HomeMy WebLinkAboutAgenda Packet 1995/04/18
Tuesday, April 18, 1995
6:00 p.m.
"I declsn un~er pena:ty 0; pe~;ury that j alll
em;)lo',:e,: O? the Ci~~/ of Chu:a Vista in the
O,dea : ~'it:;- eler:, anJ that I posted
Lis A',el1,al;~o:i~e on the Bullelin Board at
the Puioli~yj~ldin~ and at ity alt Couneil Chambers
DATED. SIGNED ~/ Public Services Building
Relmlar Meetin2 of the Citv of Cbula Vista ltv Council
CALL TO ORDER
1.
ROLL CALL:
Counci1members Moot _' Padilla _, Rindone _' and Mayor Horton_.
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
April 4, 1995 (City Council Meeting) and April 4, 1995 (Joint City
Council /Redevelopment Agency Meeting).
4. SPECIAL ORDERS OF THE DAY:
a. Proc1amation commending Bethany Jenkim on her participation in the California Junior
Miss Program in the City. The proclamation will be presented by Mayor Horton.
b. Proclaiming the month of April 1995 as "Fair Housing Month" in the City. The proclamation
will be presented by Mayor Horton.
c. Proc1aiming the month of April 1995 as "Teaching Toxics Month" in the City. The
proclamation will be presented by Mayor Horton.
d. Proc1aiming the week of April 9 through April 15, 1995 as "Te1ecommunicatiom Week" in
the City. The proclamation will be presented by Mayor Horton.
e. Proclaiming the week of May 10 through May 14, 1995 as "U.S. Navy Anned Guard Days."
The proclamation will be presented by Mayor Horton.
f. Presentation to City Council regarding the Police Department's first place finish Baker to
Vagas 120 mile relay race.
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City CouncU must now
reconvene into open session to report any JingJ actions taken in closed session and to a4ioum the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported wUl be recorded in the minutes which wUl be available in the City Clerk's Office.
**""**
CONSENT CALENDAR
(Items 5 through 14)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the CouncU by one motion without discussion unless a CouncUmember, a member of the public or City staff
requests that the item be pulled for discussion. 1/ you wish to speak on one of these items, please flU out a
"Request to Speak Form" available in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation,' complete the pink form to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
Agenda
-2-
April 18, 1995
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attnrney stating that, as a result of deliberations that occurred in
Closed Session on 4/4195, the City Council authorized the City Manager to demand and
commence arbitration contingently, as he deems appropriate, in the Metro Sewer Billing
matter. Except for the foregoing, there was no other observed reportable action taken by
the City Council in Closed Session. It is recommended that the letter be received and filed.
b. Letter of resignation from the Planning Commission - Thomas A. Martin, 1438 Platano Ct.,
Cbula Vista, CA 91911. It is recommended that the resignation be accepted with regret and the
City Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and
the Public Library.
c. Letter requesting an ordinance be written prohibiting people from congregating in front of
or on property of any business for the sake of seeking "that day's" employment. Manuel
Adler, President, Royal Carpet Warehouse & Interiors, 45 North Fourth Ave., Cbula Vista, CA
91910. It is recommended that the request be referred to staff for report and recommendation.
d. Letter of resignation from the Youth Commission - Julia Wubenhorst, 518 Elm Ave., Chula
Vista, CA 91910. It is recommended that the resignation be accepted with regret and the City
Clerk be directed to post immediately according to the Maddy Act in the Clerk's Office and the
Public Library.
6. RESOLUTION 17862 ACCEPTING DONATION, AUTHORIZING EXPENDITURE AND
APPROPRIATING SAID DONATED FUNDS TO PURCHASE A SNIPER
RIFLE FOR THE POLICE DEPARTMENT'S SPECIAL WEAPONS AND
TACTICS TEAM - On 2/7/95, the Police Department received an unsolicited
$1,300 donation from the North Island Feders! Credit Union. The donation was
designated for the purchase of a sniper rifle for the S.W.A.T. Team. Staff
recommends approval of the resolution. (Chief of Police) 4/5th's vote
required.
7. RESOLUTION 17863 AUTHORIZING TEMPORARY STREET CLOSURES ON MAY 13, 1995,
FOR AN ORGANIZED MARCH SPONSORED BY A LOCAL
COMMITTEE OF THE NATIONAL MARCH FOR JESUS
ORGANIZATION - The South Bay Pastoral Steering Committee of the
National March for Jesus organization is requesting permission to conduct an
organized March forJesus on May 13, 1995. Staff recommends approval of the
resolution. (Chief of Police and Director of Parks and Recreation)
8. RESOLUTION 17864 AUTHORIZING SUBMISSION OF FISCAL YEAR 1995/96
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.0 CLAIM
The fiscal year 1995/96 Transportation Development Act Article 4.0 claim to
support Cbula Vista Transit operations and capital procurements is in the amount
of $3,984,630. Staff recommends approval of the resolution. (Director of
Public Works)
9. RESOLUTION 17865 APPROVING SUBMISSION OF FISCAL YEAR 1995/96
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE 4.5 CLAIM
FOR HANDYTRANS OPERATION - The claim to support Handy trans
operation during fiscal year 1995/96 is in the amount of $172,690. Staff
recommends approval of the resolution. (Director of Public Works)
Agenda
-3-
April 18, 1995
10. RESOLUTION 17866 APPROVING AGREEMENT WITH THE COUNTY OF SAN DIEGO FOR
PUBLIC TRANSPORTATION SERVICES FOR FlSCAL YEAR 1995/96,
AND AUTHORIZING THE MAYOR TO EXECUTE SAME -The agreement
authorizes the City to claim $99,743 of County Transportation Development Act
Article 4.0 funds for Chula Vista Transit services in the unincorporated area
during fiscal year 1995/96. Staff recommends approval of the resolution.
(Director of Public Works)
11. RESOLUTION 17867 WA1VING THE CONSULTANT SELECTION PROCESS AND
APPROVING AGREEMENT WITH INFRASTRUCTURE
MANAGEMENT SERVICES, INC. (IMS) FOR PAVEMENT
TESTING/CONDITION ANALYSIS, DATA COLLECTION, AND
MANAGEMENT SERVICES - The City's pavement condition field data is
outdated and new testing/data is required for the entire street network.
Infrastructure Management Services, Inc. (IMS) is the company that performed
the original pavement testing in the late 1980's. IMS is the only company that
can update the Pavement Management System data and provide IMS compatible
software updates. Staff recommends approval of the resolution. (Director of
Public Works)
12. RESOLUTION 17868 GRANTING AN EASEMENT TO SDG&E FOR ELECTRICAL
FACILITIES WITHIN AN OPEN SPACE ADJACENT TO TERRA NOVA
DRIVE IN RANCHO DEL REY SPA n, PHASE 2, UNIT NUMBER 3
(TRACT NUMBER 89-5) AND AUTHORIZING THE MAYOR TO
EXECUTE SAID EASEMENT ON BEHALF OF THE CITY - SDG&E has
submitted a request to obtain an easement within a City open space lot to install
an underground utility vault and conduit for underground electrical lines, which
are part of the system providing electrical service to the residential subdivision
designated as Tract Number 89-5. Staff recommends approval of the resolution.
(Director of Public Works and Director of Parks & Recreation)
13. RESOLUTION 17869 AUTHORIZING TEMPORARY STREET CLOSURES ON MAY 27, 1995,
FOR A 5K/I0K ROAD RACE SPONSORED BY THE BONITA ROAD
RUNNERS - The Bonita Road Runners organization is requesting permission
to conduct a 5K and 10K road race around Rohr Park on Saturday, 5/27/95.
Staff recommends approval of the resolution. (Director of Parks and
Recreation)
14. REPORT CULTURAL ARTS FESTIVAL - 1996 - On 2/28/95, during discussion of
City-sponsored special events, Council directed staff to develop a plan for
combining the resources of Winterfest, the Cultural Arts Festival, and the
Community Pride Fair into one premier event. Staff recommends Council
approve the continuation of planning and implementation of the 1995 Cultural
Arts Festival scheduled for 5/20/95, and support a concept plan and proposed
budget for a Cultural Arts Festival in 1996, combining available City resources
from Winterfest, the CnItura1 Arts Festival, and the Community Pride Fair.
(Director of Parks and Recreation)
.. .. END OF CONSENT CALENDAR .. ..
Agenda
-4-
April 18, 1995
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The foUowing items have been adverlised and/or posted as publie hearings as required by Illw. 1/you wish to
speak to any item, puase flU out the "Request to Speak Fonn" availllbu in the lobby and submit it to the City
Curk prior to the meeting. (Compute the green fonn to speak in favor of the stoff recommendation; compute
the pink fonn to speak in oppositllln to the stoff recommendation.) Comments are Umited to jive minutes per
individlUll.
15.
PUBLIC HEARING
CONSIDERING WAIVING OF PLAN CHECK AND PERMIT FEES FOR
CONSTRUCTION OF PRIVATE STORM DRAIN AT DON LUIS
MOBILE ESTATES - Luis Cacho, Sr., owner of Don Luis Mobile Estates,
requested assistance with construction of a private storm drain and that plan
check and permit fees for said construction be waived. The proposed storm
drain will be a connecting link between an existing public storm drain which
flows into a small natural channel and an existing private storm drain on Mr.
Cacho's property. The City proposes to participate in the construction by
providing funds in the amount of $5,400 for the construction of two c1eanouls.
Mr. Cacho will assume the majority of the cost and will enter into an agreement
for said construction and maintenance. Staff recommends approval of the
resolution. (Director of Public Works)
RESOLUTION 17870 WAIVING PLAN CHECK AND PERMIT FEES FOR CONSTRUCTION
OF PRIVATE STORM DRAIN AT DON LIDS MOBILE ESTATES,
APPROVING AGREEMENT WITH DON LUIS MOBILE ESTATES FOR
CONSTRUCTION AND MAINTENANCE OF A PRIVATE STORM
DRAIN AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT, AND APPROPRIATING $5,400 FROM THE
UNAPPROPRIATED BALANCE OF FUND 227, STORM DRAIN
REVENUE FUND TO DRI24 - STORM DRAIN DON LUIS MOBILE
ESTATES. 4/5th's vote required.
16.
PUBLIC HEARING
FORMATION OF ASSESSMENT DISTRICT NUMBER 94-1 (EASTLAKE
GREENS II) - On 2/28/95, Council adopted the Resolution of Intention to order
the acquisition and financing of certain infrastructure serving the EastLake
Greens II properties pursuant to the Municipal Improvement Act of 1913. On
the same date, Council adopted the resolution giving preliminary approval to the
Engineer's Report for Assessment District Number 94-1 (EastLake Greens II)
and selling public hearings for 4/4/95 and 4/18/95 for the purpose of hearing
public testimony. The first public hearing was held on 4/4/95. Staff
recommends the DubHc heariml be ooened and continued to 4/25/95.
(Director of Public Works)
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council's jurisdiction thnt is !Yl1 an item on this agenda for public discussion. (State Illw, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) 1/ you wish to
address the Council on such a subject, puase complete the yellow "Request to Speak Under Oral Communications
Fonn" availllbu in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
puase give your name and address for record purposes and follow up action. Your time is Umited to three
minutes per speaker.
Agenda
-5-
April 18, 1995
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the C/Jy CouncU wUl consider iJems which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or CommiJtees.
None submitted.
ACTION ITEMS
The iJems Usted in this section of the agenda are expected to eUciJ substantinl discussions and deUberations by
the Council, sttifl, or members of the general pubUc. The iJems wUl be considered individually by the CouncU
and sta/frecommendations may in certain cases be presented in the alternative. Those who wish to speak, please
jiJJ out a "Request to Speak" fonn available in the lobby and submiJ iJ to the C/Jy Cleric prior to the meeting.
Public comments are UmiJed to Jive minutes.
17. RESOLUTION 17871 REQUESTING THAT COUNCIL APPROVE IN CONCEPT AN
AGREEMENT WITH THE EASTLAKE DEVELOPMENT COMPANY
THAT WOULD REQUIRE EASTLAKE TO TRANSFER ECONOMIC
INCENTIVES TO A mGH TECH COMPANY LOCATING IN THE mGH
TECH/BIOTECH ZONE IN EXCHANGE FOR THE CITY PROVIDING
CERTAIN CONCESSIONS TO EASTLAKE, AND DIRECTING STAFF
TO RETURN WITH A WRITTEN AGREEMENT FOR CITY COUNCIL
ADOPTION - Council has created a High Tech/Biotech Zone within the
EastLake Business Park. The purpose of the Zone is to offer incentives to
attract high technology, biotechnology, and biomedical firms in order to capture
jobs and tax revenues. The Zone is being implemented with the EastLake
Development Company as a highly creative public-private partnership. Staff
recommends approval of the resolution. (Director of Community Development)
18. REPORT UPDATE ON REGIONAL SEWER ISSUES - An oral report will be given
by staff.
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City CouncU wUl discuss items which have been removed from the Consent Calendar.
Agenda iJems pulled at the request of the public wUl be considered prior to those pulled by CouncUmembers.
PubUc comments are UmiJed to Jive minutes per individual.
OTHER BUSINESS
19. CITY MANAGER'S REPORTIS\
a. Scheduling of meetings.
"
;;
Agenda
-6-
April 18, 1995
20. MAYOR'S REPORTlS)
a. Ratification of appointment: David Hirsch - Cultural Arts Commission.
b. Appointment of Council representative to various Council committees. Continued from the
meeting of 4/4/95.
c. Boards/Committees/Commissions.
21. COUNCIL COMMENTS
Councilmember Rindone
a. Investigate the option of disposing Chula Vista solid waste at Campo Landfill under a fail-safe/no
risk agreement with Mid-America.
b. Fuel cell powered transit bus project.
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) a Special Meeting on Wednesday, April 19, 1995, at
5:00 p.m. in the Council Conference Room and thence to the Regular City Council Meeting on April2S, 1995 at
6:00 p.m. in the City Council Chambers.
A Meeting of the Redevelopment Agency will be held immediately following the City Council meeting.
*****
CLOSED SESSION
Unless the City Attorney, the City MaTUlger or the City Council states otherwise at this time, the Council will
discuss and deliberate on the following items of business which are pennitted by law to be the subject of a clased
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of JiBJJJ action
taken in clased session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be tenniTUlted at this point in order to save costs so that the Council's return from
closed session, reports of JiBJJJ action taken, and adjournment wiU not be videotaped. Nevertheless, the report
01 jinal action taken will be recorded in the minutes which will be available in the City Clerk's Olfice.
22. CONFERENCE WITH LEGAL COUNSEL REGARDING:
1. Existing litigation pursuant to Govenunent Code Section 54956.9
. Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
Agenda
-7-
April 18, 1995
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 2.
. Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EP A
lawsuit.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Go.. or designee for CVEA, WCE, Executive Management, Mid-
Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
23. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*...
April 12, 1995
SUBJECT :
The Honorable Mayor and City Council
John D. Goss, City Manager~f{,
city Council Meeting of APrf~ 18, 1995
TO:
FROM:
This will transmit the agenda and related materials for the regular
city Council meeting of Tuesday, April 18, 1995. Comments
regarding the Written communications are as follows:
5a. This is a letter from the City Attorney stating that, as a
result of deliberations that occurred in Closed Session on
4/4/95, the City council authorized the city Manager to demand
and commence arbitration contingently, as he deems
appropriate, in the Metro Sewer billing matter. Except for
the foregoing, there was no other observed reportable action
taken by the city Council in Closed Session.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
5b. IT IS RECOMMENDED THAT THOMAS MARTIN'S RESIGNATION FROM THE
PLANNING COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLERK
BE DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN
THE CLERK'S OFFICE AND THE PUBLIC LIBRARY.
5c. This is a letter from Manny Adler, President of Royal Carpet
Warehouse & Interiors, requesting an ordinance be written
prOhibiting people from congregating in front of or on
property of any business for the sake of seeking "that day's"
employment. IT IS RECOMMENDED THAT THIS REQUEST BE REFERRED
TO STAFF FOR REPORT AND RECOMMENDATION.
5d. IT IS RECOMMENDED THAT JULIA WUBENHORST'S RESIGNATION FROM THE
YOUTH COMMISSION BE ACCEPTED WITH REGRET AND THE CITY CLERK BE
DIRECTED TO POST IMMEDIATELY ACCORDING TO THE MADDY ACT IN THE
CLERK'S OFFICE AND THE PUBLIC LIBRARY.
JDG:mab
~ta, Gdifintia
COMMENDING BETHANY JENKINS
ON HER PARTICIPATION IN THE CAUFORNIA JUNIOR MISS PROGRAM
IN THE CITY OF CHUlA VISTA, CAUFORNIA
WHEREAS, America'. Junior Miss program provides opportun/lies for young
women to earn scholarships towlIrd furthering their education; 8nd
WHEREAS, partlclpanIa we eelected beHd on lCholastlc IidlJ8I.Oh_ fitness,
panel evalualion, presence end composure, end creative III'ld petformlng 1Il1s; III'ld
WHEREAS, on March 19, 1995, Bethany Jenkln., a Chula Vista High School
student, was named Chula Vista', Junior MilS at Rllncho Bemorclo High Schoollll'ld will
represent Chula Vista end San Olego County In Rohnert Park, August 19, 1995, to
compete for the title 0/ CeJHomJa Junior Miss:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor 0/ the City of Chula Vista,
California. do hereby COMMEND BETHANY JENKINS on her significant achi~
In the 1995 CAUFORNIA JUNIOR MISS PROGRAM III'ld extend personal belt wishes
for continued success in all her future endeavors.
. ,1Jtdd" tlis~rfry g' ::t4pN.L 19!J5..
~tl.:1~
Jj Cl - / CJJt~or!ft!il. tiff!f altfa'ViSta.
,
April 6, 1995
MEMO TO:
Carla Griffin, City Clerk's Office
FROM:
Patricia Salvacion, Mayor/Council Office
SUBJECT:
AGENDA ITEM .SPECIAL ORDERS OF THE DAY. APRIL 18,1995
PROCLAMATION TO THE FAIR HOUSING COUNCIL
In honor of April being Fair Housing Month, the Fair Housing Council would like a
proclamation presented to them at the Council meeting of April 18, 1995.
At this time they do not know who will be accepting the proclamation. Mary Scott Knoll,
Executive Director of the Fair Housing Council, will call our office to give us the name
of their representative as soon as she knows who it will be.
Ms. Knoll is also aware that a representative will need to be at the Council Chambers on
that date at 6:00 p.m.
*sample proclamation attached
L/6 -- /
"
PROCLAIMING THE MONTH OF APRIL 1_ AS
FAIR HOUSING MONTH
IN THE CITY OF CHULA VISTA, CAUFORNIA
WHEREAS, AprIl 1995 mIII1<s the twenty.....enth IMiverNry of !he CM1 RIghts
Ad of 1968 which guer~ eqUlll hou8ing oppor1Unltlea for.u; ~
WHEREAS, 1here .. just laws 8t!he 8lIte end national level which prohibit
dIsalmlnation in !he llIIe, RntaI. merkeling or tInancIng of houIlng; ~
WHEREAS, it is !he solemn ~ IWOl'l\ duly of government 8t e11llM11a to p1otec1
..,d defend !he rights of ell ita cItizenI ad oppose hou8ing dllcrimlnation ~ end
wher_ it OCCUI'I; end
WHEREAS, delpite ell of the laws ~ polIcIea. Hgreg8led hou8ing pIIIIerrIa end
barrierl to eqUlll hou8ing 11:< II' stilll'llll'l8ln:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the City of Chula ViIta,
Celi1ornia, do hereby proclaim the month of April 1995 as FAIR HOUSING MONTH in
the CIty of Chula ViIta.
$)akd" tkis.e...rftt!.o/~ 19~.
d/;f!rJ~
1/ h - c:( CJJt~or!ft. Ciff!!f Chufa 'ViSta.
Item
Meeting Date
7'c.
COUNCIL AGENDA STATEMENT
4/18/95
TITLE: PROCLAMATION Establishing April, 1995 as "Teaching
Toxics Month" in the City of Chula vista
SUBMITTED BY: Conservation coordinat~
REVIEWED BY: City Manager &~1~ (4/5ths Vote: Yes___ NO-X-)
Regional household hazardous waste (HHW) collection and education
programs are an important part of the city's local programs. To
highlight the value of these programs in preserving our
surroundings, the County's Environmental Health Services Department
has coordinated the efforts of cities throughout the region in
declaring the month of April as "Teaching Toxics Month."
This proclamation and its related activities will contribute to a
greater public awareness of local HHW programs and will demonstrate
the City's commitment to this notable regional issue. Michael
Meacham, the City's Conservation Coordinator, will accept the
proclamation on behalf of the City's programs.
t/c-J
~ta, Gzlifintia
PROCLAIMING THE MONTH OF APRIL 1185 AS
TEACHING TOXlCS MONTH
IN THE CITY OF CHULA VISTA, CAUFORNIA
WHEREAS, If atored or dispoled of Improperly, household hazardous WlSte
within the CIty of Chula Villa may create a potential threat to public health and the
environment; and
WHEREAS, encouraging the public to purchase ..,.. aIternaIMt products
whenever possible will ~ chemical hazards in the home; and
WHEREAS, the CIty of Chula Vista has been a major eponsor of the San Diego
Regional Household Hazardous Materials ProgI'lllYl; and
WHEREAS, the pursuit of public private partnerships on community outreach and
educational eIIorla allows the City of Chula Villa to educate more cItlzens about how to
appropriately store and handle household products that _ hazardous; and
WHEREAS, education is the key to changing the public'. habits to preo.ent the
generation and improper household hazardous waste disposal:
NOW, THEREFORE, I, 8HlRLEY HORTON, Mayor of the CIty of Chula Vista,
California, do hereby proclaim the month of April 1995 as TEACHING TOXlCS MONTH
In the City of Chula Vista, Callfcmla.
:f)aterftEis (a tftt!.o/~;l. 19.!35.
Ie -e2tllt/11J:c;;f!ttUartsta
/0
APR-17-95 MON 12:21
.----"
CITY OF CHULA VISTA-PURH FAX NO. 5859118
p, 01
--
FAX MEMORANDUM
TO:
April 17,l99S
Beverly Authelet, City Cleric
Micbael T. Mea""""'. Conservation Coordinator ~
"Teaching TOldcs Month, · Proclamation Scheduled for 4/18/95
DATE:
FROM:
SUBJECI':
Pamela Jackson, Household Hazardous Materials Program
Supervisor, San Diego County Environmental Health Services
Department. Ms. Jackson will accept the .single proclamation
along with Michael T. Meacham, Conservation Coordinator for
the City of Chula Vista.
PI_ place this memo or a comparable mcssage on the dlas for Mayor Horton II! the April 18,
1995 City Council meeting. This memo is intended to inform Mayor Horton that there is only
one "Teaching Toldcs Month," proclamation and that Ms. Pamela laok.son is to be included in
the prexntatlon.
;Je - J
COUNCIL AGENDA STATEMENT
ITEM ij t/
lVDEIlNG DAlE 411819S
ITEM TITLE:
PROCLAMATION -- declaring the week of April 9 through April 15
..
"Telecommunications Week in the City of Chula Vista.
Chief of Police ~ J)"
City Manager~ ~~Y) (4/Sth's Vote: Yes_ No-X.)
The Association of Public-Safety Communications Officials-International (APCO) has declared
the week of April 9, 1995, through April 15, 1995, to be national "Telecommunications Week."
Lead Communications Operator Sara Turner will accept the Proclamation on behalf of the City's
public safety communications personnel.
SUBMITIED BY:
REVIEWED BY:
L/ cf- )
PROCLAIMING THJ; WEEK OF APRIL t THROUGH APRIL 15, 1.. AS
. TELECOMMUNICATIONS WEEK
IN THE CITY OF CHULA VISTA, CAUFORNIA
WHEREAS. the ChuIa \IJIta Police .,d Fire OiIplllc:tws .. cering n
proIesslonallndMduals dedicated to serving our citizens; lII'Id
WHEREAS, the week of Aprile through April 15, 1895 has be<<I decI8red National
Telecommunications Week; lII'Id
WHEREAS, police IlI'Id fire dlspalchers work hIlI'Id In hIlI'Id with police lII'Id tire
personnel hlll'ldling a V8I'iely of emergency n non-emergency calls from the citizens
and business community of Chuta Vista; n
WHEREAS, police lII'Id tire dispatchers work VBrIed shifts lII'Id hours to IICCOInplish
1heir task; IlI'Id
WHEREAS, police lII'Id fire diSpatchers are the first link citizens haw many times
In obtaining emergency essistance gMng CPR Instructions IlI'Id first eid over the phone
to save 1iYw; lII'Id .
WHEREAS, dlsplllc:tws often time remain on the phone with crime victims,
..0. i lforting IlI'Id reassuring lhem until police arrive:
NOW, THEREFORE, I, SHIRLEY HORTON, Mayor of the CIty of Chula VIsta,
California, do hereby proclaim the week of April e through April 15, 1895 -
TELECOMMUNICATIONS WEEK n commend the Chula VIsta Police III'ld fire
0iIplIIc:tws for their exceptional service lII'Id essistance to our community.
:DtliBf tEis~rf'tf !l"dphiL ,19 96
1/,1-.2 ~~'Vist6.
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~~~~
~- -~
CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
April 6, 1995
From:
The Honorable Mayor and City counl'i})
Bruce M. Boogaard, city Attorney~~
Report Regarding Actions Taken in Closed Session
for the Meeting of 4/4/95
To:
Re:
The purpose of this letter is to announce that as a result of
deliberations that occurred in Closed Session on April 4, 1995, the
City Council authorized the city Manager to demand and commence
arbitration contingently, as he deems appropriate, in "the Metro
Sewer Billing matter.
Except for the foregoing, there was no other observed reportable
action taken by the City Council in Closed Session.
BMB:lgk
C:\lt\clossess.rep
~-J
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037
RECEIVED
~t.LL' tlD
~;~I\R :>, 1 ..
hlI\YOR'S OFFICE
Chula Vista, CI\
B
'95 1N31 P3:31
_..Y Y OF CHUlA VISTA
em ClEftK'S OFFICE
t.
The Honorable Mayor Horton
Members of the City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Dear Mayor Horton and Council Members:
Regrettably, I must submit my resignation as Commissioner on the Chula Vista Planning
Commission effective immediately. A great business opportunity has opened up for me in Lake
Havasu City, Arizona.
It has indeed been a privilege and gratifying experience to serve on the Planning Commission.
Please extend to one and all my admiration for their sense of community purpose.
Chula Vista will always be a special place to me, in that the people in it are indeed special.
Thank you for the opportunity of working with a most empathetic, knowledgeable and caring
Planning Department. All the best to all in the years to come.
cc:
Bob Leiter, Director of Planning
Bill Tuchscher, Planning Commission Chairman
cc:
WRITTEN C,OMMUNICA TIONS
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March 30, 1995
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RECEIVED ~ At4YOI?~ ...
.chllla Vi OFFICE
15 .. -J All:J::o Ista,cA
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The Honorable Shirley Horton
and Board Members of the Chula Vista City Council
Cl'V OF CHULA VISTA
an ClEItK'S OFFlGE
f'
Dear Madam and Members:
We own and operate a business on the corner of North 4th Avenue and Brisbane. We have been in
business in Chula Vista for the past thirty years. Never during that time have we experienced such a
serious nuisance as we enter our property.
Daily (and in increasing numbers) men loiter in our driveway and along our fence area seeking a day's
wor\l:. Cars stop in the middle of the street (often blocking entrance to our parking lot and
shipping/receiving area) while the "terms of the day's employment" are settled. While waiting for a
prospective employer, these individuals sit on our block wall, eating, littering and shouting. This scene
can be observed from as early as 7:00/am to as late as 2:00/pm, Monday through Saturday.
Their presence is not conducive to the operation of our business.
We have, repeatedly, called the Police to disperse them. Each time, we have assisted in every way
possible. Needless to say, this practice is time-consuming and costly to the Department and to our
complllly.
We respectfully request yOOl' assistance in this mau.:r by. writing an ordinance prohibiting people from
congregating in front of OR on the property of any business for the sake of seeking "that day's"
employment.
Our plea for your support is in no way intended to harm anyone or to cause,trouble. It is, however,
essential that we make every effort to operate our business in a "customer-friendly" atmosphere.
Trusting that you will consider this request and with best wishes for the incoming of Spring and Summer,
I remain,
Very truly yours,
~ARPET WAREHOUSE & INTERIORS
~ . WRITTEN COMMUNiC~JONS
Man~el (Manny) Adler ~~ 6' ) ~ ~ /; ~ 7.>
President cc; _ ~ '/ t7 - - '/ /
MA:sam 45 NORTH FOURTHUluAVE'UE. t9~~ sz- )
:- A~E~E CHULA VISTA, CALIFORNIA 92010 . (619) 427-2420
. .
To Rosemary, Chair Ty Messervy, and the Commisioners ofThe Chula Vista
Youth Commission;
I regret to have to Inform you that I am no longer able to serve in the Youth
Commission. I am currently enrolled in Advanced Placement courses and working
many hours a week in an effort to achieve my goal of attending UCSD in the fall. I
don' feel that I have been able to contribute fully to the Youth Commission as I
would like to. Therefore I am asking you to accept my resignation. I have learned
a lot and have enjoyed working with everyone involved in the Youth Commission.
It has been a wonderful experience that I am glad I had the opportunity to be a
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Respectfully.
Julia Wubenhorstooooo
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WRITTEN COMMUNICA TICiNS
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COUNCIL AGENDA STATEMENT
ITEM
?
MEETING DATE
4/18/95
ITEM TITLE: Resolution) '}g"t.2.. Accepting Donation,
Authorizing Expenditure and Appropriating
said Donated Funds to Purchase a Sniper
Rifle for the Police Department's Special
Weapons and Tactics Team.
SUBMITTED BY: Chief of pOlice~~
REVIEWED BY: City Manage~ bj\~~thl s Vote: Yes x NO..J..
The Police Department recently))eceived an unsolicited
$1,300 donation from the North Island Federal Credit
Union. The donation is designated to fund the ~urchase of
a sniper rifle for the Special Weapons and Tact~cs Team.
BOARD/COMMISSION RECOMMENDATION: N/A
RECOMMENDATION: That Council Approve the Resolution.
On June 22, 1994, the Police Department received an
unsolicited $3,000 donation from the North Island Federal
Credit Union (NIFCU). The donation was presented to Lt.
Ken Dyke to underwrite the cost of acquiring hands-free
communications devices for SWAT Team members. The
donation was accepted and the equipment has since been
purchased.
On February 7, 1995, the Police Department received a
second unsolicited $1,300 donation from the NIFCU. The
donation is designated for the purchase of an additional
sniper rifle for the CVPD S.W.A.T Team. The NIFCU wrote a
letter accompanying their donation (see attached)
explaining the donation. In summary, the NIFCU embraces
the philosophy to invest with the community. They are
also especially grateful for CVPD's efforts in continually
providing training to assure personal safety for the
NIFCU's employees.
On Saturday, May 14, 1994 staff members from the NIFCU
attended an Open House at CVPD. After the demonstration,
as is customary, several of the attendees approached
S.W.A.T. Team personnel to ask questions. It is our
impression that based on this question and answer session,
staff from NIFCU saw a way to enhance the ability of the
S.W.A.T. Team.
Currently the S.W.A.T Team has one .308 caliber sniper
rifle. An additional sniper rifle of the same caliber
will increase the ability for training and will
effectively increase the resources for the S.W.A.T. Team.
~-/
I~
FISCAL IMPACT: The $1,300 donation will be appropriated
into Fund 408, De~artment 4081, the
Development Depos1t Trust Fund's Other
Departments Deposit Projects account, and
spent for the identified purpose.
t~
RESOLUTION NO.
/7 J"d-.2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING DONATION, AUTHORIZING
EXPENDITURE AND APPROPRIATING SAID DONATED
FUNDS TO PURCHASE A SNIPER RIFLE FOR THE
POLICE DEPARTMENT'S SPECIAL WEAPONS AND
TACTICS TEAM
WHEREAS, on February 7, 1995,
received an unsolicited $1,300 donation
Federal Credit Union (NIFCU); and
the Police Department
from the North Island
WHEREAS, the donation is designated for the purchase of
an additional sniper rifle for the CVPD S.W.A.T. Team; and
WHEREAS, NIFCU embraces the philosophy to invest with the
community and they are especially grateful for CVPD's efforts in
continually providing training to assure personal safety for
NIFCU's employees.
NOW, THEREFORE, BE IT RESOLVED the City council of the
City of Chula vista does hereby accept the $1,300 donation from
NIFCU to purchase a sniper rifle for the Police Department's
Special Weapons and Tactics Team.
BE IT FURTHER RESOLVED that said funds will be
appropriated into Fund 408, Department 4081, the Development
Deposit Trust Fund's Other Departments Deposit Projects Account and
said funds are authorized to be expended for the identified
purposes.
Presented by
Approved as form by
~~,-Aoo a ~y
Attorney
Richard P. Emerson, Chief of
Police
C:\rs\NIFCU.don
t~J
FEDERAL CREDIT L t\ 10:\
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February 7, 1995
Chief Richard Emerson
Chula Vista Police Department
276 Fourth Avenue
Chula Vista, CA 91910
Dear Chief Emerson:
It is my distinct pleasure and honor to represent North Island Federal Credit Union
(NIFCU) and to present the enclosed check for $1,300 as a donation to purchase a
sniper rifle for the Chula Vista Police Department SWAT Team.
NIFCU embraces the philosophy that it is important to invest within the community it
serves. NIFCU commits our resources to support this philosophy by:
. Donating over 4,000 hours per year to community/charitable
organizations
. Financial contributions up to 2% of net income
. Donation of up to 13,000 square feet of corporate office space for
community/charitable organizations
As Vice President of Risk Management, I am personally gratified that we can make
this modest donation in recognition of CVPD's cooperation to enhance NIFCU's efforts
to be proactive in detecting and deterring crimes relating to financial institutions.
Specifically, CVPD has continued to provide mock robbery training in order to assure
the personal safety of NIFCU's 340 employees. In addition, the CVPD provided
fraudulent/counterfeit document training that has produced excellent results in reducing
actual losses and detecting attempts to open fraudulent accounts. My personal
"thanks" to Lt. Ken Dyke and Detective John Madison for their assistance in this
training.
In closing, thanks again for the support from the CVPD. Our mutual success can only
lead to a better community.
Sincerely,
~~~:;e, CFE .
Vice President/Risk Management
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P.O. BOX 85833 . SAN DIEGO, CA 92186-5833 . 619/656-6525
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ATTACHMENT 2
CllY OF
CHULA VISTA
POLICE DEPARTMENT
March 20, 1995
North Island Federal Credit Union
P. O. Box 85833
San Diego, CA 92186-5833
Attention: Michael E. Malone, CFE
Vice President/Risk Management
David E. Doss
Executive Vice President/Chief Financial Officer
Dear Mr. Malone and Mr. Doss,
On behalf of the Chula Vista Police Department, I would like
to express our gratitude for your recent contributions on
behalf of the North Island Federal Credit Union.
The first donation of $3,000 will allow the S.W.A.T. Team to
purchase hands-free communications devices, facilitating
improved and safer communication during S.W.A.T. Team
operations.
The second donation of $1,300 will allow the S.W.A.T. Sniper
Team to purchase an additional sniper rifle and greatly enhance
the capability of the sniper team.
As in all police situations, the S.W.A.T. Team's primary
function is to protect life and property. Your generous
contributions will significantly contribute to these goals.
Again, thank you for your support of the Chula Vista Police
Department.
Sincerely,
Richard Emerson
Chief of Police
Chula Vista Police
Department
RPE:Lc
~-?
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item 7
Meeting Date 4/18/95
. /73"t::l ..
ResolutIOn Authonzmg temporary street closures on May 13, 1995 for
an organized march sponsored by a local committee of the National March for
Jesus organization.
Chief of Police f2u:.- ..u...~. I
Director of par~ RecJeatiOrl~
City Manager d I ,f't 1*'
(4/5ths Vote: Yes_No..x.l
ITEM TITLE:
REVIEWED BY:
The South Bay Pastoral Steering Committee of the National March for Jesus organization is requesting
permission to conduct an organized March for Jesus on May 13, 1995.
RECOMMENDATION: That Council approve the request subject to staff conditions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION: The South Bay Pastoral Steering Committee of the National March for Jesus organization
is requesting permission to conduct an organized March for Jesus on Saturday, May 13, 1995, from 9:00
a.m. to approximately 12:00 noon. The march would be one of several that are being conducted around
San Diego County, and one of more than 550 marches being conducted in cities around the United States.
The sponsor anticipates that approximately 4,000 people would participate in the local march. The march
would consist of participants on foot, and vehicles equipped with speakers to project musical and spoken
messages to the marchers. Groups of approximately 200 marchers would follow each sound-equipped
vehicle, and would participate in a prepared program of songs and proclamations that is being used
throughout the United States at similar events. The sponsor would provide professional security to
accompany each group of marchers, and each group would be marshalled by five group leaders. All
groups would be in constant two-way radio communication with the March organizers. The sponsor
envisions that this march would become an annual event.
The proposed march route is along Fourth Avenue, beginning at "K" Street, and ending at Park Way.
Marchers and vehicles would stage on "K" Street, west of Fourth, and would then proceed north on
Fourth Avenue, then east on Park Way, and the march would end with an hour long celebration in
Memorial Bowl.
In order to safely and effectively conduct the event on City streets, and to minimize the potential for
accidents or injury, staff is recommending the complete closure of Fourth Avenue. The Police Departtnent
would monitor the progress of the march, and would close and subsequently re-open cross streets and
intersections as quickly as possible. However, there will be a noticeable impact on traffic during the
march, most notably on Fourth Avenue and at the intersection of "H" and Fourth. A diagram of the
proposed parade route is attached (Attachment A). It is unknown at this time what the actual duration
of the street closures would be, based on an inability to accurately determine the number of marchers that
may participate in the event; the sponsor is not requiring any advance registration for the march.
Us::-A113-JMARCH-4-12-9S]
I
7~/
2&
Item 7
Meeting Date 4/18/95
The sponsor was required to hand-deliver notice of their intent to request City permission to conduct the
event. Notices were distributed to all businesses and residents along the march route, inviting interested
parties to attend the City Council meeting and voice their opinions if they so desired.
If the event is approved, staff is recommending that the approval be conditional, subject to the sponsor
providing the following:
I. Provision of evidence of general liability insurance in the amount of $1 million, in the form of
a Certificate of Insurance and Policy Endorsement, naming the City of Chula Vista as additional
insured.
2. Execution of a Hold Harmless Agreement.
3. Provision of adequate traffic control equipment and devices as determined by the Police
Department and Traffic Engineering Division. The sponsor would be responsible for renting or
purchasing the equipment, and delivering and removing it from designated locations.
4. Provision of adequate Police Services, as determined by the Police Department. The sponsor
would be responsible for reimbursing the City for all required Police services.
5. Provision, posting, and removal of No-Parking signs along the march route.
6. Provision and removal of adequate portable toilets and trash receptacles at the march staging area,
and at Memorial Bowl.
7. Provision of normal facility rental fees at Memorial Bowl, and compliance with standard rules
and regulations governing the use of City Park facilities.
FISCAL IMPACT: All City expenses related to the event, including an estimated $3,249 in direct costs
for Police Department overtime and $57 in rental and staff support fees for use of Memorial Bowl,
would be reimbursed to the City by the sponsor.
Attachment
A - Diagram of proposed parade route
[jg:-All3-1MARCH-4-12.9S]
2
7~~
RESOLUTION NO.
/ 78"t- J
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TEMPORARY STREET
CLOSURES ON MAY 13, 1995, FOR AN ORGANIZED
MARCH SPONSORED BY A LOCAL COMMITTEE OF THE
NATIONAL MARCH FOR JESUS ORGANIZATION
WHEREAS, the South Bay Pastoral Steering Committee of the
National March for Jesus organization (herein referred to as the
"Sponsor") is requesting permission to conduct an organized march
on May 13, 1995; and
WHEREAS, the proposed march route is along Fourth Avenue,
beginning at ilK" Street, and ending at Park Way with an hour long
celebration in Memorial Bowl; and
WHEREAS, in order to safely and effectively conduct the
event on City streets, and to minimize the potential for accidents
or injury, staff is recommending the complete closure of Fourth
Avenue from 9:00 a.m. to 12:00 noon.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby authorize temporary street
closures on May 13, 1995 for an organized march sponsored by a
local committee of the National March for Jesus organization
subject to the following staff conditions:
1. Sponsor shall provide evidence of general liability insurance
in the amount of $1 million, in the form of a certificate of
insurance and policy endorsement, naming the City of Chula
Vista as additional insured.
2. Sponsor shall sign and submit a standard City Hold Harmless
Agreement.
3. Sponsor shall provide adequate traffic control equipment and
devices as determined by the Police Department and Traffic
Engineering Division. The sponsor would be responsible for
renting or purchasing the equipment, and delivering and
removing it from designated locations.
4. Sponsor shall provide adequate security services as determined
by the Police Department. Sponsor would be responsible for
reimbursing the City for the cost of all required Police
services.
5. Sponsor shall provide, post and remove all No-Parking signs
posted along the march route.
7--3
6. Sponsor shall provide and remove adequate portable toilets and
trash receptacles at the march staging area and at Memorial
Bowl.
7. Sponsor shall pay the normal facility rental fees at Memorial
Bowl and comply with standard rules and regulations governing
the use of City Park facilities.
Presented by
Approved as to form by
B~ ~i'7'-
Attorney
Jess Valenzuela, Director of
Parks and Recreation
c: \rs\stclo8e.513
7--'1
Mareh For ~esus
Saturday
May 13th
The follewlng Is a .....posed
reute for the March
For .Jesus.
staging erN would Ite on K
street lletween 5th Avenue aad
4th AveDU~ adfaeeut to ClluIa
Vista WgII School.
The Ma.d. would set off on to
4th Avenue and proceed north
to Park Way aDd ....... IBto
Memorial Park.
/'5
"AU
F Street
Emf tdMITCIT
Ind RIlly
Memorial Park & B-
. Park Way
GSftet
HStred
:1 ::J :1
In ::r ,tI
r Street
J Street
StIllIng An!1 . Ie Street .
Chute Vista High
SChoot
3
COUNCIL AGENDA STATEMENT
SUBMln'ED BY:
Item [(
Meeting Date 4/18/95
Resolution J 7 f!{" 'I Approving submission of FY 1995-96
Transportation Development Act (IDA) Article 4.0 Claim
Director of Public Works~
City Manager&t~~
(4/5ths Vote: Yes_NoX)
ITEM TITLE:
REVIEWED BY:
The FY 1995-96 Claim for IDA Article 4.0 funds to support Chula Vista Transit (CVT)
operations and capital procurements was submitted to SANDAG and MTDB by April I, 1995,
as required by State law. A "IDA Claim" is an application for IDA operating and capital
funds for the upcoming fiscal year. SANDAG issues the TDA guidelines, which includes the
City's total TDA funds available for next fiscal year, during the first week in March. Staff
prepares the IDA claim and submits it to both SANDAG and MTDB by April 1, 1995. Staff
then returns to Council in April for ratification of the claim. An amendment to the claim may
be made by direction of Council at any time after submission to SANDAG and MTDB. The
total claim is in the amount of $3,984,630, consisting of $3,884,887 claimed against the City
of Chula Vista's IDA funds and $99,743 claimed against the County of San Diego's TDA
funds.
RECOMMENDATION: That Council adopt resolution approving the FY 1995-96 TDA
Article 4.0 claim.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The FY 1995-96 TDA 4.0 Claim consists of the following components:
City of Chula Vista County of San Diego
TDA Account TDA Account Total
Operations $1,884,887 $99,743 $1,984,630
Capital $2,000,000 0 $2,000,000
Total $3,884,887 $99,743 $3,984,630
The $99,743 from the County's TDA account is for CVT service in the unincorporated areas
provided by Routes 705 and 711. The $1,884,887 is for the balance of CVT operating costs
claimed against the City of Chula Vista's TDA funds as contained in the preliminary FY 1995-
96 Transit Division budget request.
F'/
Page 2, Item 5
Meeting Date 4/18/95
The $2,000,000 in capital funds is contribution toward a demonstration program for five (5)
hydrogen fuel-cell buses which. the Environmental Resources Manager is currently working on
for possible implementation in Chu1a Vista. The total estimated cost of this demonstration
program is $10 million. Proceeding with the program depends on obtaining funding from a
combination of public and private sources, and upon approval by Council. Transit staff is
proposing a $2 million contribution toward the total $10 million. The $2 million is based on
comparable cost of purchasing 5 to 6 compressed natural gas (CNG) buses, estimated at
$325,000 each. If the City does not proceed with the hydrogen fuel-cell demonstration
program, the $2 million will remain in the City's TDA Article 4.0 account for future operating
and/or capital expenditures.
Following is a breakdown of estimated Transit Division costs and revenue sources for FY
1995-96.
Estimated Costs:
Contractual Service for CVT Operation $2,611,950
Other Supplies & Services 814,680
Capital Outlay 2,000,000
Bayfront Station Maintenance 20,000
Total Estimated Costs $5,446,630
Estimated Revenue Sources:
Fare Revenue $1,420,000
IDA Article 4.0 Funds 3,984,630
Investment Eamings 42,000
Total Revenue Sources $5,446,630
The claim is based on estimated costs and revenues for FY 1995-96, and may be modified due
to: changes in the proposed FY 1995-96 Transit Division budget; and a difference between
actual and estimated costs and revenues in FY 1995-96.
FISCAL IMPACT: The FY 1995-96 TDA Article 4.0 claim contains no City of Chula Vista
General Fund contribution. Transit Division operating and capital costs are funded by City of
Chula Vista TDA Article 4.0 funds, County of San Diego Article 4.0 funds, farebox revenue
and investment earnings. The FY 1995-96 City ofChula Vista TDA Article 4.0 apportionment
is $2,537,003; $3,643,695 of prior years' unallocated funds is also available in the City's
account. The FY 1995-96 claim of $3,884,887 will leave a balance in the City's account in
the amount of $2,295,811 ($2,537,003 + $3,643,695 - $3,884,887). This balance may be used
for future operating and capital expenditures.
WMG/Filc: DS-022
WPC F:\HOME\ENGINEER\AGBNDA\1DA40.BG
y,,2,
RESOLUTION NO.
! 78"'d. 'I
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING SUBMISSION OF FY 1995-
96 TRANSPORTATION DEVELOPMENT ACT (TDA)
ARTICLE 4.0 CLAIM
WHEREAS, the FY 1995-96 Claim for TDA Article 4.0 funds
to support Chula vista Transit (CVT) operations and capital
procurements was submitted to SANDAG and MTDB on April 1, 1995, as
required by State law; and
WHEREAS, the total claim is $3,984,630, consisting of
$3,884,887 claimed against the City of Chula vista's TDA funds and
$99,743 claimed against the County of San Diego'S TDA funds.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize submission of FY
1995-96 Transportation Development Act Article 4.0 Claim in the
amount of $3,984,630.
Presented by
Oedf Os
City
John P. Lippitt, Director of
Public Works
C:\rs\TOA 4.0 Clai.
<;{--;J
COUNCIL AGENDA STATEMENT
SUBlVll'lT~D BY:
Item 'I
Meeting Date 4/18/95
Resolution J 73" if Approving submission of FY 1995-96
Transportation Development Act (TDA) Article 4.5 Claim for
HandYtrans operation
Director of Public wor~
City Manager~1(. (4/5ths Vote: Yes_NoX)
ITEM TITLE:
REVIEWED BY:
The City of Chula Vista's FY 1995-96 TDA Article 4.5 Claim to support HandYtrans
operation was submitted to SANDAG and MTDB by April I, 1995, as required by State law.
A "TDA Claim" is an application for TDA operating and capital funds for the upcoming fiscal
year. SANDAG issues the TDA guidelines, which includes the City's total TDA funds
available for next fiscal year, during the first week in March. Staff prepares the TDA claim
and submits it to both SANDAG and MTDB by April I, 1995. Staff then returns to Council
in April for ratification of the claim. An amendment to the claim may be made by direction
of Council at any time after submission to SANDAG and MTDB. The claim consists of the
following funding sources: $149,866 in TDA Article 4.5 funds; $22,824 in TransNet (Transit)
funds; $66,000 in projected fare revenue; and $3,000 in projected investment earnings.
RECOMMENDATION: That Council approve submission of the FY 1995-96 TDA Article
4.5 claim.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The following is a breakdown of estimated HandYtrans operating costs and funding sources
in FY 1995-96 based on the preliminary budget request:
ESTIMATED COST
Contractual Services $235,000
Other Supplies and Services $6,690
Total Cost $241,690
ESTIMATED FUNDING SOURCES
TDA Article 4.5 Funds $149,866
TransNet Funds $22,824
Fare Revenue $66,000
Investment Earnings $3,000
Total Revenue $241,690
9~/
Page 2, Iteml
Meeting Date 4/18/95
In the San Diego region, MTDB and SANDAG have designated the TDA Article 4.5 funded
systems (like HandYtrans) as Complementary Paratransit Services under the Americans with
Disabilities Act (ADA). Under the ADA, by January 1997, complementary paratransit service
must be provided to ADA certified persons who cannot ride, or access, fixed-route transit
systems, such as CVT in Chula Vista. Both MTDB and SANDAG are developing jointly a
regional implementation plan for complementary paratransit service. Recommendations for
meeting the January 1997 ADA paratransit service requirements will be developed in FY 1995-
96. Staff will report to Council when these recommendations are formulated.
The claim is based on estimated costs and revenues for FY 1995-96, and may be modified due
to: changes in the proposed FY 1995-96 Transit Division budget; and a difference between
actual and estimated costs and revenues in FY 1995-96.
FISCAL IMP ACT: Proposed HandYtrans operation for FY 1995-96 is funded by the
following sources: TDA Article 4.5 funds; TransNet funds; fare revenue; and investment
eammgs.
WMlWili>: DToOOS
M:\HOME\ENGINEER\AGENDA\IDA4S.BG
9-~
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~
RESOLUTION NO.
/7rt/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING SUBMISSION OF FY 1995-96
TRANSPORTATION DEVELOPMENT ACT (TDA) ARTICLE
4.5 CLAIM FOR HANDYTRANS OPERATION
WHEREAS, the City of Chula vista's FY 1994-95 TDA Article
4.5 Claim to support HandY trans operation was submitted to SANDAG
and MTDB on April 1, 1995 as required by state law; and
WHEREAS, the claim consists of $149,866 in
4.5 funds; $22,824 in TransNet (Transit) funds;
projected fare revenue; and $3,000 in projected
earnings.
TDA Article
$66,000 in
investment
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve submission of FY 1995-
96 Transportation Development Act (TDA) Article 4.5 Claim for
HandY trans operation.
c: \rs\4.5 TOA
Presented by
John P. Lippitt, Director of
Public Works
9-3
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item ) tJ
Meeting Date 4/18/95
Resolution I? If't t Approving agreement between County of
San Diego and City of Chula Vista for public transportation services for
FY 1995-96
Director of Public works/
City Manager ~~ (4/5ths Vote: Yes_NoX)
ITEM TITLE:
UVIEWED BY:
This agreement authorizes the City of Chula Vista to claim $99,743 of County of San Diego
Transportation Development Act (TDA) Article 4.0 funds for provision of Chula Vista Transit
(CVT) service in the unincorporated area of the County.
RECOMMENDATION: That Council adopt resolution approving agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This agreement authorizes the City of Chula Vista to claim $99,743 of County TDA Article
4.0 funds for CVT service provided by Routes 705 and 711 in the unincorporated area during
FY 1995-96. Route 705 operates between the Bayfront Trolley Station and Southwestern
College. Route 711 operates between Plaza Bonita and EastLake. Both these routes pass
through unincorporated areas from their origin points to their destinations.
The estimated net cost (gross operating cost minus revenue credit) for CVT service in the
County next fiscal year is $99,743, a small increase from this fiscal year's cost of $99,551.
This agreement estimates a gross CVT cost per mile of $2.81, estimated 67,890 passengers,
and total revenue credit of $40,055 (based on $0.59 per passenger). The $99,743 represents
full cost recovery for CVT service in the unincorporated areas.
FISCAL IMPACT: This agreement will authorize the City of Chula Vista to claim $99,743
of County of San Diego TDA Article 4.0 funds for CVT service in FY 1995-96.
WM:G-.Filc DS~27
WPC F:\HOME\ENGINEER\agcnda\tranagmt.bg
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"1.0
./
COUNCIL AGENDA STATEMENT
Item / /
Meeting Date 4/18/95
ITEM TITLE:
Resolution /7Yt '7 Waiving the Consultant Selection process and
Approving Agreement with Infrastructure Management Services, Inc.
(IMS) for Pavement Testing/Condition Analysis, Data Collection, and
Management Services
SUBMl'lTED BY:
Director of Public wor~
City Manager 1I"J;. '1 r;
(4/5ths Vote: Yes_NoX)
REVIEWED BY:
The City's pavement condition field data is outdated and new testing/pavement condition data
is required for the entire street network. Project number STL-211 (Pavement Management
Program-Pavement Testing) was included in the FY 94-95 CIP budget to accomplish this work.
Staff proposes to enter into an agreement with Infrastructure Management Services, Inc. (IMS)
to perform this work. IMS performed the original pavement testing for the City in the late
1980's, and in staffs opinion is the only company that can update the City's Pavement
Management System data in a manner which is fully compatible with our existing software.
RECOMMENDATION: That Council approve the resolution waiving the consultant selection
process and approving the agreement with Infrastructure Management Services, Inc., and
authorize the Mayor to execute the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In 1986, we sent out a Request for Proposals (RFP) for a pavement management system. Out
of the number of systems available at that time IMS was chosen because of the type of data used
in their analysis of the condition of pavement in the various street segments. For each segment
the IMS data includes a determination of the extent and type of cracking in the pavement as
measured by an objective (laser based testing machine) test. This particular form of testing was
unique to IMS and was among the major reasons they were selected over alternative systems.
In addition to the above testing the IMS program also included the results of a deflection
measuring test, (in which a dynamic load is imposed on the pavement and the depth to which
the pavement is depressed is measured at fixed distances from the loading point) as used by most
of the alternative systems, and a number of more subjective measures for describing the
condition of pavement used by all of the alternative systems.
All of the other companies that responded to this original RFP had programs that required the
streets to be rated by individuals manually observing and rating the pavements. This manual
1/-1
RESOLUTION NO.
)7n~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN COUNTY
OF SAN DIEGO AND CITY OF CHULA VISTA FOR
PUBLIC TRANSPORTATION SERVICES FOR FY 1995-
96' , AND AUTHORIZING MAYOR TO EXECUTE SAME
WHEREAS, this agreement authorizes the city of Chula
vista to claim $99,743 in County TDA Article 4.0 funds for
provisions of Chula vista Transit (CVT) service in the
unincorporated area of the County; and,
WHEREAS, the estimated net cost (gross operating cost
minus revenue credit) for CVT service in the County next fiscal
year is $99,743; and,
WHEREAS, this agreement estimates a gross CVT cost per
mile of $2.81, estimated 67,890 passengers, and total revenue
credit of $40,055 (based on $0.59 per passenger).
NOW, THEREFORE, BE IT RESOLVED that the City council of
the City of 'Chula vista does hereby approve an Agreement between
the County of San Diego and the City of Chula vista for Public
Transportation Services for FY 1995-96, a copy of which is on file
in the office of the City Clerk as Document No. (to be
completed by the City Clerk in the final document).
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
John P. Lippitt, Director of
Public Works
Ck- ~'kL ~
Bruce M. Boogaard, City
Attorney
c: IRSI TDA40.AGM
/ tfJ ' ;z.
AGREEMENT BETWEEN COUNTY OF SAN DIEGO
AND THE CITY OF CHULA VISTA
FOR PUBLIC TRANSPORTATION SERVICES
FOR FY 1995-96
TInS AGREEMENT is entered into by and between the County of San Diego
hereinafter called "COUNTY" and the City of Chula Vista, hereinafter called "OPERATOR".
RE~!TAL~
WHEREAS, COUNTY is desirous of providing public transit service to areas within
the jurisdiction of the COUNTY; and
WHEREAS, the City of Chula Vista is the OPERATOR of Chula Vista Transit; and
WHEREAS, OPERATOR has the knowledge and expertise to provide the service
desired by the COUNTY; and
WHEREAS, COUNTY recognizes the value of the service to be provided by
OPERATOR to its citizens and is willing to contract with OPERATOR to provide
transportation service within the unincorporated area of the COUNTY; and
WHEREAS, Public Utilities Code, Section 99288, authorizes COUNTY and
OPERATOR to enter into a contract for OPERATOR to provide such public transportation
service for the benefit of the COUNTY and permitting OPERATOR, when such contract is
entered into, to claim for local transportation purposes, from the Local Transportation Fund,
the apportionment of the COUNTY or so much thereof as may be agreed upon, in the manner
provided in Article 4 (commencing at Section 99260) of the Mills-Alquist-Deddeh Act (Ch.
4, Pt 11, Div. 10 of the Public Utilities Code);
NOW, TIIEREFORE, COUNTY and OPERATOR mutually agree as follows:
/tJ-]
Public Transportation Service. Agreement
F:\bomo\caaiDocllbilllll771.9'
Page 1
1. PUBLIC TRANSPORTATION
1.1. Public TransDortation Services to be Provided
OPERATOR shall provide public transportation services for the benefit of
residents of and visitors to COUNTY, upon those routes, during those times, and at the level
of service specified in Exhibit A.
1.2. Passenller Counts
OPERATOR shall perform at least once annually, a one-day count of passengers
boarding and departing the services provided under this Agreement. The number of counts and
specific methods of counting will be determined by the OPERATOR, upon consultation with
the COUNTY, and in conjunction with the regional transit passenger counting program, where
practicable. A report summarizing the results of the count will be submitted to the COUNTY.
2. TERM OF AGREEMENT
2.1. Base Term
The term of this Agreement is from July I, 1995 through June 30, 1996,
unless terminated earlier as provided herein.'
3. COMPENSATION FOR SERVICES
3.1. Claim - OPERATOR may, without further authorization, include in any claim filed
with the Local Transportation Planning Agency of San Diego County under the provisions of
Article 4 (commencing with Section 99260) of the MiUs-Alquist-Deddeh Act (Ch. 4, Pt. II,
Div. 10 of the Public Utilities Code), an amount up to but not exceeding $99,743 of the
apportionment to the unincorporated area of the COUNTY for FY 1995-96.
3.2. Service Actuallv Performed - OPERATOR shall be compensated for service
provided under this Agreement. If OPERATOR performs only a portion of the services
described in Exhibit A of this Agreement, OPERATOR shall be paid an amount equal to the
unit of service actually provided.
II It is estimated that in FY 1995-96 OPERATOR shall be compensated based on the
estimated net operating cost for services as described in Exhibit A.
3.3.1. If COUNTY and OPERATOR agree to change the level or type of service
provided for in this Agreement, or there is a change in the level of service provided by
OPERATOR due to strike, civil disaster or other public calamity, COUNTY and OPERATOR
shall negotiate a mutually agreeable cost rate for the specific additional or reduced service
provided. .
/tJ ' 1
Public Transportation Service. Agreement
F_~771.9'
Page 2
3.3.2. OPERATOR shall revise and update Exhibit A annually. The level of
public transit service and the rate(s) for service shall be provided by OPERATOR to COUNTY
for approval at least 90 calendar days prior to the beginning of any fiscal year covered by this
Agreement.
3.4. Periodic Pavments - OPERATOR shall be compensated by periodic payments in
advance from the San Diego Association of Governments (SANDAG), the Local Transportation
Planning Agency of San Diego County.
3.5. If the amount allocated to OPERATOR by the Local Transportation Planning
Agency is insufficient to meet the cost of services as described in Exhibit A, OPERATOR shall
immediately notify COUNTY. In that event, COUNTY agrees that this Agreement shall be
amended to reduce the services provided or to pay OPERATOR from other sources the amount
necessary to meet the cost of services as described in Exhibits A and B.
4. INSURANCE
4.1. OPERATOR, through its Agreement with its contractor, shall produce the
following insurance, which may contain self insurance retentions:
4.1.1. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount of $10,000,000 naming the COUNTY and its employees and
officers as additional insureds. This coverage shall include Comprehensive General Liability
Insurance including contractual liability, and personal injury liability.
4.2. On or before July 1,1995, OPERATOR shall provide COUNTY a complete copy
of OPERATOR's contractor's Certificate of Insurance indicating that the insurance required
above has been obtained. OPERATOR shall give COUNTY 30 calendar days written notice
of cancellation or material change required by the insurance company in the insurance coverage
required by this Agreement.
4.3. Occurrence means any event or related exposure to conditions which results
in bodily injury or property damage.
4.4. Neither OPERATOR nor its contractors shall cancel or materially change any of
the required insurance coverages.
5. AUDIT
5.1. At any time during normal business hours and as often as COUNTY may deem
necessary, OPERATOR shall make available to COUNTY for examination all of its records
with respect to all matters covered by this Agreement, shall permit COUNTY to audit, examine
and make excerpts of transcripts of such records, and shall permit COUNTY to perform audit
procedures as deemed necessary' with respect to all invoices, payrolls, equipment, materials,
and other data relating to matters covered by this Agreement.
/tJ ~/
Public Transportation Services Agreement
F:\bomo~771.9'
Page 3
1 "
.. .
6. INDEMNITY
U Except as may be provided otherwise in the Agreement, OPERATOR shall
investigate, indemnify, defend and hold harmless the COUNTY, its officers, agents and
employees from any and all claims, demands, loss or liability of any kind or nature whether
real or alleged which COUNTY, its officers, agents and employees may sustain or incur, or
which may be imposed upon any kind of or for any acts or omissions by OPERATOR, its
officers, agents or employees hereunder.
7. WHEN RIGHTS AND REMRnlES NOT WAIVED
In no event shall any payment by the Local Transportation Planning Agency as provided
herein constitute or be construed to be a waiver by COUNTY of any breach of conditions or
any default which may then exist. The existence of any such breach or default shall in no way
impair or prejudice any right or remedy available to COUNTY with respect to such breach or
default.
8. INTEGRATED DOCUMENT
8.1. This document, including Exhibit A embodies the entire Agreement between
COUNTY and OPERATOR for the transportation service described herein and the terms and
conditions. No verbal agreements or conversation with any officer, agent or employee of
COUNTY prior to the execution of this Agreement shall affect or modify any of the terms or
obligations contained in any documents comprising this Agreement. No such verbal agreement
shall bind COUNTY.
8.2. This Agreement may be changed only by a written amendment signed by both
parties.
9. SEVERABnJTY OF PROVISIONS
If any provisions of this Agreement are held to be invalid, the remainder of this
Agreement shall not be affected, provided the remainder conforms to the terms and
requirements of applicable law.
10. TERMINATION
1QJ... COUNTY may terminate this Agreement at any time for reasonable cause,
defmed as the failure by OPERATOR to substantially perform in accordance with the terms
and conditions of this Agreement, by -giving written notice to OPERATOR of such termination
and specifying the effective date thereof, at least 90 days before the effective date of such
termination. OPERATOR may terminate this Agreement at any time for failure by COUNTY
to substantially perform in accordance with the terms and conditions of this Agreement by
giving written notice to COUNTY of such termination and specifying the effective date thereof,
at least 90 days before the effective date of such termination.
It? -?
Public Transportation Services Agreement
1':_~171.94
Page 4
10.2. During the time between the written notice of termination and the effective date
of termination, both parties shall work toward remedying the cause or reasons for the intent
to terminate. If COUNTY terminates this Agreement without cause, COUNTY shall pay all
settlement costs, claims and attorneys arising .out of such termination.
11. INDEPENDENT CONTRACTOR
For purpose of this Agreement, OPERATOR is an independent contractor, and no
employee of OPERATOR is, for purposes of this Agreement, an employee of COUNTY.
12. BUS STOPS
JkL Specific bus stops shall be established by agreement with COUNTY.
13. REPRESENTATIVES OF CITY
13.1. The County's Director of Public Works or designated representatives shall
represent COUNTY in all matters pertaining to this Agreement and shall administer this
Agreement on behalf of the COUNTY.
14. EOUAL OPPORTUNITY AND AFFIRMATIVE ACTION
14.1. In performing under this Agreement, OPERATOR and COUNTY shall not
discriminate against any employee or applicant for employment because of race, creed, color,
sex, or national origin. This performance shall include, but not be limited to, the following:
employment, upgrading, demotion, transfer, recruitment advertising, layoff or termination, rates
of payor other forms of compensation, and selection for training, including apprenticeship.
15. NOTICE
ll.L All notices and communications with respect to this Agreement shall be effective
upon mailing thereof by registered or certified mail (return receipt requested) and addressed
as follows:
OPERATOR
City of Chula Vista
707 "P" Street
Chula Vista, CA 91910
ATTN: Bill Gustafson, Transit
Coordinator
COUNTY
County Dept. of Public Works
9335 Hazard Way, Suite 104, MS 0386
San Diego, CA 92123
ATTN: Larry Watt, Principal Transponation
Specialist
It' ~?
Public Transportation Services Agreement
F:Ibomo\onaiDOalbillcll771.94
Page 5
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
their respective representatives thereunto duly authorized on this _ day of . 1995.
APPROVED AS TO FORM
CITY OF CHULA VISTA
By ~ ~ /'Y'lACk~
Ass ,->t~j" City Attome
By
Mayor
Attest
City Clerk
APPROVED AS TO FORM
COUNTY OF SAN DIEGO
By
By
County Counsel
Clerk of the Board of
Supervisors
Ii? -r
Public Transportation Services Agreement
F_~77I..'
Page 6
EXHIBIT A
Gross Cost @ Projected Revenue Credit @
Route Miles $2.81 Mile Passengers $0.59/Passenger Net Cost
705 22,304 $62,674 38,960 $22,986 $39,688
711 25,756 $72,374 28,930 $17,069 $55,305
SERVICE AND COST SUMMARY
FISCAL YEAR 1995-96
COUNTY OF SAN DIEGO BUS SERVICE
CHULA VISTA TRANSIT
Subtotal TDA Subsidy:
5% Administrative Pass-Through Claim:
TOTAL TDA AMOUNT:
$94,993
$4,750
$99,743
Route Descrintion
Route 705: Enter County on Bonita Road, eastbound, at the intersection of Bonita Road and
Lynnwood Drive to the Chula Vista City limit line at the eastern boundary of
Glen Abbey Cemetery on Bonita Road. The inbound trip follows the same route
in the opposite direction.
Route 711: From Plaza Bonita, enter County at the intersection of Plaza Bonita Road and
Bonita Mesa Road, east of Bonita Mesa Road, north of Mesa Vista Road, east
on Sweetwater Road, south on Willow and to the Chula Vista City limit line.
Re-enter County on Bonita Road about one-fourth mile east of Otay Lakes
Road, turn northeast on Central Avenue, south on Corral Canyon Road, and
enter. Chula Vista City limit at a point approximately 400 feet north of County
Vista Lane. The inbound trip follows the same route in the opposite direction.
Public Transportation Services Agreement
F:Ibomo\oaoinoalbillal77I.94
/JJ - '1
Page 7
EXHmIT B
ROUTE ANALYSIS
ANNUAL MILEAGE
FY 1995-96
Roundtrip No. of No. of Route Total Gross Cost @
Route No. Miles Trips Days Mileage Mileage $2.81IMi1e
705:
Weekdays 2.67 26 254 17,633
Saturdays 2.67 18 53 2,548
Sundays 2.67 IS 53 2,123
22,304 $62,674
711:
Weekdays 7.8 13 254 25,756 25,756 $72,374
TOTALS $135,048
PROJECTED RIDERSHIP AND REVENUE
Revenue Credit @
Route Passengers $0.59/Passenger
705 38,960 $22,986
711 28,930 $17,069
TOTAL 67,890 $40,055
Public Transportation Services Agreement
P,_........-illaI1771.,.
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Page 8
t..f.)
Page 2, Item / /
Meeting Date 4/18/95
process, in which a number of individuals make repeated observations of the extent and severity
of cracking over many days or under a number of differing conditions, would lead to a lack of
consistency in the rating of the condition of the street network. The consistency of data is
important to a meaningful pavement management system. The intent of a pavement management
system is to rate all of the City's pavements and to outline the most cost effective maintenance
strategies and maximize the benefit of the maintenance dollar. Without the consistency provided
by an objective system like IMS's, the computer program cannot select streets for maintenance
with any reliability. At the time IMS was selected, they were clearly the leader in the pavement
management area. Overall technology in this area has not changed that much since 1986 and
IMS still appears to be the leader.
The IMS system makes the observations by means of a laser system mounted in a van carrying
a computer that receives the information from the lasers as the van drives the streets at a speed
of 20 to 30 mph. The laser "reads" the amount and size of pavement cracking and measures
the variations in the smoothness of the surface. The computer processes the information which
can be downloaded into the City's computers when the field work is completed.
There is at least one other company that uses an "imaging" system somewhat similar to IMS's
laser system, but which is based on a different technology. That system is also more dependent
on visual ratings, would require entirely new software and more staff time, retraining and loss
of ability to compare results of old data. Each company in this field has their own proprietary
software and none of the other systems appear to provide data compatible with their competitors
software.
Preliminary discussions with some of the various firms with computerized pavement management
programs initially seemed to indicate that a few of them might be less expensive. However,
many of them wanted to train our staff to do the time consuming field observations. IMS's van
mounted laser is expected to complete the field work in less than a month. After being trained
to do the field work it would take a City staff person nearly three months of continuous work
to rate all of the streets in the City using a visual system and we lack available staff time to
review each street in the City. While it may be possible to hire temporary staff to do the visual
ratings, qualified personnel are not readily available. Further, the costs to hire and train such
people would bring the cost of those other systems much closer to the cost of IMS's proposal.
All systems, including the laser based testing program, require occasional verification of results
by trained personnel.
In addition to the additional staff time expenses, using one of the other pavement management
consultants would also require changing all of the program software because, as indicated above,
each company has their own proprietary software. This would also lead to the loss of the value
of our existing software and data before we have had an opportunity to compare the results of
our pavement management efforts over the last five years with the anticipated results based on
the previous data. IMS has continually been upgrading their computer program to more
effectively handle all of the maintenance and financing scenarios unique to our City and, as part
of the annual system maintenance costs, has provided those to us.
I/~ .2
Page 3, Item }/
Meeting Date 4/18/95
Due to the factors described above, we believe that the IMS system is the most objective,
verifiable, consistent and dependable of the available systems. We have also very closely
examined the cost proposal and negotiated a very reasonable price. Taking all of this into
account, staff believes that the option to change systems at this time should be rejected and is
recommending a sole source purchase of the data collection from IMS.
IMS has now incorporated a capability for the videotaping of crack observations in its Laser
Road Rater to allow the collected information to be reviewed manually as desired. Their
proposal offers this "Vuelog", along with a computer workstation and necessary software, and
software allowing this data to be linked to the City's Geographic Information System as optional
items. Because of the value to City staff to be able to go back and review any data visually at
any time, we are recommending the purchase of this option and have included it in the contract.
The pavement testing work will be done under Capital Improvement Project number STL-211,
Pavement Management Program - Pavement Testing, which was approved by the City Council
as part of the FY 94/95 Capital Improvement Program. The total budget for the project is
$130,000.
IMS's initial proposal for the work was $121,000 plus an additional $18,850 for the "Vuelog
and workstation for a total proposal of $139,850. During contract negotiations Engineering staff
and IMS determined the exact scope of the Pavement Management Program and a time table for
the testing activities. IMS has agreed to do the work as outlined in the Agreement for $115,500.
The cost includes the optional "Vuelog" and workstation items.
The requirement for Errors and Omissions insurance in the City's standard Two Party
Agreement has not been incorporated in this contract. This deletion, with which the City
Attorney concurs, is based on several considerations: 1) The effect of an error or omission in
the consultant's work would be minimal due to intervening reviews and considerations by City
staff. If they omit identifying a deteriorating road, we will see it and have to pay for it when
it deteriorates; if they identify a good road as one that is in bad condition, their conclusion will
be visually checked and corrected without cost; 2) Because of the limited funding that the City
has available for its pavement management program, recommendations by the consultant for
more expensive strategies are studied very closely and, if at all possible, cut back to fit within
budget constraints; and 3) This type of insurance is not ordinarily carried by consultants working
in this field.
FISCAL IMPACT:
The total cost of the work as outlined in the Agreement is $115,500, which, as indicated above,
staff believes is reasonable for the work to be done. The CIP budget for this project is
$130,000. This expenditure will allow the ongoing pavement management program to be carried
out with greater assurance of optimum return on the City's investment in its street infrastructure.
The total expenditures, including staff time, will be within the budget amount.
SMN/RLD:rb, File #STL2ll
(M:\SHARED\ENGINBER\lMS.II3)
/J- :J
RESOLUTION NO. /7tf~ 'l
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE CONSULTANT SELECTION
PROCESS AND APPROVING AGREEMENT WITH
INFRASTRUCTURE MANAGEMENT SERVICES, INC. (IMS)
FOR PAVEMENT TESTING/CONDITION ANALYSIS, DATA
COLLECTION, AND MANAGEMENT SERVICES
WHEREAS, the City's pavement condition field data is
outdated and new testing/pavement condition data is required for
the entire street network; and
WHEREAS, Infrastructure Management Services, Inc. (IMS)
is the company that performed the original pavement testing for the
city in the 1986; and
WHEREAS, IMS is the only company that can update the
City's Pavement Management System data and provide IMS compatible
software updates; and
WHEREAS, it is necessary to waive the Consultant
Selection Process.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby waive the Consultant Selection
requirement for multiple bidders on the basis that IMS has a unique
technology to provide the service cheaper and in a format
consistent with our existing date collection system, and is
therefore a sole source provider of the service.
BE IT FURTHER RESOLVED that the city Council does hereby
approve the Agreement with Infrastructure Management Services, Inc.
for pavement testing/condition analysis, data collection and
management services, a copy of which is on file in the office of
the City Clerk as Document No. (to be completed by the City
Clerk) .
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
~~}~
Bruce M. Boogaard, City
Attorney
John P. Lippitt, Director of
Public Works
C:\rs\waiver.ils
//-'/
Agreement between
City of Chula Vista
and
Infrastructure Management Services (IMS)
for Pavement Testing and Management Services
This agreement ("Agreement"), dated April 25, 1995 for the purposes of reference only, and
effective as of the date last executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, whose business form is set forth on Exhibit A,
paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the following facts:
Recitals
Whereas, a comprehensive pavement management system for streets in the City of Chula
Vista has been developed for the City by Infrastructure Management Services (IMS); and,
Whereas, the program is utilized by the City, in association with other processes, to
develop pavement rehabilitation projects; and,
Whereas, the City's currently available pavement condition data is outdated and no longer
suitable for its intended purpose; and,
Whereas, the City wishes to obtain new pavement condition data for all the streets within
the City and to incorporate said data into the program; and,
Whereas, the City is desirous of continuing the utilization of the IMS system in the
management of its pavement; and,
Whereas, Consultant warrants and represents that they are experienced and staffed in a
manner such that they are and can prepare and deliver the services required of Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement;
//-5
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutually agree as follows:
1. Consultant's Duties
A. General Duties
Consultant shall perform all of the services described on the attached Exhibit A,
Paragraph 7, entitled "General Duties"; and,
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant shall also
perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and
Schedule", not inconsistent with the General Duties, according to, and within the time frames set
forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit
A, Paragraph 8, within the time frames set forth therein, time being of the essence of this
agreement. The General Duties and the work and deliverables required in the Scope of Work
and Schedule shall be herein referred to as the "Defmed Services". Failure to complete the
Defined Services by the times indicated does not, except at the option of the City, operate to
terminate this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City
and Consultant agree to meet in good faith and confer for the purpose of negotiating a
corresponding reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the Defmed Services ("Additional
Services"), and upon doing so in writing, if they are within the scope of services offered by
Consultant, Consultant shall perform same on a time and materials basis at the rates set forth in
the "Rate Schedule" in Exhibit A, Paragraph 11 (B), unless a separate fixed fee is otherwise
agreed upon. All compensation for Additional Services shall be paid monthly as billed.
E. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined Services
or Additional Services, shall perform in a 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.
Page 2
J /,?-
I-h
F. Insurance
Consultant represents that it and its agents, staff and subconsultants employed by it in
connection with the Services required to be rendered, are protected against the risk of loss by the
following insurance coverages, in the following categories, and to the limits specified, policies of
which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or
shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage
in the amount set forth in the attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including Business Automobile Insurance
coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied
separately to each project away from premises owned or rented by Consultant, which names City
and Applicant as an Additional Insured, and which is primary to any policy which the City may
otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant
in the same manner as members of the general public ("Cross-liability Coverage").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates of
Insurance demonstrating same, and further indicating that the policies may not be canceled
without at least thirty (30) days written notice to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured Coverage, Primary Coverage and
Cross-liability Coverage required under Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall
be reviewed and approved by th Risk Manager.
H.
(1) Performance Bond.
In the event that xhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the
City a performance bond by a surety and in a form and amount satisfactory to the Risk Manager
or City Attorney which amount is indicated in the space adjacent to the term, "Performance
Bond", in said Paragraph 19, Exhibit A.
Page 3
jl- ?
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City
an irrevocable letter of credit callable by the City at their unfettered discretion by submitting to
the bank a letter, signed by the City Manager, stating that the Consultant is in breach of the
terms of this Agreement. The letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which amount is indicated in th~ space
adjacent to the term, "Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph entitled "Other Security"),
then Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
I. Business License
Consultant agrees to obtain a business license from the City and to otherwise comply with
Title 5 of the Chula Vista Municipal Code.
2. Duties of the City
A. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the progress of
the Defined Services and Schedule therein contained, and to provide direction and guidance to
achieve the objectives of this agreement. The City shall permit access to its office facilities, files
and records by Consultant throughout the term of the agreement. In addition thereto, City agrees
to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and
with the further understanding that delay in the provision of these materials beyond 30 days after
authorization to proceed, shall constitute a basis for the justifiable delay in the Consultant's
performance of this agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than
monthly, on the day of the period indicated in Exhibit A, Paragraph 18, City shall compenSate
Consultant for all services rendered by Consultant according to the terms and conditions set forth
in Exhibit A, Paragraph 11, adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, subject to the requirements for retention set
forth in paragraph 19 of Exhibit A, and shall compensate Consultant for out of pocket expenses
as provided in Exhibit A, Paragraph 12.
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All billings submitted by Consultant shall contain sufficient information as to the propriety
of the billing to permit the City to evaluate that the amount due and payable thereunder is proper,
and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 18 (C)
to be charged upon making such payment.
3. Administration of Contract
Each party designates the individuals (.Contract Administrators.) indicated on Exhibit A,
Paragraph 13, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have complied with all executory
provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit
A, Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a reasonable amount to compensate
for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess of
the time specified for the completion of the respective work assignment or Deliverable, the
consultant shall pay to the City, or have withheld from monies due, the sum of Liquidated
Damages Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by
the City, shall be requested in writing to the City's Contract Administrator, or designee, prior to
the expiration of the specified time. Extensions of time, when granted, will be based upon the
effect of delays to the work and will not be granted for delays to minor portions of work unless it
can be shown that such delays did or will delay the progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as an .FPPC filer", Consultant is
deemed to be a .Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
Page 5
//~ 1
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will not acquire, obtain, or assume an economic interest
during the term of this Agreement which would constitute a conflict of interest as prohibited by
the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in any property which may be the subject matter
of the Defmed Services, or in any property within 2 radial miles from the exterior boundaries of
any property which may be the subject matter of the Defined Services, ("Prohibited Interest"),
other than as listed in Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance of this Agreement.
Consultant promises to advise City of any such promise that may be made during the Term of
this Agreement, or for 12 months thereafter.
Page 6
//-/t:I
Consultant agrees that Consultant Associates shall not acquire any such Prohibited Interest
within the Term of this Agreement, or for 12 months after the expiration of this Agreement,
except with the written permission of City.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees, from and against all claims for damages, liability, cost and
expense (including without limitation attorneys' fees) arising out of the conduct of the Consultant,
or any agent or employee, subcontractors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising from the sole negligence or sole
willful conduct of the City, its officers, or employees. Consultant's indemnification shall include
any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents,
or employees in defending against such claims, whether the same proceed to judgment or not.
Further, Consultant at its own expense shall, upon written request by the City, defend any such
suit or action brought against the City, its officers, agents, or employees. Consultants'
indemnification of City shall not be limited by any prior or subsequent declaration by the
Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the
covenants, agreements or stipulations of this Agreement, City shall have the right to terminate
this Agreement by giving written notice to Consultant of such termination and specifying the
effective date thereof at least five (5) days before the effective date of such termination. In that
event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports and
other materials prepared by Consultant shall, at the option of the City, become the property of
the City, and Consultant shall be entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up to the effective date of Notice
of Termination, not to exceed the amounts payable hereunder, and less any damages caused City
by Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' negligence,
errors, or omissions in the performance of work under this Agreement has resulted in expense to
City greater than would have resulted if there were no such negligence, errors, omissions,
Consultant shall reimburse City for any additional expenses incurred by the City. Nothing herein
is intended to limit City's rights under other provisions of this agreement.
Page 7
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:>
to. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any reason, by giving specific
written notice to Consultant of such termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination. In that event, all finished and
unfinished documents and other materials described hereinabove shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is terminated by City as provided in
this paragraph, Consultant shall be entitled to receive just and equitable compensation for any
satisfactory work completed on such documents and other materials to the effective date of such
termination. Consultant hereby expressly waives any and all claims for damages or compensation
arising under this Agreement except as set forth herein.
11. Assignability
The services of Consultant are personal to the City, and Consultant shall not assign any
interest in this Agreement, and shall not transfer any interest in the same (whether by assignment
or novation), without prior written consent of City. City hereby consents to the assignment of
the portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, designs, plans, procedures,
systems and any other materials or properties produced under this Agreement shall be the sole
and exclusive property of City. No such materials or properties produced in whole or in part
under this Agreement shall be subject to private use, copyrights or patent rights by Consultant in
the United States or in any other country without the express written consent of City. City shall
have unrestricted authority to publish, disclose (except as may be limited by the provisions 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.
13. Independent Contractor
City is interested only in the results obtained and Consultant shall perform as an
independent contractor with sole control of the manner and means of performing the services
required under this Agreement. City maintains the right only to reject or accept Consultant's
work products. Consultant and any of the Consultant's agents, employees or representatives are,
for all purposes under this Agreement, an independent contractor and shall not be deemed to be
an employee of City, and none of them shall be entitled to any benefits to which City employees
are entitled including but not limited to, overtime, retirement benefits, worker's compensation
benefits, injury leave or other leave benefits. Therefore, City will not withhold state or federal
income tax, social security tax or any other payroll tax, and Consultant shall be solely
responsible for the payment of same and shall hold the City harmless with regard thereto.
Page 8
//,/2.
14. 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 flied with the City and acted upon by the
City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, as same may from time to time be amended, the provisions of which are incorporated by
this reference as if fully set forth herein, and such policies and procedures used by the City in the
implementation of same.
Upon request by City, Consultant shall meet and confer in good faith with City for the
purpose of resolving any dispute over the terms of this Agreement.
15. Attorney's Fees
Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing
party shall be entitled to recover all reasonable costs incurred in the defense of the claim,
including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the
preparation of a report or document in performing the Dermed Services, Consultant shall include,
or cause the inclusion of, in said report or document, a statement of the numbers and cost in
dollar amounts of all contracts and subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifIcally authorized in writing by City, Consultant shall have no authority to act
as City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker andlor Salesman
If the box on Exhibit A, Paragraph 16 is marked, the Consultant andlor their principals
isl are licensed with the State of California or some other state as a licensed real estate broker or
salesperson. Otherwise, Consultant represents that neither Consultant, nor their principals are
licensed real estate brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted to be given pursuant to this
Agreement must be in writing. All notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served or deposited in the United
States mail, addressed to such party, postage prepaid, registered or certifIed, with return receipt
requested, at the addresses identifIed herein as the places of business for each of the designated
parties.
J/~/J
Page 9
D. Entire Agreement
This Agreement, together with any other written document referred to or contemplated
herein, embody the entire Agreement and understanding between the parties relating to the
subject matter hereof. Neither this Agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party against
which enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and represents to the other party that it
has legal authority and capacity and direction from its principal to enter into this Agreement, and
that all resolutions or other actions have been taken so as to enable it to enter into this
Agreement.
F. Governing LawNenue
This Agreement shall be governed by and construed in accordance with the laws of the
State of California. Any action arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State of California, and if applicable,
the City of Chula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
Page 10
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Signature Page
to
Agreement between City of Chula Vista and Infrastructure Management Services (lMS)
for Pavement Testing and Management Services
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent
to its terms:
Dated:
,19_
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Ovv- ~'"'-R ~~
Bruce M. Boogaard, City Att mey
Dated:
Infrastructure Management Services (IMS)
By:
Dominick J. Gatto, P. E., President
Exhibit List to Agreement
( X) Exhibit A.
() Exhibit B:
Page 11
/"
/ / -/~
Exhibit A
to
Agreement between
City of Chula Vista
and
Infrastructure Management Services (IMS)
1. Effective Date of Agreement: April 25, 1995
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State
of California
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
, a [insert business form]
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Infrastructure Management Services, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
3350 Salt Creek Lane, Suite 117
Arlington Heights, IL 60005
Phone (708) 506-1500
Fax (708) 255-2938
Page A-I
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7. General Duties:
The Consultant shall collect pavement condition data for the City's entire street System by test
sections as defmed below. The Consultant shall provide a final pavement management report which
outlines a street program of maintenance, repair, rehabilitation and replacement and assures the
optimization of tax dollars. The final report shall include a five year pavement improvement plan
based on the recommendations of the pavement evaluation program. The pavement management
system must also meet the minimum pavement management requirements for the Flexible Congestion
Relief Fund under Proposition 111 and the Federal Intermodal Surface Transportation Efficiency Act
(ISTEA).
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
A test section is defined as a street segment 660 ft. long. All lanes within each test
section shall be tested and analyzed as described in this section of the agreement. It
is estimated that there will be approximately 4,900 test sections.
The consultant shall perform one deflection test for each of the test sections with the
dynaflect machine. The analysis of the deflection tests must provide load transfer
properties, overall strength of the pavement structural section, and pavement type.
The Consultant shall furnish all services as required to collect the pavement condition
data for the City's entire street network that at a minimum, includes the following:
a. Update the inventory of the entire street system with a network level
evaluation, and analyze selected streets with a project level evaluation.
b. Priority reports suggesting the most cost effective individual strategy and
major maintenance treatment for each segment of a street in the network,
prioritized in light of the entire network.
c. Budget reports indicating the most cost effective five year street maintenance
and rehabilitation Capital Improvement Programs.
d. Budget analysis for the entire network including the effects of deferred
maintenance.
e. Surface condition survey utilizing the video enhanced Laser Road Surface
Tester (RST).
The Consultant shall perform the following tasks:
Task 1 - Identification of the PrOlITam
The Consultant shall identify the types of data f1les and method of collection. It is
also required to identify the types of reports and analysis that could be generated, and
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Page A-2
to ensure that the available City hardware and software will support these data files.
Task 2 - Field Data
The Consultant shall perform a detailed and complete environmental survey and
pavement condition testing and analysis of the entire street network using the RST.
The Continuous Laser RST Surface Condition Survey shall include crack, texture,
rutting, and roughness investigations, environmental and drainage survey and
inventory at block test intervals. The Consultant shall enter all data collected into the
City's IMS system, edit and error check the data to prevent input and field errors
from corrupting the data. In addition, the Consultant shall provide the data in a
format that links the data to the City's GIS system and is integrated with ARCVIEW
2.
Task 3 - Identification and Determination of a Preventive Maintp.nance ProlZram
Using the data collected and loading it on the City's IMS system, the Consultant shall
identify the various maintenance requirements for each section and its costs. Also,
the Consultant shall prepare a preventive maintenance program with respect to the
City's budget forecasts. A report is required at the end of this task.
Task 4 - Identification Qf Rehabilitation StratelZies
The Consultant shall identify at least four different strategies per street segment and
recommend the most feasible rehabilitative alternative. The effects of the timing of
the rehabilitation should be taken into account so that the City can evaluate the
consequences of delaying and/or accelerating projects. The evaluation will consider
when a utility company or City forces are planning to perform construction inion a
roadway segment. A report is required at the end of this task.
Task 5 - Prenaration of a Five (5) vear Rp.habjlitation ProlZram
A 5-year rehabilitation program shall be prepared documenting the sections to be
improved in each year and the type of improvement recommended in such a way as
to ensure maximum performance for the network while staying within the annual
budget forecasts. The consultant must take into consideration future storm drain,
sanitary sewer, and water line construction in accordance with the future master plans
of the City and the water companies. A report is required at the end of this task.
Task 6 - Fin::andal Phmninp'
The Consultant shall determine the annual funding necessary to maintain the City's
network of streets at a specified level of serviceability at a minimum cost to the City.
A report is required at the end of this task.
The Consultant shall supply the City with One-Channel VUELOG Workstation
Equipment which includes one SVHS professional grade VCR, one SVHS TV
monitor, character generator, time code reader and all necessary cabling. The
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Page A-3
Consultant shall also supply City with VUELOG II software and all VUELOG
videotapes from the Laser RST with index of all streets tested.
The Consultant shall provide the City with the following training:
. IMS Comprehensive Pavement Management Software Program (Version 5.1)
training, a minimum of seven days; and,
. Dynaflect Familiarization Training - one day; and
. Three (3) day Manual Surface Rating Course.
The Consultant shall provide the City with all the services, supplies, equipment,
hardware, software, reports, training, and technical assistance described in the IMS
proposal to the City dated December 30, 1994 that are not mentioned or clearly
identified in this agreement.
The Consultant shall provide four (4) years of maintenance, updates, service and
support (February 1, 1997 to January 31, 2001) for a total fee of $2,400 per year.
The work identified in this exhibit, is to be performed in May, June, and July of
1995.
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: May 1, 1995
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: All field data collection and related work shall be completed
and delivered to the City by June 30, 1995.
Deliverable No.2: Delivery of VUELOG workstation and all software shall be
completed by June 30, 1995.
Deliverable No.3: Pavement Management Software Training shall be provided
in three stages, the first of which will be completed by June
30, 1995; the second by October 1, 1995 and the third by
April 1, 1996. The actual schedule may be altered as
requested by City.
Deliverable No.4: All Pavement Management reports shall be completed and
delivered in final form by July 31, 1995.
D. Date for completion of all Consultant services: July 31, 1995, except as modified by the
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Page A-4
training schedule.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
( ) Errors and Omissions Insurance: $500,000 (not included in Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
The City will furnish the Consultant, to the extent that they are available, existing City maps,
existing street and survey information, traffic data, and any other such information which may be
helpful to the Consultant in the performance of the service.
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth
below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
B. (X) Itemized Fixed Fee Arrangement.
For the performance of each item of Defmed Services by Consultant as identified below, City
shall pay the fixed fee for each test section associated with each item of Defmed Services, in the
amounts and at the times or milestones or Deliverables set forth . Consultant shall not commence
Services under any item, and shall not be entitled to the compensation for a item, unless City shall
have issued a notice to proceed to Consultant as to said item. The fmal amount to be paid the
Consultant will be based on the actual number of test sections conducted. It is estimated that there
will be approximately 4,900 test sections. The Consultant shal1 provide the same testing, analysis
and management services described in this agreement at the same unit costs for any test sections
above and beyond the 4,900 test sections.
)/-.)-1)
Page A-5
Description of Item
Continuous Laser RST Surface Condition Survey - includes
crack, texture, rutting and roughness investigations,
environmental and drainage survey, and inventory at block test
intervals; 4,900 sections @ $12/section
Dynaflect Deflection Testing; 4,900 tests at $7/test
IMS Comprehensive Pavement Management Software Program
(Version 5.1) training (7 days minimum) and I year of
maintenance, updates, service and support (February 1, 1996 to
January 31, 1997) - No Charge
VUELOG Videotapes from Laser RST with index of all streets
tested; 4,900 @ $0.50/section
One-Channel VUELOG Workstation Equipment which includes
one SVHS professional grade VCR, one SVHS TV monitor,
character generator, time code reader and all necessary cabling
VUELOG II Software - No Charge
Link Pavement Management data to ARC/INFO Centerline
Map; 4,900 sections @ $0.50/section
IMSIMAPVIEW Software - integrate PMS-VUELOG-
ARCVIEW - No Charge
One (1) day Dynaflect Familiarization Training - No Charge
Three (3) Day Manual Surface Rating Course
Pavement Management Reports
TOTAL
Additional Services
Estimated Fee for Said Item
$58,800
$34,300
o
$2,450
$4,500
o
$2,450
o
o
$3,000
$10,000
$115,500
In addition to performing the Dermed Services outlined above, the City may require Consultant to
perform additional consulting services related to the Dermed Services, and upon doing so in writing,
if they are within the scope of services offered by Consultant, Consultant shall perform same on a
time and materials basis at the rates set forth in the "Rate Schedule" below, unless a separate fixed
fee is otherwise agreed upon. Nothing herein shall preclude Consultant from providing additional
services at Consultant's own cost and expense.
)) ~ .2 /
Page A-6
Rate Schedule
Category of Employee
of Consultant
Hourly
~
$90
$50
$45
$30
Senior Engineer
Senior Programmer
Senior Technician
Data Entry Clerk
C. () Hourly Rate Arrangement
For performance of the Defmed Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said Services,
at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms
and conditions:
(1) () Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess
of said Maximum Compensation amount, Consultant agrees that Consultant will
perform all of the Defmed Services herein required of Consultant for
$ including all Materials, and other "reimbursables" ("Maximum
Compensation").
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
(" Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved
by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
) I ~:22
Page A-7
Rate' Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
() Hourly rates may increase by 6% for services rendered after [month], 19 ,
if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
not to exceed $
() Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
13. Contract Administrators:
City: John P. Lippitt, Director of Public Works
Department of Public Works
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5021
//-13
Page A-8
Consultant: Dominick J. Gatto, P.E., President
3350 Salt Creek Lane
Suite 117
Arlington Heights, IL 60005
(708) 506-1500
14. Liquidated Damages Rate:
( ) $_per day.
( X) Other: None
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No. 1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
() Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale of
real property.
() Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
() Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( ) Category NO.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any:
-------------------------------------------------------------
------------------------------------------------------------
------------------------------------------------------------
-----------------------------------------------------------~
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Page A-9
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None.
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Following completion and acceptance by City of each item of work.
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Following completion and acceptance by City of each item of work.
C. City's Account Number: 250-2501-STUll
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
(X) Retention Percentage: 50%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
(X) Other: Delivery and acceptance of work for each item
,./'
//-.).~
Page A-I0
COUNCIL AGENDA STATEMENT
Item
/eJ-
Meeting Date 04/18/95
ITEM TITLE: Resolution J 7 Yt ~anting an easement to SDG&E for electrical
facilities within an Open Space adjacent to Terra Nova Drive in Rancho
del Rey SPA II Phase 2 Unit No.3 (Chula Vista Tract No. 89-5) and
authorizing the Mayor to execute said easement on behalf of the City
SUBMITTED BY: Director of Public Worh.~ ~ ~ I
Director of Parks and R~eation"'1'
REVIEWED BY: City Manager~~1. (4/5 Vote: Yes_ No--X..J
SDG&E has submitted a request to the City to obtain an easement within a City open space lot
to install an underground utility vault and conduit for underground electrical lines, which are
part of the system providing electrical service to the residential subdivision designated as Chula
Vista Tract No. 89-5.
RECOMMENDATION: That Council adopt the subject resolution granting the easement and
direct the Mayor to sign the document on behalf of the City.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The location of the proposed easement is at the southerly tip of the open space designated as Lot
"C" of Subdivision Map No. 12722, recorded on October I, 1990. On said map, the Rancho
del Rey Partnership granted to the City, in fee, Lot "C" (along with Lots "A", "B" & "D") for
open space, public utilities, and other public uses.
The residential subdivision containing Lot "C" is currently under construction. Based upon
actual field conditions at the construction site, SDG&E' s electrical system layout inadvertently
results in an encroachment into Lot "C", for which the subject easement is being requested. The
encroachment consists of a 6' x 3' underground utility vault, whose top surface is at ground
level, and associated underground conduit containing electrical lines (see Exhibit" A").
Since the electrical facilities are in place, and there will be no additional disruption on the
surface of the open space lot, staff recommends that the easement be granted to SDG&E. In
consideration of its physical topography, the open space lot will not be accessed by vehicular
or pedestrian traffic at the location of the subject easement. The facilities, however, are in an
ideal location, being at a remote edge of the open space's periphery, but also being located at
),2 - J
Page 2, Item /)...
Meeting Date 4/18/95
the back of sidewalk adjacent to Terra Nova Drive. This provides easy access for SDG&E's
maintenance personnel. The facilities will not interfere with the day-to-day activities of the
future residents.
Staff also recommends that no monetary compensation be asked for in return for the easement,
since SDG&E is a public utility, and the public utility facilities are an allowed use for open
space lots.
SDG&E has submitted a grant of easement form with legal description and plat for staffs
review. It has been found to be acceptable for execution and eventual recordation.
FISCAL IMPACT:
Granting of this easement will have no impact on the open space maintenance costs, nor will it
result in any additional revenues to the City or the open space district.
Attachments:
Exhibit "A"
JGA:PF-231
[M:\HOME\ENGINEER\PERMITS\Al13.231]
J;2~;Z
RESOLUTION NO. J 7 Jrt Y
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA GRANTING AN EASEMENT TO SDG&E FOR
ELECTRICAL FACILITIES WITHIN AN OPEN SPACE
ADJACENT TO TERRA NOVA DRIVE IN RANCHO DEL REY
SPA II PHASE 2 UNIT NO. 3 (CHULA VISTA TRACT
NO. 89-5) AND AUTHORIZING THE MAYOR TO EXECUTE
SAID EASEMENT ON BEHALF OF THE CITY
WHEREAS, SDG&E has submitted a request to the City to
obtain an easement within a city open space lot to install an
underground utility vault and conduit for underground electrical
lines, which are part of the system providing electrical service to
the residential subdivision designated as Chula Vista Tract No. 89-
5; and
WHEREAS, SDG&E has submitted a grant of easement form
with legal description and plat for staff's review which has been
found to be acceptable for execution and eventual recordation; and
WHEREAS, staff recommends that no monetary compensation
be asked for in return for the easement, since SDG&E is a public
utility, and the public utility facilities are an allowed use for
open space lots.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby grant an easement to SDG&E for
electrical facilities within an Open Space adjacent to Terra Nova
Drive in Rancho del Rey SPA II Phase 2 unit No. 3 (Chula vista
Tract No. 89-5), a copy of which is on file in the office of the
City Clerk.
BE
Chula vista
Easement for
IT FURTHER RESOLVED that the Mayor of the City of
is hereby authorized and dire, ted to ex ute said
and on behalf of the city of ch la Vista.!
~ t fO:1J
Bruce M.
Attorney
City
Presented by
John P. Lippitt, Director of
Public Works
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FILE: P.F-23/
Recording Requested by
San Diego Gas & Electric Company
When recorded, mail to:
San Diego Gas & Electric Company
PO Box 1831
San Diego, CA 92112
Attn.: Office Services, EB 5
SPACE ABOVE FOR RECORDER'S USE
Project No.: 410943-010
Constr. No.: 2502860
APNNo.: 592-121-06
Transfer Tax Nmll:
SAN DIEGO GAS & ELECTRIC COMPANY
UNDERGROUND ELECTRIC EASEMENT
THE CITY OF CHULA VISTA, a municipal COIpOration, (Grantor), grants to SAN DIEGO GAS &
ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands
hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities
consisting of underground facilities and appurtenances for the transmission and distribution of electricity, including retaining
walls.
The above facilities will be installed at such locations and elevations upon, along, over and under the
hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of
ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee
further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and
materials.
The property in which this easement and right of way is hereby granted is situated in the County of San Diego,
State of California, described as follows: The Southeasterly 4.00 feet of Lot "C" of CHULA VISTA TRACT No. 89-5,
RANCHO DEL REY SPA II, PHASE 2, UNIT No.3, according to Map thereof No. 12722, on file in the Office of
the County Recorder of said County of San Diego.
The easement in said Lot "C" shall be a strip of land, including all of the area lying between the exterior
sidelines, which sidelines shall be two (2) feet, measured at right angles, on each exterior side of each and every facility
installed as shown on Grantee's Construction Order No. 2502860 (available upon request from Grantee) within said
property on or before October 1,1995.
SDG&E shall defend, indemnifY and hold harmless the City, its elected and appointed officers and employees,
from and against all claims for damages, liability, cost and expense (including but not limited to attorney's fees)
arising out of the conduct of SDG&E, or any agent or employee, subcontractors, or others in connection with
the execution of the work covered by this easement, except those claims arising from the sole negligence or
sole willful conduct of the City, its officers or employees. SDG&E's indemnification shall include any and all
costs, expenses, attorney's fees and liability incurred by the City, its officers, agents or employees in defending
against such claims, whether the same proceed to judgment or not. Further, SDG&E, at its own expense shall,
upon written request by the City, defend any suit or action brought against the City, its officers, agents or
employees arising out of the conduct of SDG&E, or any agent or employee, subcontractor, or others in
connection with the execution of the work covered by this easement, except those claims arising from the sole
negligence or sole willful conduct of the City, its officers or employees. SDG&E's indemnification of City shall
not be limited by any prior or subsequent declaration by SDG&E.
H:\R\D4.dol.BAJ
/2~5
Grantor shall at all times indemnify and save harmless Grantee against, and pay in full, all loss, damage or
expense that Grantee may sustain, incur or become liable for, resulting in any manner from the construction, maintenance,
use, state of repair or presence of Grantee's facilities and all necessary and proper fixtures and equipment for use in
connection therewith, including any such loss, damage or expense arising out of (a) loss of or damage to property and (h)
injury to or death of persons, excepting any loss, damage or expense and claims for loss, damage or expense resulting in any
manner from the negligent act or acts of the Grantee, its contractors, officers, agents or employees.
Grantor shall not erect, place or construct, nor permit to he erected, placed or constructed, any building or other
structure, plant any tree, drill or dig any well, within this easement.
Grantor shall not increase or decrease the ground surface elevations within this easement after installation of
Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably he withheld
Grantee shall have the right but not the duty, to trim or remove 1rees and brush along or adjacent to this
easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve
Grantor of the duty as owner to trim or remove 1rees and brush to prevent danger or hazard to property or persons.
CONDUITS CARRY mGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make
or allow any excavation or fill to he made within this easement WITHOUT FIRST NOTIFYING SAN DffiGO GAS &
ELECTRIC COMPANY BY CALLING 696-2000, and OBTAINING PERMISSION.
This easement shall be binding upon and inure to the benefrt of successors, heirs, executors, administrators,
permittees, licensees, agents or assigns of Grantor and Grantee.
IN WITNESS WHEREOF, Grantor executed this instrument this _ day of
.19_.
Drawn Svendsen
Date January II, 1995
Project No. 410943-0 I 0
Cons!. No. 2502860
A.P. No. 592-120-06
THE CITY OFCHULA VISTA
a municipal corporation
By:
STATE OF CALIFORNIA
COUNTY OF SAN DIEGO
)...
)
On
1995, before me.
(notary'l ..m.)
(title of .otlry)
peno..Uy .ppeared
-pono..11y known to m. ----.JWOved to _ .. tile bull of utllfaetory ovIdenee
to be th. penon(l) ....... ..mo(l) W.re 1U......lbed to tile wilIIlD lDetru_t aDd ......owledpd to _ th.t bellbeltbey .DClIted th.
aam. ID hlllb.rltb.ir .uthorlzed Cllp.city(IeI), .ad that hy hlllberltbelr IIp.ture(l) nD tile Iaetru_t!be penon(l), or the eatlty npon
beh.1f of....1cb th. penon(l) acted, ....uted tile laltrumeat.
<-I)
WITNESS my h.nd .nd omclal_L
S..ture
H:\RID4.doL.BAJ
/.2 -{.-
COUNCIL AGENDA STAlEMENT
Item I J
Meeting Date 411&'95
ITEM 1ITLE:
Resolution 17 ~t ~uthOrizing temporary street closures on May 27, 1995,
for a SKllOK road race sponsored by the Bonita Road Runners
Director of Parks and Recreati~
City Manager ~~)\q (4/5ths Vote Yes_NolO
SUBMITfED BY:
REVIEWED BY:
The Bonita Road Runners organization is requesting permission to conduct a SK and lOK road race
around Rohr Park on Saturday, May 27, 1995.
RECOMMENDATION:
conditions.
That the City Council approve the Resolution subject to staff
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The Bonita Roadrunners organization is requesting permission to conduct their
11th annual road race on Saturday, May 27, 1995. The race will be conducted on the streets
surrounding Rohr Park, including Sweetwater Road, Bonita Road, Central Avenue and Willow Street.
A map of the proposed race route is attached (Attachment A).
The SK race will start at 7:30 AM, and the lOK race will begin at approximately 8:1S AM. The
sponsor is expecting approximately 4S0 participants, and anticipates that City streets will be cleared
by approximately 9:30 AM.
In 1993 and 1994, the Roadrunners conducted a SKIS Mile event instead of their traditionalSKl10K
races. However, this necessitated an extension of the race course, and involved additional street
closures and police services. The Roadrunners are returning to the 5K110K format this year,
simplifying the race course considerably, and reducing the impact of the event on area streets.
The sponsor is requesting support from the Chula Vista Police Department to coordinate traffic
control for the event. This control will include temporary street closures that will result in temporary
traffic delays on Willow Street and Sweetwater Road. The sponsor has requested that the north
bound lane of Willow Street be closed to vehicular traffic during most of the race to allow race
participants a better corridor of safety as they cross the Willow Street bridge. The Police Department
will monitor traffic in this area, and will allow for single lane traffic flow both north and south bound
on an alternating basis. Sweetwater Road will be closed temporarily on two occasions to allow for
the start of both the races. Traffic should not be affected on Central and Bonita. All costs
associated with this support will be defrayed by the Race Sponsor.
Ug:-aI13-bonitaSk.113-3-28-9S]
1
J'J - /
Item / J
Meeting Date 4/18195
The sponsor is also requesting support from the Parks and Recreation Department to help them
facilitate parking and pre-and post race activities in Rohr Park. The sponsor will pay for all costs
incurred by the Department.
Approval of the request shall be subject to the following staff conditions. The Bonita Roadrunners
shall:
1. Provide evidence of general liability insurance in the amount of $1 million, in the form of a
certificate of insurance and policy endorsement, which names the City of Chula Vista as
additional insured.
2. Sign and submit a standard City Hold Harmless Agreement.
3. Make arrangements to provide adequate traffic control along the entire race course, as
determined by the Police Department. The cost for said arrangements will be reimbursed to
the City by the sponsor.
4. Make arrangements to provide adequate parking control, and crowd control, as determined
by the Police Department. The cost for said arrangements will be reimbursed to the City by
the sponsor.
5. Make arrangements to clean-up any litter generated by the event along all roadways and in
Rohr Park.
6. Post signage along the perimeter of the course notifying residents that the event will occur.
Said signage shall be posted at least 72 hours in advance of the event.
FISCAL IMPACI': None. All required Police and Parks and Recreation Department costs will
be paid for by the Bonita Roadrunners. Estimated costs are indicated below:
Parks and Recreation - $90.00
Police - $800.00
Attachment: "A" - Site Diagram
Ug:-a113-bonitaSk.113-3-28-9S] 2
J3-d-.
RESOLUTION NO.
l?r~9
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING TEMPORARY STREET
CLOSURES ON MAY 27, 1995, FOR A 5K/10K ROAD
RACE SPONSORED BY THE BONITA ROAD RUNNERS
WHEREAS, the Bonita Road Runners organization is
requesting permission to conduct a 5K and 10K road race around Rohr
Park on Saturday, May 27, 1995; and
WHEREAS, a large portion of the race is to be conducted
on the streets surrounding Rohr Park, including Sweetwater Road,
Bonita Road, Central Avenue and willow Road; and
WHEREAS, the 5K race will start at 7: 30 A.M., and the 10K
race will begin at approximately 8:15 A.M. with the approximately
450 participants expecting to complete the races and be clear of
City streets by 9:30 A.M.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby authorize temporary street
closures on May 27, 1995 for a 5K/10K road race sponsored by the
Bonita Road Runners subject to the following staff conditions:
1. Provide evidence of general liability insurance in the amount
of $1 million, in the form of a certificate of insurance and
policy endorsement, which names the City of Chula vista as
additional insured.
2. sign and submit a standard City Hold Harmless Agreement.
3. Make arrangements to provide adequate traffic control along
the entire race course, as determined by the Police
Department. The cost for said arrangements will be reimbursed
to the city by the sponsor.
4. Make arrangements to provide adequate parking control, and
crowd control, as determined by the Police Department. The
cost for said arrangements will be reimbursed to the City by
the sponsor.
5. Make arrangements to clean-up any litter generated by the
event along all roadways and in Rohr Park.
6.
Post signage along the perimeter of the
residents that the event will occu. Said
posted at least 72 hours in advan e of the
course notifying
'gnage shall be
v nt.
Presented by
fO~
city
Jess Valenzuela, Director of
Parks and Recreation
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COUNCIL AGENDA STATEMENT
Item: ~
Meeting Date: 04/18/95
ITEM TITLE:
SUBMITTED BY:
Report: Cultural Arts Festival - 1996
Director of parks(:nd Recreati0l1~(}I
City Manager G it
~iYv .
(4/5ths Vote: Yes _ No .xJ
REVIEWED BY:
On February 28, 1995, during discussion of City-sponsored special events, Council directed staff to
develop a plan for combining the resources of Winterfest, the Cultural Arts Festival, and the Community
Pride Fair, into one premier event. This report recommends the continuation of planning and
implementation of the 1995 Cultural Arts Festival on May 20, 1995, and outlines the proposed budget
for a combined event to be conducted Spring of 1996.
RECOMMENDATION: That Council support:
I. the continuation of planning and implementation of the 1995 Cultural Arts Festival scheduled for
May 20, 1995 (as recommended by the Cultural Arts Commission [see below]), and
2. a concept plan and proposed budget of $30,200 for a Cultural Arts Festival in the Spring of 1996
at the Bayfront (combining available City resources from Winterfest, the Cultural Arts Festival,
and the Community Pride Fair); including the to-be-requested Port District funding of $23,000;
for a net City cost of the event of $7,800.
BOARD/COMMISSION RECOMMENDATION: At their regularly scheduled meetings of March 14
(Minutes are Attachment "A") and Aprilll, 1995 (Minutes unavailable at Agenda mailing), the Cultural
Arts Commission considered the combination of the three events, and made the following
recommendations:
1. Continue the planning and implementation of the 1995 Cultural Arts Festival, and enhance the
event to encompass community pride concepts with a budget of $10,000 from existing funds
($4,000 from the Cultural Arts Festival budget, $2,200 from the Theatre Arts budget, and $3,800
from the Community Pride Fair budget) [budget is Attachment "8 "]; and that the "FRIENDS OF
THE ARTS" be acknowledged as a community partner in the planning and implementation of the
1995 Cultural Arts Festival; and
2. Combine the resources of the Winterfest event, the Cultural Arts Festival, and the Community
Pride Fair, and conduct one Festival in the Spring of 1996; and
3. Establish a Cultural Arts Festival budget (Attachment "C") in FY 95/96 of approximately
$32,450, and a Planning Committee that would include businesses, local school districts,
members of the Commission, and other interested community groups. However, at the Aprilll,
IAl1l..........".O<-lM.1!
I
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Item: / i
Meeting Date: 04/18/95
1995 meeting, the Commission concurred with staff discussion regarding the event budget change
to $30,200.
DISCUSSION: On February 14, 1995, Council directed staff to prepare a report evaluating the
Community Pride Fair, and propose options for conducting the event in the future. In subsequent action
on February 28, 1995, Council directed staffto develop a plan for combining the resources of Winterfest,
the Cultural Arts Festival, and the Community Pride Fair into one premier event that would involve the
local business community and local schools. Council further directed that the event be planned on Port
District property (so the Port could co-sponsor and assist in fmancially supporting the event). Council
also wanted staff to ensure that the event not be conducted on a major holiday.
Cultural Arts Festival - Mav 20. 1995
Planning for the 1995 Cultural Arts Festival has been underway for a number of months, and staff is
proposing that the event be conducted as scheduled on May 20, 1995. Some enhancements to the event
(the participation of local performing groups at a supplemental venue, for example) are being proposed,
and additional community groups are being encouraged to participate at the event.
It is envisioned that the event could be conducted in and around Memorial Park. The event would
include several programmatic components in the following locations: Memorial Bowl, Park Way
Gymnasium, Parkway Center, the median islands along Park Way, and the Women's Club facility. The
Festival would feature musicians, dancers, and other performing groups and individuals on three separate
performing stages. In addition, the Cultural Arts Commission would be conducting a music competition
and recital at the Women's Club. Food and beverage vendors will join artists and crafters in a market
place, and a large area designed specifically for children will feature rides, games, contests, and eight
"make-it and take-it" work stations where children can do simple craft projects. Several workshops
would be conducted during the day, and artists such as potters, weavers, basket makers, and quilters will
be demonstrating their trades and answering questions. Community groups would be afforded the
opportunity to share information about their organizations at a number of informational booths.
Cultural Arts Festival - Soring 1996
Prior to discussing the Festival proposal for 1996, staff believes it is important to describe the Port
funding process and last year's funding history. For all three events, the City budgeted $30,800. The
San Diego Unified Port District funded an additional $23,000. In order to be eligible for Port District
funding and to solicit the Port as a major event partner, staff recommends that the event be conducted
on Port District property, I.e. Marina View ParklBayside Park. Staff will be approaching the San Diego
Port District (before their May 1 deadline) for co-sponsorship of the bayfront event. In FY 94/95, the
City requested and received $23,000 ($8,000 for Community Pride and $15,000 for Winterfest) from the
Port. The Table below outlines the FY 94/95 funding provided by the City and the Port for the three
events.
1...."-__All.Ol-IU51
2
/'1~2
Item: I if
Meeting Date: 04/18/95
I SPECIAL EVENT CITY BUDGET AND PORT REVENUE - FY 94/95 I
I CITY BUDGET I PORT DISTRICT FUNDING I
Cultural Arts Festival $4,000 Cultural Arts Festival $0
Community Pride Fair Community Pride Fair
(for July 4, 1995) $16,200 (for July 4, 1995) $8,000
Winterfest $10,600 Winterfest $15,000
(General Fund = $2,650)
(RDA = $7,950)
Total $30,800 Total $23,000
Event to be Conducted at the Bayfront
The combined events would be conducted on a single weekend day at Bayside Park and/or Marina View
Park, and could include additional activity or display areas at the Public Pier and/or the "J" Street
Marina. It is envisioned that the bayfront event would include nautical activities and displays (possibly
featuring tall ships and/or Naval vessels and displays). Musical entertainment could occur throughout
the day. Staff could enlist community support through performances, information booths, demonstrations
and displays. Ethnic foods could be sold. Furthermore, games, crafts, and other activities designed for
children and family participation could also be planned.
Advantages include excellent parking facilities, minimal traffic impacts, and limited impact on area
residents and businesses. Staff anticipates that the Cultural Arts Festival will become an annual event.
Disadvantages include the possible exclusion of some community organizations that are linked to specific
geographical locations (such as the Downtown Business Association).
Proposed Budget
A Cultural Arts Festival budget of $30,200 in FY 95/96 is proposed, and includes a full scope of
professional entertainment. A detail of the proposed budget (Attachment "C") is included with this
report. The budget consists of $13,450 in staff support and required supplies and services, and $16,750
for professional entertainment. The City would approach the Port by May 1, 1995, for co-sponsorship
of the event.
[AI1l._AII.OI-ll-"!
3
10/- J
Item: / Lj
Meeting Date: 04/18/95
Potential Additional Activities Sponsored by Other Groups
Staff recommends that the Chamber of Commerce and the Downtown Business Association, schools, non-
profit and community service organizations, among others, be approached with the concept of planning
related events during the time frame of the Cultural Arts Festival in 1996. These events could take the
form of fairs, displays, cultural arts events, performances, etc. held at various locations in the
community, and sponsored and paid for by other organizations. The City would act as a coordinating
liaison with these groups to ensure that other activities are advertised and presented as community-wide
series of events. Council will be kept informed during the planning of the Cultural Arts Festival as to
what other events are planned by these organizations.
IMPACT OF PORT DISTRICT FUNDING
Cultural Arts Festival - Budget $30,200
Port Funding -$23,000
Net Cost to City $ 7,200
The level of Port funding will most likely not be determined until late June, 1995. Generally, the Port
District would fund a portion of the event budget and be a co-sponsor of the event.
Should the Port District fund any portion of the Cultural Arts Festival in FY 95/96, monies would be
received by the City. This would require the City to submit a report and receipts justifying the
expenditures.
Should the Port District not fund in the requested amount of $23,000, or at a lesser amount, staff will
return to the Council in July with an adjusted budget proposal for the Cultural Arts Festival in 1996.
Planning Committee Organization and Duties
Staff is recommending that a broad-based Planning Committee, coordinated by City staff, and comprised
of representatives from a number of community groups and organizations, be formed.
Staff believes that the inclusion of diverse community groups in the event planning will promote
community involvement, increase participation at the event, and expand the City's ability to solicit and
secure in-kind services to conduct the event. Staff envisions the Planning Committee would make certain
decisions regarding the event theme, and specific event details such as date(s) and time(s). Staff proposes
that the Planning Committee be comprised of representatives from the Downtown Business Association,
, the Chamber of Commerce, the Broadway Business Association, the Sweetwater Union High School
District, the Chula Vista School District, Southwestern College, the Cultural Arts Commission, the
International Friendship Commission, local developers, and other interested community service groups
IAIU.oon-'Al'-O<-lM51
4
J 'i~ J-j
Item:
Meeting Date: 04/18/95
1'/
and business interests, Staff is open to any other suggestions Council may have as to the composition
of this Committee.
FISCAL 'IMPACT: For the FY 94/95 Cultural Arts Festival, the Cultural Arts Commission
recommends a budget of $10,000 ($4,000 already budgeted for the Festival, $2,200 from the Theatre Arts
event budget, and $3,800 from the $16,200 budgeted for the Community Pride Fair). This would result
in savings to the General Fund of $12,400 in the current fiscal year.
For the FY 95/96 Cultural Arts Festival, there is a proposed budget appropriation of $7,200, contingent
on Port funding of $23,000 [for a total of $30,200], which would be included in the FY 95/96 budget.
The savings to the budget in FY 95/96, from budgeted amounts in FY 94/95, would be $23,000 ($15,050
in General Fund and $7,950 in Redevelopment Agency Funds).
A lesser amount funded by the Port would necessitate staff returning to Council for discussion of a
change in the budget amount.
Attachments: "A" - Cultural Arts Commission Minutes of March 14, 1995
"B" - Cultural Arts Festival - May 20, 1995 - Budget
"C" - Cultural Arts Festival - 1996 - Proposed Budget
[Am.ootl9\l6.All.Ol.ll.o(l]
5
)1-5
Attachment A-I
KItnJ'l'ES 01' HE
REGULAR KEETING OF THE
CULTURAL ARTS COMMISSION
Tuesday, 5:00 p.m.
March 14, 1995
Parks , Recreation Conference Room
, City Hall
......................
CALL MEETING TO ORDER
ROLL CALL
MEMBERS PRESENT:
Chair Scott, Commissioners Cernitz,
McAllister, Pelayo, Souval, Virchis, Walker
and Wheeland
MEMBERS ABSENT:
STAFF PRESENT:
None
Staff Liaison Gates, McMartin, Shaw, and Shy
1. APPROVAL OF MINUTES
MSC [Souval/Wheeland] 5-0 (Pelayo, Virchis and Walker not
present yet) to approve the minutes of February 14, 1995. MSC
[Wheeland/Souval] 5-0 (Pelayo, Virchis and Walker not present
yet) to approve the minutes of February 23, 1995.
2.b. Budget Supplementals - This item was taken out of order.
Budget Manager Dawn Herring distributed procedural information
for Supplemental BUdget Requests. Ms. Herring explained the
Council budget process. Council will need justification,
duties, functions, and compare the position to the present
half-time position, etc. The Council will also request
staff's recommendation. Ms. Herring offered her assistance in
preparing any supplemental requests.
2. UNFINISHED BUSINESS
Ac't.ion
a. Eastlake Performing Arts Center - Nothing to report.
b. Combining of the Winterfest, Community Pride Fair and
CUltural Arts Festival into one City event
Staff went to Council two weeks ago with the Commission'S
report recommending conducting one Festival that promotes
community pride. The Council referred staff back to the
Commission to review the options of combining the
Winterfest, Community Pride Fair and CUltural Arts
jLJ-7
Attachment A-2
l
CUltural Arts commission
Meetings Minutes
2
March 14, 1995
Festival into one city event.
Director Shy reported staff
Commission's direction.
Deputy Parks , Recreation
is now asking for the
MSC [Cernitz/Pelayo] 7-1 (Commissioner virchis against)
to recommend to the Council to approve the planning and
implementation of the 1995 CUltural Arts Festival,
enhancing the Festival to include community pride with
additional funding of $3,800.
c. COmbining City event focusing on CUltural Arts and
Community Pride - The Commission decided on combining the
three events into one and begin planning for a future
Festival. The Commission agreed the combined festival
should be held at the end of April or early May.
MSC [McAllister/Cernitz] 8-0 to approve an estimated
budget of $32,450 for a combined event during FY 95-96.
A decision was made to form a Sub-Committee. The
Commission agreed the Sub-Committee should consist of
members of the Downtown Business Association, Chamber of
,
Commerce, school' districts, representation from the
CUltural Arts Commission, etc. Commissioners Virchis and
Wheeland will serve on the Committee.
Non-Aet.ion
a. Advocacy for CUltural Arts Coordinator - The Sub-
Committee is continuing to meet. They will plan to meet
with the City Budget Manager to prepare supplemental
bulSget requests.
b. Budget Supplementals - This item was taken out of order.
- CUltural Arts coorlSinator
- NALAA COnference Funding
3. NEW BUSINESS
Act.ion
a. otay Ranch Regional Facility Report - The commission
received a copy of the otay Ranch Regional Facility
Report. The Commission agreelS to appoint Ms. Souval to
represent anlS attenlS the next otay Ranch Project meeting.
b. commission Planning/Goal Setting - FY 1995-96
The annual Workshop is scheduled for saturlSay, April 29,
9:00 a.m.-12:00 Noon at the civic Center Library.
(
Non-~ction - None
4. sub-committee ieports
Music pa.t.ival
parties.
- Flyers
were distributelS to
J'I-~
interested
.
Attachment A-3
(
CUltural Arts Commission
Meetings Minutes
3
March 14, 1995
McCandliss Sub-Committee - The deadline for applications is
March 24, 1995. The Chair of the Gayle McCandliss Sub-
Committee will serve on the Beautification Committee.
MOSAIC Calendar - Information is being compiled for the April-
May issue.
Festival Sub-Committee - Mr. Pelayo is meeting with Rod Davis,
President, Chula Vista Chamber of Commerce, to discuss their
ideas for a Chula Vista logo. The Southwest Lions Club has
offered a cash donation for the logo competition prize.
5. STAFF REPORT - Felicia Shaw
(
a. CUltural Arts Festival - Festival program element ideas
were distributed to the Commission. Ms. Shaw briefed the
Commission on tentative performances, workshops, music
competition, community booths, festival artists, etc.
Callaloo Conference - The Conference will be held
Saturday, June 3 at Mission Trails Regional Park. The
cost is $45.00. The Conference will focus on
collaboration. Information will be sent to the
Commissioners.
b.
c. CALAA Consultancy - Ms. Shaw updated the commission on
CALAA events. CALI>.A dues collected provide funds for
technical assistance in the different regions, such as
hiring consultants. In 1995-96 our region may have a
consultant appointed to work on improving advocacy
methods. The Commission could be part of a workshop in
the future.
6. COMMUNICATIONS
(
a. oral Communications - The dedication of the South Chula
Vista Library is scheduled for April 8 at 2:00 p.m.
b. Written Communications - None
c. commissioners' Remarks - Friends of the Arts next .eeting
is scheduled for March 22 at 6:00 p.m. at the Civic
Center Library.
Meeting adjourned at 7:15 p... to the next regularly scheduled
meeting of April 11 at 5:00 p...
Respectfully submitted,
~~~
Elizabeth Bottorff
J'-/ - ~
Attachment B-1
1995 CULTURAL ARTS FESTIVAL - FESTIVAL OF THE SUN
EVENT BUDGET
Promotions/Publicity
Traffic & Safety Equipment - Rental
Portable Toilet - Rental
P A System Rental
Entertainment Fees/Stipends
Artist and Workshop Coordinator Stipends
Stage Design
Canopy and Equipment - Rental
Parks & Recreation Staff Services
Police Services
Public Works Staff Services (Electrician)
TOTAL
/o/-ltJ
$3,750
$150
$250
$600
$1,900
$1,300
$400
$250
$800
$400
$200
$10,000
AITACHMENT "C"
COMBINED EVENT BUDGET (PROPOSED)
Promotions/Publicity
Traffic & Safety Equipment - Rental
Portable Toilets/Dumpster - Rental
PA System - Rental
Sub-Total - PromotionslEquipment
Police Staff Services
Public Works Staff Services
Transit/Shuttle Bus Service
Parks & Recreation Staff Services
Sub-Total - Staff Services/City-provided transportation
SUB-TOTAL - OPERATIONAL EXPENSES
Professional Entertainment
TOTAL
$2,500
$1,800
$950
$1,000
$6,250
$2,000
$600
$1,000
$3,600
$7,200
$13,450
$16,750
$30,200
Anticipated City request for Port funding: $23,000
Net General Fund Cost - $7,200
I"'"'.~'.""MSI
1
/~/ ~ ) J
COUNCIL AGENDA STATEMENT
Item IS'
Meeting Date 4/18/95
ITEM TITLE: Public Hearing to Consider Waiving of Plan Check and Permit Fees for
Construction of Private Storm Drain at Don Luis Mobile Estates
Resolution /7 ~7f) Waiving Plan Check and Permit Fees for
Construction of Private Storm Drain at Don Luis Mobile Estates,
approving agreement with Don Luis Mobile Estates for Construction and
Maintenance of a Private Storm Drain and authorizing the Mayor to
execute said agreement, and appropriating $5,400 from the
unappropriated balance of Fund 227, Storm Drain Revenue Fund to DR-
124 - Storm Drain Don Luis Mobile Estates
SUBMITTED BY: Director of pub~C wor~
REVIEWED BY: City Manager~J~~ (4/5ths Vote: Yes~No-->
Luis Cacho, Sr., owner of Don Luis Mobile Estates requested City assistance with construction
of a private storm drain and that plan check and permit fees for said construction be waived.
This proposed storm drain will be a connecting link between an existing public storm drain
which flows into a small natural channel and an existing private storm drain on Mr. Cacho's
property. The City proposes to participate in this construction by providing funds in the
amount of $5,400 for the construction of two cleanouts. Mr. Cacho will assume the majority
of the cost and will enter into an agreement for said construction and maintenance.
RECOMMENDATION: That Council: 1) hold a public hearing to consider waiving the plan
check and permit fees for construction of a private storm drain at Don Luis Mobile Estates;
2) adopt a resolution to approve the City's participation in the amount of $5,400, and waive
plan check and permit fees; and 3) adopt a resolution approving the agreement between the
City and Don Luis Mobile Estates and authorize the Mayor to execute said agreement; and 4)
appropriate $5,400.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Mr. Luis Cacho, Sr., owner of Don Luis Mobile Estates, located at 121 Orange Avenue, has
requested City assistance with the construction of a 30" storm drain on his property and that
plan check and permit fees for said construction be waived. Permit and plan check fees for
this project are estimated at $1,500. Notice of this public hearing was given to the applicant
and interested parties in accordance with the Master Fee Schedule. The private storm drain
/3~/
~ J/h..~wc
EXHIBIT A
CITY OF CHULA VISTA
HIGH TECH/BIOTECH ZONE
The City of Chula Vista City COWlCiJ and a Task Force of City officials and business leaders have developed an incentive
program to encourage high technology industries, including biotechnical and biomedical companies, to locate- and expand
in Chula Vista.
The program, a public/private partoership with EastLake Development Company, focuses on the EastLake Business Center,
a campus-like business park within the highly amenitized 3200-acre EastLake Master Planned Community east of I -805 (see
map, reverse side), and plans to offer the following types of incentives:
.
MAXIMUM 60-DAY DEVELOPMENT REVIEW TURN-AROUND TIME
CITY COUNCIL SUB-COMMITTEE providing expedited land use, design and permit
review and immediate personal attention. No other advisory bodv review reouired.
HIGH TECH/BIOTECH OMBUDSMAN (Assistant City Manager) offering
personal assistance with review process
HIGH TECH AND BIOTECH USES CLEARLY IDENTIFIED AS ALLOWABLE LAND USES
STREAMLINED PERFORMANCE STANDARDS ELIMINATING "OVERLAPPING" OF
CITY/COUNTY /STA TE/FEDERAL REGULATIONS
"ONE STOP EARLY ASSISTANCE" MEETING AT PRE-SUBMITTAL STAGE involving all
local, regional, and state regulatory agencies as needed
.
UNINTERRUPTED WATER SUPPLY
FINANCIAL INCENTIVES including discounted land and proposed loan guarantees
BIOSHARE, INC. - a contract pharmaceutical pilot manufacturing facility with centralized
utilities
.
.
<.
.
LINKAGES with Southwestern College Small Business Development/International Trade
Center and Small Business Innovation and Research (SBm) Program, UCSD CONNECT, job
training providers, and other support systems
CENTRAL EMPLOYEE-ORIENTED RECREATIONAL PARK
ADJACENT TO FUTURE STATE ROUTE 125
BUSINESS PARK HOME TO: 0 Neilcor, Inc. (Biomedical manufacturer); 0 Kaiser Hospital
(in process); 0 North Island Federal Credit Union Corporate Headquarters
.
.
.
For further information please contact:
Cheryl Dye
Economic Development Manager
City of Chula Vista
(619) 691-5047
Curt Stephenson
Vice President
EastLake Development Company
(619) 421-0127
Bruce Carlin
CEO
BioShare, Inc.
(619) 497-1232
c:\wp51\docum.ent~irit\hi-tech.txt [February 7, 1995]
~\f~
-----
~
CllY Of
CHULA VISTA
Community Development Department. City of Chula Vista. 276 Fourth Ave.. Chu!a Vista, CA 91 91 O. (61 Y) 691-5047 Fax (61 ~~4_~~~511 0
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Page 2, Item ~.
Meeting Date 4/18/95
will be about 460 feet long and will be located along Mr. Cacho's easterly property line where
an existing natural drainage channel is currently located. Mr. Cacho has been concerned at
times with noxious odor emanating from standing water in the existing channel. The private
storm drain as proposed by Mr. Cacho will be an extension of an existing 24" public storm
drain which receives drainage from Orange Avenue. An existing 18" public storm drain, which
drains public streets from an adjacent subdivision easterly of Mr. Cacho's property, and
empties into the existing channel, will also be connected to the proposed private storm drain
(See Exhibit "A").
Mr. Cacho has already obtained the storm drain pipe needed for construction. This pipe does
not meet City standards, but will meet the needs of Mr. Cacho. Everything required for
construction including staking and inspection will be provided for by Mr. Cacho with the
exception of the two cleanouts. Mr. Cacho's contractor has estimated the cost of the two
cleanouts to be $5,400.
Mr. Cacho has executed an agreement which provides for the City to pay for the two cleanouts,
waive the plan check and permits fees, hold the City harmless, and provide for access by City
forces if necessary to maintain adjacent City infrastructure.
This storm drain as proposed by Mr. Cacho will be an improvement over existing conditions
by eliminating standing water exposed in the natural drainage channel. Furthermore, the new
storm drain will protect Otay Park located downstream of the site by eliminating erosion and
siltation from the unvegetated channel.
The City will not be responsible for construction or maintenance of this private storm drain.
However, it is appropriate that the City share in the cost of construction because the private
storm drain accepts City water from East Orange Avenue and other public streets in the
vicinity. City Policy (policy Number 522-01) adopted by Resolution 4786 provides for
cooperative drainage projects in which the City participation is limited to 50% of the total cost
of the most economical design. Mr. Cacho informed us that he has already spent $5000 for
engineering design and has received cost estimates ranging from $8,500 to $10,000 for
construction. By providing $5,400 for the two cleanouts, the City is well below the 50%
criteria. The City is paying for the connection structures between the City system and the
private system.
FISCAL IMPACT: This action would authorize the expenditure of $5,400 of previously
unappropriated funds from the Storm Drain Revenue Fund 227. The City will not receive plan
check and permit fees estimated at $1,500.
Attachments:
Exhibit A - Location of Facilities
Exhibit B - Policy 522..01
Exhibit C - Letter from Don Luis Mobile Home Estates
dated 8/16194
GV:sb
File # DR-124
m:\hom.c\engineer\agenda\donluis.gv
/ ~ eJ..
RESOLUTION NO. /78"7t?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING PLAN CHECK AND PERMIT FEES
FOR CONSTRUCTION OF PRIVATE STORM DRAIN AT DON
LUIS MOBILE ESTATES, APPROVING AGREEMENT WITH
DON LUIS MOBILE ESTATES FOR CONSTRUCTION AND
MAINTENANCE OF A PRIVATE STORM DRAIN AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT, AND APPROPRIATING $5,400 FROM THE
UNAPPRPRIATED BALANCE OF FUND 227, STORM DRAIN
REVENUE FUND TO DR124 - STORM DRAIN DON LUIS
MOBILE ESTATES
WHEREAS, Luis Cacho, Sr., owner of Don Luis Mobile
Estates requested City assistance with construction of a private
storm drain and that plan check and permit fees for said
construction be waivedj and
WHEREAS, this proposed storm drain will be a connecting
link between an existing public storm drain which flows into a
small natural channel and an existing private storm drain on Mr.
Cacho's propertYj and
WHEREAS, the City proposes to participate in this
construction by providing funds in the amount of $5,400 for the
construction of two cleanoutsj and
WHEREAS, Mr. Cacho will assume the majority of the cost
and will enter into an agreement for said construction and
maintenance.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby waive plan check and permit fees
for construction of private storm drain at Don Luis Mobile Estates.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula vista does hereby approve the agreement with Don Luis
Mobile Estates for construction and maintenance of a private storm
drain, a copy of which is on file in the office of the city Clerk
as Document No. (to be completed by the city Clerk in the
final document).
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the City Council of the City
of Chula vista does hereby appropriate $5,400 from the
unappropriated balance of Fund 227, Storm Drain Revenue Fund, to
DR124 - Storm Drain Don Luis Mobile Estates.
)~'3
Presented by
John P. Lippitt, Director of
Public Works
C:\r8\donlui8
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Approved as to form by
~
Bruce M.
Attorney
mAC4.-r\Lo. Q
Boogaard, City
~
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= EXHIBIT A
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BETHUNE WAY .4 v.~
C.
EXIST 24' liIt::-J ~
n
PUBLIC STORM DRAIN
WITHIN EASEMENT- J} /
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EXIST 10' - ....; 1&1\1["
CARVER ST. . "-....
~ DRAINAGE it
EASEMENT. 1--,
~ I., .... ....,c....
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PROPOSED 30"
PRIVATE STORM W
DRAIN. :s:
Don Luis ~
"\
ANITA ST. Mobile Estates
~ EXISTING 18" ,~ ~ TAMARIND
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-....I DRAIN. 7 J!9 -J
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PROPOSED CLEANOUTS.~ ~
GAP BeTWeeN PROPOSeD ." 0
u
CLeANOUT AND eXISTING Jj
STORM DRAIN.
TREMONT ST. EXIST 24" PR/~J /'(ICINITY ~
STORM DRAIN r MAP.
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-",.,. ~
GTAY PARK ' ~:/~ I
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\ - ST. V
OTAY ELEMENTARY " .
MONTGOMERY S"~
I I II I SCHOOL. J~f
DATE: TITLE: PROPOSED 30" PRIVATE STORM
12/8/94
DRAWN BY: DRAIN AT DON LUIS MOBILE ESTATES.
J.P.P.JR.
OOUNCIL POllCY
CITY OF OIULA VISTA
SUBJECI': DRAINAGE. STORM POllCY EFFECI1VE
NUMBER DATE
522-01 06-11-68
ADOPTED BY: Resolution No. 4786 I DAlEO: 06-11-68
PAGE
10F2
BACKGROUND
The City Council has adopted Ordinance No. 1032, relating to the control of drainage areas and watercounes
and it is therefore necessary to establish a policy to implement said ordinance and cany out its purpose and
intent.
PURPOSE
Establishing a council policy related to the responsibility and financing of drainage facilities and the criteria
for the design and construction of storm drainage facilities.
POUCY
The Council establishes, basically, the following drainage policy:
1. Desilm Criteria
In general, all major drainage channels shall be designed to discharge a SO year ultimate storm, without
static head; lateral channels shall be designed to discharge a 10 year storm without static head at
entrances and a SO year ultimate storm utilizing available head without causing substantial damage to
surrounding property; and local channels shall be designed to discharge a 10 year storm utilizing
available head without causing substantial property damage, except that where a sump. condition exists
and excess runoff has no alternate route, special design sha1I be required for the protection of
property.
2. General ResDonsibilitv for Construction of Drainalle ~a~nities:
Construction ResDonsibilitv: Generallv. As stated herein, the basic responsibility for the maintenance
and improvement of drainage facilities is that of the property owner through whose property the natural
drainage channel runs and who requires the improvement of said facilities for the protection of his
property interest. However, the City does have a general responsibility to insure the proper
construction, maintenance and improvement of drainage facilities to protect the public health, safety
and general welfare of the City as a whole.
a. Maior Channels. The responsibility for the cost of the design and construction of the most
economical design of mllior channels and structures sha1I rest with the City. In the event that the
property ownen desire a system involving greater a:pense than that which is approved by the
Director of Public Works, they shall be required to conln'bute the difference in the cost as estimated
by the Director of public Works.
In the cue of new subdivisions, the basic responsibility for the cost of design and construction of
major channels and structures shall be borne by the subdivider exclusively in those cases where the
subdivision comprises a substantial portion of the drainage basin involved.
J5~?-
13-\
EXH\8\T B
R , c>~ 2.
COUNCll.. POUCY
CITY OF CHULA VISrA
SUBJECr: DRAINAGE. STORM POUCY EFFECI1VE
NUMBER DATE PAGE
522-01 06-11-68 20F2
ADOPTED BY: Resolution No. 4786 I DATED: 06-11-68
b. Lateral Channels. The responsibility for the cost of design and constrUction of lateral channels and
strUctures may be shared equally by the City and property owners involved.
c. LOcal Channels. All costs involved in design and constrUction of local channels and strUctures,
including strUctures in a major or lateral channel serving a local system, shall be borne entu-ely by
property owners desi4ing the improvements, provided, however, that the City may participate in said
costs in an amount not to exceed fifty percent (50%) if the particular improvement constitutes a
project eligible for cooperative fmancing as outlined in Section 6 of the Policy for Financing entitled
'Cooperative Drail}age Projects'.
3. Policv for Financimr Various Catelrories of Drainalre Proiects:
There are six basic categories of drainage projects classified according to the suggested method of financing.
These categories and the fmancing policy applicable to each are as follows:
a. Flood Control Proiects. The federal government usually pays for all costs except right.of.way,
relocation and reconstrUction of utilities. These latter costs are paid by the City with
reimbursement by the State of California, Department of Water Resources. Priority for constrUction
is determined by the U.S. Army Corps of Engineers.
b. Subdivision Proiects. When a property is subdivided, the subdivider is requi4ed to accept the
surrounding drainage as it enters his property and convey it in appropriate facilities across his
property to a suitable discharge, which may necessitate the acquisition of easements and
constrUction of off.site drainage facilities. The cost of these projects will be paid by the subdivider.
c. CaDital ImDrovement Proiects. These are drainage facilities which will benefit either the entire City
or a very large community. Projects of this nature will be financed by the City, either from the
Capital Outlay Fund or from Gas Tax funds.
d. Assessment Proiects. These are projects which benefit only a local community and which are
constrUcted under the 1911 Act or 1913 Act improvement proceedings. The assessment district will
pay all costs and the district will include only that property which will receive direct benel'i:t.
e. Assessment Proiects with City ParticiDatic;>n. These are projects which, in addition to benefiting a
local community, also include work which is of general benefit to an extensive area. The extent of
City participation will be limited to that portion of the project of general benefit to the City as a
whole and usually will not exceed 50% of the total cost, although the exact amount for any project
will vary, depending upon the relative benefit and the responsibilities involved. City costs will be
financed from the Capital Outlay Fund or from Gas Tax funds as appropriate.
f. CooDeration Drainue Proiects. A cooperative drainage project is one in which the City shares the
total cost of the installation with the property owner. The percentage of participation shall be
based upon an estimate of the respective benefits derived by the City and the property owner
prepared by the Du-ector of Public Works, and the City's participation sha11 be limited to 50% of the
total cost of the most economical design.
)5"" ?
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.
.
.
EXHlS'T 6
R Z. OF Z.
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23
DON
LUIS MOBILE ESTATES
121 ORANGE AVE.
CHULA VISTA. CA 91911
(619)422-2291
08-16-94
John P. Lippitt
Director of Public Works
Public Works Department
276 Fourth Ave.
Chula Vista. CA 92010
Dear Mr. Lippitt
This letter
the property
Estates.
is concerning two separate issues regarding
located at 121 Orange Avenue. Don Luis Mobile
The first issue involves the property on the North side of
Don Luis Mobile Estates. This property was initially
ours. When the park was built we were required to dedicate
250 ft. of the Northern portion of 121 Orange Avenue in
order to create Orange Avenue. San Diego Gas & Electric
owned the property adjacent to us. Apparently San Diego
Gas & Electric did not want to contribute to the making of
Orange Avenue. In order to make Orange Avenue, the County
would have had to purchase all the homes West of the
property we had dedicated. The County decided it vas too
expensive. We do not know .xactly vhat occurred, but the
County eventually came to an agreement vith San Di.go Gas &
Electric. Th.y then moved Orange Avenue to the North. We
vere left vith a small parcel in front of our mobilehome
park.
We have maintained this property for the past 24 years. In
24 years, neith.r the County nor the City of Chula Vieta
have ever maintained this property. There have aleo been
problems with people dumping debris and having yard .al..
vhich have made the front of our park unattractive and
unappealing. Our residents have also complain.d about the
people having yard 8ales. comm.nting on hov it dovngrades
our Park.
J5"-~
c.-I
~xH'8'T Ie
. .
We vould like the City to consider returning this parcel to
us. Although it vould mean investing money on our part, ve
could beautify the property by landscaping it and making an
attractive entrance to the mobilehome park. This property
vas originally dedicated solely for the purpose of creating
Orange Avenue. Since this parcel in front of our
Mobilehome park was not used for the purpose in vhich it
vas dedicated. ve believe that it should be ret~rned to
us. This property has been an "eyesore" for our
community. We vould like the opportunity to make our
community more attractive.
The second issue involves the alley vhich is on the East
side of the mobilehome park. We would like the City of
Chula Vista to assist us in the engineering and installing
any necessary cleanouts. This natural drain is primarily
being used for publiC use. We understand that vhen a
property is being used for the public, the City vill assist
with one half of the project. We have already purchased
the pipe. costing $6000.00, and have dug the ditch. We are
also willing to install the pipe. As you can see. the City
would actually be assisting us with much less than half.
We would like the assistance of the City to assure that
everything is up to code and completed correctly. We feel
our request is reasonable, and hope that you are in
accordance.
If you have any questions regarding these issues, please
feel free to contact our office at (619) 422-2291. Your
prompt attention to theae matters vould be greatly
appreciated.
Sincerely,
Don Luis Mobile Estates
/5~1
C-Z-
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
This instrument benefits
Qty, only. No fee required
. (1his space for Recorder's use, only) .a.
APN(s) 623-100-31
C.V. Pile No. KY:Qll
THIS AGREEMENT, made this /7 day of MIlt!{ltJ ,1995, for the purpose of
reference only, and effective as of the last date executed by the parties is made between the CITY
OF CHULA VISTA, a Chartered-municipal corporation of the State of California ("City") and
LUIS CACHO, SR., also know as Don Luis Mobile Estates ("Cacho") doing business at 121 Orange
Avenue, Chula Vista, California 91911, and is made with reference to the following facts:
RECIIALS~
A. Cacho is the owner of the Don Luis Mobile Estates, located between Orange Avenue
on the north, the rear of the houses west of Connoley Avenue on the east, Otay Park: on the south
and Albany Avenue on the west (Property);
B. Cacho proposes to build a 30" private storm drain made up of corrugated metal pipe
on the east side of the Property near or adjacent to the rear of the houses on Connoley Avenue, to
be installed in a existing dirt ditch located thereabouts.
NOW, THEREFORE, the parties hereto do hereby agree as follows:
1. Cacho agrees to build a proposed 30" private storm drain on his Property in the
aforementioned location consisting of 450 feet in length, on or before October I, 1995 with two
auxiliary structures, one being a junction box consisting of an 18" public storm drain junction and
the other a proposed cleanout.
2. On the condition that Cacho agrees to build the storm drain in a manner acceptable
to the City as shown on Exhibit A, City agrees to pay $5,400, in total, for the construction in a
manner and to the extent specified by the City of the two structures to-wit: the 18" public storm
drain junction box and the proposed cleanout.
3. Cacho grants City a flowage easement to allow public waters to flow across his landÿin and on his private drainage system, and grants the City a right of ingress and egress for the
purpose of maintenance if the City desires to exercise same. No obligation is implied herein that the
City shall or must or is required to go upon the Property and use the maintenance easement for the
purpose of cleaning said private storm drain system.
/5)/
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be effective as
of the day and year first hereinabove set forth.
Dated:
THE CITY OF CHULA VISTA
By:
Shirley Horton
Mayor
Attest:
Dated:
bK- %'vd-ii;:
r! f VIj ccf ty}J-'J,ff,.J,
1571t3 :3}49~
Don Luis Mobile Estates
By: ~~I ~~)
s Cac ,Sr.
STATE OF CALIFORNIA SS.
COUNTY OF SAN DIEGO
On /lJ~1I / ~ /995 before me, ~L.hJ.PA' ~/6/~~ personally
appeared, ,0JJ... (}:g..IIt'J ..:SA!! , personally known to me (or proved to me on the basis
of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within
instrument, and acknowledged to me that he/she /they executed the same in hislher/their authorized
capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon
behalf of which the person(s) acted, executed, the instrument WITNESS my hand and official seal.
~~ .......-.T.~
VCllANDARAMOI
CQMM. 101'''''' I
taNtI"~".<1.~UWl.
I/oNlIIIOCCllHY ..
-",""
L~
(This area for Official Seal)
M:\...\ADVPLANICACHO
/y /:2-
COUNCIL AGENDA STATEMENT
Item ) ;,
Meeting Date 4/18/95
ITEM TITLE: Public Hearing: Formation of Assessment District No. 94-1
(Eastlake Greens II)
SUBMITTED BY: Director of Publ~ wor1
REVIEWED BY: City Manager~tl~~ (4/5ths Vote: Yes_No..xJ
On May 10, 1995 Council approved the Acquisition/Financing agreement for Assessment District
No. 94-1. Later, on February 28, 1995 Council adopted the Resolution of Intention to order the
acquisition and financing of certain infrastructure serving the Eastlake Greens II properties pursuant
to the Municipal Improvement Act of 1913. On the same date, Council also adopted Resolution No.
17819 giving preliminary approval to the Engineer's Report for Assessment District No 94-1
(Eastlake Greens II) and setting public hearings for April 4 and 18, 1995 for the purpose of hearing
public testimony. The first public hearing was already held on April 4, 1995.
Staff is finalizing all agreements necessary for this item and will return to Council on April 25, 1995.
RECOMMENDATION: That Council open the public hearing and continue it to April 25, 1995
at 6:00 p.m.
M: \homc\cngineer\agenda\rpt941.con
/6 -I
Item No. 17
Date 4/18/95
17. RESOLUTION 17871 REQUESTING THAT COUNCIL APPROVE IN CONCEPT AN
AGREEMENT WITH THE EASTLAKE DEVELOPMENT COMPANY
THAT WOULD REQUIRE EASTLAKE TO TRANSFER ECONOMIC
INCENTIVES TO A IDGH TECH COMPANY LOCATING IN THE IDGH
TECHlBIOTECH ZONE IN EXCHANGE FOR THE CITY PROVIDING
CERTAIN CONCESSIONS TO EASTLAKE, AND DIRECTING STAFF
TO RETURN WITH A WRITTEN AGREEMENT FOR CITY COUNCIL
ADOPTION
The report will be delivered to Council on Friday, April 14th.
/7-tJ
COUNCIL AGENDA STATEMENT
Item-----1L-
Meeting Date 4/18/95
REVIEWED BY:
Resolution 11? 7/ Requesting that Council approve in concept an
agreement with the EastLake Development Company that would require EastLake to
transfer economic incentives to a high tech company locating in the High Tech/Biotech
Zone in exchange for the City providing certain concessions to EastLake, and
directing staff to return to Council with a written agreement for Council consideration
Community Development Director ( _~ ,
City Manager 'jJ
(4/5ths Vote: Yes_No-->
ITEM TITLE:
SUBMITTED BY:
BACKGROUND:
Council has created a High Tech/Biotech Zone within the EastLake Business Park. The purpose of the Zone
is to enable the City to proactively offer incentives to attract high technology, biotechnology, and biomedical
firms to the City in order to capture jobs and tax revenues. The Zone is being implemented with the
EastLake Development Company as a highly creative public-private partnership. Incentives range from a .
maximum eO-day turn-around time for processing of permits and approvals, to a "guaranteed uninterrupted
water supply", to proposed land and fee write-downs (see Exhibit A).
While some of the incentives have been approved by Council, others are in process. Economic incentives,
including land and fee write downs, are being developed via an innovative "Menu Agreement" between the
City and EastLake. The purpose of this agreement is to enable the City to offer incentives in a manner that
does not require use of General Fund monies. This Menu Agreement will be presented to Council in the very
near future (pending final negotiations and legal approvals).
A biomedical company - referred to herein as Company X for confidentiality reasons - has recently indicated
that it is considering relocating and expanding within the High Tech/Biotech Zone and is also considering an
altemative site outside of the City. Company X is moving quickly to select their new site (site selection is
being discussed at their next Board meeting on April 20). Because this opportunity is time sensitive, and in
order to position Chula Vista in a competitive manner, staff is proposing that Council tonight approve in
concept an incentive package for Company X. The incentive would be made available via an agreement with
EastLake. In its current form, subject to final negotiations, financial analysis and approval by all parties, the
proposed agreement would require EastLake to pay $325,000 of the total City development fees and
Assessment District fees required to be paid by Company X. EastLake would pay these fees subject to the
City's agreement to provide concessions to EastLake benefitting EastLake in a roughly equal amount.
EastLake (following discussions with staff) has submitted a land sale offer to Company X with these fee write-
downs identified as a City incentive, subiect to Council approval. Council's conceptual approval of this
approach at this time would send a strong signal to Company X of the City's support and intent to quickly
prepare and consider a finalized agreement. At the same time, the City would reserve its discretion to
approve or disapprove the final agreement if after all the information and terms are presented, the City
elected to do so.
RECOMMENDATION: That Council approve in concept an agreement requiring EastLake Development
Company to pay $325,000 in fees and assessments on behalf of a prospective company considering locating
within the High Tech/Biotech Zone in exchange for certain concessions from the City, and direct staff to
prepare the agreement and bring it back to Council for its consideration.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
/.,-(
Page 2, Item-1.L
Meeting Date 4/18/95
DISCUSSION:
A. HIGH TECH/BIOTECH ZONE PURPOSE AND STATUS
In late 1992, Council directed staff to pursue the creation of a High Tech/Biotech Zone to encourage
these types of high-growth businesses to locate within the City of Chula Vista. After months of
meetings by a Task Force on this subject, Council approved, in April 1993, the concept of creating
a High Tech/Biotech Zone at the EastLake Business Park. In May 1993, Council directed staff to
proceed to develop a specified series of incentives to attract these targeted industries. In February
of this year, Council formally created the High Tech/Biotech Zone by ordinance, and established a
Council Subcommittee to whom is delegated the authority of the Planning Commission and the
Design Review Committee in reviewing these projects in terms of discretionary planning approvals.
Council also approved amendments to the EastLake Planned Community District regulations,
streamlining regulatory requirements related to High Tech/Biotech land uses.
Staff is currently completing the preparation of an overall "Menu Agreement" with EastLake
Development Company which will provide a vehicle for facilitating the transfer of discounted and
donated land and/or the payment by EastLake of City fees for City-designated high tech/biotech
companies through an innovative public-private partnership. The premise for the agreement is that
the City wishes to offer economic incentives in order to effectively "compete" for desirable companies
and jobs, while at the same time minimizing any City cash expenditures. The Menu Agreement will
provide a list, or "Menu", of negotiable concession items that the City is willing to consider approving
in exchange for EastLake's selling land to the City-designated company at an aQreed upon below
market price, or in exchange for EastLake funding all or a portion of the applicable City fees.
B. COMPANY X - BENEFITS TO CHULA VISTA
Company X represents a biomedical user currently employing approximately 100 people including
management, engineers and technicians. They wish to expand from their existing 70,000 sq. ft.
building to a 90,000 sq. ft. facility. The expansion is projected to result in an increase in personnel
by approximately 75 positions. This company has $230 million in annual sales and 19 plants
worldwide, including a maquila plant in Tijuana. Among their clients are Fortune 500 companies.
(This company is a major supplier to Nellcor, the existing biomed company within the Zone).
Significantly, Company X would add a second biomed company to the High Tech/Biotech Zone, thus
helping to "seed" the Zone for further High Tech/Biotech attraction. The company will generate an
estimated $10,000 in property tax.
C. PROPOSED FEE WRITE-DOWNS/AGREEMENTWITH EAST LAKE
The opportunity to attract Company X has presented itself prior to presentation to Council of the
proposed overall "Menu Agreement" with EastLake. However, in light of Company X's time
constraints, staff is recommending that Council direct staff to proceed to prepare a stand-alone
agreement with EastLake which, if finally approved, would facilitate the transfer of economic
incentives to Company X - utilizing the (future) Menu Agreement approach (i.e. the "approach" is that
EastLake pays down land and/or fees -in this case, fees - in exchange for City development
concessions of roughly equal value). It is staff's recommendation that a financial incentive be offered
to Company X due to the benefits to the City discussed above and based upon staff's analysis of land
and fee costs associated with the EastLake site in comparison to the site outside the City (as
discussed below).
/7 - d-.
Page 3, Item---.!L..
Meeting Date 4/18/95
In its current form, the proposed agreement with EastLake would provide for EastLake to subsidize
a portion of Company X's development fees and Assessment District fees, in the total amount of
$325,000. This amount is being recommended to narrow the aac between fee and assessment costs
associated with the non-Chula Vista site and with the EastLake site, in order to create a "more level
playing field." That is, the cost to Company X of fees and assessments at both the non-Chula Vista
site and the Chula Vista site have been analyzed by staff; Chula Vista fees have been determined
to be 3 to 4 times higher (a gap of approximately $600,000 to $900,000) depending upon the final
parcels acquired at EastLake (3 parcels are under consideration). The gap reflects both higher Chula
Vista development fees and the fact that the Chula Vista site is located within several assessment
districts; the non-Chula Vista site has no assessments. (The higher fees also reflect the superior
physical improvements and amenities in EastLake.) (It is important to note that EastLake is selling
the property at a price ($3.50 sq. ft.) that staff concludes can reasonably be deemed to not exceed
fair market value.)
The proposed financial incentive would be offered by EastLake to Company X in exchange for
EastLake development-related concessions from the City. As noted, staff and EastLake are currently
finalizing a "Menu" (or list) of concessions and assigning a method of quantifying the value to
EastLake for each of these concessions. Staff has identified a number of concessions that could
potentially be provided to EastLake that would both be of value to them and within the context of
good City policy, such as: 1) renaming Orange Avenue to Olympic Blvd. (at an agreed upon value
of $50,000); or 2) to the extent legally feasible, adding Orange Avenue improvements from Wueste
Road to the U.S. Olympic Training Center to the Transportation DIF, (at an estimated value of
$450,000 to $600,000). Other examples could be: including the Otay Lakes Road/EastLake Parkway
pedestrian overcrossing in the DIF, rebating a portion of sales tax from the Village Center, extending
the term of the existing EastLake III Development Agreement, allowing EastLake to bond for park
improvements (versus paying cash as security), etc.
It is the intent of staff to incorporate into the agreement to be brought back for Council consideration
the following provisions: 1) any surplus value attributable to concession item(s) approved by Council
for facilitating the Company X $325,000 incentive will be "credited" to the City via the future Menu
agreement for use as an incentive for a future company (to be selected by the City). In the event the
Menu agreement is not executed within an acceptable timeframe, the "surplus concession value"
would be 100% reimbursed to the City (in a manner to be specified in the proposed agreement itself);
and 2) EastLake will be responsible for reimbursing the City all or a portion of the $325,000 value of
approved concessions in the event that certain identified performance standards are not met (e.g.
Company X opening by a certain date and/or operating for a designated period). In order to avoid
inappropriate precommitment by the Council to future discretionary approvals, at a minimum, the
proposed agreement will also provide that any proposed concession requiring further public hearings,
notices, findings for which there is not yet a factual basis, CEQA analysis or unfettered discretionary
action on the part of the Council, would not be contractually guaranteed to EastLake until such
additional steps had taken place. The agreement would, however, direct staff to take all appropriate
steps to bring such discretionary actions to the Council for its consideration.
FISCAL IMPACT: It is important to keep in mind that the proposed incentive is a CITY incentive to Company
X - not an incentive from EastLake. EastLake acts as a conduit. By means of this creative approach, the
incentive requires no cash outlay from the City.
The proposed agreement to be brought back to Council in written form for approval would not result in any
General Fund expenditures by the City. It will result in an agreement by EastLake to pay $325,000 in fees
and assessments that Company X would otherwise be required to pay in exchange for an equivalent value
/7-3
Page 4, Item-.Jl...
Meeting Date 4/18/95
in concessions from the City. Further, the proposed agreement will require EastLake to transfer any "surplus
value" of concessions approved to facilitate the $325,000 incentive to Company X to a future company as
designated by the City via the future menu agreement (or to reimburse the City in cash).
It should be noted that if any fiscal impacts were to result to the City from proposed specific concession items
such impacts will be identified at the time the agreement authorizing the concessions is brought to Council.
(For example, adding a project to the City's Transportation DIF could result in a minor adjustment to DIF fees
or would otherwise potentially impact the budgets of existing DIF projects.)
[(MOl c:\wp51\document\372.95 (April 14, 1995))
If -4
RESOLUTION
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING IN CONCEPT AN AGREEMENT WITH THE EASTLAKE
DEVELOPMENT COMPANY THAT WOULD REQUIRE EASTLAKE TO
TRANSFER ECONOMIC INCENTIVES TO A HIGH TECH COMPANY
LOCATING IN THE HIGH TECH/BIOTECH ZONE IN EXCHANGE FOR THE
CITY PROVIDING CERTAIN CONCESSIONS TO EAST LAKE, AND
DIRECTING STAFF TO RETURN TO COUNCIL WITH A WRITTEN
AGREEMENT FOR CONSIDERATION
WHEREAS, Council has created a High Tech/Biotech Zone within the EastLake Business Center to offer
incentives to attract targeted High Tech/Biotech and Biomed companies; and
WHEREAS, the attraction of these high growth companies will resuk in new, quality jobs for Chula Vista
residents; and
WHEREAS, Council has already adopted certain incentives, including measures to fast-track High
Tech/Biotech projects, and has directed staff to finalize other incentive elements for Council consideration,
including negotiation of a 'Menu" Agreement with EastLake to facilitate the transfer of city financial incentives
to targeted companies; and
WHEREAS, a targeted biomed company, which has asked that its name be kept confidential at this time
("Company X"), is currently considering relocating to the High Tech/Biotech Zone as well as to another site
outside of the City, and their site selection decision is imminent; and
WHEREAS, although the master incentive package agreement ("Menu Agreement") with Eastlake
regarding the High Tech/Biotech Zone has not been finalized, staff desires to encourage Company X to relocate
in the High Tech/Biotech Zone by negotiating a project specific incentive package agreement with Eastlake (the
'Eastlake/Company X Agreement") which contemplates that Eastlake would pay $325,000 of Company X's
development fees and assessment district fees in exchange for the City approving certain concessions
benefitting Eastlake; and
WHEREAS, prior to presenting a fully negotiated Eastlake/Company X Agreement to Council for its
consideration, City staff is requesting that City Council conceptually approve the agreement subject to the terms
and condkions set forth herein;
NOW, THEREFORE, THE CITY COUNCIL OFTHE CITY OF CHULA VISTA DOES HEREBY RESOLVE
AS FOLLOWS:
1) The City Council approves in concept the above-described Eastlake/Company X
Agreement calling for the payment by Eastlake of a $325,000 portion of Company X's
development and assessment district fees in exchange for certain concessions, to be
determined, which may be granted by the City for the benefit of Eastlake;
1'7-7
2) The City Council directs staff to expeditiously finalize negotiations with Eastlake with
respect to the Eastlake/Company X Agreement and to present a finalized written form
of such agreement for Council consideration as soon as possible or appropriate.
3) The City Council reserves the right, in its sole and unfettered discretion to approve or
disapprove the finalized version of such agreement.
PRESENTED BY:
APPROVED AS TO FORM BY:
CL
~ry
City ey
-f'~
Chris Salomone
Director of Community Development
M:\J-Iome\Attomey\,Aes.373
[(MD}c:\wp51\document\373.&5 (rev. April 14, 1995)J
/7-?
AGENDA ITEM NO. 17
REVISED 4/18/95
MARKED FOR CHANGES
RESOLUTION 17871
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING IN CONCEPT AN AGREEMENT WITH THE EASTLAKE
DEVELOPMENT COMPANY THAT WOULD REQUIRE EASTLAKE TO
TRANSFER ECONOMIC INCENTIVES TO A HIGH TECH COMPANY
LOCATING IN THE HIGH TECH/BIOTECH ZONE IN EXCHANGE FOR THE
CITY PROVIDING CERTAIN CONCESSIONS TO EAST LAKE, AND
DIRECTING STAFF TO RETURN TO COUNCIL WITH A WRITTEN
AGREEMENT FOR CONSIDERATION
WHEREAS, Council has created a High Tech/Biotech Zone within the EastLake Business Center to offer
incentives to attract targeted High Tech/Biotech and Biomed companies; and
WHEREAS, the attraction of these high growth companies will result in new, quality jobs for Chula Vista
residents; and .
WHEREAS, Council has already adopted certain incentives, including measures to fast-track High
Tech/Biotech projects, and has directed staff to finalize other incentive elements for Council consideration,
including negotiation of a 'Menu" Agreement with EastLake to facilitate the transfer of city financial incentives
to targeted companies; and
WHEREAS, a targeted biomed company, which has asked that its name be kept confidential at this time
("Company X'), is currently considering relocating to the High Tech/Biotech Zone as well as to another site
outside of the City, and their site selection decision is imminent; and
WHEREAS, although the master incentive package agreement ("Menu Agreement') with Eastlake
regarding the High Tech/Biotech Zone has not been finalized, staff desires to encourage Company X to relocate
in the High Tech/Biotech Zone by negotiating a project specific incentive package agreement with Eastlake (the
"Eastlake/Company X Agreement") which contemplates that Eastlake would pay $325,000 of Company X's
development fees and assessment district fees in exchange for the City approving certain concessions
benefitting Eastlake; and
WHEREAS, prior to presenting a fully negotiated Eastlake/Company X Agreement to Council for its
consideration, City staff is requesting that City Council conceptually approve the agreement subject to the terms
and conditions set forth herein;
NOW, THEREFORE, THE CITY COUNCIL OFTHE CITY OF CHULA VISTA DOES HEREBY RESOLVE
AS FOLLOWS:
1) The City Council approves in concept the above-described Eastlake/Company X
Agreement calling for the payment by Eastlake of a $325,000 portion of Company X's
development and assessment district fees in exchange for certain concessions, to be
determined, which may be granted by the City for the benefit of Eastlake;
/7-;
2) The City Council directs staff to expeditiously finalize negotiations with Easllake with
respect to the Eastlake/Company X Agreement and to present a finalized written form
of such agreement for Council consideration as soon as possible or appropriate. The
staff reDor! DresentinQ such aQreement shall include staff's analvsis of the relative benefit
of the DroDosed ComDanv X Droiect to the City and Easllake and of the estimated value
and burden of the DroDosed City/Eastlake concessions.
3) The City Council reserves the right. in its sole and unfettered discretion to approve or
disapprove the finalized version of such agreement. AccordinQIv. bv adoDtinQ this
Resolution the City creates no enforceable contractual riQhts or benefits for any Derson
or entitv.
PRESENTED BY:
Chris Salomone
Director of Community Development
APPROVED AS TO FORM
L~
Bruce M. Boogaard
City Attorney
M:\Home\Atlomey\Res.374
/ 7~ It!
!(MDlc:\wpS1\document\37UI5 (rev. April 18, 1W5)]
REVISED
$d.I)b
DATE: ApriII4, 1995
TO: Mayor and City Council members
FROM: Beverly A. Authelet, City Cler~u-
SUBJECT: Councilman Fox's Committee Appointments
This memo is to inform Council that Councilman Fox was appointed as the Council's delegate
to:
Metro Sewer Task Force;
LAFCO Cities Advisory Committee;
Otay Ranch Subcommittee;
ICLEI Council alternate; and
Board & Commission Liaison to GMOC, Interagency Water, Southwest PAC,
Human Relations, Civil Service, Resource Conservation, and Castle Park
Revitalization.
Attached is a copy of the Fact Sheet which lists all the appointments made to date.
cc: City Manager
Assistant City Manager
attach.
;2 tJb~;1
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Waste Systems, Inc.
28 Feb 1995
1006 Walnut Str..t
P.O. Box 156
C8nal Winchester, Ohio 43110
"hone (814) ta3-ff51
"AX (814) ta3.ff73
Mr. George Kremple
City of Chula Vista
276 4th Avenue
Chula Vista, CA 91910
.
Dear Mr. Kremple:
I have discovered that the draft Waste Disposal Agreement that I submitted to the City
Council for review was somehow confused with a sample Waste Disposal Agreement
which was sent to the Council by my stalflate last year.
For clarification, attached is (the) Draft Waste Disposal Agreement for your review and
'presentation to the City Council.
I believe that this agreement contains provisions that respond to all issues raised by the
Council during the original RFP process.
Please note items:
(2). TERM - this section offers a contract term of twenty (20) years with an option to
cancel during the first five years if the City finds a more cost effective disposal site.
(4). Rates for Disposal at the LandfiU . The rate for the City effective I lan 96 is still
$25.00 per ton with an annual increase limited to the CPI for the San Diego area.
(11). Performance Bond - MAWS is willing to bond it's performance to guarantee that
it's cost will be protected in the event of a delayed opening of the landfill. The landfill will
be open prior to the development of your transfer station but MAWS still wants to give
the City confidence in any decision that it may make.
(12). Indemnity - MAWS sha1I defend, indemnitY and save hann1ess the City.
As the City moves forward with it's plans for a transfer station many things are happening
in the area of Solid Waste. MAWS believes that the cost for waste disposal will continue
to increase in the San Diego area. but is prepared to enter into an agreement that will
guarantee long term competitive pricing for the City.
The Campo Site can provide Environmentally Sound, Cost Effective 1Vute disposal to
the City ofChula Vista for at least 20 years.
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April 17, 1995
TO: Honorable Mayor and Council
FROM: Jerry Rindone, Deputy Mayor
SUBJECT: Campo Landfill
Attached is a proposal by Mid-American Waste System regarding the Campo Landfill provided
for your background information.
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1 would like for the City to consider an interim agreement that would at least protect their
pricing until the Transfer StatioDS opens. At that time, as the agreement states, the City
.woUld not be obligated to deliver waste to Campo uit found a lower total cost option that
Mid-American could not meet. I realize that staffbas recommended that the City Dot enter
into any disposai agi-eements until the transfer station is developed, Prices will probably
rise much higher in the next 18 months, I am just suggesting insurance against that
possibility.
. Thank y~ in ~ance for yOW' help,
~2f
JayW. Powell
General Manager
Enclosure: .
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WASTE DISPOSAL AGREEMENT
This Waste Disposal Agreement ("Agreement") is made this day of
1995, by and between Mid-American Waste Systems Inc., located at 1779 earn'pi' Tntck
Trail, Campn CA 91906 ("MAWS") and The Cit)' nfChula Villta, Califnmia (City).
B.E.CIIALS
WHEREAS, MAWS is the operator ora non-hazardous Solid Waste landfill at the
Campo Indian Reservation, Campo, California.
WHEREAS, the City is planning a project or facility (collectively "the Project")
which, amongst other things, will produce Solid Waste and I or Special Waste, as defined
below; and
WHEREAS, the City desires to have MAWS dispose of the Solid Waste generated
at the Project and MAWS agrees, in accordance with the terms contained in this
Agreement, to dispose of such Solid Waste brought by the City to the Landfill; and
NOW THEREFORE, in consideration of the mutual promises contained herein,
and for other good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged by MAWS and the City, the parties hereto agree as follows:
1. Defininnn. - As used in this Agreement, the following terms shall have the
following meanings:
A Snlid Wallte - Solid Waste shall mean the substances defined as "Solid Waste"
in 40 C.F.R. Section 241,101 except that Solid Waste for the purposes of this
Agreement shall not include any Special Waste as defined below.
B. Special WaIlte - Special Waste shall be defined as anyone of the ! .lllowing:
a. Solid Waste containing free liquids;
b. Solid Waste containing sludge, as defined in 40 C.F.R. Sectio,' 241.101 as now
existing and hereafter amended;
c. Solid Waste generated by an industrial process;
d. Oft'-specification, outdated or discarded chemical product.,;
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Page 2 (Chula VISta)
e. Petroleum products and petroleum con.taminated soils;
f. Contaminated soil or debris which results from the clean-up of a spill or release
of any of the materials or substances listed in "a" through "e", above.
C. HA7Afdous Waste - Hazardous Waste shall mean any hazardous waste as
currently defined in 40 C.F.R. Section 261 and as hereafter amended.
D. Medical Waste - Medical Waste shall mean the substances described as
"Medical Waste" in 40 C.F.R. Soetion 259.10 as currently defined and as
may hereafter be amended.
E. Infectious Waste - Infectious Waste shall mean the substances descnbed as
"Infectious Waste" in 40 C.F.R. Section 241.101 as currently defined and
as may hereafter be amended.
2. Icon - This Agreement shall commence on The openina nate of the I.andfill
in 1995 ("The Commencement Date") and shall run continuously thereafter for a
term of 20 years. The Agreement may be renewed for an additional term
often years upon mutual agreement of both parties. During the first five (5) years
of this Agreement after the Conunencement Date, the City shall have one elective
termination of this Agreement upon satisfaction of the following conditions: (1)
the City delivers to MAWS a bona fide, complete, written, enforceable agreement
(excepting only the City's execution thereof) with another disposal vendor that (A)
meets all the nonprice terms and conditions of this Agreement, (B) on a net present
value basis over the remaining term of this Agreement, has a lower Disposal Fee
including transportation cost and any applicable Government Fees) to the City
than this Agreement, and (C) is inunediately available to accept Solid Waste with-
out restriction or delay as of the date such alternative agreement is delivered to
MAWS; and (2) MAWS has not delivered to the -City within thirty (30) days of
receipt of such alternative agreement, a written commitment to meet or exceed the
price terms of the alternative agreement. In tbe event MAWS delivers such a
commitment, this Agreement shall continue in full force and effect for tho
remaining term, except that the Disposal Fees shall be adjusted to conform to that
written commitment.
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!.
3. Transportation o(Solid Wa!lte from the Prqject The City shall transport or
cause to be transportccl to the Landfill all of the Solid Waste and Special Waste
produced or generated at the Project. The cost and expense to transport the Solid
and Special Waste fonn the Project to the Landfill shall be borne exclusively by the
City.
4. ~ - The following fecs shall be applicable to the sernces perfonned hereunder
by MAWS: .
A. RateR for DillPoul at the I.andfill - The City shall pay MAWS a
Disposal Fee ofSZ!.OO per ton (Effective l1an 1996) for the disposal of Solid
Waste at the Landfill including any and all State, District and Host Community
Fees, taxes or assessments imposed or collected by applicable governmental
authorities for each ton of Solid and Special Waste generated at the Project that is
disposed of at the Landfill ("Government Fee"). The Disposal Fee will be increased
annually by a percentage equal to the CPI for the San Diego County area. The
Disposal Fee(s) ahaII be valid only for the term oftms Agreement as set forth in
Section 2, above.
B. Assessments and Taxes - The City agrees that if at any time during
the term of this Agreement, the Govcmt1lellt Fee on the disposal of Solid
Waste or Special Waste applicable is increased then such increase in the
Government Fee shall be passed through to the City as an additional
cost under this Agreement and shall be paid in full by the City.
S. P~ents- No later than the tenth day of each month, MAWS shall bill the
City for all of the Solid and Special Waste disposed of at the Landfill during
the previous month. The City shall be required to pay to MAWS within thirty
(30) days from the invoice date the full amount set forth on the invoice.
, .
6. Di!lPOul o(Solid Wa!lte - MAWS shall provide disposal at the Landfill for the
Solid and Special Waste transported to the Landfill hereunder, under the
. following conditions:
,
,oj
A
MAWS shall have the right to reject any load of purported Solid Waste
that in MAWS' reasonable opinion does Dot confonn with the definition of
Solid Waste as set forth above;
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Page 4 (Chula Vista)
B. MAWS shall not accept any Solid or Special Waste for disposal at the
Landfill, and the City shall not provide any Solid or Special Waste to
MAWS for disposal, unless and uhtil the procedures set forth in Exhibit A,
(attached hereto and incorporated herein) as well as all applicablll
governmental rules and regulations, are followed. If MAWS incurs any
cost or expense in connection with rejection such Solid or Special Waste
due to the failure ofthe City to comply with thi, Asreement or
Exhibit A hereto, then the Authority shall pay MAWS, within thirty (30)
days of receiving MAWS' invoice for such actual costs, all of the such
costs includin& but not limited to, the cost of equipment, supplies, and
personnel utilized by MAWS in rejecting or removing it from the Landfill.
C. The City ahaIl not provide to MAWS and MAWS shall not accept for
disposal any Hazardous Waste, Infectious Waste, or Medical Waste.
. 7. MAWS' WAlTRntil'lll - MAWS warrants, represents, and covenants that:
A. MAWS shall dispose of the Citys' Solid and Special Waste in a
manner that is in full compliance with all applicable federal, state, and local
. laws, rules and regulations; and
!
B.
MAWS bas, and at aU times durins the term ofthia Asreement shall have,
all necessary permits, licenses, and authorizations necessary to operste
the Landfill.
8. The City'g WArranties - The City warrants, represents, and Covenants that:
A.
The City shall provide to MAWS for disposal only Solid Waste that is
Solid Waste as defined herein and Special Waste that is approved for
disposal by MAWS as provided herein and shall not provide MAWS with
any Hazardous Waste, Infectious Waste, Medical Waste, or any kind of
waste other than non-hazardous Solid Waste or approved Special Waste;
and
.
B. As to all Special Waste which is provided by the City for disposal
hereunder, at its sole cost and expense the City shall provide MAWS
with appropriate laboratory tests which show that the Solid Waste contains
no Hazardous Waste, Infectious Waste, or Medical Waste. This testing
shall include, but not ~ limited to, testing the Solid Waste in Accordance
with Method 1311 Toxicity Characteristic Leaching Procedures as set forth
in 40 C.F.R. Part 261, Appendix IT ("TCLP") as currently written and as
may be amended, at least two (2) times every twelve (12) months or at
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Page 5 (COOla Vista)
such shorter intervals as might be required by any appropriate
governmental authority.
C. The City shall provide MAWS for disposal at the Landfill, all of the
Solid and Special Waste generated or produced at the Project.
9. Hours of Operation - The Landfill shall operate during the hours 7:00am to
5:00pm M.F and 7:00am to Noon on Saturday. Closed on Sunday.
(,
10. Ryr.lIle ofP",rfnnnance - The parties' performance under this Agreement may be
suspended in the event such performance is prevented or made impractical by a
cause or causes beyond the control of such party. Su~h cause or causes shall
include, but not be limited to, acts of God, acts of war, riot, fire, explosion,
accident, flood, sabotage, lack of adequate fuel or pOwer, changes iiI
governmental laws, regulations, administrative rules, permits, approvals
requirements, orders or actions, national defense requirements, injunctions, or
restraining orders. In addition, without limiting or conditioning the foregoing.
MAWS shall be excused iTom performing hereunder if the Landfill is closed for
any reason, by any regulatory body with jurisdiction over the Landfill pric:>r to the
termination of this Agreement.
The parties shall provide as much advance notice as practical to the other party of
any such circumstance which the non-performing party believes will effect its
ability to perfonn under the terms of this Agreement. At such time as the event or
cause which caused the non-performing party to suspend its obligations under this
Agreement is removed or elimillllted, then the non-performing party shall be bound
to honor this Agreement for the remainder of ita term. Not withstanding the above,
nothing contained herein shall excuse the City's obligation to pay MAWS for
services rendered by MAWS to tbe City.
11. PIlrf'onnanrll Bond - Within thirty (30) day. ofthe execution ofthi.
Agreement by the City and MAWS, MAWS IhaD provide a performance
bond In favor of the City to lecure its obligation to open the IandOIl.
Drawln.. on the performance bond IhaY be permlned only Ifthe
Commencement Date does not occur on or before December 31, 1995.
The provialons of thia paralraph lhallapply notwithstanding the pl'O\'lslonl
of paragraph 10 hereof.
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LOOLL99 6t9 IVd $Z:9t 96/Lt/tO
----------------------------------------------
.-
Page 6 (Chula Vista)
12. Indemnity
A. The City shall defend, indemnifY and save harmless MAWS, its
officers, directors, agents, IICIVants and employees form and against any
and 1111 suits, actions, legsl proceedings, dUms, demands, damages, costs,
expenses and attorneys' fees (collectively "Claims"), made against MAWS
or the City to the extent that such Claims result from a willful or
negligent act or omission by the City or any ofits officers, asents,
IICIVants or employees or a\lege damage or injury caused as a result of a
willful or negligent act or omission by the City. In addition to, and
without limiting the foregoing, the City shall defend, indemnify and save harmless
MAWS, its officers, directors, agents, servants and employees from ai1d against
any and all Claims made against MAWS or the City which relate to, arise from or
are connected with any damage, injury or destroction to persons, property or the
environment occurring as a result of acts or omissions by the City or any of
its officers, employees or agents.
B. MAWS shall defend, indemnify and nve harmless the City, its
ofticen, agents, servants and employees from and against any and all suits,
actions, legal proceedings, claims, demands, damages, costs upenses, and
attorneys' fees (Collectively ("Claims") to the utent that such Claims result
from a willful or negligent act or omission by MAWS as well as all aaims
made against the City under the Comprehensive Environmental Response,
Compensation and Liability Act, 42 U.S.C. '601, ",t ."'q. ("CERCLA"),ln
which it is alleged that the City caused harm to persons, property or tbe
environment as a result of Solid Waste brought or transported by the City to
the Landfill. Notwithstanding the above, in no event sball MAWS be liable
for any aaims arillng out of, caused by, or resultinl from the breach by the
City of any of the terms of aD agreement between the City and MAWS.
13, , ndll))"ndent Cnntractnr - The parties hereto are independent entities and all
services performed under this Agreement are performed by the performing party as
an independent contractor. Neither MAWS or the City ii the employee, agent
or representative of the other and neither party is authorized to act as the agent or
representative of the other or on behalf of the other party.
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Page 7 (Cbula Vista)
14. A~~ilP'ment - Neither party may assign, trlUlSt'er, or vest in any other entity or
person any of its rights or obligatioDl under this Asreement without the prior
written consent of the other party, which consent shall 'not be unreasonably
withheld. Provided, however, that MAWS may. without any such prior written
consent of the City, assign its rights or obligations under this agreement to any
subsidiary or affiliated corporation so long as MAWS remains primarily
responsible for the performance of aU of its obligationumder this Agreement.
IS. SU'W'~!Illrs and A~~ilP's - This Agreement shall be binding upon, and shaD endure
to the benefit of the parties hereto and to their respective successors and assigns
permitted under the terms of this Agreomeni.
16. Govemina Law - This agreement shall be governed by and construed in
accordance with the laws of the State of California.
17. Nntice~ - Unless otherwise specified herein, any notices to be provided under this
Agreement shaD be made in writing and shall be deemed received when sent to the
below listed addresses and (1) when actually received after being sent by telocopier
, or personally delivered or (2) three days after being mailed by first class United
States mail with proper postage pre-paid or (3) one day after being sent via an
overnight courier service if the sending party retains a receipt of showing that the
overnight courier service received the notice form the iending party. .
Notices to MAWS shall be sent to:
Mr. lay Roberts - Vice President
Mid-American Waste Systems, Inc,
1006 Walnut Street
Canal Winchester, Ohio 43110
Telephone: (614) 833-9155
FAX: (614) 833-9173
Notices to the City shall be sent to:
Phone:
FAX:
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Page 8 (Cbula Vista)
18. Parll~h Hl!!adinas - The paragraph headings contained herein are inserted only
for the convenience of the parties and in no way define. limit. or describe the scope
or intent of any provision in this Agreement.
19. Unl!!llfnr""Jlhle Provillions - Ifanyterm, covenant, warranty. paragraph, clause,
condition, or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void, or unenforceable, then IUch term, covenant,
warranty, paragraph. clause, condition or provision shall be deemed rewritten to
allow for its maximum enforcement under the law and the remainder of the
provisions of this Agreement shall remain in fun force and effect and shall in no
way be affected. impaired, or invalidated.
20. No Waivl!!l" ofRiahts - Failure by either of the parties to insist on or e'nrorce any of
their rights shall not constitute a waiver of any of that party's legal rights or of that
party's right to insist upon strict compliance with the provisions of this Agreement.
21. Tl!!I'mination
Not withstanding anything set forth above. in the event either MAWS or the
City is in breach of any of the material provisions of this Agreement. the non-
breaching party shall provide written notice to the breaching party advising the
breaching party of the breach, specifYins tho action( s) that must be taken by the
breaclling party to remedy the breach in accordance with this Agreement and
requesting that the breach be remedied within thirty (30) days ("Breach Notice").
If the breaching party (1) has not remedied the breach within thirty (30) days after
receiving the Breach Notice or (2) has not used its best efforts to remedy the
breach within such thirty (30) day period in cases where the breach is incapable of
being fOIJIedied within such period, then the non-breaching party may terminate its
obligations under this Agreement provided. however. that tho City's
obligation to pay MAWS for services already provided by MAWS shall continue
and not be extinguished until all sums due MAWS are paid in fun.
22. Rntin!! Aif'lI!!'Dl!!Dt - This Agreement constitutes the entire Agreement and
understanding between the parties with respect to the matters contained herein.
23. Cmmtl!!l:j)Rrts - This Agreement may be executed in two or more counterparts,
each of which shan be deemed an original and all of which together shall constitute
one and the same instrument.
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Page 9 (COOla Vistal
IN WITNESS WHEREOF, the partin hereto have authorized the individuals
whose signatures appear below to sign this Agreement OD behalf ofMA WS and
the City with full authority to bind MAWS,and the City, respectively,
MID-AMERlCAN WASTE SYSTEMS OF OHIO, INC.
BY:
ITS:
BY:
ITS:
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EXHIBIT A
1. W ute Material. - The City asrees the waste to be delivered for disposal'
pursuant to this Agreement shall be non-baled Solid Waste and shall not contain
any Hazardous, Radioactive, Infectious, or Medical Wastes, as those terms are
defined by applicable federal, state or local laws and regc'J1ations. MAWS shall
dispose of only non-hazardous Solid Wastes and approved Special Wastes and
MAWS shall be under no obligations under this Agreement to haul or dispose of
wastes other than non-hazardous Solid Waste or approved Special Wastes.
2. Spedal Waite - Under the terms of this Agreement, special Waste shall be defined
as set forth in Section I.B, above. Before MAWS shall be required to dispose of the
City's Special Waste, the City shall: (1) at its own cost and expense,
conduct TCLP testing and analysis on the Special Waste and immediately upon
obtaining the resuhs of the TCLP testing and analysis, provide a written copy of
these tests and analysis results to MAWS; and (2) complete and submit the form
entitled Special Waste Disposal Approval set forth in Exhibit B and submit this
completed form to MAWS for its approval; and (3) obtain written approval on the
Special Waste Approval form from both MAWS' Regional Environmental Manager
and the GenIll'a1 Manager at the Landfill where the Special Waste is to be deposited
for disposal.
Any other waste provided for disposal by the City that substantially comports
with the definition of Special Waste set forth in the Agreement shall require that the
practices, procedures, and approvals specified in this Exhibit A be followed and
obtained by the City before MAWS shall be required to accept the Special
Waste provided by the City.
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Mld.Amerlcan Waste Systems, Inc.
" 1. Mld.Amerlcan Waste SYlteml, Inc. (MAWS) will acclpt for disposal Q!l1lt
municipal lolld waste and approved Ipeclal WISIII.
2. Special Waste is defined as waste which meelS Iny ot thelollowlng classifications:
8) Waste containing tree liquids;
b) Wasle which 1& sludge or semi-solid;
c) Waste generated by an industrial process;
d) Waste generated by a pollution control process or facility;
e) Off.speclficetlon, out-date or discarded chemical or petroleum products;
I) Asbestos conlalnlng waste;
g) Contaminated soli or debris resuttlng "Irom the cleanup of a spill or release 01 materials
- . Dated II'! a through g. .
3. Hazardous wastn and untreated IntecUoul wastlS, as dellned by lederal. Itate
and local regulation., .re speclllcally excluded Irom disposal al MAWS laclliues.
4. ~ hauUng or disposal ot Special Waste, the generator mus\.complete a Speelal Waste
Disposal Approval and the same must be approved by the disposal tacUlly General Manager and
MAWS Regional Envlronmantal Manager.
5. Each dlsposalfacllby shaD maintain a Solid Waste Disposal Log to record the Inspection and
approval of all Special Waste foads received at the taclllly.
6. Special Waste disposal will be consistent wtth applicable state programs and regulations.
7. Each disposal facllby General Manager will conduct IlIIW employee and semi-annual refresher
training lor all employees responsible tor Spacial Waste management.
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43110
Special
Waste
Disposal
Approval
Olsposal Fadlty
10 NulT'l:lel'
Generator Information
1. Name
2. ,6d:teSS
3. City and Stale
4. COrtad Person
5 . Plant or Work Slle Location
Waste Information
6. COIml;ln Name olWaste
7. Detailed Description 01 Process GlilOerallng Waste
B. Is this a HazardOus or Toxic Wasle as Defined by Federal. Slall or L,ocal Laws or
Regulallons: 0 Ves 0 No
Phvsleal Characteristics of ~ast.
9. COlor
OdOr
ONone CMiId OSlrong Describe
, 10.
11.
QSo6d 0 Semi-Solid (sludge) 0 Uquid C Powder
Physical Slale
C O\tllIr
. 12. Frle Slandlng UquldS C VIS C No
13.
MlnilT1Jm Pen:enl SoIds
"I.
14. Waste Wi! Be Disposed In: 0 Bulk Q Drum Q Other
15. Anticipated VokJme: Q Tons 00 Yards 0 Drums C Other
16. Frequency: QOrIe-tlme QWeekly QMonlhly COIher
)/19 -/6
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TranscorlAr Information
17. Name
18. ,AdjreSS .
19. City and $Iale
20. Cortad Person
PIJ:lne
Laboratorv Information
21. Name
. Phone
22.
23,
Cortad Person
AIlach a recent (within e months) analysis 01 a representative sample 01 the waste to be
disposed. parametere to be reportecl shall inclucle: .
'.
A. Flalll''''
B. pH
Co P.n:1f\l s-
o PUtI Fillll T.lt
E. C,"'"" R.RMy
F. S.lIId. R'IC"I~
G. PCB (I roqulrtd)
H ToIIIP"""",",
lIyGroca.bon. lTPHl
(.pI1Ir....H r._..",,1
I TC~P M11111
. Ar..nk:
'Barium
. Cadmium
'll"
'MIlCUty
, SoIollium
'SHver
J TCLP P.-..
. Endrill
. Undine
'M.",olyClllOr
'lo..~n.
'V'O
'Z.'.I.TP (511...)
I<. TC~P (lo,onl..
"8enal\l'
. Cat,*, T.vaQhlork:tl
. Chlorc:1N
I Chloroform
. Do,m., p-CreSOl
" TD'.e,.lol
, 1.4.OIcIlIoroII'''-
, I .Z.o;enlor."",",
, 2.4.OIniuoIlllIllM
24. Allach Appropriate State Approvals.
.
K. T~P 0rg0ni0I-- ...
, H.p,"c,",,, ,.... Hrclrolld'l
. HrllldWHOblnl'.n.
. Htll.achlarvmuacllene
I H.aachaorlMllhaM
. M1lOy1EIIlrIK......
, N1.obenUM
'P.nllClliolo"""'"
'Prdclne
. T.nchkuoatftJlen,
. TticnlofOllhylent
, Z.'.Hoenloroph_1
. 2,4,loTlictdClrophenDl
'Vinyl CNorIdo
Certification
I certify that alllnlonnatlon submitted In this and all attached clocuments are tnJe, accurate and complete
and Is an accurate representation 01 the waste to b. disposed.
Name
(Print or type)
(Signaturel
11tJe
Dale
ADDfoval
The waste as represented by Inlormatlon contained In this document Is approved lor disposal at:
General Manager
Regional Environmental Manager
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Hazardous or Toxic Waste by law or regulation
Free liquids (see Paint Filter)
LaboratOry Analysis
Flash Poinl
tHsolidS
Painl Fl.lter Test
Cyanide Reactivity
Sulfide Reactivity
(1) PCB (lOW). if required
TQ.P Mews
Arsenic
Barium
Cadmium
Chromium
Lead
Mercury
Selenium
Silver
TCLP Pesticides
Endrin
Lindane
Methoxychlor
Toxaphene
. 2,4-D
2.4,5- TP (sUvex)
TCLP Organics
Benzene
Carbon Tettachloride
Chlordane
Chlorobenzene
Chlorofonn
(2) 0-. mo. pOI or Total Cresol
1.4 - Dichlorobenzene
1,2 - Dichlorethane
1,1- Dichloroethylene
2,4 - Diniuotoluene
Heptachlor (and lIS hydroxide)
Hexachlorobenzene
Hexachlorobutadiene
Hexachloroethane
Methyl ethyl ketone
Niuobenzene
Penlachlorophenol
Pyridine
Tetrilchloroethlcne
Trichloroethylene
2.4,5 - Trichlorophenol
2.4,6 . Trichlorophenol
Vinyl Chloride
Total PeU'oleum Hydrocarbons (TPH)
. A~proval
Crite"a or Level
NO
NO
> 140"F
>2. <12
>20%
Pass only
<250 mg/l
<500mg/l
<50 ppm
<5.0 mlVl
<100.0 mg/l
<1.0 mg/l
<5.0 mg/1
<5.0 mlVl
<0.2 mill
<1.0 mill
<5.0 mlVl
<0.02 mg/l
<0.4 mg/l
<10.0 mg/l
<0.5 mlVl
<10.0 mg/l
<1.0 mg/l
<0.5 mg/l
<0.5 mgA.
.<0.03 mg/l
<100.0 rog/l
<6.0 mg/l
<200.00 mg/l
<7.5 mg/l
<0.5 mill
<0.7 mill
<0.13 mill or MOL.
<0.008 mill
<0.13 mg/l or MOL.
<0.5 mg/l
<3.0 mg/l
<200.0 mg/l
<2.0 mg/l
<100.0 mg/l
<5.0 mg/l or MOL.
<0.7 mg/l
<0.05 mg/l
<400.00 mg/l
<2.0 mg/l
<0.2 mg/l
<6000 mg/kg
. MOL. Methcd Delcction Llmi~ Use the JUlller of MOL or the specified level.
(1) PCB'. includes 1111 arochlllrs. PCB is 10 be llI1~l~yzcd In 1111 oily waslc IlrClllllS. PCS'I nOI roquitcd 10 be
analyzed for non-oily WIISICS, unlcSllheir presence is slISJlC:Cled. . .
(2) Analyze for g-, m-.llI1d p. Cresol. If they CllI1IiOI be dlrfcllllltl~ted use 101111 Cresol. 200 mg/lopprova! cntenon
appliellD QCh.
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OlY OF
CHUlA VISTA
April 13, 1995
TO: Honorable Mayor and Council
FROM: Jerry Rindone, Deputy Mayor
SUBJECT: Fuel Cell Powered Transit Bus Demonstration Project
This is a request for the City Council to approve dedicating $2 million in available Transportation
Development Act (IDA) Article 4.0 funds and necessary staff time to implement a state-of-the~art
hydrogen fuel cell powered transit bus project in Chula Vista. Also needed is Council approval of the
attached City of Chula Vista, Science Applications International Corporation (SAle), and Ballard
Power Systems joint application for $800,000 in AB 2766 funds submitted on March 31, 1995. The
purpose of the project is to demonstrate and evaluate the use of fuel cell powered buses in a typical fleet
application while increasing transit availability for the citizens of Chula Vista and reducing vehicle
emissions.
Funds will be used to purchase five 40-foot zero-emission hydrogen buses from New Flyer Industries.
Each bus will be fitted with Ballard 275 HP Fuel Cells in place of an internal combustion engine, be
capable of holding 60 passengers, and have a range of250 miles. Three of the buses will be used to
replace existing diesel buses currently in operation, the other two will be used to initiate new service
within Chula Vista to increase ridership and decrease the number of single occupant vehicles on the
road. The buses will operate for a combined total of 500,000 miles.
Ballard Power Systems is the developer and manufacturer of the hydrogen fuel cell which will power
the five buses. Ballard is recognized as a world leader in proton exchange membrane fuel cells and is
the only company with a commercial product line oflarge scale fuel cell systems dedicated for transit
use. SAlC will be involved in the project as systems analysts. Throughout the course of this project,
they will monitor and gather data from onboard computers which track efficiency and reliability of the
vehicles.
The full cost of the demonstration project is estimated at $10 million. The cost includes purchasing the
buses, fuel, a hydrogen refueling facility, maintenance, spare parts, trained support personnel, and data
collection. As its commitment, Chula Vista will contribute $2 million of its IDA fund balance and the
$800,000 from AB 2766. Additional funding is also being sought from the Air Resources Board, the
California Energy Commission, SDG&E, CalTrans, the Federal Transit Administration, and the
Department of Energy to fully fund the project. It is requested that Council:
. Approve dedicating $2 million in TDA Article 4.0 funds for the Fuel Cell Powered Transit
Demonstration Project.
. Approve the joint application with Ballard and SAlC for $800,000 in AB 2766 funds.
. Approve staff participation in implementing the Fuel Cell Powered Transit Demonstration
Project.
Attachments
~/b-/
MEMORANDUM
March 29, 1995
File # DS-024
TO:
The Honorable Mayor and City Council
SUBJECT:
John Goss, City Manager ..11/
10hn P. Lippitt, Director of Public Works qr'
Bill Gustafson, Transit Coordinator f)?-
Application to Air Pollution Control District (APCD) for AD 2766 Funding
VIA:
FROM:
At the request of Councilman RiDdone, Transit Coordinator Bill Gustafson, and Councilman Rindone's assistant,
Colleen Kelly are preparing an application to the APeD for $800,000 in AD 2766 funds. This $800,000 request
would fund part of a $10 mUlIon, zero emission fuel cell bus demonstration program for the City of Chula Vista.
The zero emission fuel cells are developed by Ballard in conjunction with SAlC, a San Diego based company.
Since the application to the APCD is due by April 3, 1995, staff did not have sufficient time to request Council
approval of this application prior to its submission. However, a report will be made to Council on the details
of this application and program in the near future; in addition, Council may withdraw the application request to
APCD if it decides not to proceed with the demonstration program.
The total cost of the zero emission fuel cell bus demonstration program is $10 million, and includes:
. Five, forty-foot passenger buses powered by zero emission fuel cells;
. Establishment of a hydrogen fueling station;
. Maintenance/field support for Chula Vista Transit (CVT) personnel and operating cost of the five buses
for 500,000 miles (approximately three to four years); and
. All fuel and spare parts associated with the demonstration program.
At the end of the demonstration program, the buses would be turned over to the City of Chula Vista for continued
operation as part of the CVT fleet.
Tentative funding sources for the $10 million program are:
. $800,000 from AD 2766 funds;
. $2 million In City of Chula Vista Transportation Development Act ('IDA) Article 4.0 funds;
. Current negotiations are being conducted with Ballard and SAlC to fund a portion of the $10
million demonstration program as part of a publiclprlvate partnership;
. Addition funding as yet to be determined from potential State and Federal sources.
The $2 million of City of Chula Vista TDA Article 4.0 funds reflect the comparable cost of 5 to 6 compressed
natural gas (CNG) buses at a cost of approximately $330,000 each. The use of $2 million in TDA funds for this
project would leave a balance In the City of Chula Vista's TDA account of approximately $2.3 million. This
balance includes the TDA Article 4.0 claim for next fiscal year, FY 1995-96.
BG:dv
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c2/b -:3
MEMORANDUM
TO: Honorable Mayor Horton and City Council
VIA: City Manager John Goss
FR: Barbara Bamberger, Environmental Resource Manager
RE: Ballard Fuel Cell Bus Demonstration
DA: February 22, 1995
Ballard Powers Systems and Science Application International Corporation (SAle),
headquartered in Vancouver and San Diego, respectively, have jointly developed a state-of-
the-art hydrogen fuel cell powered transit bus, they are looking for three geographically
different demonstration sites to test these buses with at least five demonstration buses per site.
The purpose of the demonstration program is to utilize fuel cell power generated buses in a
typical fleet application, aimed at commercializing a new environmental technology for Zero
Emission Vehicle (ZEV) electric buses powered by a hydrogen fuel cell engine by 1998.
Chula Vista could be one of those demonstration sites by developing a public/private
partnership with local, state and federal agencies.
A fuel cell is an "electric engine" that, in this case, utilizes hydrogen to power the fuel cell.
Fuel cells offer the potential to replace internal combustion engines in transportation
applications and have already been used as power sources in spacecraft and stationary power
units. Battery development is generally regarded as the single most important factor in the
success of electric vehicles. In response to this challenge, SAlC and Ballard Power Systems
combined to develop a state-of-the-art electric battery system that runs completely on fuel
cells, enabling an electric vehicle to have a range equal to that of a diesel power bus (250
miles or more), versus the typical electric vehicle of which the range is limited to 75 miles
per charge or less. Additionally, fuel cells do not need to be "plugged in". A prototype was
developed and the first hydrogen fuel cell bus was unveiled for public use last year in Los
Angeles.
Advantages of fuel cells include:
. Extended range compared to battery powered vehicles
. zero tailpipe emissions (ouly bi-products are "air" and "water")
. multi-fuel capacity
. reduced dependence on one fuel source and foreign oil
. high energy efficiency versus an internal combustion engine
The video presentation will provide an opportunity for the Council to become one of the three
demonstration sites throughout the country for hydrogen fuel cell transit buses, and consistent
with the goals of the BECA, will assist in the commercialization of a new environmental
technology. If Council so desires, staff could explore both the positive and negative impacts
of hydrogen powered buses, and will present that information back to the Council at a later
date.
oil); - r
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em OF
CHUlA VISTA
OFFICE OF THE CITY MANAGER
March 31, 1995
Mr. Rich Sommerville
Air Pollution Control Officer
9150 Chesapeake Drive
San Diego, CA 92 23- 096
Dear Mr. So
Enclosed is the joint proposal for AB2766 funds being submitted for
the public/private partnership of the city of Chula Vista, Science
Applications International Corporation (SAIC), and Ballard Power
Systems.
Per the instructions issueci in }"our RFP, the names and addresses of
each of the partners is listed below:
citv of Chula vista
Contact: Bill Gustafson
276 Fourth Avenue
Chula Vista, California 91910
(619) 691-5260
~
Contact: Neil otto
4161 Campus Point Court, M/S E3N
San Diego, California 92121
(619) 458-3816
Ballard Power Svstems
Contact: Paul Howard
107-980 West 1st Street
North Vancouver, B.C.
canada, V7P3N4
(604) 986-9367
Thank you for your consideration of our application.
Sincerely,
~..
City Manager
cc: N. otto
W. Gustafson
P. Howard
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276 FOURTH AVENUE' CHULA VISTA. CALIFORNIA 1111110 . (618) 681.5031 . FAX (618) 585.5612
~, '-'----,..
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AB2766 FUNDING REQUEST
_ CHULA VISTA FUEL CELL BUS DEMONSTRATION -
Submitted
asa
PublidPrivate Partnership
by
The City of Chula Vista
Ballard Power Systems
Science Applications International Corporation
Objective
. To reduce new and existing mobile source emissions through the use of five zero emission
hydrogen fuel cell buses.
. To pioneer the use of fuel cell buses in the San Diego region.
. To further refine the database on the performance, cost, and reliability of zero emission
hydrogen fuel cell buses.
. To contribute to the development of fuel cell propulsion and facilitate replacement of internal
combustion engines as the primary mode of transportation.
Project Description
With assistance from several funding sources, the City of Chula Vista intends to purchase five
zero emission hydrogen fuel cell buses from New Flyer Industries and operate each of them on
high ridership routes for a combined total of 500,000 miles.
This demonstration project will include a hydrogen fueling station, field support for Chula Vista
Transit personnel, and coordination, analysis, and reporting on the performance, cost, and
reliability of the five vehicles.
The project is scheduled to begin in Aprii of 1995, with bus delivery anticipated in the summer
of 1996, and will continue until data on 500,000 vehicle miles have been gathered. Three of the
buses would be used to replace existing diesel fuel buses currently in operation. the other two
will be used to initiate new service within Chula Vista to increase ridership and decrease the
number of single occupant vehicles on the road.
Existing ridership figures as well as projected figures for the new routes are included in
Attachment A.
This project is consistent with SANDAG's adopted Regional Transportation Control Measures
Plan which has a goal of 50% CNG or equivalent low emission vehicles in regional bus fleets by
the year 2000. That goal is incorporated into the Regional Air Quality Strategy adopted by the
APC Board.
I
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AB2766 FUNDING REQUEST
- CHULA VISTA FUEL CELL BUS DEMONSTRATION -
The five buses to be purchased are New Ryer H40LF Low Roor vehicles, fitted with Ballard
275 HP Fuel Cells in place of an internal combustion engine. Vehicle performance meets
Federal Transit Administration criteria. Each will hold 60 passengers (39 seated, 21 standing), is
fueled by compressed hydrogen gas, and has a range of 250 miles (see photos, Attachments B
and C).
Prolect Costs
The full cost of the 500,000 mile demonstration project is estimated at $10 million dollars. The
cost includes purchasing the buses, fuel, maintenance costs, trained support personnel, and data
collection. A more detailed budget appears as Attachment D. An initial commitment from the
City of Chula Vista's TDA fund balance will contribute $2 million (20%) toward that total.
Additional funding is also being sought from the Air Resources Board, the California Energy
Commission, SDG&E. Caltrans, the Federal Transit Administration, the Department of Energy.
and others to complete the fund pool.
Emission Reduetion
This project falls under the activity indicator category "Alternative Fueled Vehicles -
New/Replacement"
As stated earlier, the project will reduce mobile source emissions in two ways. Three currently
operating diesel fuel buses will be removed from circulation and replaced with the zero emission
fuel cell buses. This will reduce the emissions being produced by existing transit operations (the
current bus operations are detailed in Attachment A).
In addition, two new bus services will be initiated to increase transit accessibility within Chula
Vista and reduce the number of single occupant vehicles being used. As shown in Attachment
A. the new vehicle estimated Vehicle Miles Traveled (VMT) is 128.000 annually and the new
vehicle engine certification standard are zero emissions.
Based on current activity and historical data, ridership projections for the two new routes are 800
per day.
Previous Exoerlenee
The City of Chula Vista has been a transit operator for 25 years, with current daily ridership of
nearly 8,000 and annual ridership of well over two million. Our contractual agreements with San
Diego Transit provides us with experienced operations and maintenance personnel for a fleet of
31 buses.
~ will be involved in the demonstration project as systems analysts. They will install on-
board computers to gather data on efficiency and reliability of the vehicles.
The Advanced Energy Systems Division of Science Applications International Co~tion
(SAIC) has over twelve years experience in assisting utilities and manufacturers in assessing
various business opportunities for fuel cells.
SAIC has assisted the major U.S. fuel cell manufacturers in assessing these products, and have
performed market and business assessments for International Fuel Cells. M-C Power and
Engelhard Corporation. SAIC. worldng with Ballard Power Systems. designed, built, and
2
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AB2766 FUNDING REQUEST
- CHULA VISTA FUEL CELL BUS DEMONSTRATION-
demonstrated a proton exchange membrane (PEM) fuel cell powered city bus, SAIC's role in
this project was that of system integrator.
SAIC has also worked with many potential fuel cell customers including gas and electric utilities'
and industrial users, having performed comparative analyses, economic, application, marlcet, and
business assessments for San Diego Gas and Electric, Pacific Gas & Electric, Consolidated
Edison Company of New York, Inc., Southern California Edison, Southern California Gas Co"
Georgia Power Co., Virginia Power, IBM, and the Gas Research Institute (GRI). Their work on
a demonstration project similar to this one is detailed as Attachment E.
Ballard Power Svstems (Ballard), the developer and manufacturer of the hydrogen fuel cell
which will power the five buses, has over two years of operation with no history of incidents.
The bus fuel system is designed for safety, using approved cylinders very much like those for
CNG vehicles. The buses have roof-mounted storage, passive ventilation systems and built-in
detection devices in the very unlikely event of a gas leak. They have demonstrated practical
fueling operations in California, Ontario, and British Columbia.
Ballard is a small business with advanced fuel cell technology and expertise which makes them
the recognized world leader in proton exchange membrane fuel cells. Ballard is the only
company in the world with a commercial product line in large scale PEM fuel cell systems
ranging from S and 10 kW stand-alone power generators to a 120 kW propulsion system.
Ballard Power Systems is located in North Vancouver, British Columbia with the express
purpose of development of clean fuel cell power in transit and other applications.
Founded in 1979, Ballard has its roots in the development of electrochemical energy conversion
technology. Ballard Power Systems is the parent company of the Ballard Group. The company's
entire focus is on the development and commercialization of the Proton Exchange Membrane
(PEM) technology, and has incorporated this technology into Power Generator System products.
In early 1984, Ballard began a multi-year contract to develop PEM technology and to evaluate its
potential.
Ballard has developed a number of strategic relationships with major international corporations
and governments to integrate this technology into their products and operations. The plan calls
for the testing of fuel cell demonstration units, commercially targeted applications development,
and final product definition.
Major automotive manufacturers are working with Ballard for solutions for Electric Vehicles
(EVs) using PEM technology. Each of these firms have specific programs and goals for fuel cell
powered vehicles, with objectives to develop and implement the use of PEM for automotive
vehicles.
Ballard is under contract with General Motors on a program funded by the U.S. Depanment of
Energy (DOE) for a Methanol Fueled PEM Vehicle to be operational for field tests before 1996.
This research and development program for PEM systems for transportation applications consists
of multiple project phases. Key technologies encompass the PEM, the fuel processor/reformer,
and system engineering and integration of system components into the PEM Fuel Cell
Automobile Power Plant
The hydrogen vendor has yet to be determined, but interest in the project has been expressed by
Praxair, a firm which has over 3S years of merchant liquid hydrogen production. Liquid
hydrogen deliveries log over 10 million miles annually and are incident-free to date.
3
~Jb -If
AB2766 FUNDING REQUEST
_ CHULA VISTA FUEL CELL BUS DEMONSTRATION-
. ScooeofWork
The objectives of this project are: I) to build, test, commission, and deliver five 4O-foot PEM
Fuel Cell Buses for Chula Vista Transit; 2) to provide and support a turnkey hydrogen refueling
facility for Chula Vista; 3) to provide spare parts and components for the fuel cell systems; and,
4) to provide Technical Support to Chula Vista Transit during a two year period of fleet
demonstration of the PEM Fuel Cell Buses. The objectives of the project will be pursued
through the following work:
A. Bus Assembly
Review and design for the 4O-foot prototype to expedite producibility, plan the production of
and assemble, test and commission five fuel cell powered buses through the following
activities: .
System Design Review - review the detail design and as-built documentation of the 4O-foot
Prototype Bus and make those modifications necessary to expedite batch producibility of the
bus.
.
Bus System Fabricationllnstallation/Commission - build five buses, test them and prepare
them for delivery to Chula Vista Transit through: production planning, supplier liaison,
purchasing, material management, cost control, QA/QC, assembly, testing, commissioning,
pre-delivery checkout.
Engineering Support for Bus Fabrication/Installation/Commission - specialized design and
diagnostic engineering supervision and support to the bus assembly, e.g., design
clarifications, QA/QC validation, and change order approval.
B. Hydrogen Refueling FacUlty
Provide detailed design for facility to support five buses in daily operation, work with local
authorities to achieve permitting and installation of facility, and oversee installation and
commissioning of facility in preparation for operation by Chula Vista personnel. Provide
training for personnel. Supply hydrogen fuel to Chula Vista Transit for the 500,000 term of
Fuel Cell Bus Demonstration.
C. Spares
Provide and install spare components and equipment for fuel cell power plant, electric
traction drive and ancillary equipment for the 500,000 mile term of the demonstration.
Coach related items are covered by coach manufacturer wananty.
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AB2766 FUNDING REQUEST
- CHULA VISTA FUEL CELL BUS DEMONSTRATION -
D. Fleet Demonstration Support
Provide specialized technical support and performance analysis services to Chula Vista
Transit during fleet demonstration of the PEM Fuel Cell Buses through the following
activities:
Transit Liaison. Planning. Training - work with transit personnel to develop detailed plans
for the field demonstrations. including operating base. route selection. and fleet integration.
Prepare and deliver training on Fuel Cell Bus Systems operation and maintenance to transit
authority maintenance and operating personnel.
Equipment Maintenance. Repair. Replacement - provide on-site technical persoMel to
maintain and repair the Fuel Cell Power plant and propulsion system. Procure and install
necessary replacement parts of components for the Fuel Cell Power Plant. excluding normal
coach parts or components which are covered by manufacturer coach warranty.
Data Collection/Analysis - work with, Chula Vista Transit Authority to develop and
implement data collection methods needed to collect data from off-coach data sources. such
as maintenance records and refueling station. and to integrate Fuel Cell Bus performance and
maintenance data with comparable data from the conventional buses.
Engineering Support for Field Program - specialized engineering diagnostic support and on-
site trouble shooting support to on-site technical personnel on an emergency basis.
Deliverables
The program shall I) integrate and commission a group of five 40-foot fuel cell powered buses
for demonstration in Chula Vista; 2) provide on-site technical support and data services for the
fleet demonstration; 3) provide engineering diagnostic and trouble-shooting support to the fleet
demonstration on an as needed basis; and. 4) provide a hydrogen refueling facility for the
demonstration.
A. Bus Assembly
Systems Design Review - essential modifications for batch producibility.
Bus System Fabrication!Installation/Commission (Batches of 5 Buses) - production planning.
supplier liaison. purchasing. material management, cost control. QAlQC; assembly. testing.
commissioning. pre-delivery checkout.
Engineering Support for Bus Fabrication!Installation/Commission - design clarifications.
QAlQC validation. change order approval. ,
B. Turnkey Hydrogen Refueling FacDity
Facility specification and installation. training. customer support, fuel supply. and delivery.
C. Fuel Cell System Spares
PEM system. traction drive. and ancillary equipment.
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AB2766 FUNDING REQUEST
. CHULA VISTA FUEL CELL BUS DEMONSTRATION.
. D. Fleet Demonstration Support
On-Site Field Support - Chula Vista Transit liaison, planning, training, equipment
maintenance, repair, and replacement.
Data Collection! Analysis - detail test planning, data model, analysis software; operating/field
data acquisition, analysis, and reporting to funders.
Engineering Support for Field Program - diagnostics and trouble shooting as required,
prepare field results for integration into the system development. .
Schedule
The program shaJI 1) integrate and commission a group of five 4O-foot fuel cell powered buses
for demonstration in Chula Vista; 2) provide on-site technical support and data services for the
fleet demonstration on an as-needed basis; and, 3) provide a hydrogen refueling facility for the
demonstration.
A. Bus Assembly
Systems Design Review - 1 month
Start: Month 0 End: Month 1
.
Bus System Fabricationllnstallation!Commission (Batches of 5 Buses) - 12 months
Start: Month 2 End: Month 13
Engineering Support for Bus Fabricationllnstallation!Commission - 12 months
Start: Month 2 End: Month 13
B. Turnkey Hydrogen Refueling FacUity
Facility Specification and Installation - 12 months
Start: Month 1 End: Month 13
Training and Customer Support - 20 months
Start: Month 11 End: Month 31
Fuel Supply and Delivery - 18 months
Start: Month 13 End: Month 31
C. Fuel Cell System Spares
PEM System, Traction Drive. and Ancillary Equipment - 24 months
Start: Month 13 End: Month 31
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AB2766 FUNDING REQUEST
- CHULA VISTA FUEL CELL BUS DEMONSTRATION -
. D. Fleet Demonstration Support
On-Site Field Support - 20 months
Start: Month 11 End: Month 31
Data Collection/Analysis - 18 months
Start: Month 13 End: Month 31
Engineering Support for Field Program - 18 months
Start: Month 13 End: Month 31
Note: 1) Start means start at beginning of month X;
2) End means at end of month Y.
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AB2766 FUNDING REQUEST
. CHULA VISTA FUEL CELL BUS DEMONSTRATION.
Attachment A
1. New Service: Southwestern College to Olympic Training Center via East Lake
. Estimated One-Way VMT
. Estimated Daily Ridership
. Estimated VMT* (daily)
. Estimated Annual Ridership
. Estimated VMT (annual)
6
300
200
80,000
72,000
2. New Service: Additional service on Route 709 (Destination Served: H Street Trolley Station,
Chula Vista Center, Rancho del Rey, Southwestern College, and the Eastlake area including
Eastlake High School)
. Estimated One-Way VMT
. Estimated Daily Ridership
. Estimated VMT* (daily)
. Estimated Annual Ridership
. Estimated VMT (annual)
3. Replacement Service: 3 buses**
. Estimated One-Way VMT
. Estimated Daily Ridership
. Existing VMT (daily)
. Estimated Annual Ridership
. Existing VMT (annual)
11
500
217
100,000
56,000
Annual New VMT Subtotal
33
1,500
685
315,000
175,000
Total Daily Ridership
Total Daily VMT
Total Annual Ridership
Total Annual VMT
* Note: VMT = Vehicle Miles Traveled
** Note: These are 1984 Orion 6V92 Detroit diesel engines.
8
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128,000
2,300
1,102
495,000
303.000
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AB2766 FUNDING REQUEST
_ CHULA V.ISTA FUEL CELL BUS DEMONSTRATION -
Prooosed Budl!et (in millions)
Capital Costs
. 5 Zero Emission Vehic1es
Attachment D
7.0
Operating Costs
. Fuelfor 500,000 0.7
. Fuel Cell Spare Parts & Maintenance 1.4
. Program Management 0.9
- Coordination
- Data Collection/Analysis
- Field Support
Fundinl! Profile (in millions)
Agency/Organization
City of Chula Vista
SDO&E
APCD
Air Resource Board
California Energy Commission
Caltrans
Federal Transit Administration
Department of Energy
10.0
Dollar Amount
2
0.5
0.8
0.5- 1
1-3
1-3
1-3
1-3
CommittedlProposaJ Pending
Committed
proposed
proposed
proposed
proposed
proposed
proposed
proposed
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AB2766 FUNDING REQUEST
- CHULA VISTA FUEL CELL BUS DEMONSTRATION-
Attachment E
Fuel Cell Powered Transit Bus Demonstration - Phase I
Energy, Mines & Petroleum Resources, Province of British Columbia, Canadian Government
The purpose of the project is to demonstrate the feasibility of using solid polymer fuel cells in a.
hydrogen-powered electric drive system for an wban transit bus application.
The project team is Ballard Power Systems (Vancouver) and SAlC-Canada. Ballard, the prime
contractor, is the world leader in the development of solid polymer fuel cell technology and
builds 5 kW SPFC stacks. SAlC-Canada is the project manager and system integrator
responsible for system design, build, and test. A 120 kW propulsion power system has been
integrated, and a 200 kW system has been integrated. Technical challenges in the propulsion
system include designing and building and efficient air compression system, hydrogen
recirculation, reduction of parasitic loads, material selection for water purity, volume, weight,
and low-cost materials and component designs. Within the bus system integration, technical
challenges include fault-tolerant controls, axle loading, safety systems and design for reliability
and maintainability.
Fuel cell buses utilize hydrogen fuel and oxygen from the air to produce electrical power and
only on byproduct - pure water. All pollution creating exhausts are completely eliminated
resulting in a Zero Emission Vehicle. Urban buses are attractive first markets for new, clean
propulsion technology due to their heavy use in central wban areas and central garaging
facilities.
The main area of technical risk is in the stack integration itself. To limit program cost and
overall technical risk, this phase of the bus program uses a proven DC traction motor, carries
pure hydrogen in compressed gas bottles, requires about 25% of typical transit bus range, and
uses a smaller 30-foot transit bus. Subsequent phases of the program will work with
conventional 40-foot transit buses, and use hybrid fuel celllbattery power systems. They will
also integrate more advanced fuel storage technologies and electric drive systems and controls.
The brassboard power plant has been built and successfully tested. Full power was achieved at
an efficiency of 47%. The demonstration bus has been operating since January 1993. This is a
40-foot, 275 hp bus that is currently undergoing commissioning testing.
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AB2766 FUNDING REQUEST
. CHULA VISTA FUEL CELL BUS DEMONSTRATION.
.
CHULA VISTA FUEL CELL BUS
DEVELOPMENT & DEMONSTRATION PROJECT
SUPPLEMENTAL PROJECT DESCRIPTION
.
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1.0
1.1
1.2
2.0
2.1
2.2
2.3
3.0
3.1
. 3.2
4.0
4.1
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AB2766 FUNDING REQUEST
- CHULA VISTA FUEL CELL BUS DEMONSTRATION-
TABLE OF CONTENTS
0.0 Executive Summary 1""1"1.'1'___
... 1
Ul1l
~ ..
Rationale _____
1.2
n'_'lI
1 JII
Availability of Buses and Engines ..............................................................................:....... 2
Long Tenn Potential ........................................................................................................... 2
Technology _....__....II.II.........nntrtrnn.. 11__1' ......_ 1111111 III I I II ..3
Fuel Cells ............................................................................................................................ 3
Proton Exchange Membrane Fuel Cells ............................................................................. 3
Hydrogen as a Fuel .............................................................................................................. 3
The Project _______ nn____ 1 1 5
Overview ............................................................................................................................. 5
Detailed Description ........................................................................................................... 5
Financial Feasibility __."'1"""11'.'1'___"_______ II I " r ...... 8
Cost .................................................................................................................................... 8
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AB2766 FUNDIN~ REQUEST
. CHULA VISTA FUEL CELL BUS DEMONSTRATION.
. 0.0 Executive Summary
The City of Chula Vista proposes to undertake a 500,000 mile demonstration project to
further the commercial development and demonstrate the use in transit service of
approximately five (5) 4O-foot transit buses powered by Proton Exchange Membrane
(PEM) fuel cells. Fuel cells combine hydrogen and oxygen to form pure water, and an
intermediate step in this reaction produces electrons which constitute electric current
which, in turn, can run an on-board electric motor to propel the bus. PEM fuel cells
produce electricity using molecular hydrogen fuel and ambient air as a source of oxygen.
This is a truly "zero emission" power source. The cells operate at a relatively low
temperature, and because they use ambient air, they do not have to carry oxygen in tanks.
PEM-powered buses do not need to carry caustic or dangerous substances such as methanol
or phosphoric acid.
This technology has been developed by Ballard Power Systems, Inc., of Vancouver, B.C.,
working with Science Applications International Corporation (SAlC). a U.S. systems
integrator. They are outfitting New Flyer Industries, Ltd. (NFIL) low-floor buses with a
fuel cell drive train. Demonstration buses will be available in mid 1996.
.
The project budget is $10,000,000. Chula Vista requests $800,000 in FY95-96 AB2766
funds, and is pursuing other sources of funding for the remainder.
The initial cost of $1.4 million per bus is due largely to the very small production run.
Ballard and SAlC estimate that in commercial quantities their bus would cost
approximately 20% more than a diesel bus. However, diesel engines may not be available
in the future due to USEPA standards for tailpipe emissions, some of which diesel has not
yet been demonstrated to meet. Also, fuel cells have no moving parts and may offer
maintenance cost advantages which would make them cost-competitive on a life cycle
basis.
PEM technology, once commercialized, will also be attractive to operators of centrally
fueled fleets covered by the Clean Fuel Fleet Program created under the 1990 Clean Air
Act Amendments. In the long run, this technology can be adapted to passenger cars. If a
hydrogen fueling infrastructure is developed, PEM fuel cells would offer a viable
alternative to the internal combustion engine for most automotive applications.
Consideration should also be given to including large vehicle fleets in IEPA's emission
credit trading program to make zero-emission vehicles more cost-competitive.
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AB2766 FUNDING REQUEST
_ CHULA VISTA FUEL CELL BUS DEMONSTRATION-
1.0 Rationale
1.1 Availability of Buses and Engines
Chula Vista currently runs a fleet of over 30 buses powered by diesel engines. Although
current engines are dramatica1ly cleaner-ruMing than were their predecessors, they still
emit significant amounts of carbon monoxide (CO), oxides of nitrogen (NOx),
hydrocarbons (VOC), and particulate matter (PM) pollutants. USEPA's standards for
engine emissions (not found to be confused with the National Ambient Air Quality
Standards), call for progressively cleaner engines in the coming years. The tWo major
domestic manufacturers of heavy duty diesel engines (Detroit Diesel and Cummins) believe
they can comply with future HC and CO standards as they are currently set; NOx and
especially PM standards are less certain. Following the collapse in 1993 of efforts to
address PM through trap oxidizers, the diesel engine makers have been scrambling to
develop and perfect a new approach before the more stringent PM requirements take effect
for the 1996 model year. If they fail and requirements remain in effect, there may be no
diesel engines available.
1.2 Long Term Potential
A ZEV technology which powers a transit bus can also power medium and large trucks,
which have similar requirements for horsepower. torque. and responsiveness. Beyond this,
there is the potential to power the national inventory of light duty vehicles, including
passenger cars. This category has requirements which differ from heavy duty vehicles, but
a ZEV technology might be adaptable to this. If this could be done at a competitive price
and with adequate performance, mobile sources as a significant contributor to NAAQS
violations could eventually disappear.
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- CHULA VISTA FUEL CELL BUS DEMONSTRATION -
. 2.0 Technology
2.1 Fuel Cells
.
.
There is a viable alternative to the internal combustion engine: the fuel cell. Fuel cells
convert fuel directly into electricity by an electrochemical process. The fuel is not burned,
so there are no combustion by-products and efficiency is not limited by physical-
mechanical factors. Energy efficiency of 50% or more can realistically be achieved. More
importantly, when the fuel is pure hydrogen, the only by-products of the reaction are
electricity, heat, and pure water. -
The fuel cell, which converts the energy of a fuel into electricity, can become the modern
"engine" of electric vehicles - cost effective, efficient, and completely free of pollution.
By comparison, the battery is an electrochemical energy conversion device. It converts a
stored fuel directly into electricity. The battery is intrinsically efficient, silent, non-
polluting, and reliable. The battery suffers, however, in that the "fuel" is contained within
the battery case and is, therefore, limited. One cannot operate a battery continuously; it
must be replaced or recharged. The need to have an adequate range without recharging
results in a very heavy power source with a long (up to S hours) recharging time.
The fuel cell combines the advantages of both the diesel generator and the battery, while
eliminating the major drawbacks of each. The fuel cell is essentially the electrochemical
energy conversion device from the battery, engineered in such a way that it is continuously
refuelable, like the diesel generator. The fuel cell allows for the independent optimization
of power and total energy (i.e., range).
2.2 Proton Exchange Membrane Fuel Cells
The fuel cell technology to be used in this project is the "Proton Exchange Membrane" or
"PEM" fuel cell. This fuel cell uses a thin piece of special plastic which is rugged and
reliable. The plastic membrane allows current to flow in the fuel cell without the need for
high temperature or corrosive environments. It is the high temperature (>2500.C)
combustion process of the internal combustion engine which creates much of the exhaust
pollution. Contrast this with the low temperature (SO.C) electrochemical process of the
PEM fuel cell where the exhaust products are simply air and water vapor.
There is an emerging consensus that fuel cells offer the best solution to the environmental
problems posed by transportation vehicles, and that the PEM fuel cell is the only fuel cell
system which can provide the performance characteristics required in transportation
applications. This includes low operating temperature, use of ambient air (so the vehicle
need not carry tanks of pure oxygen), and use of a non-caustic fuel (hydrogen).
2.3 Hydrogen as a Fuel
The PEM fuel cell runs on pure molecular hydrogen (H2) and oxygen which it gets from
ambient air. For this project, liquid hydrogen would be delivered by truck to a fueling
facility to be located at Chula Vista's test garage. It would be stored in a cryogenic tank.
When needed, it would be pumped to an evaporator in which it would resume its gaseous
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AB2766 FUNDING REQUEST
. CHULA VISTA FUEL CELL BUS DEMONSTRATION.
.
state, in the process, building enough pressure to fuel buses without additional
compressors.
Any flammable material requires proper handling, and hydrogen is no exception. Everyone
has seen the film of the Hindenburg disaster in 1937. Hydrogen is flammable, but is
intrinsically no more dangerous than other fuels. Each year in the U.S., liquid hydrogen,
used in industrial processes is transported about 10 million truck miles by highway without
incident. Hydrogen has less combustion energy than a like volume of natural gas, and in
case of a tank leak, rises out of harms way faster than natural gas (let alone a heavier than
air gas like propane, or a liquid like gasoline or diesel fuel). Because the fuel cell is
approximately two to three times as efficient as an internal combustion engine (40-55%
efficiency vs. 15-25%), the total energy load carried on the vehicle is less than with other
fuels. Hydrogen is not toxic, unlike methanol, ethanol, gasoline, and diesel fuel.
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AB2766 FUNDING REQUEST
_ CHULA VISTA FUEL CELL BUS DEMONSTRATION -
. 3.0 The Project
3.1 Overview
.
Since 1993, Ballard and SAlC have shown an operating 32-foot "proof of concept" bus in
many North American locations. It has not spent much time in actual transit service
because it is always in demand as a marketing and public relations tool, but its performance
has validated the concept. The next step is to place a statistically viable number of 4O-foot
buses into actual transit service for enough time, and in varied conditions, to establish a
final design and refined cost figures for a production bus. Ballard hopes to be able to begin
commercial production in 1998.
The proposed project will place in Chula Vista Transit revenue service, approximately 5
PEM fuel cell buses to run for approximately 500,000 miles. This period should provide
adequate information about the bus, its layout, performance, and day-to-day requirements,
to permit a full evaluation.
Chula Vista Transit may wish to extend the test period to gain more long-term knowledge,
especially looking at structural and suspension problems (these buses are rather heavy,
similar to CNG buses), and longer-term performance of the fuel cells. The fuel cells have
no moving parts and may outlast the bus body. Chula Vista Transit must rebuild or replace
diesel engines every 500,000 miles during the nominal 12-year life of a bus. If the fuel
cells outlast the bus, it may be possible to buy the second-generation bus without the fuel
cells at a considerable savings and reuse the cells from the first bus. Chula Vista Transit
wishes to gain enough experience to come to a conclusion on these points, which may be
critical to a long-term commitment.
3.2 Detailed Description
Subject to further refinement, Ballard and SAlC in consultation with Chula Vista's Transit
Division of the Department of Public Works, have developed the following "Test Outline"
for this project:
~ _ The test program focuses on performance, cost and reliability of the fuel cell
engine, including air, fuel, cooling, electrical, control, and safety subsystems and ancillary
bus subsystems.
Chula Vista Transit also operates 1984 Orion 6V92 diesel powered buses and this program
will include comparative analysis of the energy efficiency, operating cost, and reliability of
these conventional coaches to the fuel cell powered buses.
Data Collection - Fuel cell system operating data will be automatically collected on-board
the bus by a Data Acquisition Computer (DAC). Real-time system monitoring data will
automatically be reduced to produce summary statistics and operating profiles. Data will
also be available for on-line display. Fueling and service information will be collected
from fueling and service activity logs.
Operating data will be downloaded from the DAC on a regular basis and integrated
into an ongoing field performance database. Key input and derived parameters in the
DAC system include:
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AB2766 FUNDING REQUEST
- CHULA VISTA FUEL CELL BUS DEMONSTRATION -
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. Total system output power
. Subsystem power allocations
. Air, fuel, and coolant pressures
. System and component temperatures
Fueling logs will use standardized forms to collect data on fuel delivered to the
storage tank, fuel loaded onto each bus, time taken to fuel the bus, and breakdowns of
fuel handling equipment in the fuel island.
Service activity logs will use standardized forms, including shop work orders, to
collect data on unscheduled and scheduled maintenance activity. Data to be collected
include the following:
Unscheduled Maintenance
. Datelmileagelrun-time event identifier
. Description of breakdown
. Location of breakdown
. Repair action and parts used
. Person-hours required
.
Scheduled Maintenance
. Datelmileagelrun-time event identifier
. Results of scheduled inspections
. Description of malfunctions (if any)
. Repair action and parts used (if any)
. Person-hours required
Fuel consumption. operating cost, and reliability data on the New Flyer H40LF
coaches will be obtained from standard Chula Vista Transit data sources. Where
necessary, data not available from standard sources will be collected using forms and
techniques adapted from those being applied to the fuel cell buses.
Unscheduled breakdowns. repairs. down time. and repair time that occur during
testing will be documented. Breakdowns will be classified using the four categories
below. Within each type, breakdowns will be further classified by the specific
subsystem or component that failed.
Type 1 - A malfunction that represents a potential crash situation and could lead
directly to passenger or driver injury.
Type 2 - A malfunction that results in test interruption because the bus cannot be
operated. Service is discontinued until the bus is repaired at the location of the
malfunction or is towed to the service workshop.
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- CHULA VISTA FUEL CELL BUS DEMONSTRATION -
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Type 3 - A malfunction that results in temporary interruption of testing, and the bus
must return (under its own power) to the service workshop for repair.
Type 4 - A malfunction that degrades bus operations but does not require immediate
removal of the bus from testing.
Analysis and Reportine- - On-site technical support personnel will assist Chula Vista
Transit with routine data transfer and trouble shoot data systems where necessary. On-site
technical personnel will carry out analysis work including data transfer and quality
assurance, database management, statistical profiling, analysis, and evaluation of
performance results and reporting.
Data from the DAC, fueling, and service logs will be transferred according to defmed
protocols, checked and confirmed for errors, and maintained in the field program database.
Summary operating statistics will be generated on a weekly basis and monthly reports
compiled.
Analysis of costs derived from service and fueling logs, together with system efficiency,
fuel consumption and subsystem performance statistics will be prepared monthly.
Interim reports will be prepared semiannually, with a major interim report prepared after
two years of field service. Formal presentation of interim reports will be made to the
program participants.
A final report will be prepared at the conclusion of the three year period and presented to
the program participants. The report will include overall results including technical
performance of systems. reliability and cost for components, and fuel consumption. A
major goal for the analysts will be to estimate life-time costs over a 12 to 20 year period.
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_ CHULA VISTA FUEL CELL BUS DEMONSTRATION -
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4.0 Financial Feasibility
4.1 Cost
The buses to be used in this project are estimated to cost $1.4 million each. Ballard
anticipates producing a total of 10 to 15 such buses for their two demonstration cities; this
accounts in large part for the high cost.
A crucial issue for Chula Vista Transit is whether this technology has the reasonable
potential to become cost-competitive on a life cycle basis. so a higher initial cost. can be
compensated for by lower operating and maintenance costs (for example, savings on engine
rebuilds as discussed previously). Despite these possibilities, an initial cost of $1.4 million
was obviously not practical, so at Chula Vista Transit's request, Ballard and SAlC
estimated how costs would decline as the technology is perfected and volume production
begins. They provided the following cost information (1995 $U.S.):
Initial Low Volume Med. Volume Hi Volume
lWn Prototvpe DcIIlll Production Production Production Prnduction
Bus Chassis 195,000 195,000 195,000 195,000 195,000 195,000
Fuel System 67,500 56,250 45,000 37,500 26,500 22,500
Fuel Cell Engine 1,695,000 976,250 457,500 221,250 117,188 61,875
Traction Drive 112,500 93,750 37,500 26,250 18,750 11.250
Control & DAC 93,750 75,000 0 0 0 0
Selling Price 2,163,750 1,396,250 735,000 480,000 357.188 290,625
. Energy
Recovery Option N/A N/A N/A 17,500 12.500 7,500
(regenerative breaking)
Compare this to the latest price for Chula Vista Transit diesel buses: $250,000, or $325,000
for CNG buses. In high volume production. Ballard estimates a fuel cell powered bus
would cost about $290,000. This is a significant premium, but is competitive with
alternative fuel vehicles which still pollute. Given that this is a true zero-emission engine,
and the possibilities that in the near future no diesel engines will be available, and that there
will be maintenance cost savings with this technology, this appears to Chula Vista Transit
to be the most viable non-diesel technology and to be worth vigorously pursuing. The
500,000 mile test. should answer the life cycle cost question.
.
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