REQUIRErvlE'N1S ..... ................. .............. ........................................ ........ ...9
7.0 INSPECTION ....................................................................................................................1!
8.0 CHANGE IN GMP AND CONTRA.CT TIME ..............................................................11
9.0 PROJECT COIVIPLETION ..............................................................................................11
10.0 WARRh'1'TIES A."ID GUARAl"lTEES ............................................................................12
11.0 rvLA.INTENANCE OF RECORDS "Al'il) ACCOtTtiTING ..............................................13
12.0 OWNERSHIP OF DOCUMENTS ...................................................................................13
13.0 RIP REQlTIREMENTS.....................................................................................................13
13.3 General RIP Requirements: .........................................................................................14
13.4 Contents: ............................ ...................... ......... ............... ......... ...................... ..............14
13.5 Experience and Technical Competence: .......................................................................14
13.6 Proposed Method to Accomplish the Work:................................................................. 15
13.7 Knowledge and Understanding of Local "Environment": ............................................15
13.8 Project Organization and Key Personnel: .....................................................................15
13.9 Financial Arrangements for DBT Members: ................................................................15
13.10 Exceptions to this RIP: .................................................................................................15
13.11 Addenda to this RIP: ....................................................................................................16
13.12 Minimum Contractor Qualifications:............................................................................ 16
13 .13 Schedule of RaTes and Fees. . . . .. . . . . .. .. . . . . .. . . . . . .. . . . . . . . . . . . .. .. .. . . . .. . . . . . . . . . . . . . ... . . . . . 16
13.14 Additional Information. ........ . ...... " .... ..... .. . ...... ......... .. ....... ... ...... . ......... ..17
14.0 PUBLIC DISCLOSURE ..................................................................................................17
15.0 PROPOSi\L SCHEDULE ......:..........................................................................................18
16.0 PROPOSAL SELECTION PROCESS ..............................................................................18
17.0 PROPOSAL EVALUATION CRHERL;, .......................................................................18
14-68
18.0 CONTRA.CT TERJvlS A.liD CONDmONS .....................................................................18
ATTACIDyJB.rr A- Approved Master Plan....... ........ ..... .......... ......... ... ... ....... ... ......20
ATIAClIlYlENT B - Sample DesignlBuild Contract and GlOSS2..1/' of Terms.. ... .............. ....21
14-69
REQUEST FOR PROPOSAL
DESIGNfBlJILD SERVJCES
1.0 INTROD UCTION
l.l The City of Chula Vista (City) is cITculating this Request for Proposal (RFP)
requesting proposals from Design/Build Teams (DBT) qualified to provide the CiTY
with, design services, engi.neering services, architectural services, constrClction
management, and construction seriices/coordination for the construction ofMt. San
Nliguel Co=unity Park. The DBT shall consist mainiy of a General Contractor,
Landscape Architect and an-'\rchitect. All DBI members shall be licensed/registered
with the State of California. This RFP describes all the elements of the project, the
required scope of services, the design/build team selection process, and the minimum
information that must be included in the proposal. Failure to submit informaTion in
accordance with the RFP's requirements and procedures may be a cause for
disqualification.
1.2 This RFP has been distributed to selected firms on the City's list of Design/Builders
cer"jiied on June 17,2003. Award will be based on the DBI and the beST value
proposal, including design fees, general conditions and construction fee. Price will be
a primary factor, but not the sole consideration for award. Contracts will be awarded
in accordance with the Chula Vista Municipal Code and the DesignlBuild Ordinance
as outlined in Section 2.57 of the Chula Vista Municipal Code.
1.3 The City encourages the Design Builder to contact the Landscape Architect that
prepared the Master Plan for Mt. San Miguel Co=unity Park. This is not a
requirement that Landscape Architect be part of the DB I.
2.0 rMPORTAi'ff DATES
2.1 Proposal Due Date: Friday JU1Ie 16,2006 by 4:00 p.m.
Location: Public Works Center, 1800 Maxwell Road, Chula Vista, CA 91911-
General Services Department receptionist
3.0 PROJECT DESCRIPTION
3.1 The DBI shall design and construct for the City: a completed and fully functional
park and restroom facilities (referred to hereafter as "Project"). The park shall
include, but not be limited to all components outlined and described in the attached
document titled "Mt. San Miguel Co=unity Park" (Attachment A). The Mt. SaIl
Miguel Co=unity Park is located on Paseo Veracruz in eastern Chula Vista.
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4.0 GENERU. OBLIGATIONS OF DBT
4. I The services to be provided by DBT are generally to be performed in three "Phases",
Pre-construction Services, Construction Services, and Operation/Scart Up. The
services to be provided in each Phase are specified below in this RFP. The DBT
shall:
A. Perform all services, work and obligations as described herein for a Guaranteed
Maximum Price ("GrvJ:P") which will be set at I 00% construction documents
and shall include all Design Services and all Hard Constmction Costs necessary
to provide a fully completed and functional Proj ect including, but not limited
to, general conditions, the cost for all labor, equipment, material, and the DBT
Fixed Fee which includes fees and expenses of any type associated with
completing the Project. Any costs incurred by DBT in excess of said GMP
shall be the sole responsibility of the DBT, except for change orders approved
by the City in accordance with the DBT contract to be execmed with the DBT.
A sample contract is enclosed as Attachment B.
4.2 DBT shall be obligated as follows:
A. At all times in performing' its services under tbjs Agreement to design and
construct the best possible Project consistent with standard of care that satisfies
the time, monetary, quality and design parameters set forth in this RFP and
subsequent DfB Contract.
B. Design and construct the Project on time, consistent with time fIa.lies set forth
in the Project Schedule, and in such a manner that the GMP or Contract Time
of the Project shall not be exceeded, but ifDBT reasonably believes that any
action, inaction, decision or direction being made by City or agent for the City
will likely result in the GMP or Contract Time being exceeded or the Project
being completed late, DBT will notify City, for approval or denial, in writing
within five (5) calendar days of discovering such action, inaction, decision, or
direction. Included in such notice will be an estimate of the cost and time
impact resulting from such action, inaction, decision or direction.
C. Perform, or obtain prior written consent of the City to subcontract all design
services for the Project utilizing qualified, licensed and sufficiently experienced
architects, engineers and other professionals. DBT shall not be permitted to
substitute any Design Consultant unless authorized by City.
D. Perform all construction on the Project utilizing Subcontractors appropriately
licensed by the California Contractors State License Board or other required
agencles.
E. Perform all services as expeditiously as is consistent vvith reasonable skill and
care and shall complete the services within each and all of the time periods set
forth within the approved project schedule.
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1 4-71
F. Comply with the California Fair Employment and Housing ACe and all other
State, Federal and local laws including, but not limited to, those prohibitiIlg
discrimination., on account of race, color) national origin, religion, age, sex or
handicap.
G. Study all applicable laws, codes, ordinances, ruies, orders, regulations, fu'"ld
statutes affecting the Project, including but not limited to, zoning,
environmental, building, fire and safety codes and coverage, density fu"'ld
densicy ratios and lien laws, and comply with them in performance of its
services. DBT shall ensure that within the established GwfP that the Project
conforms to all applicable federal, state and 10calla'Ns, statutes, ordinances,
ruies, regulations, orders or other legal requiremems.
H. Take all reasonable steps during the course of construction to control dust and
noise in accordance with the provisions in the 2000 Edition of the Standard
Specifications for Public Works Construction, City Ordinances and the DIE
contract.
1. Use reasonable care to avoid damaging existing i.t-nprovements and vegetation
adjacent to the Project Site. If DBT causes damage to any of this properry,
DBT shall replace or repair said property at no expense to City and shall not be
a basis for seeking an adjustment to the GMP or Contract Time.
1. To obtain all permits necessary to complete the Project. City shall reimburse
cost of permits. DBI shall be responsible for obtaining and paying for all
mLT10r permits normally obtained by the trades or subcontractors.
K. Conform proj ect design to the requirements of the Americans With Disabilities
Act Accessibility Guidelines ("ADAAG") and the Americans With Disabilities
Act ("ADA").
1. Seek and obtain written approval from the City of the drawings for each of the
following design phases: (I) schematic design (2) design development (3) 50%
construction drawings and (4) 1 00% construction drawings. Said approvals
shall be evidenced by written notice to proceed with each subsequent phase.
M: Provide cost estimating and value engineering services, which takes into
consideration long-r:ange maintenance costs, energy efficiency, and impacts on
operation of the Project.
N. Review the environmental documents and all technical reports relating to the
Project Site; and determine and advise City if any additional needed studies are
warranted. DBT shall perform said studies as authorized by Cicy. The costs of
said studies are Reimbursable Costs to be paid by the City without markup.
O. DBT agrees to fully assume all risks, and costs associated with such risks, in
performing the services and meeting the obligations under this RFP and the
DIE contract.
P. DBT warrants w1.at at least one member of the DBT team shall be licensed by
the CalifoIT'ia Contractor's State License Board as a General Building
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Contractor. DBI is to provide a list of the responsible people within their
organizations performing services, 'Nbich shall include their qualifications and
their function, for approval by t.'1e City prior to start of construction. City and
DEI shall establish "key personnel" who shall remain on the Project until Final
Completion. If any such "key personnel" leave the employment ofDET, City
shall have the right to approve the replacement personnel. DBI shall comply
with all licensing requirements of the State of California., County of San Diego,
and City of Chula Vista.
Q. DBI agrees and acknowledges that the City Representative is the only person
with authority to approve additions or modifications to Project. Any COSTS or
delays resulting from or associated with additions or modifications
implemented without the written authorization of City Representative shall be
borne exclusively by DEI and not be grounds for an increase in GNIP or
Contract Iime unless necessary to protect public health, safety or property.
5.0 SCOPE OF WORK
5.1 Services required of the DBI include those during design, construction, and
operations/startup of the Project. Tue GNIP will be developed based on all
management, supervision, labor, services, equipment, tools, supplies, and any other
item of every kind and description required for a comprehensive design and
const.-uction program. The scope of work includes, but is not limited to, the following:
1. Develop and Implement Proj ect Management Plan and Procedures
2. Monthly project scatus reports
3. Coordination/interface with the City and its other
consultants/contractors
4. Pro gress meetings
5. Interface and co=unications with other agencies
6. Vendors and subcontractors management
7. Document control
8. Schedule and budget control
9. Quality assurance and quality control
5.1.1 Pre-Construction Services - Pllase I
Utilizing the City required standard specifications, facility program
requirements, approved master plans, Federal, State, and CiLf performance and
design criteria, concept drawings, and reports that will be identified in the
Design/Build contract, the DEI will:
4
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1. Prepare schematic design, design development 821d conscruction dravvings
and specifications suitable for obtaining City approval and issuance of
permits.
2. Complete the design for all elements of the project, including but not
limited to: architectural, civil, structural, landscape archltectural,
mechanical, electrical, and specialty consulting areas.
3. Evaluate alteII1..ative structural and construction approaches for all
facilities to ensure economical designs that optimize conmctability yet
meet all codes, architectural concepts, conceptual designs, and standard
specifications of the project. Design shall satisfy the Americans with
Disabilities Act VillA) requirements as required.
4. Incorporate the requirements of permitting agencies in the course of
design. The DBI shall apply for and secure all permits and provide all
necessary reports, studies and support required to obtain the permits. In
addition, the DBI shall research all Air Pollution Control District and
noise abatement requirements, along with any hazardous materials
management requirements of l'TFPA, Cal-OSHi\ and the City Fire
Department. The DBI shall develop all appropriate enviro=ental plans,
including but not limited to, an air pollution control plan, a noise
abatement plan and a hazardous materials management plan. The DBI
shall prepare, submit and obtain approval of an application for Storm
Water Pollution Prevention Plan to the appropriate authority. The DBI
shall incorporate appropriate facilities in the design.
S. Conduct site surveys and geotechnical investigations to the extent
necessary for final design. Survey and geotechnical i.t-uormation to be
provided by the City may be preliminary in nature and may not have
sufficient accuracy or scope to support final design.
a) Prepare Construction Cost Estimates and Project Budgets based on
Schematic Design. Prepare revised Cost Estimates during Design
Development and Construction Documents and Bidding phases at
intervals specified in the Design Build Agreement. Develop Project
cost model inclusive of detailed Quantity Surveys and Cost Es'"Umates.
b) Perform three-value engineering reviews to reduce cost and/or add
value, utilizing all team members and City resources. Include
recommendations to maximize energy efficiency and build a "green"
or low-pollution project. Prepare a Value Engineering Report of all
considerations, recommendations and decisions. The goal is to
miL'iimize the quality of construction at a cost equal to or below the
Project Budget.
c) Perform Quality Control CQq Review of the Dra\vings and
Specifications throughout all Phases in order to correct errors and
omissions and reduce the quantity of Change Orders during the
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course of construction. Include a detailed review of dra'Nings and
designs relative to Code Compliance Laws. Organize and publish
detailed QC Reports based on all [mdings.
d) Est.ablish a Critical Path Method (CPi'vI) Constc-uction Schedule.
Monitor, update and report to keep the project on schedule.
e) Establish a bidding strategy. Identify, contract, and procure long lead
items. Create early bid packages where applicable.
f) At 100% Construction documents, provide cost estimate t':tat will be
used to establish a Guaranteed Maxim= Price (Gi'lJP). .Any Savings
at the end of the project will be deducted from the Gi'vJP and retlli-ned
to the owner.
g) During the Bidding of the Project, the DBT shall:
1) Reco=end appropriate subdivisions of work into discrete Bid
Packages.
2) Create detailed Scope of Work Packages for bidding to multiple
sub-contractors that will be contracted directly to the DBT.
3) Create all Bidding Documents. SpecifY unit prices, alternates,
quantities, bonding and insurance requirements.
4) Secure a 1:I1D.-llm= of three complete and competitive bids for
each package and competitively bid each package.
5) Receive and resolve all Requests for Information (RFI's) and bid
questions.
6) Schedule meetings with the City to open and review bids for each
subdivision of work. Review bids in detail. Clarify Scopes of
Work, exclusions, etc. Ensure bids match DBT Scope of Work.
7) Make reco=endations for selections and award of bids based on
lowest, responsible and. most complete bids. Provide cost
spreadsheets which compares bids to cost estimates. If lowest
responsible bid exceeds cost estimate, prepare recommendations
to resolve the problems and reduce cost without compromise to
the overall goals of the Project, w]1ile remaining within Budget
and on Schedule.
h) Assemble a constructability review team with City participation at the
50 percent design completion stage. Incorporate results of the team's
review into the design.
i) Provide construction cost control estimates during the design to
support VE and constructability reviews. Revise t.lJ.ese cost control
estimates once accepted VE reco=endations and other revie'>;
comments have been incorporated.
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j) Identi..fy all permit requirements and prep8J:e applications and support
docwilents necessac-y for obtaining all permits. PeI"illit fees will be
borne by the City.
k) Prepare dra.c4: Operations Manual L'ldex to serve as the basis for
preparing the final Operations Mac-mal dming the construction phase.
Construction Services - Phase II
A) Tne DBT shall construct the facility in accordance with the approved
construction drawings and specifications (and associated permits)
prepared by the DBT to meet or exceed all requirements of the City
provided program offacility requirements. The DBT shall also:
1. Conduct weekly team meetings with the City and appropriate
design team members dw-ing the course of construction to review
the status of the project.
2. Ensure the workmanship and materials provided are in accordance
with the Project Specifications and the Architects and meet or
exceed quality construction industry standards for this type of work.
3. Provide list of required shop draw-ing submittals. Review shop-
drawing submittals for technical and code compliance. Provide
copy to the City for reVIew and co=ent.
4. Provide resident engineering, contract administration, and
inspection staff, including specialists necessary for the functional,
safe, on budget and on-schedule completion of the Project, starting
with the issuance of a Notice to Proceed from the City and
extending through issuance of Notice of Completion and
Acceptance. City staff will also perform inspection to verify
compliance with the plans and specifications, permits and contract
documents.
5. Ensme construction compliance with applicable local, state, and
federal codes, building and environmental permit requirements, and
construction mitigation documents and enforcement of the Contract
Documents.
6. Provide surveying, and other contracted services as required
completing projects construction. Coordinate Cirj contracted
testing and inspection services dw-ing the course of construction.
7. Develop, implement and manage a construction phase Qualirj
Assmance/Quality Control (QAlQC). The Plan shall include but
not be limited to: 1) a statement and definition of QA/QC goals; 2)
an identification of QAlQC criteria and elements; 3) development
of the project QAlQC implementation plan; 4) development of the
QAlQC materials, components, equipment and system testing
plans; and, 5) enforcement of the plans and specifications.
1 47-76
8. Submit the proposed QAlQC Plan to the City for review. The Plan
shall not be implen:;ented "vithout "ritten approval of the City.
9. Be responsible for prepa.Tjng the Critical Path Method (CP:M)
schedule utilized during the proj ect consw:uction and startup
activities. Use Microsoft Project scheduling software consistent
with the City reporting system.
10. Develop a project-specific Plan for defining, tracking a.l1d reporting
cash flow activity requiremenrs and submit such plan to the City for
review and approval prior to implememation.
II. Develop a project-specific Change Order Administration Plan for
review and approval by the City. Upon written approval of the
Plan, the DBI shall initiate implementation. The Plan shall define
the required Change Order procedures, including requirements for
requesting, developing, approving, and filing.
12. Implement and maintain an internal records management and
document control system as required to support project operations.
The DBI shall provide records management and document control
information in a manner consistent with the city-wide Prolog
Management reporting/flling system.
13. The DBI shall develop an on-site Project Safety Plan for review
and approval by the City. The DBI shall administer and enforce
the City approved on-site Project Safety Plan for the Project. The
DBI shall monitor and enforce Project construction Contractor
responsibility for safety and health issues relating to their workers
as the Proj ect Site. This shall include workers in direct employment
to the Contractor and workers involved in a subcontracting,
equipment supply, or any other project-related oral or written
arrangement with the DBI.
14. Report accidents, claims, and other on-going safety related issues to
the City in a manner consistent with Citywide reporting systems.
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Operations/Startup Services - Phase ill
a.. Tne DBT shall prepare, submit for City review and written appravcl a
Project Startup and Testing Plan for the Project. The DBT shall fully
implement said plan.
b. Tne DBT shall conduct Operator Traini.c"1g Sessions for personnel.
c. The DBT shall supenise, ma..'1age, and coordinate all project startup and
testing activities for all systems 'Nithin the provisions of IJ.'1e Contract
Documents.
d. The DBT shall report progress of project startup and testiJ."1g to the City in
a m3..c"lner consistent with the Cit-y's reporting system.
e. Tne DBT shall coordinate and expedite record drawings and
specifications.
f. The DBT shall prepare final accounting and close out reports.
g. The DBT shall prepare occupancy plan reports.
h. Unless the DBT receives the Cit-y's prior approval to substitute equal or
better qualit-j materials, the DBT warrants to City that material and
equipment incorporated in the Project will be new, unless othemise
specified, and that the Project will be of good quality, free from faults and
defects, and in strict conformance wit.'1 the Construction Documents and
the D/B contract.
1. Post Construction: DBT to coordinate an II-month walkthrough of the
Project to review guarantee/warranty items. DBT to coordinate all
corrective work with the responsible parties and the City. The DBI shall
report to the City all guarantee/warranty disputes. The DBI shall proceed
to resolve such disputes after having submitted to the City for review and
approval the DBI's approach for obtaining resolution for the dispute.
6.0 mSURANCE REQUIREMENTS
Tne Design Builder (DB) shall procure and maintain for the duration of the contract, insurance
against claims for injuries to persons or damages to property, which may arise from or in connection
with the performance of the work hereunder by the DB, his agents, representatives, employees or
sub-consultants. All sub-consultants shall be required to comply with the applicable insurance
provisions. The maintenance of proper coverage is a materials element ofrhe DB contract and that
failure 10 maintain or renew coverage or to provide evidence of renewal may be treated by the City as
a material breach of contract.
6.1 iYJ:ini.mum Insur3..c"1ce Requirements
6.1.1 The firm selected to perform the work described herein will be required to provide
evidence of:
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61.1.1 Co=ercial General Liability insurance, ISO CG 0001 OcclL.--rence form,
;"ith combined single limits of not less than $1,000,000 per occurrence per
project. Policy to include endorsement naming City of Chula Vista, its
officers, officials, employees and volunteers as Additional Insured against all
liability of the DB, its subcontractors, a"d its authorized representatives,
ariSiIlg out of, or in connection with, the performance of work under the
contract with the City. Policy is to be endorsed to state it is Primarf to any
other insurance available to the City of Chula Vista and that insurer 'vill
prOvide THIRTY (30) days vvritten notice to the City Clerk of the City of
Chula Vis'"ill of cancellation or material change.
6.1.1.2 Co=ercial Automobile Liability Insurance, ISO CA 0001 form, A.1lY Auto
code, with a combined single limit of not less than $1,000,000, covering
bodily injury and property damage for owned, non-owned and hired
automobiles, and name the City, its officers, officials, employees and
volunteers as additional insured's.
6.1.1.3 Workers' Compensation and Employer's Liability insurance, for all
employees who are normally engaged in Work at the Project Site, with
Statutory Limits for Workers' Compensation and not less t'1an Employer's
Liability limit for Bodily injury by Accident $1 ,000,000, each accident Bodily
Injury by Disease $1,000,000, Bodily Injury by Disease $1,000,000. A
Waiver of Subrogation shall be endorsed to the policy naming the City of
Chula Vista.
6.1.1.4 Professional Liability insurance shall be required for professional liability or
errors and omissions insurance with a per claim limit of not less than
$2,000,000 for services performed by the Design comractors and any
subcontractors performing design services. The policy shall contain an
extended reporting period of not less than 2 years.
6.1.1.5 Builder's Risk Property Insurance will be provided by the DB. The DB will
add the City, its officials, officers, employees and volunteers as Loss Payee.
The insurance shall waive any right of recovery under subrogation for those
insured under this policy. The limit is to reflect full replacement cost of hard
cost COnstruction values. Perils are to be all risk excluding Earthquake and
Flood. Perils are to include any transportation risk but is to exclude any
equipment, machinery, tools, or property of similar nature, owned, rented 'or
used by DB or contractors.
6.1.1.6 Other Provisions. Prior to beginning Work under the Agreement, each and
every contractor of any tier shall furnish Certificates of Insurance satisfactory
to the City. All such certificates will contai,\1. at least the follo;,ing
provlSlOns:
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6.1.1.6.1 Thirty (30) days wntten notice to the City prior to any cancellation,
non-renewal or materials reduction in coverage.
6.1.1.6.2 The words "will endeavor" and "butfailure to mail such notice shall
impose no such obligation or liability of any kind upon the
company, its agents or representatives" will be deleted from the
certifi cat e.
6.1.1.6.3 Throughout the life of the A::reement, each and ever'! contracmr of
any tier shall pay for and maintain in full force and effect, with an
i.c"1surer authorized by the California Insurance Commissioner to do
business in the State of California, the policies evidenced herein.
Any insurance provided for the City, DB or subcontractors for this project shall be written through an
insurer admitted in the State of California with an A...M Best rating of not less than A,V. Any
exceptions are at the sole discretion of the City and subject to written approval of the City.
7.0 INSPECTION
7.1 City shall be responsible for material testing and i.c"1spections, ,,,ith reimbursement to
be required by DBT for any re-inspections. The City shall either perform said
inspection services with its oym forces or contract with third parties. It shall be the
responsibility ofDBT, however, to call for, coordinate and schedule all inspections.
7.2 City, its consultants, subcontractors, independent testing laboratories as well as other
governmental agencies with jurisdictional interests will have access at reasonable
times for this observation, inspecting and testing. The DBT shall provide them
proper and safe conditions for such access and advise them of DBI's safety
procedures and programs for compliance.
8.0 CHAl'fGE IN GM:P At"'!) CO"t'<lRACT TIME
8.1 The GMP a..'1d Contract Time may only be changed with a written Change Order.
Cha.T1ge Orders shall be issued only under the following circumstances:
A. The City directs DBT to perform Additional Services.
B. F or reasons expressly pro vided in the DIB Contract.
9.0 PROJECT COiYIPLETION
9.1 Substantial Completion shall be that stage in the progress of the construction when
aU Work on the Project is sufficiently complete in accordance wi-u't the Construction
Documents so that City may fully utilize entire Project; Substantial CompletionshaU
further mean that all goods, services and systems to be provided under the terms and
conditions of the Construction Documents are in place and have been initially tested,
141.-80
and are operationally functional, subject only to final testi.l1g, balancing and
adjustments and normal Final Completion punchlist Work.
9.2 Final Completion shall be deemed to occur on the last of the follo"Wing events: (l)
recordation of a Notice of Completion for the Project; (2) acceptance oft..'1e Project
by the City; (3) issuance of a final Certificate of Occupancy for the Proj ect; (4-)
submission of all documents required to be supplied by DBI to Cit"j as outlined in
the DIE contract, including bm not limiTed to As-Built Drawings, warranties, and
operating manuals; (5) and delivery to City of a Certificate of Completion duly
verified by DB I.
9.3 The DBI shall provide City with a Certificate of Completion, certifying to City under
penalty of perju1l' that the Project has been completed in accordance "With the
Construction Documents, all applicable building codes and regulations, all permits,
licenses, and certificates of inspection, use and occupancy, and ordinances relating to
the Project.
9.4 The DBI shall provide five sets of City final record drawing documents at the end of
construction, one set of reproducible and one copy in electronic format ("As-Built
Dra'Nings"). As-Built Drawings are to be accurate a.'l.d legible records sho"Wing all
components of the Project and there exact locations
9.5 The DBI shall provide a copy of, or make available before destruction, all records
(which includes all writings as delli,ed in Evidence Code Section 250) to the City
upon receipt or generation, which shall include a copy of DBI' s fili..c,g protocol.
9.6 A copy of all approved submittals shall be forwarded to the City at the completion of
the project. lJl information shall be assembled in such a fashion to fit into a standard
file drawer and organized by CST codes. This copy is in addition to those provided
during the course of construction for co=ent.
10.0 W.t\.RRAI,<"TIES AI'lD GUARA.i'ITEES
10.1 The DBI warrants and guarantees to City that materials and equipment incorporated
into the Project will be newmliess otherwise specified and that all work will be in
strict accordance with the Construction Documents and vvill not be defective. All
Defective Work, whether or not in place, may be rejected, corrected, or accepted as
directed by City. DBI shall not be entitled to an extension in Contract Iime or
increase in GM:P because of any delay or increase in cost aruibutable to the rejectioJ1~
correction or acceptance of said work. Defective work may be rejected even if
approved by prior inspection.
10.2 The war,anty period shall Co=ence when the Certificate of Final Completion is
issued (irrespective of beneficial use by City prior to Final Completion) and extend
one (l) year after that date or whatever longer period may be prescribed by laws or
regulations or by the terms of any applicable special guararnee or specific provision
of the Construction Documents. The DIE contract will contain provisions addressing
this issue and steps to correct defective work.
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lU} N.LUl'iTENAl'iCE OF RECORDS A!~D ACCOUNTING
11.1 rue DBI shall maintain, duri"lg the ProjecT implementation time and for a period of
three (3) years 8J.4:er completion of1i':1e Project, accurate and organized records of all
COSLS of any type and all services performed for the projec:. City will have the right
at any time, including during the performance of all Phases of the Project to audit and
copy aU such records.
12.0 OWtiERSBIP OF DOCUMENTS
12.1 ,All reportS, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced for this project shall be the
sole and exclusive property of City. No such materials or properties produced in
,vhole or in part for this project shall be subject to private use, copyrights or patent
rights by DBI 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 for this project.
13.0 RFP REQtJIRElYfENTS
13.1 All DBI s are required to follow the format specified below. The content of the
proposal must be clear, concise, a11d complete. Each section of the proposal shall be
presented according to the outline shown below to aid in expedient information
retrieval (NOTE: DBIs shall base their proposals on the "Scope of Work").
Eight (8) copies of the proposal shall be delivered no later than 4:00 P.M. on Friday,
June 16,2006 to:
City of Chula Vista
Attn: Matt Little
General Services Department
Bldg. and Park Construction
1800 M~'{well Road
Chula Vista, CA 91911
13.2 Please note that faxed copies '",ill not be accepted. AJso note that incomplete
proposals, incorrect information, or late submittals may be cause for immediate
disqualification. The City reserves the right to amend the RFP prior to the date that
proposals are due.P-.mendments to the RFP shall be mailed to all potential DBIs.
The City reserves the right to extend the date by which the proposals are due.
1 \i-a 2
13.3 General RFP Requirements:
A. The City desires to receive proposals from only qualiiied and experienced
DBTs who demonsrrate significant knowledge of design engineering and
construction management, and experience and successful performance on
public sector park and recreation facilities of comparable m~onitude involving
a GvfP incorporating both design and construction.
B. The proposal should be concise, well organized and demonstrate the DBI's
qualifications and experience applicable to the Project. The proposal shall be
inclusive of resumes, graphics, forms, pictures, photographs, dividers, front and
back cover, cover letter, etc. Type size and margins for text pages should be in
keeping with accepted standard formats for desktop publishing and ,vord
processing and should result in no more than 500 words per page.
C. Proposals must be bound.
13.4 Contents:
A. Proposals submitted in response to this RFP shall be in the following order and
shall include:
1. Executive Summary.
2. Include a one- to two-page overview that highlights DBT approach and
DBI's commitment to meet or exceed the City's objectives and insure a
successful project built on time and on schedule.
3. Identification of each DBT member:
o Legal name and address.
o Legal form of company (partnership, corporation, joint venture,
etc.). If joint venture identify the members of the j oint venture and
provide all information required under this section for each
member.
o If company is wholly owned subsidiary of a "parent company,"
identify the "parent company."
o Addresses of offices located in San Diego County, if any.
o Number of employees in San Diego County.
o City of Chula Vista Business License Number.
o Name, title, address and telephone number of person(s) to be
assigned to proj ect.
o Name, title, address and telephone number of person to contact
concemL."'lg the proposal.
13.5 Experience and Technical Competence:
A. Describe DBI's experience in completing similar design/build projects. List
three (3) successfully completed projects of similar nature \>lith name of
Owner's Project Manager, phone numbers, project type and total value of
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completed construction. Projects currently in process may be submitted for
consideration. Identify any specific projects and include in your clie;:;t
references where this team has worked together.
13.6 Proposed Method to Accomplish the Work:
A. Describe DBT's technical and management approach ro the desig'J. and
construction effort. Discuss lines of co=unications necessai'y to maintail1
design schedule and construction schedules, and sowovare availabiliTY for oor.h
schedule and management reporting.
13.7 Kn.owledge and Understanding of Local "Enviro=ent":
A. Describe experience working in the local "emironment" and proposed local
presence for interfacing wit.h the City's project management staff. The
"environment" includes but is not limited to: City and other local agencies
regulations and policies; local enviro=ental documentation requirements;
geotechnical conditions in project area; local building codes; A.DA
requirements and other local design criteria.
13.8 Project Organization and Key Personnel:
A. Describe proposed project organization and provide an orga.-uzational chart,
including identification and responsibilities of key personnel. Indicate role and
responsibilities of the prime DB and all sub-consultants. Indicate how local
firms are being utilized to ensure a strong understanding of local laws,
ordinances, regulations, policies, requirements, permitting, etc. Indicate extent
of commitment of key personnel for duration of project (through building and
park occupation) and furnish resumes of key personnel. Provide indication of
staffing!evel for the project.
B. DBT's evaluation will consider its entire team, therefore no changes in team
composition will be allowed without prior written approval of the City.
Describe DBT's capacity to perform the work within the time limitations,
considering DBT's current and planned workload and DBT's workforce.
13.9 Financial Arrangements for DBT Members:
If the DBT is a Joint Venture Team, the DBT shall address the proposed
fmancial arrangements between the Joint Venture members as they relate to
liability to the City for work to be performed. DBT shall submit a team
members' list indicating scope of work, and approximate percentage of
contract. Team members must be named on said list if they receive more than
$10,000 or more than one-half of one percent (.5%) wllichever is less.
13.10 Exceptions to this RFP:
The DBT shall certifY' that it takes no exceptions to this RFP. Tfthe DBT does
take exceptiones) to any portion of the RFP, the specific portion of the RFP to
which exception is taken shall be identified and explained.
H-S4
13 .11 Addenda to this RFP:
DBT shall confirm in its proposal the receipt of all addenda issued to this RFP.
DBT is not required to include copies of the actual addenda in its proposal.
13.12 Minimum Contractor Qualifications :
DBT submitting qualifications must include a contractor who possesses the
applicable California Contractor's license. DBT must also submit evidence of
being able to be bonded for such projects.
13.13 Schedule of Rates and Fees:
A. Pre-Construction:
1) Provide cost break down of design cost by discipline. Include design
teams cost to administer the contract during the course of construction.
2) Provide a fixed fee for preconstructionservices. Services for this period
shall include but not limited to cost estimating, constructability review,
site surveys, subcontractor bidding, submittal review and procurement of
long lead items. The City views the DBI's input and leadership during
this period as an important component of the project.
B. Project General Conditions: Provide a detailed spreadsheet that completely
outlines the projects general conditions, including quantities, units, unit costs
and totals. Provide billing rates for all proposed team members. All design cost
shall be included under Pre-Construction cost noted as item A above.
C. Cost of Work Multipliers (FEE): Based on the scope and size of the project,
please propose an overhead and profit percentage rate and any other multipliers
such as liability insurance to be applied to the cost of work. This rate would
apply to each maj or phase of the proj ect as it is released and subsequently bid
to subcontractors.
D. Preliminary Cost Estimate: Based on the attached master plan please provide a
comprehensive cost estimate that takes into account all design and construction
costs. Clearly note all assumptions that were used to create the estimate and
areas of concern. The proposed project has a prelilninary construction budget
of $4,800,000.
E. Change Orders: Indicate an overhead and profit percentage rate to be used on
subsequent changes to the major phases of the project. This rate shall apply to
deductive changes.
F. Provide Payment and Performance Bond Rates.
G. Provide description of your company's safety policy and how it would be
implemented on this job.
H. Provide Preliminary Design & Construction Schedule. This schedule should
reflect major design and construction activities as well as maintenance periods
16
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for landscaping.
13.14 Additional Information:
A. This section shall contain all the other pertinent information that is required to
be submitted with t.'1e proposal in the following order:
I. Description of insurance coverage for prime respondent and co-venture
partner(s) (types of coverage and policy limits, deductible, exclusions,
and outstanding claims).
2. Description of in-house resources for prime respondent and co-venture
partner(s) (i.e., computer capabilities, software applications, modem
protocol, and modeling programs, etc.).
3. Indicate if contractors self perform any work, if so, what trades. Also
indicate if contractors have any union signatory agreements.
4. DBTs should provide, on a strictly confidential basis, the following
information:
a) Audited financial statements for the last three years
b) List ofprojects completed in the last year
c) List of projects currently under development, or construction with
status, development schedule and fInancial commitment
d) List of projects currently involved in litigation or unresolved claims
for the contractor. .
14.0 PUBLIC DISCLOSURE
14.1. All proposals submitted in response to this RFP become the property of the City and
public records, and as such may be subject to public review. Under the California
Public Records Act (California Government Code Section 6250 et seq.) records in
the custody of a public entity generally have to be disclosed unless the information
being sought falls into one or more of the exemptions to disclosure set out in
Government Code Sections 6254 through 6255. The cover letter of the proposal
should contain a paragraph that states whether or not DBT believes that its proposal
does or does not contain information that falls into one of the exemptions of
Government Code Sections 6254 through 6255 and whether or not DBT considers
such information to be confidential.
14.2 In the absence of a declaration, City may be obligated to disclose proposal to any
party that requests it. Regardless of assertions of confidentiality, proposal contents
may still be disclosed if City, or a court with jurisdiction, determines that such
proposal is a public record requiring disclosure.
17
14-86
fx landscaping. The City anticipates this project to be completed and aU
facilities open to the public no later than October 2005.
13.14 Additional Information:
A. This section shall contain all the other pertinent information that is required to
be submitted\Vith the proposal in the following order:
1. Description of insurance coverage for pri..me respondent and co-venture
partner(s) (types of coverage and policy limits, deductible, exclusions,
and outstanclli,g claims).
2. Description of in-house resources for prime respondent and co-venture
partner(s) (i.e., computer capabilities, software applications, modem
protocol, and modeling programs, etc.).
3. Indicate if contractors self perform any work, if so, what trades. Also
indicate if contractors have any wllon signatory agreements.
4. DBTs should provide, on a strictly confidential basis, t'le following
information:
a) Audited financial statements for the last three years
b) List of projects completed in the last year
c) List of projects currently under development, or construction \Vith
status, development schedule and fmancial commitment
d) List of proj ects currently involved in litigation or unresolved claims
for the contractor.
14.0 PUBLIC DISCLOSURE
14.1. All proposals submitted in response to this RFP become the property of the City and
public records, and as such may be subject to public review. Under the California
Public Records Act (California Government Code Section 6250 et seq.) records in
the custody of a public entity generally have to be disclosed unless the information
being sought falls into one or more of the exemptions to disclosure set out in
Government Code Sections 6254 through 6255. Tne cover letter of the proposal
should contain a paragraph that states whether or not DBT believes that its proposal
does or does not contain information that falls into one of the exemptions of
Government Code Sections 6254 through 6255 and whether or not DBT considers
such information to be confidential.
14.2 In the absence of a declaration, City may be obligated to disclose proposal to any
pac-ry that requests it. Regardless of assertions or confidentiality, proposal contents
may still be disclosed if City, or a court \Vith jurisdiction, determines that such
proposal is a public record requiJ.ing disclosure.
1lf-87
15.0 PROPOSAL SCHEDuLE
15.1 The solicitation receipt a.""1d evaluation of proposals and the selection of the DBI will
conform to the following schedule (Note: Dates are subject to change):
. Distribution/Advertisement ofRr--P - Friday. Mav 19, 2006
. Submittal of Proposals Deadline - Friday, June 16,2006 by 4:00 pm
. Prelirninar")i DBI Selection - July 2006
. Approval of Design/Build Agreement - August 2006
16.0 PROPOSAL SELECTION PROCESS
16.1 Award will be based on the best-qualified DBI to build the facility. Relevant team
experience, design costs, fee and general conditions will be a primary factor, but not
the sole consideration for award. Contracts will be awarded L11 accordance with the
Chula Vista Municipal Code and the Designffiuild Ordinance as outlined in Section
2.57 of the Chula Vista Municipal Code.
17.0 PROPOSAL EVALUATION CRITERIA.
17.1 Submittals received by City will be evaluated in no certain order, accordi.l1g to the
criteria listed below:
A. Conformance to the specified RFP requirements and format;
B. Organization, presentation, and content of the submittal;
C. Specialized experience and technical competence of the fUTIl(s), (including
principal fUTIlS, joint venture-partners, and sub-consultants) considerillg the
types ofsenice required; the complexity of the project; record of performance;
and the strength of the key personnel who will be dedicated to the project;
D. Proposed methods and overall strategic plan to accomplish the work in a timely
and competent manner;
E. Knowledge and understanding of the local enviroment and a local presence for
interfacing with the City;
F. Financial resources and stability of the principal consultant and/or DB tearn;
G. Ability to meet the insurance requirements unless City, at its sole discretion,
decides to modify or waive the insurance requirements or elects to provide
project insurance;
H. Pre-Construction Costs, FEE, Change Order mark up rates.
18.0 CONTR.;.CT TER!\1S AL'iD CON'DITIONS
18.1 Issuance of this RFP does not commit City to award a contract, or to pay any costs
incurred in the preparation of a response to this request. City reTains the right to
1 48_ 8 8
reject any or aU subwjnals. Sele2tion is dependent upon the negotiaIion of 2.
mutually acceptable contract vvirh t.~e successful DBT. A sample contract ih.2.t vvill be
mociitied'CO the specifics of this project is provicied for your re-view as Arrachmenr B.
"N-o modifications to the standard contract illiJ.guage will b~ granted. Cost to meet the
miL--umum reg uirements shall be noted as pa:.-r of Section 13.13 above or cle3Ily
denoted as an exclusion as pert of your proposal response.
18.2 hcll submiTIal shall be valid for not less tha'] one hundred a"d twenty (120) days
from the dete of receipt.
18.3 ~AJl insurance shall be provided at the sole COSt and expense of the firm selected,
unless the requiremen.t is modified or waived by the City. City reserves the right to
modify the insurance limits or to subSl1rUte project inSUT2J.1Ce during contract
negoUatlons.
The Cir:,i looks fonv2Id to receivL."1g a proposc..l from YOUl' flLlTI. If you have any questions regarding
tjojs RF?, pleese contact:
Nlr. Matt Little
General Services Dep2rtmem
Building ""d Park Construction
1800 Ma'{wel! Road
Chula Vim, CA 9191 i
Phone: (619) 397-6088
Fex (619) 397-6250
Emeil: Mlitt1e@ci.chule-vist9..ca.us
Attachments:
Attachment A: Park Master Plan
Attachment B: Sample DesignlBuild Contract
19
/'/~ECj
Attachment A:
Park Master Plan
(See Attached Document)
20
/'1....90
MT. SAN MIGUEL COMMUNITY PARK
M1: SAN MIGUE L
C OMM UN IT"! fA R. K
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CITY Of
(HULA VISTA
JANUARY 27, 2004
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PFl.EPARED BY;
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DES!GN
CROUP
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TABLE Of CONTENTS
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LIST Of CONSULTANTS
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m LIST OF CONSULTANTS
SCHMIDT
DESIGN
CROUP
SCHMIL1T DESIGN GROUP
2655 FOURTH AVENUE
SAN DIEGO, CA 92103
~ BACKGROUl'fD
3 . SITE LOCATION
4 . SlTEANALYSIS
5 . SITE PHOTOS
6 COlvfJvlUNITY WOIU,XSHOP
7 . SITE CONCEPTS
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FAX BW2368792
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01 DESIGN CONCEPT
3 . REFINED CONCEPTS
9-10 . PRELIlvlINARY DRAFT MASTER PLAN
11 . PLANTING CONCEPT.
12-15. PARK COMPONANTS
16 . SITE FUHNISHINGS
17 -' . SKETCHESI SECTlONS
.j>.
" ..wCI-JITECTlJRAL ELEMENTS
13"'. ARCHITECTURAL SITE PLAN & ANALYSISI
BUILDING CONCEPTS
19 AHCF11TECTlJRAL ELEMENTS
20 RESTROOM & CONCESSION BUILDINGS
21 STORAGE DlJILDlNG
22 SCORE BOOTHS
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TURPIN &, RATTAN
ENGJNEEN!ING. ll'lO.
OON8ULTING ELECTI~Ir::AL EHI~IHEERS
4719 PAU..j AVENUE
LA MESA, OA 91941-5221
619.466.6224
FAX 519.465.623::1
m PARK ELEMENTS
23 GRADING
24-25. LIGHTMO
26 IRlUGATION
27 PROBABLE COST OF COI>lSTRlJCION
vlT. SAN tvll G U EL COM M U N ITV PARK
3CH/vIIDT DESIGN GROUP
FLC FLORIE;S LUND COI'.JSULTANTS
p ROF~sI6NA~~f'-NslI:;~
FLORES LUND CONSLJLTANl S
722U TRAUE STHEFf
SUITE -1:W
SAN DIEGO
CALIFORNIA 9212-1
(858) 566-1)626
FAX (85B) 566-0627
n 1\1 P
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IWSLING
NiUCAMIJnA
An:hilecLa, Inl::.
anil FIF'fH AVENUE
StU'-l fJIJ!:GO
CAUll'OnNlA 92101
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TABLE OF CONTENTS
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Ii Site location
Mf. San Migul:l Communi/}' Park is JOC:illl:d lIurliluf MlllUlI Migucl Rllilll,
cu~t ofSR-12S, in the pllllUICd ClluulllllLityofSa... Migutl RlllU.;J. within
lhe City ufChula Vi~liI.. The 19-;lcrt plll-k i~ inlendcd 10 ~tlfVC Ihc llet:ds
of Ihe rtlsido::nls of San Miguel RalHlh IIl1d Iht; ~unouodilll;: cllllllllulljlit~,
/i~ wtlll a~ liu'! gnalcr l'rugnlllunatic JlCtlUS fi..- till: City o(ChuJa Vblll.
l'iI.[ks lIud Rccreation Depaftlllt;llL Tilt; pllrk will hay;;: l)ullIn:cli(Jll~ 10 lht
"ily'~ greeuhelt ~ysttJ/t us well as lIcce~~ lullul uptll Splll:C sysh:llllhal
sluHlumls lhilnoltllilru and ":,,eslcrn t;dges Oflhcjlluk
T. SAN MIGUEL COMMUNITY PARK
norlh
.. Site Analvsis
T1ullllllk sih: b nC~lltd ill IIle culling hills uf t;"sl<:m Cbulll Vbta
allll jlfUyj;k~i sl,,:cllu;u!M yit:w~ of lilt: SWCtlwaler nllSelyjor,
sunullru!iug IlltlUllLUius alUllhljll""1U upel! spu"". Dt:dicUI"d "Pill!
SpllCt; exiSls to Hill WtS! litulllOllh lit Ihd palk hOllllullry. This UJlIlII
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wilh lHeall<Jerin~ 1....Us aud acc<:ss f111,J" Wllk;11 ur.. U111illt"Jl,~llljY
SJ)GJt:!!; fOrmu lilt; llllllhw"~1 com<:!" utlhe. Jll"!.. illdi"i,jultls ~1I11
view lhili Ul'l:ll sll''':'' IU ....."U as di:ilolllt views ul' 1111' SWccl\vllltr
Ilc:il:rvuh:Tht;SOlllhcruL(lIuIJarYllfll,t;I',ukcunsisl:illfMulIlll
f>..-IiJilll:j RUild, whi"h is II tUlu'llI.llC cUIl"CI'I" lIilc"llhlll ~t'-Y"lla:i lht
Laddwuc 10 Ih.. Sail Mig",,1 itllw:h Dltvcl"fllll;;UL. Thlt lll.."ulu:it
lIlli! will nUllllulIjj lhi.,; :wul!lofll c,lge ami "llll~r tht flurk ~! [JIll
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IWlII1IIlert3illtfllilllshllct, alld l'I'.:ildi>ulilllllf;illhbolhuOlh.
The sil" hilS LtlllUl!la<Jed 10 Inelll,le a Iltrge IUllI UIl 1111: llU~lcm ci!gll
l,fllll::; Jllllk: ~illl, which l:i level wit Ii fjll~lln Vcrllcluz_ Thh nne lICft .
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i'uqlo~e J'lIr:j!jty. Ilnwt:vt:r, IIll of JilUUlllY 200] Ihls illcmeut IIf Ihe
park sil"llllll LCcl"1 It:llll.lVllJ.
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;HMIDT DESIGN GROUP
SITE LOCAfIOI,1
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SITE ANALYSIS PLAN
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BITE ANALYSIS
SCHMIDT DESIO!'I GROUP
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Vie.w of SOO&E access roads and dedicllted open spactl
10 Ihe west of the; pilrk sile. (April l(01)
View of existing cOIl:ital sage; :u::ruh IlIlvirOllrnelll
withill dlldiclIh:d Opllll spacl;\. (April 2002)
Norlhem edge of lIlt: park with vit:ws oflhe Swet:lwlller
Rt:St:flfok (April 20112)
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Comer ofPasllo Veracruz and tvH. Miguel Road showing gree.nbelt trail
(decOmpOl:h'1U granile) 10 the lot't. (1llly 200])
Slope plllUlillg and post aod uil trail fenct: ulong wt:~lflm ed!!"
of park bUlIudry. (July 200])
MT. SAN MIGUEL COMMUNITY PARK
SCH/VIIDT DESIO!'I OROUP
I'ild site lor funllt:r COllu\lonilY Purpmu: Facility. (Apri]
21){l2)
GreenhelllraH Ilull :iideWlllk aklllg M,mnt Migulll Road, looking
ellsl fIlw>I..ds fC:lkl"lItj1l1 dblfblopult:nL (July 200]).
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The result. Preliminary Draft Master Plan
The final design af the park provides a unique <:onlTast of high-energy activirias within a relaxed, nawnJ setting. AI the center of the park
are three adult softball fields which radiate out from a centrally located COQc=ioo standlrestroom building.. Beyond the fields, other activll
IJSeS within the park include a .small informal skate area, a t~is court, basketball COWlS aod a playground that incorporates play for all
ages. The pla.yground design jn~grlltell traditional play equipment a:l well as rock climbi.ng Strucrures thai. draw on the mountainous setting
of the park. A second restroom/stOrage building is located n~r this playground. A decomposed gnnitc path runs the perimeter oflhe parle
and connects these active amenities with the more passive uses within the parle.. Passive LlSes include pic.nic shelters and overlooks that
make use of the elevated nature oftbc site and provide cl(pan~ve views of the surrounding landscape, as wel! as providing distant vifWfs of
the Sweetwater res~oir. At the western edge of the park. Site a swalc elemenc will be designed [0 capture on.~ite stormwater runoff.:
Infiltration will lake place along the swa!e so that groundwater is recharged during rain events. This .lwale will feature boulden! and native
plants tbat will be abie to tolemte the water runoff from the park. Pedestrian bridges will cross the swale at picnic ar"...as to allow visitors co
interact with this fcatuoe.
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mluuo,r'omgnmJ..J.YD.~rk
city of chula vista
Weiland Exploration
Hush, Common Rush
Brodlea
Salvia
Dry Streambed
Manzanita
A Rendering of Ihe Scenic Landscape
Marsh Baccharls
Colllondra
California Poppy
Showy Pens lemon
Western Redbud
Tayon - Standard
Coostol Sage Scrub lnndscClpe
Weslem Sycamore
Spaces hlsl for Qulel Daydreaming
Coml Live Oak
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~IMT. SAN MIGUEL
SCHMIDT DESIGN GROUP
COMMUNITY
PARK
Planting
Concept
Till: jlllrk IhiiW~ llulhll ~umllUld-
iugllillural OpelI~jlllCl1iU1d
l:UllHlliUlity dl1~"'I"pmellt III crenl~
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tul"ol.llll.l1udb""PC. 'fhb Illnd-
sClIpewlllUtl.CUlllrrisedofunEive
Illilfll~ ii~~(H:la'ed willi Ihe driu,
uplanu CUl1slal S~ge alld Chapar-
nllplllntcullUlll.lllilits llflhbllrl:a.
1'lIrlhtnuure, ulherdnllLghl
lule[l.llllpJlIllt~lIl'fliIlCludedwith
IllblUlIllIdplllUlilll&pahiltetll
IJ"uei" lI11IJY Ihe area wilh the
neiglllllldul!; San Miguel Ra.ucll
d.,~elopm"lllallu III supph1mcnl
culol"IlUl-lllg'lulf4'lerseasons.
The desigll llf'hcjllanlingarclls
will incurplllllfa 1IlIdOllS ~i2e~ of
1',lan'll1illild1l.1. incJmUugln:es for
~hll,(le flud ~1I.dOll$l,ih{Ubsl2es III
tu:hl"lIllscreening, grOlmdcllllflf
IIUJIll:Cl:IllS. Plilflt~ will be
gl"lIuped willi ollillU of sImilar
Walllfre(l"~'ll.luenlssolhllt
i.-.-lgaliuuwiJIblllllllsleffuetillc
lllld [Jh'Ul! will be helllthy illld
tltsy to ffillbllll.in. Mulch will be
lIt11lzed to miniml:tt IIwlllture lo~s
IhfOUl1.hollllllbplanlingllrells.
Pl.tl..nb proposed IiCli Ilbo
pledoUlinillly ~1I11llllow-fuol
vollunllplaflls ufalimlled
'lUlllllity so Illlli II fue hllzllrd is l10t
ercaltd. PllI.lllsRHIUlluthe
buiJr!iug ~lCIIClUle~ wllllllso luke
iUlo II~COUlll filII JlIU:R.nI~.
-._____~___________E.hANTII....I~ COI"-lCEPT
11
o Play areas
G'<A55
5WJ...LE
. Climbing Rocks
....
-I?tllS~ climbing rocks mlruic
Jic IlllfW-al i"Ill:k tbnuilljo1l3
C!!ftsUlTouudUlepllrlc. 'Illt!
~raIJltolll:ltt:i1IUre5
proyjdei/-Yllri"cyof
c:JimbingroulcJliluuarllU
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Of COlU-JlIl, 1l11~y 1l1"C J~igru:.d
loalwllYJlhilVcllincil~YWll.Y
down. ThIl511l;UmbiIl1I
rocbllCeillilpiualt.yaclll&.1
rockfwmllliollJllhat
climbcuwlluJd iUIIJ"b-
sport.
The6' Flake (Ielt),
i!llilll[l;S flaki:s thai arc
fonnell In nalu(I,bylaye.rs
ofscdirnenturyslludJllone
lhathavc been lillCUUjl
and brokellbyllu,enrlh's
movemellL
The..' hlllhSphllfC(rialll)
ismluJch:dallcflbelllrge
stoncsJeftbchindby
glaciers 11$ Lh"yrcctlded.
Iris ideal foryoulIger
climbers.
Kindergarten
(age 2-51
playground
elements
j=~
,,'ij,
_~!.li
ML~hlS
....-~.....
, '"' "
i !. T A i
__~l
MIRACLE
_...._.EI1IJ........~...........
MT. SAN MIGUEL COMMUNITY PARK
SCHMIDT DESIGN GROUP
,~
I
Primary
(age 5-121
pDaygmund
a /!!Demel1lts
"l
....~..:.
,...... :~ -. -: "-
....-"'-
"4""",
... .~
Multi-pondo
~I'"
~: . -. . !.
/:"- '-';":"O'".,~ .
,,-'. -'.. "r~':
Co.
'I'
>jlll
. 'oj ,I
'-"--~"r
-'~4;,
PARK CDfvlPONANTS
1 2
o Tennis COIut and BiflIliketi:DaUn CiCillrts
= Informal Skifllt<e j~rea
MT. BAN MIGUEL COMMUNITY PARK
SCHMIDT DESIGN GROUP
I"ARK Ci:JIVIPCIi'IANTS
1 3
OV'LRLOOK V,-"lTr1--
A.!;:~BO,O?. BelCr1ES *
IHTE;:ZPf?J:Tll:E SiGNS
..
· Overlooks with
li1terllretive Signs
OVll..hlUli~ un, sUed at key [QCiltion~ in lhe pllrk tu
take: auvflnla~e uf lilt pallUfamic views uf lh~
Oplln spac.:s, SwelllWlller Itest:rvuir, IIml 1I11tunll
hahllllt. They will hay!: arnt:niljt:s ~llch 115
ut:n.chts, i1llelprelive signs and lullOn. Inleqm~_
five ~jgllage wi!! !:ducatt vi~ifors 01L Ill.:: cllliural
and natural histllry of the artu. TheslIsigllswill
also he localed 111011.11. Ihe perimeler lrall. To help
addn:sslhflproblemofvandillismtheseslgns
~hmdd incurpaCll.f11 II prod'lc! called rOlia, which
bf~isllliUagainS[lIl11sliypcsufvalldalism.
MT. SAN MIGUEL COMMUNITY PARK
SCHMIDT DESIGN GROUP
lPicroic iUE!>ClS and bridge..
5MAIJ_ flCN1C ARfA\
Wfn I I 2'~ I 2' riO/Ie \
Sl1tlTER
lYf'I:' .
INLeT
PICflicareilS, c(Ulsistillgllfavllridyofsi.t:es, tlccurllu'''ughoUl Ihe park
fllill!. DUll lllf.l:ll covllled picuk IIreit (apprtIJl- 2;lUOlls-F.) lUll! one
ffil'l.lhulI (apllUIX. 1,2(JO~.f) COV'::ftu pil:uic Mi>III1I'<: IOl:alllu al or1posite
el\d~ ofll,tlllu.rk 'J'hert ar" ill~u ~uUIIJ'::f I:OVllleLl picuil.l areas and
siugl.:: pjcllil.1aIJlc~ Sca/ten:,1 a/ullg the weSI'::UI halfoflll1J sllll ~nd
will,i" Ih" ufi'I"Il~11 dog Mea.
Thlllargecovereurlicuh:arllllwiJ! !It
e{Juil'Plld Wilh Ihll fulJowiug am<:(Iilics:
-n(llllllroll.)pi!<ulctables
.] O-llshlecel,lucI1l5
'2griIJs
- I hulllsh cOlllui(lllr
Ttu'lucdhull cov<:rcdjlicflicllHlll. will
Illc.llIilfl:
- 6 (.lil'llfllK.)phmlc lal,lfls
'2l!.rilJa
'1IfllSlLnH'l:plucI1l5
. J hol flsh "ollfuL.ICf
SIIIillJpicuicillCil5 willlJllc'Iu1ppedwirh:
. EllhefaI2'x.12'!<uvi>u:durell.
Il,.,l~ f,icuilllilhltla Of II lo'x)4'
CUVi::ll:I.lIlfCllWllh'lll.ll:uiclables
. I ~dU
'1lrilshrcceplacJc
. I halllshcLlntlliu"r
ThesmaJlflicuicareilSllreilCllllsacdtJy
pc:di::~lrilll\ IlCjd&e~ c:quip[led with flllllugs
llud llIilll" OfllChbl:oI f.P.E WUQcJIlril
woodcollljlosilepruduct.
PAEiK L:t:JIVIPt:JNANTS
14
'"
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i
ii:
UJ 1I1
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7!
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-
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.;:: Ul
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i'il ,
IJl r-:
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0
9
" Site Furnishings
/Blenches
l)ecompo5ed Granite Path (helow) with lOdO" Pole Fencing
--;~r;_;;"_:'-~1<C-73'-'~~f;1;F~~ -~h
~~1r; -'. ,_.k ._--~~
....-':.. . -":
-"':.~~::E(.
"i'~" .
-<l
fJ~fr.~ ,~~
~~I.'l"
.~~~~~~;
DrinBdng
Fountains
'C;:':':
~
'-""0"
". ~"'..:;:;'-',:...-!, p -. ::-;:. .
,-. -'-,.k..
. .::.;;~1rfl.~7 - :
~
./>0
I
~
C)
O'l
Bike Racks
T.a5h Receptacles
MT. SAN MIGUEL COMMUNITY PARK
SCHMIDT DESIGN GRClUP
-,
Conc.ete
walkways
(left)
sandblaste"
w Ilhth..
....tive flo.a;
fauna and
pawp.'"t" of
animals.
SITE FURNISHINGS
16
...--.-..
.- _ ~o."iI ~.<Q>~~ 20". H 'i
.~... [I" 1 f.
~ . ""'"oom''' fn',y rim P,a,' 0" 20.'" < --
. COIll".::ss'ier15 ....--. .
"-1=:60
"":-..-",. -- ',--~(",-< . 670
'~~-~:Y'
. J if!
- 620
610
bOO
Entri;loce Dnvi . 590
5050
5~/O
- _....n..". ...___ .n. --...______.. .5(;0
':".:550
-540
.._r~_.
.::[7~ -
p' h.h . ...... ..
..<,/ .l
"/
Ooj~ -..~/
"J' .... ",,,,...._u"_"'_'.___,,,,u_
."~-_... .. ~~
h---.--.--. .',..","... ../...._,.___.____.._
"' ,i.Y- ElI'lst"lq nlopo
~....:.....................".:............
. .
"~- :._1.:5~'.'
_... Mult56ft:baU
.....--
...."" n___
Section tll111t'lUI 1t~15 5ite~ fli'(j)fI1I'a lthl5 teiillsll el11lt!:JfillUlIlCe dlJrivle to !the exuslJ;irnq;jl westerD1 sl/llllfie~
'....
MT SAN
C OMM UN IT'Y
l...__ ~ ~~_ "-'-_
.---
':-.p.-::'~
'--
$,h:elJ:ch. of IEJ1lIil:try SDgn~ 8101carltedl i1Itl: lPa5eo Veraclrll.u.:!t: aJnd Mt~ MBgn.UQ!~ Road!
u~
.-...u::'U----
Wv~
~
- :"~"-. -
'..-'-,-.-,.
.~~
MT. SAN MIGUEL COMMUNITY PARK
SCHMIDT DESIGi'1 GROUP
SITE SECTIONS/ ENTRY SKETCH
17
'f
~
...a.-------.-~--~
0"
~
.j>.
j
~
o
CD
,!Hi.
A'fig""I"
I\OQ~
Site Analysis
~--,
, -----
'-,~c;;i>
'":..w-- "."do "
l I
~
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IJ
IY
:,.~
a
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Q'"
Key
_Pcdestria"plllh~
_Vehicularenrry/dxil
!ll'.!I M'jo,,,',,'od,,,,,,,
Primary CClllsrruc!lon
Secondary COrl5lTu"tlon
_ OUIJOOkpOjlll~
aPrevalJingwinrl
MT. SAN MIGUEL COMMUNITY PARK
SCHMIDT DESIGN GROUP
N
C)
. Site Plan
'nLG cell!ral architectural elemcnloflbe park IlIllllies
!luLUil u:sln.lllill:l,lhll cOllcl::l:iloo5 v,;wJlllg !leeK, lI.llt!
Ihe adminislnllive offiCI:. 11 b looated al JIlt
COllvt:!"geOGC ut'tJltl Pfl:UUIIlILlillll pedestrian axt.:lIlI\t1
Ihllpriull:ICyvehicu!ilft:l'lh"yllXi:l. Also JOCll!lll(iu lliis
cenlfillltfe.ll 11.": :l(;or;: boud. and euclll~c..J 1I1ofago
slilll,tun:s fllf t:lu;1i of [he limIt sufihalJ fielUs. Tlu:
pilrk IIUdfG(;[l:atilllllll slnragfl areaS IIfli lLo!J.sed ilLll
singl.: builJiug Ihal 11ll;luJe~ Ii fumily-styh: ft:~lnUJm
fur ~u~y lI(;{)e~~ Ihulllhoo: IIdjll<.:eut plll),/!,Hllillllllrelt
1I11d !lull COlhH IIllh~ soulhWc~t l:w.I uf Ihe jlurk,
. Site Analysis
As the Ilfchitc:cllll"ll! eJe;lllents will not haVe
IllelJJlltllilJlI1 ellviwlunenllll cOIll.m15, ir b very
impllrlllurlllilltegfi.llllCllllunliJighlilUuventihlliou
inIOlhecl\Glost:Jarells_ 11111lmiJJingcol\cepl
fil:urf::~ 10 Ihe; rlghl uemonslliil: IhllllU;ihods
Illill~t:d ill 'he !'ui/ding liesign. The buildings IIle
IllCal<:d olllh" ~hf:.llllllill.l.e prevailiug winds IIlId
allow Ughc lulo .he blliltlillg iUh,riors"
HI !lluil~ifl!J COIiGlfllltS
,..-.- . ''-''''''''-'-
-<iIi'- '. ~
~
By t10llling lht: roof libovi': Iht: builJiul: walls,
ilir is 1I11uwtlllil cross Vl1.llli!all: iUlelior
spaceS.- aud light h 1I1loweJ ill Ihe. ~pllce
wi.holll cOlllpnlluisillg pdvllcy in du:
fl:slTOlllllllfellS 01' sllQurliy ill .he srorilllll
ilrellS_
Incnrporaling ofleniugs Inlo hig1tsl'ltCea,lillcJI
II~ JIl II,,:: :;lol'll~t;, IlI'l:llS llJl,j cOllc~~~ilHl' Ilrtil,.
I"ll air l~ allowed 10 ri~ll lim! escllpe Il:mlL Ihe.
huihlilLll.. ut:lng rlljllill~t:;IJ willi ~Ullltl' "if from
lowl:.l' op"uj.llg~_
-
Bigh UrJ(:lIifig~ /l.lso allow Jigld 10 jllllllll)ule. fhll
uujJdj"g llud dlrecl diffi'~IlJ Ii~hl to jmvlll-
lip/l.<:"s.
ARCHITECTUI';!AL SITE PLAN A"ID ANALYSIS
BUILDIN G CONCEPTS
1 B
< ~
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<
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tJd:::: ,Il H [~. ~ : ~ ~ ~ ~~ j ~
'@~~ \~-~~!~;i'~~'~~~~
;:'1 ~~='"Jg"=.g];~~~,,,
~t.i 1\ ~~-~~~i~g:2~~~
~ i]1=g~]~a~~~:>
D~ - ~ "':l '" ;:; ;;- '" <:;l ~ _ _ .. ':l
i. " ; H F~ ~; H}~ H g .
~\~I I' -" "~~"""~"""'3:"'<:;l
~,,=~~. ] ~ :; ~] ~ ~~~ ;"'; ~ = ~
\1. j[J-!!.:.j'i " it, ~ a 1 ~ ;; . -= ~;; , ~
~ il\&J,' - ~3~~3::-3.ag~~~3~
~d ~-.;~) - I C ..a "'ii i ;J: 2 ~ ~ a ..z _ a ..= <.l
.. "' .~
.~ ~ '" ~ ~"
.. ~ 011 '> ~
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H ~: i.;]
J!~HH
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mmj
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~
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'" c::I ~~~-_~~~.ld
~E:_ >~;;;;j
ii'.., ot..= 8 ~.::.,g o..~
HiHiHjji
;<:l"'~""~~:il"2-;j
HHHUHi
~~':!";:'.;~;c=a.,~ ,:~
i..~:n.,.. '~.' _ "
.\11; '!': ,:',' 1\ ,~j', ,
:t.'" <)-, I ~ 'r. '"j1f
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'lr} ~!JifUI
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f1f!:'m~J';3
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14-109
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> .2'.3 2f
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., ~";;':;
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j ~ [-E
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~ 2 g~
'il;- ~_'~. =_~ ~
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-.:I c::: ~'!!
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1: == ~ a
E ~ 0; :, ..;
E c::: - '"
i, ._ '" ~ ~ ~
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r-
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w
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Elevation Leg.md
floor 1"1.1111 legend &. Area Summary
LeugCh (ft.) Wj,lIil (fl.) S(Jllan: Fualage
I Corll:ll~~iollS 26 10 :UiO
2 Elta:[dcd 10 6 60
3 Family rll~troom 10]n 100
" MililllllllaLll:<:l 10 5.5 5j
5 Wnuu:1I 22 10 no
Mlln 17 10 170
OftLll" In 10 lOll
PJumbiug chase 2.11 <I 112
TOTAL Ji'LOOR AJ'tEA 1011 S.R
r---------l
II I
,
,
~="<'-"~-
,--.
I,\,\~I"I[
II. ii I -;IID.
\
-
1 MClillRuofTilll
2 EXfcriO( lllluh:r ov.:r eMU (Air Whhe eMU)
] flxpllsed limber lfllllis
<I 8.S. mil-up duur
5 Pll.mtmlluuver
6 J-/.M.lluoram.lliame
9
--.---:
....
J
COVEREDAIlliAASSOC1ATBD WITH RESTROOM BUILDING
~
L I ,
('
n
, (
;1
Dl
10 ill
9 Vemlingulill'hiw:s
I 0 T...:lli~ at e<lill:c~~IDfllI
II lll<Srl'Ullm t:UCry&ln:lJl:u:s
7
30
2<
3
17
6.5
"
510
]12
3
1
B.j] S.1l.
IFloor Plam
~-___l!!'
~r_____~_J
N
]'1'
,
C')
t."
{}~\~_... .'"
'(
MT. SAN MIGUEL COMMUNITY PARK
SCHMIDT DESIGN GROUP
RESTROOIVI & OCINOESSIDI'I BUILDING
20
EievatUOItl Legend
FloO!' Plan Legend 3, Area Summary
I Alr_I'\'I..lilllloofTil~
2 Extcrit,r Jllll~ll:f over eMU (Ali. Wllite eMU)
J Expn~t:d lirul.ll:r lfl'WS
" H.M.duorllod Ihullll
5 Palnte,llllll""r
Ll:ugth (ft-) Whllh (Ii_) SllUilH rrlllllag..
12 Rile. sltlrage
13 ParkstDrage
J4 family reS/rllOIll
Ij Plumbingc!lllse
]0 III 5'10
11 10 120
II II {i.J
II 'I ]2
TOTAL l'LOOn AJUtA
756 S.I(
16 COVEltfD AIi.EAASSOC(ATED WITH UESTROOM BUILDING
Tr.,llis
lU
11
510 S.Ii'.
V1T. SAN f'v1JGUEL COMMUNITY PARK
SCHMIDT DESIGN GROUP
r----.-.---r
.llH lKi
I I
I I
I I
I " " I ~
I
I
I
IWI
{--------
11
N
C) l5
J]
"
'-'1
floor PMallla
~...........--16'
St(IJril~e
I!'
,
STORAGE BUILDING
21
fl(lor Plal'l I.egeml & Area SUmmar'JI'
11 fje:ld slorag"
III S~(lr.: lJoolh~
8.5 5.S 140.25
"/.5. L'j 12]:/5
TOTAL 11LOOn AREA 264
..~,-\
~-.--~-I-i~
Leilglh (ft.) WldUI (It.) Square Footage
Floor Pian. So::ore Booth
~~6' ]1'
Elell'aUlJi1I legendJ
r.
~
I COJlCrflU:: wof till: (Ali. !VIerallloof Tile)
:2 El.:!erinr Illil~fef lIv.:r eMU (Alt. While eMU)
3 Piliutl:J louver
oj S.S. mll-uJI door
.j:>.
I
~
~
'"
... ..:~
';~~~~ c.
10'
:CHMIDT DESIGN GROUP
T. SAN MIGUEL CDMMUNI"rY PARK
SCORE BOOTHS
22
~
-1>0
I
~
~
w
GRADING LEGEN .
+000 - D.
PROPOSE
D FINiSH GRADE
PROPOSED
DIHEenQN SlOPE .&
OF URAINAGE
\' CONTOUR
1%
-
~
\JU
tJT5
GRADING C
ONCEPT PLAN
23
......
"'"
I
......
......
"'"
MT. SAN MIGUEL COMMUNITY PARK
SCHMIDT DESIGN GROUP
SYMOOl
PRELIMINARY LIGHTING LEGENO
EQUIPMENT
-'-l-'-
lilGI1 MAST ME Sf'OKfS FJELD UGHTtNG rOLE.
AJ~IABlt MeADS (t1EAU QTY UNKNOWN Al lJie Tl/vlt)
f'AAJ\lNG ARIA UGI1TING FIXTURE j250W
1-1f'5 tlt."JJ ON 25'.0" rolE
40'.0" rOil'. f.l1tAD(5) fOR ElASmOAtl COURT
UGllTlNG IJ1tAD art UNKNOWI~ AT TrUS f1tvIE)
-'lZ"l"IIGI1 tW {';' DIM1tTcR OOU..ARD TYPE
f'ATltWAYUGIITING flXrURt5
12'-0' SMlt:ElON<D f'A~ UGI lTlNG rOll: j
t'IXTURE
I(
-<1
l:i
.{)
IUD pliIilrk IIghtl!iig~ Including ~1P(avb
fieMs~ will not 6nc@e<<ll1/2 '@olt candle @
park li!ollllilldary.
@
"TO
LIGHTING CONCEPT PLAN
24
~
-
't: 'C
is \II
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-llll"
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= 0 e
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,
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OJI 111
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L: I
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.os
~ORA'SSES'
, "IGA TED
/ADS
I""
'>::::::::>H LON G
!MT. SAN MIGUElT10N
I SCHMIDT DESIGN GRC
14-116
CO NCEPT PLAN
26
Pletlllljnary COfl:l/(UC!iOll Cosl Esllmate
ML Si:lll Miguel Comrflullil\l Pionl,
Dale. O<.:lnllel "I, 2003
~
.j:>
I
~
~
PMI,
ITEM DESCI1JPTION QUANTITY UNIT COST
/-IaHJ CD!:;/!:;
Dtimol!liol! &. Mohili.lalJfJ/l
GliHUng & Drainage
UliWieti (Sewer and Wi:llef Jmpmvemantti}
Play EqulJ_uIlflnl
SlgnaOfl
Pavlno
SileAmenlties &. Furnlshino
Fendllg
Silallllalls
llllhllng
f1ulhUngs IOnd SlruGlweti
Dog Park
Soflhal/ FIelds
f:!il;,;keLllaU Cowls
Tl':llUli8 CClUfls
Skala Area
hrigalion
Planlino
Mahileni'lflofl
/Janieu:;1 :'iu!Jlbli:l1
DdJuQJ (uf IrOIl-pt"flvailftlU wilgtl(-10%)
tltmJCo:it folal
-.J
Soft CaMs
MahUlz.dlun
Design Fees &. Survey
Fet::'i and PeflnUI:I ilnd Bond::;
Cily Staftlng
Malrllenance ConUngeflcy
_g!2!!U!!~".l
Suft Cost Tutal
0.03 $"136,031.00
0_'10. $'153.-458.00
0.03 $136,037,00
0.06 $2A9,-'l01..00
O:OIi .'ji2""12,07fi_OO
O. -IO--1ill,458.00
0.38 $-1.700,'18/.00
rlllal Pari! Cllnstrucllon Cll:'ils
TOTAL
:Jj'IS,OOO.OO
$1J"L'l,OOO,(]O
$1-'16,000.00
$"127,257.'14
$3>1,200.00
$806,65.1.25
$532,935.00
$12,600.00
$:n,500.00
$'1.12,700.00
$tj:iI,:i'ltl.110
$24,0"10_00
$762,9.J8.00
~126,1l50.00
$fl9,600.DO
$134,025.00
$25S,250.0ll
$211.1,015_00
:J7ti,Ouo.oo
:j50311'12.Ltll:)
$50:f8~
H,534,580.0n
$li,135,U,j7.no
SCI-IIVIIDT DESIGN GROUP
MT. SAN MIGUEL COMMUNITY PARK
PROBABLE CCJ5T OF CONS:r-RUCTION
27
Attachment B:
Sample Design/Build Contract
NOTE: The attachment is the City of Chula Vista's generic two party design build agreement.
It will be modified slightly to reflect the RFP requirement related to scope and establishment of
GNlP. Exceptions are to be clearly noted in the RFP response in writing, referring the page and
paragraph number. The Section regarding Insurance requirements (and indemnification) is t'1e
City's standard insurance and i..l"ldemnification policy and is not open for negotiation.
14L118
EXHIBIT 2
Design Build Fee Stiucturs
.LI
IL/--,//9
'1l
"
.~..
--1'
12. Schedule of Rates and Fees
Design Fee and Engineering - AlE Design Fees (Architectural, Structural, Civil, Electrical &
L3ndscape) fixed at $334,663 Induding Construction Administration.
Fee for Pre-Construction Services - Sliding Scale
Design-Builders minimum Fee is fixed at $2iJ,000 for projects up to $1,000,000 in construction cost plus
% % for construction cost over $1,000,000.
General Conditions - 3t cost
Refer to work sheet at the end of this section for billing rates of typicai general condition items.
Cost oT Work Multipliers (FEE) - Sliding scale
Design-Builders minimum Fee is fixed at $100,000.00 for projects up to $1,000,000 in construction cost.
Over $1,000,000.00, the following sliding fee schedule applies:
1. For projects $1,000,000 or less - Feefixed at $100,000.
2. 6% on the next $500,000 of construction cost over $1 ,000,000.
3. 5 Yz% on the next $500,000 of construction cost over $1 ,500,000.
4. 5% on the next $1,000,000 of construction cost over $2,000,000.
General Liabiiity Insurance will be provided at cost. Course of Construction Insurance is to be provided
by the City as on past projects of this nature.
Change Orders
Fee on change orders will be the same sliding fee scale provided above. As an example, if the cost of
construction is $1,500,000, change orders in excess of this amount (up to $2,000,000) will be marked
up by 5Yz%. This will cover home office overhead and fee. Field overhead (General Conditions) is a
function of time paid at cost. If the change does not affect the duration of the project, there will be no
adjustment of the general conditions due to a change.
Payment and Performance 80nd Rates
1. Projects under $500,000 - $12.00 per 1,000.
2. Projects over $500,000 - $6,000 base plus $8.00 per 1,000 over $500,000.
i="V
ICKSON.HAlL
O"'T ~ <J~ no.. ~ o.
14-120
Design-Build Safl/ices Proposal
Mt. San iVligueI Community Park
n
~1
i::<','d
II
.
IJ
I)
.
..
..
..
.
.
II
.
.
II
II
I
.
.
.
~"~"
:-~
!:~;---
12. Schedule of Rates and Fees (Con't)
Mt. Sa Miguel Community ParK' Preliminary Construction Costs
1. Preliminar;l Construction Budget - including 5% contingency
2. General Conditions - 11 Months
3. S ubtatal - Hard Construction Costs
d. Design/Builders Fee - sliding scale
Fee an first $1 ,000,000 of construction cost
Fee on next $500,000 over $1,000,000 - 6%
Fee on next $500,000 over $1 ,500,000 - 5 1/2%
Fee over $2,000,000 - 5%
5. Total - Preliminary Cost of Construction Estimate
Design and Pre-Construction Fees:
6, Preconstruction Services for Design/Builder - sliding scale
Preconstruction fee on first $1 ,000,000 of construction cost
Preconstruction fee on construction cost over $1 mil. - 3/4%
7. NE Site Design Fees
Schematic Design
50% CD Design
100% CD Design
Final CD
Construction Administration
As-Built Preparation
Design Meetings
8. NE Building Design Fees
9. Topo Verification of Existing Site Budget
10. Reimbursables Budget
Total Preliminary Design 8. Build Cost
11. Cost of bond premium - sliding scale
First $500,000 - $12.00 per 1,000
Premium over $500,000 - $8.00 per 1,000
12. Insurance
13. Building/Utility/Site Fees (by owner)
14. City staffing /Inspections (by owner)
Total Preliminary Project Cost
Design Fees, Pre-Construction Fees and GC Summary:
General Conditions (line item 2 above)
Design and Pre-Construction Fees (line items 6-8 above)
Total Design Fees, Pre-Const. Fees and General Conditions
1==;'
ERICKSON_HAll
co.. > r. u ~ T) 0 N co.
14-1 21
$ 4,800,000
$ 253.000
$ 5,053,000
$ 100,000
$ 30,000
$ 27,500
$ 152,650
$ 5,363,150
$ 20,000
$ 32,724
$ 14,650
$ 93,925
$ 70,580
$ 31,155
$ 39,998
$ 7,135
$ 9,040
$ 68,180
$ 5,000
$ 20,000
$ 5,775,536
$ 6,000
$ 42,204
$ 17,327
$
$
$ 5,1341,067
$ 253,000
$ 387,386
S 640,386
Design.8uild Ser/ices Proposal
ivlt. San Migue! Community Park
~
12. Schedule of Rates and Fees (Can't)
Preliminary Cost Estimate Assumptions and Notes:
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
5l:l
ERICKSON.HALL
:; 0 N 11" U C Tl Q.~ :; O.
1.
Permits and meter fees to be by the City.
~
<..
Site has been sheet graded by developer to +/- .10' of City approved grading plans by
developer.
3.
No orrsite improvements required.
All testing and inspection to be periormed by the City unless the City directs EHCC to
procure these services.
. Utilities are existing and stubbed to the property line.
Existing soil is suitable for proposed improvements. No select fill or topsoil imported
required.
Non-adverse digging conditions assumed (no rock). Geotech report will verify this
essumption during design.
Irrigation Point of Connection to be a temporary domestic hook-up post ccnstruction until
the permanent reclaimed water meters are installed.
Site picnic shelters are to be pre-engineered "Poligon Type.
Dugouts are not structures.
Concession stand does not require kitchen cooking facilities or Health Department permit.
City plan review process at design milestones to be 2 to 3 weeks.
Typical City holiday furlough period is expected to fall during design of this project.
Design-8uild Ser/ices Proposal
Mt. San Miguel Community Park
14-122
EXHIBiT 3
Identification of Design Build Team Members
III
/~- /,,13
3. Identification of OBT Members
Contractor; Design-Suild Team Lead
Legal Name and Addrass
Erickson-Hall Construction Co.
500 Corporata Driva
Escondido, California 92029-1517
Legal Form of Company - Erickson-Hall is a California Corporation. Dave Erickson and Michael Hall
ara the only owners and each has equal ownership.
Business History - Erickson-Hall has maintained offices in Escondido, California since incorporating in
1998. Prior to incorporating as Erickson-Hall Construction Co., Dave Erickson was owner and presidant
of D.M. Erickson Construction Co. and maintainad an office in Escondida since 1993.
Surety Information (Bondability) - Erickson-Hall Construction Co. has a lina of credit through
Travalers Casualty and Surety Company of America with a single project bond limit of $20,000,000 and
an aggregate limit of $60,000,000. Included at the end of this section is a letter of bondabiiity from our
surety company.
Number of Employees
Home Ofrice:
Principals:
Number of Construction Mgrs:
Number of Project l'vlanagers:
Number of Project Engineers
Number of Admin Support:
Number of Pre-Constr Mgr:
Number of Estimating Staff:
Number of Accounting Staff:
Field Offices:
Number of Superintendents:
Field Clerical/Coordinators:
Trade persons:
==
=-
ICKSON.HALl
C~":T ~u ~T Ie" ~ 0
2
2
8
8
4
1
6
5
26
11
50 - 70
Erickson-Hall Mission Statement
To provide quality general building contracting
services to our customers by bringing a superior
team to each project.
Core Values
Operate with honesty and integrity
Work with passion, excitement and enthusiasm
People are the source of our success.
Hire the best - expect the best
Build more than buildings for our customers _
build relationships
Desian-8uiJd Ser;ic:=s Proposal
Mt. S~n Miguel Community Park
14-124
COUNCIL AGENDA STATEMENT
ITEM NO: J6
MEETING DATE: 9/19/06
ITEM TITLE: Resolution of the City Council of the City of Chula Vista
appropriating $14,641 in unused grant funds to the FY06/07 State Grant
Fund.
SUBMITTED BY: Director of Conservation & Environmental Services ~.
Environmental Resource Manager - Brendan Reed f~
/(
REVIEWED BY: City Manager / 4/5THS VOTE: YES .x No
The City's Urban Heat Island Mitigation Project is funded through a Proposition 12 state grant and
will provide for additional shade tree plantings in public rights-of-way. This resolution carries
forward $14,641 in unused grant funds from FY05/06 to FY06/07 to successfully complete the
terms of the current grant and make the City eligible for a new grant cycle.
RECOMMENDATION:
That City Council adopts the resolution appropnatmg $12,301 in unused grant funds to the
Services & Supplies category and $2,340 to the Other Expense category of the FY06/07 State
Grant Fund.
BOARD/COMMISSIONS RECOMMENDATION: N/A
BACKGROUND:
The City's Urban Heat Island Mitigation Project was awarded a state Proposition 12 grant in 2004
by the California Department of Forestry and Fire Protection in order to expand the City's urban
forests. The Urban Heat Island Effect is a phenomenon in which urban air and surface
temperatures are up to 100F warmer than the surrounding rural landscape. These elevated
temperatures are caused by the replacement of trees and natural vegetation with heat-absorbing
surfaces such as paved roads and rooftops. Through the grant funding, the project has planted
canopy-forming trees along older residential streets in order to increase shade cover and reduce air
temperatures. In addition, these shade trees help lower residential energy use, improve air and
water quality, and beautify neighborhoods.
The Council approved the receipt of the $50,000 grant and originally appropriated these funds to
the FY05/06 budget with Resolution 2005-088.
DISCUSSION:
15-1
As part of the Environmental Resource Manager position under the General Services Department,
$35,359 of the grant award has been expended to plant 392 trees or complete approximately 85%
of the project. The position has now been reassigned back to the Department of Conservation and
Environmental Services and the re-appropriation of unused funds will allow the department to
complete the remaining grant commitments.
The Proposition 12-funded project is part of a broader City effort to address the Urban Heat Island
Effect. In partnership with the San Diego Regional Energy Office's Cool Communities Program,
over 1,500 additional shade trees have been planted on residential and school properties in Chula
Vista. The City has also incorporated "Cool Roof' technologies into its new Corp yard and Police
Department facilities. These roofs are composed of reflective materials that decrease the thermal
heat absorbed by the roof surface and reduce energy costs for the buildings.
Staff plans on returning to City Council within 60 days to seek approval for submitting a new grant
application to continue and expand the City's shade tree planting efforts.
DECISION MAKER CONFLICTS:
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(l) is not applicable to this decision.
FISCAL IMPACT:
Tonight's resolution will appropriate $14,641 in grant funding for a shade tree planting project.
Expenditures for this project are fully offset by the grant revenues and any administrative costs
associated with the execution of the grant are supported through the Department of Conservation &
Environmental Services current fiscal year budget. There is no new impact to the General Fund as
a result of this re-appropriation.
15-2
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY OF CHULA VISTA
APPROPRIATING $14,641.00 IN UNUSED GRANT
FUNDS TO THE FY06/07 STATE GRANT FUND
WHEREAS, the City of Chula Vista was originally awarded $50,000 in State
Proposition 12 funds for its Urban Heat Island Mitigation Project in 2004; and
WHEREAS, these state funds were allocated to plan trees on public rights-of-way
in order to increase shade cover and reduce urban air temperatures; and
WHEREAS, the City Council approved the receipt of the grant and originally
appropriated these funds to the FY05/06 budget with Resolution 2005-088; and
WHEREAS, $35,359.39 of the grant award has been expended to plant 392 trees
or complete approximately 85 percent of the project; and
WHEREAS, the re-appropriation of unused funds will allow the Department of
Conservation & Environmental Services to complete the remaining grant commitments;
and
WHEREAS, there is no new impact to the General Fund as a result of this re-
appropriation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
Chula Vista does hereby appropriate $14,641.00 in unused grant funds to the FY06/07
State Grant Fund.
Presented by
Michael Meacham
Director of Conservation &
Environmental Services
J:\Attorney\RESO\FIN ANCE\appropriation unused grant funds to State Grant Fund.doc
15-3
COUNCIL AGENDA STATEMENT
Item #
Meeting Date: 09/19/06
)(P
ITEM TITLE: An Ordinance of the City of Chula Vista designating the Appointing Authority
for the position of Intergovernmental Affairs Coordinator in the Department of
Mayor and Council
SUBMITTED BY: City Attorney~
(4/5 Vote: Yes _ No Kl
SUMMARY:
This action will designate the appointing authority for the position of Intergovernmental Affairs
Coordinator in the Department of Mayor and Council as the Mayor and Council collectively.
RECOMMENDATION: That the City Council adopt the ordinance.
DISCUSSION:
Chula Vista Charter Sections SOland 505 grant to the Mayor and Council the authority to create
departments and assign functions to departments. Pursuant to this authority, the Department of Mayor
and Council [Department] was created by the City Council in 1994, and is codified in Chapter 2.03 of
the Chula Vista Municipal Code [CVMC]. The Department's stated responsibility is "policy setting
and constituent relations, inter-agency relations, and intra-agency/policy implementation, but which
shall not involve any administrative services." CVMC S 2.03.010.
Charter Section 304(b)(6) states that it is the duty ofthe Mayor to supervise the operation of the
mayor/council office and the personnel assigned there. The Mayor may also "perform such other
duties consistent with the office as may be prescribed by this Charter or delegated to the Mayor or
imposed on the Mayor by the City Council if not inconsistent with the provisions of this Charter."
Charter S 304(b )(7).
The position of Intergovernmental Affairs Coordinator is currently under the Department of Mayor
and Council. The position was transferred from the Manager's supervision to the Department of
Mayor and Council by Council action in 2004. It is the intent of the Council that this position shall
serve at the pleasure of the Mayor and Council collectively. It is the opinion of the City Attorney that
the Council must act by ordinance to clarify this appointing authority. The City Attorney has prepared
this ordinance. A class specification for this position has been developed by the Director of Human
Resources, as is required by the Charter. A copy of this class specification is attached to this Agenda
Statement as Attachment A.
COUNCIL MEMBER CONFLICT: Not Applicable. Staff has reviewed the decision contemplated
by this action and has determined that it is not site specific and consequently the 500 foot rule found in
California Code of Regulations section 18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT: None
J:\Attomey\SharonM\Agenda Statements\Dept of Mayor & CounciI_09-19-06.doc
16-1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF CHULA VISTA
DESIGNATING THE APPOINTING AUTHORITY FOR
THE POSITION OF INTERGOVERNMENTAL
AFFAIRS COORDINATOR IN THE DEPARTMENT OF
MAYOR AND COUNCIL
WHEREAS, the position of Intergovernmental Affairs Coordinator is currently
under the Department of Mayor and Council; and
WHEREAS, it was transferred from the Manager's Office to the Department of
Mayor and Council by Council action in August 2004; and
WHEREAS, pursuant to Charter section 304(b)(6), it is a duty of the Mayor to
supervise personnel assigned to the Mayor/Council office; and
WHEREAS, pursuant to Charter sections 50 I and 505, it is the intent of the City
Council of the City of Chula Vista to designate that the position of Intergovernmental
Affairs Coordinator shall serve at the will of the Mayor and Council, with the
Councilmembers collectively authorized to appoint and remove an employee from the
position.
NOW, THEREFORE, the City Council of the City of Chula Vista does ordain as
follows
The City Council of the City of Chula Vista hereby designates that the position of
Intergovernmental Affairs Coordinator in the Department of Mayor and Council shall
serve at the will of the Mayor and Council. The Councilmembers collectively shall serve
as appointing authority for the position.
Submitted by:
Approved as to form by:
Ann Moore
City Attorney
~QC\~c-k~
Ann Moore
City Attorney
J :\Attomey\Ordinance\lntergovemmental Affairs _ 09-19-06.doc
16-2
CITY OF CHULA VISTA
INTERGOVERNMENT AL AFFAIRS COORDINATOR
Department of Mayor and Council
DEFINITION
To assist the Mayor and Council in researching, analyzing, and interpreting the policy
implications and impacts oflegislation on the City.
DISTINGUISHING CHARACTERISTICS
This is an at-will, middle-management level classification established in the Department of
Mayor and Council. It is subject to the authority and limitations set forth in the City Charter and
the Municipal Code. This position works as a liaison between the Mayor and Council and the
City Manager, formulating policy decisions related to legislation that may affect the City. This
position is limited to policy work, and is precluded from influencing, interfering with, or
performing the administrative or executive functions of the City Manager.
SUPERVISION RECENED AND EXERCISED
Receives direction from the Mayor and City Council.
ESSENTIAL FUNCTIONS
Functions may include, but are not limited to, the following:
Provide the Mayor and Council, Legislative Committee, and City Manager's office with timely
information, analyses, and recommendations regarding legislative issues that might impact the
City.
Develop, in coordination with the Legislative Committee and the City Manager or his/her
designee, an annual legislative program for the City.
Plan, schedule, and prepare quarterly and year-end legislative reports for the Mayor and Council,
Legislative Committee, and City Manager's office.
Monitor, analyze, and interpret pending and proposed federal and state legislation, assess its
impacts, and prepare recommendations to the Legislative Committee and the City Manager or
his/her designee for effective courses of action; coordinate with other cities on policies and
procedures related to common concems or interests.
Prepare and present staff reports to Legislative Committee, Mayor and Council, and City
Manager and prepare other necessary correspondence as requested and appropriate.
COUNCIL AGENDA STATEMENT 9/19/06
ATTACHMENT A
16-3
CITY OF CHULA VISTA
Intergovernmental Affairs Coordinator
Coordinate strategies with the Legislative Committee and the City Manager's office to attain or
prevent passage of legislation by seeking input from appropriate sources to avoid adverse impact
on the City.
Act as Mayor and Council liaison to the City's lobbyist at the federal and/or state level and
provide information and analysis to the lobbyist as directed by the Legislative Committee and/or
the City Manager.
Coordinate Mayoral and Council VISItS to district offices of federal and state legislators.
Represent the Mayor and Council to outside agencies and organizations and participate in
community and professional groups and committees as directed.
Forward constituent or outside agency requests regarding proposed legislation on matters of City
operational concerns to the City Manager or his/her designee.
Build and maintain positive working relationships with co-workers, other City employees, and
the public using principles of good customer service.
Perform other related legislative liaison duties as assigned.
MINIMUM QUALIFICATIONS
Knowledge of:
> Role and function of policy development at the municipal level and principles and
practices of public administration.
> Federal and state legislative processes including a strong working knowledge of the
state's committee system.
> Applicability of federal, state, and local laws, rules, and policies on local
government's fiscal well-being, delivery of essential public services, and
development and maintenance of public infrastructure.
> The broad array of public, business and labor groups and their role in advocacy of
federal, state, and local legislation and policies.
> Research methods, techniques, and report presentation.
> Modem office procedures and computer equipment.
Ability to:
> Monitor and track state and federal legislative activity pertinent to City programs.
> Prepare legislative proposals for review by decision makers and City Staff.
16-4
Page 2 of 4
CITY OF CHULA VISTA
Intergovernmental Affairs Coordinator
~ Gain cooperation through effective communication including personal style, ability to
listen and gain trust, informed discussion, and persuasion.
~ Analyze complex legislative proposals and accurately communicate through written
and oral means the risks and opportunities and alternative actions that evolve from the
analysis.
~ Present high quality training sessions related to legislative processes and functions.
~ Travel to other locations in the City and out of town as directed.
~ Interpret and explain pertinent City policies and procedures.
~ Operate a personal computer and applicable software related to area of assignment.
~ Establish and maintain effective working and diplomatic relations with staff, the public
and representatives from governmental and other agencies.
Experience and Training:
Any combination of experience and training that would likely provide the required knowledge and
abilities is qualifying.
Experience:
Four years of increasingly responsible governmental administrative staff experience including the
analysis of legislation and participation in related business/community-oriented activities.
Training:
A Bachelor's degree from an accredited college or university with a major ill public
administration, political science, public relations, journalism, or a closely related field.
License or Certificate:
Possession of, or ability to obtain, a valid California driver's license.
PHYSICAL DEMANDS
On a continuous basis, sit at desk for long periods of time, intermittently twist to reach
equipment surrounding desk; perform simple grasping and fine manipulations; use telephone,
and write or use a keyboard to communicate through written means; and lift or carry weight of
20 pounds or less. See in the normal vision range with or without correction to read typical
business documents, computer screens, hear in the normal range with or without correction.
16-5
Page 3 of4
CITY OF CHULA VISTA
Intergovernmental Affairs Coordinator
WORKING ENVIRONMENT
Primary work is performed indoors in a carpeted and air-conditioned office environment with
fluorescent lighting and moderate noise level. Some movement is required from office to office
and there is exposure to the external environment when going to outlying offices or meetings
with other agencies. Work is frequently disrupted by the need to respond to in-person and
telephone inquiries.
09/19/06
16-6
Page 4 of 4
COUNCIL AGENDA STATEMENT
Item /0
Meeting Date 9/19/06
ITEM TITLE:
Report on requests by the Rolling Hills Ranch Community Association and
residents to amend Truck Route designations on Lane Avenue, Proctor
Valley Road and Hunte Parkway and regarding potential traffic control
enhancements to Lane Avenue.
Acting Director ofEn~e~g ~D1 L-~
Acting City Engineer ;ttt<-.....W 'o::j
Chief of Policeb "'f'5- ~
1.%
Interim City Manager {jI
(4/5ths Vote: Yes~o.x,J
SUBMITTED BY:
REVIEWED BY:
At the June 6, 2006 City Council Meeting, residents of properties abutting Lane Avenue asked
the City Council to reconsider the decision to designate Lane Avenue as a Truck Route. This
request was later expanded by a letter from the Rolling Hills Ranch Association (June 19, 2006)
to include Proctor Valley Road and Hunte Parkway. This item was scheduled for Council
discussion at the August 22, 2006 meeting, but was continued. The continuance allowed further
opportunity for staffto work with the community, the City Attorney's Office and the Chula Vista
Police Department to explore potential alternatives.
RECOMMENDATION: Accept the report and direct staff to proceed with implementation of
trial all-way stop control at the intersection of Lane Avenue and MacKenzie Creek Road.
BOARD/COMMISSIONS RECOMMENDATIONS: Not applicable.
DISCUSSION:
Ordinance 3033 (March 2006) which amended Ordinance 2482 and chapter 10.64 ofChula Vista
Municipal Code specifically amended Section 10.64.010 and repealed Section 10.64.040 of the
Municipal Code making the designation of Truck Routes an administrative action under the
purview of the City Engineer (see Attachment A). The report on this Agenda item included
information for the City Council and public regarding Truck Route designations on local streets,
but because of the associated amendment, the actual designations of Truck Routes did not require
Council action. As required by conflict of interest codes, Mayor Padilla abstained from the item
due to property ownership within 500 feet of one of the designations.
At the June 6, 2006 City Council Meeting, residents of properties abutting Lane Avenue asked
the City Council to reconsider the decision to designate Lane A venue as a Truck Route. This
request was later expanded by a letter from the Rolling Hills Ranch Association (June 19, 2006)
to include Proctor Valley Road and Hunte Parkway (see Attachment B). The concerns of the
residents were further explored during a Community Meeting on July 31, 2006 at Thurgood
Marshall Elementary School. The continuance of this item from the August 22, 2006 Council
Agenda allowed further opportunity for staff to work with the community, the City Attorney's
17-1
Page 2, Item ) '1
Meeting Date 09119106
Office and the Chula Vista Police Department to explore potential alternatives.
Since that time, as communicated in a September 7, 2006 memorandum on this subject (see
Attachment C), with the City Engineer's concurrence, the Engineering Department temporarily
removed the Truck Route designation signs from the northern part of Lane Avenue and replaced
the trucks (over five tons) prohibited signs that had been previously posted.
Through follow-up conversations with the community, City staff had gained further understanding
of actions by past City employees who had. supported the community had by reinforcing the
prohibition of trucks over five tons on the northern part of Lane A venue (Boswell Road to Proctor
Valley Road) with the installation of signage. Because the City's Municipal Code makes it
unlawful to operate a vehicle weighing in excess of 10,000 pounds except upon a truck route
designated within the city limits, signs are somewhat unnecessary to indicate the prohibition of
trucks upon streets lacking Truck Route signs. Therefore, we believe that the posting of trucks-
over-five-tons-prohibited signs confirms the position of past City staff. Although there is no
technical reason to have taken this action and no formal historical documentation explaining this
action, it is understandably of significant importance to the community. Current City staff was
unaware of this piece of neighborhood history and felt upon further review that it needed to be
considered as we move forward.
The September 7'h memorandum noted however, that this action to prohibit trucks (over five
tons) from the northern part of Lane Avenue will be re-evaluated upon the opening of SR-125
and in consideration of anticipated future industrial and commercial development patterns. This
approach allows the situation to be reconsidered after new traffic patterns have been established
and the area is closer to build-out, as well as providing the community with ample notice that a
change may eventually be made should future transportation demands indicate the need for an
expanded Truck Route network.
Rp.c:nmmp.n(IE:~ri Tr~ffic: rnntTol Fnh:mC"P,memt" on T ;::Inp. Avp.nl1f~
Residents have also expressed concerns about pedestrian safety on Lane Avenue. On Monday, July
31 st, City staff from the Engineering, Planning & Building, and Police Departments met with a
group of about 18 residents to discuss the Truck Route designations. At that meeting, residents
further voiced their concerns and indicated a desire to pursue legal action. The community was
noticed via hand posted meeting postcards placed on doors of almost 200 residences, email contact
with two residents who had agreed to be communication linkages, posting on the Rolling Hills
Ranch Community Association web page and an information item to City Council.
The residents further emphasized their concerns regarding traffic safety and truck traffic noise in the
Rolling Hills Ranch community in general and specifically on Lane Avenue. The group was able to
reach consensus for installation of potential roadway enhancements, given the Truck Route
designation (see Attachment D). Although the Truck Route designation situation has changed, staff
recommends that we proceed with trial installation of all-way stop control with painted crosswalks
at Lane Avenue and MacKenzie Creek Road.
17-2
Page 3, Item ) '1
Meeting Date 09/19/06
All-way stop control at Stone Canyon Road was also recommended by City staff, however this
option was eliminated by attendees because of the vehicle noise concerns voiced by a family living
on that particular comer.
Residents have previously requested all-way stops and crosswalks on Lane A venue at Stone
Canyon Road and MacKenzie Creek Road. These possibilities were considered by the Safety
Commission and were not approved since requirements were not met. However, given the pilot
traffic calming effort in the area and the input provided during the Truck Route process, staff
recommends proceeding with trial installation of all-way stops and crosswalks at Lane Avenue and
MacKenzie Creek Road. The residents have agreed to a trial period of 60 days after which staff
would return to the City Council with a recommendation for a final disposition pursuant to CVMC
1O.12.030.D whereby the City Engineer may test traffic control devices under actual traffic
conditions.
A review of the accident rate on this roadway shows that the accident rate of 0.77 accidents per
million vehicle miles is 76% below the statewide accident rate of 3.18 for similar roadways in
California. The speed limit is posted at 35 MPH within the industrial zone and at 40 MPH within
the subdivision. The difference in speed limits is due to the fact that the roadway is wider within
the subdivision at 74-feet and the 85th percentile speed is at 41 MPH while the south end of the
street is 64-feet in width with an 85th percentile speed of38 MPH. Speed limits are generally set at
the closest five-mile per hour interval to the 85th percentile speed.
ENVIRONMENTAL REVIEW: The Environmental Review Coordinator has reviewed the
proposed activity for compliance with the California Environmental Quality Act (CEQA) and has
determined that the activity is not a "Project" as defined under Section 15378 of the State CEQA
Guidelines; therefore, pursuant to Section 15060 (c)(3) of the State CEQA Guidelines the activity
is not subject to CEQA.
DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the City
Council and has found no property holdings within 500 feet of the boundaries ofthe property
which is the subject of this action.
FISCAL IMPACT: There is no fiscal impact to the General Fund with this project at this time.
Attachments:
A - City OfChula Vista Municipal Code 10.64.010
B - Rolling Hills Ranch Letter
C - Memorandum dated September 7,2006
D - Potential Roadway Enhancement locations
(File No.: TF339IKY-158)
nEngineerIAGENDA\CAS2006\09-19-06IAGENDAST A TEMENT. truckroute0911 06
17-3
ATTACHMENT ~
10.64.010 Compliance required when.
Except when provided in CVMC 10.64.020 and 10.64.030, it is unlawful
to operate a vehicle weighing in excess of 10,000 pounds except upon a
truck route designated within the city limits. This section is effective when
signs marked "truck route" have been installed along the designated truck
routes, and the city engineer has installed signage at each vehicular point of
entry into Chula Vista restricting vehicles in excess of 10,000 pounds to
designated truck routes. The city engineer shall maintain within a register
Schedule VII listing all streets or portions of streets that are designated
"truck routes." (Ord. 3033 ~ 1, 2006; Ord. 2670, 1996; Ord. 2482 ~ 1, 1991;
Ord. 2024 ~ 1, 1983; Ord. 973 ~ 1, 1966; prior code ~ 19.13.1 (A)).
17-4
REeEI.VEr
JUN 2 3 ZOot
Rolling-HillsRanch
ATTACHMENT ~
June 19, 2006
The Honorable ~n C. Padilla
Mayor, City otChula Vista
276 FouptfAvenue
Ch~ista, CA 91910
RE: Truck Route through the Rolling Hills Ranch Community
Dear Mayor Padilla:
We are writing on behalf of the residents and homeowners of Rolling Hills
Ranch. Rolling Hills Ranch is a Master Planned Community with about 1,650
homes, with several times that number of residents. It has five multi-million dollar
Swim Clubs and extensive landscaping.
Rolling Hills Ranch is also located in the vicinity of a Light Industrial Park
and both north and south of Proctor Valley Road, east of the East H Street
ingress and egress intersection of the new SR-125. While the residents of
Rolling Hills Ranch knew that these conditions existed when they purchased their
homes, the businesses located in the Light Industrial Park also knew that there
was a residential neighborhood abutting this area.
Until recently, the route for trucks over 5,000 pounds traveling east from 1-
805 was east on Qtay Lakes Road, and then north on either EastLake Parkway
or Lane Avenue, with the northern boundary street of Boswell Rd. However, with
no prior notice to the homeowners of Rolling Hills Ranch, the 5,000 lb. weight
limit signs on Lane Ave. north of. Boswell as well as on Hunte Parkway and
Proctor Valley Rd. east of SR-125 have been replaced with "Truck Route" signs.
Upon investigation by some of the homeowners in the community, it was
discovered that this change was made at the March 21, 2006 meeting of the City
Council, at which an amendment to Chapter 10.64 of the Chula Vista Municipal
Code was approved. This change now means that trucks in excess of 10,000
Ibs. will be able to operate on the streets within this entirely residential area. It
also appears that this change enables heavy trucks, with no time constraints, to
follow either Lane Ave., or Hunte Parkway to Proctor Valley Rd. in order to
access the on or off ramps SR-125. .
Corporate Office
9665 Chesapeake Drive' Suite 300
San Diego, CA 92123-1364
(858) 495-0900 . Fax (858) 495-0909
www.waltersmanagement.com
Regional Office
2300 Boswell Road' Suite 209
Chula Vista. CA91914-3534
(619) 656-3220' Fax (619) 656-6617
17-5
The Rolling Hills Ranch Community Association Board of Directors and its
homeowners respectfully request that this decision be revisited and reversed.
There is still adequate access on Lane Ave. and EastLake Parkway for these
heavy trucks to go to Otay Lakes Road and then to SR-125 without traveling
through a residential neighborhood. The increased traffic, noise, and pollution at
all hours of the day and night will be disruptive to the quiet enjoyment ofthe
homes in Rolling Hills Ranch. From what we have seen, it does not appear
these environmental impacts were properly considered prior to establishing the
new truck routes.
More importantly, there is a significant public safety issue. There are
several schools in the area, as well as the new Montevalle Park. Requiring that
children travel to and from school or to the park across streets where 10,000 Ib.-
plus trucks are traveling is unquestionably unsafe.
This matter is one that needs the immediate and decisive attention of you
and the City Council. As mentioned above, the existing truck routes to the
commercial areas are more than adequate, and avoid the Rolling Hills Ranch
neighborhoods. The plan to run these same trucks through an entirely residential
neighborhood is not acceptable to those living there. The Rolling Hills Ranch
Community Association Board of Directors, the homeowners, and indeed the
entire community, looks forward to the reversal of this change and the restoration
of the 5,000 lb. weight limit in their neighborhood.
David M. Stucky;
President
Rolling Hills Ranch Community Assn.
Cc: Rolling Hills Ranch Community Association Board of Directors
Chura Vista City Council
Chula Vista Engineering Department
City of Chula Vista Planning Department
City of Chula Vista Police Department
Walters Management
RHR Web Page
17-6
~!~
=~
~~~=
- - - -
ATTACHMENT J:L
01Y Of
(HUlA V1SfA
Memorandum
ENGINEERING DEPARTMENT
To:
THE HONORABLE MAYOR AND CITY COUNCIL
A
JIM THOMSON, INTERIM CITY MANAGER (jJ
MATT LITTLE, ACTING CITY ENGINEER~
LEAH BROWDER, ACTING DIRECTOR OF ENGINEERINGW
VIA:
FROM:
DATE:
SEPTEMBER 7,2006
SUBJECT: DESIGNATION OF LANE AVENUE As A TRUCK ROUTE
At the June 6, 2006 City Council Meeting, residents of properties abutting Lane Avenue asked
the City Council to reconsider the decision to designate Lane Avenue as a Truck Route. This
request was later expanded by a letter from the Rolling Hills Ranch Association (June 19,2006)
to include Proctor Valley Road and Hunte Parkway (see Attachment I).
As a result of that request, City staff met with the community and the Rolling Hills Ranch
Association in order to further understand their concerns and neighborhood history. This item
was scheduled for Council discussion at the August 22, 2006 meeting, but was continued. The
continuance allowed further opportunity for staff to work with the community, the City
Attorney's Office and the Chula Vista Police Department to explore potential alternatives.
The March action also amended Section 10.64.010 and repealed Section 10.64.040 of the Chula
Vista Municipal Code making the designation of Truck Routes an administrative action under
the purview of the City Engineer.
Of significant concern to the community and to City staff was the issue that past City employees
had supported the community by reinforcing the prohibition of trucks over five tons on the
northern part of Lane Avenue (Boswell Road to Proctor Valley Road) with the installation of
signage. Because the City's Municipal Code makes it unlawful to operate a vehicle weighing in
excess of 10,000 pounds except upon a truck route designated within the city limits, signs are
somewhat unnecessary to indicate the prohibition of trucks upon streets lacking Truck Route
signs. Therefore, we believe that the posting of trucks-over-five-tons-prohibited signs confirms
the position of past City staff. Although there is no technical reason to have taken this action and
no formal historical documentation explaining this action, it is understandably of significant
17-7
Honorable Mayor and City Council
-2-
September 7, 2006
importance to the community. Current City staff was unaware of this piece of neighborhood
history and feels upon further review that it needs to be considered as we move forward.
Therefore, with the City Engineer's concurrence, the Engineering Department will be
temporarily removing the Truck Route designation signs from the northern part of Lane Avenue
and replacing the trucks (over five tons) prohibited signs previously posted. This action will be
re-evaluated upon the opening ofSR-125 and in consideration of anticipated future industrial and
commercial development patterns. This approach will allow the situation to be reconsidered
after new traffic patterns have been established and the area is closer to build-out, as well as
providing the community with ample notice that a change may eventually be made should future
transportation demands indicate the need for an expanded Truck Route network.
It is important to note that this action is only supportable given the continued designation of
Proctor Valley Road and Hunte Parkway as Truck Routes. This allows trucks a route from
Proctor Valley Road (Mt. Miguel Road area) to Otay Lakes Road and other potential southerly
destinations. Restricting trucks on these two major roadways along with the northern part of
Lane Avenue would create a network of trucks-prohibited streets creating an island for industrial
and commercial destinations south of Proctor Valley Road. This would trigger the California
Vehicle Code "direct route" provision (Section 35703) thereby allowing commercial trucks to
select their most direct route through a series of trucks prohibited streets, including streets like
Rocking Horse Drive and MacKenzie Creek Drive.
Staff would like to thank families in the community, such as the Reorks, and also the Rolling
Hills Ranch Association for constructively supporting internal efforts to fully understand the
history of this issue and current community concerns.
Cc: Joan Dawson, Deputy City Attorney
Don Hunter, Chula Vista Police Department
17-8
_%1~~~~'.~i
ATTACHMENT ,
RECEP/ED
J'1 >I 2 .. ~~.,,~
. L:r; . ~ "tItlO
Rolling-HillsRanch
June 19, 2006
The Honorable ~n C. Padilla
Mayor, City ..Pf'Chula Vista
276 Four:t[(Avenue
Ch~sta, CA 91910
RE: Truck Route through the Rolling HiIls Ranch Community
Dear Mayor Padilla:
We are writing on behalf of the residents and homeowners of Rolling Hills
Ranch. Rolling Hiils Ranch is a Master Planned Community with about 1,650
homes, with several times that number of residents. It has five multi-million dollar
Swim Clubs and extensive landscaping.
Rolling Hills Ranch is also located in the vicinity of a Light Industrial Park
and both north and south of Proctor Valley Road, east of the East H Street
ingress and egress intersection of the new SR-125. While the residents of
Rolling Hills Ranch knew that these conditions existed when they purchased their
homes, the businesses located in the Light Industrial Park also knew that there
was a residential neighborhood abutting this area.
Until recently, the route for trucks over 5,000 pounds traveling east from 1-
805 was east on atay Lakes Road, and then north on either EastLake Parkway
or Lane Avenue, with the northem boundary street of Boswell Rd. However, with
no prior notice to the homeowners of Rolling Hills Ranch, the 5,000 lb. weight
limit signs on Lane AVe. north of Boswell as well as on Hunte Parkway and
Proctor Valley Rd. east of SR-125 have been replaced with "Truck Route" signs.
Upon investigation by some of the homeowners in the community, it was
diScovered that this change was made at the March 21, 2006 meeting of the City
Council, at which an amendment to Chapter 10.64 of the Chula Vista Municipal
Code Was approved. This change now means .that trucks in excess of 10,000.
Ibs. wlli be able to operate on the streets within this entirely residential area. It
also appears that this change enables heavy trucks, with no time constraints, to
follow either Lane Ave., or Hunte Parkway to Proctor Valley Rd. in order to
access the on or off ramps SR-125..
;ate Office
lesap<:2ke Drive . Suite 300
p"n rA Q'),"')'2 1 ':J.t:.A
17-9
Regional Office
2300 B05'iVe'n "Rn"ri' . ,,,~~_ 'lnn
The Rolling Hills Ranch Community Association Board of Directors and its
. homeowners respectfully request that this decision be revisited and reversed.
There is still adequate acces~ on Lane Ave. and EastLake Parkway for these
heavy trucks to go to Otay. Lakes Road and then to SR-125 without traveling
through a residential neighborhood. The increased traffic, noise, and pollution at
all hours of the day and night will be disruptive to the quiet enjoyment of the
homes in Rolling Hills Ranch. From what we have seen, it does not appear
these environmental impacts were properly considered prior to establishing the
new truck routes.
More importantly, there is a significant public safety issue. There are
several schools in the area, as well as the new Montevalle Park. Requiring that
children travel to and from schooi or to the park .across streets where 10,000 ib.-
pius tru<:;ks are traveling is unquestionably unsafe.
This matter is one that needs the immediate and decisive attention of you
and the City Council. As mentioned above, the existing truck routes to the
commercial areas are more than adequate, and avoid the Rolling Hills Ranch
neighborhoods. The plan to run these same trucks through an entireiy residential
neighborhood is not acceptable to those living there. The Rolling Hills Ranch
Community Association Board of Directors, the homeowners, and indeed the
entire community, looks forward to the reversal of this change and the restoration
of the 5,000 lb. weight limit in their neighborhood.
David M. Stucki
President
Rolling Hills Ranch Community Assn.
Cc: Rolling Hills Ranch Community Association Board of Directors
Chula Vista City Council
Chula Vista Engineering Department
City of Chula Vista Planning Department
City of Chula Vista Pollee Department
Walters Management
RHR Web Page
17-10
~
-
COUNCIL AGENDA STATEMENT
Item:
Meeting Date:
10
9/19/06
ITEM TITLE:
Public Hearing: Consideration of an amendment to the Master Fee
Schedule to reflect a modification to the Utility Permit Fee schedule.
Resolution Amending the Master Fee Schedule to Modify the Utility
Permit Fee Portion of the Schedule
SUBMITTED BY:
Resolution Approving a Manual of Administrative Practices Between
the City of Chula Vista and San Diego Gas and Electric Company and
authorizing the Mayor to execute said Manual.
A. D. fE.. \.t.... t.....t..-5
chng lfector 0 ngmeenng 1"'"'0
/:
Interim City Manager dl (4/5ths Vote: Yes No X )
REVIEWED BY:
On October 12, 2004, by Resolution No. 2004-333, Council approved the Memorandum of
Understanding (MOU) between the City of Chula Vista and San Diego Gas and Electric
regarding proposed terms for the gas and electric franchises. One of the requirements of the
MOU was the preparation of the Manual of Administrative Practices Between the City of Chula
Vista and the San Diego Gas and Electric Company. Tonight, Council will consider approving
this Manual. Council will also consider a proposed amendment to the City's Master Fee
Schedule. The proposed amendment will allow the City to provide for the processing of certain
minor utility permits through a separate, Council-approved, written agreement between the City
and the permittee.
RECOMMENDATION: That Council conduct the public hearing and adopt the Resolutions.
BOARDS AND COMMISSIONS: Not applicable.
DISCUSSION:
Back!!round
On October 12, 2004 the City and San Diego Gas and Electric (SDG&E) entered into an MOU to
provide for specific community-wide benefits and new gas and electricity franchise agreements
between the City and SDG&E. On November 16,2004, the City adopted Ordinance Nos. 2987
and 2988 (the "Ordinances"). By Ordinance No. 2987, the City granted SDG&E a franchise to
"construct, maintain and use poles, wires, conduits and appurtenances, including communication
circuits, necessary or proper for transmitting and distributing electricity to the public for any and
all purposes in, along, across, upon, under and over the public streets, ways and places within"
the City. By Ordinance No. 2988, the City granted SDG&E a franchise to "construct, maintain
and use in the streets of [the] City all pipes and appurtenances for transporting, transmitting and
distributing gas to the public for any and all purposes within" the City. The Franchises
commenced on January 1, 2005.
18-1
Page 2, Item
Meeting Date 9/19/06
18
In consideration for the granting of the Franchises, SDG&E agreed to pay the City franchise fees
and collect certain taxes and charges, as detailed in the Ordinances.
The initial term of each Franchise is ten years. After the initial ten-year term, each Franchise
will automatically renew for an additional twenty-year term, if SDG&E materially satisfies its
obligations of the MOU.
The MOD and the terms of the Franchises require the preparation of a standards manual for
expedited permit processes and requirements for utility projects and maintenance work. Further,
the Ordinances require the Manual to include administrative practices to govern the permitting,
installation, maintenance, repair and removal of SDG&E' s facilities in the streets of the City.
The Manual
In accordance with the MOD, City staff and SDG&E have worked together to create the Manual
of Administrative Practices that is before Council tonight for consideration (Exhibit "A").
Highlights of the Manual include the following:
· Definitions to clarify what is considered scope of work in streets, and differences
between emergency work, minor work and ordinary work.
· Define what work performed by SDG&E requires permits from the City and when fees
will be collected.
. Defines what responsibilities the City has in inspecting the work performed by SDG&E.
. Terms of the Manual are in effect throughout the term of the Franchises.
· Defines how SDG&E is required to notify the City prior to doing work in City streets,
when City-issued utility permits are required and the cost of these permits.
. Traffic Control. Defines what type of work by SDG&E requires traffic control plans and
how SDG&E is to implement said plans.
· Street and sidewalk repair. Defines how and when SDG&E is to repair City streets after
the utility work is done.
The terms of the manual will allow SDG&E to do emergency work and minor work without
obtaining a utility permit or paying permit fees to the City. However, SDG&E will notify the
City at least two days prior to commencing minor work and within two days of performing
emergency work. In the past, SDG&E has obtained permits and paid a nominal flat fee (currently
$300 per permit) for work now considered as minor work. The City will lose approximately
$5,000 to $7,000 per year in revenue by not charging for these permits. The nature of the work
under the minor work definition will involve minimal inspection services by the City and permit
processing staff time will be reduced. SDG&E contends that together with the increased
franchise fee, the one-time fee submitted for the preparation of the manual and in the spirit of
expedited processing all as called out in the MOD, they should not be required to pay for
emergency and minor work. Staff agrees with SDG&E that permit fees for emergency and
minor work could be eliminated with little impact to the City. SDG&E will still be required to
obtain a permit and pay fees for larger projects under the ordinary work definition.
Amendment to the Master Fee Schedule
The Master Fee Schedule currently provides for a utility permit fee of $300 for jobs for which
the replacement cost of the surface improvements within the City right-of-way is estimated to be
18-2
Page 3, Item ?S
Meeting Date 9/19/06
days in duration; (iii) does not require trench shoring; (iv) is not constructed on a road wider than
two lanes; and (v) is not near a signalized intersection, the City may provide for utility permit
processing and fees, if any, in a separate written agreement between the City and the permittee.
The written agreement must be approved by the City Council before it becomes effective."
ENVIRONMENTAL REVIEW:
The Environmental Review Coordinator has reviewed the proposed activity for compliance with
the California Environmental Quality Act (CEQA) and has determined that the activity is not a
"Project" as defmed under Section 15378 of the State CEQA Guidelines; therefore, pursuant to
Section 15060(c)(3) of the State CEQA Guidelines the activity is not subject to CEQA. Thus, no
environmental review is necessary.
DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated by this
action and has determined that it is not site specific and consequently the 500 foot rule found in
California Code of Regulations section I 8704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT: There is no impact to the General Fund. As required by the MOD, SDG&E
has paid the City a one-time fee in the amount of $250,000 for the development of the Manual.
SDG&E will no longer be required to pay a utility permit fee (currently $300 per permit) for
minor work. This may result in a loss of permit fee revenue to the City of up to $7,000 per year.
Attachments:
Exhibit A: Manual of Administrative Practices Between the City of Chula Vista and San Diego Gas & Electric Company
J:\Engineer\AGENDA \CAS2006\Q8.22-06\SDGE Admin Manual.doc
18-3
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA AMENDING THE MASTER FEE
SCHEDULE TO MODIFY THE UTILITY PERMIT FEE
PORTION OF THE SCHEDULE
WHEREAS, the City of Chula Vista previously adopted a Master Fee Schedule,
setting forth fees for "all services administrative acts and other legally required fees" (the
"Schedule"); and
WHEREAS, pursuant to its terms, the Schedule may be amended by resolution,
which shall be effective upon first reading and approval; and
WHEREAS, chapter IX, section CA of the Schedule sets forth fees pertaining to
Utility Permits and subsection a. of that section provides for a $300 fee for surface
improvements within the City right-of-way for which the replacement cost is estimated to
be less than $10,000; and
WHEREAS, the City Council held a public hearing on September 19, 2006, at
which it considered amending the Schedule to allow the City to provide for certain fees
within section IX.CA.a. of the Schedule through a separate written agreement; and
WHEREAS, the proposed amendment would retain that $300 utility fee but
would provide the following: "For work which falls within this category and which: (i)
includes less than 150 feet of excavation; (ii) is less than 7 days in duration; (iii) does not
require trench shoring; (iv) is not constructed on a road wider than two lanes; and (v) is
not near a signalized intersection, the City may provide for utility permit processing and
fees, if any, in a separate written agreement between the City and the permittee;" and
WHEREAS, the City Council has determined it would be in the City's best
interest to amend the Schedule, as set forth above.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Chula Vista herby amends section IX.C.4.a. of the Master Fee Schedule to add the
following paragraph, after the first paragraph in that section:
"For work which falls within this category and which: (i)
includes less than 150 feet of excavation; (ii) is less than 7
days in duration; (iii) does not require trench shoring; (iv)
is not constructed on a road wider than two lanes; and (v) is
not near a signalized intersection, the City may provide for
utility permit processing and fees, if any, in a separate
written agreement between the City and the permittee;"
18-4
Resolution No. 2006-
Page 2
Presented by
Leah Browder
Acting Director of Engineering
18-5
Approved as to form by
, ~~fJtL2
Ci Attorney
RESOLUTION 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A MANUAL OF
ADMINISTRATIVE PRACTICES BETWEEN THE CITY OF
CHULA VISTA AND SAN DIEGO GAS AND ELECTRIC
COMPANY AND AUTHORIZING THE MAYOR TO EXECUTE
SAID MANUAL
WHEREAS, On October 12, 2004 the City and San Diego Gas and Electric
entered into a Memorandum of Understanding (the "MOU") to provide for specific
community-wide benefits and new gas and electricity franchise agreements (the
"Franchises"); and
WHEREAS, the MOU and the terms of the Franchises required the preparation
of a standards manual for expedited permit processes and requirements for utility projects
and maintenance work; and
WHEREAS, the City and SDG&E have worked together to develop the "Manual
of Administrative Practices Between the City of Chula Vista and San Diego Gas &
Electric Company," (the "Manual") to meet the requirements of the MOU and the
Franchises; and
WHEREAS, the Manual sets guidelines for the City of Chula Vista and SDG&E
to follow regarding construction, maintenance, and use of facilities where the easement
crosses the City right-of-way; and
WHEREAS, the City Council has determined that adoption of the Manual is in
the best interest of the City.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Chula Vista hereby approves the "Manual of Administrative Practices Between the City
ofChula Vista and San Diego Gas & Electric Company,"
BE IT FURTHER RESOLVED, that the Mayor of the City of Chula Vista is
hereby authorized to execute the Manual on behalf of the City ofChula Vista.
Presented by
Approved as to form by
Leah Browder
Acting Director of Engineering
H:\ENG INEER\RESOS\Resos2006\09-19-06\SDGE AdminManual.doc
18-6
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
Dated: -=r)l<t)n;;;.
Manual of Administrative Practices
Between the City of Chula Vista and
San Diego Gas & Electric Company
18-7
REC~\"~QV\S\ ^
CITY o\'~~~~UI~G DEn
EtlG n!:~" ,
1UU~ J\JL 25 r..li \ \: 40
ATTACHMENT
Manual of Administrative Practices
Between the City of Chula Vista
And San Diego Gas & Electric_Company
Section I - Introduction
This Manual of Administrative Practices ("Manual") is entered into by and between the
City of ChuIa Vista (the "City") and San Diego Gas & Electric Company ("SDG&E")
(collectively, the "Parties"). This Manual has been prepared pursuant to the
Memorandum of Understanding ("MOU") between the Parties, dated October 12, 2004,
and the franchises that the City granted to SDG&E, effective January 1, 2005 (the
"Franchises"). In accordance with the MOU and the terms of the Franchises, this Manual
will govern the permitting, installation, maintenance, repair and removal of SDG&E's
facilities in City streets.
Section 11- Purpose
The purpose of this Manual is to establish standardized and expedited permit processes
and requirements for utility proj ects and maintenance work consistent with California
Public Utilities Commission ("CPUC") regulation and generally accepted industry
standards,
In furtherance of this purpose, this Manual will, among other things, provide
administrative procedures for the use of the public rights-of-way within the City in order
to:
(a) Clarify the responsibilities and authority of the City and SDG&E relative to
SDG&E's Work within the public rights-of-way within the City;
(b) Formalize the understanding regarding the circumstances under which SDG&E will
notify the City of its intent to conduct any public utility facility installation, modification,
maintenance or repair Work;
(c) Defme the circumstances under which SDG&E will apply for a permit issued by the
City ("Utility Permit") prior to initiating its Work;
(d) Clarify the responsibilities of SDG&E regarding the field supervision and control of
Work forces;
(e) Maintain safe conditions while minimizing inconvenience to the public; and
(f) Establish a cost recovery mechanism for municipal inspection and Traffic Control
Plan review. h.'.
Section II1- Background
A. The MOD and the Franchises.
On October 12, 2004, the City and SDG&E entered into the MOU to provide for
"specific community-wide benefits and new gas and electricity franchise agreements
between the" City and SDG&E. On November 16,2004, the City adopted Ordinance
18-8
govern the practices of City and the Grantee in issuance of permits and
installation, maintenance and removal of Grantee's facilities in streets of
City."
It is in compliance with these provisions that tins Manual is developed.
B. Compliance With Laws.
All Work performed by SDG&E pursuant to this Manual shall be accomplished in
accordance with the ordinances, rules and regulations of City, now or as hereafter
adopted, consistent with such rules and regulations as are promulgated under state law, or
order of the California Public Utilities Commission or other governmental authority
having jurisdiction.
C. Approval by City Council.
Pursuant to Section 7(a) of each Ordinance, this Manual must be approved by the Chula
Vista City Council before it becomes effective.
Section IV - Definitions
Whenever words or phrases are used in this Manual they shall have the respective
meanings assigned to them in the following definitions:
(a) The word "Work" shall mean an action to constmct, erect, install, maintain, repair, or
replace electric or gas facilities including pipelines, poles, wires, conduits and
appurtenances thereto in, upon, along, across, under or over the public right-of-way, and
shall also include Excavation. The word "Work" shall not apply to actions such as meter
reading, switching, locating, marking, or patrolling of utility facilities for which the City
has not consistently received notification in the past and which do not have any
significant impact on traffic flow within the City. The word "Work" shall also exclude
the installation of cable in a conduit installed for service by an applicant if such cable
installation does not have any impact on traffic flow, pedestrian access and flow, parking
in a commercial area, or bicycle flow.
(b) "Excavation" or "Cut" shall mean any operation in which earth, sand, gravel, rock,
asphalt, concrete, or other materials in the ground are moved, by using tools for grading,
trenching, digging, ditching, drilling, augering, tunneling, cable or pipe plowing, or other
similar activity.
(c) "Emergency Work" shall mean any Work that is urgent in nature, and is initiated so
that the City and SDG&E can provide the necessary customer service to the residents and
businesses within and surrounding the City. For purposes of this Manual, Work that is
"urgent" in nature shall be limited to Wotk that is necessary to"correct an interruption or
to avoid an imminent interruption of gas or electric service, or that must be performed for
safety reasons. This Work will be completed within a short time frame, with SDG&E
providing the City with notification as soon as possible but not to exceed two business
days after the Work is performed. SDG&E will not be required to obtain a permit or pay
inspection or permit fees for Emergency Work.
18-9
(d) The phrase "Minor Work" shall mean any utility Work performed by SDG&E
provided that such Work includes less than 150 feet of excavation, is less than 7 days in
duration, does not require trench shoring, is not constructed on a road wider than two
lanes and is not near a signalized intersection. Any Minor Work that ultimately extends
beyond these parameters (e.g., continues 7 days or longer, entails trench shoring, etc.)
shall become Ordinary Work, as defined below. SDG&E will notify Engineering and
PWOPSlInspection of the scope of the Work at least two business days prior to
commencing Minor Work. A Standard Traffic Control Plan will be submitted if Work
impacts the safe flow of vehicular or pedestrian traffic. The City shall approve or amend
the standard Traffic Control Plan for Minor Work within two business days of receiving
notification. If SDG&E has followed the "Notice Procedures" set forth in Section VII
below and has not received a response from the City within two business days, SDG&E
shall be allowed to proceed with the Minor Work. SDG&E shall not be required to
obtain a Utility Permit or pay permit fees or inspection fees for Minor Work.
(e) The phrase "Ordinary Work" shall mean any Work that includes excavation of 150
feet or more, lasts 7 days or longer in duration, or requires trench shoring. Ordinary Work
also includes Work on roads wider than two lanes or near signalized intersections. These
projects may also require coordination between another utility or governmental agency;
or be conducted at unusual times. SDG&E shall apply for a City Utility Permit prior to
commencing Ordinary Work and submit a standard Traffic Control Plan for review and
approval at least 5 business days prior to beginning construction. If SDG&E has
followed the "Notice Procedures" set forth in Section VII below and has not received a
response from the City within five business days, SDG&E shall be allowed to proceed
with the Ordinary Work.
Section V - Inspections
The City retains its rights and authority to conduct inspections of SDG&E's Work over
which it has jurisdiction, including: structural and surface repair of Excavations;
placement of above-ground facilities as related to line of sight; obstruction of pedestrian
walkways; traffic control implementation; shoring and steel bridge plating; and all ADA
regulations.
Section VI - Term The administrative procedures included in this Manual are
effective from the last date of execution below and shall remain in effect throughout the
term of the Franchises. Pursuant to Section 7(a) of the Ordinances, once each year
following adoption of this Manual, the City and SDG&E will review and update the
administrative practices contained in this Manual. Any revision to the Manual shall be
subject to approval by the Chula Vista City Council.
Section VII - Notification
,.,-~ .'--.
· Minor Work - At least two business days prior to performing Minor
Work, SDG&E will provide to the City notice of the Work to be
performed. The City will be notified of Minor Work by fax and by
electronic mail.
18-10
· Ordinary Work - Prior to performing Ordinary Work, SDG&E will
provide to the City notice of the Work to be performed in the form of a
Utility Permit application and advise the City of the circumstances and
magnitude of the Work. SDG&E will submit construction drawings,
detailed standard Traffic Control Plans, if needed, and other deviations
from standard procedures such as alternative working hours, as part of its
application for a Utility Permit. SDG&E will apply for the business
permit at least 5 days prior to commencing construction. The City will
notify SDG&E of any special permit requirements within 3 business days
of SDG&E applying for the Utility Permit and return to SDG&E an
approved Utility Permit within 5 business days of receiving application.
. Emergency Work - Notification of Emergency Work will take place as
soon as possible, but no later than two business days following such Work.
· Capital Improvement Projects - On an annual basis, SDG&E shall
advise the City of all upcoming major capital improvement projects
planned within the City for the next 12 months. SDG&E will malce
reasonable efforts to notify the City as soon as such Work is planned, with
the understanding that it is subject to change depending upon funding and
system load conditions. SDG&E will attempt to coordinate such Work
with planned municipal improvements. Additionally, the City will
provide SDG&E notification of street restoration and rehabilitation
projects.
. Notice Procedures - Unless otherwise provided, all notices to the City
required pursuant to this Section shall be deemed valid and sufficient if
faxed to the attention of Inspections at: 619-397-6254. Notices regarding
Minor Work and Ordinary Work must also be faxed to Engineering at
619-691-5171, and sent by electronic mail, in PDF format, to the
following e-mail addresses:(i)engpermits@.ci.chula-vista.ca.us; (ii)
pwinspections@ci.chula-vista.ca.us; and (iii) PWFrontCounter@ci.chula-
vista.ca.us. Traffic control plans and construction plans will be delivered
via fax, mail or hand delivery to the Engineering Permits Section. Notice
shall be deemed given as of the date notice is received by the City.
Section VIII - Traffic Control
For all Work within the public right-of-way, SDG&E will abide by appropriate traffic
control standards (Traffic Control Plan) for the safe movement of traffic and pedestrians
upon highways and streets, in accordance with the State Vehicle Code and pursuant to the
State of California Manual of Traffic Control and the Work Area Traffic Control
Handbook (WATCH).
Any deviation from the WATCH traffic control plans will require City approval.
Reference to any of the stated traffic manuals as part of the notice of intent to commence
Work is appropriate and acceptable. Notice will be provided in accordance with Section
VII. The City Engineer and/or the Director of Public Works Operations shall have the
right to require changes to the traffic controls based upon actual field conditions.
18-11
SDG&E will be required to use ramped steel plates in streets where the speed limit does
not exceed 40mph. In streets with speed limits in excess of 40mph, SDG&E and City
shall work cooperatively to identify the appropriate installation of steel plates. SDG&E
shall use steel plates with a dmable, non-skid surface. The City will not unre::tsonably
restrict SDG&E' s use of steel plates, except in cases in which the use of steel plates
longitudinally within a travel lane creates a potential hazard. SDG&E's notification to
the City as outlined in Section VII above, shall indicate the thickness of all trench plating
to be used. In no case shall steel plates be left in place for more than 5 calendar days
without the prior written approval of the City Engineer.
Section IX - Street and Sidewalk Repair and Adjustment of At-Grade
Facilities
The City has the right to expect that any Excavation in a right-of-way by SDG&E will be
restored to a usable manner within a reasonable time period, as specified by the Standard
Specifications for Public Works Construction. For those sections of the public right-of-
way excavated by SDG&E, SDG&E will repair or replace such section of the right-of-
way to an equal or better condition and wananty such repair for the design life of the
street. Traffic signal loops damaged by SDG&E during such Excavations shall be
restored within five (5) days of completion of work at the site.
Upon notice by City to SDG&E, SDG&E shall begin repairs within thirty (30) days on
any permanent trench repair or at grade facility that settles below the adjacent
undisturbed pavement or becomes a safety hazard. Upon receiving notice from City
regarding any at-grade facilities that are not compliant with ADA requirements, SDG&E
shall promptly begin to make repairs according to SDG&E and ADA standards.
SDG&E will cooperate with the City to avoid, where possible, excavation of any fully
resurfaced street for a three-year period or surface-treated streets for one year. SDG&E
shall be granted exemptions to ensure that the health and safety of its employees and the
general public, as well as system reliability, are not negatively impacted by such a
moratorium. Such exemptions include, but are not limited to, performance of Emergency
Work, work initiated by municipal improvement projects, the installation of new
customer service, and work mandated by City, State or Federal requirements.
Section X - Graffiti Removal
SDG&E will use reasonable efforts to work with the City's Director of Public Works
Operations and SDG&E' s contractor to remove graffiti in accordance with the City's
Graffiti Ordinance.
Section XI - Log of SDG&E Activities in City Righf.'of-Way
SDG&E shall submit a quarterly report of SDG&E's activities within City of rights-of-
way that required notification by SDG&E to the City's PWOPS Construction Inspection
Section as defmed in Section VII.
Section XII - Utility Undergrounding Program
18-12
Chapter 32 of Title IS of the Chula Yista Municipal Code (CYMC) outlines the City's
regulations associated with the undergrounding of utilities. The regulations outline the
City's and the utility companies' obligations and responsibilities and the process of
district formation. City Council Policy Number 585.01 also outlines the City's policy on
the "Use of Utility Funds for Underground Conversion of Private Service Laterals." The
process of District formation and private property conversion shall be executed in
accordance with CPUC Regulations, the CYMC, the City Council Policy, the MOU and
SDG&E Rule 20A
Section XIII - Dispute Resolution
If, during the term of this Manual, a difficulty is encountered, related to the terms of the
Manual, which cannot be settled by the City Engineering Staff and SDG&E Construction
Management staff, it shall become the responsibility of the City Engineer and SDG&E's
Public Affairs to promptly conclude the dispute with a reasonable solution.
IN WITNESS WHEREOF, the Parties have executed this Manual of
Administrative Practices by their duly authorized representatives as of the last date of
execution below.
CITY OF CHULA YISTA, a chartered Dated:
municipal corporation
By:
Stephen C. Padilla
Mayor, City of Chula Yista
Attest:
Approved as to form:
-
Susan Bigelow, City Clerk
-
Ann Moore, City Attorney
,.......
SAN DIEGO GAS & ELECTRIC Dated:
COMPANY, a California corporation _
BY~~,,_ .\'{:'~~
~
~~ 2-\) arb
18-13
Name:
Title: V:, GE' ffes~cle" i 0+ E)<:-\'''''r'Nd At{<~;... ~
/ % -It!
Page 1, Item:
Meeting Date:
)Ct
9/19/06
COUNCIL AGENDA STATEMENT
ITEM TITLE: Selection of Applicants to be Interviewed for Appointment as Port
Commissioner ~
SUBMITTED BY: Interim City Manager Jf (4/Sths Vote: Yes_ No..x..)
On August 8, 2006, the City Council approved the attached appointment process for selecting a
new Port Commissioner.
Based on the appointment process, Council was to have submitted in writing the names of the
candidates they wished to nominate to the City Clerk at the August 22 City Council meeting.
However, since only four applications were received by the submittal deadline of August 18,
Council voted to extend the application submittal deadline ten days to September I. As a result
of the deadline extension, an additional seven applications were received, for a total of eleven.
RECOMMENDATION: That Council:
(I) Individually submit to the City Clerk in writing at the September 19 Council meeting the
names of the candidates they wish to nominate for Port Commissioner.
(2) Direct the City Clerk to announce at the September 19 Council meeting the nominees
and the names of Council members who made the nomination. Each applicant receiving
two or more votes will continue in the interview process.
(3) Set a time certain on the September 26, 2006 Council Agenda to interview candidates
receiving two or more votes, or select an altemate date for these Council interviews.
BOARDS/COMMISSIONS RECOMMENDATION: N/ A
DISCUSSION:
At its August 8, 2006 meeting, the City Council accepted Port Commissioner Bill Hall's
resignation, and approved the attached appointment process for selecting a new Port
Commissioner. The new Port Commissioner will serve for the balance of the current term,
which expires on January 2, 2007, and will be eligible to apply for a full term at that time.
The application period was open for ten days, from August 9, 2006 through 3 p.m. on Friday,
August 18. It was then extended on August 22 for an additional ten days to September I.
Applicants were asked to complete an application form, submit a resume, and complete a Form
700 (financial disclosure statement). The City Clerk provided to the Council a list of the eleven
applicants and copies of their applications. Councilmembers will be asked to submit to the City
Clerk in writing the names of the candidates they wish to nominate when this item comes up on
the agenda at the September 19 Council meeting.
19-1
The City Clerk will then announce the nominees and the names of Councilmembers who made
the nomination. Each applicant receiving two or more votes will continue in the interview
process.
It is recommended that Council then set a time certain on the September 26, 2006 Council
Agenda to interview the candidates receiving two or more votes, or select an alternate date for
these Council interviews. The next meeting of the Port Commission is October 10, and I
recommend Council try to appoint a commissioner prior to that meeting in order for our new
commissioner to be oriented prior to the October 10 Port Commission meeting.
DECISION MAKER CONFLICTS: Not Applicable
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific, and consequently the 500 foot rule found in California Code of Regulations section
18704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT: None.
Attachment: Appointment Process for Port Commissioner as of 8/8/06
19-2
APPOINTMENT PROCESS FOR PORT COMMISSIONER
As of 8/8/06
(Application Period Later Extended)
1. Council accepts Port Commissioner's resignation (8/8/06).
2. City Clerk accepts applications from residents of Chula Vista for 10 days,
from 8/9/06 throuah 3pm on Friday, 8/18/06, with staff publicizing the
application process.
3. Applicants should fill out an application form (attached), submit a resume, and
complete a version of the Port District's Form 700 (financial disclosure
statement).
4. City Clerk to compile an alphabetical list of the applicants and their
applications by 5pm on Friday, 8/18/06, and submit it to the Council.
5. At the Council meeting on Tuesday, 8/22/06, each Councilmember will submit
to the City Clerk in writing the names of the candidates they wish to nominate.
The City Clerk shall announce the nominees and the names of
Councilmembers who made the nomination. Each applicant receiving two or
more votes will continue in the process.
6. The Council will hold a special Council meeting on 8/29/06 or another date
selected by Council on 8/22/06, to continue the interview process. Those
applicants who received two or more votes will be further interviewed by the
Council, and a review of potential conflicts of interest conducted.
7. The Council will then vote in public until a candidate receives at least three
votes.
Attachment
19-3
COUNCIL AGENDA STATEMENT
Item c9D
Meeting Date 09/19/06
ITEM TITLE:
Status Report on the Major Intersection Safety Program allowing
the City Council to provide policy direction regarding the potentia!
use of red light camera enforcement in the city.
Acting Director of Engineering fl"'{l., 1" 1..-17-
Chief of Police'))\l.i.l;
r~ift~
Interim City Manager (j I (4/S'hS Vote: Yes _ No..x.J
In 2005, the Neighborhood Traffic & Pedestrian Safety Program was created in order to
focus on neighborhood traffic calming, major intersection safety and pedestrian and
bicyclist safety. The importance of this effort was underscored by the results of the 2005
Chula Vista Police Department Resident Opinion Survey, which indicated that four of the
five top areas of concern for our residents were traffic related. This item provides a
status update on program efforts in this area and provides the opportunity for the City
Council to have a policy discussion regarding the potentia! use of red light camera
enforcement in our city.
SUBMITTED BY:
REVIEWED BY:
RECOMMENDATION: That Council accepts the report and direct staff to proceed
with further investigation of the potential to utilize red light camera enforcement in the
city.
BOARDS/COMMISSIONS RECOMMENDATION: The (Traffic) Safety
Commission has received presentations on the Neighborhood Traffic and Pedestrian
Safety Program, as well as the Major Intersection Safety effort and provided many
suggestions and indicated general support.
The Public Safety Sub-Committee received a presentation regarding Major Intersection
Safety at its June 28, 2006 meeting. The Sub-Committee provided additional ideas and
suggestions and indicated general support.
DISCUSSION:
Beginning in Fiscal Year 2006, the Engineering Department began development of a
forma! Neighborhood Traffic and Pedestrian Safety Program (NT&PSP) with the
intention of updating our City's approach to problem solving in three areas of focus:
Neighborhood Traffic Calming, Major Intersection Safety, and Pedestrian and Bicyclist
Safety. The approach to problem solving incorporates the "Three E's"--Engineering,
Enforcement and Education.
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Page 2, Item dO
Meeting Date 09119/06
During calendar year 2004 (the most recent year for which data is available), Chula Vista
had a total of 1,650 vehicle collisions! resulting in five fatalities; 67 involved pedestrians
and 40 involved bicyclists.
NT&PSP goals include:
. Reduction of the number of collisions within intersections
. Reduction of the number of accidents involving pedestrians and bicyclists
. Improvement of pedestrian safety and vehicular circulation adjacent to schools
The importance of this effort has been underscored by the results of the recent resident
opinion survey done by the Chula Vista Police Department showing that top conccrns for
our residents includc spceding vehicles, aggressive driving, vehicles running red lights
and traffic accidents.
This report focuses on thc Major Intersection Safety component of the work completed to
date and is intended to provide an update on current status, next steps and to respond to a
Council Referral (April 11,2006) regarding red light cameras. Although the tendency is
to want to begin this effort with a discussion of red light cameras, it is critically important
to fully analyze each intersection for potential engineering and/or enforcement
enhancements with red light cameras being considered only as one of the enforcement
tools available for consideration, if authorized by Council.
MAJOR INTERSECTION SAFETY
Background
According to the Office of Traffic Safety, Federal Highway Administration (FHW A),
more than 2.8 million intersection-relatcd crashes occurred in thc year 2000, rcprescnting
44 percent of all reported crashes. Approximately 8,500 fatalities (23% of the total
fatalities) and almost 1 million injury crashes (morc than 48% of all injury crashcs)
occurred at or within an intersection environment. Intersection safety is one of the
emphasis areas in the American Association of State Highway and Transportation
Officials Strategic Safety Plan, as well as the Safety Action Plan developed by the
Institute of Transportation Engineers.
Driving near and within intersections is one of the most complex conditions drivers
encounter. The crossing and turning maneuvers that occur at intersections create
numerous opportunities for vehicle-v chicle, vehiclc-pcdcstrian, and vehicle-bicycle
conflicts, explaining thc high conccntration of traffic crashes, injurics and deaths
occurring at interscctions.
1 Due to a change in our approach to data collection to support the new program, this number includes 183
incidents that would not have required a report in the past.
.,.20 -..2..
Page 3, Item ,;)-0
Meeting Date 09/19/06
Evaluation Approach
Although Chula Vista's approximately 250 signalized intersections meet all engineering
standards and requirements, this program began with the intention ofreviewing the City's
top 20 intersections given the latest in state-of-the-art research and tools for enhancement
of intersection safety.
Intersections were selected for further evaluation after consideration of traffic volumes,
total collisions, accident rates, frequency of injury and, given program goals, collisions
involving pedestrians, bicyclists and fatalities. The data review encompassed a three-
year time period (October 2002 through September 2005) to allow like comparison to
statewide accident rates, which are caleulated in this manner. Also taken into
consideration was community input (further discussed in the "Red Light Running"
section below).
Intersection site visits are being conducted and enhancement recommendations will be
developed based on the following objectives:
. Reduce frequency and severity of intersection conflicts through traffic control and
operational improvements including ensuring appropriate number of signal heads;
high visibility of signal heads; appropriate all-red and yellow intcrvals; potential
use of advance warning signs and advance yellow flashing lights; setting of
appropriate approach speed; optimal traffic signal coordination; modifying signal
phasing; providing pavement markings; and revising and/or restricting turn
movcments.
. Maximize sight distance at signalized intersections by ensuring clear sight lincs in
each quadrant of an intersection.
. Improve driver awarcness of intersections and signal control by optimized
signing, delineation, lighting and, potentially, pavement textures.
. Improve driver compliance with traffic control devices through public education
and enforcement to reduce traffic law violations. Automated enforcement (red
light cameras) of traffic signals is an increasingly common approach to improving
driver compliance with safety traffic laws. At certain intersection approaches,
implemcnting speed-reduction measures may provide an approaching driver with
additional time to make safer intersection-related decisions.
For reasons outlined in the "Red Light Running" section below, the engineering
evaluation also specifically includes a review of all factors identified as important to
reducing red light running as provided by the FHW A, the National Highway Traffic
Safety Administration and the Institute of Transportation Engineers.
These evaluation areas are included as a result of a FHW A study that showed the
following causes for red light running reported in a review of 139 crashcs where traffic-
signal violation was established as a contributing factor:
...((}-3
Page 4, Item dO
Meeting Date 09/19/06
;y 40% did not see the signal;
;y 25% tried to beat the yellow light;
;y 12% thought they had a green light;
;y 8% intentionally violated the signal;
;y 6% were unable to bring their vehicle to a stop
;y 4% followed another vehicle into the intersection and did not
look at the signal indication;
;y 3 % were confused by another signal at the intersection;
;y 2% were varied in their cause.
Our evaluation and development of recommendations for the top Chula Vista
intersections also includes a review of collision reports to learn more about accident
victims and witness perspectives regarding factors contributing to accidents.
Red Light Running
A comprehensive literature review and best-in-class survey conducted during program
development led to special attention on what is considered to be the primary cause of
crashes at signalized intersections-red light running.
The FHWA's 2002 figures indicate a national incidence of 218,000 red light running
crashes resulting in 181,000 injuries, 880 fatalities and an economic loss of $14 billion.
The FHW A states that red light running is on the rise with other aggressive driving
behaviors, which is of particular interest to us given the resident survey data2 ranking
aggressive driving as the second top resident concern behind speeding vehicles.
In order to further our understanding of resident concerns in this area, an additional
survey was distributed in both English and Spanish via email to over 500 residents. A
22% response rate was achieved with the following results:
. 86% are concerned about red light running
· 51 % witness red light running several times a week
· 82 intersections were identified as areas of concern
· 30 of those intersections were mentioned by more than one respondent
Enforcement
Each intersection evaluation also includes consideration of enforcement as an
intervention where engineering enhancements are not warranted or until engineering
measures can be installed. Enforcement activities used to treat safety problems can be
categorized as one of two types: officer and camera.
.officer Enforcement: This enforcement method is frequently requested and is generally
regarded as successful in reducing violations but is labor-intensive. Officer enforcement
2 2005 Chula Vista Police Department Resident Opinion Survey conducted by SANDAG
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:)0
Page 5, Item_
Meeting Date 09/19/06
is typically done by a single officer taking an inconspicuous position at an intersection
where the signal can clearly be seen. After observing a violation it is necessary to follow
the violator through the intersection in order to stop and cite the driver.
A safer alternative requiring a higher staff commitment, involves the use of separate
observer and pursuit officers. The first officer witnesses the violation and then radios the
information to the second officer who is commonly located downstream of the signal and
will stop the driver and issue the citation.
Enforcement lights are an alternative to team enforcement. An enforcement light is
attached to the signal head and is wired directly to the corresponding red light. These
lights are illuminated while the traffic signal indication is red. They allow a single officer
stationed downstream of the signal to observe vehicles entering the intersection and note
whether the signal indication is red. Enforcement lights eliminate the need for team
enforcement and, therefore, have a lower operating cost. More importantly, they increase
the safety of single officer enforcement. Our intersection evaluations include
consideration of this tool as an enforcement option.
Research done by the Texas Transportation Institute in cooperation with the FHWA and
Texas Department of Transportation indicates that officer enforcement strategies vary in
effectiveness depending on whether the approach is overt (officer and vehicle visible) or
covert. Visible officers are likely to have a more significant impact on violation
frequency than hidden officers. However, the effectiveness of the enforcement
diminishes rapidly once the officer leaves the intersection with violation rates returning to
pre-enforcement levels within a day or so after. The more successful officer enforcement
efforts are likely those that are implemented on an area-wide basis with innovative
enforcement strategies (e.g., visible officer presence and random location selection) and
include a public awareness campaign.
Since Chula Vista has over 250 signalized intersections each with multiple approaches,
sworn officers can monitor compliance at only a few intersections for only a few hours at
a time.
In light of the data discussed above and best practices in place in other cities (both in the
United States and in the United Kingdom), new strategies are being developed for testing
in our City. These include the implementation of a more systematic approach to officer
enforcement at the top priority intersections using high visibility tactics and advance
warning strategies.
Camera Enforcement: Red light cameras have been deployed with the greatest success
where they have been implemented as one element of an overall traffic safety
management program. Red light cameras should not be viewed as the sole solution to red
light running. There is no one remedy for the traffic safety enhancements or the
reduction in collisions at signalized intersections but rather a toolbox of measures all of
which have a role to play.
20-5
Page 6, Item dO
Meeting Date 09/19/06
The most comprehensive study to date regarding the impact of red light cameras on
serious crashes (U.S. Department of Transportation, 2005) included seven jurisdictions
and 132 intersections using red light cameras. Findings included the following:
. 25% decrease of total right-angle crashes
. 16% decrease of injury right-angle crashes
. 15% increase of rear-end crashes
. 24% increase of injury rear-end crashes
It is important to note that right-angle crashes are more likely to result in more
significant injuries than rear-end collisions. The Federal Highway Administration
supports the trade off in accident types noting that the severity of rear-end crashes and
type of injuries typically sustained in rear-end crashes are usually much less than
damages experienced in right-angle crashes.
Cities using red light cameras have also begun to report reductions to collisions citywide
along with reductions just at enforced intersections suggesting a potential "halo effect" of
positive benefit. While cities using red light cameras are required to post "Photo
Enforcement" signs at red light camera intersections, they are also permitted to post the
signs at entrance points to the city, as well as at unenforced intersections. Ventura,
California indicates a 29% collision reduction citywide and an 80% reduction at enforced
intersections. Data from Escondido, California shows a 40% collision reduction citywide
and a 40% reduction at enforced intersections.
The emailed resident survey discussed above also included questions regarding the
potential implementation of red light cameras in Chula Vista. Responses indicate the
following:
· 65% support implementation ofred light cameras
· That number increases to 72% when respondents learn about the potential
reduction in right-angle crashes
. 15% needed more information before making a decision
. 13% opposed the use of red light cameras
Red Light Camera Installation in Chula Vista
In reviewing the City's top 20 intersections, the study list initially showed 18
intersections to be potential candidates for the red light camera installation. However,
recommendations for eight of the 18 intersections indicated implementation of protected
turn lanes occur before further consideration of red light cameras. Therefore, at this time,
ten intersections are recommended for further red light camera evaluation in this first
phase of program implementation (see Attachment 1). Of those ten, should Council
support continuing with red light camera evaluation, it is anticipated that five to ten
locations will be recommended for installation of cameras in Phase One of a red light
camera program.
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Page 7, Item dO
Meeting Date 09/19/06
Should Council direct proceeding with evaluation of red light camera enforcement; a
Request for Proposals (RFP) will be issued before the end of the calendar year. The RFP
will model the most successful and comprehensive points incorporated in other
jurisdictions and ensure that all issues raised by the State Auditor's evaluation (discussed
in more detail below) are addressed. Of significant importance is the requirement for the
vendor to set up test cameras at the potential Phase One locations to collect actual data
regarding traffic safety and vehicle violations before a final determination for red light
camera installation is made. Recommendations for installation of actual cameras would
be brought back to Council in coordination with the FY 2008 and 2009 budget process.
Future recommendations for additional red light cameras, if any, would consider the
results of the first phase.
Red Light Camera Considerations
In order to better protect public agencies from litigation, significant legislative changes
were put into place in 2002. These included:
. Program must be managed by the public agency (not by a vendor)
. Vendors paid based on a fixed monthly fee (not per ticket)
. Increased technical requirements for Red Light Camera and traffic signal
operation
In spite of those changes and requirements as identified in the California Vehicle Code,
significant due diligence is required to ensure implementation of a comprehensive and
fair program. Areas requiring special attention are summarized below.
Operational Weaknesses: In 2002, the California State Auditor issued an audit report
concerning the implementation, application and efficacy of red light camera programs
statewide done at the request of the Joint Legislative Audit Committee. The report
concluded that red light cameras have contributed to a reduction of accidents (3% to 21 %
in six of the seven study cities); however, significant operational weaknesses were
identified in the programs studied.
The report recommended that local governments take several actions to ensure that they
comply with state law for using red light cameras, maintain control over their programs,
and minimize the risk for legal challenges. Recommended actions included conducting
more rigorous oversight of vendors, establishing shorter periods for destroying c.ertain
confidential information, developing added controls to ensure that vendors only mail
authorized and approved citations, and periodically inspecting red light camera
intersections. Before installing red light cameras, local governments were encouraged to
consider whether engineering measures would improve traffic safety and be more
effective in addressing red light violations. Finally, to avoid overlooking dangerous
intersections. that are state owned, local governments should diligently pursue the
required state approvals through Caltrans, despite any resulting delays to installing their
cameras.
20-7
Page 8, Item dO
Meeting Date 09/19/06
All information regarding rigorous program administration is being thoroughly reviewed
by staff to develop policies, procedures and business rules for management of a potential
red light camera program.
Legal Considerations: There are significant legal requirements that must be met with
implementation of red light cameras and the issuance of citations for violations. There
are also legal considerations in light of previous legal challenges. This dimension
includes questions such as whether photographs can be used for purposes other than to
prosecute red light violations (e.g., carjacking with a homicide, hit-and-run accident,
armed robbery, etc.) These areas are also being thoroughly reviewed by the City
Attorney's Office and staff to ensure compliance and comprehensive inclusion in
policies, procedures and business rules.
Court System: There have been varied reports regarding the success of red light camera
programs in relation to the court systems within different jurisdictions. The next phase of
staff work includes continuing our dialogue with the EI Cajon Police Department and the
East County Court to understand their success to date and inviting our South Bay Court
into the process to do all that we can to ensure success with this aspect of the program.
Revenue and Cost Considerations: The State Auditor's Report was based on a review of
seven cities and supported survey data we gathered from 16 cities indicating that most
programs were breaking even at best with some having to budget funds for program
support.
A preliminary review of best practices and program audits indicates that additional
staffing and funds may be required to meet the engineering and police requirements, as
well as construction inspection and legal support. Should the Council direct proceeding
with implementation of a red light camera program; a full program recommendation
addressing this issue will be brought forward with the FY 2008 and 2009 budget.
Public Outreach and Education
A more comprehensive public outreach and education campaign is being launched in
conjunction with this action. Public education campaigns trying to address driver
behavior face special challenges. Surveys from across the nation show high percentages
of drivers having significant concerns in common areas (e.g., red light running, speeding,
driver inattention/cell phone use, eating while driving, etc.); and high percentages
indicate a desire for stiff penalties to curb these behaviors, but high percentages also
indicate that they themselves regularly engage in those troubling behaviors.
The outreach plan includes development and distribution of a public information
brochure (see Attachment 2); awareness banners posted at major city gateways and close
to shopping malls (see Attachment 3); collaboration with local schools to distribute
information and display marquee messages; launching of an updated web page; coverage
in the City's Spotlight publication, Communique and e-Brief; and enforcement sweeps
incorporating the advance warning and high visibility tactics mentioned above; and press
20-8
Page 9, Item d ()
Meeting Date 09/19/06
releases. The campaign also includes new traffic safety messages to be released quarterly
during the upcoming year again utilizing the communication vehicles mentioned above.
DECISION MAKER CONFLICTS: Staff has reviewed the property holdings of the
City Council and has found no property holdings within 500' of the boundaries of the
property which is the subj ect of this action.
FISCAL IMPACT: To date, staff work has been absorbed within existing budgeted
funds with public outreach materials funded through the NT &PSP Capital Improvement
Project. However, it is anticipated that eventual program implementation
recommendations will identify the need for additional staffing, staff time reimbursement
and educational outreach funds. Amounts will be dependent on the final
recommendations related to the NT &PSP. Staff anticipates that these recommendations
will be done in conjunction with the FY 2008 and 2009 budget process.
Attachments: Attachment I - Major Intersection Safety
Recommended Red Light Camera Locations
Attachment 2 - Stop on Red Public Education Brochure
Attachment 3 - Stop on Red Banner
J:\Engineer\AGENDA \CAS2006\09~ 19-06\Status Report. Stop On Red.doc
20-9
A TT ACHMENT # 1
Major Intersection Safety
Recommended Red Light Camera Locations
Intersection
1 Broadway & Palomar Street
2 Palomar Street & Industrial Boulevard
3 Third Avenue & "H" Street
4 East "H" Street & Del Rey Boulevard
5 East "H" Street & Paseo Del Rey
6 East "H" Street & Otay Lakes Road
7 Telegraph Canyon Road!Otay Lakes Road!
La Media Road
8 Otay Lakes Road & Eastlake Parkway
9 Telegraph Canyon RoadlHeritage Road!
Paseo Ranchero
10 Olympic Parkway & La Media Road
20-10
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20-12
COUNCIL AGENDA STATEMENT
Item 2.B
Meeting Date 8/22/06
ITEM TITLE:
Resolution Approving the Park Master Plan for the 7.6 acre
public neighborhood park site in the Otay Ranch Village 7 subdivision
and approving the name ofthe park to be All Seasons Park
Director of General Services ~ ~~
Director of Public Works Operation
Director of Recreation
City Managerf (4/Sths Vote: Yes _No.x..)
SUBMITTED BY:
REVIEWED BY:
The proposed park is located south of Birch Road, west of SR-125, east of La Media Road and
within the Otay Ranch Village Seven Subdivision. The park site shares boundaries with an
elementary school site, Wolf Canyon Open Space, Magdalena Avenue and Wolf Canyon Loop.
The Village Greenway Trail, running along the northern boundary of the park site, links the park
to the future Eastern Urban Center to the east and the future Otay Ranch Community Park to the
west as well as the City's Greenbelt Trail system.
RECOMMENDATION: That Council approve resolution.
BOARDS/COMMISSION: The Parks & Recreation Commission approved the master plan for
the Village 7 Neighborhood Park at their meeting of July 20,2006 and also made the
recommendation to Council that the name of the park be "All Seasons Park."
DISCUSSION:
Park Development
In October 2004, City Council approved the Sectional Planning Area (SPA) for Village Seven in
Otay Ranch. The Village Seven master planned subdivision consisted of a predominantly
residential environment with 1,204 dwelling units, including: two Community Purpose Facility
sites (CPF) , two school sites, a commercial site and a 7.6-acre neighborhood park. The park
acreage obligation is determined by the number and type of approved dwelling units, in
accordance with Chapter 17.10 Parklands and Public Facilities of the City of Chula Vista
Municipal Code.
The SPA Plan Village Park and Recreation Program indicates that, to the extent practical, parks
shall be located near school sites to increase the potential for shared use of facilities.
In addition to the typical park features such as lawns, picnic shelters, picnic tables and park
walkways, the SPA Plan also identified the park site as potentially including the following:
restrooms, a tennis court, a multi-purpose field, two basketball courts, two childrens' play areas,
a skateboard practice area and parking.
ii-I
Item -zg
Meeting Date 8/22/06
The park site, as irrevocably offered for dedication, complies with the criteria for selecting and
accepting parkland for use as a neighborhood park as listed in the City of Chula Vista Parks &
Recreation Master Plan (November 12, 2002).
The program was then further refined with technical input from City staff, including members
from the departments of General Services, Recreation, and Public Works Operations, Planning,
Fire, and Police. Staff took into account physical site characteristics, as well as cost projections
for the improvements in developing the master plan.
Design Philosophv
This neighborhood park is in close proximity to the future Otay Ranch Community Park site, a
distance of approximately % mile along the Village Greenway. Given the proposed active,
athletic characteristic of the future Otay Ranch Community Park, staff has made a conscious
decision to design a neighborhood park for local use that is somewhat more passive in nature.
Organized league and athletic activities are not intended to be programmed at this park.
Certain landscape themes will be apparent in the construction detailing such as the use of mostly,
if not all, deciduous tree species so that the appearance of the park will dramatically change
throughout the year with each season. Tree species selected will be those that provide vibrant
fall color, display interesting branching structures during the winter, a profusion of flower
blossoms in the spring and a canopy of shade during the summer months.
There will also be an emphasis on recycling; using reclaimed material where possible for
construction. The park will also include a demonstration compo sting area where on-site green
waste can be composted and reintroduced as fertilizer and mulch for park plantings.
The intention is to create the seasonal aspects and the demonstration compost garden as
educational resources for park users.
Since the park site is adjacent to the Wolf Canyon open space in the core of the village, the
design seeks to complement this open space giving the combined appearance of a green corridor
through the center of the village. In addition to the east/west Village Greenway, there will be
trail links to the residential neighborhoods north of Wolf Canyon from the park as well as a link
to the elementary school south of the park.
The point where all the trails intersect is the proposed location for a 'Heritage Tree'. A single
tree that is a focal point and eventually grows into a large specimen and becomes a local
landmark.
Park Activities Program
The proposed Park Master Plan for the 7.6-acre site includes the following program elements:
. Basketball Court (1) - Lighted, standard size court (differs from the potential program
identified in the SPA).
~I
76-2-
Item 2"5
Meeting Date 8/22/06
. Children's Play Areas (2) - The play areas will have equipment suitable for children of
varying age groups. One area will be designed for the youngest age group of children, ages
2-5 and the second play area will target children ages 5 to 12. The equipment selected will
include items that suggest a 'rustic' environment including things like climbing boulders and
climbing nets.
. Circulation - The park site will include a paved pathway looping the entire park site to
accommodate pedestrian and joggers. The walkways will tie into the Village Greenway trail
on the north side of the park making the park accessible to the rest of the City trail network.
Security lighting will be provided along park walks.
. Restroom - Centrally located and within easy reach of the tot lot and picnic structures.
. Topography - The park comprises two level pads connected by a gently sloping 5:1 grass
area which will provide an informal view area without impeding accessibility.
. Low-maintenanceffirought Tolerant Landscape Design - Where possible, low-
maintenance and low water use plantings will be specified. Some of these areas will reflect
the planting palette of the adjacent Wolf Canyon open space and emphasize California native
plants. A separate demonstration garden, adj acent to the composting area, will also be
created to provide landscape ideas for homeowners. This demonstration garden may also
include raised planters enabling wheelchair users to better experience the garden.
. One (1) Field - One multi-purpose field is proposed (150 feet by 300 feet), located on the
upper mesa. (The dimensions correspond to those of a minimum sized FIF A standard soccer
field. )
. Provisions for a Possible Future Skate Area - An area will be set aside for the potential
addition of a small skate area.
. Parking - 28 on-site spaces including parking for the disabled. On-site parking is to be gated
to restrict vehicle access after 10:00 p.m.
. Picnic Areas Group-Use (2) - Two (2) shelters/shade structures with varying quantities of
tables will be located in the park. The picnic shelters are within easy access from parking
areas to facilitate loading and unloading.
. Picnic Facilities Individual-Use - Individual areas with picnic tables located throughout the
park. The precise number of these has yet to be determined.
. Benches - Benches will be located throughout the park to encourage users to stop, relax and
enjoy the change in seasons.
. Storage - Park operations storage will be provided in the restroom building.
The proposed park plan is compliant with the Americans with Disability Act (ADA).
Lighting
The walkways and parking lot will be provided with security lighting for public safety. The
basketball court will also be lighted to a level of 30-foot candles. Ambient light levels at the park
boundary are to be at or below 0.5-foot candles.
Fire and Police
Fire and Police staff have reviewed the plan, and provided input to insure that issues regarding
public health and safety have been addressed.
eJ/
ff;I-3
Item 2Z'
Meeting Date 8/22/06
Park Name
The name recommended by the Parks and Recreation Commission is: All Seasons Park - To
reflect the park's theme of creating a unique place in the city, where citizens can experience
seasonal changes throughout the year through the planting of deciduous trees throughout the
park.
Environmental Status
The Environmental Review Coordinator has reviewed the proposed project for compliance with
the California Environmental Quality Act (CEQA) and has determined that the proposed project
was adequately covered in the previously adopted Village Seven Sectional Planning Area Plan
and Tentative Maps Final Environmental hnpact Report (EIR #04-06). Thus, no further
environmental review or documentation is necessary.
Decision Maker Conflicts
Staff has reviewed the property holdings of the City Council and has found no such holdings
within 500 feet of the property which is the subject ofthis action.
FISCAL IMPACT:
The Park cost of $2,450,000.00 is to be funded by the City's Parkland Acquisition and
Development Ordinance. Both developers are contributing to park development in relationship to
the number of dwelling units for their respective portions of the subdivision project. McMillin
Land Development is providing the land and park development dollars for the neighborhood
park as part of their park obligation. The Otay Ranch Company will be providing land and park
development dollars towards the Otay Ranch Community Park in satisfaction of their park
obligations.
Staff has performed a preliminary estimate of probable cost for park construction and the initial
establishment/maintenance period. This estimate will be further refmed as the Park Master Plan
evolves into construction drawings, and as actual park construction commences. However, staff
is of the opinion that the estimate is an adequate representation of anticipated costs for the
improvements proposed. hnplementation of the park construction will be through a General
Services design build contract.
After the park is accepted for use by the City, future park maintenance costs for the public park
will be paid through the City's General Fund and is estimated at $81,320 per year.
Attachments: 1. Park Master Plan
M:\General Services\GS Administration\Council Agenda\All Seasons Park\V7 Neigh Park Council Agenda Statement.doc
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Landscape Concept
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Southern California is often thought of as a place where it is an 'endless Summer'; a place
where there is only one season. Chula Vista, certainly, is no exception. The primary concept
of this park is to create a place where people can go to experience the change in seasDns.
ThiIi park will utilize mostly, if not all, deciduous trees as a way to celebrate.seasonal
change. Species will be selected which provide a dramatic display of fall color, interesting
branching structures during the winter months, a profusion of flower blossoms in the
spring and an abundance of shade in summer, hl'nce the name, All Se<lsons Park.
Open Lawn Area
(accommodatl'S a lSO'x300' field)
Neighborhood R5
CalifomiaNatives
Demonstration Garden on slope
Picnic Area wj Overlook to
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Enhanced Paving at
Pedestrian Enl.ries,
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Lighted Basketball Court
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Plaza wj Picnic/Game
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Entry Monument
All Seasons Park Master Plan
Otay Ranch Village 7 - Neighborhood Park
July25,2006
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE PARK MASTER PLAN
FOR THE 7.6 ACRE PUBLIC NEIGHBORHOOD PARK SITE
IN THE OTA Y RANCH VILLAGE 7 SUBDIVISION AND
APPROVING THE NAME OF THE PARK TO BE ALL
SEASONS PARK
WHEREAS, in October 2004, City Council approved the Sectional Planning Area (SPA)
for Village Seven in Otay Ranch. The Village Seven master planned subdivision consisted of a
predominantly residential environment with 1,204 dwelling units, including: two Community
Purpose Facility sites (CPF), two school sites, a commercial site and a 7.6-acre neighborhood
park. The park acreage obligation is determined by the number and type of approved dwelling
units, in accordance with Chapter 17.10 Parklands and Public Facilities of the City of Chula
Vista Municipal Code; and
WHEREAS, the park site, as irrevocably offered for dedication, complies with the
criteria for selecting and accepting parkland for use as a neighborhood park as listed in the City
of Chula Vista Parks & Recreation Master Plan (November 12,2002); and
WHEREAS, the program was then further refmed with technical input from City staff,
including members from the departments of General Services, Recreation, and Public Works
Operations, Planning, Fire, and Police.
WHEREAS, the Environmental Review Coordinator has reviewed the proposed project
for compliance with the California Environmental Quality Act (CEQA) and has determined that
the proposed project was adequately covered in the previously adopted Village Seven Sectional
Planning Area Plan and Tentative Maps Final Environmental Impact Report (EIR #04-06).
Thus, no further environmental review or documentation is necessary; and.
WHEREAS, the name recommended by the Parks and Recreation Commission is "All
Seasons Park" to reflect the park's theme of creating a unique place in the city, where citizens
can experience seasonal changes throughout the year through the planting of deciduous trees
throughout the park.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the Park Master Plan for the 7.6 acre public neighborhood park site in
the Otay Ranch Village 7 Subdivision and the recommendation of the Parks and Recreation
Commission for the name of the park" All Seasons Park" .
Presented by
Approved as to form by
~ AJ'(fAu-v
oore
C' Attorney
Jack Griffin
Director of General Services
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aJY OF
CHUIA VISTA
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
CITY COUNCIL MEETING
AGENDA STATEMENT
Item: JJ-
Meeting Date: SEPTEMBER 19, 2006
RESOLUTION OF THE CHULA VISTA CITY COUNCIL
APPROVING A 3 YEAR GRANT AGREEMENT WITH SAN DIEGO
GAS & ELECTRIC (SDG&E) TO PROVIDE ENERGY EFFICIENCY
SERVICES FOR CITY, COMMERCIAL AND RESIDENTIAL
FACILITIES THROUGH DECEMBER 31,2008, AUTHORIZING THE
CITY MANAGER TO EXECUTE ALL DOCUMENTS IN
CONJUNCTION WITH IMPLEMENTING THE AGREEMENT AND
APPROPRIATING $376,700 IN GRANT FUNDS TO THE SDG&E
ENERGY PARTNERSHIP PROGRAM FUND
~f"'I:-
Director of C07tion & Environmental Services .YZ'" fAJ'1f'.-
City Manager d I (4/5ths Vote: Yes.lL No _)
Chula Vista is a leader in fostering partnerships that enable the City staff to implement
energy efficiency programs, The proposed Grant challenges the City to provide
education/outreach and marketing support to reduce the amount of kilowatts (electricity)
and therms (gas) consumed by a targeted group of energy customers that are either not
fully participating or not eligible for existing programs. The Grant also provides funding
for some additional cost reductions for the private sector and City facilities to encourage
their increased participation. The Grant would provide $2,193,225 through
December 31, 2008, ($731,075 per calendar vear). The grant allows for full cost
recovery of personnel, supplies and services for participating Departments:
Conservation & Environmental Services $376,700, and General Services; $354,375.
The General Services funding is an investment in our City infrastructure. These funds
will be used to retrofit and upgrade existing City facilities including recreation centers
and ball fields with energy efficient equipment that will produce long-term energy
savings. The program will also expand the energy conservation and management
expertise within the General Services Department that will allow them to continue the
savings beyond the grant term. General Services will return to Council within the next
30 days to request an appropriation and present a plan detailing how their annual funds
($354,375) would be used to implement energy savings projects for City facilities.
Conservation will be administering the three (3) year grant on behalf of the City and will
return to the City Council to appropriate the additional funds for the 2007 and 2008
calendar year grant cycles.
RECOMMENDATION: That the City Council adopt the resolution approving a three
year grant agreement with SDG&E to provide energy efficiency services, authorizing the
City Manager to execute all documents in conjunction with implementing the agreement,
and appropriating $249,530.70 to Supplies and Services and $127,169.30 to Personnel
Services (for hourly positions) of the SDG&E Energy Partnership Program Fund.
22-1
Page: 2 of 5
Meeting Date: September 19, 2006
BOARDS/COMMISSIONS RECOMMENDATION: Based on the original time
constraints, staff presented the item to the Resource Conservation Commission as an
information item and can report on the Commission's supportive response at Council's
request.
BACKGROUND:
Public Goods Charges are collected from a monthly utility bill surcharge of
approximately $0,05 per gas therm and $0,006 per electric kilowatt consumed by every
customer in the SDG&E service territory, The Public Goods Charges are used to
Implement Public Purpose Programs, including but not limited to residential and
commercial energy efficiency and conservation programs, The October 2004
Memorandum of Understanding between SDG&E and the City provides that SDG&E
involve the City more directly in the development and delivery of up to $2,000,000 in
Public Purpose Programs funded by Public Goods Charges to ensure that Chula Vista
.residents and businesses have access to their fair share of Public Goods Programs,
and that future programs meet their needs,
Both agencies have worked with the California Public Utilities Commission (CPUC) to
directly involve the City in more effectively delivering energy efficiency, conservation,
demand management and alternative energy programs to Chula Vista residents,
businesses and City facilities, SDG&E has submitted a program model to the CPUC
that allows the City to expand its participation in energy efficiency services for targeted
residential, mixed use and small commercial energy consumers as well as City facilities,
The Grant proposal submitted by SDG&E and approved by the CPUC establishes four
program areas of responsibility:
1. Energy Efficiency Housing Project (small businesses to be added)
2, City Facilities Energy Efficiency and Demonstration Project
3, Peer-to-Peer Energy Education Project
4. Public Outreach Project
1. Small Business. Housinq and Mixed Use Enerqv Efficiency Proiect
Conservation & Environmental Services Department (Conservation) will receive up to
$290,000 in funds each calendar year through 2008 to implement this component of the
program. SDG&E submitted this component to the CPUC as a condominium
conversion program, Chula Vista staff, SDG&E and other stakeholders have agreed to
obtain CPUC approval to establish a new focus on direct residential and small business
services. This program component of goals is tasked with implementing programs that
reduce energy consumption by approximately 3,8 million kilowatt hours by 2008.
Conservation Staff will continue to work closely with Planning, Community Development
and other department staff throughout the City to coordinate the design and
implementation process of this component to ensure that it complements the City's
environmental goals and takes full advantage of the City's ability to market and provide
22-2
Page: 3 of 5
Meeting Date: September 19. 2006
services that bring added value to residential and commercial electricity ratepayers.
The majority of the $290,000 in funding for this component of the program is dedicated
to funding for incentive payments and services to buy down the cost of direct assistance
to residential and small commercial facilities. The incentive funds may be used for
equipment and infrastructure that produce substantial kilowatt savings that are not
already funded by CPUC/SDG&E programs, and for support services that reduce
kilowatts. The proposed Grant also provides up to $88,508 per calendar year for hourly
personnel to facilitate greater participation in targeted residential and small business
energy efficiency programs. The personnel for this component would be temporary and
are not planned to continue beyond the term of this grant or future grant cycles.
Together these funds can be used to complement but not duplicate a number of
valuable CPUC/SDG&E funded incentives that will produce net monthly savings for a
number of targeted commercial and residential facilities in a very short period of time.
The success of this component is critical to the success of the entire grant and future
CPUC funding for Chula Vista. With adequate resources, Staff's success will make a
strong statement to the CPUC that Chula Vista continues to be a performance and
policy leader in the region, and that the City is the key to bringing substantial added
value to local ratepayers and SDG&E/CPUC Public Purpose Programs. That level of
success for this component will almost guarantee that there is some level of local
control to ensure that Chula Vista businesses, residents and City facilities receive their
fair share of these valuable incentives and services in the future.
2. Citv Facilities Enerqv Efficiencv Proiect
General Services will receive up to $354,375 in funds each calendar year through 2008
to implement their component of the program. This grant component provides funding
to fill some of the gap between current program incentives and City costs for developing
and implementing energy efficiency projects for City facilities that will help to reduce City
energy costs. Energy staff will also work to develop, implement and train City personnel
about best management practices (BMP's) that improve City employee energy
conservation policies and procedures.
Chula Vista has over 100 City-owned buildings or facilities that consume electricity and
natural gas. The City has approximately 550 electricity and natural gas meters and
uses an estimated 18 million kVV-hrs of electricity and 800,000 therms of natural gas
annually. The City's annual energy budget is approximately $3.4 million. The City's
energy use is projected to increase by at least 5% in 2006, due to addition of new City
buildings and infrastructure. The City's actual energy costs are also projected to
increase due to rising energy rates. Although the City has aggressively pursued energy
efficiency retrofits to reduce cost and meet its environmental goals there are still many
opportunities to improve how the City uses energy. The General Services Department
will return to Council within the next 30 days to present a detailed plan on how they
22-3
Page: 4 of 5
Meeting Date: September 19, 2006
propose to invest their grant funds to staff and implement energy savings projects that
reduce the City's energy costs.
3, & 4, Peer-to-Peer Enerqy Education & Public Outreach Proiects
Conservation' and Environmental Services will receive up to $86,700 in funds each
calendar year through 2008 to implement this component of the program. According to
SDG&E, South bay cities have continually expressed their desire to participate in energy
efficiency programs available from SDREO and SDG&E. SDG&E also reports that
competing priorities have not allowed South bay cities staff to dedicate adequate time or
resources to developing the institutional expertise needed to pursue energy retrofit
projects. The Peer-to-Peer Project would provide information, technical assistance and
support to access existing CPUC and SDG&E incentives and help agencies develop
their own Energy Action Plans in preparation for future funding opportunities. The goal
of the Peer-to-Peer project will include at least two targeted workshops for decision
makers and project management staff, and a mentoring program with their Chula Vista
counterparts in General Services, Conservation and other departments, Conservation
also plans to use the trained hourly project personnel to help South Bay Cities market
SDG&E incentives for some of their targeted business retention programs and assist
with the expansion of local residential programs like the compact fluorescent and
torchiere lamp distribution programs. Conservation has made an initial contact with
south bay cities and hopes to build on future successes by including other Chula
Vista/Southbay agencies over the grant term.
The Public Outreach Component of the Grant focuses on marketing residential
programs to eligible residents in Chula Vista that are not subscribing to the programs.
The CPUC/SDG&E portfolio of residential programs provides a variety of valuable
programs that can help reduce energy consumption, lower monthly energy costs and
contribute significantly to Chula Vista's commitment to the prevention of Global
Warming and related environmental goals. The funds for these programs come from
ratepayers and Chula Vista ratepayers are not taking full advantage of that opportunity.
Conservation will also dedicate some hourly personnel resources to providing technical
assistance to help potential participants access services. This component will also
identify and record the barriers to participation to make recommendations for future
program modifications that foster greater participation. The personnel for this project
component are hourly and are not planned to continue beyond the term of this grant or
future cycles.
Public Purpose Charges are an investment that can be managed to help reduce energy
consumption, lower ratepayer's monthly energy costs, produce a local and regional
economic development advantage and contribute significantly to Chula Vista's long
standing commitment to the environmental and public health objectives, Broad
adoption and consistent implementation of energy conservation and efficiency
measures are a critical complement to an effective transition from fossil fuels to
22-4
Page: 5 of 5
Meeting Date: September 19, 2006'
renewable energy. Energy conservation and efficiency can reduce the demand for
energy generated with fossil fuel sources and thus reduce the C02, other green house
gases and particulates that contribute to global warming, asthma and other public health
and environmental impacts.
The Energy Efficiency and Outreach Program grant provides $2,193,225 in funding to
recover costs for developing and implementing the program from January 1, 2006
through December 31, 2008. SDG&E submitted and received grant approval from the
CPUC for their regional program based on the general program areas described above.
Staff is submitting the proposed Agreement and the Conservation and Environmental
Services Department's 2006 calendar year program budget for Council's review and
approval. If Council approves Staff recommendation: 1) Conservation staff will begin to
implement the 2006 grant objectives, 2) the General Services Department will return to
Council within the next 30 days to present a detailed plan on how they would invest their
grant funds to produce energy savings for City facilities, and 3) Staff would return to
Council at some later time to appropriate funding for the 2007 calendar year. The Grant
allows the City to request funding quarterly, in advance or by reimbursement.
Conservation staff is working with the Finance Department and SDG&E to review the
process and pursue advance payment.
DECISION MAKER CONFLICTS: Staff has reviewed the decision contemplated by this
action and has determined that it is not site specific and consequently the 500 foot rule
found under the California Code of Regulations Section 18704.2(a)(1) is not applicable
to this decision.
FISCAL IMPACTS:
The City Council's approval of Staffs recommendation will require an appropriation of
grant funds to the SDG&E Energy Partnership Program in the amount of $376,700.
General Services will return to Council within 30 days with a detailed plan and
recommendation to appropriate the remaining $354,375 to fund the City facility energy
efficiency projects. The grant is projected to produce energy savings for City facilities
that will phase in over the grant term, and continue beyond the Agreement.
To complete the Agreement, Staff will return to Council for additional appropriations of
$731,075 in the 2007 and 2008 calendar years to implement the remainder of the
projects outlined in the three year Agreement. The Agreement provides for full
reimbursement (or advance payment) of implementation costs on a quarterly basis.
Any costs associated with administering the grant are a part of the Conservation &
Environmental Services Department budget.
22-5
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A 3- YEAR GRANT AGREEMENT
WITH SAN DIEGO GAS & ELECTRIC (SDG&E) TO PROVIDE
ENERGY EFFICIENCY SERVICES FOR CITY, COMMERCIAL
AND RESIDENTIAL FACILITIES THROUGH DECEMBER 31,
2008, AUTHORIZING THE CITY MANAGER TO EXECUTE ALL
DOCUMENTS IN CONJUNCTION WITH IMPLEMENTING THE
AGREEMENT AND APPROPRIATING $376,700 IN GRANT
FUl'<TIS TO THE SDG&E ENERGY PARTNERSHIP PROGRAM
FUND
WHEREAS, Public Goods Charges are collected from a monthly utility bill surcharge of
approximately $0.005 per gas therm and $0.006 per electric kilowatt consumed by every customer in
the SDG&E service territory; and
WHEREAS, the Public Goods Charges are used to implement Public Purpose Programs,
including but not limited to residential and commercial energy efficiency and conservation
programs; and
WHEREAS, the October 2004 Memorandum of Understanding [MOU] between SDG&E
and the City provides that SDG&E involve the City more directly in the development and delivery
of up to $2,000,000 in Public Purpose Programs funded by Public Goods Charges to ensure that
Chula Vista residents and businesses have access to their fair share of Public Goods Programs and
that future programs meet their needs; and
WHEREAS, both agencies have worked with the California Public Utilities Commission
[CPUC] to directly involve the City in more effectively delivering energy efficiency, conservation,
demand management and alternative energy programs to Chula Vista residents, businesses and City
facilities; and
WHEREAS, SDG&E has submitted a program model to the CPUC that allows the City to
expend its participation in energy efficiency services for targeted residential, mixed use and small
commercial energy consumers as well as City facilities; and
WHEREAS, the grant proposal submitted to SDG&E and approved by the CPUC establishes
four program areas of responsibility: (I) Energy Efficiency Housing Project (small businesses to be
added); (2) City Facilities Energy Efficiency and Demonstration Project; (3) Peer-to-Peer Energy
Education Project; and (4) Public Outreach Project; and
WHEREAS, the City Council's approval of Staffs recommendation will require an
appropriation of grant funds to the SDG&E Energy Partnership Program in the amount of$376,700
for expenditure.
22-6
Resolution No. 2006-
Page 2
NOW, THEREFORE, BE IT RESOL VED the City Council of the City ofChula Vista does
hereby approve the "Agreement to Jointly Deliver the 2006-2008 City of Chula Vista Energy
Efficiency and Conservation Outreach Program Between the City ofChula Vista and San Diego Gas
& Electric Company," dated July 25, 2006, to provide energy efficiency services for City,
commercial and residential facilities through December 31, 2008.
BE IT FURTHER RESOLVED, that the City Manager is authorized to execute all
documents in conjunction with implementing the agreement.
BE IT FURTHERRESOL VED, that the City Manager is authorized to appropriate $376,700
in grant funds to the SDG&E Energy Partnership Program fund.
Presented by
Approved as to form by
~~n~
-fAnn 0 e 1
City omey
Michael Meacham
Director of Conservation &
Environmental Services
J:\Attorney\RESO\AGREEMENTS\SDG&E Energy Efficiency Agmt_09-19-06.doc
22-7
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIL
Ann Moore
City Attorney
~~~)
Dated:
Agreement to Jointly Deliver the 2006-2008
City of Chula Vista Energy
Efficiency and Conservation Outreach Program
Between the City of Chula Vista and
San Diego Gas & Electric Company,
dated July 25, 2006, to provide energy
efficiency services for City, commercial
and residential facilities through December 31, 2008
22-8
,
AGREEMENT TO JOINTLY DELIVER THE 2006-2008 CITY OF CHULA VISTA
ENERGY EFFICIENCY AND CONSERVATION OUTREACH PROGRAM
BETWEEN
CITY OF CHULA VISTA
and
SAN DIEGO GAS & ELECTRIC COMPANY
Dated: July 25, 2006
This program is funded by California utility customers under the auspices of the California
Public Utilities Commission.
2006.2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAM AGREEMENT
22-9
TIllS AGREEMENT TO JOINTLY DELIVER THE 2006-2008 CITY OF CHULA
VISTA ENERGY EFFICIENCY AND CONSERVATION OUTREACH PROGRAM (the
"Agreement"), dated July 25,2006, is effective as of January 1, 2006 ("Effective Date") by and
among SAN DIEGO GAS & ELECTRIC COMl'ANY ("SDG&E"), and THE CITY OF CHULA
VISTA ("City"). SDG&E and City may be referred to herein individually as a "Party" and
collectively as the "Parties."
RECITALS
WHEREAS, on September 22, 2005 the California Public Utilities Commission (the
"Commission") in D.05-09-043 authorized certain energy efficiency programs to be delivered to
California utility customers for the years 2006 through 2008 and the continuation of programs
where local governmental entities partnered with utilities to deliver energy efficiency information
and education to utility customers;
WHEREAS, SDG&E submitted applications for the implementation of energy efficiency
programs which included the 2006-2008 City of Chula Vista Energy Efficiency and Conservation
Outreach Program (hereinafter referred to as the "Program"), involving the delivery of energy
efficiency funding, incentives, information, training and materials to City, its residents,
developers, and South Bay cities in SDG&E's service territory;
WHEREAS, the Parties desire to set forth the terms and conditions under which the
Program for the 2006 through 2008 program years shall be implemented;
NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Parties agree as follows:
1. DEFINITIONS
1.1. Agreement: This document and all exhibits attached hereto and incorporated
herein, and as amended from time to time.
1.2. AU: The Administrative Law Judge assigned to the Commission's Energy
Efficiency Rulemaking (R.OI-08-028) or its successor proceeding.
1.3. Amendment: A future document executed by the authorized representatives of all
Parties which changes or modifies the terms of this Agreement.
1.4. Authorized Budget: The Commission-approved total for performance of the
Authorized Work is $2,193,225.00 as set forth in the Concept Paper.
1.5. Business Day: The period from one midnight to the following midnight,
excluding Saturdays, Sundays, and holidays.
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1.6. Calendar Day: The period from one midnight to the following midnight,
including Saturdays, Sundays, and holidays. Unless otherwise specified, all days in this
Agreement are Calendar Days.
1.7. Concept Paper: The Parties' plans for implementing the Program in SDG&E's
service territory, approved by the Commission, and is attached hereto and incorporated
herein as Exhibit A.
1.8. Contractor: An entity contracting directly or indirectly with a Party, or any
subcontractor thereof subcontracting with such Contractor, to furnish services or
materials as part of or directly related to such Party's Authorized Work obligations.
City's Contractors shall be selected from SDG&E's approved list, where applicable, and
shall not include City's contract staff labor for the Program.
1.9. Eligible Customers or Customers: Customers eligible for Program services are
SDG&E customers.
1.10. Energy Efficiency Measure (or Measure): As such term is used in the
Commission's Energy Efficiency Policy Manual, Version 3, August 2005, a program or
measure approved by the Commission to reduce energy consumption (whether electrical
energy or gas energy).
1.11. EM&V: Evaluation, Measurement and Verification of the Program pursuant to
Commission requirements.
1.12. , Gas Surcharge: The funds collected from gas utility ratepayers pursuant to
Section 890 et al. of the California Public Utilities Code for public purposes programs,
including energy efficiency programs approved by the Commission.
1.13. Program Expenditures: Actual (i.e., no mark-up for profit, administrative or other
indirect costs), reasonable expenditures that are directly identifiable to and required for
the Authorized Work, up to the amounts budgeted in the Concept Paper's budget
worksheets for such Authorized Work.
1.14. Public Goods Charge (pGC): The funds collected from electric utility ratepayers
pursuant to Section 381 of the California Public Utilities Code for public purposes
programs, including energy efficiency programs approved by the Commission.
In addition, all terms used in the singular will be deemed to include the plural, and vice versa.
The words "herein," "hereto," and "hereunder" and words of similar import refer to this
Agreement as a whole, including all exhibits or other attachments to this Agreement, as the same
may from time to time be amended or supplemented, and not to any particular subdivision
contained in this Agreement, except as the context clearly requires otherwise. "Includes" or
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAM AGREEMENT
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"including" when used herein is not intended to be exclusive, or to limit the generality of the
preceding words, and means "including without limitation." The word "or" is not exclusive.
2. PURPOSE
The Program is funded by California utility ratepayers and is administered by SDG&E under
the auspices of the Commission. The purpose of this Agreement is to set forth the terms and
conditions under which the Parties will jointly implement the Program. The Program and work
authorized pursuant to this Agreement is not carried on for profit.
This Agreement is not intended to and does not form any "partnership" within the meaning of
the California Uniform Partnership Act of 1994 or otherwise.
3. PROGRAM DESCRIPTION
The Energy Efficiency and Conservation Outreach Program ("ECO Program") is being
offered by SDG&E and the City. The ECO Program aims to enable City, its residents,
developers, and South Bay cities to implement energy efficiency and conservation measures by
overcoming existing barriers. South Bay includes City, Coronado, Imperial Beach, National City
and unincorporated areas of the San Diego County. The ECO Program also aims to increase
public awareness about energy efficiency and conservation through non-traditional education and
outreach outlets and channels used by cities and San Diego County.
The ECO Program will enable target customers to implement energy efficiency and
conservation measures by overcoming barriers that they face. The target customers and barriers
for each customer include:
· City of Chula Vista: The City does not have adequate resources to assign dedicated
staff to pursue and implement energy efficiency projects on a consistent basis.
· Residents: Residents do not have a clear understanding of what programs are
available to them and which programs they qualify for. Residents also need face-to-
face assistance to access and participate in energy efficiency programs.
. Condominium Conversion Developers: Developers do not have the appropriate
motivations to enhance the energy efficiency level of condominium conversion projects
beyond Title 24 compliance.
· South Bay Cities: South Bay cities lack policies, procedures and plans to
institutionalize energy efficiency and conservation measures into how they do business.
4. AUTHORIZED WORK
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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4.1. Scope. The work authorized by the Commission for the Program is set forth in
the Concept Paper for the service territory of SDG&E ("Authorized Work") and shall be
performed by the Parties pursuant to the terms of this Agreement.
4.2. Obiectives. Major objectives ("Objectives") for the Program are as follows:
4.2.1. City Energv Efficient Facilities Showcase Proiect. Reduce the City of
Chula Vista's energy use by 5% per year for a cumulative reduction of
15% by 2008 relative to 2005 energy use.
4.2.2. ECO Exhibit Proiect. Increase public awareness by assisting up to 160
people per day, with access to information through the implementation of
up to four (4) Eco Exhibits and/or active participation in energy efficiency
and conservation programs.
4.2.3. Energv Efficient Housing Proiect. Encourage condominium conversion
developers to upgrade the energy efficiency of converted units by
committing to complying with applicable Title 24 requirements and by
further incorporating measures that go beyond Title 24 requirements by at
least 10% or by reducing energy use for each unit by an average of 515
kW -hr and 15 therms per month. At least 500 condominiums per year will
be targeted for upgrades for a total of 1,500 energy efficient
condominiums by 2008, provided, however, the Parties may agree on a
replacement program that would be designed during the program cycle,
which design shall require the mutual agreement of both Parties and shall
comply with Commission procedures.
4.2.4. Municipal Energv BMPs Education Proiect. Sponsor and coordinate at
least four (4) energy efficiency and conservation workshops for cities
every year. The goal of the workshop series is to initially assist South Bay
cities develop energy action plans to manage energy. By the fourth
workshop, participating cities will have an Energy Action Plan to reduce
their energy use. Workshops will be targeted to East County cities in 2007
and North County cities in 2008.
The Program shall meet the objectives and goals set forth in the Concept Paper.
5. OBLIGA nONS OF THE PARTIES
5.1. Generallv. Each Party shall perform its Authorized Work obligations within the
Authorized Budget and in conformance with the deliverables, schedules (including the
Objectives) and the budgets associated with such Authorized Work as set forth in the
Concept Paper, and shall furnish the required labor, equipment and 'material with the
degree of skill and care that is required by current professional standards.
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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5.2. Additional Obligations of City.
5.2.1. City shall obtain the approval of SDG&E when developing Program
marketing materials prior to any distribution, publication, circulation or
dissemination in any way to the public. In addition, all advertising,
marketing or otherwise printed or reproduced material used to implement,
refer to or is in any way related to the Program must contain the following
language: "This program is funded by California utility ratepayers and
administered by San Diego Gas & Electric Company, under the auspices
of the Califomia Public Utilities Commission."
5.2.2. City will communicate regularly with the program representative of
SDG&E, and shall advise SDG&E of any problems or delay associated
with City's Authorized Work obligations.
5.3. Additional Obligations of SDG&E.
5.3.1. SDG&E will be actively involved in all aspects of Program delivery.
SDG&E will use its reasonable efforts to add value to the Program by
dedicating the human resources necessary to implement the Program
successfully and providing in-kind services support for the Program's
marketing and outreach activities.
5.3.2. SDG&E shall provide, at no cost to the Program, informational and
educational materials on SDG&E's statewide and local energy efficiency
programs to City to enable City to implement the Program.
5.3.3. SDG&E shall provide a program representative on a part-time basis, who
will be the point of contact between City and SDG&E for the Program.
5.4. EM&V. Once the Commission has approved and issued an evaluation,
measurement and verification ("EM&V") plan for the Program, such EM&V plan shall
be attached to this Agreement as Exhibit B and shall be incorporated herein by this
reference. Any subsequent changes or modifications to such EM&V plan by the
Commission shall be automatically incorporated into Exhibit B.
6. ADMINISTRATION OF PROGRAM
6.1. Decision-making and Approval.
6.1.1. Unless otherwise set forth in this Agreement, the following actions and
tasks require unanimous approval of the Parties (which approval may be
withheld by each such Party in its sole and absolute discretion):
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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a. Any action that materially deviates from the Concept Paper.
b. Any action that materially impacts the Concept Paper's schedule or
the Program.
c. Any action that materially impacts the Program's budget set forth
in the Concept Paper.
d. Selection of any Contractor not previously approved by SDG&E.
6.1.2. Unless otherwise specified in this Agreement, the Parties shall document
all material Program decisions, including, without limitation, all actions
specified in Section 6.1.1 above, in meeting minutes or, if taken outside a
meeting, through written communication, in all cases which shall be
maintained in hard copy form on file by the Parties for a period of no less
than ten (10) years after the expiration or termination of this Agreement.
6.2. Regular Meetings. During the Term of this Agreement, the Parties shall meet on a
regular basis, which shall occur no less than quarterly, at a location reasonably agreed
upon by the Parties, and shall engage in routine weekly communication to review the
status of the Program's deliverables, schedules and the budgets, and plan for upcoming
Program implementation activities. Any decision-making shall be reached and
documented in accordance with the requirements of Section 6.1.2 above.
6.3. Coordinating the Program Activities. Each Party shall be responsible for (i)
coordinating the implementation of its Authorized Work obligations with the other Party,
and (ii) monitoring the overall progress of the Authorized Work, to ensure that the
Program remains on target, (including achieving the Program's energy savings and
demand reduction goals), on schedule (including pursuant to the Objectives set forth in
Section 4.2), and meets all reporting and other filing requirements.
6.4. Regular Communication. The Parties agree to communicate regularly with the
other Parties and to advise the other Party of any problems associated with successful
implementation of the Program.
6.5. Coordinating with Other Energv Efficiencv Programs. As applicable, SDG&E
shall coordinate with other existing or selected programs (including programs targeting
low-income customers) to enhance consistency in incentives and other Program details,
minimize duplicative administrative costs and enhance the possibility that programs can
be marketed together to avoid duplicative marketing expenditures. All Parties will
coordinate with other energy programs to maximize customer satisfaction and energy
savIngs.
6.6. Non-Responsibilitv for Other Parties. Notwithstanding anything contained in this
Agreement in the contrary, a Party shall not be responsible for the performance or non-
performance hereunder of any other Party, nor be obligated to remedy any other Party's
defaults or defective performance.
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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7. DOUBLE DIPPING PROHIBITED.
In performing its respective Authorized Work obligations, a Party shall implement the
following mechanism and shall take other practicable steps to minimize double-dipping:
7.1. Prior to providing incentives or services to an Eligible Customer, City shall obtain
a signed form from such Eligible Customer stating that:
7.1.1. Such Eligible Customer has not received incentives or services for the
same measure from any other SDG&E program or from another utility,
state, or local program; and
7.1.2. Such Eligible Customer agrees not to apply for or receive incentives or
services for the same measure from another utility, state, or local program.
City shall keep its Eligible Customer-signed forms for at least ten (10) years after the
expiration or termination of this Agreement.
7.2. City shall not knowingly provide an incentive to an Eligible Customer, or make
payment to a Contractor, who is receiving compensation for the same product or service
either through another ratepayer funded program, or through any other funding source.
7.3. City represents and warrants that it has not received, and will not apply for or
accept, incentives or services for any measure provided for herein or offered pursuant to
this Agreement or the Program from any other utility, state or local program.
7.4. The Parties shall take reasonable steps to minimize or avoid .the provision of
incentives or services for the same measures prOVided under this Program from another
program or other funding source ("double-dipping").
8. REPORTING
8.1. Reporting Requirements. The Parties shall implement those reporting
requirements set forth in Exhibit C attached hereto and incorporated herein by this
reference, as approved by the Commission and as -the same may be amended from time to
time, or until the Commission otherwise requires or issues different or updated reporting
requirements for the Program, in which case and at which time such Commission-
approved reporting requirements shall replace the requirements set forth in Exhibit C in
their entirety.
8.2. Commission ReportingRequirements Manual. All reports shall be submitted in
accordance with the requirements of the latest version of the Commission's Reporting
-Requirements Manual (currently Version 3, August 2005) and any other reporting
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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protocol established by Commission staff. The Parties shall use their best efforts to
. provide any additional information as requested by SDG&E or by Commission staff.
9. PAYMENTS
9.1. Authorized Budget. No Party shall be entitled to compensation in excess of the
total amounts approved by the Commission in the Authorized Budget for such Party's
Authorized Work obligations. However, if SDG&E executes any fund shift in
accordance with Section 9.4 below, then each Party shall be entitled to compensation up
to, but not exceeding, the Authorized Budget, as revised to reflect such fund shift, for
such Party's Authorized Work obligations.
9.2. Program Expenditures. Each Party shall be entitled to spend PGC or Gas
Surcharge Program Funds on Program Expenditures incurred by such Party.
9.3. Payment to City. In order for City to be entitled to PGC or Gas Surcharge funds
for Program Expenditures:
9.3.1. City shall invoice SDG&E quarterly, in advance and no later than the 15th
day of the first calendar month of each calendar quarter, for all reasonable
projected Program Expenditures for such quarter ("Quarterly Invoice"),
together with all such documentation reasonably required by SDG&E to
evidence the calculation of such projected Program Expenditures and all
such other documentation required to be attached thereto as described in
Section 9.3.2 below. With respect to the quarter in progress at the time of
execution of this Agreement, City shall submit, by the 15th day of the
month in which such execution occurred (or if such 15th day has passed,
then the 15th day of the following month), such Quarterly Invoice for such
quarter in progress (together with all such documentation).
9.3.2. At the end of each calendar quarter of the term of this Agreement, City
shall provide an accounting of all Program Expenditures that actually
incurred by City during the course of such quarter. City shall calculate the
difference between the actual Program Expenditures incurred by City
during the quarter just passed and the amount advanced by SDG&E under
Section 9.3.1 in respect of such quarter. If such actual Program
Expenditures incurred by City during such quarter is greater than such
amount advanced by SDG&E for such quarter, then City's Quarterly
Invoice for the following calendar quarter'shall include a charge in the
amount of such difference. If the actual Program Expenditures incurred by
City during such quarter is less than such amount advanced by SDG&E for
such quarter, then City's Quarterly Invoice for the following calendar
quarter shall include a credit in the amount of the amount of such
difference. As a condition to payment by SDG&E in respect of a
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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Quarterly Invoice, City shall include with such Quarterly Invoice all such
documentation reasonably required by SDG&E evidencing the accounting
set forth in this Section 9.3.2 for the previous calendar quarter.
9.3.3. Upon the expiration or earlier termination of this Agreement or the
Program, City shall provide a true-up of Program Expenditures during the
entire term of the Program and shall provide (or shall have provided) no
later than thirty (30) days after the effective date of such expiration or
earlier termination all such documentation reasonably requested by
SDG&E to evidence all Program Expenditures incurred by City during the
term of the Agreement and the Program. If the total actual Program
Expenditures incurred by City during the term of the Program is greater
than the total amount of Program Expenditures paid by SDG&E during the
term of the Program, then City shall deliver an invoice SDG&E in the
amount of such difference at the same time City deli vers the
documentation described above in this Section 9.3.3. If the total actual
Program Expenditures incurred by City during the term of the Program is
less than the total amount of Program Expenditures paid by SDG&E
during the term of the Program, then City shall refund the difference to
SDG&E within thirty (30) calendar days after the effective date of such
expiration or earlier termination.
9.3.4. SDG&E shall pay all invoices within thirty (30) calendar days after receipt
such invoice and all documentation and accountings required to be
delivered with such invoice as set forth in this Section 9.3, exclusive of
any disputed items.
9.3.5. City shall submit monthly and quarterly reports to SDG&E, in a format
reasonably acceptable to SDG&E and containing such information as may
be required for the reporting requirements set forth in Section 8 above
("Periodic City Reports"), by the tenth (10th) Calendar Day of the calendar
month following performance, setting forth all Program Expenditures
incurred during the prior calendar monthQr quarter, as applicable.
9.3.6. Documentation necessary to substantiate the Program Expenditures shall
include, without limitation, the following:
a. Incentives: Subject to the provisions of Section 7, for each
incenti ve paid to Eligible Customers or Contractors (other than
point of purchase .programs):
(i) Eligible Customer or Contractor name, address and
telephone number;
(ii) the type and quantity of each measure installed or received;
(iii) the amount of each incentive paid, and
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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(iv) the date each payment was provided or each measure was
installed or received.
b. Labor: For each of the Program's budget categories applicable to
City (e.g. Direct Implementation), a list of individuals and total
hours worked and labor rate(s) for each person during the month in
each budget category.
c. Equipment and Material: A list of equipment and material used
and/or installed in the performance of the Authorized Work during
the month, and supporting documentation for the cost incurred by
City therewith.
d. Overhead items other than travel/training/conferences: Supporting
documentation for overhead items such as rent, computer
equipment, facility charges, is required and shall be provided in
accordance with the provisions of Exhibit C. However, such
information must be provided upon request by either SDG&E or
the Commission.
e. Travel!Training/Conference: Supporting documentation for all
travel-related expenditures. While original receipts need not be
submitted, a detailed expense report for all travel expenses should
be provided, which includes airfare, mileage, meals, lodging,
parking, etc, in the 'format approved by SDG&E. A detailed travel
expense report should include the following information: name of
person incurring expense, reason for expense, date(s) incurred and
type of expense (e.g. airfare, airport parking, rental car, other
parking, mileage, meals, hotel, other costs, if any).
f. Contractor Costs: Copies of all Contractor invoices. If only a
portion of the Contractor costs applies to the Program, City shall
clearly indicate the line items or percentage of the invoice amount
that should be applied to the Program, as provided in Exhibit C.
g. Marketing: A copy of each distinct marketing material produced,
with quantity of a given marketing material produced and the
method of distribution.
9.3.7. City understands that only those costs listed in the Allowable Cost Table
set forth in Exhibit C can be submitted for payment. All invoices
submitted to SDG&E must report all Program Expenditures using the
allowable cost items included on the Allowable Cost Table set forth in
. Exhibit C.
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9.3.8. SDO&E reserves the right to reject any City invoiced amount for any of
the following reasons:
a. The invoiced amount, when aggregated with previous Program
Expenditures, exceeds the amount budgeted therefor in the
Authorized Budget for such Authorized Work.
b. There is a reasonable basis for concluding that such invoiced
amount is unreasonable or is not directly identifiable to or required
for the Authorized Work, the Concept Paper or the Program.
c. Such invoiced amount, in SDG&E's sole discretion, contains
charges for any item not authorized under this Agreement or by the
Commission, or is deemed untimely, unsubstantiated or lacking
proper documentation.
9.3.9. Should SDO&E reject any Program Expenditure of City, City invoice or
Periodic City Report, SDO&E may request such additional performance
required from City, modification required to City's invoice or such other
action as may be required of City, and any continuing dispute therefrom
shall be resolved in accordance with the procedures set forth in Section 14.
9.3.10. City shall maintain for a period of not less than ten (10) years all
documentation reasonably necessary to substantiate the Program
Expenditures, including, without limitation, the documentation set forth in
Section 9.3.6(a) through (g) above. City shall promptly provide, upon the
reasonable request by SDG&E, any documentation, records or information
in connection with the Program or its Authorized Work.
9.4. Shifting Funds Across Budget Categories. SDO&E may shift Program funds
among budget categories (e.g. Adrninistrati ve and Direct Implementation) as set forth in
the Concept Paper to the maximum extent permitted under, and in accordance with,
Commission decisions and rulings therefor to which this Program relates.
9.5. Reasonableness of Expenditures. Each Party shall bear the burden of ensuring
that its Program Expenditures are objectively reasonable. The Commission has the
authority to review all Program Expenditures for reasonableness. Should the
Commission, at any time, issue a finding of unreasonableness as to any Program
Expenditure, and require a refund or return of the POC or Gas Surcharge funds paid in the
reimbursement of such Program Expenditure, the Party who incurred such Program
Expenditure and received reimbursement under this Agreement shall be solely and
severally liable for such refund or return.
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9.6. Refund of PGC or Gas Surcharge Funds. With respect to any amount subject to
refund to the Commission pursuant to any subsequent Commission decision or ruling,
should the Commission determine that a refund is due and seeks to recover such refund,
the amount due shall be returned as directed by the Commission, within 30 days of
receipt of written notice that payment is owed, as follows: (1) if the refund is attributable
to an overpayment of Program funds to a Party, then that Party shall be solely liable for
such refund; (2) if the refund is attributable to an umeasonable expenditure, then the Party
who (i) incurred such Program Expenditure and received reimbursement therefor under
this Agreement, or (ii) was otherwise entitled to receive reimbursement under this
Agreement but did not actually receive reimbursement due to receipt of an equivalent
offset, shall be solely liable for such refund; (3) for any other refund, each Party shall be
solely liable for its pro-rata share, determined by calculating the percentage of the total
overall Program Expenditures represented by each Party's reimbursements of Program
Expenditures (both actual reimbursements and those to which the Party was otherwise
entitled but did not receive due to receipt of an equivalent offset). Nothing in this
provision is intended to limit a Party's right to pursue adrninistrati ve or other remedies
available with respect to a Commission decision or ruling. A Party's approval of any
action which is the responsibility of another Party under this Agreement shall not shift the
corresponding responsibility with respect to any overpayment or umeasonable Program
. Expenditure. Notwithstanding the foregoing, any overpayment of Program funds to a
Party (the "Receiving Party") shall be immediately due and payable by the Receiving
Party, upon demand therefor, to the Party who made the overpayment, and the Party who
made the overpayment shall have the right to set the overpayment off from any other
Program funds payable to. the Receiving Party, if possible, or otherwise pursue any
available remedies for the recovery of the overpayment.
10. END DATE FOR PROGRAM AND AD:MINISTRATIVE ACTIVITIES.
Unless this Agreement is terminated pursuant to Section 24 below, and subject to the
Objectives, the Parties shall complete all Program Administrative activities (as defined by the
Concept Paper) and reporting requirements by no later than March 31, 2009, and all Direct
Implementation activities (as defined by the Concept Paper) by no later than December 31,2008,
in each case unless otherwise agreed to by the Parties or so ordered by the Commission.
11. FINAL INVOICES
All Parties must submit final invoices no later than March 31, 2009.
12. INDEMNITY
12.1. Indemnitv bv Citv. City shall indemnify, defend and hold hannless SDG&E, and
its successors, assigns, affiliates, subsidiaries, current and future parent companies,
officers, directors, agents, and employees, from and against any and all expenses, claims,
losses, damages, liabilities or actions in respect thereof (including reasonable attorneys'
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fees) to the extent arising from (a) City's negligence or willful misconduct in City's
activities under the Program or performance of its obligations hereunder, or (b) City's
breach of this Agreement or of any representation or warranty of City contained in this
Agreement.
12.2. Indemnitv bv SDG&E. SDG&E shall indemnify, defend and hold harmless City
and its successors, assigns, affiliates, subsidiaries, current and future parent companies,
officers, directors, agents, and employees, from and against any and all expenses, claims,
losses, damages, liabilities or actions in respect thereof (including reasonable attomeys'
fees) to the extent arising from (a) SDG&E's negligence or willful misconduct in
SDG&E's activities under the Program or performance of its obligations hereunder or (b)
SDG&E's breach of this Agreement or any representation or warranty of SDG&E
contained in this Agreement.
12.3. LIMITATION OF liABILITY. NO PARTY SHALL BE liABLE TO ANY
OTHER PARTY FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL
DAMAGES WHATSOEVER WHETHER IN CONTRACT, TORT (.INCLUDING
NEGUGENCE) OR STRICT liABILITY INCLUDING, BUT NOT LIMITED TO,
LOSS OF USE OF OR UNDER-UTILIZATION OF LABOR OR FACILITIES, LOSS
OF REVENUE OR ANTICIPATED PROmS, COST OF REPLACEMENT POWER
OR CLAIMS FROM CUSTOMERS, RESULTING FROM A PARTY'S
PERFORMANCE OR NONPERFORMANCE OF THE OBUGATIONS HEREUNDER,
OR IN THE EVENT OF SUSPENSION OF THE AUTHORIZED WORK OR
TERMINATION OF TIDS AGREEMENT.
13. OWNERSHIP OF DEVELOPMENTS
The Parties acknowledge and agree that SDG&E, on behalf of its ratepayers, shall own all
data, reports, information, manuals, computer programs, works of authorship, designs or
improvements of equipment, tools or processes (collectively "Developments") or other written,
recorded, photographic or visual materials, or other deliverables produced in the performance of
this Agreement; provided, however, that Developments do not include equipment or
infrastructure purchased for research, development, education or demonstration related to energy
efficiency. Although City shall retain no ownership, interest or title in the Developments except
as may otherwise be provided in the Concept Paper, it will have a permanent, royalty free, non-
exclusive license to use such Developments for the City's internal use and at the City's sole but
reasonable discretion for the residents and businesses within the City's current and future
municipal boundaries.
14. DISPUTE RESOLUTION
14.1. Dispute Resolution. Except as may otherwise be set forth expressly herein, all
disputes arising under this Agreement shall be resolved as set forth inthis Section 14.
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14.2. Negotiation and Mediation. The Parties shall attempt in good faith to resolve any
dispute arising out of or relating to this Agreement promptly by negotiations between the
Parties' authorized representatives. The disputing Party shall give the other Parties
written notice of any dispute. Within twenty (20) days after delivery of such notice, the
authorized representatives shall meet at a mutually acceptable time and place, and
thereafter as often as they reasonably deem necessary to exchange information and to
attempt to resolve the dispute. If the matter has not been resolved within thirty (30) days
of the first meeting, any Party may initiate a mediation of the dispute. The mediation shall
be facilitated by a mediator that is acceptable to all Parties and shall conclude within sixty
(60) days of its commencement, unless the Parties agree to extend the mediation process
beyond such deadline. Upon agreeing on a mediator, the Parties shall enter into a written
agreement for the mediation services with each Party paying a pro rate share of the
mediator's fee, if any. The mediation shall be conducted in accordance with the
Commercial Mediation Rules of the American Arbitration Association; provided,
however, that no consequential damages shall be awarded in any such proceeding and
each Party shall bear its own legal fees and expenses.
14.3. Confidentiality. All negotiations and any mediation conducted pursuant to
Section 14.2 shall be confidential and shall be treated as compromise and settlement
negotiations, to which Section 1152 of the California Evidence Code shall apply, which
Section is incorporated in this Agreement by reference.
14.4. Iniunctive Relief. Notwithstanding the foregoing provisions, a Party may seek a
preliminary injunction or other provisional judicial remedy if in its judgment such action
is necessary to avoid irreparable damage or to preserve the status quo.
14.5. Continuing Obligation. Each Party shall continue to perform its obligations under
this Agreement pending final resolution of any dispute arising out of or relating to this
Agreement.
14.6. Failure of Mediation. If, after good faith efforts to mediate a dispute under the
terms of this Agreement as provided in Section 14.2 above, the Parties cannot agree to a
resolution of the dispute, any Party may pursue whatever legal remedies may be available
to it at law or in equity, before a court of competent jurisdiction and with venue as
provided in Section 34.
15. REPRESENTATIONS AND WARRANTIES
City represents, warrants and covenants, as of the Effective Date and thereafter during the
Term of this Agreement that:
15.1. The Authorized Work performed by City and its Contractors shall comply with
the applicable requirements of all statutes, acts, ordinances, regulations, codes, and
standards of federal, state, local and foreign governments, and all agencies thereof.
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15.2. The Authorized Work performed by City and its Contractors shall be free of any
claim of trade secret, trade mark, trade name, copyright, or patent infringement or other
violations of any proprietary rights of any person.
15.3. City shall conform to the applicable employment practices requirements of
(presidential) Executive Order 11246 of September 24, 1965, as amended, and applicable
regulations promulgated thereunder.
15.4. City shall contractually require each Contractor it hires to perform the Authorized
Work to indemnify SDG&E to the same extent City has indemnified SDG&E under the
terms and conditions of this Agreement.
15.5. City shall retain, and shall cause its Contractors to retain, all records and
documents pertaining to its Authorized Work obligations for a period of not less than five
(5) years beyond the temrination or expiration of this Agreement.
15.6. City shall contractually require all of its Contractors to provide SDG&E
reasonable access to relevant records and staff of Contractors concerning the Authorized
Work.
15.7. City will take all reasonable measures, and shall require its Contractors to take all
reasonable measures, to ensure that the Program funds in its possession are used solely
for Authorized Work, which measures shall include the highest degree of care that City
uses to control its own funds, but in no event less than a reasonable degree of care.
15.8. City will maintain, and shall require its Contractors to maintain, insurance
coverage or self insurance coverage in reasonable and customary coverage and amounts
at all times during the Term of this Agreement.
a.
16. PROOF OF INSURANCE
16.1. Evidence of Coverage. Upon request at any time during the Term of this
Agreement, City shall provide evidence that its' insurance policies (and the insurance
policies of any Contractor, as provided in Section 15.8) are in full force and effect, and
provide the coverage and limits of insurance that City has represented and warranted
herein to maintain at all times during the Term of this Agreement.
16.2. Self-Insurance. If City is self-insured, City shall upon request forward
documentation to SDG&E that demonstrates to SDG&E's satisfaction that City self-
insures as a matter of normal business practice before commencing the Authorized Work.
SDG&E will accept reasonable proof of self-insurance comparable to the above
requirements.
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17. CUSTOMER CONFIDENTIALITY REQUIREMENTS
17.1. Non-Disclosure. City, its employees, agents and Contractors shall not disclose
any Confidential Customer Information (defined below) to any third party during the
Term of this Agreement or after its completion, without City having obtained the prior
written consent of SDG&E, except as provided by law, lawful court order or subpoena
and provided City gives SDG&E advance written notice of such order or subpoena.
17.2. Confidential Customer Information. "Confidential Customer Information"
includes, but is not limited to, a SDG&E customer's name, address, telephone number,
account nUmber and all billing and usage information, as well as any SDG&E customer's
information that is marked confidential. If City is uncertain whether any information
should be considered Confidential Customer Information, City shall contact SDG&E
prior to disclosing the customer information.
17.3. Non-Disclosure Agreement. Prior to any approved disclosure of Confidential
Customer Information, SDG&E may require City to enter into a nondisclosure agreement.
17.4. Commission Proceedings. This Section 17 does not prohibit City from disclosing
non-confidential information concerning the Authorized Work to the Commission in any
Commission proceeding, or any Commission-sanctioned meeting or proceeding or other
public forum.
17.5. Return of Confidential Information. Confidential Customer Information
(including all copies, backups and abstracts thereof) provided to City by SDG&E, and any
and all documents and materials containing such Confidential Customer Information or
produced by City based on such Confidential Customer Information (including all copies,
backups and abstracts thereof), during the performance of this Agreement shall be
returned upon written request by SDG&E.
17.6. Remedies. The Parties acknowledge that Confidential Customer Information is
valuable and unique, and that damages would be an inadequate remedy for breach of this
Section 17 and the obligations of City are specifically enforceable. Accordingly, the
Parties agree that in the event of a breach or threatened breach of this Section 17 by City,
SDG&E shall be entitled to seek and obtain an injunction preventing such breach, without
the necessity of proving damages or posting any bond. Any such relief shall be in
addition to, and not in lieu of, money damages or any other available legal or equitable
remedy.
17.7. Public Records Act. Notwithstanding the foregoing, SDG&E understands that all
information provided to the City may be subject to public review pursuant to the
California Public Records Act (California Government Code Section 6250 et seq.), which
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provides that records in the custody of a public entity might be disclosed unless the
information being sought falls into one or more of the exemptions to disclosure set out in
Government Code Sections 62~4 through 6255. As a result, City may be obligated to
disclose any information provided to the City to any party that requests it to the extent
permitted under the California Public Records Act.
18. TIME IS OF THE ESSENCE
The P~es hereby acknowledge that time is of the essence in performing their obligations
under the Agreement. Failure to comply with deadlines stated in this Agreement may result in
termination of this Agreement, payments being withheld or other Program modifications as
directed by the Commission.
19. CUST011ER COMPLAINT RESOLUTION PROCESS
City shall develop and implement a process for the management and resolution of customer
complaints in an expedited manner including, but not limited to: (a) ensuring adequate levels of
professional customer service staff; (b) direct access of customer complaints to supervisory
and/or management personnel; (c) documenting each customer complaint upon receipt; and (d)
elevating any complaint that is not resolved within five (5) days of receipt by City.
20. RESTRICTIONS ON MARKETING
20.1. Use of Commission's Name. No Party may use the name of the Commission on
marketing materials for the Program without prior written approval from the Commission
staff. In order to obtain this written approval, SDG&E must send a copy of the planned
materials to the Commission requesting approval to use the Commission name and/or
logo. Notwithstanding the foregoing, the Parties shall disclose their source of funding for
the Program by stating prominently on marketing materials that the Program is "funded
by California ratepayers under the auspices of. the California Public Utilities
Commission. "
20.2. Use of SDG&E's Names. City must receive prior review and written approval
from SDG&E for the use of SDG&E's name or logo on any marketing or other Program
materials (which approval may be withheld at SDG&E's sole and absolute discretion).
City shall allow twenty (20) days for SDG&E review and approval.
20.3. Use of Citv Name. SDG&E must receive prior written approval from City for use
of City's name or logo on any marketing or other Program materials (which approval may
be withheld at City's sole and absolute discretion). SDG&E shall allow twenty (20) days
for such City review and approval.
21. RIGm TO AUDIT
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City agrees that SDG&E and/or the Commission, or their respective designated
representatives, shall have the right to review and to copy any records or supporting
documentation pertaining to City's performance of this Agreement or the Authorized Work,
during normal business hours, and to allow reasonable access in order to interview any
employees of City who might reasonably have information related to such records. Further, City
agrees to include a similar right of SDG&E and/or the Commission to audit records and
interview staff in any subcontract related to performance of City's Authorized Work or this
Agreement.
22. STOP WORK PROCEDURES
SDG&E may suspend City's Authorized Work being for good cause, such as concerns related
to funding, implementation or management of the Program, safety concerns, fraud, or excessive
Customer complaints, by notifying City in writing to suspend its Authorized Work being
performed in its service territory. City shall stop work immediately, and may resume its
Authorized Work only upon receiving written notice from SDG&E that it may resume its
Authorized Work.
23. MODIFICATIONS
Changes to this Agreement shall only be made by mutual agreement of all Parties through a
written amendment to this Agreement signed by all Parties.
24. TERM AND TERMINATION
24.1. Term. This Agreement shall be effective as of January 1, 2006. Subject to Section
36 below and Section 10 above, this Agreement shall continue in effect until March 31,
2009 ("Term") unless otherwise earlier terminated in accordance with the provisions of
Section 24.2, 24.3 or 29 below or any other provisions of this Agreement.
24.2. Termination for Breach. Any Party may terminate this Agreement in the event of
a material breach by the other Party of any of the material terms or conditions of this
Agreement, provided such breach is not.remedied within sixty (60) days notice to the
breaching Party thereof from the non-breaching Party or otherwise cured pursuant to the
dispute resolution provisions set forth in Section 14 herein.
24.3. Termination for Convenience. SDG&E and the City of Chula Vista shall eaGh
have the right to terminate this Agreement, at their sole convenience and without first
obtaining the other Party's prior consent, by providing at least thirty (30) days' prior
written notice to the other Party setting forth the effective date of such termination.
24.4. Effect of Termination.
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24.4. 1. In the event of termination of this Agreement, the Parties shall be entitled
to PGC and/or Gas Surcharge Funds for all Program Expenditures incurred
or accrued pursuant to contractual or other legal obligations for Authorized
Work up to the effective date of termination of this Agreement, provided
that any Periodic City Reports or other reports, invoices, documents or
information required under this Agreement or by the Commission are
submitted in accordance with the terms and conditions of this Agreement.
The provisions of this Section 24.4.1 shall be a Party's sole compensation
resulting from any termination of this Agreement.
24.4.2. In the event of termination of this Agreement, City and SDG&E shall stop
any Authorized Work in progress and take action as directed by the other
Party to bring the Authorized Work to an orderly conclusion, and the
Parties shall work cooperatively to facilitate the termination of operations
and any applicable contracts for Authorized Work. SDG&E shall, within
30 days, make payment to the City for any Program Expenditures incurred
by City prior to the effective date of the termination, unless otherwise
prohibited by law or CPUC action.
25. WRITTEN NOTICES
Any written notice, demand or request required or authorized in connection with this
Agreement, shall be deemed properly given if delivered in person or sent by facsimile, nationally
recognized overnight courier, or first class mail, postage prepaid, to the address specified below,
or to another address specified in writing by a Party as follows:
City:
The City of Chula Vista
Michael Meacham, Director Conservation &
Environmental Services Department
276 Fourth Avenue
Chula Vista, CA 91910
(619) 407-3545 telephone
(619) 409-5884 facsimile
mmeacham@ci.chula-vista.ca.us
SDG&E:
San Diego Gas & Electric Company
Risa Baron, Energy Programs Supervisor
8306 Century Park Ct
San Diego, CA 92123-1530
(858) 654-1103 telephone
(858) 654-1175 facsimile
rbaron@semprautilities.com
Notices shall be deemed received (a) if personally or hand-delivered, upon the date of delivery to
the address of the person to receive such notice if delivered before 5:00 p.m., or otherwise on the
Business Day following personal delivery; (b) if mailed, three (3) Business Days after the date
the notice is postmarked; (c) if by facsimile, upon electronic confirmation of transmission,
followed by telephone notification of transmission by the noticing Party; or. (d) if by overnight
courier, on the Business Day following delivery to the overnight courier within the time limits set
by that courier for next-day delivery.
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26. CONTRACTS
Each Party shall, at all times, be responsible for its Authorized Work obligations, and acts
and omissions of Contractors and persons directly or indirectly employed by such Party for
services in connection with the Authorized Work.
27. RELATIONSHIP OF THE PARTIES
The Parties shall act in an independent capacity and not as officers or employees or agents of
each other. This Agreement is not intended to and does not form any "partnership" within the
meaning of the California Uniform Partnership Act of 1994 or otherwise.
28. NON-DISCRIJ\ilINATION CLAUSE
No Party shall unlawfully discriminate, harass, or allow harassment against any employee or
applicant for employment because of sex, race, color, ancestry, religious creed, national origin,
physical disability (including mv and AIDS), mental disability, medical condition (cancer), age
(over 40), marital status, and denial of family care leave. Each Party shall ensure that the
evaluation and treatment of its employees and applicants for employment are free from such
discrimination and harassment, and shall comply with the provisions of the Fair Employment and
Housing Act (Government Code Section 12990 (a)-(f) et seq.) and the applicable regulations
promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The
applicable regulations of the Fair Employment and Housing Commission implementing
Government Code Section 12990 (a)-(f), set forth in Chapter 5 of Division 4 of Title 2 of the
California Code of Regulations, are incorporated into this Agreement by reference and made a
part hereof as if set forth in fulL
Each Party represents and warrants that it shall include the substance of the
nondiscrimination and compliance provisions of this clause in all subcontracts for its Authorized
Work obligations.
29. COMMISSION AUTHORITY TO MODIFY
This Agreement shall at all times be subject to the discretion of the Commission, including,
but not limited to, review and modifications, excusing a Party's performance hereunder, or
termination as the Commission may direct from time to time in the reasonable exercise of its
jurisdiction. In addition, in the event that any ruling, decision or other action by the Commission
adversely impacts the Program, as determined at their respective sole discretion, SDG&E and the
City shall each have the right to terminate this Agreement (subject, however, to the provisions of
Sections 24.4 and 36) by providing at least ten (10) days' prior written notice to City setting forth
the effective date of such termination. SDG&E shall, within 30 days, make payment to the City
for any Program Expenditures incurred by City prior to the effective date of the termination,
unless otherwise prohibited by law or CPUC action.
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30. NON-WAIVER
None of the provisions of this Agreement shall be considered waived by any Party unless
such waiver is specifically stated in writing.
31. ASSIGNMENT
No Party shall assign this Agreement or any part or interest thereof, without the prior written
consent of the other Party, and any assignment without such consent shall be void and of no
effect. Notwithstanding the foregoing, if SDG&E is requested or required by the Commission to
assign its rights and/or delegate its duties hereunder, in whole or in part, such assignment or
delegation shall not require City's consent, and SDG&E shall be released from all obligations
hereunder arising after the effective date of such assignment, both as principal and as surety.
32. FORCE MAJEURE
Failure of a Party to perform its obligations under this Agreement by reason of any of the
following shall not constitute an event of default or breach of this Agreement: strikes, picket
lines, boycott efforts, earthquakes, fires, floods, war (whether or not declared), revolution, riots,
insurrections, acts of God, acts of government (including, without limitation, any agency or
department of the United States of America), acts of terrorism, acts of the public enemy, scarcity
or rationing of gasoline or other fuel or vital products, inability to obtain materials or labor, or
other causes which are reasonably beyond the control of such Party.
33. SEVERABILITY
In the event that any of the terms, covenants or conditions of this Agreement, or the
. application of any such term, covenant or condition, shall be held invalid as to any person or
circumstance by any court, regulatory agency, or other regulatory body having jurisdiction, all
other terms, covenants, or conditions of this Agreement and their application shall not be affected
thereby, but shall remain in full force and effect, unless a court, regulatory agency, or other
regulatory body holds that the provisions are not separable from all other provisions of this
Agreement.
34. GOVERNING LAW; VENUE
This Agreement shall be interpreted, governed, and construed under the laws of the State of
California as if executed and to be performed wholly within the State of California. Any action
brought to enforce or interpret this Agreement shall be filed in San Diego County, California.
35. SECTION HEADINGS
Section headings appearing in this Agreement are for convenience only and shall not be
construed as interpretations of text.
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36. SURVIVAL
Notwithstanding completion or of this Agreement, the Parties shall continue to be bound by
the provisions of this Agreement which by their nature or terms survive such completion or
teimination. Such provisions shall include, but are not limited to, Sections 8, 9, 12, 13, 14, 17,
21,34,36 and 37 of this Agreement.
37. ATTORNEYS' FEES
Except as otherwise provided herein, in the event of any legal action or other proceeding
between the Parties arising out of this Agreement or the transactions contemplated herein, each
Party in such legal action or proceeding shall bear its own costs and expenses incurred therein,
including reasonable attorneys' fees.
38. COOPERATION
Each Party agrees to cooperate with the other Parties in whatever manner is reasonably
required to facilitate the successful completion of this Agreement.
39. ENTIRE AGREEMENT
This Agreement (including the Exhibits hereto) contains the entire agreement and
understanding between the Parties and merges and supersedes all prior agreements,
representations and discussions pertaining to the Authorized Work.
40. AFPROV ALS
Unless otherwise set forth in herein, approvals required of a Party shall not be unreasonably
withheld by such Party.
41. COUNTERPARTS.
This Agreement may be executed in one or more counterparts, each of which shall be deemed
to be an original, but all of which together shall be deemed to be one and the same instrument.
(Signature page follows)
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by
their duly authorized representatives.
CITY:
THE CITY OF CHULA VISTA
Attest:
Susan Bigelow, City Clerk:
Stephen Padilla, Mayor
SDG&E:
~
Name: Anne Shen Smith
Title: Sr. Vice President, Customer Service
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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EXHIBIT A
2006-2008 CONCEPT PAPER
2006-2008 Energy Efficiency Concept Paper
City of Chula Vista & San Diego Gas & Electric Initiative
Conservation Outreach Program CECO Program)
1
d
Proiected Prol!ram Bu ll!et
2006 2007 2008
l<>,dministration
Administrative Overheads $ 36,554 $ 36,554 $ 36,554
Administrative Other $ 255,876 $ 255,876 $ 255,876
Marketina & Outreach $ - $ - $ -
Direct Imolementation
incentives $ - $ - $ -
Activitv $ 438,645 $ 438,645 $ 438,645
Installation $ - $ - $ -
Hardware & Materiais $ - $ - $ -
Rebate Processina & Insoection $ - $ - $ -
EM&V $ - $ - $ -
Total $ 731,075 $ 731,075 $ 731,075
2
I
Is
. Projected ProP'ram mnac
2006 2007 2008
Net kWh 1 Net kW I Net Therms Net kWh 1 Net kW 1 Net Therms Net kWh 1 Net kW Net Therms
1,277,6261 1331 36,593 1,277,6261 1331 36,593 1,277,6261 133 36,593
Savings identified in this paper are estimated based on the Energy Efficient Housing Project component. The
kW, kWh and therm savings along with incentives and rebates for City of Chula Vista retrofit projects for City
facilities are included in the SDG&E Energy Savings Bid Program (see City Energy Efficient Facilities
Showcase Project below). There are no projected kW, kWh and therm direct savings for the ECO Exhibit and
the Municipal Energy BMPs Education Projects.
3. Program Cost Effectiveness
Attached
4. Program Descriptors
The Energy Efficiency and Conservation Outreach Program (ECO Program) is being offered by San Diego
Gas & Electric Company, (SDG&E) and the City of Chula Vista (Chula Vista). The ECO Program aims to
enable Chula Vista, residents, developers, and Southbay cities to implement energy efficiency and
conservation measures by overcoming existing barriers. Southbay includes Chula Vista, Coronado, Imperial
Beach, National City and unincorporated areas of the San Diego County. The ECO Program also aims to
increase public awareness about energy efficiency and conservation through non-traditional education and
outreach outlets and channels used by cities and the County.
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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S. Program Statement
The ECG Program will enable target customers to implement energy efficiency and conservation measures by
overcoming barriers that they face. The target customers and barriers for each customer include:
. City of Chula Vista: The City does not have adeqljllte resources to assign dedicated staff to pursue and
implement energy efficiency projects on a consistent basis.
. Residents: Residents do not have a clear understanding of what programs are available to them and
which programs they qualify for. Residents aiso need face-to-face assistance to access and participate in
energy efficiency programs.
. Condominium Conversion Developers: Developers do not have the appropriate motivations to
enhance the energy efficiency level of condominium conversion projects beyond Title 24 compliance.
. Southbay Cities: Southbay Cities lack policies, procedures and plans to institutionalize energy efficiency
and conservation measures into how they do business.
6. Program Rationale
. City Energy Efficient Facilities Showcase Project: Chula Vista has over 100 City owned buildings
and infrastructure that consume electricity and natural gas. The City has about 550 electricity and
natural gas meters and uses approximately 18 million kW-hrs of electricity and approximately800,000
therms of natural gas annually. Due to addition of new City buildings and infrastructure, the City's
energy use is projected to increase by at least 5% in 2006. The City's annual energy budget is
approximately $3.4 million. The City's actual energy costs are also projected to increase due to new
City load and rising energy rates. Although the City has aggressively pursued energy efficiency
retrofits to reduce energy use, to reduce cost, to improve maintenance and to reduce its impact on the
environment, there are still many opportunities to improve how the City uses energy. An opportunity to
position City facilities to participate in SDG&E's demand response programs also exists. The ECG
Program seeks to enable the City to manage its energy use more effectively and consistently by
providing funding to the City for dedicated energy staff.
. ECO Exhibit Project: Chula Vista has co-sponsored Hard-to-Reach lighting events with SDG&E for
the past three years at various City venues. Year after year, an average of 600 households (.01 % of
Chula Vista's housing stock) participate in the one-day events to exchange their inefficient
incandescent light bulbs for more efficient compact fluorescent lights. Approximately 15% of the
participating households also sign up for SDG&E programs available to low income and senior
citizens. The City believes that the success of the events can be attributed to effective execution of a
marketing plan developed by SDG&E and City staff, face-to-face assistance from SDG&E and City
staff and customer convenience. The mobile ECG Exhibits aims to provide face-to-face assistance and
convenience on a more predictable basis by placing the staffed ECG Exhibits in high traffic community
locations. The City's believes that it can reach more than the .01 % of the households in the City by
providing a predictable location where residents can go to for assistance on energy issues.
. Energy Efficient Housing Project: There are currently about 800 apartment units at various stages of
the condominium conversion process by the City's Planning and Building Department. The Chula
Vista Planning and Building department estimates that at least 500 units per year will undergo
conversions from apartments to condominiums from 2006 to 2008 in. There is an untapped potential
for energy efficiency since condominium conversion developers are not often required to meet the most
current Title 24 requirements. Under this project, condominium conversion projects with three or more
units will be eligible for expedited plan review and permitting if they commit to incorporating energy
efficiency measures to exceed Title 24 requirements by at least 10% or if they incorporate measures to
reduce the average energy use for each unit by 515 kW-hr and 15 therms per month. Note: SDG&E,
along with the City of Chula Vista, City of San Diego, and the County of San Diego will continue to
review various options for implementing Title 24 guidelines. Where necessary, standard thresholds may
be applied Although it is preferred that program participants not receive utility incentives payments, in
. exchange for expedited approval of their requested building permits or land use, ability to participate in
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2006.2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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both the expedite and incentive programs may be considered. Both strategies will be reviewed during
the initial phases of the program.
. Municipal Energy BMPs Education Project: Staff from Southbay cities have continually expressed
their desire to participate in energy efficiency programs available from SDREO and SDG&E.
Unfortunately, due to competing priorities, staff from Southbay cities have not dedicated time or
resources to pursuing potential energy retrofit projects. Staff believes that the major barrier to
participating in energy efficiency programs is their City's lack of policies related to energy
management. The goal of the Municipal Energy BMPs Education project workshop series is to assist
cities develop energy action plans for Council adoption to manage energy more effectively. The City
of Chula Vista's C02 Reduction Plan will be used as a model for the workshops. By the end of the
fourth workshop, participating cities will have an Energy Action Plan to reduce their energy use.
7. Program Outcomes
The program is a savings, education and outreach program, which will deliver net energy savings, peak
demand savings and sustained efficiency at City facilities, for residents, multi-family housing units and at
other Cities.
The desired outcomes of the ECO Partnership are to:
o Enable the City to pursue energy efficiency projects and implement demand
response at City owned facilities,
o Enable residents to take action by educating residents about energy efficient
technology and energy conservation best management practices,
o Enable and motivate developers to invest in energy efficiency upgrades for
multi-dwelling units by expediting the City's plan review and permitting
process,
o Enable Southbay cities to institutionalize energy efficiency and conservation
into their practices by providing a step-by-step approach to developing and
implementing locally adopted policies.
8. Program Strategy "
The City will assign an Energy Administrator to oversee general management of the ECO Program. The
Energy Administrator will be responsible for coordinating with SDG&E, SDREO and other third party
provider staff to ensure ECO Program projects work plans are developed and implemented to meet
established goals and objectives. The Energy Administrator will also coordinate efforts with internal and
external partners to develop effective outreach and marketing material to ensure program clarity. The
program strategies that will be used are:
. Residential New Construction
. Residential Target Marketing
8.1.1 Program Strategy Description
Residential New Construction:
The program strategy for this part of the program is to expedite plan review and permitting to incent builders
to include more energy efficient measures into condos converted from apartments. The City will reach
condominium conversions developers by modifying plan review and permit applications to inform developers
about the expedite process.
Residential Target Marketing
There are several parts to this strategy. The first is to provide face-to-face energy efficiency and conservation
outreach to low income, elderly and other hard-to-reach customers. This will be done thorough mobile energy
efficiency and conservation outreach exhibits (ECa Exhibits) staffed by trained personneL The mobile ECO
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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Exhibits will be located at City facilities and at regional centers such as shopping centers and malls throughout
the Southbay. The second is to share lessons learned and best management practices (EMPs) with South bay
cities through a series of four workshops. The last element is to provide the City with funding to hire
dedicated energy staff. Energy staff funded by the partnership will develop retrofit projects for both new and
existing City buildings and facilities, working with SDG&E's Saving's by Design and Sustainable
Communities Program to design and build City facilities that are at least 20% more energy efficient than state
standards.
8.1.2 Program Indicators
Encourage condominium conversion developers to upgrade the energy efficiency of converted units by
committing to complying with applicable Title 24 requirements and by further incorporate measures that go
beyond Title 24 requirements by at least 10% or by reducing energy use for each unit
Increase public awareness by assisting an average of 160 people per day (average of 40 people per day at each
ECG Exhibit) access and participate in energy efficiency and conservation programs.
Sponsor and coordinate at least four energy efficiency and conservation workshops for cities every year. The
goal of the workshop series is to initially assist South Bay cities develop energy action plans to manage
energy.
Major program objectives for the ECG Program projects are as follows:
City Energy Efficient Facilities Showcase Project: Reduce the City's energy use by 5% per year for a
cumulative reduction of 15% by 2008 relative to 2005 energy use.
ECO Exhibit Project: Increase public awareness by assisting an average of 160 people per day (average of
40 people per day at each ECG Exhibit) access and participate in energy efficiency and conservation
programs.
Energy Efficient Housing Project: Encourage condominium conversion developers to upgrade the energy
efficiency of converted units by committing to complying with applicable Title 24 requirements and by further
incorporate measures that go beyond Title 24 requirements by at least 10% or by reducing energy use for each
unit by an .average of 515 kW-hr and IS therms per month. Participating developers will receive expedited
plan review and permitting. At least 500 condominiums per year will be targeted for upgrades for a total of
1,500 energy efficient condominiums by 2008.
Municipal Energy BMPs Education Project: Sponsor and coordinate at least four energy efficiency and
conservation workshops for cities every year. The goal of the workshop series is to initially assist South Bay
cities develop energy action plans to manage energy. By the fourth workshop, participating cities will have an
Energy Action Plan to reduce their energy use. Workshops will be targeted to east county cities in year 2 and
north county cities in year 3.
9. Program Objectives
Major program objectives for the ECG Program projects are as follows:
City Energy Efficient Facilities Showcase Project: Reduce the City's energy use by 5% per year for a
cumulative reduction of 15% by 2008 relative to 2005 energy use.
ECO Exhibit Project: Increase public awareness by assisting an average of 160 people 'per day (average of
40 people per day at each ECG Exhibit) access and participate in energy efficiency and conservation
programs.
Energy Efficient Housing Project: Encourage condominium conversion developers to upgrade the energy
efficiency of converted units by committing to complying with applicable Title 24 requirements and by further
28
.2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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incorporate measures that go beyond Title 24 requirements by at least 10% or by reducing energy llse for each
unit by an average of 515 kW-br and 15 therms per month. Participating developers will receive expedited
plan review and permitting. At least 500 cond8miniums per year will be targeted for upgrades for a total of
1,500 energy efficient condominiums by 2008.
Municipal Energy BMPs Education Project: Sponsor and coordinate at least four energy efficiency and
conservation workshops for cities every year. The goal of the workshop series is to initially assist South Bay
cities develop energy action plans to manage energy. By the fourth workshop, participating cities will have an
Energy Action Plan to reduce their energy use. Workshops will be targeted to east county cities in year 2 and
north county cities in year 3.
10. Program Implementation
The ECO Program consists of four projects to overcome barriers to implementing and participating in energy
efficiency and conservation programs. Each project aims to achieve energy efficiency and conservation
through a combination of energy efficiency retrofit projects at City facilities, public education and outreach at
high traffic community destinations, expedited plan review and permitting services for condominium
conversion projects and best management practices workshops for County cities. The projects and
implementation plans are described below:
a) City Energy Efficient Facilities Showcase Project
The goal of this element is to facilitate installation of energy efficiency measures
and development of efficiency and conservation outreach best management
practices (Bl'vlPs) for City facilities and employees by providing the City with
funding to hire dedicated energy staff. Energy staff funded by the partnership will
develop retrofit projects for City buildings and facilities. For existing facilities,
energy staff will work with the San Diego Regional Energy Office's (SDREO) to
participate in SDG&E's Energy Savings Bid Program. SDREO will assist the City
to assess opportunities through audits and identify incentives, development of an
implementation plan, access project incentives, develop a funding mechanism and
coordinate project execution to achieve energy savings. For new facilities, energy
staff will work with SDG&E's Saving's by Design and Sustainable Communities
Program to design and build City facilities that are at least 20% more energy
efficient than state standards. Energy staff will also work to develop, implement
and train City personnel about energy Bl'vlPs to improve energy conservation
practices by employees. The City's goal is to reduce baseline energy use at City
facilities by at least 5% per year. over the three-year period. The City's energy
goals are captured in SDG&E's Energy Savings Bid Program.
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2006.2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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b) ECO Exhibit Project
The goal oftbis element is to provide face-to-face energy efficiency and
conservation outreach to low income, elderly and other hard-to-reach
customers. This project will reach the target audience through mobile energy
efficiency and conservation outreach exhibits (ECO Exhibits) staffed by
trained personnel. The mobile ECO Exhibits will be located at City facilities
and at regional centers such as shopping centers and malls throughout the
Southbay and potentially countywide. Specifically, the mobile ECO Exhibits
locations will include but are not limited to a local City hall, at libraries,
recreational centers, police stations, local shopping centers and regional
shopping malls. The ECO Exhibits will be used to engage the target audience
to learn about energy efficiency and energy conservation. Trained personnel
will demonstrate energy efficient technology available in the marketplace to
residents, educate residents about low or no-cost energy conservation
practices, assist residents access programs offered by energy conservation
. program providers such as SDG&E and SDREO, allow residents to conduct
home energy audits via the internet and direct residents to EnergyStar
product retailers. The ECO Exhibits will also coordinate with SDG&E's
Hard-to-Reach Lighting Turn-in Program to market and provide a venue for
hard to reach customers to exchange inefficient lights for more efficient lights.
Lastly, the ECO Exhibits will serve as an outlet to recruit participants for
SDREO's Shade Tree Program.
c) Energy Efficient Housing Project:
The goal of this element is to improve the energy efficiency of existing multi-family
housing units that are proposed for conversion from apartments to condominiums by
providing expedited plan review and permitting services. The City will reach
condominium conversions developers by modifying. plan review and permit
applications to inform developers about the expedite process.
d) Municipal Energy BMPs Education Project
The goal oftbis element is to share lessons learned and BMPs with Southbay cities
through a series offour workshops. In November 2000, the City adopted a C02
Reduction Plan to reduce the City's greenhouse gas emissions. The C02 Plan's goals
are to reduce the City's reliance on fossil fuel and to improve the energy efficiency of
City buildings and facilities. Since 1990, the City has retrofitted and constructed
buildings and facilities that are more energy efficient than the State's conservation
standards (Title 24). The City will use existing forums and outlets to reach Southbay
cities. The City will use the C02 Plan as a model to encourage and assist other cities
develop their own strategic plan to achieve energy efficiency at their facilities and to
incorporate low or no cost energy conservation BMPs into how they do business. The
project's goal is to enable Southbay cities to develop and adopt strategic policies to
improve their energy efficiency and reduce their environmental impact.
11. Customer Description
City facilities and staff. residents, condominium conversion developers, Southbay cities in San Diego County
are eligible to participate in ECO Partnership programs.
12. Customer Interface
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. City Energy Efficient Facilities Showcase Project, The Energy Administrator will
coordinate internally with city staff to develop and implement retrofit projects for City
facilities. As described in the SDG&E's Energy Savings Bid Program, public agencies
including the City of Chula Vista will receive the following energy efficiency project
related services from the San Diego Regional Energy Office (SDREO) at no cost:
o Energy audits
o Technical assistance, and
o Incentive documentation/processing
. ECO Exhibit Project: The Energy Administrator will coordinate with SDREO,
SDG&E, cities and the County to develop and place the mobile ECO Exhibits in high
traffic locations. The ECO Exhibits staff will serve to engage customers to participate in
energy efficiency and conservation programs. ECO Exhibits customers will have an
opportunity to learn about energy efficient technology, receive information about low-or-
no cost energy conservation best management practices and receive direct assistance to
access offerings from other program providers.
. Energy Efficient Housing Project, The Energy Administrator will coordinate with
SDG&E and the City's Planning and Building staff to streamline the City's plan review
and permitting process application for condominium conversions projects. The Energy
Administrator will also act as a liaison between the City's Planning and Building staff
and developers to resolve any potential issues.
. Municipal Energy BMPs Education Project: The Energy Administrator will work
with SDREO and SDG&E to develop a series oHour workshops per year to assists cities
develop individual strategic plans to manage their energy use and budget more
effectively. The Energy Administrator will base the workshops on the City of Chula
Vista's C02 Reduction Plan. The C02 Plan guides the City's effort to reduce reliance on
fossil fuel, improve energy efficiency for buildings and vehicles and to reduce the City's
overall impact on the environment. The workshops will be marketed to cities through
existing working group technical committees such as San Diego County's Pollution
Prevention Committee and SANDAG's Energy Working Group.
13. Energy Measures and Program Activities
13.1. Prescriptive Measures
See SDG&E February 1, 2006 Filing Workbook.
13.2. kWh Level Data-
See SDG&E February 1, 2006 Filing Workbook.- Savings are included in the Energy Savings Bid
Program
13.3. Non-Energy Activities-
Audits. Education and Technical Assistance may be utilized
14. Subcontractor Activities
None
IS. Quality Assurance and Evaluation Activities
Quality assurance for city facilities projects will consist of on-site inspections by SDREO through
SDG&E's Energy Savings Bid Program. Quality assurance for condominium conversion projects
will consist of on-site inspections by SDG&E' s utility inspection department.
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2006-2008 CITY OF CHULA VISTA ENERGY EFFlCmNCY AND CONSERVATION
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An evaluation plan will be developed in accordance with the soon to be developed EM& V
Protocols. The CPUC Energy Division will be holding meetings, workshops and possibly
hearings throughout the summer to develop these Protocols. SDG&E looks forward to
participating and commenting on those activities and plans to file EM& V plans for all programs on
October 1,2005 in conjunction with the ED, CEC, and the other 10Us
16. Marketing Activities
The City will work with, SDREO, SDG&E, City of San Diego and the County of San Diego to
develop and distribute marketing material to promote the ECO Partnership Programs to target
customers through new and existing distribution channels. These channels will include but are
limited to the four mobile ECO Exhibits, governing board meetings, public access cable stations,
partner websites, partner publications (Chula Vista Spotlight), employee newsletters and ldcal
community newspapers.,
17. CPUC Objective
The Energy ECO Partnership between SDG&E and the City of Chula Vista is a community wide
effort that will enable the City, residents, developers and Southbay cities to implement sustainable
energy efficiency and conservation measures. The program supports the CPUC objectives of
ntinintizing lost opportunities and increasing the pursuit and implementation of cost-effective
energy efficiency.
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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EXHIBIT B
EM&VPLAN
[TO BE ATTACHED WHEN ISSUED BY THE COMMISSION]
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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EXHIBIT C
REPORTING REQUIREMENTS
1. Reporting
1.1 City shall provide SDG&E with the requisite information, in accordance with Section 9.4 of the
Agreement, on the prior month's activities, accomplishments and expenditures related to its respective
Authorized Work obligations, for purposes of preparing the Monthly, Quarterly and Annual Reports.
1.2 SDG&E shall provide City in accordance with the provisions of Section 25 of the Agreement, or
otherwise make available to City on SDG&E's website, a copy of the filed Monthly Report within five
(5) Business Days after filing.
2, Monthly Report
2.1 Program Data - A spreadsheet table or tables listing which includes the following information:
Program Costs (cost reported cumulative-fa-date (also referre~ to as inception-fa-date))
a. Program identification number as provided by the Program Administrator
b. Program name
c. Total cumulative program authorized budget as adopted by the Commission
d. Total cumulative program operating budget which includes any mid-course budget modifications
(e.g., fund shifts)
e. Total cumulative program expenditures
f. Total program expenditures for the report month
g. Total cumulative commitments (limited to incentive commitments)
Program Impacts (cost reported cumulative-ta-date (also referred to as inception-fa-date))
a. Total cumulative net kW, kWh, and Therm savings projections
b. Total cumulative achieved net kW, kWh and Therm savings
c. Total achieved net kW, kWh and Therm savings for the report month
d. Total committed (limited to incentive commitments) net kW, kWh and Therm savings
2,2 Program ChangeslNew Program Information
Ifapplicable, thefollowing information should be reported in the Monthly report:
a. Identification of program with operating budgets reduced during the report month
b. Identification of program with operating budgets increased during the report month
c. Identification of program terminated during the report month
3. Quarterly Report
3.1 Portfolio Benefit/Cost Metrics (Cumulative to Date)
a. Total cost to billpayers (TRC, administrative cost and incremental cost per the Standard Practice
Manual)
b. Total savings to billpayers (TRC)
c. Net benefits to billpayers (TRC)
d. TRC Ratio
e. PACRatio
f. Cost per kWh saved (centsIkWh) (PAC)
g. Cost per therm savings ($/therm) (PAC)
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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3.2 Measure List -A spreadsheet table for each program or program elementl containing each measure
installed, service rendered, or measure/service committed during the report month for which the
Program Implementer intends to claim savings. The Program Implementer should include any new
measures as part of the quarterly report. The list should display each measure as it is tracked and
recorded by the implementer and should include the following parameters at a minimum:
a. Name of Measure or Service Rendered
b. Measure or Service Description
c. DEER Measure ill (where applicable)
d. DEER Run ill (where applicable)
e. Unit Definition
f. Unit gross kWh savings
g. Unit gross Therms savings
h. Unit gross kW demand reduction
i. Incremental Measure Cost
j. Net to Gross Ratio
k. Effective Useful Life
1. Detailed end use classification (using classification scheme in section 6)
m. Quantity Installed during report period
n. Quantity Committed during report period
o. Rebate amount paid
p. Market Sector classification (using classification scheme in section 6)
q. Market Segment classification (using classification scheme in section 6)
3.3 Expenditures for the program per cost reporting format below (Appendix to Attachment contains list
of allowable costs) :
a. Commission Authorized Budget
b. Operating Budget
c. Total Expenditures
. i. . Administrative Cost
ii. Marketing/Advertising/Outreach Costs
Ill. Direct Implementation
3.4 GBI Report - Progress towards achieving goals of the Green Building Initiative, if applicable
(Cumulative results)
a. Estimate of expenditures on program activities that contribute towards GBI goals (including both
public and non-public commercial participants)
b. Net cumulative achieved kW, kWh and Therm savings contributing towards GBI goals.
c. Net achieved kW, kWh and Therm savings contributing towards GBI goals for the quarter.
d. A description of non-resource program activities that support the Green Building Initiative,
including marketing and outreach activities.
e. Estimate of square footage affected by program activities supporting the Green Building Initiative
f. Items b, c and e above disaggregated by:
i. 2-digit NArCS code
ii. Aggregated end use classification (using classification scheme in section 5)
3.5 Program Narratives - For the program, a description of the program activities occurring during the
quarter.
a. Administrative activities
b. Marketing activities
1 Identification of distinct programs and program elements may be determined by CPUC staff at a
later time.
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2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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c. Direct Implementation activities
d. City's assessment of program performance and program status (is the program on target, exceeding
expectations, or falling short of expectations, etc.)
e. For non-resource programs and program elements (programs or program elements that are not
claiming direct energy impacts), a discussion of the status of program achievements.
f. Discussion of changes in program emphasis (new program. elements, less or more emphasis on a
particular delivery strategy, program elements discontinued, measure discontinued, etc.)
g. Discussion of near term plans for program over the coming months (e.g., marketing and outreach
efforts that are expected to significantly increase program participation. etc.)
h. Changes to staffmg and staff responsibilities, if any
i. Changes to contacts, if any
j. Changes to subcontractors and subcontractor responsibilities, if any
k. Number of customer complaints received
1. Program Theory and Logic Model if not already provided in the program's implementation plan,
or if revisions have been made.
3.6 Utility Quarterly Reports - SDG&E shall provide City a copy of the filed Quarterly Report within
two (2) Business Days after filing with the Commission in accordance with the provisions of the
Agreement.
4. Annual Reports
The format and content of the armual report is expected to be developed by the CPUC in fall 2006. The Program
Implementer will be required to fulfill these reporting obligations for their program.
5. Reporting Terminology Def"mitions
Adopted Program Budget - The program budget as it is adopted by the Commission. Inclusive of costs (+/-)
recovered from other sources.
Operating Program Budget - The program budget as it is defined by the program administrators for internal
program budgeting and management purposes. Inclusive of costs (+1-) recovered from other sources.
Direct Implementation Expenditures - Costs associated with activities that are a direct interface with the customer
or program participant or recipient (e.g., contractor receiving training). (Note: This is still an open issue, the items
included in this definition may be changed by the CPUC pending discussion on the application of the State's
Standard Practice Manual.)
Report Month - The month for which a particular monthly report is providing data and information. For example.
the report month for a report covering the month of July 2006, but prepared and delivered later than July 2006,
would be July 2006.
Program Strategy - The method deployed by a program in order to obtain program participation.
Program Element - A subsection of a program, or body of program activities within which a single program
strategy is employed. (Example: A body of program activities employing both an upstream rebate approach and a
direct install approach is not a single program element.)
6. Measure Classification
Measure End-Use Classification
Each energy efficiency measure reported should be classified into one of the following end-use categories
36
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
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Residential End Uses
Detailed End Use
Clothes Dryer
Clothes Washer
Consumer Electronics
Cooking
Dishwasher
Other Appliance
Building Shell
Space Cooling
Space Heating
Interior Lighing
Exterior Lighting
Pool Pump
Freezers
Refrigeration
Water Heating
Other (User Entered Text String Description)
Nonresidential End Uses
Detailed End Use
Building Shell
Space Cooling
Space Heating
Ventilation
Daylighting
Interior Lighting
Exterior Lighting
Office Equipment
Compressed Air
Cooking
Food Processing
Motors
Process Cooling
Process Heat
Process Steam
Pumps
Refrigeration
Other (User Entered Text String Description)
Aggregated End Use
Appliances
Appliances
Consumer Electronics
Cooking Appliances
Appliances
Appliances
HVAC
HVAC
HVAC
Lighting
Lighting
Pool Pump
Refrigeration
Refrigeration
Water Heating
Other
Aggregated End Use
HVAC
HVAC
HVAC
HVAC
Lighting
Lighting
Lighting
Office
Process
Process
Process
Process
Process
Process
Process
Process
Refrigeration
Other
Measure Market SectorlMarket Segment Classification
Where reports require market sector or market segment classification, the following classification scheme should be
llsed.
Market Sector
Residential
Single Family
Multi Family
Mobile Homes
Market Segment
NA
NA
NA
NA
37
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAM AGREEMENT
22-45
Nonresidential
Commercial
Industrial
Agricultural
Unknown
NAICS CODE (greater than 2 digit not required)
NAICS CODE (greater than 2 digit not required)
NAICS CODE (greater than 2 digit not required)
NAICS CODE (greater than 2 digit not required)
NA
7. Allowable Costs
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-funded energy
efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to"be
categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no
cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or
reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program
administrator should be contacted in order for the administrator to seek approval from the CPUc.
3/30/2006
Cost Catec:iories Allowable Costs
Administrative Cost Category "
Managerial and Clerical Labor
IOU Labor - Clerical
IOU Labor - Program Desiqn
IOU Labor - Proqram Development
IOU Labor - Program Planninq
IOU Labor - Proaram/Project Manaaement
IOU Labor - Staff Manaaement "
IOU Labor - Staff Supervision
Subcontractor Labor - Clerical
Subcontractor Labor - Program Desian
Subcontractor Labor - Proqram Development
Subcontractor Labor - Program Planning
Subcontractor Labor - Program/Project Management
Subcontractor Labor - Staff Manaoement
Subcontractor Labor - Staff Supervision
Human Resource Support and DeveloDment
IOU Labor - Human Resources
IOU Labor - Staff Development and Trainino
IOU Benefits - Administrative Labor
IOU Benefits - Direct Implementation Labor
IOU Benefits - Marketina/Advertisina/Outreach Labor
IOU Payroll Tax - Administrative Labor
IOU Payroll Tax - Administrative Labor
IOU Payroll Tax - Administrative Labor
IOU Pension - Administrative Labor
IOU Pension - Direct Implementation Labor
IOU Pension - Marketinq/Advertisina/Outreach Labor
Subcontractor Labor- Human Resources
Subcontractor Labor - Staff Develooment and Trainina
Subcontractor Benefits - Administrative Labor
Subcontractor Benefits - Direct Implementation Labor
Subcontractor Benefits - Marketino/Advertisino/Outreach Labor
Subcontractor Pavroll Tax - Administrative Labor
Subcontractor Payroll Tax - Direct Implementation Labor
38
2006-2008 CIIT OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAM AGREEMENT
22-46
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-funded energy
efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be
categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no
cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or
reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program
administrator should be contacted in order for the administrator to seek annfOval from the CPUC.
3/3012006
Cost Categories Allowable Costs
Subcontractor Pavroll Tax - Marketina/AdvertisiM70utreach Labor
Subcontractor Pension - Administrative Labor
Subcontractor Pension - Direct Imoiementation Labar
Subcontractor Pension - MarketinalAdvertisinn/Outreach Labor
Travel and Conference Fees
IOU Conference Fees
IOU Labor - Conference Attendance
iOU Travel - Airfare
IOU Travel - Lodaina
IOU Travel - Meals
IOU Travel - Mileaae
IOU Travel. Parkinq
IOU Travei - Per Diem for Misc. Expenses
Subcontractor - Conference Fees
Subcontractor Labor - Conference Attendance
Subcontractor - Travel - Airfare
Subcontractor - Travel - Lodgina
Subcontractor - Travel - Meals
Subcontractor - Travel - Mileage
Subcontractor - Travel - Parking
Subcontractor - Travel - Per Diem for Misc. Exoenses
Overhead (General and Administrative) - Labor and Materials
IOU Eauioment Communications
IOU Equipment Computing
IOU Eauioment Document Reproduction
IOU Equipment General Office
IOU EauiPment Transportation
IOU Food Service
IOU Office Supplies
IOU Postaqe
IOU Labor - Accountina Support
IOU Labor - Accounts Payable
IOU Labor - Accounts Receivable
IOU Labor - Administrative
IOU Labor - Facilities Maintenance
IOU Labor - Materials Management
IOU Labor - Procurement
IOU Labor - Shop Services
IOU Labor - Transportation Services
IOU Labor - Automated Svstems
IOU Labor - Communications
IOU Labor - Information Technoloa\l
IOU Labor - Telecommunications
39
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAM AGREEMENT
22-47
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-funded energy
efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be
categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet. then no
cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or
reported to the program administrator. If there is a desire to include additional Allowable Cost elements, the program
administrator should be contacted in order for the administrator to seek approval from the CPUc.
3/3012006
Cost CateQories Allowable Costs
Subcontractor Equipment Communications
Subcontractor Equipment Computing
Subcontractor Equipment Document Reproduction
Subcontractor Eouipment General Office
Subcontractor Equipment Transportation
Subcontractor Food Service
Subcontractor Office Supplies
Subcontractor Postaoe
Subcontractor Labor - Accounting Support .
Subcontractor Labor - Accounts Payable
Subcontractor Labor - Accounts Receivable
Subcontractor Labor - Facilities Maintenance
Subcontractor Labor - Materials Manaoement
Subcontractor Labor - Procurement
Subcontractor Labor - Shop Services
Subcontractor Labor - Administrative
Subcontractor Labor - Transportation Services
Subcontractor Labor - Automated Systems
Subcontractor Labor - Communications
SubContractor Labor - Information Technology
Subcontractor Labor - Telecommunications
Marketin<l/Advertising/Outreach Cost Cate<lorv
IOU - Advertisements/ Media Promotions
IOU - Bill Inserts
IOU - Brochures
IOU - Door Hanoers
IOU - Print Advertisements
IOU - Radio Spots
IOU - Television Spots
IOU - Website Development
IOU Labor - Marketino
IOU Labor - Media Production
IOU Labor - Business Outreach
IOU Labor - Customer Outreach
IOU Labor - Customer Relations
Subcontractor - Bill Inserts
Subcontractor - Brochures
Subcontractor - Door Hanoers
Subcontractor - Print Advertisements
Subcontractor - Radio Spots
Subcontractor - Television Spots
Subcontractor - Website Development
Subcontractor Labor - Marketino
40
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAM AGREEMENT
22-48
Allowable Costs Table
The cost items listed on the Allowable Costs sheet are the only costs that can be claimed for ratepayer-funded energy
efficiency work. The costs reported should be only for costs actually expended. Any financial commitments are to be
categorized as commitments. If the reporting entity does not have a cost as listed on the cost reporting sheet, then no
cost is to be reported for that item. These Allowable Cost elements are to be used whenever costs are invoiced or
reported to the program adminisl;rator. If there is a desire to include additional Allowable Cost elements, the program
administrator should be contacted in order for the administrator to seek approval from the CPUc.
3/30/2006
Cost Categories Allowable Costs
Subcontractor Labor - Media Production
Subcontractor Labor - Business Outreach
Subcontractor Labor - Customer Outreach
Subcontractor Labor - Customer Relations
Direct Implementation Cost Cateaorv
Financial Incentives to Customers
Activitv . Direct Labor
IOU Labor - Curriculum Development
IOU Labor - Customer Education and Trainino
IOU Labor - Customer Equipment Testino and Diaanostics
iOU Labor - Facilities Audits
Subcontractor Labor - Facilities Audits
Subcontractor Labor - Curriculum Deveiopment
Subcontractor Labor - Customer Education and Trainino
Subcontractor Labor - Customer Equipment Testino and Diaqnostics
Installation and Service. Labor
IOU Labor - Customer Equipment Reoair and Servicino
IOU Labor - Measure Installation
Subcontractor Labor - Customer Eauiament Repair and Servicino
Subcontractor Labor - Customer EquTOment Repair and Servlclna
Direct ImDlementation Hardware and Materials .
IOU Audit Applications and Forms
IOU Direct Implementation Literature
IOU Education Materials
IOU Eneroy Measurement Toois
IOU Installation Hardware
Subcontractor - Direct Implementation Literature
Subcontractor - Education Materials
Subcontractor - Enerqy Measurement Tools
Subcontractor - Installation Hardware
Subcontractor -Audit Applications and Forms
Rebate Processina and Inspection' Labor and Materials
IOU Labor - Field Verification
IOU Labor - Site Inspections
IOU Labor - Rebate Processinq
IOU Rebate Applications
Subcontractor Labor - Field Verification
Subcontractor Labor - Rebate processino
Subcontractor - Rebate Applications
41
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAM AGREEMENT
22-49
EXIllBIT D
MITLESTONESCHEDULE
City shall achieve, during each Program year, the following targets by December 31 of such
Program year:
Municipal Energy BMP Education Project
. Recruit & Hire internsfTemporary Expert Professionals
. Identify Interested Local Government Peer Sectors
. Contact & Survey Local Governments
· Develop Potential Workshop-Outreach Activity Schedule-Peer Input
· Conduct Targeted Workshop-Activities - that Foster Local Energy Plans
. Conduct Remaining Workshops-Activities
. Evaluate
. Identify Targets for Future Productive Outreach Activities
· Monitor Status, Record Quarterly Report and Evaluation Data
ECO Exhibit Project
. Recruit & Hire InternsfTemporary Expert Professionals
· Create Exhibit Plan & Seek Approval from all Parties
. Order Exhibit Displays and Graphics
. Establish Distribution Strategy & Schedule
. Distribute Exhibits and Implement Schedules-
. Ongoing Support & Maintenance of Exhibits
· Implement Resident Outreach Projects to Supplement Exhibits
· Monitor Status, Record Quarterly Report and Evaluation Data
Energy Efficient Housing Small Business and Mixed Use Project
. Recruit & Hire intemsfTemporary Expert Professional
. Establish Program Incenti ves
. Apply Incentives to Existing City Programs
· Coordinate, Communicate with Development Staff for Future Eligible Project
· Implement Projects Adequate to Meet Kilowatt & Therm Reduction Objectives,
· Monitor Status, Record Quarterly Report and Evaluation Data
City Energy Efficient Facilities Showcase Project
. Recruit & Hire Staff
42
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAM AGREEMENT
22-50
· Identify and Prioritize FacilitiesfTechnologies/Services and Policies with Greatest
Potential to Meet or Exceed Targeted Energy Reduction Goals
· Develop Contract/Service Agreements
. Implement Project Priorities
· Monitor Status, Record Quarterly Report and Evaluation Data
43
2006-2008 CITY OF CHULA VISTA ENERGY EFFICIENCY AND CONSERVATION
OUTREACH PROGRAM AGREEMENT
22-51
RECEIVED
Mayor and City Council '06
City Of Chuta Vista AUG 23 AlO :15
276 Fourth Avenue
Chula Vista, Ca 91910
619.6915044 - 619476.5379 (iffY OF CHULA VIS u,
Gl:1'Y CLERK'S OFFICF
MEMO
C1lY OF
CHULA VISTA
Tuesday, August 22,2006
TO:
Lorraine Bennett, City Clerk
~
FROM:
Zaneta Salde Encarnacion, Constituent Services Manager
RE:
Commission Appointments
Mayor Padilla would like to recommend the following individuals for appointment to fill
vacancies on the following city commissions:
. Patricia Moriarty to fill vacancy on the Safety Commission left by Mr. John Willett.
. Jolyn DePriest to fill vacancy on the Human Relations Commission left by Mr. Anthony
Jemison.
. Kathleen Marshall to fill vacancy on International Friendship Commission left by Michie
Crockett.
. William Canedo to fill vacant At-large member position on the Nature Center Board of
Trustees.
Cc: Tom Oriola, Chief of Staff
Mayor Stephen C. Padilla
:;fL ou+
?ii{S II Ole
)t/- -I