HomeMy WebLinkAbout2006/10/17 Agenda Packet
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CllY OF
CHUlA VISfA
. Slephen C.
Patricia E_ Chavez, Counciln)ernber
John McCann, Councilrnernber
Jerry R. Rindone, Coullcilrnember
Steve Castaneda, COllllcilmember
Pad i lIa, Mayor
Ji11111101llS01l, Interim City Mdllager
Ann Moore, City Anorney
Susan Bigelow, City Clerk
October 17, 2006
6:00 P.M.
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
Office of the City Clerk and that I posted this
document on the bulletin board according to
Brown Act requirements. 276 Fourth Avenue
Dated 1*3,4 (, Signed/jj~ ~.
Council Chambers
City Hall
CALL TO ORDER
ROLL CALL: Councilmembers Castaneda, Chavez, McCann, Rindone, and Mayor Padilla
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATH OF OFFICE
Harriet Acton - Board of Ethics
· DID YOU KNOW...ABOUT THE CITY OF CHULA VISTA'S PEACE OFFICER
RECRUITING AND HIRING PROGRAM? Presented by Eric Farwell, Police Agent
and Irene Mosley, Human Resources Operations Manager.
CONSENT CALENDAR
(Items I through 8)
The Council will enact the Consent Calendar staff recommendations by one motion,
without discussion, unless a Councilmember, a member of the public, or City staff
requests that an item be removed for discussion. If you wish to speak on one of these
items, please jill out a "Request to Speak" form (available in the lobby) and submit it to
the City Clerk prior to the meeting. Items pulled from the Consent Calendar will be
discussed immediately following the Consent Calendar.
1. APPROVAL OF MINUTES of August 22, August 26, September 14, September 19,
September 25, and September 26, 2006.
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Memorandum from Councilmember Castaneda requesting an excused absence
from this meeting.
Recommendation: Council excuse the absence.
B. Memorandum from Councilmember Rindone requesting an excused absence from
the October 10, 2006 City Council meeting.
Recommendation: Council excuse the absence.
3. A. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030
OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN FRIENDSHIP PARK
(SECOND READING)
3. B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030
OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF
INDEPENDENCE PARK AND RANCHO DEL REY PARK (SECOND READING)
3. C. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.030
OF THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF
MEMORIAL PARK AND DISCOVERY P ARK(SECOND READING)
3. D. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 8.22.30 OF
THE MUNICIPAL CODE TO PROHIBIT SMOKING IN ANY PORTION OF ANY
CITY PARK NOT SPECIFICALLY DESIGNATED IN THIS SECTION (SECOND
READING)
Adoption of the ordinances prohibits smoking in City parks. These ordinances were
introduced on October 10, 2006. (Public Works Operations Director)
Staff recommendation: Council adopt ordinances 3A, 3C, and 3D, and continue
ordinance 3B to October 24, 2006.
4. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING FOR FILING THE FINAL ENGINEER'S REPORT FOR ASSESSMENT
DISTRICT 2005-1 (TOBIAS DRIVE)
4. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE DEFERRAL OF ASSESSMENTS AND ESTABLISHING THE
RATE OF INTEREST OF FIVE PERCENT PER YEAR AND THE FINANCING
PERIOD OF A MAXIMUM OF TEN YEARS APPLIED TO THE DEFERRALS FOR
ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE)
4. C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE PLACEMENT OF A LIEN ON THE ASSESSED PROPERTY
AT THE SAME TIME AND IN THE SAME MANNER AS OTHER CITY TAXES
ARE COLLECTED FOR ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE)
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October 17, 2006
Construction on Tobias Drive between Naples Street and Oxford Street is now complete.
Adoption of the resolutions accepts the filing of the Engineer's Report on the cost of
construction, the deferral of assessments and the establishment of the rate of interest and
financing period applied to the deferral of assessment, and authorizes the collection of the
assessments on the County tax roll. (General Services Director)
Staff recommendation: Council adopt the resolutions.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA, PCR SERVICES CORPORATION (CONSULTANT), AND MCMILLIN
OTAY RANCH, LLC (APPLICANT), RELATED TO PREPARATION OF AN
ENVIRONMENTAL IMPACT REPORT FOR THE EASTERN URBAN CENTER
SECTIONAL PLANNING AREA PLAN, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
McMillin Otay Ranch, LLC filed an application for the Eastern Urban Center Project.
The Enviromnental Review Coordinator determined that the proposed project requires the
preparation of an Enviromnental Impact Report (EIR). Adoption of the resolution
approves the proposed contract with PCR for an amount not to exceed $581,757.50, to
provide consultant services for the preparation of the EIR for the proposed project.
(Planning and Building Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AWARDING THE CONSULTANT AGREEMENT FOR EASTERN UNIVERSITY
DISTRICT TRANSIT PLAN TO IBI GROUP, AND AUTHORIZING THE MAYOR
TO EXECUTE THE AGREEMENT
The Eastern University District Plan will provide a conceptual transit-oriented plan and
designs for a critical 2,000-acre section of the master planned Otay Ranch community
with a rapid transit network linking Otay Ranch's town centers, a university campus, a
regional technology park, and other urban centers in the region. The Council previously
adopted resolutions to apply for, receive, and transfer grant funds from the State for this
project. Adoption of this resolution awards the consultant agreement to IBI Group.
(Planning and Building Director)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING REQUEST FROM THE CHULA VISTA HIGH SCHOOL BAND AND
PAGEANTRY CORPS AND THE CHULA VISTA SCHOOL FOR THE CREATIVE
AND PERFORMING ARTS TO CONDUCT THE ELEVENTH ANNUAL BAND
REVIEW, AUTHORIZING TEMPORARY STREET CLOSURES, AND WAIVING
CITY FEES FOR POLICE SERVICES
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October 17, 2006
The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula
Vista School for the Creative and Performing Arts, is requesting permission to conduct an
organized band review on Saturday, November 11, 2006, temporary street closure, and
waiver of Police service fees. Adoption of the resolution approves the request. (Police
Chief)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A GRANT OF UNIVERSALLY ACCESSIBLE PLAYGROUND
EQUIPMENT FROM KABOOM! FOR EUCALYPTUS PARK; AUTHORIZING THE
COMMITMENT OF MATCHING FUNDS THEREFOR; AND AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT BETWEEN KABOOM! AND THE CITY
OF CHULA VISTA
As part of a planned City project to make improvements to Eucalyptus Park during the
current fiscal year, the City applied for a grant of universally accessible playground
equipment for the park. The grant was awarded on October 6, 2006. If accepted, the
KaBOOM! organization will provide state-of-the-art playground equipment for two to
twelve-year-olds, to be installed by community and other volunteers in partnership with
Healthy Eating, Active Communities (HEAC) and the Center for Healthier Communities
for Children (CHCC) at Children's Hospital. (Public Works Operations Director).
Staff recommendation: Council adopt the resolution.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC COMMENTS
Persons speaking during Public Comments may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
ACTION ITEM
The Item listed in this section of the agenda is expected to elicit discussion and
deliberation. If you wish to speak on this item, please fill out a "Request to
Speak" form (available in the lobby) and submit it to the City Clerk prior to the
meeting.
7:00 p.m.
9. INTERVIEWS AND APPOINTMENT TO FILL ONE VACANCY ON THE PARKS
AND RECREATION COMMISSION
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October 17, 2006
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
II. MAYOR'S REPORTS
Consideration of Council's support of Proposition 86. (Continued from October 10,
2006)
12. COUNCIL COMMENTS
Councilmember Chavez:
A. Referral to the Public Safety Committee to analyze the current speed bump policy
and the new speed cushions in use by other cities.
B. Consideration of participation by Youth Commissioners in City Council Meetings
to encourage youth involvement in civic matters.
CLOSED SESSION
Announcements of actions taken in Closed Session shall be made available by
noon on Wednesday following the Council Meeting at the City Attorney's office in
accordance with the Ralph M Brown Act (Government Code 54957. 7).
13. CONFERENCE WITH LEGAL COUNSEL REGARDING EXISTING LITIGATION
PURSUANT TO GOVERNMENT CODE SECTION 54956.9(a)
A. Reyes v. City ofChula Vista (USDC 05 CV 2309)
B. Gechter v. City ofChula Vista (GIS22609)
C. Sidock v. City ofChula Vista (GIS 15970)
D. In Re: The Environmental Trust (USBC # 05-02321-LAII)
14. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(c)
One Case
15. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
One Case
ADJOURNMENT to the Regular Meeting on October 24, 2006, 2006 at 6:00 p.m. in the
Council Chambers.
Page 5 - Council Agenda
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October 17, 2006
In compliance with the
AMERICANS WITH DISABILITIES ACT
The City of Chula Vista requests individuals who require special accommodations to access,
attend, and/or participate in a City meeting, activity, or service request such accommodation at
least forty-eight hours in advance for meetings and five days for scheduled services and
activities. Please contact the City Clerk for specific information at (619) 691-5041 or
Telecommunications Devicesfor the Deaf(TDD) at (619) 585-5655. California Relay Service is
also available for the hearing impaired.
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October 17,2006
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
August 22, 2006
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 16
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Padilla
ABSENT: Counci1members: None.
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATHS OF OFFICE:
Manny Ramirez, International Friendship Commission
Elizabeth Scott, Charter Review Commission
Pat Moriarty, Human Relations Commission
Ricardo Macias, Resource Conservation Commission
Jeremy Hogan, M.D., Design Review Commission
Sonny Chandler, Commission on Aging
Elroy Kihano, Veterans' Advisory Commission
Stephen Sprenkle, Veterans' Advisory Commission
Karina Kay Corrales, Youth Advisory Commission
City Clerk Bigelow administered the oaths of office, and Deputy Mayor McCann presented the
certificates of appointment.
· PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO ROBERT
WHITE, 2006 VETERAN OF THE YEAR
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. White.
· PRESENTATION BY ED VAN EENOO BUDGET AND ANALYSIS DIRECTOR OF
RESULTS FROM THE NATIONAL RESEARCH CENTER CITIZEN SURVEY
This item was continued to September 19, 2006.
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DRAFT
SPECIAL ORDERS OF THE DAY (continued)
· DID YOU KNOW...THAT THE CHULA VISTA POLICE DEPARTMENT HAS
TWENTY SCHOOL RESOURCE OFFICERS DEDICATED TO FIFTY-THREE
SCHOOLS IN CHULA VISTA? Presented by Leonard Miranda, Police Captain.
Captain Miranda provided a presentation on the school resource .officer program in Chula Vista.
CONSENT CALENDAR
(Items I through 22)
Mayor Padilla stated that staff had requested Items 13A and 13B be pulled from the agenda
indefinitely. Councilmember Castaneda requested that Item 7 be pulled from the Consent
Calendar for discussion. He also stated that he would abstain from voting on Item 21 due to the
proximity of property in which he has an interest to the District. Councilmember Chavez asked
that Item 11 be pulled from the Consent Calendar for discussion. Councilmember Rindone
stated he would abstain from voting on Item II to eliminate any appearance of a potential
conflict of interest. Deputy Mayor McCann stated that he would abstain from voting on Item 19,
as he owns property within 500 feet of the subject property.
1. APPROVAL OF MINUTES of the Special Meetings of June 13, June 20, and the
Regular Meetings of July II and July 25, 2006 (Continued from August 8, 2006).
Staff recommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Memorandum from Councilmember Rindone requesting excused absences from
the City Council meetings of July 25 and August 1,2006 (Continued from August
8, 2006).
Staff recommendation: Council excuse the absences.
B. Memorandum from Councilmember McCann requesting an excused absence from
the City Council meeting of August 8, 2006.
Staff recommendation: Council excuse the absence.
3. ORDINANCE NO. 3041, ORDINANCE OF THE CITY OF CHULA VISTA
AMENDING MUNICIPAL CODE 15.20 AND ESTABLISHING MUNICIPAL CODE
5.39 REQUIRING HOTELS AND MOTELS TO HAVE A PERMIT TO OPERATE
(SECOND READING)
Adoption of the ordinance requires hotels/motels to obtain and post an annual permit to
operate before renting rooms. This ordinance was introduced on August 8, 2006.
(Acting Director of Community Development, Finance Director, Fire Chief, Planning and
Building Director, Police Chief)
Staffrecommendation: Council adopt the ordinance.
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August 22, 2006
DRAFT
CONSENT CALENDAR (continued)
4. RESOLUTION NO. 2006-256, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $50,000 FROM THE AVAILABLE
BALANCE OF THE GENERAL FUND TO THE CITY CLERK SERVICES &
SUPPLIES BUDGET TO FUND UNANTICIPATED SERVICES OF THE
REGISTRAR OF VOTERS FOR INCLUSION' ON THE BALLOT OF TWO
PROPOSED CHARTER AMENDMENTS TO I:lE SUBMITTED TO THE
ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON
NOVEMBER 7, 2006 (4/5THS VOTE REQUIRED; Continued from August 8, 2006)
On August 8, 2006, the Council adopted a resolution placing two proposed Charter
amendments on the ballot for the November 7, 2006 Special Municipal Election. At that
meeting, the resolution appropriating funds to the City Clerk's supplies and services
budget to cover the Registrar's estimated costs for the placement of the measures on the
ballot was continued to August 22, because adoption of the resolution requires a four-
fifths vote, and only three Councilmembers were present. (City Clerk)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2006-257, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE CITY ENGINEER TO ISSUE
ENCROACHMENT PERMIT NO. PE-704 FOR THE INSTALLATION OF A
MONUMENT SIGN AND A RETAINING WALL PROPOSED TO BE
CONSTRUCTED WITHIN THE EXISTING BIRCH ROAD GENERAL UTILITY
EASEMENT
The Town Center shopping center project is generally located at the northwest comer of
Eastlake Parkway and Birch road, and will consist of major department stores and smaller
commercial vendors sharing the site. General Growth Properties, owner of the project, is
proposing to construct a monument sign and a retaining wall within the City's right-of-
way. (Acting Engineering Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO, 2006-258, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND CANYON GATEWAY PLAZA, LLC, REGARDING
INSTALLATION AND MAINTENANCE OF LANDSCAPING AND UTILITIES
NECESSARY FOR THE COMPLETION OF THE TELEGRAPH CANYON ROAD/I-
805 INTERCHANGE PROJECT (CY-102)
The Telegraph CanyonlI-805 Interchange Project (CY-I02) is nearing completion. The
only remaining work to be done is the installation of new landscaping and related
improvements along the frontage of the Canyon Plaza Shopping Center. This landscape
work is being done to replace landscaping removed during the reconstruction of the
Telegraph Creek Charmel and the widening of Telegraph Canyon Road. (Acting
Engineering Director)
Staff recommendation: Council adopt the resolution.
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August 22, 2006
CONSENT CALENDAR (continued)
DRAFT
7. This item was removed from the Consent Calendar for discussion.
8. RESOLUTION NO. 2006-259, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING FINAL REVISIONS TO THE
MEMORANDUM OF UNDERSTANDING BEtwEEN THE CITY OF CHULA
VISTA AND THE CHULA VISTA POLICE OFFICERS ASSOCIATION
The City of Chula Vista Police Officers Association (POA) requested to revisit some of
the language changes made in the July 1, 2005 - June 30, 2010 Memorandum of
Understanding (MOU). Members of the City Management Negotiations Team and the
POA Negotiations Team met and conferred and have reached agreement on the final
MOU language. (Human Resources Director)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2006-260, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE FORMAL CONSULTANT SELECTION
PROCESS AND APPROVING AN AGREEMENT WITH THE CENTRE FOR
ORGANIZATION EFFECTIVENESS FOR STAFF PROFESSIONAL
DEVELOPMENT CONSULTANT SERVICES, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
Adoption of the resolution approves an agreement with The Centre for professional staff
development consultant services. The recommendation for waiving the consultant
selection process is based on The Centre's qualifications and experience, knowledge of
the City, consistency in training, and their exemplary work performance on previous
Supervisor and Executive Leadership Academies. (Human Resources Director)
Staff recommendation: Council adopt the resolution.
10. RESOLUTION NO. 2006-261, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING FUNDS BASED UPON
UNANTICIPATED REVENUES TO REIMBURSE THE POLICE DEPARTMENT
FOR SPECIAL EVENT SERVICES FOR THE SEVENTH ANNUAL OTAY RANCH
DAY ON SEPTEMBER 16, 2006 (4/5THS VOTE REQUIRED; Continued from August
8, 2006)
On August 8, 2006, the Council approved the Otay Ranch Company's request for
temporary street closure on East Palomar for the seventh Annual Otay Ranch Day from
noon to 4:30 p.m. on Saturday, September 16, 2006. Because there were only three
Councilmembers present during the August 8th, 2006 City Council meeting, the
appropriation portion of Resolution 2006-247 was removed and rescheduled for the
August 22, 2006 Council meeting. Adoption of this resolution appropriates funds to the
Fiscal Year 2007 Police Department Personnel Services budget for overtime related to
police support of the event. (Communications Director)
Staff recommendation: Council adopt the resolution.
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August 22, 2006
DRAFT
CONSENT CALENDAR (continued)
11. This item was removed from the Consent Calendar for discussion.
12. RESOLUTION NO. 2006-263, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AFFORDABLE HOUSING
REGULATORY AGREEMENT RELATED TO R-19, OTAY RANCH VILLAGE
ELEVEN, BETWEEN THE CITY AND BROOKFIELD SHEA OTAY, LLC, AND
AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
The developer, Brookfield Shea Otay, LLC, desires to satisfy its affordable housing
obligation through a for-sale project located in the R-19 neighborhood in Otay Ranch
Village Eleven. Adoption of the resolution approves the affordable housing agreement.
(Acting Community Development Director)
Staff recommendation: Council adopt the resolution.
13. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FINAL MAP OF CHULA VISTA TRACT NO. 01-11, OTAY
RANCH VILLAGE 11, NEIGHBORHOODS MU-l AND R-19, ACKNOWLEDGING
THE IRREVOCABLE OFFER OF DEDICATION OF FEE INTEREST GRANTED ON
SAID MAP; AND ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA
THE VARIOUS PUBLIC EASEMENTS AS GRANTED ON SAID MAP
13. B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING AN ENCROACHMENT AGREEMENT PE-702 FOR VARIOUS
LOCATIONS WITHIN CHULA VISTA TRACT NO. 01-11, OTAY RANCH
VILLAGE 11, NEIGHBORHOODS MU-l AND R-19
Adoption of the resolutions approves both a final map and an encroachment permit for
Neighborhoods MU-l and R-19, a subdivision of Otay Ranch Village II.
Neighborhoods MU-l and R-19 consist of residential condominiums, mixed-use and
commercial acres on three lots with three open space lots (lots A, B & C) along Eastlake
Parkway. This item is related to Item No. 12 on this agenda, and approval of the
affordable housing agreement with Brookfield Shea Otay, LLC is necessary in order to
approve the final map. (Acting Engineering Director)
Staff recommendation: This item be removed from the agenda indefinitely.
14. A. RESOLUTION NO. 2006-264, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING
CHANGE ORDERS WITH KOCH-ARMSTRONG GENERAL ENGINEERING, INC.
TO COMPLETE THE "PAVEMENT REHABILITATION PROGRAM FISCAL YEAR
2004/2005 OVERLAY IN THE CITY OF CHULA VISTA, CALIFORNIA" PROJECT,
A COMPONENT OF THE 2005 PAVEMENT REHABILITATION PROJECT (STL-
310)
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August 22, 2006
DRAFT
CONSENT CALENDAR (continued)
14. B. RESOLUTION NO. 2006-265, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA RATIFYING CITY STAFF'S ACTION ON APPROVING
CHANGE ORDERS WITH AMERICAN ASPHALT SOUTH, INC. TO COMPLETE
THE "SLURRY/CHIP SEAL PAVEMENT REHABILITATION FISCAL YEAR
2004/2005 IN THE CITY OF CHULA VISTA,. CALIFORNIA" PROJECT, A
COMPONENT OF THE 2005 PAVEMENT REHABILtr A TION PROJECT (STL-31 0)
During the course of construction, unforeseen circumstances caused an increase in
quantities for the overlay project beyond what was anticipated during the preparation of
the project specifications, which resulted in a change order that exceeds the Director of
Public Works' authorized limits. Adoption of the resolutions ratifies staff's action of
approving the change orders for these projects. (General Services Director)
Staff recommendation: Council adopt the resolutions.
15. A. RESOLUTION NO. 2006-266, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A REIMBURSEMENT REGARDING THE
SALT CREEK RECREATION FACILITY FROM RUDOLPH AND SLETTEN IN THE
AMOUNT OF $6,050, AND APPROPRIATING THE FUNDS TO CAPITAL
IMPROVEMENT PROJECT PR271, SALT CREEK RECREATION FACILITY
(4/5THS VOTE REQUIRED)
15. B. RESOLUTION NO. 2006-267, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A REIMBURSEMENT REGARDING
MINOR CAPITAL IMPROVEMENTS FROM THE SOUTH BAY LITTLE LEAGUE
IN THE AMOUNT OF $19,604.80, AND APPROPRIATING THE FUNDS TO
CAPITAL IMPROVEMENT PROJECT GG175, C&R MINOR CAPITAL (4/5THS
VOTE REQUIRED) .
The General Services Department received two separate reimbursements for work related
to two Capital Improvement projects. Staff is recommending that the reimbursements be
appropriated to the projects from which the expenditure originally occurred. (General
Services Director)
Staff recommendation: Council adopt the resolutions.
16. RESOLUTION NO. 2006-268, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AGREEMENT WITH THE CITY OF
LEMON GROVE FOR ANIMAL CONTROL SERVICES
Chula Vista has provided animal control services to Lemon Grove since 1995. The
existing agreement expired on June 30, 2005. Adoption of the resolution approves a new
three-year animal control agreement with an option to extend administratively for two
additional years upon mutual consent. (General Services Director)
Staff recommendation: Council adopt the resolution.
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August 22, 2006
DRAFT
CONSENT CALENDAR (continued)
17. RESOLUTION NO. 2006-269, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE COUNTY OF SAN DIEGO GRAND
JURY REPORT ON FELONY WARRANTS, AND AUTHORIZING THE MAYOR TO
SIGN THE RESPONSE ON BEHALF OF THE MAYOR AND CITY COUNCIL
On June 1, 2006, the San Diego County Grand Jury filed a report entitled, "Felony
Warrants - The Unsolved Problem" with the Clerk of the Court. The Grand Jury made
seven specific recommendations directed in part to all Mayors, the County Board of
Supervisors, Chiefs, and the Sheriff in San Diego County. Under State law, the City of
Chula Vista and the Chief of Police must respond within 90 days to the recommendations
contained in the Grand Jury report. (Police Chief)
Staff recommendation: Council adopt the resolution.
18. RESOLUTION NO. 2006-270, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING CONDITIONAL TEMPORARY
CLOSURE OF A PORTION OF RANCHO DEL REY P ARKW A Y ON SEPTEMBER 9
AND 10,2006, FOR THE ORANGE CRATE DERBY
The Bonita Orange Crate Derby Committee of the Bonita Valley Lions Club requested
permission for temporary street closure on Rancho Del Rey Parkway on September 9 and
10, 2006 to conduct its 27th Annual Orange Crate Derby. (police Chief)
Staff recommendation: Council adopt the resolution.
19. RESOLUTION NO. 2006-271, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE APPLICATION, AND IF
AWARDED, ACCEPTANCE OF A RECREATIONAL TRAILS PROGRAM GRANT
FROM THE STATE OF CALIFORNIA FOR REHABILITATION OF ROHR PARK
RECREATIONAL TRAIL; AUTHORIZING THE COMMITMENT OF MATCHING
FUNDS THEREFOR; AND AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO EXECUTE ALL GRANT DOCUMENTS NECESSARY TO
IMPLEMENT THE APPROVED PROJECT
As part of the City's ongoing commitment to provide safe and accessible recreational
facilities to residents, Public Works Operations (Parks & Open Space) plans to
rehabilitate several sections of Rohr Park Recreational Trail for pedestrian and equestrian
use. To help fund the project, staff proposes to apply for federal Recreational Trails
Program grant funding from the California Department of Parks and Recreation. If
awarded, the funds will become available in Fiscal Year 2007/2008. (Public Works
Operations)
Staff recommendation: Council adopt the resolution.
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August 22, 2006
DRAFT
CONSENT CALENDAR (continued)
20. RESOLUTION NO. 2006-272, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE SUBMITTAL OF GRANT
APPLICATIONS TO THE CALIFORNIA INTEGRATED WASTE MANAGEMENT
BOARD (CIWMB) FOR ALL AVAILABLE CIWMB TIRE-RELATED GRANTS
DURING THE FNE-YEAR PERIOD ENDING JUNE 30, 2011; AND AUTHORIZING
THE CITY MANAGER OR HIS DESIGNEE 'FO EXECUTE ALL GRANT
DOCUMENTS NECESSARY TO SECURE LOCAL GOVERNMENT TIRE-
RELATED GRANT FUNDS AND IMPLEMENT THE APPROVED GRANT
PROJECTS
In keeping with the City's policy to support the use of products manufactured with post-
consumer recycled material, staff plans to dress city-owned landscaped facilities with a
durable mulch product made from waste tire products. Adoption of the resolution allows
staff to apply for a Tire-Derived Products Program Grant from the State of California to
offset project costs. The resolution further authorizes application to any of California
Integrated Waste Management Board's grant programs for a period of five years. (Public
Works Operations Director)
Staff recommendation: Council adopt the resolution.
21. RESOLUTION NO. 2006-273, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2007 BUDGET BY
APPROPRIATING $33,486 FROM OPEN SPACE DISTRICT 20, ZONE 5, AND
OPEN SPACE DISTRICT 8 FUNDS; AWARDING A LANDSCAPE MAINTENANCE
CONTRACT PER THE TERMS AND CONDITIONS OF BID NO. 01-04/05 TO
AZTEC LANDSCAPING IN THE AMOUNT OF $242,378.24 FOR THE PERIOD OF
SEPTEMBER I, 2006 THROUGH JUNE 30, 2007, FOR THE LANDSCAPE
MAINTENANCE OF OPEN SPACE DISTRICT 20, ZONE 5, AND OPEN SPACE
DISTRICT 8; AND AUTHORIZING THE PURCHASING AGENT TO RENEW THE
AGREEMENT FOR FOUR (4) ADDITIONAL, ONE-YEAR OPTION PERIODS
The current landscape maintenance contractor for Open Space Districts 8 and 20, Zone 5
is in default of its landscape maintenance contract. As a result, the second lowest bidder
is being awarded the landscape maintenance contract for these open space areas, which
represents an increase of $33,486 over the lowest bid. (Public Works Operations
Director)
Staff recommendation: Council adopt the resolution.
22. RESOLUTION NO. 2006-274, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A SECOND AMENDMENT TO THE
AGREEMENT BETWEEN THE COUNTY OF SAN DIEGO AND THE CITY OF
CHULA VISTA REGARDING JURISDICTION OVER AND OPERATION OF THE
OTA Y LANDFILL
The agreement between the County of San Diego and the City of Chula Vista regarding
jurisdiction over and operation of the Otay Landfill contains certain provisions requiring
the County to participate in the City's approval of General Plan Amendments affecting
the landfill buffer area. The City and County agree these provisions should be removed.
(City Attorney)
Staff recommendation: Council adopt the resolution.
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DRAFT
CONSENT CALENDAR (continued)
ACTION:
Mayor Padilla noted that Item 13 was removed from the agenda, and he offered
Consent Calendar Items 1 through 6 and 8 through 10, 12, and 14 through 22,
headings read, text waived. The motion carried 5-0, except for Item 19, which
carried 4-0-1 with Deputy Mayor McCann abstaining as he owns property within
500 feet of the subj ect property; and Item 21, which carried 4-0-1 with
Councilmember Castaneda abstaining due to the proximity of property in which
he has an interest to the district.
ITEMS REMOVED FROM THE CONSENT CALENDAR
7. A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE CREATION OF AN EDUCATIONAL SERVICES MANAGER
CLASSIFICATION IN THE UNCLASSIFIED SERVICE, SENIOR MANAGER
GROUP
7. B. ORDINANCE OF THE CITY OF CHULA VISTA AMENDING CHULA VISTA
MUNICIPAL CODE SECTION 2.05.010 RELATING TO THE ESTABLISHMENT OF
UNCLASSIFIED POSITIONS TO ADD THE POSITION OF EDUCATIONAL
SERVICES MANAGER (4/5THS VOTE REQUIRED
Since the Educational Services Division of the Library Department was created in 1999,
the after school program budget has grown from $539,000 to approximately $2.1 million
per year. STRETCH and DASH are now provided at 32 elementary school sites in Chula
Vista. Later this fall. the program will grow even larger when new after school funds are
released by the state. Because of the program's complexity and the Education Services
Manager's scope of responsibility, it is recommended that the position be moved from the
Middle Management Group to the Senior Manager Group. Chula Vista City Charter
section 500 requires that all unclassified positions not mentioned specifically in Charter
section 500 be adopted by Ordinance. (Assistant City Manager Palmer, Human
Resources Director)
Staff recommendation: Council adopt the resolution and place the ordinance on first
reading.
Acting City Manager Thomson requested that Items 7 A and 7B be removed from the agenda.
No action was taken by the Council.
11. RESOLUTION NO. 2006-262, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $27,000 AND CONTRIBUTING SAID
FUNDS TO THE SAN DIEGO FIRE RESCUE FOUNDATION FOR THE PURCHASE
OF AUTOMATIC EXTERNAL DEFffiRlLLATORS TO BE PLACED IN CHULA
VISTA SCHOOLS (4/5THS VOTE REQUIRED)
The City of Chula Vista has been requested by County Board of Supervisor Greg Cox's
office to contribute $27,000 to the San Diego Fire and Rescue Foundation in order to help
fund the cost of automatic external defibrillators (AEDs) for placement in South Bay
Schools. County of San Diego Supervisor Greg Cox's office is facilitating this project on
behalf of South Bay residents. (Fire Chief)
Staff recommendation:
Council adopt the resolution.
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ITEMS REMOVED FROM THE CONSENT CALENDAR (continued)
ACTION:
Councilmember Chavez offered Resolution No. 2006-262, heading read, text
waived. The motion carried 4-0-1 with Councilmember Rindone abstaining to
eliminate any appearance of a potential conflict of interest.
PUBLIC COMMENTS
Lisa Moctezuma, representing the Third Avenue Business Association, provided the Council
with a packet of information pertaining to the Urban Core Specific Plan, including a letter in
support from the association, statements regarding parking, and copies of cards collected from
citizens with comments on the plan.
Susan Woolsey, representing concerned citizens in her neighborhood, requested Council
assistance in removing and relocating wild animals from the neighborhood to appropriate
habitats; and requested notification of any actions taken by the City so that she, in turn, could
notify her neighbors.
Sandy Duncan expressed concerns with what she perceived to be inhumane treatment of the Jade
Bay mobilehome park residents, and requested Council consideration of keeping the mobilehome
park zoning in the Urban Core Specific Plan until the residents could be protected. Mayor
Padilla reported that he received a memorandum from staff recommending that the mobilehome
park zoning be retained until the ordinance could be amended to build in protection for
mobilehome park residents.
At 7:21 p.m., Mayor Padilla recessed the Council meeting to convene the Redevelopment
Agency meeting. The Council meeting reconvened at 7:24 p.m. with all members present.
PUBLIC HEARINGS
23. CONSIDERATION OF THE FISCAL YEAR 2006/2007 LEVY OF ASSESSMENTS
AND COLLECTION AGAINST THOSE ASSESSMENTS FOR CITY OPEN SPACE
DISTRICT 20
The City administers and maintains 36 open space districts and associated zones that
have been established over the last 30 years. The districts provide a financing
mechanism to maintain the public open space areas associated with each particular
development. The levy of an annual assessment for Fiscal Year 2006/2007 enables the
City to provide these ongoing services. Adoption of the following resolution approves
the levy of the assessment and collectibles for Open Space District 20. (Acting
Engineering Director)
Notice of the hearing was given in accordance with legal requirements, and the hearings were
held on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing.
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DRAFT
PUBLIC HEARINGS (continued)
Councilmembers Castaneda and Chavez stated that they would abstain from discussion and
voting on this item due to the proximity of properties in which they have an interest to the
district. They then left the dais.
There being no members of the public who wished to speak, Mayor Padilla closed the public
hearing.
ACTION:
Councilmember Castaneda offered Resolution No. 2006-275, heading read, text
waived:
RESOLUTION NO. 2006-275, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA LEVYING THE
ASSESSMENTS AND COLLECTIBLES FOR OPEN SPACE
DISTRICT 20
The motion carried 3-0-2, with Councilmembers Castaneda and Chavez
abstaining due to the proximity of properties in which they have an interest to the
district.
Councilmember Castaneda returned to the dais at this time.
ACTION ITEMS
24. REPORT ON THE EXECUTIVE SEARCH PROCESS FOR THE CITY MANAGER
BY BOB MURRAY OF BOB MURRAY AND ASSOCIATES
The City has contracted with Bob Murray and Associates to conduct an executive search
for the next City Manager. Mr. Murray will speak to the Council regarding issues and
recommendations related to the executive search, and seek Council input regarding those
issues. Mr. Murray will report back to Council once he is prepared to recommend a
group of finalists for the position. (Human Resources Director)
ACTION:
Mayor Padilla moved to continue the item to a special meeting on Saturday,
August 26, 2006 at a time to be determined by the City Manager after
confirmation with Mr. Murray. Deputy Mayor McCann seconded the motion, and
it carried 4-0 with Councilmember Chavez away from the dais.
25. SELECTION OF APPLICANTS TO BE INTERVIEWED FOR APPOINTMENT AS
PORT COMMISSIONER
At its August 8, 2006 meeting, the City Council accepted Port Commissioner Bill Hall's
resignation and approved an appointment process for selecting a new Port Commissioner.
The new Port Commissioner will serve for the balance of the current term, which expires
on January 2,2007, and will be eligible to apply for a full term at that time. (Interim City
Manager Thomson)
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DRAFT
ACTION ITEMS (Continued)
ACTION:
Councilmernber Castaneda moved to extend the application period for 10 days.
Mayor Padilla seconded the motion, and it carried 5-0.
Councilmember Castaneda asked Assistant City Manager Thomson to communicate with the
Port District to determine if any items pertaining to the Port property within the City of Chula
Vista could be continued or if the City could submit a communication of preference on the items
under consideration. Mayor Padilla stated he would work with the City Manager and the Port
District. Mayor Padilla requested a report back from the City Attorney as to whether an interim
appointment could be made until a Port Commissioner is selected.
26. REPORT ON REQUESTS BY THE ROLLING HILLS RANCH COMMUNITY
ASSOCIATION AND RESIDENTS TO AMEND THE TRUCK ROUTE
DESIGNATIONS ON LANE A VENUE, PROCTOR V ALLEY ROAD AND HUNTE
PARKWAY
Due to new major roadways in the eastern part of the City, there was a need to update the
City's truck routes per Chapter 10.64 (Truck Routes) of the Chula Vista Municipal Code.
On March 21, 2006, Ordinance 3033 was placed on first reading, and on March 28, 2006,
the ordinance was adopted, thereby amending Ordinance 2482, dated 1991. Residents
have expressed concerns about truck route designations on Lane A venue, Proctor Valley
Road and Hunte Parkway. (Acting Engineering Director)
ACTION:
Mayor Padilla moved to continue the item to September 19, 2006. Deputy Mayor
McCarm seconded the motion, and it carried 5-0.
Councilmember Rindone requested that the item be placed on the agenda immediately following
the Consent Calendar at that meeting.
27. STATUS REPORT ON THE MAJOR INTERSECTION SAFETY PROGRAM
ALLOWING THE CITY COUNCIL TO PROVIDE POLICY DIRECTION
REGARDING THE POTENTIAL USE OF RED LIGHT CAMERA ENFORCEMENT
IN THE CITY (Continued from August 8, 2006)
In 2005, the Neighborhood Traffic & Pedestrian Safety Program was created in order to
focus on neighborhood traffic calming, major intersection safety and pedestrian and
bicyclist safety. The importance of this effort was underscored by the results of the 2005
Chula Vista Police Department Resident Opinion Survey, which indicated that four of the
five top areas of concern for our residents were traffic related. This item provides a
status update on program efforts in this area and provides the opportunity for the City
Council to have a policy discussion regarding the potential use of red light camera
enforcement in our city. (Acting Engineering Director)
ACTION:
Mayor Padilla moved to continue this item to September 19, 2006.
Councilmember Castaneda seconded the motion, and it carried 5-0.
28. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE PARK MASTER PLAN FOR THE 7.6 ACRE PUBLIC
NEIGHBORHOOD PARK SITE IN THE OTAY RANCH VILLAGE 7 SUBDIVISION
AND APPROVING THE NAME OF THE PARK TO BE ALL SEASONS PARK
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DRAFT
ACTION ITEMS (continued)
The proposed park is located south of Birch Road, west of SR-125, east of La Media
Road, and within the Otay Ranch Village Seven subdivision. The park site shares
boundaries with an elementary school site, Wolf Canyon open space, Magdalena Avenue
and Wolf Canyon loop. The Village greenway trail, running along the northern boundary
of the park site, links the park to the future Eastern Urban Center to the east and the
future Otay Ranch 70-acre community park to the west, as well as the City's greenbelt
trail system. (General Services Director)
ACTION:
Mayor Padilla moved to continue the item to September 19, 2006. Deputy Mayor
McCann seconded the motion, and it carried 5-0.
OTHER BUSINESS
29. CITY MANAGER'S REPORTS
There were none.
30. MAYOR'S REPORTS
Ratification of appointment of John Liken to the Safety Commission.
ACTION:
Mayor Padilla moved to ratify the appointment of John Liken to the Safety
Commission. Deputy Mayor McCann seconded the motion, and it carried 5-0.
31. COUNCIL COMMENTS
Councilmember Rindone congratulated the Third Avenue Business Association on the
outstanding success of the Lemon Festival, and he asked the Mayor to send a letter on behalf of
the Council thanking and congratulating them for their hard work.
A. Councilmember Rindone: Ratification of Seat No. 3's appointment of Brett Davis
to the Mobilehome Rent Review Commission.
ACTION:
B.
ACTION:
Councilmember Rindone moved to ratify the appointment. Mayor Padilla
seconded the motion, and it carried 5-0.
Councilmembers Rindone and Chavez: Letter regarding elimination of position
of Intergovernmental Affairs Coordinator from Department of Mayor and Council
pursuant to Chula Vista Charter section 501.
Councilmember Rindone stated that he and Ms. Chavez were withdrawing their
letter as written; and referring the matter to staff to study the job specifications of
the position and amendments to the Municipal Code to clarify that the position
serves at the pleasure of the City Council, and bring the matter back to the next
regularly scheduled City Council meeting for additional discussion.
Councilmember Chavez concurred with Councilmember Rindone's comments.
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DRAFT
CLOSED SESSION
32. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(b)
Three Cases
Two cases were discussed, and no reportable action was taken on those items.
.
33. PUBLIC EMPLOYEE DISCIPLINE/DISMISSALfRELEASE PURSUANT TO
GOVERNMENT CODE SECTION 54957
No reportable action was taken on this item.
ADJOURNMENT
At II: I 0 p.m., Mayor Padilla adjourned to the Regular Meeting on September 19, 2006 at 6:00
p.m. in the Council Chambers.
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Susan Bigelow, MMC, CIty Clerk
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DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
August 26, 2006
1:00 P.M.
A Special Meeting of the City Council of the City ofChula Vista was called to order at 1:45 p.m.
in the Council Chambers located in City Hall, 276 Fourth Aven~e, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers: Castaneda, Chavez, McCann, Rindone, and Mayor
Padilla
ABSENT: Councilmembers: None
ALSO PRESENT: Interim City Manager Thomson, Senior Assistant City Attorney Marshall,
Bob Murray of Bob Murray and Associates
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
ACTION ITEMS
1. REPORT ON THE EXECUTIVE SEARCH PROCESS FOR THE CITY MANAGER
BY BOB MURRAY OF BOB MURRAY AND ASSOCIATES (Continued from August
22, 2006)
The City has contracted with Bob Murray and Associates to conduct an executive search
for the next City Manager. (Human Resources Director)
Mr. Murray spoke to the Council regarding issues and recommendations related to the executive
search, and sought Council input regarding those issues. Mr. Murray will report back to Council
once he is prepared to recommend a group of finalists for the position.
The Council took no formal action.
PUBLIC COMMENTS
Angela Brill commented on concerns of Rolling Hills residents and the addition of a bus route.
ADJOURNMENT
At 2:03 p.m., Mayor Padilla adjourned the meeting to the Regular Meeting on September 19,
2006 at 6:00 p.m. in the Council Chambers. The meeting of September 5, 2006 was cancelled
per Municipal Code Section 2.04.020. The meeting of September 12, 2006 was cancelled due to
the Mayor's State of the City Address, to be held on that date at the Montevalle Recreation
Center at 6:00 p.m.
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Susan Bigelow, MMC, City Clerk
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DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 14, 2006
4:00 P.M.
The South County Economic Development Council and the City of Coronado hosted a joint
meeting of business and community Leaders. Because a quorum of the Chula Vista City Council
attended the meeting, it was noticed as a special meeting under Brown Act requirements.
The meeting began at 4:00 p.m. and was held at the Coronado Promenade, 1825 Strand way,
Coronado, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, Chavez, McCann, Rindone
Mayor Padilla
ABSENT:
Councilmembers:
None
1. DISCUSSION OF ECONOMIC DEVELOPMENT IN SOUTH COUNTY
No action was taken.
ADJOURNMENT
At 5:30 p.m., Mayor Padilla adjourned the Council meeting to the Regular Meeting of September
19,2006, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, Chula Vista, California
~~~
Susan Bigelow, MMC, City Clerk
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DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 19, 2006
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6: 15
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
,
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, Chavez, McCann, Rindone
Mayor Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and City
Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. INTRODUCTION BY DOUG PERRY, FIRE CHIEF, OF THE EMPLOYEE OF THE
MONTH, DAVID ACOSTA, FIRE CAPTAIN
Chief Perry introduced the employee of the month, David Acosta. Mayor Padilla read the
proclamation, and Deputy Mayor McCann presented it to Captain Acosta.
. PRESENTATION OF A PROCLAMATION BY MAYOR PADILLA TO STAN
COLLINS, YOUTH COORDINATOR AND STUDENTS OF EASTLAKE HIGH
SCHOOL, PROCLAIMING SEPTEMBER 17 THROUGH 23, 2006 AS YELLOW
RIBBON SUICIDE PREVENTION AWARENESS AND PREVENTION WEEK
Mayor Padilla read the proclamation, and Deputy Mayor McCann presented it to Mr. Collins,
Youth Coordinator, and the Eastlake High School students.
. OATH OF OFFICE
Brett Davis, Mobilehome Rent Review Commission
City Clerk Bigelow administered the oath of office to Mr. Davis, and Deputy Mayor McCann
presented Mr. Davis with a certificate of appointment.
. PRESENTATION BY ED VAN EENOO, BUDGET AND ANALYSIS DIRECTOR, OF
RESULTS FROM THE NATIONAL RESEARCH CENTER CITIZEN SURVEY
(Continued from August 22, 2006)
Budget and Analysis Director Van Eenoo provided the results of the National Research Center's
citizen survey. Councilrnember Rindone commended staff on the fine report but cautioned
against perpetuating an east/west division, stating that services should be equal across the board.
Councilmember Castaneda stated that the report provided excellent news that bodes well for
Chula Vista.
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DRAFT
SPECIAL ORDERS OF THE DAY (Continued)
· DID YOU KNOW...THAT Chula Vista HAS A NEW MULTI-FAMILY RECYCLING
PROGRAM?
It was the consensus of the Council to continue this item to September 26,2006.
Mayor Padilla requested and received Council concurrence to take items out of order. The actual
order of items was Public Comments, followed by Item 17, and then the Consent Calendar.
CONSENT CALENDAR
(Items 1 through 16)
Councilmember Rindone stated that he would abstain on Item 12 due to the location of his
property. He also asked that Item lObe removed from the Consent Calendar for discussion.
With regard to Item 3, Councilmembers Castaneda, Rindone and McCann asked how the City
would reap the benefits of falling gas prices. Fleet Manager Dickens responded to Council's
questions and said he would provide a memo with more specific detail on how the City would
analyze rack prices to ensure that the City receives the most competitive price based on the
provisions of this agreement.
Deputy Mayor McCann stated that a formalized process should be established whereby high-
ticket items, such as Items 12 and 14, are considered under Action Items, rather than the Consent
Calendar.
Councilmember Rindone left the dais during the discussion ofItem 12.
With regard to Item 12, Deputy Mayor McCann asked about the bonding process, which was
explained by General Services Director Griffin.
Councilmember Rindone returned to the dais upon completion of discussion of Item 12.
On Item 14, Deputy Mayor McCann received confirmation from General Services Director
Griffin that the park and associated costs would be funded from Park Acquisition and
Development (PAD) fees, not general fund money. Mr. Griffin then provided an overview ofthe
design-build contract process. In response to a question by Councilmember Rindone, General
Services Director Griffin responded why staff did not provide an analysis of the design-build
bids, as is done for regular bid projects. Councilmember Rindone requested that such analyses
be included in future reports.
On Item 16, the Intergovernmental Affairs Coordinator position, Councilmember Castaneda
requested a reporting mechanism, work program, and formal interaction between this position
and the Legislative Committee, which consists of the Mayor and Deputy Mayor. He asked that
quarterly reports be submitted indicating what is being done and that a way be provided to
measure the success ofthe individual, as well as the committee. He also requested an analysis of
how this individual would interact with the Legislative Committee, what kind of reporting this
individual would be responsible for, when those reports would be forthcoming, and a way to
ensure an independent analysis oflegislation.
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DRAFT
CONSENT CALENDAR (Continued)
Nick Aguilar urged the Council to consider sending the item back to staff to clearly identify the
reporting responsibility to, perhaps, the City Attorney. He offered the County Board of
Education as a model.
Deputy Mayor McCann stated that the position should be reviewed in the future and possibly
changed to report to the City Manager.
1. APPROVAL OF MINUTES ofJuly 18, August 1, and August 3, 2006.
Staff recommendation: Council approve the minutes.
2. RESOLUTION NO. 2006-276, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE APPENDIX TO THE LOCAL CONFLICT
OF INTEREST CODE OF THE CITY OF CHULA VISTA AND DESIGNATING
FILERS FOR PURPOSES OF AB1234
The Political Reform Act requires every local agency to review its conflict of Interest
Code biennially to determine if it is accurate or, alternatively, that the Code must be
amended. The proposed Resolution adopts an amended appendix to the City's Conflict
of Interest Code, listing the officials and designated employees of the City who are
required to file periodic statements of economic interest and the disclosure categories
under which each such official and designated employee is required to file. (City Clerk,
City Attorney)
Staff recommendation: Council adopt the resolution.
3. RESOLUTION NO. 2006-277, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE PURCHASE OF UNLEADED
GASOLINE AND DIESEL FUEL ON AN AS-NEEDED BASIS FROM THE SOCO
GROUP, INCORPORATED, IN ACCORDANCE WITH TERMS AND CONDITIONS
OF COOPERATIVE AGREEMENT 7325-05-Z-RFP WITH THE CITY OF SAN
DIEGO, FOR A PERIOD OF ONE YEAR BEGINNING DATE OF AWARD, WITH
OPTIONS TO RENEW FOR FOUR ADDITIONAL ONE-YEAR PERIODS
Approximately 186,500 gallons of unleaded and 125,000 gallons of diesel fuel are
purchased annually for City use from fuel vendors. In addition, approximately 53,000
gallons of diesel fuel will be purchased for Transit use. Adoption of the resolution allows
the purchase of unleaded gasoline and diesel fuel from the Soco group in accordance with
the terms and conditions of a cooperative agreement with City of San Diego. (Finance
Director)
Staff recommendation: Council adopt the resolution.
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DRAFT
CONSENT CALENDAR (Continued)
4. RESOLUTION NO. 2006-278, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING UNANTICIPATED URBAN AREA
SECURITY INITIATIVE GRANT PROGRAM FUNDS, AND APPROPRIATING
FUNDS THEREFOR (4/5THS VOTE REQUIRED)'
Adoption of the resolution approves the acceptance of grant funds from Federal
Homeland Security (administered by City of San Diego Office of Homeland Security) in
the amount of $46,303, for purchase of a heavy-duty pickup truck to be used as a primary
mover and for mass decontamination equipment to be used in terrorism response.
(Information Technology Services Director)
Staff recommendation: Council adopt the resolution.
5. RESOLUTION NO. 2006-279, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $30,500 FROM 2006 EMERGENCY
MANAGEMENT AND PERFORMANCE GRANT (EMPG), AND APPROPRIATING
FUNDS THEREFOR (4/5THS VOTE REQUIRED)
The City is eligible to receive funding from the State of California Emergency
Management and Performance Grant. Finding is given to local jurisdictions that apply
for them based on projects supporting the State's emergency plan. Adoption of the
resolution approves acceptance of grant funds to assist in development of a "disaster
recovery" plan. (Information Technology Services Director)
Staff recommendation: Council adopt the resolution.
6. RESOLUTION NO. 2006-280, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING DONATIONS IN THE AMOUNT OF $6,540,
AND APPROPRIATING SAID DONATED FUNDS (4/5THS VOTE REQUIRED)
The Fire Department received donations in the amount of $6,540 from various
community businesses and organizations. These donations were made to the Fire
Department in support of the second Annual Awards and Recognition Ceremony and the
Chula Vista Fire Department Recognition Dinner. (Fire Chief)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2006-281, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
TfIE "DRAINAGE IMPROVEMENTS, WEST AND EAST OF SECOND AVENUE,
NORTH OF "H" STREET, IN THE CITY OF CHULA VISTA, CA (DR-120)"
PROJECT TO MJ.C. CONSTRUCTION, IN THE AMOUNT OF $682,830, AND
AUTHORIZING THE EXPENDITURE OF ALL AVAILABLE CONTINGENCIES AS
NECESSARY TO COMPLETE THE PROJECT
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DRAFT
CONSENT CALENDAR (continued)
Sealed bids were received on August 2, 2006 for this project. This project provides for
the construction of the ultimate drainage system and the rehabilitation of a sewer system
east and west of Second Avenue between Alvarado Street and Vance Street. The work
also includes all labor, material, equipment, transportation, protection of existing
improvements and traffic control necessary for the project. (General Services Director)
,
Staff recommendation: Council adopt the resolution.
8. RESOLUTION NO. 2006-282, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING $58,373 IN
UNANTICIPATED REVENUES FROM THE CALIFORNIA DEPARTMENT OF
CONSERVATION, DIVISION OF RECYCLING - BEVERAGE CONTAINER
RECYCLING AND LITTER REDUCTION ACTIVITIES GRANT PROGRAM
(4/5THS VOTE REQUIRED)
The California Department of Conservation, Division of Recycling (DOR) distributes
$10.5 million for fiscal year 2006/2007 to eligible cities and counties specifically for
beverage container recycling and litter clean up activities. The goal of the DOR's
beverage container recycling program is to reach and maintain an 80 percent recycling
rate for all California Refund Value (CRV) beverage containers - aluminum, glass,
plastic and bi-metal. Projects implemented by cities and counties assist the department in
reaching and maintaining their goal. Each city is eligible to receive a minimum of $5,000
or an amount calculated by the DOR, on a per capita basis, whichever is greater. Chula
Vista has received $58,373 for 2006/2007. (General Services Director)
Staffrecommendation: Council adopt the resolution.
9. RESOLUTION NO. 2006-283, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN PALOMAR
COMMUNICATIONS, INCORPORATED AND CITY OF CHULA VISTA FOR
RADIO REPEATER AND ANTENNA SITE LEASE
Adoption of the resolution approves a lease agreement for space on a communications
tower located on Otay Mountain for Chula Vista Transit's (CVT) radio repeater and
antenna. Since 1992, CVT has been leasing a site on Otay Mountain for its radio
transmitting equipment. (Public Works Operations Director)
Staff recommendation: Council adopt the resolution.
10. Items lOA and lOB were removed from the Consent Calendar for discussion.
11. RESOLUTION NO. 2006-286, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING A CONTRACT
FOR THE TRAFFIC SIGNAL INSTALLATION AT THE INTERSECTION OF
GREENS GATE DRIVE AND NORTH GREENSVIEW DRIVE (TF-320), TO
SOUTHWEST TRAFFIC SIGNAL SERVICES INCORPORATED, AND
APPROPRIATING FUNDS FROM THE AVAILABLE BALANCE OF THE TRAFFIC
SIGNAL FUND (4/5THS VOTE REQUIRED)
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CONSENT CALENDAR (continued)
The traffic signal installation at the subject intersection was approved and budgeted as
part of the Fiscal Year 2005/2006 Capital Improvement Program. Adoption of the
resolution authorizes appropriation of an additional $10,000 to this project from the cost
savings of various Traffic CIP projects completed and closed in Fiscal Year 2006/2007.
(Acting Engineering Director) .
Staffrecommendation: Council adopt the resolution.
12. RESOLUTION NO. 2006-287, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AUTHORIZING THE APPROPRIATION OF INTEREST
EARNED FROM THE 2004 CERTIFICATE OF PARTICIPATION (CIVIC CENTER
PROJECT - PHASE I) IN THE AMOUNT OF $449,554 TO THE CIVIC CENTER
COMPLEX CAPITAL IMPROVEMENT PROJECT (GG-139) (4/5THS VOTE
REQUIRED)
The City Council previously approved capital improvement project GG-139, which
involved the renovation of the Civic Center Complex, as well as a financing plan for
Component A of the project appropriating $15,955,550 from bond proceeds and
$3,000,000 from the Public Facilities Development Impact Fund. Phase I, City Hall, is
now complete, and in an effort to expend trustee funds in a timely manner (including
interest), it is necessary to appropriate the interest earned to the project for expenditures
incurred. (General Services Director)
Staff recommendation: Council adopt the resolution.
13. RESOLUTION NO. 2006-288, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA WAIVING THE BIDDING PROCESS AS IMPRACTICAL
AND A WARDING THE AGREEMENT FOR GRAFFITI REMOVAL SERVICES TO
SAN DIEGO URBAN CORPS FOR THE PERIOD OF OCTOBER I, 2006 TO JUNE
30, 2007 AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT
The San Diego Urban Corps provides on-the-job training to young adults from
disadvantaged inner-city communities, including Chula Vista. Therefore, to assist with
its fight against the proliferation of graffiti, the City is partnering with the San Diego
Urban Corps to assist with graffiti eradication and recommends waiving, as impractical,
the normal bidding process under provision 2.56.070 of the Chula Vista Municipal Code.
This project was approved as part of the Fiscal Year 2007 budget process at an annual
cost of approximately $50,000. (Public Works Operations Director)
Staffrecommendation: Council adopt the resolution.
14.A. RESOLUTION NO. 2006-289, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ESTABLISHING A NEW CAPITAL IMPROVEMENT
PROJECT ENTITLED "MOUNT SAN MIGUEL COMMUNITY PARK (PR260)" AND
AMENDING THE FISCAL YEAR 2007 CAPITAL IMPROVEMENT PROGRAM
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CONSENT CALENDAR (Continued)
l4.B. RESOLUTION NO. 2006-290, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A DESIGN-BUILD AGREEMENT WITH
ERICKSON-HALL CONSTRUCTION COMPANY FOR THE DESIGN AND
CONSTRUCTION OF MOUNT SAN MIGUEL COMMUNITY PARK, LOCATED IN
THE SAN MIGUEL RANCH NEIGHBORHOOD OF THE CITY OF CHULA VISTA;
APPROPRIATING FUNDS THERFOR; AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT (4/5THS VOTE REQUIRED)
The Council previously approved the master plan for the Mount San Miguel Community
Park, which conceptually designed and provided for the construction of a completed and
fully functional19-acre park, and established a Design-Build Priority List excluding fire
facilities to be used in awarding design-build contracts for future City projects. A request
for proposals was issued to all of the firms on the priority list. Adoption of the resolution
establishes the project and awards Erickson-Hall Construction Company a design-build
agreement for the provision of services required to design and construct the park, and
appropriates funds to a capital improvement project (PR260) that will enable the design
phase of the project to commence and authorizes the Mayor to execute the agreement.
(General Services Director)
Staffrecommendation: Council adopt the resolutions.
15. RESOLUTION NO. 2006-291, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $14,641 IN UNUSED GRANT FUNDS
TO THE FISCAL YEAR 2006/2007 STATE GRANT FUND (4/5THS VOTE
REQUIRED)
The City's Urban Heat Island Mitigation Project is funded through a Proposition 12 State
grant and will provide for additional shade tree planting in public rights-of-way.
Adoption of the resolution carries forward $14,641 in unused grant funds from Fiscal
Year 2005/2006 to Fiscal Year 2006/2007 to successfully complete the terms of the
current grant and make the City eligible for a new grant cycle. (Conservation &
Environmental Services Director)
Staff recommendation: Council adopt the resolution.
16. ORDINANCE OF THE CITY OF CHULA VISTA DESIGNATING THE
APPOINTING AUTHORITY FOR THE POSITION OF INTERGOVERNMENTAL
AFFAIRS COORDINATOR IN THE DEPARTMENT OF MAYOR AND COUNCIL
This action will designate the appointing authority for the position of Intergovernmental
Affairs Coordinator in the Department of Mayor and Council as the Mayor and Council
collectively. (City Attorney)
Staff recommendation: Council place the ordinance on first reading.
ACTION:
Councilmember Rindone offered Consent Calendar Items 1 through 9 and 11
through 16, headings read, text waived. The motion carried 5-0, except for Item
12, which carried 4-0-1 with Councilmember Rindone abstaining.
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ITEMS REMOVED FROM THE CONSENT CALENDAR
10. A. RESOLUTION NO. 2006-284, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDED SUPPLEMENTAL
SUBDNISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO.
05-07, MCMILLIN OTA Y RANCH VILLAGE SEV:EN "A" MAP
10. B. RESOLUTION NO. 2006-285, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDED SUPPLEMENTAL
SUBDNISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO.
05-09, OTAY RANCH VILLAGE SEVEN "A" MAP
The Council previously approved the Supplemental Subdivision Improvement
Agreements for McMillin Otay Ranch Village Seven and Otay Ranch Village Seven "A"
maps. Both agreements included a cap on the total number of residential building
permits for both subdivisions at 400 maximum prior to the opening of the SR-125 toll
road. The amended agreements allow an increase of 600 in the number of dwelling units
that may be built prior to SR-125 toll-road opening for public access due to a delay in the
construction of SR-125. (Acting Engineering Director)
ACTION:
Councilrnember Rindone offered Resolution Nos. 2006-284 and 2006-285,
headings read, text waived. The motion carried 5-0.
PUBLIC COMMENTS
Public comments were taken out of order and actually heard prior to the Consent Calendar.
Brenda Norton, resident of Otay Ranch whose home is adjacent to the Calvary Chapel, stated
that an environmental impact study should be done for the proposed project, and she asked that
the Council and Planning Department notify all residents within, at minimum, a five-block radius
of the site of any changes or meetings in order to allow them to fully participate. She also
requested that Walters Management, the current management firm of Otay Ranch, and the
Regional Manager, Quinton Wates, be notified as well.
Deputy Mayor McCann stated that he had attended a community meeting with the former City
Manager several months ago and had committed to notifying the entire village regarding this
proposed project.
Hwa-Wan Kwan, resident of Otay Ranch, supported the comments of the previous speaker
regarding the Calvary Chapel project and yielded the remainder of his time to Mr. Joseph
Boehm.
Steve Molski, representing Terry's Mobilehome Park, spoke regarding the discrimination that
occurs in mobilehome or trailer parks. He spoke of the need for the government to help lower
income people, requested the Council to protect senior citizens against abuse, and urged the City
Attorney to research the possibility of filing criminal charges against park owners who are
prejudiced or biased against park tenants.
Dr. Gwendalle Cooper of La Mesa spoke regarding the Chinese Communist Party's harvesting of
organs from Falun Gong Practitioners.
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PUBLIC COMMENTS (Continued)
Jacquline DeGuire, resident of National City, whose son and family live in Otay Ranch, offered
her assistance in pursuing state and federal funding to build an overpass for children at Telegraph
Canyon and Heritage Roads. Additionally, she requested a staff contact point person or liaison
for further discussion and assistance. Councilmember Chavez stated that this was her
neighborhood, and she suggested that the Intergovemmental:Affairs Coordinator assist Ms.
DeGuire. She also stated that staff would be looking into obtaining funding. Councilmember
Castaneda asked staff to look at interim measures for the Telegraph Canyon and Heritage Road
intersection and analyze signal operation and additional markings to alert drivers and
accommodate the students, not just the vehicles. Mayor Padilla stated that a standing staff
referral was made last year requesting a more comprehensive analysis of both short-term and
long-term options with respect to student pedestrian safety. He asked that the update include this
specific location as well.
Mike Kim, attorney for the Otay Ranch V Community Association, spoke regarding the pending
Calvary Chapel High School project, noting that his role was to make a record to assist the
Council in making a decision on whether the pending project should be subject to a conditional
use permit and hearings. He also asked the Council to request the City Engineer to perform a
traffic study in addition to the one done by Calvary Chapel. Mr. Kim noted that the 2002
Calvary project proposed a church of approximately 11,000 square feet and a school of
approximately 9,000 square feet. Traffic monitoring was required as a condition of that project's
approval. Residents in that area have raised traffic concerns since the project was built. The
pending 2005 Calvary Chapel High School project is described as a 4,000 square-foot church
facility and an 81,000 square-foot school and gymnasium. The literature states that ancillary use
number 1 is a church and number 2 a community purpose facility. Residents are concerned
about how the application will be handled, as a school or church, since the zoning administrator
can review applications for churches without a public hearing. The chapel's attorney has
characterized the project as a church, with a school as the ancillary building. Mr. Kim urged the
Council to make the project subject to public hearings, as it was obviously a matter of great
public concern.
Joseph Boehm spoke on behalf of himself and many residents present in the audience, as well as
over 100 residents who could not be present but who had signed a petition opposing the project.
Mr. Boehm stated they opposed the project for two reasons and believed a promise made to them
had been broken. In 2001, the site was designated as a park; in 2004, it was redesignated as a
community purpose facility, which the residents thought meant a youth center similar to the
Heritage site. Additionally, at a meeting conducted January 12, 2006 at Calvary Chapel,
Planning Department officials assured those present that the concerns of the residents would be
taken into account. Of primary concern was the conditional use permit process, which would
provide discretionary review and balance the landowner's rights with residents' rights. The
citizens believed that Calvary's attempts to circumvent the conditional use permit process was an
attempt to get the project approved without public comment and behind closed doors. With
respect to the proj ect, concerns were with traffic congestion, insufficient off-street parking,
domination of a City park (Cottonwood), noise from the multi-level, multi-use facility, and
activities planned seven days per week until 10:00 p.m. Additionally, as previously stated, they
were fearful that due to the high-density traffic, they would have a significant increase in their
homeowner association fees. They also believed the parking plan violated the municipal code,
which would result in parking in the neighborhoods. In summary, they believed the conditional
use permit process would be the best process to use.
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PUBLIC COMMENTS (Continued)
Heather Mitchell, resident of Otay Ranch, reiterated the broken promise feeling mentioned by
Mr. Boehm. She said that she and her husband purchased their home in 2001 and had seen the
traffic grow. She understood the importance of schools, but was also concerned with the impacts
of traffic, noise, and noise volume up until 10 p.m. The project would abut her backyard.
Ivan Rosabal, speaking for Ms. Moore and his neighbors, requested Council assistance regarding
a house on Emerson Street that was reactivated as a halfWay house. Councilmember Castaneda
stated that staff had previously been notified of the situation and referred Mr. Rosabal to his aide,
Linda Wagner, for further information.
ACTION ITEM
17. REPORT ON REQUESTS BY THE ROLLING HILLS RANCH COMMUNITY
ASSOCIATION AND RESIDENTS TO AMEND THE TRUCK ROUTE
DESIGNATIONS ON LANE AVENUE, PROCTOR V ALLEY ROAD AND HUNTE
PARKWAY AND REGARDING POTENTIAL TRAFFIC CONTROL
ENHANCEMENTS TO LANE AVENUE (Continued from August 22, 2006)
At the June 6, 2006 City Council Meeting, residents of properties abutting Lane Avenue
asked the Council to reconsider the decision to designate Lane Avenue as a Truck Route.
This request was later expanded by a letter from the Rolling Hills Ranch Association
(June 19, 2006) to include Proctor Valley Road and Hunte Parkway. This item was
scheduled for Council discussion at the August 22, 2006 meeting, but was continued.
The continuance allowed further opportunity for staff to work with the community, the
City Attorney's Office and the Chula Vista Police Department to explore potential
alternatives. (Acting Engineering Director)
Item 17 was taken out of order and actually heard following Public Comments, prior to the
Consent Calendar.
Traffic Engineer Rivera provided the staff report and responded to questions of the Council.
Dan Lorent, resident of Rolling Hills Ranch since 1998, requested that the Council continue to
pursue solutions to eliminate heavy truck traffic within the Rolling Hills Ranch area.
David Stucky, president of the Rolling Hills Ranch Community Association, thanked
Councilmember Chavez for her leadership, and Acting City Engineer Browder and her staff for
their outreach efforts to resolve the issues on a mutually agreeable basis. He then spoke in
support of the trial measures, but expressed concerns with some of the analysis in the agenda
statement and accompanying material, primarily that the prohibition of trucks over five tons on
the northern part of Lane Avenue would be revisited after the opening of SR-125 in
consideration of anticipated future industrial or commercial development patterns. However,
according to the General Plan, there were no industrial or commercial developments planned east
of Hunte Parkway or north of Otay Lakes Road. Secondly, the assertion that unless Procter
Valley Road, Hunte Parkway and Lane Avenue were designated as truck routes, side streets,
such as MacKenzie Creek Road and Rocking Horse Drive, would become open to unrestricted
truck traffic, misstated both the letter and the intent of the vehicle code and the Chula Vista
Municipal Code. Signs could be posted at appropriate points and limit truck traffic to trucks
under a specified weight, except for local deliveries. Under either law, trucks are required to
take the most direct route to their ultimate destination. In conclusion, he stated that although
staff's efforts were appreciated and the trial measures supported, this was not a concession on the
greater issue of the truck routes and the use of the streets as a regular through route if these
issues were allowed to stand.
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ACTION ITEM (continued)
Kit Gardner, speaking also for Angela Brill, spoke in support of his neighbors and calming
traffic along Lane, MacKenzie Creek, and in Rolling Hills Ranch, generally. He requested
signage on MacKenzie Creek Road, Lane and Mt. Miguel stating "No Trucks Allowed."
Laura Constantinedes asked why residents were not notified about the truck routes prior to a
decision being made. She then expressed concerns about increased fine particle pollution and
the deterioration of the streets. Also, she was concerned about children walking to and from
school, and did not understand why the truck routes were in a residential rather than commercial
area. As a registered nurse, she believed it was a health issue.
J amelin Johnson expressed concern for the children in the area crossing the street.
Alan Reoch stated that his house backs up to Lane Avenue. He applauded the recent action to
put the five-ton limit signs back up on Lane Avenue, and requested a guarantee that the
residential streets would not be changed back after the upcoming election and the opening of the
SR-125 toll road. Secondly, he stated that nothing had been done to correct the error of making
both Proctor Valley Road and Hunte Parkway truck routes. If Proctor Valley Road was
designated, there was nothing to stop trucks from using Lane Avenue as a short cut, since it was
the path of least resistance. Additional signage was needed. Also, Hunte Parkway was one of
the streets the residents needed to cross to get to Monte Valle Community Park.
Dr. Sue Hauwiller delivered petitions from the Rolling Hills Ranch neighborhood and appealed
to the Council to reverse its prior decision to designate the streets as truck routes. She also asked
that the City put in an access road parallel to the SR -125, between H Street and Otay Lakes
Road, to be used as a designated truck route and bus route.
Stewart Payne, who resides off of Duncan Ranch Road, east of Hunte Parkway, stated he saw no
reason for a truck route on Hunte Parkway, noting the report failed to mention the elementary
school at the corner of Otay Lakes Road and Hunte Parkway. There was no need for a truck
route east of Lane Avenue or Hunte Parkway, as deliveries to schools could be done with trucks
of five tons or less.
Fred Dufresne stated that he has lived on Otay Lakes Road for 35 years and that the subject
seemed to be "not in my neighborhood." There are 25 to 30 UPS trucks that come down Otay
Lakes Road every 15 minutes. The trucks will still have to cross over where residents are living.
Chris Constantinedes said that the placing of a major truck route in the residential area was not
needed; the only commercial area is at E street and Monticello. If the schools needed deliveries,
a five-ton truck could make them.
Barbara Gelsominai thanked her community members for speaking to the issue. She then stated
that Proctor Valley Road still needed to be addressed, as it too, should be designated as a "no-
trucks allowed" area.
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ACTION ITEM (continued)
Councilmember Chavez asked staff to provide a map to the Council showing the school district
boundaries, as well as where the schools were located. She also asked that a process be
established so that when the Council has to adjourn to closed session, a designated staff member
can check and advise the public if the closed session will be ending soon or if an item looks like
it will need to be continued. .
Councilmember McCann requested the addition of "no trucks allowed" signage at MacKenzie
Creek and Lane Avenue and MacKenzie Creek and Mt. Miguel Road. He also requested an
analysis of the appropriateness of Proctor Valley Road and Hunte Parkway being designated as
truck routes.
Councilmember Rindone stated that once the SR-125 is completed, he did not see a need to keep
Proctor Valley Road and Hunte Parkway as truck routes, and he requested an analysis by staff at
that time.
Councihnember Castaneda asked that staff contact some of the delivery recipients, such as the
school district and golf course, to see if smaller vehicles could accommodate them. He also
requested a report on establishing a Transportation Committee, similar to the Public Safety
Committee, to deal with these kinds of issues. In addition, he asked staff to come back with an
action plan on how to establish neighborhood protections, truck routes with the least amount of
impact, and guarantee they are going to be permanent.
Councilmember Chavez spoke in support of establishing a Transportation Committee. She then
requested an analysis of the truck routes from the businesses, mapping out routes from store to
store, routing trucks away from the neighborhoods and perhaps combining deliveries.
Councilmember Rindone stated he did not concur with the need to establish a Transportation
Committee, as the Safety Commission already exists and should be dealing with these types of
situations.
ACTION:
Deputy Mayor McCann moved to accept the report and direct staff to proceed
with implementation of the trial all-way stop control at the intersection of Lane
Avenue and MacKenzie Creek Road. Councihnember Castaneda seconded the
motion, and it carried 5-0.
PUBLIC COMMENTS (Continued)
Mayor Padilla recognized Mike Kim, attorney for the Otay Ranch V Community Association,
and offered him an opportunity to summarize his prior discussion under Public Comments. Mr.
Kim spoke regarding a letter from Ms. Donna Jones threatening litigation against the City. He
stated, for the record, that the Chapel had already contractually agreed to hold the City harmless
with regards to any issues concerning the permit application, specifically citing the development
permit processing agreement dated July IS, 2005, Condition 2.1. Mr. Kim also stated that
Government Code Section 65033 provides that it is the policy of the State of California that
planning issues go through public hearings.
At 9:29 p.m., Mayor Padilla recessed the Council meeting to convene the Redevelopment
Agency meeting. The Council meeting reconvened at 9:33 p.m. with all members present.
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PUBLIC HEARINGS
18. CONSIDERATION OF AN AMENDMENT TO THE MASTER FEE SCHEDULE TO
REFLECT A MODIFICATION TO THE UTILITY PERMIT FEE SCHEDULE
In 2004, the Council approved a Memorandum of ,Understanding (MOU) between the
City and the San Diego Gas and Electric Company regarding proposed terms for gas and
electric franchises. One of the requirements of the MOU is the preparation of a Manual
of Administrative Practices between the City of Chula Vista and the San Diego Gas and
Electric Company. Adoption of the following resolutions approves the manual and
amends the Master Fee Schedule to allow for certain utility permit fees to be provided for
in such a manual. (Acting Engineering Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice,
Mayor Padilla opened the public hearing. There being no members of the public who wished to
speak, he then closed the public hearing.
ACTION:
Deputy Mayor McCann offered the following resolutions, headings read, text
waived:
RESOLUTION NO. 2006-292, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE
MASTER FEE SCHEDULE TO MODIFY THE UTILITY PERMIT FEE
PORTION OF THE SCHEDULE
RESOLUTION NO. 2006-293, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING A
MANUAL OF ADMINISTRATIVE PRACTICES BETWEEN THE
CITY OF CHULA VISTA AND SAN DIEGO GAS AND ELECTRIC
COMPANY, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
MANUAL
The motion carried 5-0.
ACTION ITEMS
19. SELECTION OF APPLICANTS TO BE INTERVIEWED FOR APPOINTMENT AS
PORT COMMISSIONER (Continued from August 22, 2006)
On August 8, 2006, the Council approved an appointment process for selecting a new
Port Commissioner. Based on that process, Council was to have submitted in writing the
names of the candidates they wished to nominate to the City Clerk at the August 22 City
Council meeting. However, since only four applications were received by the submittal
deadline of August 18, Council voted to extend the application submittal deadline to
September 1. As a result of the deadline extension, an additional seven applications were
received, for a total of eleven. (Interim City Manager Thomson)
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ACTION ITEMS (continued)
Mayor Padilla stated that the process at this point was for Councilmembers to submit in writing
to the City Clerk the names of individuals they would like to interview for the position. The City
Clerk would then read the names selected by each member, and individuals receiving the interest
of two or more members would be calendared for interviews.
Interim City Manager Thomson recommended a time certain of 7:00 p.m. be set for next
Tuesday's meeting to conduct the interviews.
Deputy Mayor McCann stated that there were rumors that Admiral Bettencourt might be
interested in the position, although he had not applied; and Deputy Mayor McCann believed he
should be given the opportunity to do so. Mayor Padilla inquired as to whether there was
consent from the Council to accept an application from Admiral Bettencourt, should he submit
one prior to the interview date. General discussion ensued, and the majority consensus was to
proceed with interviewing those who had submitted applications to date.
City Clerk Bigelow read the nominees submitted by each Councilmember. The applicants who
received two or more votes were: Eugenia Aguilar Franco, Carl Harry, Port Martin, Michael
Najera, Kevin O'Neill and Jerrold Siegel.
ACTION:
Mayor Padilla moved to schedule 30-minute interview time slots, with one
scheduled brief recess, beginning at 7:00 p.m. on September 26, 2006; and that
the interviewees be selected at random for the time slots. Deputy Mayor McCann
seconded the motion and it carried 5-0.
20. STATUS REPORT ON THE MAJOR INTERSECTION SAFETY PROGRAM
ALLOWING THE CITY COUNCIL TO PROVIDE POLICY DIRECTION
REGARDING THE POTENTIAL USE OF RED LIGHT CAMERA ENFORCEMENT
IN THE CITY (Continued from August 22, 2006)
In 2005, the Neighborhood Traffic & Pedestrian Safety Program was created in order to
focus on neighborhood traffic calming, major intersection safety and pedestrian and
bicyclist safety. The importance of this effort was underscored by the results of the 2005
Chula Vista Police Department Resident Opinion Survey, which indicated that four of the
five top areas of concern for our residents were traffic related. This item provides a
status update on program efforts in this area and provides the opportunity for the City
Council to have a policy discussion regarding the potential use of red light camera
enforcement in our city. (Acting Engineering Director, Police Chief)
Acting Engineering Director Browder provided the staff report, and Police Captain Don Hunter
provided the officer enforcement strategies.
Councilmember Rindone requested additional information on how staff would ensure that the
calibration was accurate. Councilmember Chavez requested an analysis to determine if there
was a correlation between speed limits and people running red lights.
ACTION:
Mayor Padilla moved to accept the report and direct staff to proceed with further
investigation of the potential to utilize red light camera enforcement in the City.
Councilmember Castaneda seconded the motion, and it carried 5-0.
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ACTION ITEMS (continued)
21. RESOLUTION NO. 2006-294, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE PARK MASTER PLAN FOR THE 7.6
ACRE PUBLIC NEIGHBORHOOD PARK SITE IN THE OTAY RANCH VILLAGE 7
SUBDIVISION AND APPROVING THE NAME OF THE PARK TO BE ALL
SEASONS PARK (Continued from August 22, 2006)
This proposed park is located south of Birch Road, west of SR-125, east of La Media
Road and within the Otay Ranch Village 7 Subdivision. The park site shares boundaries
with an elementary school site, Wolf Canyon Open Space, Magdalena Avenue and Wolf
Canyon Loop. The Village Greenway Trail, running along the northern boundary of the
park site, links the park to the future Eastern Urban Center to the east and the future Otay
Ranch Community Park to the west as well as the City's Greenbelt Trail system. (General
Services Director)
Landscape Architect Radley, and Landscape Planner Caro provided the staff report.
Councilmember Chavez asked staff to consider alternatives to the use of recycled rubber on
playgrounds in future park designs, noting that it gets hot and rubs off onto the children's hands
and clothes.
ACTION:
Councilmember Rindone offered Resolution No. 2006-294, heading read, text
waived. The motion carried 5-0.
22. CONSIDERATION OF A GRANT AGREEMENT WITH SAN DIEGO GAS &
ELECTRIC TO PROVIDE ENERGY EFFICIENCY SERVICES FOR CITY,
COMMERCIAL, AND RESIDENTIAL FACILITIES
The proposed Grant challenges the City to provide education/outreach and marketing
support to reduce the amount of kilowatts (electricity) and therms (gas) consumed by a
targeted group of energy customers that are either not fully participating or not eligible
for existing programs. The grant also provides funding for some additional cost
reductions for the private sector and City facilities to encourage their increased
participation. The grant would provide $731,075 per calendar year through December
31,2008 ($2,193,225 total) and allows for full cost recovery of personnel, supplies and
services for participating departments. (Conservation and Environmental Services
Director)
Conservation and Environmental Services Director Meacham provided the staff report and
introduced SDG&E representatives Risa Baron and Ahmad Solomon, who stated they were glad
to be able to partuer with the City on programs that would be beneficial to the City and the
region, as well.
ACTION:
Deputy Mayor McCann offered the following resolution, heading read, text
waived:
Page 15 - Council Minutes
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September 19, 2006
DRAFT
ACTION ITEMS (continued)
RESOLUTION NO. 2006-295, RESOLUTION OF THE CITY
COUNCIL OF THE CITY OF CHULA VISTA APPROVING A THREE-
YEAR GRANT AGREEMENT WITH SAN DIEGO GAS & ELECTRIC
(SDG&E) TO PROVIDE ENERGY EFFICIENCY SERVICES FOR
CITY, COMMERCIAL, AND RESIDENTIAL FACILITIES THROUGH
DECEMBER 31, 2008, AUTHORIZING THE CITY MANAGER TO
EXECUTE ALL DOCUMENTS IN CONJUNCTION WITH
IMPLEMENTING THE AGREEMENT, AND APPROPRIATING
$376,700 IN GRANT FUNDS TO THE SDG&E ENERGY
PARTNERSHIP PROGRAM FUND (4/5THS VOTE REQUIRED)
The motion carried 5-0.
OTHER BUSINESS
23. CITY MANAGER'S REPORTS
There were none.
24. MAYOR'S REPORTS
D.
ACTION:
E.
A.
B.
Ratification of appointment of Patricia Moriarty to the Safety Commission.
Ratification of appointment of Jolyn DePriest to the Human Relations
Commission.
C.
Ratification of appointment of Kathleen Marshall to the International Friendship
Commission.
Ratification of appointment of William Canedo to the Nature Center Board of
Trustees (At-large member position).
Mayor Padilla moved to ratify the appointments as listed in A through D, above.
Deputy Mayor McCann seconded the motion, and it carried 5-0.
Request for Council authority to proceed with work session to bring stakeholder
groups together for the purpose of identifying common ground on remaining
Urban Core Specific Plan issues.
Mayor Padilla requested Council concurrence in an effort to bring together key constituency
groups in the community, such as the Third Avenue Village Association, the Chamber of
Commerce, Crossroads II and the Northwest Civic Association, with regards to certain
outstanding issues related to the Urban Core Specific Plan. Councilmember Rindone cautioned
against the potential of creating a false sense of entitlement among the groups and offered to
work on the committee, should the Mayor so choose. Councilmember Chavez requested that
efforts be made to reach out to the east side, as well, on this issue.
ACTION:
It was the consensus of the Council to support the request. Mayor Padilla
committed to keeping the City Council briefed.
Page 16 - Council Minutes
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September 19, 2006
DRAFT
OTHER BUSINESS (Continued)
25. COUNCIL COMMENTS
Deputy Mayor McCann: Formation of Health Care Ad Hoc Committee to study the
status of health care facilities and current services provided for the City of Chula Vista.
ACTION:
At the request of Deputy Mayor McCann, this item was continued to September
26, 2006.
Councilmember Rindone stated that he would like to meet with Deputy Mayor McCann prior to
the proposal regarding a Health Care Ad Hoc Committee being brought back. Councilmember
Chavez stated she would like to contribute the information she had gathered, as well.
Councilmember Castaneda expressed condolences to the family and friends of Bianca Moore, a
student at Chula Vista Middle School, who collapsed and passed away on Monday. He
requested that the meeting be adjourned in her memory.
Councilmember Castaneda reported that the City of San Diego is in the process of determining
its position regarding whether to move forward on a waiver with respect to secondary treatment
at the Point Lorna sewage treatment facility. He asked for a staff report back as soon as possible
on the issues facing the City of San Diego, where San Diego is with regard to its position, what
the impacts financially and environmentally would be, and what effect they would have on Chula
Vista rate payers.
CLOSED SESSION
26. PUBLIC EMPLOYEE APPOINTMENT PURSUANT TO GOVERNMENT CODE
SECTION 54957
. Community Development Director
No reportable action was taken on this item.
ADJOURNMENT
At 12:30 p.m., Mayor Padilla adjourned the meeting, in memory of Bianca Moore and her
family, to the Regular Meeting on September 26, 2006 at 6:00 p.m. in the Council Chambers.
~~y~
Susan Bigelow, MMC, City Clerk
Page 17 - Council Minutes
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September 19, 2006
DRAFT
MINUTES OF A SPECIAL MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 25, 2006
6:30 P.M.
The Sweetwater Union High School District Board hosted a joint meeting with the Chula Vista
City Council. Because a quorum of the Chula Vista City Council attended the meeting, it was
noticed as a special meeting under Brown Act requirements.
The meeting began at 6:32 p.m. and was held at the Sweetwater Union High School District
Offices, 1130 Fifth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, Chavez, McCann, Rindone
Mayor Padilla
ABSENT:
Councilmembers:
None
I. Student Achievement
No action was taken.
2. School Site Modernization - Prop BB
No action was taken.
3. Bond Election - November
ACTION:
Deputy Mayor McCann moved to endorse Proposition BB. The motion failed for
lack of a second. Deputy Mayor McCann requested Sweetwater Union High
School District staff to provide additional information on the proposition at a
future Council meeting.
ADJOURNMENT
At 8:20 p.m., Mayor Padilla adjourned the Council meeting to the Regular Meeting of September
26,2006, at 6:00 p.m. in the Council Chambers, 276 Fourth Avenue, Chula Vista, California
~
~LuW JSl
Susan Bigelow, MMC, lty Clerk
)
IE
DRAFT
MINUTES OF A REGULAR MEETING OF THE
CITY COUNCIL OF THE CITY OF CHULA VISTA
September 26, 2006
6:00P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:22
p.m. in the Council Chambers, located in City Hall, 276 Fourth Avenue, Chula Vista, California.
ROLL CALL:
PRESENT:
Councilmembers:
Castaneda, Chavez, McCann, Rindone
Mayor Padilla
ABSENT:
Councilmembers:
None
ALSO PRESENT: Interim City Manager Thomson, City Attorney Moore, and City
Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG AND MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. OATHS OF OFFICE
Jolyn DePriest, Human Relations Commission
Kathleen Marshall, International Friendship Commission
William Canedo, Nature Center Board of Trustees
Patricia Moriarty, Safety Commission
City Clerk Bigelow administered the oaths of office to Jolyn DePriest, William Canedo and
Patricia Moriarty; and Deputy Mayor McCann presented each with a certificate of appointment.
. DID YOU KNOW...THAT CHULA VISTA HAS A NEW MULTI-FAMILY
RECYCLING PROGRAM? Presented by Lynn France, Conservation Coordinator,
General Services Department. (Continued from September 19, 2006).
Conservation Coordinator France presented the City's new multi-family recycling program that
was made possible by a grant from the California Department of Conservation, Division of
Recycling. Ms. France also announced that a thermometer exchange event was being held in
conjunction with the San Diego Gas & Electric light bulb and halogen torchiere floor lamp
exchange on Saturday, October 14, from 10 a.m. to 3 p.m. at the Civic Center Branch Library
parking lot, 365 F Avenue.
CONSENT CALENDAR
(Items 1 through 5A)
Mayor Padilla stated that he had a request from staff to remove Item 5 from the Consent
Calendar. Councilmember Rindone asked that Item 2 be pulled for discussion.
If-I
DRAFT
CONSENT CALENDAR (continued)
1. ORDINANCE NO. 3042, ORDINANCE OF THE CITY OF CHULA VISTA
DESIGNATING THE APPOINTING AUTHORITY FOR THE POSITION OF
INTERGOVERNMENTAL AFFAIRS COORDINATOR IN THE DEPARTMENT OF
MAYOR AND COUNCIL (SECOND READING)
Adoption of this ordinance will designate appointing authority for the position in the
Department of Mayor and Council as the Mayor and Council collectively. This
ordinance was introduced on September 19,2006) (City Attorney)
Staff recommendation: Council adopt the ordinance.
2. Item 2 was removed from the Consent Calendar for discussion.
3. RESOLUTION NO. 2006-297, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING ADDITIONAL HOMELAND SECURITY
GRANT FUNDS FOR THE LAW ENFORCEMENT TERRORISM PREVENTION
PROGRAM FOR THE YEARS 2004 AND 2005, AND AMENDING THE FISCAL
YEAR 2006/2007 EMERGENCY SERVICES SUPPLIES AND SERVICES BUDGET
BASED UPON UNANTICIPATED REVENUES (4/5THS VOTE REQUIRED)
The City of Chula Vista recently submitted two requests to the California Office of
Homeland Security to transfer grant funds from the Quartermaster purchasing system to
the City of Chula Vista based upon significant issues with being able to purchase much
needed homeland security equipment in a cost-effective and timely manner. Adoption of
the resolution accepts the additional grant funds, and amends the Fiscal Year 2006/2007
Emergency Services, Supplies and Services budget by appropriating $90,873 for the Law
Enforcement Terrorism Prevention Program. (Information Technology Services
Director)
Staff recommendation: Council adopt the resolution.
4. RESOLUTION NO. 2006-298, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING $410,731 FROM THE OFFICE OF TRAFFIC
SAFETY FOR THE SELECTIVE TRAFFIC ENFORCEMENT PROGRAM, ADDING
ONE POLICE AGENT, AND APPROPRIATING FUNDS THEREFOR (4/THS VOTE
REQUIRED)
The Police Department received funding from the Office of Traffic Safety to develop and
implement a program focusing on traffic enforcement strategies to reduce the number of
persons killed and injured in traffic collisions. The funding will create a dedicated Agent
position in the Traffic Unit to oversee the Selective Traffic Enforcement Program
(STEP). (Police Chief)
If--?
Page 2 - Council Minutes
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September 26, 2006
DRAFT
CONSENT CALENDAR (continued)
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL BIDDING PROCESS AS IMPRACTICAL AND
AUTHORIZING THE CITY'S PURCHASING AGENT TO NEGOTIATE PURCHASE
ORDERS DIRECTLY WITH HANSON AGGREGATES, INCORPORATED FOR
PROCUREMENT OF AGGREGATE PRODUCTS TO COMPLETE STREET
MAINTENANCE TASKS BY CITY CREWS
Adoption of the resolution waives the formal bidding process and authorizes the City's
Purchasing Agent to negotiate purchase orders directly with Hanson Aggregates, Inc., as
the only remaining aggregate supplier in the South Bay, for procurement of aggregate
products to complete street maintenance tasks by Public Works Operations Crews.
(Public Works Operations Director)
Staff recommendation: Remove item from the agenda.
5A RESOLUTION NO. 2006-299, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING REQUESTS FROM BONITA BUSINESS
AND PROFESSIONAL ASSOCIATION TO CONDUCT THE BONITAFEST AND
BONITAFEST PARADE ON SATURDAY SEPTEMBER 30, 2006 AND WAIVING
ASSOCIATED FEES FOR POLICE SERVICE AND TRANSIT BUS SERVICES
The Bonitafest Committee and its sponsoring organization, the Bonita Business and
Professional Association (BBPA), are requesting permission to conduct the 34th Annual
Bonitafest on Saturday, September 30, 2006. (Police Chief)
Staff recommendation: Council adopt the resolution.
ACTION:
Mayor Padilla noted that Item 5 was removed from the agenda and offered
Consent Calendar Items 1,3,4 and 5A, headings read, text waived. The motion
carried 5-0.
Mayor Padilla took the agenda items out of order, hearing Public Comments prior to Items
Removed From The Consent Calendar.
ITEMS REMOVED FROM THE CONSENT CALENDAR
This item was actually considered following Public Comments.
2. RESOLUTION NO. 2006-296, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS, REJECTING BIDS DUE TO
DISPARITIES IN THE BID PROPOSAL, AND A W AROING CONTRACT FOR
"THIRD AVENUE SIDEWALK IMPROVEMENTS, BETWEEN "D" STREET AND
FOURTH AVENUE, IN THE CITY OF CHULA VISTA, CA (STL-299)" PROJECT,
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT, AND
AUTHORIZING THE EXPENDITURE OF THE AVAILABLE CONTINGENCIES
FOR THE PROJECT
/ (-3
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September 26, 2006
DRAFT
ITEMS REMOVED FROM THE CONSENT CALENDAR (continued)
On September 13 2006, the General Services Director received and opened sealed bids
for this project. The work to be done consists of the construction of the missing curb,
gutter and sidewalk along the west side of Third Avenue between "D" Street and Fourth
Avenue. Other appurtenant work associated with this project includes cross-gutter,
driveway, pedestrian ramps, street pavement, retaining walls, storm drain and various site
specific improvements to restore properties and existing improvements affected by the
project construction to an equal or better than condition. (General Services Director)
Councilmember Rindone stated that the staff oversight of the project seemed excessive. General
Services Director Griffin responded that the project was very complex, with a large slope and
drainage issues, as well as being scheduled for construction during the rainy season. The
funding was calculated with an abundance of caution, and any funds not used would go back into
the CIP fund. Councilmember Rindone asked staff to do everything possible to mitigate staff
costs in future projects and provide an accounting of actual costs at the completion of this
project.
Councilmember Castaneda requested a future workshop on this issue and suggested that any time
soft costs exceed actual construction costs, the City should go to the private sector to see if any
of the soft costs could be reduced. Further, he requested an analysis for Council review to
determine if a Council policy is needed to determine how to accomplish these types of projects in
the future.
Councilmember Rindone, in an effort to balance the mixed messages from the Council, clarified
that past practice and direction to staff has been to hire outside only if City staff with expertise is
not available.
Councilmember Chavez asked the status of a referral for a prioritized list of street maintenance
projects. She requested that the list be provided as soon as possible and that it include the
projects, projected costs, an analysis if the project goes over budget, and also the sidewalk
projects.
Councilmember Castaneda stated the intent of his referral was to install, by Council policy, a
little oversight to understand project costs, how they were determined, and soft costs versus hard
construction costs, to ensure that taxpayers are getting their money's worth.
Deputy Mayor McCann concurred with holding a workshop to discuss this topic but asked that
the process be streamlined and efficient so as not to delay projects or increase costs.
ACTION:
Counclmember Rindone then offered Resolution No. 2006-296, heading read, text
waived. The motion carried 5-0.
PUBLIC COMMENTS
Public Comments were taken out of order and actually heard prior to Items Removed From The
Consent Calendar.
/ f~ t/
Page 4 - Council Minutes
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September 26, 2006
DRAFT
PUBLIC COMMENTS (Continued)
Steve Molski congratulated staff on actions taken to freeze the zoning regarding the Jade Bay
Mobilehome Park. He then stated he had heard the KOA property was for sale, and he asked the
Council to consider purchasing it for relocation of displaced mobilehomes.
Norma Runyon, president of the Brentwood Mobilehome Park Association, provided a brief
history of issues at her park, stating that the owner was not making required improvements and
was continually applying for rent increases. She asked, on behalf of the park residents, for the
City to pull the license to operate, as the park is substandard, and she requested a response as
soon as possible. Ms. Runyon also stated she was waiting for curbs to be installed on Industrial
Boulevard.
Nick Aguilar, speaking as a resident, stated he wished to correct several comments he made at
the last meeting. First, the Intergovernmental Affairs Coordinator should report to the City
Manager, not the City Attorney, as he misstated last week. Second, the Council staff are
employees of the City, hired to support part-time Councilmembers and not be servants to the
elected officials, and, therefore, it would be logical to extend their reporting to the City Manager,
as well. Third, Mayor Padilla should take care not to lecture or intimidate those who come
before the Council to speak and express their opinions, and he should apologize to and
acknowledge school principals and other district employees who worked on Mr. Aguilar's
campaign.
Jeunifer Rodriguez, resident of the Sunbow community, requested Council assistance with
vandals and partiers using community gazebos between Medical Center Drive and Paseo Ladera
late in the evenings. She asked for the installation of motion sensor lights, signage, and
increased police patrol. Ms. Rodriguez then submitted a petition signed by approximately 100
residents. Councilmember Castaneda requested a report back in 30 days as to whether these
parks are City property or belong to the Sunbow community. If it is determined that they are
City parks, Deputy Mayor McCann requested staff to move forward with the suggested
measures; and if they belong to Sunbow, he requested staff to work with them to see what can be
done. Public Works Operations Director Byers was asked to assist Ms. Rodriguez.
At 7:12 p.m., Mayor Padilla recessed the Council meeting to convene the Redevelopment
Agency meeting. The Council meeting reconvened at 7: IS p.m. with all members present.
PUBLIC HEARINGS
6. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL
CODE TO ADD THE PROHIBITION OF SMOKING IN CITY PARKS
The City Council asked staff to analyze the effects of smoking in City parks at the
November 15, 2005 Council meeting. Furthermore, the Parks and Recreation
Commission also independently asked staff to look at banning smoking in City parks.
Based on staffs analysis, it is recommended that smoking be prohibited in City parks.
(Public Works Operations Director).
/f-5
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September 26, 2006
DRAFT
PUBLIC HEARINGS (continued)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. There were no members of the public who wished to
speak.
ACTION:
Councilmember Castaneda moved to continue the public hearing to October 10,
2006. Deputy Mayor McCann seconded the motion, and it carried 5-0.
7. CONSIDERATION OF AN AMENDMENT TO THE CHULA VISTA MUNICIPAL
CODE TO ADD THE REQUIREMENT FOR PHYSICIANS TO PROVIDE PROOF OF
CURRENT MEDICAL LICENSE PRIOR TO ISSUANCE OF A CHULA VISTA
BUSINESS LICENSE
This public hearing was noticed for September 26, 2006. Staff has recommended that it
be continued to a date certain of October 10, 2006 to allow additional review. (Planning
and Building Director)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Mayor Padilla opened the public hearing. There were no members of the public who wished to
speak.
ACTION:
Mayor Padilla moved to continue the public hearing to October 10, 2006.
Councilmember Castaneda seconded the motion, and it carried 5-0.
ACTION ITEMS
8. UPDATE REPORT ON OTAY RANCH EASTERN URBAN CENTER SECTIONAL
PLANNING AREA (SPA) PLAN
The report will provide the City Council with an overview of the objectives for the
Eastern Urban Center envisioned in the City's planning documents and an overview of
the transportation systems, which are planned to serve the Eastern Urban Center.
(Planning and Building Director)
Interim City Manager Thomson requested that this item be continued to the meeting of October
3, 2006.
ACTION:
Deputy Mayor McCann moved to continue the item to October 3, 2006.
Councilmember Castaneda seconded the motion, and it carried 5-0.
If-(p
Page 6 - Council Minutes
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September 26, 2006
DRAFT
ACTION ITEMS (continued)
9. INTERVIEWS AND APPOINTMENT TO FILL VACANCY ON THE PORT
COMMISSION
Mayor Padilla stated he was not feeling well but would follow the interviews on streaming video
so as to be able to participate in the appointment of a commissioner next week. He turned the
meeting over to Deputy Mayor McCann and left the Chambers at 7:21 p.m.
Deputy Mayor McCann recessed the meeting at 7:21 p.m. and reconvened it at 7:27 p.m., with
all members present except for Mayor Padilla.
Sharon Cloward, Executive Director of the San Diego Port Tenants Association, addressed the
Council and asked that the appointment be made in time for the next Port Commission meeting.
She encouraged the Council to select someone who could provide the time commitment, has
experience with complicated management and business issues, would be able to achieve the
proper mix and balance between industrial, commercial and recreational uses for the bay, be
familiar with current environmental issues impacting San Diego Bay, possess sufficient skills to
balance environmental issues with maintenance and the creation of a suitable job base, and lastly,
have the understanding that the Port Commission Board recognizes the San Diego tidelands as a
region, without showing preference to anyone member city. Ms. Cloward then commended past
Port Commissioner Bill Hall for his outstanding and even-handed service to the Port, its tenants,
and the citizens of the region.
In response to a question from Deputy Mayor McCann, Interim City Manager Thomson
responded that the next Port Commission meeting was scheduled for October 10, 2006;
therefore, the Council could continue the selection process to October 3, 2006 and still make an
appointment in time for the next Port Commission meeting.
Councilmember Rindone asked Ms. Cloward how much time a new commissioner would need to
set aside to get prepared and up to speed on Port issues. Ms. Cloward responded that her
estimate would be 25 to 30 hours a week for the first couple of months, and 15 to 20 hours a
week thereafter.
The City Council interviewed the following applicants:
Michael Najera
Kevin O'Neill
Carl Harry
Deputy Mayor McCann recessed the meeting at 8:54 p.m. and reconvened it at 9:07 p.m., with
all members present except Mayor Padilla.
The Council continued with interviews of the following applicants:
Jerrold Siegel
Eugenia Aguilar Franco
Port R. Bob Martin
No action was taken by the Council, and the item will again be considered at the meeting of
October 3, 2006.
/f,1
Page 7 - Council Minutes
http://www.chulavistaca.gov
September 26, 2006
DRAFT
OTHER BUSINESS
10. CITY MANAGER'S REPORTS
There were none.
11. MAYOR'S REPORTS
There were none.
12. COUNCIL COMMENTS
Councilmember Castaneda reported that he would be participating in the SANDAG Energy
Working Group meeting this Thursday to hear testimony and discuss SANDAG's position on the
Sunrise Power Link from Arizona to California. Currently, the alignment is planned to come
across the border into San Diego County through North County in Ramona; however, a portion
runs through the national forest, and the state and federal agencies that oversee the parks are in
opposition. Thus, this potential alignment may find its way down to Chula Vista. He stated he
would provide a report after the working group meeting, as the Council may want or need to take
an official City position.
Councilmember Castaneda then inquired, and Interim City Manager Thomson responded that a
report would be forthcoming shortly on the City of San Diego's position on whether to move
forward on a waiver with respect to secondary treatment at the Point Lorna sewage treatment
facility. Councilmember Castaneda stated he would like to have a public hearing on the potential
impacts to the City of Chula Vista.
Councilmember Castaneda then referred to the Public Safety Committee the issue of group
homes, and the state laws pertaining thereto, in order to evaluate ways to protect the citizens.
Lastly, he asked that the Council budget subcommittee, on which Deputy Mayor McCann serves,
review the policy regarding the use of pool versus rental vehicles for out-of-town trips.
Councilmember Rindone stated that this past Saturday, the City held the Boards & Commissions
luncheon to recognize and thank the many citizens who volunteer their time to serve the City.
He expressed concern about the low turnout and, after speaking to several people, was informed
that they had not received an invitation. He asked staff to revisit the issue and suggested that
perhaps Saturday afternoon was not the best time to hold such an event.
Councilmember Rindone then stated that he was pleased with staff action on the Claire Avenue
situation, which will come before the Council at next Tuesday's meeting.
Councilmember Chavez spoke of a recent accident that occurred shortly after the installation of a
stop sign at McKenzie Creek and Lane Avenue. She requested that staff review the area for
additional signage needs. Councilmember Rindone suggested consideration of flashing beacons
100 feet before the new stop sign to act as an early warning.
Deputy Mayor McCann stated that the Council budget subcommittee met last Wednesday, and
he thanked Interim City Manager Thomson and the Finance staff for their presentations. He
reported that two items were discussed, one being contingency planning and the other being
block budgeting for the Mayor and Council to set up individual accountability and allow each
Councilmember the flexibility and responsibility of having his/her own budget.
If,?
Page 8 - Council Minutes
http://www.chulavistaca.gov
September 26, 2006
DRAFT
OTHER BUSINESS (continued)
Deputy Mayor McCann then asked Interim City Manager Thomson to work with the Sweetwater
Union High School District to bring a presentation on Proposition 0 to the Council that would
call for Council support if they saw fit to do so.
. Deputy Mayor McCann: Formation of Health Care Ad Hoc Committee to study the
status of health care facilities and current services provided for the City of Chula Vista.
(Continued from September 19, 2006).
Deputy Mayor McCann asked staff to study the possible formation of a healthcare ad hoc
committee, as a permanent committee if viable to do so; and expressed concern that the Council
needs to work with both the Sharp and Scripps medical groups to ensure they prosper, grow, and
continue to provide quality-of-life healthcare levels to the community.
Councilrnember Chavez supported Deputy Mayor McCann's referral and looked forward to
further discussions in detail, adding that she had information gathered from Senator Duchaney
and Supervisor Cox that she wished to share.
Councilmember Rindone stated that he has had the opportunity to serve on a local hospital board
and could also provide a lot of information on local healthcare issues. Further, he fully
supported the recommendation for a permanent committee due to the number of issues
forthcoming in the community.
Councilmember Rindone requested an update on a referral he previously made about his concern
about local courts leaving the South Bay and how the City could assist them. He said he would
like this discussed at the next meeting or two, since, like the healthcare facilities issue, the City
cannot afford to lose them.
ADJOURNMENT
At 10:34 p.m., Deputy Mayor McCann adjourned the meeting to the Regular Meeting on
October 3, 2006 at 4:00 p.m. in the Council Chambers.
~~~~
Susan Bigelow, MMC, Cityl(:lerk
/f--q
Page 9 - Council Minutes
http://www.chulavistaca.gov
September 26, 2006
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Councilmember Steve Castaneda
City Of Chura Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CllY OF
CHUlA VISTA
Tuesday, October 10, 2006
TO:
Mayor and City Councilmembers
cc:
City Manager, City Clerk, City Attorney
Councilmember Steve Castaneda r
Absence from Office
FROM:
RE:
I will be out of town at the 2006 ULI Fall Meeting in Denver, Colorado from October 17,
2006 through October 21,2006. I request to be excused from the City Council Meeting
of October 17, 2006. Thank you,
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Mayor and City Council
City Of CMula Vista
276 Fourth Avenue
CMula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
CllY OF
CHUlA VISTA
Thursday, October 12, 2006
TO:
The Honorable Mayor & City Council
FROM:
Sandra Hodge, Council Aide
RE:
Excused Absences from City Council Meeting
Councilmember Rindone has requested an excused absence from the City Council
meeting scheduled for October 10, 2006. He was out of town conducting MTS business
on behalf of the City of Chula Vista.
cc: City Clerk
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ORDIN."'-NCE NO. 2006- ~G. ~1\)
ORDJNAl\fCE OF THE CITY OF CHULA VIST: A' ~
SECTION 8.22.030 OF THE MUNICIPAL CODE~{{i;~
SMOKING IN FRiENDSHIP P A.'LK
"
....
w1ffiREAS, smoking is the single most important slJurce or preventable disease ill
California; and
Vi/HEREA.S, the World Health Organization (WHO) estimates that by 2030, tobacco will
account for 10 million deaths per year, making it the greatest cause of death worldwide; and
WHEREAS, the United States Emiromental PTotection Agency (EP A) has found
secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group
A carcinogen, the most dangerous class of carcinogen; and
WHEREAS, secondha,d smoke contains over 4,000 chemicals - 2,000 are poisons and at
least 43 are distinct cancer-causing chemicals, especially harmful to young children and children
with asthma; and
WHEREAS, exposure to secondhand smoke is the third leading cause of preventable
death in this country, killing over 52,000 nonsmokers each year, L'1cluding 3,000 deaths from
lung cancer; and
'WHEREAS, between 4,200 and 7,440 nonsmokers die of ischemic heart disease from
secondhand smoke each year in California; and
WHEREAS, 87.9 percent of nonsmokers showed detectible levels of cotinine (a
metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke
exposure; and
WHEREAS, secondha.'1d smoke exposure adversely affects fetal growth with elevated
risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SmS) in infants
of mothers who smoke; and
WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the
United States to suffer from lower resprra!ory tract infections, such as pneumonia and bronchitis,
exacerbates cbldhood asthma, and increases the risk of acute chronic middle ear infection in
children; and
WHEREAS, secondhand smoke has been ruled to be in the same class of toxic air
pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and
WHEREAS, secondhand smoke has been linked to lower test scores, asthma, and
numerous other health risks for children; and
w1ffiREAS, when children see adults smoking in a family-friendly place, it "normaJizes~
smoking, thereby making children more likely to try tobacco products; and
3A-i
(
(
Ordinance No. 2006-
Page 2
SECOND READING AND ADOPTION
WHEREAS, cigarette butts take one to five years to break down and are the item most
frequently discarded as litter in the world; and
w1:IEREAS, ",ind and rain often carry cigarette blItts.:int<l waterways and threaten the
quality of the water; and .
w1:IEREAS, cigarette filters have been found in fish, birds and other animals who
mistake them for food; and
WHEREAS, littering of cigarette butts is a park maintenance concern and very time-
consuming to eradicate; and
WHEREAS, due to the health consequences of secondhand smoke and the enviro=ental
impacts, staff recommends establishing an ordinance prohibiting smoking in City parks.
WHEREAS, it is the intent of the City Council in enacting this ordinance, to provide for
the health, safety, and welfare of the public by discouraging the inherently dangerous behavior of
tobacco use around non-tobacco users by protecting children from exposure to smoking and
tobacco while they use the playground equipment, play sports, or enjoy being outside with
family or friends; by reducing the potential for children to associate smoking and tobacco with a
healthy lifestyle; and by affirming and promoting the family atmosphere of the City's public
parks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
ORDAIN AS FOLLOWS:
SECTION I: Section 8.22.030 is hereby amended to add Subsection C, as follows:
C. No person shall smoke in any portion of Friendship Park.
SECTION 2: This ordinance shall take effect and be in full force thirty days from its adoption.
Presented by
Approved as to form by
Dave Byers
Director of Public Works Operations
~~~
Ann Moore
City Attorney
3A-2..
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ORDillANCE OF THE CITY OF ~~'*-~ VISTA
AL'v:!ENDING SECTION 8.22 030 01;' nIEMUNICIPAL
CODE TO PROHIBIT SMOKING IN AL'lY PORTION OF
INDEPENTIENCE PARK AND RAL"fCHO DEL REY
PARK
ORDINAL"JCE NO. :C006-
WHEREAS, smoking IS the single most important source or preventable disease in
California; and
WHEREAS, the World Health Organization (\VHO) estimates that by 2030, tobacco will
account for lO million deaths per year, making it the greatest cause of death worldwide; and
WHEREAS, the United States Environmental Protection Agency (EPA) has found
secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group
A carcinogen, the most dangerous class of carcinogen; and
WHEREAS, secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at
least 43 are distinct cancer-causing chemicals, especially harmful to young children and children
with asthma; and
WHEREAS, exposure to secondhand smoke is the third leading cause of preventable
death in this country, killing over 52,000 nonsmokers each year, including 3,000 deaths from
lung cancer; and
WHEREAS, between 4,200 and 7,440 nonsmokers die of ischemic heart disease from
secondhand smoke each year in California; and
WHEREAS, 87.9 percent of nonsmokers showed detectible levels of cotmme (a
metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke
exposure; and
Vv'HEREAS, secondhand smoke exposure adversely affects fetal growth with elevated
risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SillS) in infants
of mothers who smoke; and
WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the
United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis,
exacerbates cbildhood asthma, and increases the risk of acute chronic middle ear infection in
cbildren; and
WHEREAS, secondhand smoke has been ruled to be in the same class of toxic air
pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and
WHEREAS, secondhand smoke has been linked to lower test scores, asthma, and
nwnerous other health risks for children; and
38-1
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'O'Y;.vO
W1ffiREAS, when children see adults smoking in a family-friendly place, it "normalizes"
smoking, thereby making children more likely to try tobaccq products; and
Ordinance No. 2006-
Page 2
,
WHEREAS, cigarette butts take one to five years to bieak down and are the item most
frequently discarded as litter in the world; and
WHEREAS, wind and rain often carry cigarette butts into waterways and threaten the
quality of the water; and
WHEREAS, cigarette filters have been found m fish, birds and other animals who
mistake them for food; and
WHEREAS, littering of cigarette butts is a park maintenance concern and very time-
consuming to eradicate; and
WHEREAS, due to the health consequences of secondhand smoke and t..'le environmental
impacts, staff reco=ends establishing an ordinance prohibiting smoking in City parks.
WHEREAS, it is the intent of the City Council in enacting this ordinance, to provide for
the health, safety, and welfare of the public by discouraging the inherently dangerous behavior of
tobacco use around non-tobacco users by protecting children from exposure to smoking and
tobacco while they use the playground equipment, play sports, or enjoy being outside with
family or friends; by reducing the potential for children to associate smoking and tobacco with a
healthy lifestyle; and by affirming and promoting the family aunosphere of the City's public
parks.
NOW, THEREFORE, THE CITY C01JNCIL OF THE CITY OF CHULA VISTA DOES
ORDAIN AS FOLLOWS:
SECTION 1: Section 8.22.030 is hereby amended to add Subsection D, as follows:
D. No person shall smoke in any portion of Independence Park or Rancho Del
Rey Park.
SECTION 2: This ordinance shall take effect and be in full force thirty days from its adoption.
Presented by
Approved as to form by
Dave Byers
Director of Public Works Operations
~~fu~)i
Ann Moore '
City Attorney
35-7
,
I
R'\\O~
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~~
ORDINANCE OF THE CITY OF _C~ VISTA
AMEr..'DING SECTION 8.22.030 OF. t#E MUNICIPAL
CODE TO PROHIBIT SMOKING IN' A.NY PORTION OF
MEMORIAL PARK AND DISCOVERY,'}> ARK
ORDINA."'JCE NO. 2006-
WHEREAS, smoking is the single most important source or preventable disease in
California; and
WHEREAS, the World Health Organization (VlHO) estimates that by 2030, tobacco will
account for 10 million deaths per year, making it the greatest cause of death worldwide; and
WHEREAS, the United States Environmental Protection Agency (EPA) has found
secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group
A carcinogen, the most dangerous class of carcinogen; and
VlHEREAS, secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at
least 43 are distinct cancer-causing chemicals, especially harmful to young children and children
with asthma; and
WHEREAS, exposure to secondhand smoke is the third leading cause of preventable
death in this country, killing over 52,000 nonsmokers each year, including 3,000 deaths from
lung cancer; and
WHEREAS, between 4,200 and 7,440 nonsmokers die of ischemic heart disease from
secondhand smoke each year in California; and
WHEREAS, 87.9 percent of nonsmokers showed detectible levels of cotmme (a
metabolite of nicotine) in their blood., the most likely source of which is secondhand smoke
exposure; and
WHEREAS, secondhand smoke exposure adversely affects fetal growth with elevated
risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SillS) in infants
of mothers who smoke; and
WHEREAS, secondhand smoke exposure causes as many as 300,000 children in the
United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis,
exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in
children; and
WHEREAS, secondhand smoke bas been ruled to be in the same class of toxic air
pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and
WHEREAS, secondhand smoke bas been linked to lower test scores, asthma, and
numerous other health risks for children; and
3~-1
Page 2
o?'\\O~
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~l>-\)\\"
~\) '?'
WHEREAS, when children see adults smoking in a family-~9 place, it "normalizes"
smoking, thereby making children more likely to try tobacco products; and
Ordinance No, 2006-
. .
WHEREAS, cigarette butts take one to five years to bU':llt. down and are the item most
frequently discarded as litter in the world; and '
WHEREAS, wind and rain often carry cigarette butts into waterways and threaten the
quality of the water; and
WHEREAS, cigarette filters have been found in fish, birds and other animals who
mistake them for food; and
WHEREAS, littering of cigarette butts is a park maintenance concern and verY time-
consuming to eradicate; and
WHEREAS, due to the health consequences of secondhand smoke and the environmental
impacts, staffreco=ends establishing an ordinance prohibiting smoking in City parks.
WHEREAS, it is the intent of the City Council in enacting this ordinance, to provide for
the health, safety, and welfare of the public by discouraging the inherently dangerous behavior of
tobacco use around non-tobacco users by protecting children from exposure to smoking and
tobacco while they use the playground equipment, play sports, or enjoy being outside with
family or friends; by reducing the potential for children to associate smoking and tobacco with a
healthy lifestyle; and by affirming and promoting the family atmosphere of the City's public
parks.
NOW, TIffiREFORE, THE CITY COUNCil- OF THE CITY OF CHULA VISTA DOES
ORDAIN AS FOLLOWS:
SECTION I: Section 8.22.030 is hereby amended to add Subsection E, as follows:
E. No person shall smoke in any portion of Memorial Park or DiscoverY Park.
SECTION 2: This ordinance shall take effect and be in full force thirty days from its adoption.
Presented by
Approved as to form by
~~~~~
Ann Moore
City Attorney
Dave Byers
Director of Public Works Operations
3C - z...
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,
DO?\\O~
ORDINANCE NO. 2006- ?o.~\)\~~ Jl-~\) f>(
Sr:.CO~\)
ORDINANCE OF THE CITY OF CHULA VISTA A.MENDING
SECTION 8.22.30 OF THE MUNICIPAL C,ODE TO PROHIBIT
SMOKING IN ANY PORTION OF AL~ qTY PARK NOT
SPECIFICALL Y DESIGNATED IN TIDS SECtION
'NHEREAS, smoking is the single most important source or preventable disease in
California; and
'NHEREAS, the World Health Organization (WHO) estimates that by 2030, tobacco will
account for IO million deaths per year, making it the greatest cause of death worldwide; and
'NHEREAS, the United States Environmental Protection Agency (EP A) has found
secondhand smoke to be a risk to public health, and has classified secondhand smoke as a group
A carcinogen, the most dangerous class of carcinogen; and
WHEREAS, secondhand smoke contains over 4,000 chemicals - 2,000 are poisons and at
least 43 are distinct cancer-causing chemicals, especially harmful to young children and children
with asthma; and
w1fEREAS, exposure to secondhand smoke is the third leading cause of preventable
death in this country, killing over 52,000 nonsmokers each year, including 3,000 deaths from
lung cancer; and
WHEREAS, between 4,200 and 7,440 nonsmokers die of ischemic heart disease from
secondhand smoke each year in California; and
w1fEREAS, 87.9 percent of nonsmokers showed detectible levels of cotinine (a
metabolite of nicotine) in their blood, the most likely source of which is secondhand smoke
exposure; and
WHEREAS, secondhand smoke exposure adversely affects fetal grOV/th with elevated
risk of low birth weight, and increased risk of Sudden Infant Death Syndrome (SmS) in infants
of mothers who smoke; and
w1fEREAS, secondhand smoke exposure causes as many as 300,000 children in the
United States to suffer from lower respiratory tract infections, such as pneumonia and bronchitis,
exacerbates childhood asthma, and increases the risk of acute chronic middle ear infection in
chil dren; and
WHEREAS, secondhand smoke has been ruled to be in the same class of toxic air
pollutant as arsenic, benzene and diesel exhaust by the California Air Resource Board; and
WHEREAS, secondhand smoke has been linked to lower test scores, asthma, and
numerous other health risks for children; and
3D-j
Ordinance No. 2006-
Page 2
. DO'ti\O~
?V\)\~G t>-~\) ~
S~CO~'0
WHEREAS, when children see adults smoking in a family-friendly place, it "normalizes"
smoking, thereby making children more likely to try tobacco products; and
WHEREAS, cigarette butts take one to five years to break,down and are the item most
frequently discarded as litter in the world; and '
WHEREAS, wind and rain often carry cigarette butts into waterways and threaten the
quality 0 f the water; and
WHEREAS, cigarette filters have been found ill fish., birds and other animals who
mistake them for food; and
WHEREAS, littering of cigarette butts is a park maintenance concern and very time-
consuming to eradicate; and
WHEREAS, due to the health consequences of secondhand smoke and the enviro=ental
impacts, staff recommends establishing an ordinance prohibiting smoking in City parks; and
WHEREAS, this ordinance shall apply to all city-owned parks within the boundaries of
the City of Chula Vista., with the following exceptions: Friendship Park, Independence Park,
Rancho del Rey Park, Memorial Park, and Discovery Park, which are specifically designated in
section 8.22.030; and
WHEREAS, it is the intent of the City Council in enacting this ordinance, to provide for
the health., safety, and welfare of the public by discouraging the inherently dangerous behavior of
tobacco use around non-tobacco users by protecting children from exposure to smoking and
tobacco while they use the playground equipment, play sports, or enjoy being outside with
family or friends; by reducing the potential for children to associate smoking and tobacco with a
healthy lifestyle; and by affirming and promoting the family atmosphere of the City's public
parks.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES
ORDAIN AS FOLLOWS:
SECTION I: Section 8.22.030 is hereby amended to add Subsection F, as follows:
F. No person shall smoke in any portion of any other City park not specifically
designated in this section.
SECTION 2: This ordinance shall take effect and be in full force thirty days from its adoption.
Presented by
Approved as to form by
Dave Byers
Director of Public Works Operations
~~\'bffi~,
Ann Moore
City Attorney
3.D-2
COUNCIL AGENDA STATEMENT
Item Li
Meeting Date 10/17/06
ITEM TITLE:
Resolution Accepting for filing the Final Engineer's Report for
Assessment District 2005-1 (Tobias Dr:ive)
.
Resolution Accepting the deferral of assessments and establishing
the rate of interest of 5 percent per year and the financing period of a
maximum of ten years applied to the deferrals for Assessment District 2005-1
(Tobias Drive)
Resolution Authorizing the placement of a lien on the assessed
property at the same time and in the same manner as other city taxes are
collected for Assessment District 2005-1 (Tobias Drive)
SUBMITTED BY:
Director OfGe~service~ ~
City Manager r/ I
(4/5ths Vote: Yes _ NoX)
REVIEWED BY:
On March 27,2006, pursuant to the Improvement Act of1913 (the "Block Act") and Article XIIID
of the Constitution of the State of California ("Article XIIID"), Council adopted Resolution No.
2006-071 awarding a contract in the amount of $666,910.00 for the construction of the "Tobias
Drive Between Naples Street and Oxford Street in the City of Chula Vista, California (STL-301)"
Project to MJC Construction, Inc. The work is now complete and a resolution must now be
approved to accept filing of the Engineer: s Report on the cost of construction, to approve the deferral
of assessments and establishing the rate of interest and financing period applied to deferrals for
assessment, and to authorize the collection of assessments on the County tax roll.
RECOMMENDATION: That Council adopt resolutions.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On July 19, 2005 Council adopted Resolutions 2005-255, 2005-256, and 2005-257 (Attachment A).
Resolution 2005-255 accepted a petition signed by the property owners along Tobias Drive (Naples
Street to Oxford Street) for the formation of an assessment district pursuant to the Block Act to
finance the construction of missing sidewalk improvements. Resolution 2005-256 adopted a map
showing the proposed boundaries for Assessment District No. 2005-1. Resolution 2005-257
declared the intent to form Assessment District No. 2005-1, approved the Preliminary Engineer's
Report, ordered the installation of certain improvements on Tobias Drive, set the time and place for a
public hearing, and ordered the initiation of Assessment Ballot proceedings.
4-1
Page 2, Item 4
Meeting Date 10/17/06
Cost Information
The following cost information was obtained from the Preliminary Engineer's Report and was
included on the property owners' Assessment Ballots as the amount of the assessment proposed to be
levied against each respective parcel. The total project cost, ..yhich includes construction and staff
costs, was estimated to be $1,011,100.00, of which the property oymers' share was estimated to be
$210,170.00 to cover the costs of constructing the concrete driveways and any private improvements
relocation. These ballots were subsequently mailed to the property owners on July 20,2005.
Address Parcel Number Preliminary Assessment
1101 Tobias Drive 619-162-01-00 $4,680.00
1109 Tobias Drive 619-162-02-00 $7,180.00
1115 Tobias Drive 619-162-03-00 $4,770.00
1119 Tobias Drive 619-162-04-00 $5,960.00
1123 Tobias Drive 619-162-05-00 $6,900.00
1129-31 Tobias Drive 619-162-06-00 $6,990.00
1133 Tobias Drive 619-162-07-00 $4,710.00
1139 Tobias Drive 619-162-08-00 $5,440.00
1143-45 Tobias Drive 619-162-09-00 $4,630.00
1149 Tobias Drive 619-162-10-00 $4,900.00
1155 Tobias Drive 619-163-11-00 $6,760.00
1159 Tobias Drive 619-163-12-00 $4,500.00
1163 Tobias Drive 619-163-13-00 $4,360.00
1169 Tobias Drive 619-163-14-00 $5,120.00
1175 Tobias Drive 619-163-15-00 $4,110.00
1179 Tobias Drive 619-163-16-00 $4,360.00
1183 Tobias Drive 619-163-17-00 $4,360.00
1187 Tobias Drive 619-163-18-00 $5,320.00
1191 Tobias Drive 619-163-19-00 $4,360.00
1102 Tobias Drive 619-152-14-00 $9,030.00
1108 Tobias Drive 619-152-13-00 $7,170.00
1114 Tobias Drive 619-152-12-00 $4,630.00
1118 Tobias Drive 619-152-11-00 $7,030.00
1124 Tobias Drive 619-161-01-00 $5,170.00
1128-30 Tobias Drive 619-161-02-00 $4,900.00
1134 Tobias Drive 619-161-03-00 $5,170.00
1138 Tobias Drive 619-161-04-00 $6,440.00
1144 Tobias Drive 619-161-05-00 $5,170.00
1148 Tobias Drive 619-161-06-00 $4,360.00
1156 Tobias Drive 619-163-10-00 $4,900.00
1158 Tobias Drive 619-163-09-00 $4,360.00
1160 Tobias Drive 619-163-08-00 $5,040.00
1168 Tobias Drive 619-163-01-00 $7,180.00
1174 Tobias Drive 619-163-02-00 $4,380.00
1178 Tobias Drive 619-163-03-00 $4,360.00
1184 Tobias Drive 619-163-04-00 $4,360.00
1188 Tobias Drive 619-163-05-00 $5,040.00
1192 Tobias Drive 619-163-06-00 $7,030.00
1198 Tobias Drive 619-163-07-00 $5,040.00
TOTAL $210,170.00
4-2
Page 3, Item '1
Meeting Date 10/17/06
On September 13, 2005 Council held the public hearing on the Tobias Drive sidewalk
improvements. There was no public testimony, so the hearing was closed and ballots were tabulated.
Since greater than 50% of the property owners, based on property frontage, voted in favor of the
proposed assessments, Council adopted Resolution No. 2005-313 (Attachment B), which ordered the
installation of improvements in accordance with Article XIIIJ:) o(the California Constitution.
In accordance with Section 20852 of the Public Contract Code, the City advertised and obtained
sealed bids as part of a formal bidding process and awarded the contract to the lowest responsible
bidder. On March 7, 2006, Design Staff received and opened bids from six contractors for the
construction phase:
CONTRACTOR BID AMOUNT
I. Jimenez Inc. DBA MJC Construction $666,910.00
2. Portillo Concrete, Inc. $685,575.00
3. Frank & Son Paving, Inc. $794,260.02
4. Daley Corporation $826,911.50
5. Heffler Company Inc. $863,403.80
6. Scheidel Contracting and Engineering Inc. $947,625.00
The low bid by Jimenez Inc. DBA MJC Construction, Inc. of$666,9l0.00 was $7,999.00 (1.21 'Yo)
above the Engineer's estimate of $65 8,911. 00. The Engineer's estimate was based on average prices
for similar types of work completed during the last three years. Staff reviewed the low bid and
recommended awarding a contract in the amount of $666,910.00 to Jimenez Inc. DBA MJC
Construction (March 7, 2006, Resolution 2006-071).
MJC Construction, Inc. completed the construction of improvements. Ofthe total construction costs,
only concrete driveways and private improvement relocation were assessed to the property owners.
The final construction costs for the property owners' responsibilities totaled $115,178.00.
Final Cost
Staff has completed the accounting of the expenditures and apportionment to property owners, as
shown in the Engineer's Report (Attachment C). This document amends the Preliminary Engineer's
Report adopted by Council on July 19, 2005. Since the amounts now allocated to the property
owners based on actual construction costs are equal to or less than the amounts originally included
on the homeowners' ballots, an additional assessment ballot proceeding will not be required. The
following amounts will be assessed to each property owner. These amounts are based only on
construction costs for the driveway aprons and the relocation of private improvements. Preliminary
cost estimates were based on estimated driveway quantities and estimated costs for the relocation of
private improvements. Final assessments are based on actual quantities and the actual cost ofthe
relocation of the private improvements. Driveway quantities may have increased or decreased from
the preliminary estimates, due to necessary field adjustments during construction.
4-3
Page 4, Item 4-
Meeting Date 10/17/06
Property Address Parcel Number Preliminary Assessment Final Assessment
1101 Tobias Drive 619-162-01-00 $4,680.00 $3,185.00
1109 Tobias Drive 619-162-02-00 $7,180.00 $4,810.50
1115 Tobias Drive 619-162-03-00 $4,770.00 $2,014.00
1119 Tobias Drive 619-162-04-00 $5,960.00' . $2,110.50
1123 Tobias Drive 619-162-05-00 $6,900.00 $3,889.50
1129-31 Tobias Drive 619-162-06-00 $6,990.00 $4,704.50
1133 Tobias Drive 619-162-07-00 $4,710.00 $3,948.00
1139 Tobias Drive 619-162-08-00 $5,440.00 $2,338.00
1143-45 Tobias Drive 619-162-09-00 $4,630.00 $2,198.00
1149 Tobias Drive 619-162-10-00 $4,900.00 $2,219.00
1155 Tobias Drive 619-163-11-00 $6,760.00 $2,957.50
1159 Tobias Drive 619-163-12-00 $4,500.00 $2,509.00
1163 Tobias Drive 619-163-13-00 $4,360.00 $1,435.00
1169 Tobias Drive 619-163-14-00 $5,120.00 $1,942.50
1175 Tobias Drive 619-163-15-00 $4,110.00 $948.50
1179 Tobias Drive 619-163-16-00 $4,360.00 $2,023.00
1183 Tobias Drive 619-163-17-00 $4,360.00 $1,337.00
1187 Tobias Drive 619-163-18-00 $5,320.00 $4,340.00
1191 Tobias Drive 619-163-19-00 $4,360.00 $2,415.00
1102 Tobias Drive 619-152-14-00 $9,030.00 $4,608.00
1108 Tobias Drive 619-152-13-00 $7,170.00 $3,423.00
1114 Tobias Drive 619-152-12-00 $4,630.00 $4,630.00
1118 Tobias Drive 619-152-11-00 $7,030.00 $4,539.50
1124 Tobias Drive 619-161-01-00 $5,170.00 $4,030.00
1128-30 Tobias Drive 619-161-02-00 $4,900.00 $2,915.50
1134 Tobias Drive 619-161-03-00 $5,170.00 $5,170.00
1138 Tobias Drive 619-161-04-00 $6,440.00 $3,773.50
1144 Tobias Drive 619-161-05-00 $5,170.00 $2,100.00
1148 Tobias Drive 619-161-06-00 $4,360.00 $2,121.00
1156 Tobias Drive 619-163-10-00 $4,900.00 $1,729.00
.1158 Tobias Drive 619-163-09-00 $4,360.00 $4,360.00
1160 Tobias Drive 619-163-08-00 $5,040.00 $3,923.50
1168 Tobias Drive 619-163-01-00 $7,180.00 $4,158.00
1174 Tobias Drive 619-163-02-00 $4,380.00 $1,631.00
1178 Tobias Drive 619-163-03-00 $4,360.00 $1,617.00
1184 Tobias Drive 619-163-04-00 $4,36000 $1,771.00
1188 Tobias Drive 619-163-05-00 $5,040.00 $2,121.00
1192 Tobias Drive 619-163-06-00 $7,030.00 $3,216.50
1198 Tobias Drive 619-163-07-00 $5,040.00 $2,016.00
TOTAL $210,170.00 $115,178.00
Following confirmation ofthe final assessments, the property owners had the option of paying any
portion of the assessments during the 30-day payoff period following the completion of
improvements and confirmation of assessments. For Assessments not fully paid during that time,
Section 5895 of the Streets and Highways Code permits the City to collect the unpaid balance over a
maximum period often years, together with interest on the unpaid principal at a maximum rate of7
percent per year. Based on the current interest rates, the City will charge 5 percent interest for a
period often years. Property owners had the option to pay the balance of their assessments at any
4-4
Page 5, Item 4-
Meeting Date 10/17/06
time during the 30-day repayment period without penalty. This period ended on August 31, 2006.
The remaining balance will be paid on tax rolls beginning in Fiscal Year 2007-08.
The assessment taxes shall be collected in the same manner as ad valorem property taxes and shall be
subject to the same penalties, procedure, sale and lien pri~rity in any case of delinquency as
applicable for ad valorem taxes.
DECISION MAKER CONFLICT:
Staff has reviewed the property holdings of the City Council and has found no property holdings
within 500 feet of the boundaries of the property, which is the subject of this action.
FISCAL IMPACT:
A total of $769,056 was appropriated from the Jobs to Housing fund, $192,688 was appropriated
from the Residential Construction Tax (RCT) fund, and $97,055 was appropriated from Community
Development Block Grant (CDBG) fund for planning, design work, and construction of missing
sidewalk improvements and pavement reconstruction along Tobias Drive between Naples Street and
Oxford Street. A total of $115,178.00 shall be the property owner's share (concrete driveway
aprons and private improvement relocation) of the total construction cost.
The amount of$115, 178.00 received from the property owner's share will reimburse the RCT fund
for future Assessment Districts.
Attachments:
A. Resolutions 2005-255, 2005-256, 2005-257
B. Resolution 2005-313
C. Engineer's Report
M:\General Services\GS Administration\Council Agenda\STL~301 Tobias Drive\Final Assessment\Tobias Drive Const Assessment AID.doc
4-5
f>.TrAc-'r\~N.\ A.
RESOLUTION NO. 2005-255
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A PETITION REQUESTING THE
FORMATION OF AN ASSESSMENT DISTRlCr FOR TOBIAS
DRlVE (NAPLES STREET TO OXFORD STREET) FOR THE
PURPOSE OF FINANCING THE CONSTRUCTION OF
STREET IMPROVEMENTS
WHEREAS, the City Council of the City of Chula Vista has been presented and has
received a petition from certain property owners requesting the installation of certain sidewalk
improvements, together with appurtenances and appurtenant work in connection therewith, such
improvements (0 be installed pursuant to the provisions and authority of the "Municipal
Improvement Act of 1913," being Division 12 of the Streets and Highways Code of the State of
California and City Council Ordinance No. 2952; and
WHEREAS, such petition requests that such improvements be financed through the
formation of an assessment district, such assessment district to be known and designated as
Assessment District No. 2005-1 (Tobias Drive) (Assessment District).
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION]. The above recitals are all true and correct.
SECTION 2. It is hereby found that:
A. Such petition has been signed by the owners owning land constituting more than sixty
percent (60%) of (i) the front footage of the unimproved portion of the block requested
by such owners to be improved and (ii) all assessable land proposed to be included within
the boundaries of the Assessment District.
B. Such petition meets all of the requirements of the "Special Assessment Investigation,
Limitation and Majority Protest Act of 1931," being Division 4 of the Streets and
Highways Code of the State of California
C. The property owners have waived the sixty (60) day period within which such owners are
required to construct the sidewalk improvements.
SECTION 3. No further proceedings or limitations under the Investigations Act shall be
applicable to these proceedings.
SECTION 4. This petition shall be as a part of the record of these proceedings and shall be
open to public inspection as required by law.
4-6
Resolution No. 2005-255
Page 2
Presented by
Approved as to form by
Jack
Gene
6--. ~
Ann Moore
City Attorney
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of July, 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
,d~RIU
A TIEST:
~L J. tl... t==3~ ) ,~ ....)
Susan Bigelow, MMC, City . erk
STATE OF CALIFORNlA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
Resolution No. 2005-255 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of July, 2005.
Executed this 19th day of July, 2005.
~d'~~~
Susan Bigelow, MMC, City C k
4-7
RESOLUTION NO. 2005-256
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING A MhJ> 'SHOWING THE
PROPOSED BOUNDARIES FOR ASSESSMENT DISTRICT
NO. 2005.1 (TOBIAS DRIVE)
WHEREAS, the City Council of the City of Chula Vista has been presented and has
received a map showing and describing the boundaries of the area proposed to be assessed in an
assessment district under the provisions and authority of the "Municipal Improvement Act of
1913," being Division 12 of the Streets and Highways Code of the State of California and City
Council Ordinance No. 2952; said assessment district known and designated as Assessment
District No. 2005-1 (Tobias Drive) (the "Assessment District").
NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. The above recitals are all true and correct.
SECTION 2. A map showing the boundaries of the proposed Assessment District and lands and
property to be assessed to pay the costs and expenses of the proposed acquisition
of certain public Improvements designated as "Proposed Boundaries of
Assessment District No. 2005-1 (Tobias Drive)" is hereby submitted, and the
same is hereby approved and adopted.
SECTION 3. The original map of the boundaries of the proposed Assessment District and one
copy thereof is to be filed in the Office of the City Clerk.
SECTION 4. A certificate shall be endorsed on the original and on at least one copy of the map
of the Assessment District, evidencing the date and adoption of this Resolution.
and within fifteen (15) days after the adoption of the Resolution fixing the a time
and place of hearing on the formation or extent of the Assessment District, a copy
of such map shall be filed with the correct and proper endorsements thereon with
the County Recorder, all in the manner and form provided in Section 3111 of the
Streets and Highways Code of the State of California.
Presented by Approved as to form by
~~
Ann Moore
City Attorney
4-8
Resolution No. 2005-256
Page 2
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of July, 2005, by the following vote:
AYES:
Council members:
Castaneda, Davis, McCann, Rindone, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
None
/&#u
ATTEST:
~ 6. 1 ?3-~J0
usan Bigelow, MMC, City lerk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow, City Clerk of Chula Vista, California, do hereby certifY that the foregoing
Resolution No. 2005-256 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of July, 2005.
Executed this 19th day of July, 2005.
~
;. ~6 1 _~'~.)).o
Susan Bigelow, MMC, City CI k
4-9
RESOLUTION NO. 2005-257
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARlNG THE INTENT TO FORM
ASSESSMENT DlSTRlCT NO. 2005-1 (TOI3IAS DRlVE),
APPROVING THE PRELIMINARY ASSESSMENT
ENGINEER'S REPORT, SETTING THE TIME AND PLACE
FOR PUBLIC HEARINGS AND ORDERING THE INITlA nON
OF BALLOT PROCEDURES
WHEREAS, the City Council of the City of Chula Vista (City), has been presented with
and has received a petition from certain property owners requesting the installation of certain
sidewalk improvements, together with appurtenances and appurtenant work in connection
therewith, such improvements to be installed pursuant to the provisions and authority of the
"Municipal Improvement Act of 1913" (being Division 12 of the California Streets and
Highways Code) and City Council Ordinallce No. 2952; and
WHEREAS, the City Council. acting in response to such petition, desires to initiate
proceedings to order the installation of the requested improvements; and
WHEREAS, the City Council, acting in response to such petition, also desires to initiate
proceedings to form an assessment district to pay for the project pursuant to the provisions of the
Streets and Highway Code, Article XIIID of the Constitution of the State of California ("Article
X1IID") and the "Proposition 218 Omnibus Implementation Act" (Government Code Section
53750 and following - the "Implementation Act") (the Municipal Improvement Act of 1913,
Article XIIID and the Implementation Act may be referred to collectively herein as the
"Assessment Law"); and
WHEREAS, the assessment district shall be known and designated as Assessment
District No. 2005-1 (Tobias Drive) (Assessment District); and
WHEREAS, there has been prepared and filed with this legislative body a report (Report)
of the City Engineer, acting as the Assessment Engineer, pertaining to the proposed Assessment
District as provided for in and required by the Assessment Law and the Report has been
presented to this legislative body for its consideration.
NOW. THEREFORE, BE IT RESOLVED AS FOLLOWS:
SECTION 1. Recitals. The above recitals are all true and correcL
SECTION 2. Assessment District. The public interest and convenience requires, and this City
Council hereby declares its intent to form an assessment district to pay for the public
improvements described in section 3, below, and as further described in the report. To the extent
surplus funds exist after completion of the improvements and payment of all claims from the
improvement fund, the City shall distribute those funds in accordance with Section I 0427 of the
Municipal Improvement Act of 1913.
4-10
Resolution No. 2005-257
Page 2
SECTION 3. Description ofImprovements. The public interest and convenience requires, and
this City Council hereby declares its intent to form an assessment district to pay for the following
public improvements:
Curb, gutter, sidewalk and street improvements ai9ng both sides of
Tobias Drive from Naples Street to Oxford Street. More
specifically, property owners shall (only) be required to pay for
driveway aprons and the relocation of private improvements in the
City's right-of-way.
SECTION 4. Plans and Specifications. AIl of the above mentioned improvements shall be
generally constrUcted at the grades, along the lines, between the points, and at the places and in
the manner as shown on the plans and specifications for such improvements designated by the
name and number of the Assessment Dis<uict which are on file in the office of the City Engineer.
F or all particnlars as to the alignment of the improvements and a full and detailed description of
such improvements, referenced is hereby made to such plans and specifications.
SECTION 5. Area of Special Benefit. The improvements, in the opinion of this City Council,
will be of special benefit to the abutting and fronting properties and, subject to support by the
owners of the properties proposed to be assessed of the levy of such assessments pursllilllt to the
assessment ballot procedures described below, this City Council bereby makes the expenses of
such improvements assessable upon the properties within the proposed boundaries of the
Assessment District. For a general description of the Assessment District and area of special
benefit, reference is made to the map of the botUldaries of the Assessment District identified as
"Proposed BotUldaries of Assessment District No. 2005-1 (Tobias Drive)." A copy of such map
is on file in the office of the City Engineer and open to public inspection during normal office
hours of such department.
SECTION 6. Construction of the Imorovements. This City Council finds that the owners of the
properties within the proposed boundaries of the Assessment District have, pursuant to Streets
and Highways Code Section 5879, waived the sixty (60) day period within which such owners
may construct such improvements. Therefore, the City Council hereby orders the Superintendent
of Streets to cause the construction of the improvements. Such order shall be subject to the
condition precedent that the owners of the properties proposed to be assessed for the costs of
such construction support, through the assessment ballot proceedings, the levy of such
assessments.
SECTION 7. Authority for Construction. AIl of the construction proposed shall be done and
carried through and financed pursuant to the applicable provisions of the MtUlicipal
Improvement Act of 1913 and City Council Ordinance No. 2952.
SECTION 8. Approval of the Report. The Report referred to herein above is adopted, passed
upon, and preliminarily approved, and contains the following:
A. The plans and specifications for the improvements proposed to be constructed;
4-11
Resolution No. 2005-257
Page 3
B. The Assessment Engineer's estimate of the itemized and total costs and expenses of the
constrUction of the improvements and of the incidental expenses in connection therewith
contained in the Report including that portion of such costs and expenses representing the special
benefit to be conferred by such improvements on those parcels within the Assessment District;
,
C. The diagram showing the Assessment District and the boundaries and dimensions of the
respective subdivisions of land within such Assessment District. as the sarne existed at the time
of the passage of this resolution, each of which subdivisions have been given a separate number
upon such diagram, as contained in the Report;
D. The proposed assessment upon the several subdivisions of land in the Assessment
District, in proportion to the estimated special benefits to be conferred on such subdivisions,
respectively, by the improvements to be constructed, and of the incidental expenses thereof, as
contained in the Report; and
E. A description of the improvements to be constrUcted.
The Report shall stand as the Report of the Assessment Engineer for the purpose of all
subsequent proceedings had pursuant to the Assessment Law.
SECTION 9. Notice of Public Hearing. Notice is hereby given that a public hearing to consider
protests to the proposed assessments is hereby scheduled to be held at the City Council meeting
room of the City of Chula Vista located at 276 Fourth Avenue, Chula Vista. California on
September 13, 2005 at 6:00 p.m. As such public hearing, the City Council will hear and pass
upon objections or protests, if any, which may be raised orally or in writing by any property
ov,'I1er or any other interested person.
In addition, pursuant to the provisions of the Assessment Law, each record owner of
property proposed to be assessed bas the right to submit an assessment ballot in favor of or in
opposition to the proposed assessment.
Assessment ballots will be mailed to the record owner of each parcel located within the
Assessment District and subject to a proposed assessment. Each such owner may complete such
assessment ballot and thereby indicate their support for or opposition to the proposed assessment.
All such assessment ballots must be received by the City Clerk at the following address at or
before the time set for the close of the public hearing:
City Clerk, City of Chula Vista
276 Fourth Avenue
Chula Vista, CaliforrJa 91910
An assessment ballot received after the close of the public hearing will not be tabulated
even though the postmark on the envelope transmitting the assessment ballot is dated on or
before the date of the public hearing.
4-12
Resolution No. 2005-257
Page 4
At the conclusion of the public hearing, the City COllllCil shall cause the final tabulation
of the assessment ballots timely received. If a majority protest exists, the City Council shall not
impose an assessment within the Assessment District. A majority protest exists if, upon the
conclusion of the public hearing, assessment ballots submitted in opposition to the assessments
within the Assessment District exceed the assessment ballots submitted in favor of such
assessments. In tabulating the assessment ballots. the assessment ballots shall be weighted
according to the proportional financial obligation of the affected property.
SECTION 10. Order to Provide Notice. The City Clerk is hereby directed to mail or cause to be
mailed notice of the public hearing and the adoption of this and of the filing of the Report,
together with the assessment ballot materials, to the record owner of all real property proposed to
he assessed.
Presented by
Approved as to form by
~~
Ann Moore
City Attorney
4-13
Resolution No. 2005-257
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 19th day of July, 200S, by the following vote:
AYES:
Councilmembers:
Castaneda, Davis: McCann, Rindone, and Padilla
NAYS:
CowlCilmembers:
None
ABSENT:
Councilmembers:
None
~ A' ;?""j /:,
Stephen C. Padilla Mayor
ATTEST:
~an Big~~w~ ~2~~~~ f) In ~
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
1, Susan Bigelow, City Clerk of Chula Vista, California, do hereby eertifY that the foregoing
Resolution No. 2005-257 was duly passed., approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 19th day of July, 2005.
Executed this 19th day of July, 200S.
-; ~~~J~
Susan Bigelow, MMC, City Cler
4-14
p."Ac..,..\,J\crSl 13.
RESOLUTION NO. 2005-313
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA DECLARING THE RESULTS OF THE
ASSESSMENT BALLOT TABULATION FOR ASSESSMENT
DISTRICT NO. 2005-1 (TOBIAS DRIVE), MAKING FINDINGS
PURSUANT TO THE IMPROVEMENT ACT OF 1913 AND
ARTICLE XIIID OF THE CONSTITUTION OF THE STATE OF
CALIFOR."I'IA, AND ORDERING THE CONSTRUCTION OF
IMPROVEMENTS
WHEREAS, the City Council of the City of Chula Vista (City), has been presented with
and has received a petition from certain property owners requesting the installation of certain
sidewalk improvements and related appurtenancc work (Improvements), such Improvements to
be installed pursuant to the provisions and authority of the "Municipal Improvement Act of
1913" (being Division 12 of the Streets and Highways Code of the State ofCalifomia) and City
Council Ordinance No. 2952; and
WHEREAS, this City Council, acting in response to such petition, initiated proceedings
to form an assessment district to pay for the project pursuant to the provisions of the Streets and
Highway Code, Article XIIID of the Constitution of the State of California (Article XIIID) and
the "Proposition 218 Omnibus Implementation Act" (Government Code Section 53750, el seq.
the "Implementation Act") (the Municipal Improvement Act of 1913, Article XIIlD and the
Implementation Act may be referred to collectively as the "Assessment Law"); and
WHEREAS, the assessment district has been designated as Assessment District No.
2005-1 (Tobias Drive) (Assessment District); and
WHEREAS, a report of the Assessment Engineer (preliminary Assessment Engineer's
Report), required by the Assessment Law was previously presented, considered and preliminarily
approved; and
\VHEREAS, the Preliminary Assessment Engineer's Report as preliminarily approved
was prepared and contained all the matters and items called for pursuant to the provisions of the
Assessment Law. including the following:
A. Plans and specifications of the Improvements;
B. An estimate of the cost of the construction of the Improvements, including the
cost of the incidental expenses, in connection therewith, including that portion of
such costs and expenses representing the special benefit to be conferred by such
Improvements on the parcels within the Assessment District;
C. A diagram showing the Assessment District, which also shows the boundaries and
dimensions of the respective subdivisions of land within such Assessment
District, with each of which subdivisions given a separate number upon such
diagram;
4-15
Resolution No. 2005-313
Page 2
D. The proposed assessment of the assessable costs and expenses of the construction
of the Improvements upon the several divisions of land in the Assessment District
in proportion to the estimated special benefits to be conferred on such
subdivisions, respectively, by such Improvements. Such assessment refers to
such subdivisions upon such diagram by the respeCtive numbers thereof; and
E. A description of the Improvements.
WHEREAS, notices of such hearing accompanied by assessment ballot materials were
regularly mailed in the time, form and manner required by the Assessment Law and as evidenced
by a certificate on file with the transcript of these proceedings, a full hearing has been given; and
WHEREAS, at this time all assessment ballots submitted pursuant to the Assessment
Law have been tabulated, all in the manner provided by the Assessment Law; and
WHEREAS, at this time this City Council determines that the assessment ballots received
by the City in favor of the proposed assessment, and weighted as required by the Assessment
Law, exceed the assessment ballots received in opposition to the assessment and similarly
weighted and, therefore, a majority protest pursuant to the Assessment Law does not exist.
NOW, THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS:
SECTIONl. RECITALS. The above recitals are all true and correct.
SECTION 2. ASSESSMENT BALLOT TABULATION. The assessment ballots submitted
pursuant to the Assessment Law in favor of the proposed assessment, and weighted as required
by the Assessment Law, exceed the assessment ballots submitted in opposition to such proposed
assessment and similarly weighted and it is therefore determined that a majority protest pursuant
to Assessment Law to the levy of the proposed assessments does not exist.
SECTION 3. SPECIAL BENEFITS RECEIVED. Based upon the Preliminary Assessment
Engineer's Report and the testimony and other evidence received at the public hearing, it is deter-
mined that:
A. All properties within the boundaries of the Assessment District receive a special
benefit from the Improvements;
B. The proportionate special benefit derived by each parcel proposed to be assessed
has been determined in relationship to the entirety of the cost of construction of
the Improvements;
C. No assessment is proposed to be imposed on any parcel which exceeds the
reasonable cost of the proportional special benefit to be conferred on such parcel
from the Improvements;
D. Only special benefits have been assessed; and
4-16
Resolution No. 2005-313
Page 3
E. There are no parcels which are owned or used by any agency as such term is
defined in Article XlIlD, the State of California or the United States that specially
benefit from the Improvements.
SECTION 5. CONSTRUCTION OF THE IMPROVEMENTS. 7his City Council finds that the
owners of the properties within the proposed boundaries of the Assessment District have,
pursuant to Streets and Highways Code Section 5879, waived the sixty (60) day period within
which such owners may construct such improvements. Therefore, the City Council orders the
Superintendent of Streets to cause tbe construction of the improvements.
SECTION 6. AUTHORITY FOR CONSTRUCTION. All of the construction proposed shall
be done and carried through and financed pursuant to the applicable provisions of the Municipal
Improvement Act of 1913 and City Council Ordinance No. 2952.
SECTION 7. FINAL ASSESSMENT ENGINEER'S REPORT. Upon the completion of the
construction of the Improvements, the Superintendent of Streets is ordered to prepare and file
with this City Council a Final Assessment Engineer's Report that shall contain all of the
information contained in the Preliminary Engineer's Report modified to reflect the actual cost of
construction of the Improvements. If the actual construction costs of the District's improvements
do not exceed the cost estimate included in the Final Engineer's Report and reflected in the
assessments shown on the assessment ballots, the assessments shall be reduced by City Council
resolution without a public hearing. Conversely, if the actual construction costs do exceed the
cost estimate included in the Final Engineer's Report and recovery of such excess costs would
require an increase in the assessments previously levied, approval of such increase in the
assessments shall require a subsequent public hearing and assessment ballot proceeding.
Resolution No. 2005-313
Page 4
PASSED. APPROVED, and ADOPTED by the City Council of the City of Chula Vista,
California, this 13th day of September. 2005, by the following vote:
AYES:
Councilmembers:
Castaneda, McC!lIIIl, and Padilla
NAYS:
Councilmembers:
None
ABSENT:
Councilmembers:
Davis. Rindone
sA,,e~
ATTEST:
-~ljbL~~~
Susan Bigelow, MMC, City C erk
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO )
CITY OF CHULA VISTA )
I, Susan Bigelow. City Clerk of Chula Vista, California, do hereby cenify that the foregoing
Resolution No. 2005-313 was duly passed, approved, and adopted by the City Council at a
regular meeting of the Chula Vista City Council held on the 13th day of September, 2005.
Executed this 13th day of September, 2005.
,
~LL1..b I =-,~ ~ J ""'.
Susan Bigelow, MMC, City Cl k
)
4-18
/X:'0/>.L..~,^~.:n. c..,
ENGINEER'S REPORT
TOBIAS DRIVE SIDEWALK IMPROVEMENTS
1913 ACT
ASSESSMENT DISTRICT
AD 2005-01
SEPTEMBER 6, 2006
4-19
Backeround
Tobias Drive, between Naples Street and Oxford Street in 'Chula Vista, is a residential
street with 60-foot width of right-of-way and is located within the Castle Park area of the
City of Chula Vista. The Castle Park area is generally bounded by Third Avenue tD the
west, HilltDp Drive to the east, Naples Street to the north, and PalDmar Street to the south.
Prior tD Dur street improvement project, existing improvements alDng Tobias Drive
generally consisted of asphaltic CDncrete pavement with nD curb-and-gutter.
In NDvember 2003, thirty Tobias Drive property owners submitted a petitiDn tD the City
requesting the initiatiDn Df proceedings to form an assessment district in accDrdance with
the Improvement Act of 1913. This district would finance the construction of the missing
curb, gutter and sidewalk and Dther street improvements along Tobias Drive, [yom Naples
Street to OxfDrd Street. Subsequently, on July 13, 2005, the City conducted a public
hearing approving the fDrmation Df the Assessment District, making findings pursuant to
the Improvement Act Df 1913 and Article XmD Df the ConstitutiDn of the State of
CalifDrnia, and Drdering the cDnstructiDn Df improvements. On March 7, 2006, the City
Council accepted bids and awarded the cDntract for the constructiDn of street
improvements on Tobias Drive. The final construction plans were based on cDmmunity
meetings and input from the public to address property owners' concerns.
The City cllnently has a policy regarding participation in 1913 Block Act proceedings.
According tD this pDlicy, the City will provide all engineering, inspection and
administrative services at no cost tD the property owners. It is the City's responsibility tD
relocate or replace all existing public improvements, which would be in conflict with the
new improvements, including utilities, and costs assDciated with cDnstruction of the curb,
gutter and sidewalk, and street reconstruction. These costs wDuld not be assessed to the
property Dwners. The property Dwners would be responsible tD pay for all costs
associated with the driveway apron construction and any costs associated with the
relocation of private improvements (only if private improvements were originally located
in the public right-of-way prior tD construction).
2
4-20
Overall Desien and Cost Estimate
The project area and general location of improvements are shown on Exhibit A, the Final
Boundary Map for Assessment District 2005-1, Tobias Drive. The properties, which will
benefit from these improvements and would be a part .of the district including the
Preliminary Assessments, are as follows:
Address Parcel Number Preliminary Assessment
II 0 1 Tobias Dnve 619-162-01-00 $4,680.00
1109 Tobias Drive 619-162-02-00 $7,180.00
, 1115 Tobias Drive 619-162-03-00 $4,770.00
1119 Tobias Drive 619-162-04-00 $5,960.00
1123 Tobias Drive 619-162-05-00 $6,900.00
1129-31 Tobias Drive 619-162-06-00 $6,990.00
1133 Tobias Drive 619-16? -07 -00 $4,710.00
1139 Tobias Drive 619-162-08-00 $5,440.00
1143-45 Tobias Drive 619-162-09-00 I $4,630.00
1149 Tobias Drive 619-162-10-00 $4,900.00
1155 Tobias Drive 619-163-11-00 $6,760.00
1159 Tobias Drive 619-163-12-00 $4.500.00
1163 Tobias Drive I 619-163-13-00 $4,360.00
1169 Tobias Dnve 619-163-14-00 $5,120.00
1175 Tobias Drive 619-163-15-00 $4,110.00
1179 Tobias Drive 619-163-16-00 $4,360.00
1183 Tobias Drive 619-163-17-00 $4.360.00
1187 Tobias Drive 619-163-18-00 $5,320.00
1191 Tobias Drive 619-163-19-00 $4,360.00
1102 Tobias Drive 619-152-14-00 $9,030.00
1108 Tobias Drive 619-152-13-00 $7,170.00
1114 Tobias Drive 619-152-12-00 $4,630.00
1118 Tobias Drive 619-152-11-00 $7,030.00
1124 Tobias Drive 619-161-01-00 $5,170.00
1128-30 Tobias Drive 619-161-02-00 $4,900.00
1134 Tobias Drive 619-161-03-00 $5,170.00
1138 Tobias Drive 619-161-04-00 $6,440.00
1144 Tobias Drive 619-161-05-00 $5,170.00
1148 Tobias Drive 619-161-06-00 I $4,360.00
I] 56 Tobias Drive 619-163-10-00 $4,900.00
1158 Tobias Drive 619-163-09-00 $4,360.00
1160 Tobias Drive 619-163-08-00 $5,040.00
1168 Tobias Drive 619-163-01-00 $7,180.00
1174 Tobias Drive 619-163-02-00 I $4,380.00
1178 Tobias Drive I 619-163-03-00 $4,360.00
1184 Tobias Drive I 619-163 -04-00 $4,360.00
1188 Tobias Drive I 619-163-05-00 $5,040.00
1192 Tobias Drive 619-163-06-00 $7,030.00
1198 Tobias Drive 619-163-07-00 i $5,040.00
TOTAL $210,170.00
3
4-21
The improvements included within this district consist of the reconstruction ofthe asphalt
concrete street, construction of monolithic curb, gutter and sidewalk, and miscellaneous
associated drainage and sewer facilities. The five-foot sidewalk was constructed to
match the existing sidewalk at the south end of Tobias Drive. Where driveways were
located, a driveway apron was constructed to provide a transition between the street, the
sidewalk and the driveways.
In addition to the street and sidewalk improvements, the City had coordinated with the
utility companies to relocate overhead utilities. This work was conducted in conjunction
with the street improvement project.
Total construction cost for the project was approximately $670,000.00. The amount
allocated to the property owners was $115,178.00.
Method of Apportionment
Costs must be apportioned to each property in proportion to the benefit received by that
propelty. In apportioning the cost of street improvements, it can generally be assumed
that the property adjacent to the improvements win receive the direct benefit. The
adjacent properties would be most likely to use the improvements, particularly with
respect to the driveway aprons. Additionally, construction of street and sidewalk
improvements generally results in increased property values for the adjacent residences.
For this project, the City agreed that the sidewalks and street improvements should be
financed by the City due to the use of the street and sidewalk as a general public route for
the residents within the Castle Park area. It is generally the City's policy to pay for
replacement of existing improvements and City staff costs related to planning, design,
surveying and constmction inspection. Therefore, the only cost that was to be paid by the
property owners is the cost of constmcting the driveway aprons and any relocation of
private improvements. The final property owner's share of the cost for the street
improvement project was $115,178.00.
The breakdown of construction costs among the thirty-nine properties within the district
is shown in the fonowing table. For each property, the square footage of driveway apron
was individually calculated, which includes the actual driveway and the wing area on
each side of the driveway. Private improvement relocation is also included in the
property owners' construction costs.
4
4-22
The amounts to be assessed to the property owners based on the final construction costs
can thus be compared to the amounts estimated in the Preliminary Engineer's Report as
follows:
Property Address Parcel Number Preliminary Assessment Final Assessment
1101 Tobias Drive 619-162-01-00 $4,680.00 $3,185.00
1109 Tobias Drive 619-]62-02-00 $7,181).00 $4,810.50
1115 Tobias Drive 619-162-03-00 $4,770.00 $2,014.00
1119 Tobias Drive 619-162-04-00 $5,960.00 $2,110.50
1123 Tobias Drive 619-162-05-00 $6,900.00 $3,889.50
1129-31 Tobias Drive 619-162-06-00 $6,990.00 $4,704.50
1133 Tobias Drive 619-162-07-00 $4,710.00 $3,948.00
1139 Tobias Drive 619-162-08-00 $5,440.00 $2,338.00
1143-45 Tobias Drive 619-162-09-00 $4,630.00 $2,198.00
1149 Tobias Drive 619-162-10-00 I $4,900.00 $2,219.00
1155 Tobias Drive 619-163-11-00 I $6,760.00 $? ,957.50
1159 Tobias Drive 619-163-12-00 I $4.500.00 $2,509.00
1163 Tobias Drive I 619-163-13-00 I $4,360.00 $1,435.00
1169 Tobias Drive 619-163-14-00 $5,120.00 $1,942.50
1175 Tobias Drive 619-163-15-00 $4,110,00 $948,50
1179 Tobias Drive 619-163-16-00 $4,360.00 $2,023.00
1183 Tobias Drive 619-163-17-00 $4,360.00 $1,337.00
1187 Tobias Drive 619-163.18-00 $5,320.00 $4,340.00
1191 Tobias Drive 619-163.19-00 $4,360.00 $2,415,00
1102 Tobias Drive 619-152-14-00 $9,030.00 $4,608.00
1108 Tobias Drive 619-152.13.00 I $7,170.00 $3,423.00
, 1114 Tobias Drive 619-152-12-00 $4,630.00 $4,630.00
1118 Tobias Drive 619-]52-11-00 $7,030,00 $4,539.50
1124 Tobias Drive I 619-16]-01-00 $5,170,00 $4,030.00
11 ?8.30 Tobias Drive 619-161-02-00 $4,900,00 I $2,915.50
1134 Tobias Drive 619-161-03-00 $5,170,00 $5,170,00
1138 Tobias Drive 619-161-04-00 $6,440.00 $3,773.50
1144 Tobias Drive i 619-]61-05-00 $5,170.00 $2,100.00
1148 Tobias Drive 619.161-06-00 $4,360.00 $2,121.00
1156 Tobias Drive 619-163-10-00 $4,900,00 $1,729,00
1158 Tobias Drive 619-163-09-00 $4,360.00 $4,360.00
1160 Tobias Drive 619-163-08-00 $5,040.00 $3,923.50
I 1168 Tobias Drive 619-163-01-00 $7.180.00 $4,158.00
i 1174 Tobias Drive 619-163-02-00 $4,380,00 $1,631.00
1178 Tobias Drive I 619-163-03-00 $4,360.00 $1,6!7 .00
1184 Tobias Drive I 619-163-04-00 $4,360.00 $1,771.00
1188 Tobias Drive 619-163-05-00 $5,040.00 $2,121.00
1192 Tobias Drive 619-163-06-00 $7,030.00 $3,216.50
1198 Tobias Drive 619-163-07-00 $5,040.00 $2,016,00
TOTAL $210,170.00 $115,178.00
5
4-23
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RESOLUTION NO. 2006 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING FOR FILING THE
FINAL ENGINEER'S REPORT FOR ASSESSMENT
DISTRlCT 2005-1 (TOBIAS DRIVE)
WHEREAS, pursuant to Resolutions 2005-255, 2005-256, and 2005-257 adopted
on July 19, 2005, the City Council accepted a petition requesting the formation of an
Assessment District for Tobias Drive (Naples Street to Oxford Street) for the purpose of
financing the construction of sidewalk improvements, approved the Preliminary
Engineer's Report, ordered the installation of improvements on Tobias Drive, set the time
and place for a public hearing, ordered the initiation of Assessment Ballot proceedings,
and adopted a map showing the proposed boundaries for Assessment District No. 2005-1
(Tobias Drive); and
WHEREAS, pursuant to Resolution 2005-313, adopted on July 19,2005, the City
Council ordered the construction of the improvements and ordered a final assessment
Engineer's Report to be prepared; and
WHEREAS, City staff advertised and obtained sealed bids as part of a formal
bidding process for the construction of the improvements and awarded a contract in the
amount of $666,910.00 to the low bidder, Jimenez, Inc. DBA MJC Construction,
pursuant to Resolution No. 2006-071 on March 7, 2006; and
WHEREAS, the construction of the improvements is complete and the final
Engineer's Report Tobias Drive Sidewalk Improvements 1913 Act Assessment Disrrict
AD 2005- I dated September 6, 2006 (Final Engineer's Report), which contains all the
information contained in the Preliminary Engineer's Report modified to reflect the actual
cost of the construction of the improvements, has been prepared and finalized.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it accepts for filing the Final Engineer's Report for Assessment District
2005-1 (Tobias Drive).
Presented by
Approved as to form by
Jack Griffin
Director of General Services
\-/~~
Ann Moore
City Attorney
M:\Cc.ncral SC:I'\'ic:cs\GS Adminutr:l.lion\Council ASa1d~\STL~J.{J 1 Tobias Orivc\Final Assc.ssmcnt\$Tt]01 Tobias Drive RCSQ I.dol:
4-25
RESOLUTION NO. 2006-
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING THE pEFERRAL OF
ASSESSMENTS AND ESTABLISHING THE RATE OF
INTEREST OF 5 PERCENT PER 'YEAR' AND THE
FINANCING PERIOD OF A IvlAXIMUM OF TEN
'YEARS APPLIED TO THE DEFERRALS FOR
ASSESSMENT DISTRICT 2005-1 (TOBIAS DRIVE)
WHEREAS, pursuant to Resolutions 2005-255, 2005-256, and 2005-257 adopted
on July 19, 2005, the City Council accepted a petition requesting the fonnation of an
Assessment District for Tobias Drive (Naples Street to Oxford Street) for the purpose of
financing the construction of sidewalk improvements, approved the Preliminary
Engineer's Report, ordered the installation ofimprovements on Tobias Drive, set the time
and place for a public hearing, ordered the initiation of Assessment Ballot proceedings,
and adopted a map showing the proposed boundaries for Assessment District No. 2005-1
(Tobias Drive); and
WHEREAS, pursuant to Resolution 2005-313, adopted on July 19, 2005, the City
Council ordered the construction of the improvements and ordered a final assessment
Engineer's Report to be prepared; and
WHEREAS, City staff advertised and obtained sealed bids as part of a formal
bidding process for the construction of the improvements and awarded a contract in the
amount of$666,910.00 to the low bidder, Jimenez Inc. DBA MJC Construction, pursuant
to Resolution No. 2006-071 on March 7, 2006; and
WHEREAS, the construction of the improvements is complete; and
WHEREAS, of the total construction costs, only the costs of the concrete
driveways and private improvement relocation are to be assessed to the property owners;
and
WHEREAS, not all the assessments have been fully paid and the City can collect
the unpaid balance over a maximum period of ten years, together with interest on the
unpaid principal at a rate not to exceed 7 percent per year; and
WHEREAS, City staff proposes to charge 5 percent interest for a period of ten
years on the unpaid balances of the assessments.
4-26
RESOLUTION NO. 2006 -
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it accepts the deferral of the assessments and establishes the rate of
interest of 5 percent per year and financing period of a maxiinum of ten years applied to
the deferrals for Assessment District 2005-1 (Tobias Drive).
Presented by
Approved as to form by
Jack Griffin
Director of General Services
'--t~---.J dL~
Ann Moore
City Attorne)'
M:\Gcncml Scn'iccslGS Adminis1r.lIion\Council A,gcnua\STL.)OI Tobi:1S Drivc\Fin:Jl Asscssmcnl\STLJ02 Tnbias D;il.'l: Rc.so ::'.doc
4-27
RESOLUTION NO. 2006 -
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CRULA VISTA AUTHORIZING THE PLACEMENT
OF A LIEN ON THE ASSESSED PROPERTY AND THE
COLLECTION OF THE ASSESSMENT AT THE SAME
TIME AND IN THE SAME MANNER AS OTHER CITY
TAXES ARE COLLECTED FOR ASSESSMENT
DISTRlCT 2005-1 (TOBIAS DRNE)
WHEREAS, pursuant to Resolutions 2005-255, 2005-256, and 2005-257 adopted
on July 19, 2005, the City Council accepted a petition requesting the fonnation of an
Assessment District for Tobias Drive (Naples Street to Oxford Street) for the purpose of
financing the construction of sidewalk improvements, approved the Preliminary
Engineer's Report, ordered the installation of improvements on Tobias Drive, set the time
and place for a public hearing, ordered the initiation of Assessment Ballot proceedings,
and adopted a map showing the proposed boundaries for Assessment District No. 2005-1
(Tobias Drive); and
WHEREAS, pursuant to Resolution 2005-313, adopted on July 19, 2005, the City
Council ordered the construction of the improvements and ordered a final assessment
Engineer's Report to be prepared; and
\NHEREAS, City staff advertised and obtained sealed bids as part of a formal
bidding process for the construction of the improvements and awarded a contract in the
amount of $666,910.00 to the low bidder, Jimenez Inc., DBA MJC Construction,
pursuant to Resolution No. 2006-071 on March 7, 2006; and
vVHEREAS, the construction of the improvements is complete; and
WHEREAS, of the total construction costs, only the costs of the concrete
driveways and private improvement relocation are to be assessed to the property owners;
and
WHEREAS, not all the assessments have been fully paid and the City can collect
the unpaid balance over a maximum period of ten years, together with interest on the
unpaid principal at a rate not to exceed 7 percent per year; and
WHEREAS, City staff proposes to charge 5 percent interest for a period of ten
years on the unpaid balances of the assessments.
4-28
RESOLUTION NO. 2006-
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of
Chula Vista that it authorizes the placement of a lien 011 the assessed property and the
collection of the assessment at the same time and in the same manner as other city taxes .
are collected for Assessment District 2005-1 (Tobias Drive).
Presented by
Approved as to fom1 by
L-/A-'~ dA:~
Ann Moore
City Attorney
Jack Griffin
Director of General Services
M:\Gcncral Scr'\'iccs\GS AdminiSIr::llion\Council ^sendaI.$TL~)Ol Tobias Drive\FinOlI AssC"ssmcnt\STL30:!. Tobi:!S Drive Reso 3.doc
4-29
COUNCIL AGENDA STATEMENT
---
~
Item No.:
Meeting Date: 10/17/06
ITEM TITLE:
Resolution of the City Council of the City of Chula Vista approving a
three-party agreement between the City of Chula Vista; PCR Services
Corporation (PCR), Consultant; and McMillin atay Ranch, LLC,
Applicant, related to preparation of an Environmental Impact Report for
the Eastern Urban Center Sectional Planning Area (SPA) Plan, and
authorizing the Mayor to execute said agreement.
Director of Planning an2Uil~JO~
Interim City Manager JI 7' (4/5ths Vote: Yes---.-No---X-)
SUBMITTED BY:
REVIEWED BY:
McMillin atay Ranch, LLC (Applicant) has filed a SPA Plan application for the Eastern Urban
Center (EUC). The Environmental Review Coordinator has determined that the proposed project
requires the preparation of an Environmental Impact Report (EIR). The item before the City
Council is a request for the City Council to approve the proposed Applicant funded contract with
PCR for an amount not to exceed $581,757.50 to provide consultant services for the preparation
of the EIR for the proposed project.
RECOMMENDATION:
That the City Council adopt a Resolution approving a three-party agreement between the City of
Chula Vista; PCR, Consultant; and McMillin atay Ranch, LLC, Applicant for consulting services
related to the preparation of an EIR for the EUC SPA Plan, and authorizing the Mayor to execute
said agreement.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
R"ckgrmmc1
The Applicant has submitted an application for the processing of the EUC SPA Plan. Pursuant the
California Environmental Quality Act (CEQA) the Environmental Review Coordinator has
determined that the proposed proj ect requires the preparation of an EIR. Planning and Building
Department staff does not have the available time or particular expertise to prepare the needed EIR.
Therefore, the Applicant must enter into a three-party agreement for the preparation of the CEQA
documentation.
The EUC is distinguished from other villages within atay Ranch because of its proposed intense
mix of residential and commercial uses. The atay Ranch General Development Plan (GDP)
5-1
Page 2, Item No.: S
Meeting Date: 10/17/0/1
describes the EUC as an urban center with over 3,000 multi-family dwelling units integrated with
3.5 million square feet of regional office and retail uses. The.GDP further provides for a IS-story
maximum building height and up to 6 million square feet of bu~lding area to be accessed via an
internal grid circulation system that will accommodate pedestrian, bus, and bus rapid transit (BR T)
connections.
r('m~ll1t~nt Sp.rvl(,p.~ Sp,1p.r.fl0TI PT()(,,:P."~
The Environmental Review Coordinator distributed a Request for Qualifications (RFQ) to the
Association of Environmental Professionals, to the American Planners Association, and to all
consulting firms listed on the City's list of Qualified Environmental Consultants, inviting
prospective Consultants to submit qualifications for the proposed Eastern Urban Center ElR. The
purpose of the RFQ was to establish a short-list of consulting firms that demonstrated the unique
qualifications and experience required for projects of this nature.
The Environmental Review Coordinator issued a Request for Proposals (RFP) for environmental
consulting services for the Eastern Urban Center project on April 12, 2006 to the three firms that
qualified for the short-list. A Selection Committee was established pursuant to Section 2.56.110 of
the Municipal Code to review the proposals and conduct interviews of the most qualified firms
based on established evaluation criteria. The Selection Committee reviewed and ranked the
proposals based on company experience, quality of management team, capacity to perform the
work, project understanding, proposal quality and clarity, local experience, and competitive billing
rates. The Selection Committee interviewed the top two firms and recommended PCR to perform
the required services.
PCR is uniquely qualified to serve as the Environmental Consultant for this contract based on
their familiarity with the intense urban nature of the EUC, demonstrated ability to perform while
previously working as a Consultant to the City, and their familiarity with project requirements.
PCR is very experienced in analyzing complex issues and preparing ElRs that are adequate under
CEQA. PCR represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City of Chula Vista within the necessary
timeframes.
The Environmental Review Coordinator has negotiated the details of these agreements III
accordance with the Environmental Review Procedures.
S~OP" of Work
PCR will function as the Environmental Consultant to the City of Chula Vista under a three-party
agreement with the Applicant and under the supervision of the City's Environmental Review
Coordinator. The responsibilities of the Environmental Consultant will include the following:
5-2
5
Page 3, Item No.:
Meeting Date: 10/17/0fi
. Review of the available project information;
. Preparation of traffic, cultural & paleontological resources air quality, noise technical
reports;
. Preparation of Screencheck draft and final EIRs;
. Preparation of responses to comments received during public review;
. Preparation of Findings, Statement of Overriding Considerations, if required, and the
Mitigation Monitoring Reporting Program; and
. Attendance at team meetings and public hearings.
The scope of work for this contract covers the preparation of an EIR that will evaluate the potential
impacts associated with the proposed Eastern Urban Center SPA Plan and Tentative Subdivision
Map.
r()ntr~r.t P~yrnp.nt
The total cost of the contract for consulting services is $581,757.50, including a 25% contingency
($116,351.50) for additional services to cover unforeseen issues that may arise during preparation
of the EIR and if determined to be necessary by the City's Environmental Review Coordinator.
The project applicant will pay all consultant costs, as well as reimburse any City staff time
associated with preparation of the EIR through a separate deposit account.
The City Attorney's Office has reviewed and approved the form of the contract.
DECISION-MAKER CONFLICTS:
Staff has reviewed the property holdings of the City Council and has found no holdings within
500 feet of the boundaries ofthe property which is the subject of this action.
FISCAL IMPACT:
There will be no resulting impact to the General Fund. McMillin Otay Ranch, LLC will fully
compensate the consultant and City staff time through deposit accounts.
Attachments:
I. Three Party Agreement between the City of Chula Vista, PCR, and McMillin Otay Ranch,
LLC
J:\Planning\GLauhe\Otay Ranch\Eastem Urban Center\Contract\Contract Agenda\EUCAl13.doc
5-3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF
CHULA VISTA; PCR SERVICES CORPORATION (PCR), CONSULTANT;
AND MCMILLIN OTAY RANCH APPLICANT, RELATED TO
PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR
EASTERN URBAN CENTER PROJECT SECTIONAL PLANNING AREA
(SPA) PLAN AND AUTHORlZING THE MAYOR TO EXECUTE SAID
AGREEMENT.
WHEREAS, the Applicant has submitted an application for the processing of the Eastern
Urban Center Project; and
WHEREAS, pursuant the California Environmental Quality Act (CEQA) the
Environmental Review Coordinator has determined that the proposed project requires the
preparation of an environmental impact report ("EIR"); and
WHEREAS, a public Request for Qualifications (RFQ) of the required environmental
services was given to the Association of Environmental Professionals, American Planners
Association, and to all consulting firms listed on the City's list of Qualified Environmental
Consultants inviting prospective Consultants to submit qualifications for projects of this nature;
and
WHEREAS, six proposals were submitted in response to the RFQ; and
WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the qualifications of each firm based on established evaluation criteria
in order to create a short-list of the most qualified firms for projects of this nature; and
WHEREAS, a Request for Proposals (RFP) of the required environmental services was
given to the three consulting firms that qualified for the short-list; and
WHEREAS, a Selection Committee was established pursuant to Section 2.56.110 of the
Municipal Code to review the qualifications and conduct interviews of the most qualified firms
based on established evaluation criteria; and
WHEREAS, the Selection Committee interviewed the top two firms and recommended
PCR to perform the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with the Environmental Review Procedures; and
WHEREAS, the Applicant has deposited or will deposit funds for the consulting services
necessary for the preparation ofthe environmental documents; and
5-4
WHEREAS, PCR is uniquely qualified to serve as the Environmental Consultant for this
contract based on their familiarity with the project and project site, demonstrated ability to
perform while working as a Consultant to the City on this and other projects, and their familiarity
with project requirements; and
WHEREAS, PCR represents that they are experienced and'staffed in a manner such that
they can prepare and deliver the required services to the City of Chula Vista within the necessary
timeframes; and
WHEREAS, the proposed contract with PCR to provide consultant services is for amount
not to exceed $465,406.00 with an additional $116.351.50 for additional services if deemed
necessary in the discretion of the Environmental Review Coordinator;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve the three-party agreement between the City of Chula Vista; PCR, and
McMillin Otay Ranch, LLC (Applicant) to prepare an EIR for the Eastern Urban Center Project.
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
James D. Sandoval
Director of Planning and Building
5-5
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALL Y SIGNED UPON APPROVAL BY
THE CITY COUNCIr"
Dated: I o{ '11 () ~
/
Three Party Agreement Between the City of Chula Vista,
PCR Services Corporation, and McMillin Otay Ranch, LLC
for consulting work to be rendered with regard to the
Eastern Urban Center (EUe) Sectional Planning Area (SPA) Plan area
5-6
Three Party Agreement
Between
City of Chula Vista,
PCR Services Corporation, Consultant, and
McMillin Otay Ranch, LLC, Applica).t
For Consulting Work to be Rendered
with regard to Applicant's Project
1. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes of
reference only, and effective as of the date last executed by the parties hereto, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, the person designated
on the attached Exhibit A as "Consultant", PCR Services Corporation whose business form and
address is indicated on the attached Exhibit A, and the person designated on the attached Exhibit A
as "Applicant", McMillin Otay Ranch, LLC whose business form and address is indicated on the
attached Exhibit A, and is made with reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as, or
generally located as, described on Exhibit A, Paragraph I, or has an option or other entitlement to
develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval of
the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, work of the general nature
and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the application
within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be liable
for the costs of retaining, Consultant, who shall perform the services required of Consultant by this
Agreement solely to, and under the direction of, the City.
3pty8.doc
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2.6. Additional facts and circumstances regarding the background for this agreement are set
forth on Exhibit B;
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TOBYAND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS: ..
3.1. Employment of Consultant bv Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost and
expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all of the
services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of Consulting
Services", ("General Services"), and in the process of performing and delivering said General
Services, Consultant shall also perform to and for the benefit of City all of the services described in
Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"), and all services
reasonable necessary to accomplish said General Services and Detailed Scope of Work, and shall
deliver such documents required ("Deliverables") herein, all within the time frames herein set forth,
and in particular as set forth in Exhibit A, Paragraph 6, and if none are set forth, within a reasonable
period of time for the diligent execution of Consultant's duties hereunder. Time is of the essence of
this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and for
the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional 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, at
its own cost and expense except for the compensation andlor reimbursement, if any, herein promised,
and shall furnish all of the labor, technical, administrative, professional and other personnel, all
supplies and materials, machinery, equipment, printing, vehicles, transportation, office space and
facilities, calculations, and all other means whatsoever, except as herein otherwise expressly
specified to be furnished by the City or Applicant, necessary or proper to perform and complete the
work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without regard
to the conclusions reached by the Consultant, and according to the terms and conditions set forth in
Exhibit C adjacent to the governing compensation relationship indicated by a "checkmark" next to
the appropriate arrangement, by paying said amount to the City, within 15 days of Consultant's
billing, or in accordance with the security deposit provisions of Paragraph 3.3 and Exhibit C, if
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checked, and upon receipt of such payment by the City, City shall promptly, not later than 15 days, or
in accordance with the Bill Processing procedure in Exhibit C, if checked, pay said amount to the
Consultant. City is merely acting in the capacity as a conduit for payment, and shall not be liable for
the compensation unless it receives same from Applicant. Applicant shall not make any payments of
compensation or otherwise directly to the Consultant.
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3.2.1. Additional Work. If the Applicant, with the cbncurrence of City, determines
that additional services (" Additional Services") are needed from Consultant of the type Consultant is
qualified to render or reasonably related to the Services Consultant is otherwise required to provide
by this Agreement, the Consultant agrees to provide such additional services on a time and materials
basis paid for by Applicant at the rates set forth in Exhibit C, unless a separate fixed fee is otherwise
agreed upon in writing for said Additional Work between the parties.
3.2.1.1. In the event that the City shall determine that additional work is
required to be performed above and beyond the scope of work herein provided, City will
consult with Applicant regarding the additional work, and if thereupon the Applicant fails or
refuses to arrange and pay for said Additional Services, the City may, at its option, suspend
any further processing of Applicant's Application until the Applicant shall deposit the City's
estimate of the costs of the additional work which the City determines is or may be required.
Applicant shall pay any and all additional costs for the additional work.
3.2.2. Reductions in Scope of Work.
City may independently, or upon request from Consultant, from time to time reduce
the Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction. Upon failure to agree, the Fixed Fee
may be unilaterally reduced by the City by the amount of time and materials budgeted by Consultant
for the Services deleted.
3.3. Security for Pavment of Compensation bv Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant, Applicant
shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as "Deposit
Amount" with the City, as trustee for Consultant, the conditions of such trust being as indicated on
Exhibit C and as hereinbelow set forth:
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
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3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a separate
bank account, separately account for said deposit in one or more of its various bank accounts, and
upon doing so, shall proportionately distribute to the Deposit Trust, the average interest earned
during the period on its general fund. '
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination of
this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the use of
the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the manner herein
authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount ig such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall be
governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing.
In addition to use of the Deposit as security, in order to secure the duty of Applicant
to pay Consultant for Services rendered under this agreement, City shall be entitled to withhold
processing of Applicant's Application upon a breach of Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. 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:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
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4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, 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 CoveTag~").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph I 0, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof of Insurance Coverage.
4.2.1. 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.
4.2.2. 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 and
Applicant demonstrating same.
4.2.3 Security for Performance - Performance Bond. In the event that the need for a
Consultant to provide a Performance Bond arises, then Consultant shall provide to the City a
performance bond in the form prescribed by the City and by such sureties which are authorized to
transact such business in the State ofCalifomia, listed as approved by the United States Department
of Treasury Circular 570, http://www.fms.treas.gov/c570, and whose underwriting limitation is
sufficient to issue bonds in the amount required by the agreement, and which also satisfy the
requirements stated in Section 995.660 of the Code of Civil Procedure, except as provided otherwise
by laws or regulations. All bonds signed by an agent must be accompanied by a certified copy of
such agent's authority to act. Surety companies must be duly licensed or authorized in the
jurisdiction in which.the Project is located to issue bonds for the limits so required. Form must be
satisfactory to the Risk Manager or City Attorney which amount shall be indicated in an attachment
as "Performance Bond" Exhibit.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the City
and the Applicant. The Consultant shall not publish or release news items, articles or present
lectures on the Project, either during the course of the study or after its completion, except on written
concurrence of the City and Applicant.
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4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the City,
or by writing an exact copy of which is simultaneously provided to City, except with the express
consent of City. The Consultant may request such meetings with the Applicant to ensure the
adequacy of services performed by Consultant. .
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5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the Consultant
and City, such documents, or copies of such documents requested by Consultant, within the
possession of Applicant reasonably useful to the Consultant in performing the services herein
required of Consultant, including but not limited to those described in Exhibit A, Paragraph 7.
5.2. PropertY Access.
The Applicant hereby grants permission to the City and Consultant to enter and access the
Property, to take any borings, make any tests, conduct any surveys or reconnaissance necessary to
deliver the Services of Consultant, subject to the approval of the Applicant. Consultant shall
promptly repair any damage to the subject property occasioned by such entry and shall indemnify,
defend, and hold Applicant harmless from all loss, cost, damage, expenses, claims, and liabilities in
connection with or arising from any such entry and access.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A, Paragraph 8,
as said party's contract administrator who is authorized by said party to represent them in the routine
administration of this agreement.
7. Conflicts of Interest
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, 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 his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
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7.2. 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. , .
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7.3. 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.
7.4. 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.
7.5. 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.
7.6. 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 the property which is the subject matter of the Project,
or in any property within 10 radial miles from the exterior boundaries of the property which is the
subject matter of the Project, or ("Prohibited Interest").
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 by Applicant or by any other party as a result of 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.
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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.
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.
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8. Default of the Consultant for Breach.
This agreement may be terminated by the CITY for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any phase
of the work with such diligence which would assure its completion within a reasonable period of
time. Termination of this agreement because of a default of the Consultant shall not relieve the
Consultant from liability of such default.
9. City's Right to Terminate Agreement for Convenience. Documents.
9.1. Notwithstanding any other section or provision of this agreement, the CITY shall
have the absolute right at any time to terminate this agreement or any work to be performed pursuant
to this agreement.
9.2. In the event of termination of this agreement by the CITY in the absence of default of
the Consultant, the City shall pay the Consultant for the reasonable value of the services actually
performed by the Consultant up to the date of such termination, less the aggregate of all sums
previously paid to the Consultant for services performed after execution of this agreement and prior
to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and all
other materials and documents prepared by the Consultant in performance of this agreement, and all
such documents and materials shall be the property of the City; provided however, that the
Consultant may retain copies for their own use and the City shall provide a copy, at Applicant's cost,
of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any control
or direction over Consultant's work.
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10. Administrative Claims Requirement and Procedures
No suit shall be brought arising out of this agreement, against the City, unless a claim has
first been presented in writing and filed with the City of Chula Vista and acted upon by the City of
Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal
Code, the provisions of which are incorporated by this reference as}f set fully set forth herein.
11. Hold Harmless and Indemnification
11.1. Consultant to Indemnify City and Applicant re Iniuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees and Applicant 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 employees, subcontractors, or others of City or Applicant in connection
with the execution of the work covered by this Agreement, except only for those claims arising from
the sole negligence or sole willful misconduct of the City, its officers, or employees, or Applicant,
Consultant's indemnification shall include any and all costs, expenses, attorneys' fees and liability
incurred by the City, its officers, agents, or employees or Applicant 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 or Applicant, defend any such suit or action brought against the City, its
officers, agents, or employees or Applicant. Consultants' indemnification of City and Applicant shall
not be limited by any prior or subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any and
all claims, losses, damages, expenses or expenditures of City, including its elected officials, officers,
employees, agents, or representatives of the City ("City Indemnitees"), in any way resulting from or
arising out of the refusal to pay compensation as demanded by Consultant for the performance of
services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain such
business license and to comply with Chula Vista Municipal Code, Title 5.
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13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall have
authority to act as City's agent to bind City to any contractual ailreements whatsoever.
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13.2. 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 for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to be
given shall in itself create the right in the parties to any other or further notice or demand in the same,
similar or other circumstances.
13.4. 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.
13.5. 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; that all
resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governing Law/Venue.
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City of Chula Vista.
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13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless the
same shall be in writing and signed by the parties hereto, and then shall be valid only in the specific
instance and for the purpose for which given. : . .
.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to be
invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith and
agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not define or
limit the provisions hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial exercise
of any right, power or privilege, on the part of the parties shall operate as a waiver of any rights
herein contained. The making or the acceptance of a payment by either party with knowledge of the
existence of a breach shall not operate or be construed to operate as a waiver of any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any rights
or remedies which the parties might otherwise have unless this Agreement provides to the contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect upon
persons not parties hereto, the parties specifically intend no benefit therefrom, and agree that no
performance hereunder may be enforced by any person not a party to this agreement.
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Notwithstanding the foregoing, this is a three party agreement and the City is an express third party
beneficiary of the promises of Consultant to provide services paid for by Applicant.
14. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms, desi~s, 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.
(End of Page. Next Page is Signature Page.)
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(1 of 2)
"
Now therefore, the parties hereto, having read and understood the terms and conditions of
this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on
the date set forth adjacent thereto.
Dated:
City of Chula Vista
By:
Stephen C. Padilla, Mayor
Attest:
Susan Bigelow
City Clerk
Approved as to Form:
Ann Moore
City Attorney
Dated:
Consultant: PCR Services Corporation
By:
~"A&.~~ -
Gregory . Broughto , resident
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Applicant:
McMillin Otay Ranch, LLC
a Delaware limited liability company
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By: McMillin Companies, LLC,
a Delaware limited liability company
Its: Manager
--
Date: r~2f'~~
7
By:~ (
~
Its: /I P
BY:~
Date: 'j .1. 'l1>.- 0(.
Its:
\J.P
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Exhibit A
Reference Date of Agreement:
Effective Date of Agreement: Date of City Council Approval of Ag;eement
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City: City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: PCR Services Corporation (hereinafter referred to as PCR)
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address:
233 Wilshire Boulevard, Suite 130, Santa Monica, CA 90401
Applicant: McMillin Otay Ranch, LLC, a Delaware limited liability company
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
( ) Corporation
(X) Other: A California Limited Liability Company
Address: 2750 Womble Road, San Diego, CA 92106
Mailing address: P.O. Box 85104, San Diego, CA 92186-5104
I. Property (Commonly known address or General Description):
The project property is commonly known as the Eastern Urban Center (EUe) Sectional Planning
Area (SPA) Plan area, which is located in the central portion of the Otay Valley Parcel of the Otay
Ranch General Development Plan (GDP) area. The EUC SPA Plan area consists of 207 acres,
bound by existing Birch Road on the north, future southern extension of EastLake Parkway on the
east, future alignment of Hunte Parkway/Rock Mountain Road on the south, and future alignment of
State Route 125 to the west.
2. Project Description ("Project"):
The project consists of a Second Tier Environmental Impact Report (EIR) for the EUC SPA Plan.
The EUC SPA Plan would refine the plans, goals, objectives, and policies of the Otay Ranch GDP
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and the City of Chu]a Vista General Plan. The SPA Plan would be consistent with the GDP and
General Plan with a maximum development potential of2,983 residential units and 3,497,000 square
feet of non-residential development, including office, commercial and civic uses. One of the primary
objectives of the proposed project is to establish a flexible and responsive land use and facility plan
to assure the project's viability in consideration of existing and anticipated economic conditions. The
EIR would evaluate the "worst case" development potential based~m an equivalency analysis that
would allow for an exchange ofland uses based on equivalent dwellihg units (EDU). The EIR would
also evaluate on- and off-site grading options. The land uses and square footages of uses could be
substituted as long as the maximum development potential of the EUC SPA Plan area is not
exceeded.
3. Entitlements applied for: Tentative Map, Sectional Planning Area (SPA) Plan, and Potential
General Development Plan (GDP) Amendment
4. General Nature of Consulting Services ("Services--General"):
Consultant shall prepare a Second Tier EIR for the EUC SPA Plan in accordance with the City of
Chula Vista Environmental Review Procedures; with the criteria, standards and procedures of the
California Environmental Qua]ity Act (CEQA) of ]970, as amended, (Pub]ic Resources Code
Sections 2] 000 et seq.) and the CEQA Guide]ines (Public Resources Code Section] 5000 et seq.);
and with other applicable regulations, requirements and procedures of any other responsible public
agency or any agency with jurisdiction by law. If there are conflicts between the City of Chula
Vista's requirements and those of any other agency, the City ofChula Vista's shall prevail when the
City is the Lead Agency. AI] work performed by Consultant shal] be to the satisfaction of City's
Environmental Review Coordinator.
5. Detailed Scope of Work ("Detai]ed Services"):
PCR shall prepare a Second Tier EIR for the EUC SPA Plan. PCR shall consult with all trustee and
responsible agencies, agencies having jurisdiction by law and any other person or organization
having control over or interest in the Development as necessary to ensure that the EIR is current and
complete as to issues raised by such agencies. The Draft and Final EIR shall be prepared in such a
manner that they will be meaningful and useful to decision-makers and to the public. Technical data
is to be summarized in the body of the report and placed in an appendix. All documents shal] be
prepared in Microsoft Word.
PCR shall compile supporting documents into separate volume(s) to be referred to as the Appendices
to the EIR. The Appendices shal] include the Notice of Preparation (NOP), responses to the NOP
and any technical reports and relevant technical information generated for the EIR.
The Detai]ed Services to be provided are described below:
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Proiect Start-Up and Initiation
The Consultant shall attend a start-up meeting with the City to establish communication protocols,
confirm their understanding of the project, discuss key issues, review the schedule of deliverables,
and collect plans and documents. Following the start-up meeting and a thorough review of project
plans, the consultant shall prepare a memorandum identifying oUtstanding information required to
complete the project description for the EIR. Upon receipt of'the requested information, the
consultant shall prepare a draft project description and submit it to the City for review.
In addition, the consultant will develop baseline data for use in the environmental analysis. This will
include collection and review of relevant planning documents and environmental studies and
regulations, including but not limited to, the updated City's General Plan and EIR, and applicant-
prepared support documents and technical studies. In assembling baseline information for the EIR,
the Consultant will maximize use of existing data. As part of this task, the Consultant will conduct
general surveys of the site and vicinity to document existing conditions through notation,
photography, and mapping.
Initial Study and Notice of Preparation
The Consultant shall prepare an Initial Study to establish the scope of the EIR. Because a decision
has been made to prepare an EIR, and it is clear that a comprehensive set of issues will need to be
addressed, the Initial Study will not involve in-depth analysis, but will concisely indicate areas of
potential impact and the focus of the technical issue analyses that will be incorporated into the EIR.
If it is determined that certain issues do not warrant evaluation in the EIR, sufficient analysis will be
provided to substantiate this determination. The Initial Study will be prepared using the City's
current Environmental Checklist form with explanations and sources provided to support the
determinations made on the checklist. PCR will submit a Screencheck Initial Study along with a
Notice of Preparation (NOP) to the City for review and will make revisions from a single set of
comments. Following approval by the City, PCR will produce the Initial Study and the NOP for
distribution by the City.
Technical Studies
Traffic Report
Kimley-Hom and Associates (KHA) will prepare a Traffic Report in support of environmental
documentation for the proposed project. The report will be included as a technical appendix to the
EIR. The study will provide a CEQA-level review of traffic conditions, as well as a review of the
Bus Rapid Transit (ERT) network encompassed in the proposed project. This system will link with
Otay Ranch's town centers, a university campus, a regional technology park, with each other and
with activity centers in downtown San Diego, Southern San Diego County and the region. KHA's
scope of work includes assisting PCR with the EIR traffic section, and also includes time for
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responding to comments on the Draft EIR that relate to the issues addressed in the Traffic Study.
The specific tasks to be undertaken by KHA are summarized below:
Review of previous work (Proiect definition). In order to properly defme the project and establish a
framework for the traffic impact analysis, KHA shall: .
. Review all work completed to date to clarify project status, key study assumptions, and
related study parameters; .
. Visit the project area and document existing conditions with respect to: street widths, number
of lanes, traffic signal locations and phasing, parking restrictions and any special traffic
control measures;
. Meet with City staff to discuss the proposed EUC SPA Plan and to obtain a copy of the
proposed site plan;
. Meet with City staff to review project alternatives, project phasing, circulation options and
scenarios, as well as determine study area parameters; and
. Obtain and review the Traffix model and Synchro model (electronic data files) developed by
the Applicant's traffic engineer for assessing and sizing internal streets and intersections
within the proposed project area. Two versions of each model will be obtained. One version
assumes target land use intensities, while the second version assumes maximum land use
intensities.
Develop Traffic Volumes. Traffic volumes for the study area will be developed using SANDAG
modeling and existing traffic counts. KHA shall:
. Conduct traffic volume counts at up to IS intersections and up to IS roadway segments.
These segments will be determined based on input from City staff;
. Conduct five SANDAG Series 10 Select Zone traffic assignment for the project based on the
Year 2010, 2015, 2020, 2030, and buildout land use and transportation network. The
General Plan Update traffic model will be used for consistency, since this model has the most
recent information for study area land use and transportation systems. The City will
coordinate and obtain all forecast model runs from SANDAG to be used for the project;
. Develop Buildout Year traffic volumes from the General Plan Update assumptions;
. Develop Year 201 0 traffic volumes by conducting a SANDAG model run, including a select
zone assignment for project traffic. This scenario assumes the completion ofSR-125 with an
interchange at Birch Road, but without an interchange at Rock Mountain RoadIHunte
Parkway. The City and Applicant will provide model inputs regarding project development
levels and development intensities assumed for other SPAs assumed for the Year 2010
condition;
. Develop Year 2015 traffic volumes by conducting a SANDAG model run, including a select
zone assignment for project traffic. This scenario assumes the completion of SR-125 with
an interchange at Birch Road, but without an interchange at Rock Mountain RoadIHunte
Parkway. (In the analysis, manual adjustments will be made to test the need for the
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interchange in this scenario. This analysis will be used in the Public Facilities Financing
Plan PFFP analysis. The City and Applicant will provide model inputs regarding project
development levels and development intensities assumed for other SPAs assumed for the
Year 2015 condition;
. Develop Year 2020 traffic volumes by conducting a SN'{DAG model run, including a select
zone assignment for the project. The year 2020 analysis assumes that the Rock Mountain
RoacllHunte Parkway interchange will be completed. A second 2020 model run will be made
that does not include this interchange, but provides for the overcrossing. (In the analysis,
manual adjustments will be made to test the need for the interchange in this scenario. This
analysis will be used in the PFFP analysis. The City and Applicant will provide model
inputs regarding project development levels and development intensities assumed for other
SPAs assumed for the Year 2020 condition;
. Develop Year 2030 traffic volumes based on the Year 2030 forecast and select zone analysis.
This forecast assumes buildout conditions within the City of Chula Vista, continued
operation of SR-125 as a tollway, and year 2030 conditions within the region; and
. Develop buildout year traffic volumes based on the General Plan Update buildout traffic
model and the select zone assignment. This model assumes that SR -125 will operate as a
freeway.
Traffic Impact Analvsis. Traffic analysis shall be conducted in accordance with City of Chula Vista
Guidelines for the Preparation of Traffic Impact Studies. The extent of the project study area are to be
determined after the completion of the Select Zone modeling for the 2030 buildout scenario and based
on the City's criteria. For this task, KHA shall:
. Review traffic facilities in the study area to ensure accurate roadway and intersection
geometry, signal timing, and peak hour traffic volumes;
. Conduct new AM!PM peak hour counts at key intersections (15 assumed) in the project study
area;
. Assemble existing 24-hour count data from the City ofChula Vista on the adjacent roadway
segments;
. If the City does not have current traffic data, collect 24-hour machine counts (15 new 24-
hour machine counts are assumed);
. Distribute and assign project traffic to the street system. An Excel base manual model will be
used to assign trips based on the regional models generalized distribution pattern;
. Determine the a.m. and p.m. peak hour Levels of Service (LOS) at the key intersections using
the 2000 Highway Capacity Manual (HCM) methodology and on the street segments using
the City's threshold table for the following conditions:
o Existing
o Year 2010 with and without project traffic
o Year 2015 with and without project traffic
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o Year 2020 with and without project traffic
o Year 2030 with and without project traffic
o Buildout with and without project traffic
.
Evaluate a total of25 intersections (excluding project access points), of which 17 are existing
and the remainder are future locations; evaluate, up to 3 O'roa~way segments, of which 15 are
existing segments;
.
Determine the freeway segment LOS on a peak-hour/peak directional basis. Tbis task assumes
up to eight freeway segments (four on SR-125 and four on I-80S);
.
Identify the potential significant traffic impacts of the project for all scenarios based on City
threshold criteria; and
Identify measures required to mitigate calculated project traffic impacts, if mitigation measures
are applicable.
.
CMP Enhanced CEOA Review. The Congestion Management Program (CMP) requires an "Enhanced
CEQA Review" of projects generating over 2,400 ADT to determine traffic impacts and mitigation to
the regional transportation system. KHA shall perform the following tasks to adequately satisfy the
Congestion Management Plan requirements and based on the 1993 Guidelines for the "Congestion
Management Program" prepared by SANTEC and ITE:
. Identify the "regionally significant roadways" to be analyzed in the enhanced CEQA review for
the project;
. Determine the peak hour street segment LOS on the regionally significant roadways for all
scenanos;
. Evaluate the freeway level of service on SR-125 and I-80S;
. Identify the relative traffic impacts of the project on the regionally significant roadway network.
For purposes of this study, Hunte Parkway, Birch Road, Eastlake Parkway, and Olympic
Parkway will be evaluated; and
. Conduct a Growth Management Oversight Committee (GMOC) analysis for the short-term
(Year 0-4 conditions), as directed by the City.
Internal Street Evaluation. KHA shall review and modify (as needed) the Traffix model and Synchro
model developed by others to reflect the potential shifting of density within the project area. KHA
shall:
. Perform a sensitivity analysis for the target and maximum land use by testing various transit
mode splits and internal interaction assumptions to ensure that internal streets are properly
sized. A total of two (2) scenarios will be assessed;
. Determine the number of lanes for internal streets along with the appropriate type of traffic
control (signals or stop controlled). Internal street evaluation will only be conducted for the
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project buildout scenano. Internal intersection analysis will include thirty-nine (39)
intersections;
Determine intersection turn lanes, at project access points to the surrounding arterial system
and internal intersections;
Conduct traffic signal warrants at thirteen (13) internal intersections;
Meet with the project team to discuss the results of the .s~nsitivity analysis, and. make
appropriate revisions based on recommendations at the proj'ect team meeting.
.
.
Transit Analvsis. KHA shall analyze locations of priority treatments along the primary Bus Rapid
Transit (BRT) transit route within the proposed project and its perimeter. This analysis will build
SANDAG and McMillin Land Development mutual understanding of operating parameters (as
documented in the August 3, 2006 letter from Jennifer Williamson). This analysis will include the
use of dedicated lanes, impacts to cross streets, the design and implementation of signal priority
features, queue jumpers, etc. This task shall also involve an analysis of how the priority treatments
will function and their traffic impacts. Traffic impacts and transit travel time benefits from BRT
priority treatments will be assessed using Synchro or similar Highway Capacity Manual (HCM)
methodologies.
In the event of significant delay for the BR T as a result of the traffic study, additional operating
scenarios will be run to determine if the impacts could be decreased. The BR T analysis for purposes
of this study will focus on the impact ofBRT dedicated lanes, signal priority treatment, and queue
jumper lanes on street and intersection level of service. This analysis will assess the time penalty
that would occur at signals affected by BRT lines along with an estimation of the amount of the peak
hour when normal signal operations would be pre-empted. This analysis will also evaluate the
amount of delay that occurs to the BRT route as a result of parking along the transit-way. Special
focus will be placed on how to handle left and right turn movements, from shared lanes or BRT
exclusive lanes. The analysis would usethe Synchro software and would have an equivalent level of
detail as was used in evaluating the signal operations on the San Diego State to Downtown BRT
project.
Mitigation Measures. KHA shall identify all significant cumulative and project impacts for all
roadway facilities identified as having substandard LOS for each of the study scenarios. KHA shall
identify feasible mitigation for all significantly impacted roadway facilities.
Public Facilities Financing Plan (PFFP). KHA shall assist in the development of a mitigation
monitoring and reporting program as well as the Public Facilities Financing Plan (PFFP). As part of
the PFFP analysis, a table will be prepared that determines the number of Equivalent Dwelling Units
that can be built before certain transportation facilities are built. This table will be based largely on
development assumptions, improvements and mitigation determined in the Traffic Impact Analysis.
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Station Analvsis. KHA shall evaluate the BRT station location for near-term implementation, as
well as ultimate impacts. This study shall perform CEQA evaluation of the station support facilities,
such as those that support both vehicular and pedestrian access, nearby land uses such as parking
lots, and park 'n ride capability. This evaluation will be qualitative in nature.
Administrative Draft Traffic Report. KHA shall prepare a draft T"affic Report summarizing the
Existing and Future Conditions analyses, and provide appropriate text, tables, and graphics for use in
the EIR document. Two sets of revisions to the report will be made to address City comments.
Assistance will be provided in the development of appropriate ErR text summarizing the technical
findings.
In addition to the foregoing tasks related to preparation of the Traffic Report, KHA shall respond to
comments on the DEIR related to traffic and transit issues and assist in the preparation of the final
EIR.
Air Quality Impact Report
The Consultant shall prepare an air quality analysis to analyze the potential for air quality impacts
resulting from short-term construction as well as long-term emissions from implementation of the
proposed project. The report will be included as a technical appendix to the EIR. The air quality
analysis will also evaluate the potential for carbon monoxide (CO) "hotspots" to existing nearby
existing and future sensitive receptors. The analysis will also identify traffic-generated emissions
that may impact sensitive receptors in the absence of mitigation measures. The air quality analysis
prepared by the Consultant shall:
. Discuss pertinent air quality statutes and regulations at the local, regional, state and federal
level;
. Describe regional meteorology and local conditions as measured at the relevant SDAPCD
Monitoring Station;
. Define Thresholds of Significance based on City and SDAPCD criteria and guidelines;
. Evaluate construction emissions from building demolition, construction equipment, any
earthmoving operations, construction worker and delivery trips and the use of building
materials that may release criteria pollutants, such as volatile organic compounds (VOCs).
All emissions will be calculated on a daily and quarterly basis. Consultant shall coordinate
with the City or Applicant regarding development of construction modeling assumptions;
. Assess mobile source emissions, including but not limited to quantification of emissions
from project-generated traffic using regional travel characteristic data obtained from
SANDAG and the SDAPCD and the EMF AC2002 emission factor model;
. Assess regional stationary source emissions, including but not limited to quantification of
emissions from electricity production and natural gas consumption;
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Analyze traffic effects on localized carbon monoxide concentrations. Impacts will be
determined based on the potential for project emissions to exceed Federal and State ambient
one-hour and eight-hour carbon monoxide (CO) concentrations. This evaluation will be
conducted at up to 20 intersections, with and without the impact of project development,
utilizing the CALINE 4 model;
Assess conformance with applicable air quality plans and poficies, including but not limited
to the RAQS, Transportation Control Measure (TCM), and City's CO2 Reduction Plan;
Develop mitigation measures where appropriate to address significant air quality impacts;
and
Conduct a Health Risk Assessment to evaluate potential health risk impacts related to the
proposed development, including:
o Obtain available traffic counts published by the California Department of
Transportation, Traffic and Vehicle Data Systems Unit. As SR-125 is currently
under construction, traffic data may be based on projections; and
o Produce a representative vehicle fleet distribution using a vehicle mix determined by
the EMF AC2002 model developed by the Air Resources Board; and
o IdentifY pollutant emission rates using EMF AC'2002 for total organic gases (TOG)
and diesel exhaust particulates. Multiply TOG emission rates by available exhaust
fractions for identified compounds promulgated by the U.S. Environmental
Protection Agency
o In order to assess the impact of emitted compounds on proposed sensitive receptors,
the consultant will conduct air quality modeling utilizing the Industrial Source
Complex-Short Term (ISCST3) model. In addition to determining pollutant emission
rates as discussed above, additional input parameters will be specified to further
refine the model:
o Develop vertical (sigma z) and horizontal (sigma y) dispersion parameters by
approximating mixing zone residence time and quantifYing the initial vertical term.
o Obtain meteorological data from the San Diego Air Pollution Control District
(SDAPCD) to represent local weather conditions and prevailing winds.
o Obtain universal transverse mercator (UIM) coordinates for each source and receptor
location.
o Obtain elevation data for each source and receptor from high resolution (I-meter)
USGS Spatial Data Transfer Standard (SDTS) files.
o Define the health risks associated with exposure to carcinogenic compounds at the
proposed project in terms of the probability of developing cancer as a result of
.
.
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exposure to a chemical at a given concentration and cancer risk isopleths will be
provided to characterize risk across the site.
o Determine the cancer risk probability, under a deterministic approach (i.e., point
estimate methodology), by multiplying the chemical's annual concentration by its
unit risk factor (URF).
o Obtain discrete variates for body weight and inhalation from relevant distribution
profiles presented in the OEHHA guidance document entitled Air Toxic Hot Spots
Program Risk Assessment Guidelines, Part IV: Technical Support Document for
Exposure Assessment and Stochastic Analysis and the U.S. Environmental Protection
Agency's Child-Specific Exposure Factors Handbook, Interim Report. In order to
account for variations of body weight and inhalation, a stochastic analysis will be
performed to more accurately represent health risk among the general population.
o The Consultant will also conduct an evaluation of the potential noncancer effects of
chronic chemical exposures, using the most recent Reference Exposure Level (REL
promulgated by OEHHA and REL's from the Consolidated Table ofOEHfWARB
Approved Risk Assessment Health Values.
. Identify mitigation measures as appropriate to reduce significant impacts.
Noise Impact Analysis
The Consultant shall conduct a noise study to evaluate the extent to which noise associated with
short-term construction activities, traffic circulation, and other aspects of project operations
impact noise sensitive uses. The report will be included as a technical appendix to the EIR. The
Consultant shall:
. Discuss local plans, regulations, ordinances, and guidelines related to community noise and
ground-borne vibration;
. Survey and map noise-sensitive land uses near the project site and along the proposed
construction haul route. In addition, Consultant shall identify existing noise sources present
within the area that may affect proposed sensitive uses. Consultant shall conduct four 72-
hour noise measurements to establish the ambient noise level within the project site and
surrounding area;
. Predict construction-period noise impacts by: (I) utilizing published construction equipment
noise level data to characterize the noise source, and (2) applying industry standard distance
attenuation and barrier insertion loss formulas to estimate construction noise levels.
Construction-period noise will then be compared to the ambient noise level at each receptor
location to determine significance;
. Evaluate potential mobile-source and stationary-source noise impacts related to development
of the project. Roadway noise impacts will be evaluated at up to 20 roadway segments using
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a roadway noise prediction model. To calibrate the sound prediction model to more
accurately reflect local conditions, up to four short-term (1S-minute) noise measurements
will be conducted with simultaneous traffic counts along the analyzed roadway segments.
Stationary-source noise impacts (e.g., noise from on-site mechanical equipment) will be
evaluated using standard sound-distance attenuation llr\d barrier insertion loss calculation
formulas. This analysis will be conducted for up to three s,,:enarios (e.g., Existing, Future
No-Project, and Future with Project);
. Determine impacts based on ambient noise measurement data and whether proposed land
uses are considered noise compatible. This will include an assessment of potential noise
issues associated with areas of vertically and horizontally mixed residential and commercial
use proposed within the SPA; and
. Develop appropriate mitigation measures where significant impacts are identified.
Cultural and Paleontological Technical Report
The Consultant shall prepare a Cultural and Paleontological Resources Technical Report. The report
will be included as a technical appendix to the ElR This task consists of documenting the cultural
and paleontological resources of the project area consistent with the California Office of Historic
Preservation Archaeological Resource Management Report format and shall meet or exceed the City
and CEQA requirements and regulatory guidelines. The report will include description of the project
undertaking, regulatory framework, natural and cultural settings of the project area, methods, results,
and recommendations for additional work such as monitoring during construction. The Consultant
shall:
. Conduct a cultural resources record search at South Coastal Information Center, Department.
of Anthropology, San Diego State University. The Consultant shall identify all previously
recorded cultural resources and previous cultural resource studies within the project area and
a one-mile buffer zone around the project area. Consultant shall also gather relevant
geological and soils information. Collected information will be used to estimate the cultural
resource sensitivity of the project area and the potential for buried cultural deposits, and to
determine if there are any previously recorded significant sites that will require special
consideration;
. Conduct a Paleontological Records Search via the San Diego Natural History Museum. This
task will determine the paleontological sensitivity of the project area and determine if there
are any known paleontological or geological localities within the project boundary;
. Conduct a Sacred Lands record search through the Native American Heritage Commission
(NARC) and consultation with Native American groups identified by the NARC as having
affiliation with the project vicinity. Consultation will be in the form of a letter sent via
certified mail that will indicate the project area, the nature of the project, and request their
participation with respect to any concerns they may have about the effects of the proposed
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project on Native American cultural resources. The Consultant shall contact the respective
groups approximately two weeks after anticipated receipt of the letters if the Consultant has
not received a response in that time frame. Results of the search and consultation will
provide information as to whether there are any locations in the vicinity of the subject
property that are culturally sensitive to Native AmericaJ?5;
Conduct field survey for Cultural and Paleontological Resources. This task will consist of a
systematic pedestrian survey of the subject property at intervals not greater than 15 meters
between each surveyor. Locations of any previously identified cultural or paleontological
resources will be revisited, remapped, and assessed. All identified cultural resources and
fossil localities will be mapped with a sub-meter accuracy GPS unit. The Consultant shall
record up to two new archaeological sites or fossil localities if encountered. All identified
cultural resources will be recorded on California Department of Parks and Recreation (DPR-
523) forms;
Identify mitigation measures, as appropriate, if significant cultural and paleontological
impacts are identified.
.
Draft EIR Preparation
The Consultant shall prepare the first screencheck Draft EIR for review by the City of Chula Vista.
In general, the Draft EIR and associated technical studies shall assemble all available data, originate
new studies and provide an assessment of the probable short- and long-term cumulative impacts of
the project. In addition, the Draft EIR shall provide an evaluation of all feasible mitigation
measures, which could be carried out to reduce or eliminate adverse impacts of the proposed project.
The Draft ErR, where appropriate and as directed by City staff, shall also analyze all feasible
alternatives to the project as proposed.
The Consultant shall prepare the ErR in the following format:
Table of Contents
Executive Summary. This section provides an overview of the proposed project, and the key
conclusions set forth in the EIR regarding environmental impacts and mitigation measures. It
will summarize the background and need for the project, required discretionary actions, any
known areas of controversy, and the objectives and basic characteristics of the project. The
Executive Summary will identify and briefly discuss the environmental impacts associated with
implementation of the project (whether beneficial or adverse, significant or less than significant),
and will contain a summary analysis of alternatives to the project. The Executive Summary will
also include a table identifying all of the issues evaluated, their impacts, corresponding
mitigation measures, and the level of impact significance after mitigation.
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Introduction. This Section describes the purpose, scope and legislative authority of the EIR, the
intent ofCEQA and other pertinent environmental rules and regulations, and the environmental
review process. The section will also include the structure, required contents and relationship of
the EIR to other potential responsible or trustee agencies. The EIR's relationship to previously
prepared documents, including the 1993 Program EIR for the Otay Ranch General Plan
Amendment (GPA)/General Development Plan (GDP)/Subre~ional Plan (SRP) and the 2005
Master Program EIR for the Chula Vista General Plan and Otay Ranch General Development
Plan, will be described. This discussion will include specifics regarding how the EIR will utilize
"tiering," as provided for in CEQA Guidelines 15152, and how the SPA level of analysis relates
to earlier GDP analyses. The environmental permitting framework for subsequent projects
within the EVC will also be described, along with an explanation of how the document has been
designed to account for variations in the potential environmental consequences of site specific
proposals in a manner that will provide the greatest possible clearance for future proj ects under
CEQA.
Environmental Setting. This section will provide an overview of the environmental setting for
the project, including a description of physical conditions and natural resources in the project
vicinity and from a regional perspective. This section will also defme the related projects and/or
growth factor assumptions used as the basis for the cumulative impact analyses.
Proiect Description. The scope of work for this section of the EIR will include the
following:
. Location and Boundaries: This subsection shall provide a description of the size,
boundaries, and location of the project at the local and regional level. Supporting
graphics will be provided.
. Statement of Objectives: This subsection shall define the objectives and underlying
purpose of the project. It is assumed that these objectives will be developed jointly
between the applicant and the City and will most likely reflect planning, environmental,
and economic goals. The Statement of Project Objectives, in conjunction with an
identification of the Project's significant impacts, will provide the basis for selecting a
reasonable range of project alternatives to be evaluated within the EIR.
. Project Characteristics: This subsection shall provide an overview of the project and
describe its specific attributes. Project characteristics will be described based on a draft
SPA Plan, Tentative Subdivision Map, Planned Community District Regulations, Design
Plan, Parks and Recreation Master Plan, one or more Master Precise Plans and other
relevant descriptive information provided by the applicant. This section will also state
the time frame for project construction and phasing, required discretionary actions and
approvals, agencies expected to use the EIR, and any federal, state or local environmental
review and consultation requirements related to the CEQA process.
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Environmental Impact Analvsis. For each issue identified in the Initial Study, this section will
provide an analysis based on the following structure: Existing Environmental Setting,
Thresholds of Significance, Impacts, Level of Significance Prior to Mitigation, Mitigation
Measures, and Level of Significance after Mitigation. The assessment of environmental impacts
will be consistent with CEQA and the CEQA Guidelines (Section 15126). The EIR will be
"tiered" from the previously certified Program EIR (90-0 I) for, the Otay Ranch GDP and will
represent a "second tier" level of analysis. The following is' an overview of the technical
approach proposed to address each environmental topic in the EIR:
Land Use, Planning and Zoning: The land use analysis will describe existing land uses
and infrastructure within and adjacent to the SPA, and existing plans and policies that
apply to the SPA and adjacent areas. Proposed changes to land use and plans will be
described, and analysis will be conducted of consistency with plans/policies, and the
compatibility (use type and intensity) between SPA uses and these uses and adjacent
existing and planned development. Both plan-to-plan and plan-to-ground analyses will
be conducted. The Consultant shall:
. Describe and map existing land use and applicable plans and zoning for the site and
surrounding areas; and
. Summarize applicable local, regional, state and federal plans, policies, regulations
and guidelines; and
. Discuss land use compatibility associated with past and present site activities and
adjacent uses; and
. Define Thresholds of Significance for land use impacts; and
. Describe proposed plans and discretionary actions being sought, including but not
limited to approval of the SPA Plan and accompanying plans and documents, a
Tentative Subdivision Map, one or more Master Precise Plans, and a possible
amendment to the Reserve Management Plan; and
. Assess the plans (including grading plans) and discretionary actions being sought and
their potential to result in physical impacts on the environment that could translate to
incompatible land use. The assessment would also evaluate the project's potential to
impact adjacent properties under other ownership. Compatibility (by type and
intensity) of proposed land uses and activities internal to the SPA and with
surrounding areas will be evaluated based on individual and combined impacts
associated with traffic, air quality, noise, aesthetics and other issues. Carefully
evaluate the transition between proposed land uses and adjacent land uses (both
existing and planned); and
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Evaluate the project's consistency with applicable local, regional, state or federal
land use policies and programs; and
Develop mitigation measures to address significant land use impacts.
.
Landform Alteration/Aesthetics:.This section shall ev~uate the potential for the project
to have an impact on landform and aesthetics. The anal%is will be illustrated through
the use of maps, photographs, and other graphic illustrations. The Consultant shall:
. Define baseline conditions by describing the existing visual quality of the site and
surrounding areas and identifying valued focal or panoramic views and aesthetic
features;
. Describe relevant regulations, policies and guidelines governing views and aesthetic
considerations. As applicable provisions of view ordinances, design guidelines, and
general plan and scenic highway plans will be summarized;
. Define Thresholds of Significance to determine impacts with respect to
aesthetics/views;
.
Identify impacts based on the proposed SPA plan, Master Precise Plan, Community
Planning District Regulations, the project Design Plan, and other relevant project
materials, with emphasis on the potential for the project to: introduce features that
would detract from the aesthetic quality of the area or conflict with applicable design
guidelines; alter landform or remove features that contribute to the aesthetic character
of the area; or obstruct or diminish valued views from public gathering places or
designated scenic highways, corridors or parkways. This evaluation will include
assessment of the project's potential to compromise future view potential or aesthetic
resources accounted for in approved planning documents;
Identify mitigation measures as appropriate for significant landform impacts.
.
Traffic, Circulation and Access: This section of the EIR shall summarize the results of the
final Traffic Impact Analysis prepared by KHA, as described in Section 5(B) above. The
final Traffic Impact Analysis will be included as an appendix to the EIR.
Noise: This section of the ErR shall summarize the results of the fmal Noise Impact
Assessment prepared by the Consultant, as described in Section 5(B) above. The fmal Noise
Impact Assessment will be included as an appendix to the EIR.
Air Quality: This section of the EIR shall summarize the results of the Air Quality Impact
Analysis prepared by the Consultant, as described in Section 5(B) above, The fmal Air
Quality Report will be included as an appendix to the EIR.
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Biological Resources: The section of the EIR shall summarize the findings of the Biological
Resources Impact Assessment( s) provided by the Applicant. This section shall address the
applicable regulatory framework, existing conditions for biological resources, and
methodology. Based on the fmdings in the assessment and the Thresholds of Significance
established under the CEQA Guidelines (Section 15064.5) and Public Resources Code
(Section 5020.1 (q)), project-specific and cumulative direc(lU1d/or indirect impacts will be
identified. Cumulative impacts will be assessed and mitigation measures will be provided
where feasible for significant impacts. The final Biological Resources Impact Assessment(s)
will be included as an appendix to the EIR.
Cultural Resources: This section of the EIR will summarize the fmdings of the final
Cultural and Paleontological Resources Technical Report prepared by the Consultant as
described in Section 5(B) above. The fmal Cultural and Paleontological Resources Technical
Report will be included as an appendix to the EIR.
Paleontological Resources: This section of the EIR will summarize the findings ofthe final
Cultural and Paleontological Resources Technical Report prepared by the Consultant as
described in Section 5(B) above. The fmal Cultural and Paleontological Resources Technical
Report will be included as an appendix to the EIR.
Agricultural Resources: This section of the EIR shall assess the project's contribution to
loss of agricultural resources and will evaluate the effectiveness of the Agricultural Plan
(applicant prepared) to provide a buffer between agricultural and adjacent land uses.
The Consultant shall:
. Defme and map "Farmland with Statewide Importance," "Farmland with Local
Importance", and "Prime Agricultural Soils" for the site and surrounding areas as
shown on the Program EIR for the Otay Ranch GP AlGPD/SRP and designated by the
Soil Conservation Service;
. Summarize applicable local, regional, state and federal plans, policies, regulations
and guidelines that address agricultural resources (including the Williamson Act) or
that regulate agricultural activities;
. Discuss historical agricultural uses and irrigation systems of the site and the
surrounding area and describe current site conditions, current agricultural activities,
and any resulting conflicts with adjacent uses;
. Define Thresholds of Significance for agricultural impacts based on Appendix G of
the CEQA Guidelines;
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Quantify the loss of "Fannland with Statewide Importance," "Fannland with Local
Importance," and Prime Agricultural Soils as a result of proposed development and
regionally as a result of development of Otay Ranch;
Describe the Agricultural Plan and how interim agricultural activities will be
permitted under this plan;
Assess the effectiveness of the buffering guidelines cd~tained in the Agricultural Plan
to prevent potential impacts associated with noise, odors, dust, insects, rodents, and
chemicals associated with agricultural activities; and
Describe significant impacts to local and regional agricultural resources that would
remain after implementation of the Agricultural Plan and propose additional
mitigation measures as appropriate to reduce significant impacts.
.
.
.
Hydrology/Drainage/Water Quality: This section of the EIR shall summanze the
Hydrology and Drainage Study provided by the Applicant. The Hydrology and Drainage
Study shall be included in the appendix to the EIR. This section of the EIR shall:
. Describe the existing site conditions, including drainage patterns, flows and water
quality for the project area;
. Identify existing and planned drainage systems that would serve the site and
document any known constraints to off-site drainage facilities;
. Review and describe relevant local, regional, state and federal standards and
regulations related to hydrology and drainage, including Standard Urban Storm Water
Mitigation Plans that apply to the project as defmed by the Regional Water Quality
Control Board;
. Develop Thresholds of Significance for identifYing hydrology and drainage impacts;
. Describe drainage facilities and detention facilities proposed or altered by the project
as described in the Drainage Study;
. Evaluate changes in hydrology and drainage resulting from increases in impervious
surfaces, proposed site activities, and intensification of land use;
. Evaluate potential impacts related to drainage, including issues associated with
below-grade transit and a high groundwater table, flooding, and construction of new
or expanded drainage facilities; and
. Provide mitigation measures for significant impacts on hydrology or drainage,as
appropriate.
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"
Geology and Soils: The EIR shall summarize the Geotechnical Report(s) provided by the
Applicant. The Geotechnical Report(s) shall be included in the appendix to the EIR. This
section of the EIR shall:
. Describe relevant local, regional, state and federal standards and regulations that
apply to geology and soils;
. Identify thresholds of significance for identifying iiN'pacts on geology and soils;
. Assess impacts associated with fault rupture, seismic ground shaking, seismic-related
ground failure such as liquefaction, landslides, soil erosion, subsidence or expansive
soils, and methane gas; and
. Identify mitigation measures as appropriate to reduce significant impacts.
Public Services and Utilities: This section of the EIR shall evaluate potential impacts on
public services and utilities.. The Consultant shall consult with local service providers as
wen as summarize the findings of other relevant approved planning documents and master
plans including, but not limited to, analyses from the 1993 Program EIR (90-01) for the Otay
Ranch GDP/SRP and the 2005 Program EIR for the General Plan Update, in order to
adequately define applicable thresholds of significance, evaluate the potential for impacts,
and identify feasible mitigation to fire protection (including EMS), police services, library
services, schools, recreational resources (parks, recreation and open space), water, sewer,
solid waste disposal, energy (gas and electricity), and telephone and cable services.
Hazards/Risk of Upset: This section of the EIR shall evaluate the potential for hazards
and risk of upset related to fire, ground and water contamination, toxic waste,
underground pipelines and storage tanks, landfills and other possible issues of concern.
The analysis will incorporate relevant information and analyses from the 1993 Otay
Ranch Program EIR (90-01), the recent General Plan Update Program EIR, and the
applicant prepared Phase I Environmental Site Assessment (ESA). The section shall:
. Identify, describe and map potential hazards within and adjacent to the project area
based on information provided in the Phase I ESA, existing Program EIRs and other
sources;
. Define thresholds of significance, focusing on the potential for impacts associated
with hazards and risk of upset;
. Evaluate the potential for impacts related to hazards to the public or environment
through transport, use or disposal of hazardous materials, upset or accidents
involving hazardous materials, hazardous materials sites, public or private airports,
wildland fires, or interference with emergency response or evacuation plans; and
. Develop mitigation measures as appropriate to address any significant impacts
relating to hazards or risk of upset.
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Housing and Population:.This section of the EIR shall evaluate the potential for the proposed
project to result in impacts on housing and population within the City. The section shall:
.
Identify existing housing and population conditi~ns based on the recent General Plan
Update and associated Program EIR, other City sQurces, Census 2000 data and
associated projections for population and housing;
Describe regulatory provisions and City policies related to population and housing;
Define thresholds of significance based on applicable guidelines;
Evaluate conflicts related to housing supply or growth; and
Identify mitigation measures as appropriate to reduce significant impacts.
.
.
.
.
Compliance with the City Threshold and Standards Policy and Findings of Fact: Based on
the analyses presented in the public services and facilities section of the EIR, the Consultant
shall review and evaluate the proposed project's compliance with the City's Growth
Management Ordinance (Chapter 19.09 of the Mwricipal Code) that contains Quality of Life
Threshold Standards related to the following issues: drainage, traffic, fiscal, police, schools,
libraries, water, air quality, sewage, fire/emergency services, parks, recreation and open
space. This Section of the EIR shall summarize the project's consistency with the
established thresholds standards and determine if the requirements have been satisfied.
Alternatives: The Alternatives section will include an analysis of alternatives consistent with the
CEQA Guidelines. The alternatives will be based on information discussed at the project
orientation meeting and assumptions provided by the City. It is assumed that three (3)
alternatives and the mandatory No Project Alternative (Plan-to-Ground and Plan-to-Plan) will be
analyzed in the EIR. A discussion of other alternatives that were considered and supporting
rationale indicating they were determined infeasible will also be provided.
For each alternative, this section will provide a description of the alternative, consideration of the
alternative's feasibility in relationship to the project objectives, and a comparative analysis of the
environmental impacts of the alternative versus the impacts as a result of the proposed project.
The alternatives will be evaluated in a more qualitative and comparative manner than the analysis
described above for the proposed project.
Other Mandatorv CEOA Sections: The Consultant shall prepare other required CEQA
analyses within this chapter of the EIR, which include: Cumulative Impacts; Effects Found
Not to be Significant; Significant Irreversible Environmental Changes; and Growth-Inducing
Impacts.
Mitigation Monitoring and Reporting Program: The Mitigation Monitoring and Reporting
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Program (MMRP) will be developed at the draft EIR stage and finalized after the close of public
review. The MMRP will be prepared in conformance with CEQA Guidelines Section 21 082 and
City requirements. The MMRP specifically will include monitoring team qualifications, specific
monitoring activities, a reporting system and criteria for evaluation the success of the mitigation
measures. Mitigation measures will address impacts at the E.liC SPA Plan level and refer to the
appropriate implementing permits. The MMRP will be bOu'nd:ip.to the Final ElR.
,
References. Persons and Agencies Contacted and EIR Preparation: The ElR will contain a list of
all references used and persons and agencies contacted in preparation of the EIR. In addition, the
ElR will list all persons involved in the preparation of the document and their title and role.
Draft EIR Processing and Document Revisions
The Consultant shall prepare three (3) screencheck draft EIRs prior to preparation of the public
review version of the Draft EIR. The second, third and public review copies of the Draft EIR will
incorporate comments received on prior versions of the reports. Documents submitted as part of
each Screencheck review will be printed on different colored paper so as to clearly distinguish a
current version from a previous one. The Consultant shall prepare the Notice of Availability for
public review distribution.
Final EIR Preparation and Content
Upon completion of agency and public review, the Consultant will prepare written responses to all
letters of comment received. All comments received in response to the ElR will be discussed with
the City staff, and an approach to the responses will be subject to City approval prior to preparation
of the draft responses. Draft responses to comments will be submitted to City staff for review. The
Consultant will then revise responses in accordance with City directions and will prepare the
document for final distribution. KHA will assist in the preparation of responses to public comments
on the traffic study.
The Consultant will draft candidate Findings and a Statement of Overriding Considerations, if City
determines this to be necessary, for consideration by the decision-maker in certifYing the EIR. The
Findings will include all measures which would be implemented to mitigate potentially significant
impacts; a statement, as appropriate, that the project mitigation may be the responsibility of another
agency; and an evaluation of project alternatives and why each was found to be infeasible. A major
portion of the Findings will be compiled using information contained in the ElR. The Statement of
Overriding Considerations will present the social, economic or other reasons why the project should
be approved even though significant environmental impacts may result (i.e., why the project's
benefits override the environmental issues). These will be presented in draft form to the City,
revised as City determines to be necessary, and printed to accompany the Final ElR for review and
consideration by the City of Chula Vista, Planning Commission, and ultimate adoption by the City
CounciL
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The draft Final EIR will include the ErR text with necessary revisions requested by City staff or as a
result of the public review process, letters of comment and responses, the Findings and Statement of
Overriding Considerations (if applicable), appendices, and the Mitigation Monitoring and Reporting
Program. Following review and approval ofthe responses to lett~rs of comment and any changes to
the text of the document, the Consultant will prepare a draft Final EIR for review by City staff. The
Consultant will also prepare the Notice of Determination and California Department of Fish and
Game Fee Certification.
Meetings and Hearings
The Consultant's work efforts will involve on-going project management to include regular
coordination with City staff and project team members. The Consultant's project manager will meet
weekly with City staffto discuss the EIR progress and issues as they arise. At the request of the City,
the Consultant shall assist with the preparation of meeting agendas and minutes. The scope of work
includes Consultant's attendance at the following meetings and hearings.
. One (1) project initiation meeting
. One (1) project workshop
. One (1) scoping meeting
. Eighteen (18) weekly meetings with City staff to discuss EIR progress and issues as they
anse;
One (1) Resource Conservation Commission meeting;
One (I) Planning Commission public hearing to close public review of the DEIR;
One (I) Planning Commission hearing on the FEIR and related environmental documents;
and
One (I) City Council Hearing on the FEIR and related environmental documents.
.
.
.
.
In addition, upon request of the City, KHA shall be available to attend project status meetings,
project briefings, and City Council meetings, and shall be responsible for assisting with the
preparation of materials for those meetings. KHA will be responsible for attending the following
meetings:
. One (I) project initiation meeting with the City, Applicant(s), and others determined by City
staff;
. One (I) project workshop;
. One (I) scoping meeting;
. Two (2) coordination meetings with the City, SANDAG and SANDAG's consultant for the
Southbay BRT project;
. Twelve (12) monthly meetings with City staff to discuss EIR progress and issues as they
anse;
One (I) Resource Conservation Commission meeting;
One (I) Planning Commission public hearing to close public review of the DEIR;
One (I) Planning Commission hearing on FEIR; and
.
.
.
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. One (I) City Council meeting on FEIR
Deliverables
Screencheck Initial Study and Notice of Preparation
'"
. Five (5) copies of the Screencheck Initial Study and Notice orPreparation will be provided to
the City. The Screencheck Initial Study and Notice of Preparation shall be prepared in
Microsoft Word 2000 and shall be printed at 1.5 spacing.
. Following receipt of comments on the First Screencheck Initial Study and Notice of
Preparation, seventy-five (75) copies of the Finallnitial Study and Notice of Preparation will
be provided to the City, The Finallnitial Study and Notice of Preparation shall be prepared in
Microsoft Word 2000.
Technical Studies
The Consultant shall provide the following technical studies to the satisfaction of the City's
Environmental Review Coordinator:
. Traffic Impact Analysis - five (5) copies
. Air Quality Assessment-five (5) copies
. Noise Assessment- five (5) copies
. Cultural / Paleontological Resources Report- five (5) copies
Screencheck Draft EJR
. Twenty-five (25) total copies of the First Screencheck Draft ElR and Technical Appendices,
in three-ring binders will be provided to the City. The First Screencheck Draft EIR shall be
prepared in Microsoft Word 2000 and shall be printed at 1.5 spacing. Appendices shall be
single-spaced,
. Following receipt of comments on the First Screencheck Draft EIR by City staff, Consultant
will make the required revisions and provide twenty-five (25) total copies of the Second
Screencheck Draft EIR and Technical Appendices in three-ring binders, The Second
Screencheck Draft ElR shall be prepared in Microsoft Word 2000 and shall be printed at 1,5
spacing. Appendices shall be single-spaced.
. Following receipt of comments on the Second Screencheck Draft EIR by City staff,
Consultant will make the required revisions and provide five (5) total copies of the Third
Screencheck Draft EIR, first draft MMRP and Technical Appendices in three-ring binders.
The Third Screencheck Draft EIR shall be prepared in Microsoft Word 2000 and shall be
printed at single spacing. Appendices shall be single-spaced.
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"
Public Review Draft EIR
. Following City staff review of the Third Screencheck EIR, Consultant will make the required
revisions and prepare the document for public review. One hundred copies (100) total copies
of the Draft EIR, MMRP and Appendices, including twenty (20) copies of the documents in
three-ring binders and eighty (80) copies of the document on Compact Disk (CD) will be
provided to the City. CDs submitted to the City shall be accompanied by a hard copy of the
Executive Summary with a pouch to hold the CDs. PCR will prepare the Notice of
Completion for the City, and the City will handle the public review distribution.
. Consultant shall prepare Draft Candidate CEQA Findings of Fact and, if necessary, a
Statement of Overriding Considerations for review by City of Chula Vista staff and legal
counsel after distribution of the Draft EIR for public review. Consultant shall submit five (5)
copies of the draft Candidate Findings of Fact and Statement of Overriding Considerations
with the draft responses to comments.
Final EIR
. Following the close of public review, Consultant shall meet with City staff to discuss
comments received. Following consultation with City staff, Consultant shall provide draft
responses to comments received during public review.
. Consultant shall prepare a Screencheck Final EIR (SFEIR). The SFEIR will include
corrections and additions to the DEIRand technical reports, if appropriate; a draft Mitigation
Monitoring and Reporting Program (MMRP); a list of persons, organizations, and public
agencies commenting on the DEIR; comments and responses on the DEIR; and, DEIR
comment letters and hearing testimony. Consultant shall submit twenty-five (25) copies of
SFEIR to the City for review by City of Chula Vista staff.
. Upon City staffs approval of the SFEIR' Candidate CEQA Findings of Fact and, if
necessary, Statement of Overriding Considerations, Consultant will prepare a Final EIR,
MMRP, Appendices, Candidate CEQA Findings of Fact and Statement of Overriding
Considerations (if applicable). Consultant will provide twenty-five total (25) copies
including ten (10) in three -ring binders, and ten (10) copies on CD of the Final EIR,
MMRP, Appendices, and Candidate CEQA Findings of Fact and Statement of Overriding
Considerations (if applicable). In addition, one (1) reproducible master copy of the FEIR
suitable for reproduction on City equipment and not three-hole punched will be provided.
One computer disk copy of the FEIR and related documents that can be read by Microsoft
Word 2000 will also be provided.
6: Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
( X ) Same as Effective Date of Agreement
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f
Dates or Time Limits for Delivery of Deliver abies (Screencheck technical reports assume two
sets of revisions to address City comments. Final technical reports shall adequately address all City
comments, summarize existing and future conditions analyses, and provide appropriate text, tables,
and graphics for use in the EIR document):
. .
,
. Provide Screencheck Initial Study and Notice of Preparation - October 3 I,
2006.
. Final Initial Study and Notice of Preparation: Two (2) days after receipt of
City comments on Screencheck Initial Study and Notice of Preparation.
. Final Cultural / Paleontological Resources Report - December 22, 2006.
. Final Traffic Impact Assessment- February 9, 2007.
. Final Air Quality Report - March 26,2007.
. Final Noise Impact Assessment- March 26, 2007.
. First Screencheck Draft EIR, MMRP and Technical Appendices - April 9,
2007.
. Second Screencheck Draft EIR, MMRP and Technical Appendices - Two (2)
weeks after receipt of City comments on First Screencheck Draft EIR.
. Third Screencheck Draft EIR, MMRP and Technical Appendices - Three (3)
weeks after receipt of City comments on Second Screencheck Draft EIR.
. Public Review Draft EIR, MMRP and Technical Appendices - One (1) week
after receipt of City comments on TIrird Screencheck Draft EIR.
. First Draft Findings and Statement of Overriding Considerations, if
applicable - July 26, 2007.
. First Draft Responses to Comments received during public review -
September 6, 2007.
. SFEIR including corrections and additions to the DEIR; fmal technical
reports; MMRP; a list of persons, organizations, and public agencies
commenting on the DEIR; comments and responses on the DEIR; and, DEIR
comment letters and hearing testimony - October 4, 2007.
. Final EIR for public hearing including final responses to comments, Findings
and Statement of Overriding Consideration - One (1) week after receipt of
City comments on Screencheck Final EIR.
Dates for completion of all Consultant services: Date of City Council final action on
environmental documents, or completion of all tasks to the satisfaction of the City's Director of
Planning and Building, whichever is later.
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7. Documents to be provided by Applicant to Consultant:
(x) site plans (x) grading plans (x) architectural elevations (x) project description (x)
biological technical reports addressing on- and off-site resources (x) water I sewer studies (x)
geotechnical reports addressing on- and off-site resources (x) water quality technical report
addressing on- and off-site resources. : '.
( ) other: '
8. Contract Administrators.
City:
Bob McSeveney, Principal Management Assistant
Public Services Building
276 Fourth Avenue
Chula Vista, CA 92010
Tel: (619) 585-5712
Applicant:
Todd Galarneau
Vice President
McMillin Companies
PO Box 85104
San Diego, CA 92186-5104
Tel (619) 794-1303
Consultant:
Jay Ziff, Principal
PCR Services Corporation
233 Wilshire Boulevard, Suite 130
Santa Monica, CA 90401
Tel: (310) 451-4488
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict of Interest Code:
( X) Not Applicable. Not an FPPC Filer.
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( )
Category No.1.
( )
Category No.2.
( )
Category No.3.
( )
Category No. 4.
( )
Category No.5.
( )
Category No. 6.
( )
Category No. 7.
10. Insurance Requirements:
/
Investments and sources of income.
Interests in real property.
Investments, interest in real Ploperty and sources of income
subject to the regulatory, permit or licensing authority
of the department.
Investments in business entities and sources of income which
engage in land development, construction or the
acquisition or sale of real property.
Investments in business entities and sources of income of the
type which, within the past two years, have contracted
with the City of ChuIa Vista (Redevelopment Agency)
to provide services, supplies, materials, machinery or
equipment.
Investments in business entities and sources of income of the
type which, within the past two years, have contracted
with the designated employee's department to provide
services, supplies, materials, machinery or equipment.
Business positions.
(X) Commercial General Liability: $1,000,000.
(X) Automobile Liability: $1,000,000.
(X) Worker's Compensation: Statutory
(X) Employer's Liability: $1,000,000.
(X) Errors and Omissions Liability: $2,000,000.
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/
Exhibit B
Additional Recitals
2.7. The Applicant has deposited an initial sum for the p~ocessing of requests for proposals,
draft and fmal EIR's, and all other necessary environmental docum~nts as outlined in Exhibit "B"
including a mitigation monitoring program; and '
2.8. A public Request for Qualifications (RFQ) of the required environmental services was
given to the Association of Environmental Professionals, American Planners Association, and to all
consulting firms listed on the City's list of Qualified Environmental Consultants inviting prospective
Consultants to submit qualifications for projects of this nature; and
2.9. Six proposals were submitted in response to the RFQ;
2.10. A selection Committee was established pursuant to Section 2.56.11 0 of the Municipal
Code to review the qualifications of each firm based on established evaluation criteria in order to
create a short-list of the most qualified firms for projects of this nature; and
2.11. A Request for Proposals (RFP) of the required environmental services was given to the
three consulting firms that qualified for the short-list inviting those firms to submit a proposal for
projects of this nature; and
2.12. A Selection Committee was established pursuant to Section 2.56.11 0 of the Municipal
Code to review the qualifications and conduct interviews of the most qualified firms based on
established evaluation criteria;
2.13. The Selection Committee interviewed the top two firms and recommended PCR to
perform the required services for the City;
2.14. The Environmental Review Coordinator has negotiated the details of this agreement in
accordance with the Environmental Review Procedures;
2.15. The Applicant has deposited or will deposit funds for the consulting services necessary
for the preparation of the environmental documents;
2.16. PCR is uniquely qualified to serve as the Environmental Consultant for this contract
based on their familiarity with the project and project site, demonstrated ability to perform while
working as a Consultant to the City, and their familiarity with project requirements;
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}
2.17. PCR represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City of Chula Vista within the necessary timeframes;
and
2.18. The proposed contract with PCR to provide consultant services would be in an amount
not to exceed $465,406.00 with an additional $116,351.50 for:additional services should they be
,.
,
necessary.
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,
I
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
(X) Single Fixed Fee Arrangement.
"
F or performance of all of the General and Detailed Services of Consultant as herein required,
Applicant shall pay a single fixed fee in the amounts and at the times or milestones set forth below:
(x) Single Fixed Fee Amount: $581,757.50
Milestone or Event Amount or Percent
of Fixed Fee
I. Signing of this agreement by all parties and upon the $69,810.90 (15%)
request of the Consultant.
2. Submittal of First Screencheck Environmental $162,892.10 (35%)
Document'
3. Submittal of Second Screencheck Environmental $46,540.60 (10%)
Document"
4. Commencement of Public Review $69,810.90 (15%)
5. Completion of Final Environmental Document $69,810.90 (15%)
6. Completion of All Remaining Tasks as outlined in $46,540.60 (10%)
Exhibit "A" to this Agreement
Subtotal $465,406.00
7. 25% Contingency Fee'" (for task(s) as determined at the
sole discretion of the City's Environmental Review $116,351.50
Coordinator)
Total Fixed Fee Amount $581,757.50
,
F or purposes of payment, the first screen check shall completely address and analyze all issues
identified in the detailed scope-of-work (described in Exhibit "A") to the satisfaction of the
Environmental Review Coordinator. Payment shall not be made until the City's Environmental
Review Coordinator determines that a complete screencheck document has been submitted.
"
For purposes of payment the second screencheck shall completely address all comments identified in
the first screencheck to the satisfaction of the Environmental Review Coordinator. Payment shall not
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be made until the City's Environmental Review Coordinator determines that a complete second
screencheck document has been submitted.
...
Pursuant to Section 3.2.2 of this Agreement, the Environmental Review Coordinator in their sole
discretion independently and or upon request from the Consultant, may from time to time, negotiate
additional services to be performed by the Consultant unqer this Agreement in order to cover
unforeseen issues that may be identified during the preparatio~ of the environmental document
("Additional Services"). The cost of Additional Services in connection with the environmental
document shall not exceed 25% of the total contract amount ($116,351.50).
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed Fee
Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in the
amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee Arrangement").
Consultant shall not commence Services under any Phase, and shall not be entitled to the
compensation for a Phase, unless Applicant shall have issued a notice to proceed to Consultant as to
said Phase.
Fee for Phase
Said Phase
I.
$
2.
$
3.
$
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"
4.
$
( ) Time and Materials
F or performance of the General and Detailed Services"of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and htaterial spent by Consultant in
the performance of said Services, at the rates or amounts set forth hereinbelow according to the
following terms and conditions:
() Not-to-Exceed 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
General and Detailed Services herein required of Consultant for $
including all Materials, and other "reimburseables" ("Maximum Compensation").
( ) 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 CounciL Nothing herein shall preclude Consultant from providing additional Services
at Consultant's own cost and expense.
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Rate Schedule
Category of Employee Employee Name* Hourly Rate
President Gregory Broughton $274.00
Principal, Environmental Planning and Documentation Jay Ziff $170.00
Principal, Director of Biological Services Steve Nelson $218.00
Principal Planner, Environmental Planning and Documentation Gary Schalman $140.00
Principal Archaeologist Marcy Rockman $137.00
Principal Architectural Historian Margarita Wuellner $114.00
Principal Paleontologist Joe D. Stewart $137.00
Associate Principal, Director of Cultural Resources Management Mitchell Marken $160.00
Associate Principal, Director of Air Quality Services Heidi Rous $152.00
Associate Principal Sally Salavea $152.00
Associate Director of Air Quality Services and Environmental Acoustics Mark Hagmann $139.00
Senior Planner Lindsay Anderson $109.00
Senior Planner Mike Harden $109.00
Senior EcologisVGlS Coordinator Ryan Henry $109.00
Senior Biologist Kristen Szabo $109.00
Senior Archaeologist Amv Holmes $108.00
Planner Marisa Montoya $99.00
Engineer Everest Yan $99.00
Associate Archaeologist K vie Garcia $87.00
Associate Planner Connie Chen $87.00
Associate Biolm,]st Maile Tanaka $87.00
Assistant Planner Ailene Batoon $76.00
Archaeological Technician Michael Vader $47.00
"Other individuals from the Consultant fIrm may be substitnted in place of the names listed solely at
the discretion of the City's Environmental Review Coordinator.
( ) Hourly rates may increase by 6% for services rendered after
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/
Materials Separately Paid For by Applicant
Cost or Rate
(X) Materials
110% of Actual Cost
Reports
Copies
"
.
(X) Travel
(X) Printing
(X) Postage
(X) Delivery
(X) Long Distance Telephone Charges
( ) Other Actual Identifiable Direct Costs
110% of Actual Cost
110% of Actual Cost
110% of Actual Cost
110% of Actual Cost
110% of Actual Cost
Actual
Deposit
(X) Deposit Amount: $232,703.00. The remaining contract balance of $232,703.00 shall be
deposited at the City's request but no later than 10 days following the City's approval of the First
Screencheck Draft EIR. Applicant further agrees to deposit within 10 days if City requests to do so, a
sum (estimated to be up to $116,351.50 (contingency fee) for additional services if such services are
required by the City's Environmental Review Coordinator.
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this paragraph is
"checked", upon City's receipt of billing by Consultant, and determination by City in good faith that
Consultant's billing is proper, a judgment for which Applicant agrees to hold City harmless and
waive any claim against City, City shall pay Consultant's billing from the amount of the Deposit. If
Applicant shall protest the propriety of a billing to City in advance of payment, City shall consider
Applicant's protest and any evidence submitted prior to the due date for the payment of said bill by
Applicant in making its good faith determination of propriety.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to compensation
which shall remain unpaid by Applicant 30 days after billing, City may, at its option, use the Deposit
to pay said billing.
( ) Bill Processing:
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Standard Form Three Party Agreement
Page 47
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A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly ,
(X) Other: In accordance with the_milestones pr'oviQed herein.
,
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
(X) End of the Month
(X) Other: Upon completion of the milestones identified herein.
C. City's Account Number:
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Page 48
5-54
COUNCIL AGENDA STATEMENT
ITEM No.:
MEETING DATE: 10/17/06
G
ITEM TITLE: Resolution of the City Council of the City of Chula Vista awarding the
consultant agreement for Eastern University District Transit Plan to IBI
Group and authorizing the Mayor to execute the agreement.
SUBMlTfED BY' Di=.", ofP1='o, & B"i1ili"~
~
REVIEWED BY: Interim City Manager r/ ( 4/STHS VOTE: YES No 1L
SUMMARY:
The Eastern University District Plan will provide a conceptual transit-oriented plan and designs for
a critical 2,000-acre section of the master planned Otay Ranch community with a rapid transit
network linking Otay Ranch's town centers, a university campus, a regional technology park and
other urban centers in the region. Council approved Resolution 2005-324 to apply for and receive
the State grant funding for this project, and approved Resolution 2006-015 signing the transfer
agreement for the funds from the State. Now staffrecommends awarding the contract to IBI Group
to begin work on the plan. Total contract amount is $105,700.
RECOMMENDATION:
That City Council adopt the resolution awarding the consultant agreement with IBI Group and
authorize the Mayor to sign the agreement.
BOARD/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background Summary
The Eastern University District Transit Plan will provide a conceptual transit-oriented plan and
designs for a criticaI2,000-acre section of the master planned Otay Ranch community. Ultimately,
the project will provide a state-of-the-art Bus Rapid Transit (BRT) network linking Otay Ranch's
town centers, a university campus, a regional technology park, and an urban center with each other
and with activity centers in downtown San Diego, Southern San Diego County and the region.
6-1
Page 2, Item No.: ~
Meeting Date: 10/17/06
Specifically, we are proposing to conduct a series of studies that will form a framework for the
transit network within those centers. The plan will incorporate findings from a route analysis, a
station analysis, a facilities analysis, and a traffic analysis. A phasing and implementation plan will
identify task order and dependency as well as capital and operational requirements.
Consultant Selection Process
In April, 2006, City staff advertised a Request for Proposal for professional services to prepare the
Eastern University District Transit Plan, according to Council procurement policy. The City
received two proposals, both of which were well prepared. On June 12 and 13, both illI Group and
STY Incorporated were interviewed by a four-member panel consisting of a Principal Planner, a
Traffic Engineer and a Principal Management Assistant from the City, and a Transportation
Planner from the California Department of Transportation. Both firms were determined to be
qualified, capable and available to do the proposed project. The panel selected illI Group for the
contract award as the low bidder, thereby making additional grant funding available for
supplemental community outreach.
DECISION-MAKER CONFLICTS:
Not Applicable:
Staff has reviewed the decision contemplated by this action and has determined that it is not site
specific and consequently the 500 foot rule found in California Code of Regulations Section
1 8704.2(a)(1) is not applicable to this decision.
FISCAL IMPACT:
State grant funding will reimburse for the contract consulting services. To fulfill State
requirements for the grant, the City will provide matching funds of $50,390 in already-budgeted
stafftime.
Attachments
1. Two-party Agreement with illI Group.
H:\Planning\BobMc\Transit Grant A 113 10-17-06 rl
6-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AWARDING THE CONSULTING
AGREEMENT FOR THE EASTERN UNIVERSITY DISTRICT
TRANSIT PLAN TO IBI GROUP, AND AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT
WHEREAS, on September 20, 2005 Council approved Resolution 2005-324
accepting a Community-based transportation planning grant for the Eastern University
District Transit Plan; and
WHEREAS, on January 17, 2006 Council approved Resolution 2006-015
authorizing the Mayor to sign a fund transfer agreement with the State of California
Department of Transportation for the City to receive grant funds for the Eastern
University District Transit Plan proj ect; and
WHEREAS, in June, 2006, City staff completed the formal request for proposal
process to award the consulting services agreement to a third party to complete the
Eastern University District Transit Plan; and
WHEREAS, the consultant selection panel consisting of three City staff and one
Caltrans staff recommends awarding the agreement to IBI Group, a San Diego based
consulting firm.
NOW, THEREFORE, BE IT RESOLVED that the City of Chula Vista does
hereby award the consulting agreement for the Eastern University District Transit Plan to
IBI Group.
BE IT FURTHER RESOLVED that the Mayor IS authorized to SIgn said
agreement on behalf ofthe City.
Presented by
Approved as to form by
I
,
J.D. Sandoval
Planning & Building Director
H:\PlanninglBobMc\Transit Grant lEI Contract Reso IO-17-06.doc
6-3
THE A TT ACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIl"
-~) /
I, ."-;1
Ui .
Dated: \ D\ c\\ oc"
, '
Agreement Between the City of Chula Vista and IBI Group for
Transportation Planning Services
6-4
f
Parties and Recital page(s)
Agreement between
City of Chula Vista
and
IBI Group
for Transportation Planning ~ervices
This agreement ("Agreement"), dated November 1, 2006
for the purposes of reference only, and effective as of the date
last executed unless another date is otherwise specified in
Exhibit A, Paragraph 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, in April, 2006 the City advertised a request for
proposal for transportation services for the Eastern University
District Transportation Plan; and,
Whereas, the property which is the subject matter of this
Agreement is commonly known as the Eastern University District,
and is legally described as set forth in the attached Exhibit A
("Property"); and,
Whereas, Consultant was awarded the contract based on their
proposal submission and subsequent panel interview in a
competitive process; 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;
(End of Recitals. Next Page starts Obligatory Provisions.)
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Obligatory provisions Pages
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 "Defined Services".
Failure to complete the Defined Services by the times indicated
does not, except at the option of the City, operate to terminate
this Agreement.
C. Reductions in Scope of Work
City may independently, or upon request from Consultant,
from time to time reduce the Defined Services to be performed by
the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose
of negotiating a corresponding reduction in the compensation
associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set
forth, City may require Consultant to perform additional
consulting services related to the Defined Services ("Additional
Services"), and upon doing so in writing, if they are within the
scope of services offered by Consultant, Consultant shall perform
same on a time and materials basis at the rates set forth in the
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"Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate
fixed fee is otherwise agreed upon. All compensation for
Additional Services shall be paid monthly as billed.
E. Standard of Care
"
Consultant, in performing any Services:under this agreement,
whether Defined Services or Additional Services, shall perform in
a manner consistent with that level of care and skill ordinarily
exercised by members of the profession currently practicing under
similar conditions and in similar locations.
F. Insurance
Consultant represents that it and its agents, staff and
subconsultants employed by it in connection with the Services
required to be rendered, are protected against the risk 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 as an Additional Insured, and which is primary to any
policy which the City may otherwise carry ("primary Coverage"),
and which treats the employees of the City in the same manner as
members of the general public ("Cross-liability coverage") .
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance Coverage.
(1) Certificates 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
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"
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 the
Risk Manager.
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond in the form
prescribed by the City and by such sureties which are authorized
to transact such business in the State of California, listed as
approved by the United States Department of Treasury Circular
570, http://www.fms.treas.gov/c570, and whose underwriting
limitation is sufficient to issue bonds in the amount required by
the agreement, and which also satisfy the requirements stated in
Section 995.660 of the Code of Civil Procedure, except as
provided otherwise by laws or regulations. All bonds signed by
an agent must be accompanied by a certified copy of such agent's
authority to act. Surety companies must be duly licensed or
authorized in the jurisdiction in which the Project is located to
issue bonds for the limits so required. Form must be
satisfactory to the Risk Manager or City Attorney which amount is
indicated in the space adjacent to the term, "Performance Bond",
in said Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
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I
to the bank a letter, signed by the City Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in the space adjacent to the term, "Letter of
Credit", in said Paragraph 19, Exhibit A..'
','
(3) Other Security
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide security other than a
Performance Bond or a Letter of Credit (indicated by a check mark
in the parenthetical space immediately preceding the subparagraph
entitled "Other Security"), then Consultant shall provide to the
City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
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
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"
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 cbmpensate Consultant for
out of pocket expenses as provided in Exhibit A, Paragraph 12.
All billings submitted by Consultant shall contain
sufficient information as to the propriety of the billing to
permit the City to evaluate that the amount due and payable
thereunder is proper, and shall specifically contain the City's
account number indicated on Exhibit A, Paragraph 18 (C) to be
charged upon making such payment.
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
performance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate") .
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Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect. of delays to the work
and will not be granted for delays to minor'portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know Consultant has a financial interest other than the
compensation promised by this Agreement.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
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I
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the Defined Services, or in
any property within 2 radial miles from the exterior boundaries
of any property which may be the subject matter of the Defined
Services, ("Prohibited Interest"), other than as listed in
Exhibit A, Paragraph 15.
Consultant further warrants and represents that no promise
of future employment, remuneration, consideration, gratuity or
other reward or gain has been made to Consultant or Consultant
Associates in connection with Consultant's performance of this
Agreement. Consultant promises to advise City of any such
promise that may be made during the Term of this Agreement, or
for 12 months thereafter.
Consultant agrees that Consultant Associates shall 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
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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 or
alleged by third parties to be the result of the negligent acts,
errors or omissions or the willful miscondutt of the Consultant,
and Consultant's employees, subcontractors Or other persons,
agencies or firms for whom Consultant is legally responsible in
connection with the execution of the work covered by this
Agreement, except only for those claims, damages, liability,
costs and expenses (including without limitations, attorneys
fees) arising from the sole negligence or sole willful misconduct
of the City, its officers, employees. Also covered is liability
arising from, connected with, caused by or claimed to be caused
by the active or passive negligent acts or omissions of the City,
its agents, officers, or employees which may be in combination
with the active or passive negligent acts or omissions of the
Consultant, its employees, agents or officers, or any third
party.
With respect to losses arising from Consultant's professional
errors or omissions, 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) except for those claims arising from the
negligence or willful misconduct of 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.
Consultant's obligations under this Section shall not be limited
by any prior or subsequent declaration by the Consultant.
Consultant's obligations under this Section shall survive the
termination of this Agreement.
For those professionals who are required to be licensed by the
state (e.g. architects and engineers), the following
indemnification provisions should be utilized:
1. Indemnification and Hold Harmless Agreement.
With respect to any liability, including but not limited to
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I
claims asserted or costs, losses, attorney fees, or payments for
injury to any person or property caused or claimed to be caused
by the acts or omissions of the Consultant, or Consultant's
employees, agents, and officers, arising out of any services
performed involving this project, except liability for
Professional Services covered under Section.X.2, the Consultant
agrees to defend, indemnify, protect, and h~ld harmless the City,
its agents, officers, or employees from and against all
liability. Also covered is liability arising from, connected
with, caused by, or claimed to be caused by the active or passive
negligent acts or omissions of the City, its agents, officers, or
employees which may be in combination with the active or passive
negligent acts or omissions of the Consultant, its employees,
agents or officers, or any third party. The Consultant's duty to
indemnify, protect and hold harmless shall not include any claims
or liabilities arising from the sole negligence or sole willful
misconduct of the City, its agents, officers or employees. This
section in no way alters, affects or modifies the Consultant's
obligation and duties under Section Exhibit A to this Agreement.
2. Indemnification for Professional Services.
As to the Consultant's professional obligation, work or
services involving this Project, the Consultant agrees to
indemnify, defend and hold harmless the City, its agents,
officers and employees from and against any and all liability,
claims, costs, and damages, including but not limited to,
attorneys fees, losses or payments for injury to any person or
property, caused directly or indirectly from the negligent acts,
errors or omissions of the Consultant or Consultant's employees,
agents or officers; provided, however, that the Consultant's
duty to indemnify shall not include any claims or liability
arising from the negligence or willful misconduct of the City,
its agents, officers and employees.
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
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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 I 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.
10. Termination of Agreement for Convenience of City
City may terminate this Agreement at any time and for any
reason, by giving specific written notice to Consultant of such
termination and specifying the effective date thereof, at least
thirty (30) days before the effective date of such termination.
In that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
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".
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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 materi~ls 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, overtim~, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or
federal income tax, social security tax or any other payroll tax,
and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this
agreement, against the City unless a claim has first been
presented in writing and filed with the City and acted upon by
the City in accordance with the procedures set forth in Chapter
1.34 of the Chula Vista Municipal Code, as same may from time to
time be amended, the provisions of which are incorporated by this
reference as if fully set forth herein, and such policies and
procedures used by the City in the implementation of same.
2ptyIBIGroup 7-11-06rl
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"
good
over
Upon request by City, Consultant shall meet and confer in
faith with City for the purpose of resolving any dispute
the terms of this Agreement.
15.
At torney's Fees
Should a dispute arising out of this Agree~nt result in
litigation, it is agreed that the prevailing party shall be
entitled to a judgment against the other for an amount equal to
reasonable attorney's fees and court costs incurred. The
"prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a statement
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City,
Consultant shall have no authority to act as City's agent to bind
City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. Notices
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
2ptyIBIGroup 7-11-06rl
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~
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Capacity of Parties
Each signatory and party hereto hereby warrants and
represents to the other party that it has legal authority and
capacity and direction from its principal to enter into this
Agreement, and that all resolutions or other actions have been
taken so as to enable it to enter into this Agreement.
F. Governing Law/Venue
This Agreement shall be governed by and construed in
accordance with the laws of the State of California. Any action
arising under or relating to this Agreement shall be brought only
in the federal or state courts located in San Diego County, State
of California, and if applicable, the City of Chula Vista, or as
close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula vista.
[end of page. next page is signature page.]
2ptyIBIGroup 7-11-06rl
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I
Signature Page
to
Agreement between City of Chula Vista and IBI Group
for Transportation Planning 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:
, 2006
City of Chula Vista
by:
Stephen Padilla, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
Ann Moore, City Attorney
Dated:
By:
S't
By:
~
Exhibit List to Agreement
( X ) Exhibit A,
2ptyIBIGroup 7-11-06rl
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6-19
Exhibi t A
to
Agreement between
City of Chula Vista
and
IBI Group . f
1. Effective Date of Agreement: November 1, 2006
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
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
IBI Group
5. Business Form of Consultant:
) Sole Proprietorship
X) Partnership
) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
701 B Street, Suite 1170
San Diego, CA 92101
Voice Phone (619) 234-4110
Fax Phone (619) 234-4109
7. "Property" - Village Nine and Village Ten in the Otay Ranch
General Development Plan in the Eastern University
District of the City's General Plan.
2ptyIBIGroup 7-ll-06rl
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p
8. General Duties:
Consultant shall perform transportation planning services
for a 2,OOO-acre section of the master planned Otay Ranch
community. Ultimately, the project.'will provide a plan
using a state-of-the-art Bus Rapid Transit (BRT) network
linking Otay Ranch's town centers, a university campus, a
regional technology park, and an urban center with each
other and with activity centers in downtown San Diego,
Southern San Diego County and the region. There are seven
major tasks in the detailed scope of work.
9. Scope of Work and Schedule:
A. Detailed Scope of Work:
1. Task One - Public Involvement/Meetings: Consultant
shall attend monthly meetings with City's project
planning team. Consultant shall attend monthly
meetings with a project coordination group
containing major regional players. Consultant shall
attend four citizens advisory group (CAG) meetings:
Meeting 1 to cover Goals, Objectives and Serving the
Community; Meeting 2 to cover Transit Service
Concepts; Meeting 3 to cover Transit Station
Concepts and Surrounding Environment; and Meeting 4
to cover Implementation Plan Input. Consultant
shall attend two open house meetings: one following
the second CAG meeting; and the second following the
third SAG meeting. Consultant shall set up
community outreach/information booths for four days
at locations determined by the City to make the
community aware of the effort, objectives and
methods for their providing input.
2. Task Two - Station Analysis: Consultant shall
evaluate the feasibility for near-term use of
transit station sites in the University and in
Village 9, including two transit station concept
layouts for application to the different areas.
Provide two local stop concept layouts, and an
evaluation of station locations for near-term
implementation, and an evaluation of alternatives to
speed service and increase access. If stations are
identified that are not feasible in the near term,
2ptyIBIGroup 7-11-06rl
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I
Consultant shall evaluate alternative station sites
based on potential ridership and system
connectivity. This analysis shall include an
evaluation of where stations could be added or
deleted to speed the service and/or provide better
access to transit centers via surface streets.
<
3. Task Three - Traffic Analysis: Consultant shall
identify locations of priority treatments along
various identified transit routes. These may
include the use of dedicated lanes, or the need for
signal priority, queue jumpers, etc. for mixed flow
travel. This task shall also involve an analysis of
how the priority treatments will function and their
traffic impacts. Consultant shall evaluate
connectivity between the university campus and
Village 9 across Eastlake Parkway under the various
City alternatives in order to create seamless
transition in function between them. Consultant
shall also analyze how the elimination or reduction
of Eastlake Parkway would impact the quality of
parallel facilities in adjacent villages,
specifically the pedestrian-orientation of the
Village 9 couplets. Consultant shall conduct a
traffic impact analysis on the modifications.
4. Task Four - Appurtenant Facilities Analysis:
Consultant shall identify supporting proposed
facilities such as: park and ride lots, drop off
areas, bicycle facilities, and pedestrian
facilities. Consultant's report shall analyze and
describe local supporting land uses and their
applicability to the identified proposed support
facilities.
5. Task Five - Conceptual Engineering Sketches:
Consultant shall develop up to 10 engineering
concept sketches to represent intersections or
segments of transitway. Sketch level drawings shall
indicate the square footage of land required for the
stations, the layout and right-of-way required for
priority treatments (dedicated lanes, queue jumpers,
etc.); access into and out of the station
(pedestrian and vehicular); land use integration,
and park and ride capability. Simple concept
2ptyIBIGroup 7-11-06rl
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6-22
sketches shall be developed for key station
locations (identified in Task 2) .
6. Task Six - Capital Cost Estimates: Consultant shall
develop an order of magnitude capital cost estimate
for implementing the improveme~ts that are indicated
by the recommendations stated in Task 5. The
estimates shall include: Station and bus stops;
Priority treatments and mitigations proposed in Task
3; Supporting systems, rights-of-way, communications
and other related costs.
7. Task Seven - Phasing and Implementation Plan:
Consultant shall develop a phasing plan for
implementation of the project within the study area.
The phasing plan shall identify which actions are
dependent upon other actions and which can be
implemented independently. The phasing plan shall
clearly indicate how the system can be phased into
its entirety over five years. Each phase shall
indicate what is required in terms of capital
acquisition, construction, operations/service plans,
and how the project would be built up to achieve
full implementation. The analysis should consider:
Planned phasing and development of various
communities and sub-areas; Phasing of the connecting
regional transit services and the planned
roadway/freeway network; Logical increases in
service over time to match community build-out;
Stations to be developed or expanded; and, capital
costs associated with proposed priority treatments
and stations.
8. Task Eight - Combined Report: Consultant shall
combine all of the key final technical deliverables
into a final report.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Provide project information flyer and web page
materials to City for posting to City web site. Prepare overview
2ptyIBIGroup 7-11-06rl
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6-23
p
presentation, as well as additional presentation materials for
City planning team meetings, public meetings and community
meetings. Attend meetings as detailed in Task 1. Due Date:
From 11/1/06 to 5/30/07.
Deliverable No.2: Technical Report - Transit Service Concepts
and Station Locations Plan for EUC and vill~ge 9. Due Date:
March 15, 2007
Deliverable No.3: Technical Report - Transit Priority Measures
and Traffic Impacts Evaluation. Due Date: April 15, 2007
Deliverable No.4: Results of the Appurtenant Facilities analysis
as described in Task 4 to be included in the Technical Report
under Deliverable No.2. Due Date: March 15, 2007
Deliverable No.5: Conceptual engineering sketches, as described
in Task 5 to be included in Deliverable No. 1 public meetings and
to be included in Deliverable No.7, Phasing & Implementation
Technical Report. Due Date: April 30, 2007
Deliverable No.6: Technical report - Capital Cost Summary,
documenting results of the analysis. This document will contain
all the background/support information indicating how the final
results were developed. Due Date: May 31, 2007
Deliverable No.7: Chapter in Final Project Binder (Deliverable
No.8) - Draft Phasing & Implementation Plan, that documents the
results of the analysis. Due Date: May 31, 2007
Deliverable No.8: Combined Report Final Project Binder &
Electronic Files. Ten hardcopies of the report to be delivered
in a project binder, along with PDF versions of the documents on
CDs. Due Date: May 31, 2007
D. Date for completion of all Consultant services:
June 30, 2007
10. Insurance Requirements:
( X) General Liability: $1,000,000 per occurrence with the
City named as an additional insured. If Commercial
General Liability Insurance with a general aggregate
limit is used, the general aggregate limit must be
$2,000,000.
2ptyIBIGroup 7-11-06rl
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6-24
II
xl Automobile Liability: $1,000,000 per accident for
bodily injury and property damage.
X) Workers' Compensation: Statutory.
X) Employer's Liability: $1,000,000 each accident;
$1,000,000 disease-policy limi~~ $1,000,000 disease -
each employee. "
( X) Professional Liability or Errors & Omissions Liability:
$500,000 each occurrence; $1,000,000 policy aggregate.
11. Materials Required to be Supplied by City to Consultant:
None.
12. 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:
1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end
of each phase only the compensation for that phase
has been paid. Any payments made hereunder shall
be considered as interest free loans which must be
returned to the City if the phase is not
satisfactorily completed. If the phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that
phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each
interim payment such that, at the end of the
phase, the full retention has been held back from
the compensation due for that phase. Percentage
of completion of a phase shall be assessed in the
sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by
the City that has been provided, but in no event
shall such interim advance payment be made unless
2ptyIBIGroup 7-11-06rl
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6-25
II
the Contractor shall have represented in writing
that said percentage of completion of the phase
has been performed by the Contractor. The
practice of making interim monthly advances shall
not convert this agreement to a time and materials
basis of payment. .'
"
B.
(X )
Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set
forth. Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
City shall have issued a notice to proceed to Consultant as to
said Phase.
phase/Deliverable
Fee for Said Phase
1. Public Involvement/Meetings
2. Station Analysis
3. Traffic Analysis
4. Appurtenant Facilities Analysis
5. Conceptual Engineering Sketches
6. Capital Cost Estimates
7. Phasing/Implementation Plan
8. Final Report
9. 15% Contingency
$ 26,600
12,600
14,700
6,500
12,100
5,300
7,700
6,400
13,800
1. Interim Monthly Advances. The City shall make
interim monthly advances against the compensation
due for each phase on a percentage of completion
basis for each given phase such that, at the end
of each phase only the compensation for that phase
has been paid. Any payments made hereunder shall
be considered as interest free loans which must be
returned to the City if the Phase is not
satisfactorily completed. If the phase is
satisfactorily completed, the City shall receive
credit against the compensation due for that
phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each
2ptyIBIGroup 7-11-06rl
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6-26
.
interim payment such that, at the end of the
phase, the full retention has been held back from
the compensation due for that phase. Percentage
of completion of a phase shall be assessed in the
sole and unfettered discretion by the Contracts
Administrator designated tlerein by the City, or
such other person as the City Manager shall
designate, but only upon such proof demanded by
the City that has been provided, but in no event
shall such interim advance payment be made unless
the Contractor shall have represented in writing
that said percentage of completion of the phase
has been performed by the Contractor. The
practice of making interim monthly advances shall
not convert this agreement to a time and materials
basis of payment.
C. () Hourly Rate Arrangement
For performance of the Defined Services by Consultant as
herein required, City shall pay Consultant for the productive
hours of time spent by Consultant in the performance of said
Services, at the rates or amounts set forth in the Rate Schedule
hereinbelow according to the following terms and conditions:
(1) () Not-to-Exceed Limitation on Time and
Materials Arrangement
Notwithstanding the expenditure by Consultant of
time and materials in excess of said Maximum
Compensation amount, Consultant agrees that Consultant
will perform all of the Defined Services herein
required of Consultant for $ including
all Materials, and other "reimbursables" ("Maximum
Compensation") .
(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.
2ptyIBIGroup 7-11-06rl
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6-27
Rate Schedule
Category of Employee
of Consultant
Name
Senior Manager
Currie
,.
Land Use Planning Associate
Jackson
Director
Schibuola, Chow
Snr Transportation Engineer
Cooley
Project Manager
Wahl
Senior Consultant
Murphy
Transportation Engineer
Corby
Land Use planner
Dial
Support/Graphics
Not Specified
Project Planner
Altamore
13. Materials Reimbursement Arrangement
t
Hourly
Rate
196.39
192.70
185.95
151.28
149.36
137.55
105.88
79.76
75.64
72.89
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
() None, the compensation includes all costs.
() Reports, not to exceed $
() Copies, not to exceed $
(X) Travel, not to exceed $ 500:
(X) Printing, not to exceed $2,000:
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
not to exceed $
(Xl Other Actual Identifiable Direct Costs:
, not to exceed $1,000
2ptyIBIGroup 7-11-06rl
6-28
Cost or Rate
Page 24
I
, not to exceed $
14. Contract Administrators:
City: ,
Bob McSeveney, Principal Management 'As?istant, 276 Fourth
Av, Chula Vista, CA 91910, Ph: (619)585~5712, FAX: (619)409-
5861, email: bmcseveney@ci.chula-vist.ca.us
Consultant:
Dennis Wahl, Project Manager, 701 B Street, Suite 1170, San
Diego, CA 92101, Ph: (619)234-4110, FAX: (619)234-4109,
email: dwahl@ibigroup.com
15. Liquidated Damages Rate:
$ per day.
Other:
16. 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.
property and
regulatory,
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.
3. Investments, interest in real
sources of income subject to the
permit or licensing authority of the
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.
2ptyIBIGroup 7-11-06rl
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6-29
I
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. ;
i
Category No.7. Business positions.
( ) List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if any:
17. ) Consultant is Real Estate Broker and/or Salesman
18. Permitted Subconsultants:
None.
19. Bill Processing:
A) Consultant's Billing to be submitted for the following
period of time:
X) Monthly
) Quarterly
) Other:
B) Day of the Period for submission of Consultant's
Billing:
( X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C) City's Account Number: 27200-6401
20. Security for Performance
) Performance Bond, $
2ptyIBIGroup 7-11-06rl
Page 26
6-30
I
Letter of Credit, $
Other Security:
Type:
Amount: $
Retention. If this space is checked, then
notwithstanding other provisions to the contrary
requiring the payment of compensation to the Consultant
sooner, the City shall be entitled to retain, at their
option, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
Retention Percentage: %
Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
H:\planning\BobMC\2ptyIBIGroup 7-11-06 r1.doc
2ptyIBIGroup 7-11-06r1
Page 27
6-31
COUNCIL AGENDA STATEMENT
vi
Item No l
Meeting Date 10/17/2006
ITEM TITLE: RESOLUTION APPROVING REQUEST FROM THE CHULA
VISTA HIGH SCHOOL BAND AND PAGEANTRY CORP AND THE
CHULA VISTA SCHOOL FOR THE CREATIVE AND
PERFORMING ARTS TO CONDUCT THE 11TH ANNUAL BAND
REVIEW AND AUTHORIZING TEMPORARY STREET
CLOSURES AND WAIVING CITY FEES FOR POLICE SERVICES.
SUBMITTED BY: Chief of POliceGt.uJ "<>..j2.f'6
City Manager f
REVIEWED BY:
(4/5ths Vote: Yes_ No 2L)
The Chula Vista High School Band and Pageantry Corps, in conjunction with the Chula
Vista School for the Creative and Performing Arts, is requesting permission to conduct
an organized band review on Saturday, November 11, 2006.
RECOMMENDATION:
That Council adopts the resolution approving the waiver of City fees for police services
and authorizing temporary street closures for the organized band review subject to staff
conditions.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not Applicable
DISCUSSION:
Chula Vista High School Band and Pageantry Corps, and the Chula Vista School for the
Creative and Performing Arts, (band review sponsor) is requesting permission to
conduct their 11 th Annual Band Review parade on Saturday, November 11, 2006. The
parade will consist of approximately thirty marching bands and marching groups and
over 1,500 participants competing against one another for top honors and awards.
The participating groups in the parade will stage on the east side of Sear's, 500 "I"
Street. The proposed parade route will take place going west on "I" Street to Broadway,
south on Broadway to "K" Street, and east on "K" Street to the Chula Vista High School
football stadium.
7-1
The parade is scheduled to take place between 8:00 AM and 11 :00 AM. The street
closures would be in effect from approximately 7:30 AM to 11 :30 AM to allow for the
dispersion of parade participants.
The Police Department will monitor the progress of the parade, and will close and
subsequently reopen streets and intersections as quickly .as possible. The sponsor will
also provide teaching staff to accompany each band tO'monitor the progress of the
parade. A diagram of the parade route is attached (Attachment A).
The street closures will have an impact on City bus service in the area. Transit has
agreed to cancel and re-route bus service in the area during the parade, and erect signs
of the interruption of service.
Staff approval is recommended subject to the following conditions:
1. Prior to the event, Chula Vista High School (Chula Vista School for the Creative
and Performing Arts - parade sponsor) shall provide evidence, acceptable to the
City, of commercial general liability insurance in the amount of $5 million in the
form of a Certificate of Insurance and Policy Endorsement naming the City of
Chula Vista as additional insured (Attachment B).
2. Adequate police coverage at the event as determined by the Police Department
through coordination with the Department's Special Events Coordinator. The
parade route will be marshaled by Police and Police Department volunteers.
3. Adequate traffic control equipment and devices as determined by the Police
Department. The sponsor will be responsible for renting or purchasing the
equipment and delivering and removing it from designated locations.
4. Posting and removal of "No-Parking" signs along the parade route.
5. Removal of adequate portable toilets and trash receptacles at the parade staging
area and at Chula Vista High School.
6. Provide a letter acceptable to the City Attorney from the sponsors in which they
agree:
a. Not to sue the City, its agents and employees from any act arising
from the Band Review; or
b. To defend, indemnify, release, protect and hold harmless, the City, its
agents and employees from any and all liability arising from the Band
Review, excluding only that liability which may arise from the sole
negligence or sole willful conduct of the City.
The Chula Vista High School Marching Band and Pageantry Corps has also made a
formal request to the Mayor and Council asking that fees associated with police
7-2
services for this year's Annual Band Review be waived (Attachment C). In
calculating fees for police service, staff estimates it will cost approximately $20,904.
The cost was calculated based upon police services from 6:30 AM until 11 :30 AM.
The cost includes the use of Department volunteers (Senior Volunteers, Police
Explorers, etc) to offset further staffing needs.
The Annual Band Review is expected to draw 30 participating bands and pageantry
groups from the San Diego Region, as well as portions of Southern California. As in
the past, the Band Review provides a positive image and venue for the youth in our
community.
DECISION MAKER CONFLICT:
Staff has reviewed the property holdings of the City Council and has found no
property holdings within 500 feet of the boundaries of the property which is the
subject of this action.
FISCAL IMPACT: Staff estimates it will cost $20,904 to provide Police
coverage at the event (calculated at Full Cost Recovery). These costs will be
absorbed in the Police Department budget, therefore no additional appropriations
are required.
7-3
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I ACORD," CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDONY'YY)
I 06/19/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
John Burnham SO 1612 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
750 B Street, Suite 2400 HOLDER. THIS'CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
San Diego, CA 92101-2476 -
800421-6744 INSURERS AFFORDING COVERAGE A !....l ,T NAIC#
INSURED INSURER A: Everest National/AmWIN T'I' 10120
San Diego County Schools/JPA INSURER 8: Issued AmWIN permission
Sweetwater Union H.S. District INSURER C
1130 Fifth Avenue INSURER D: .
Chula Vista, CA 91911 INSURER E
Client#. 2524
llTTAOJIIGl]ff "R"
SWEETWUNI
COVERAGES
THE POUCIES OF INSURANCE LISTED BB..OW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
.~ TYPE OF INSURANCE POUCY NUMBER PJ',6,~~ri~~5g~~\E Pg~w (~tiJ;~,MN UMIT$
LT. NS.
A ~NER,6,L UABJUTY 71P2000015061 07/01106 07/01/07 EACH OCCURRENCE '5 000 000
X COMMERCIAL GENERAL LIABILITY ~~~~~~9F~E,,~;,~~ .
I ClAIMS MADE [K] OCCUR MED EXP (Anyone perron) .
~ $250,000 S.I.R. PERSONAL & ,6,DV INJURY .
- GENERAL AGGREGATE .8 000 000
~.~ AGG~l~~E:LlM[T AP~t PER PRODUCTS COMP/OP AGG .8 000 000
POLICY ~f'8T LOC
A ~OMOBILE L1ABILlTY 71 P200001 S061 07/01/06 07/01107 COMBINED SINGLE LIMIT
2L, ANY AUTO (Eaac:c:ldef'll) '1,000,000
--" All OWNED AUTOS BODILY INJURY
{Perpe~on) $
SCHEDULED AUTOS
X HIRED AUTOS BODILY INJURY
-"- $
~ NON-DWNED AUTOS (PeraC:C:ldentl
~ $250,000 S.I.R. PROPERTY DAMAGE
(Perac:c:ident) $
=iAGE LIABILITY AUTO ONLY EA ACCIDENT $
ANY AUTO OTHER THAN EA ACe $
AUTO ONLY: AGG $
~E5SIUMBRELLA UABIUTY EACH OCCURRENCE $
OCC~R D CLAIMS MADE AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION . $
WORKERS COMPENSATION AND I. WC STATU- I IOJ~-
EMPLOYERS' LIABILITY E.L EACH ACCIDENT $
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICERlMEMBER EXCLUDED? E.L. DISEASE EA EMPLOYE $
Ifyes.desc:ribeunder E.L DISEASE POLICY LIMIT $
SPECIAL PROVISIONS below
OTHER
I
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Re: Use of premises. City of Chula Vista, its elected officials, employees
and volunteers are additional insured (generalliabilily policy) per the
attached form.
CERTIFICATE HOLDER
CANCELLA nON
City of Chula Vista
Attn: Janice Yee Galleher
276 Fourth Avenue
Chula Vis la, CA 91910
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE lSSUING INSURER WIll. ENDEAVOR TO MAIL ----9..0..- DAYS WRITTEN
NOTICE TO THE CERTlFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 so SHAll
IMPOSE NO OBLIGATION OR LIABIU1Y OF ANY KIND UPON THE INSURfR, ITS AGE~OR
REPRESENTATIVES.
AUTHORiZED REPRESENTATIVE
7 ~.~
ACORD 25 (2001108) 1 of 2
#M332896
KABRI
OJ ACORD CORPORATION 198
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must be endorsed, A statement
on this certificate does not confer rights to the certificate holder in lieu' of such endorsement(s),
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
hoider in lieu of such endorsement(s),
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does fiat constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25-5 (2001/08) 2 of 2
#M332B96
EUM 20 505 05 06
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED- INSURED CONTRACT
This endorsement modifies insurance provided under the following:
PUBLIC ENTITIES EXCESS LIABILITY
1. The following is added to SECTION II.
WHO IS AN INSURED:
However, this insurance under this
endorsement does not apply to:
Any person(s}, entity(ies), or
organization(s) to whom the Named
Insured is obligated by virtue of an
"insured contract' to provide
insurance solely with respect to
"bodily injury" and "property
damage" and arising out of:
i. Any "occurrence" which takes
piace prior to or after you cease
to occupy the premise as stated
in the "insured conlracf.
a. Premises leased, used or
occupied by you;
ii. Any structural alteration, new
construction or demolition
operations performed by or on
behalf of the additional insured.
b. "Automobiles' leased or rented
by you;
iii. Any "wrongful act', "employment
practices wrongful act" or any
"employee benefit wrongful act'.
e. Property owners and property
managers of property owned,
leased, rented or occupied by
you.
2. The Limits of Insurance afforded under
this endorsement will be limited to the
Limits of Insurance required within the
terms of the "insured contracf or the
Limits of Insurance of this Policy,
whichever is less, and will apply in
excess of any "underlying insurance' or
your "retained limit" shown in the
Declarations. We will not be obligated
for limits of insurance shown in the
"insured contract" that are greater than
the limits of Insurance of this Policy.
c. Equipment owned, leased,
rented, maintained or used by
you:
d. Mortgagees of a Named
Insured; or
Re: Sweetwater Union Him School District
Use of oremises 7/1/06-07
City of Chula Vista.. its ejected officials. officers. emolovees and volunteers are additional insured per
this form.
EUM 20 505 05 06
Includes copyrighted material of ISO Properties, Inc., 2004 with
its permission.
Page 1 of 1
7-7
ATTACHMENT "c"
~,s..~..:..,
: .., r. .
" ;::".:l..
CHULA VISTA SCHOOL FOR THE
CREATIVE AND PERFORMING ARTS
~.,s..~:..
. ,
'., ~.. .
RON BOLLES - FACILITATOR
OFFICE: (619) 691-5775
FAX: (619) 427-5824
E~mail: directoron@vahoa com
820 FOURTH AVENUE
CHULA VISTA, CA. 91911
City of Chula Vista
276 Fourth Ave.
Chula Vista, Ca 91910
Attn: Jim Thomson
City Manager
The Chula vista Band Review is being held on Saturday,
November 11, 2006. The parade runs down Broadway Ave.
from "I" Street to "K" Street (see attached map). This
event will be run as it has been for the last 6 years.
As in the past your office has been very helpful with the
smooth operation and success of our event. We sincerely
appreciate what you do for us. We are requesting the
police services and street barricades fees to be waived
as in the past. We sincerely appreciate the City of Chula
Vista's help with all the preparations for our Chula Vista
Band Review.
Sincerely,
'3r~/
4/j Kanstul
Band Director
(619)427-7860
D.
A NATIONAL GRAMMY SIGNATURE SCHOOL 2000, 2001
A CALIFORNIA STATE GOLDEN BELL AWARD WINNER 1983, 1989, 2001
A SAN DIEGO COUNTY BEST PRACTICES IN EDUCATION AWARD FECIPIENT 2000
.
7-8
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING REQUEST FROM THE CHULA
VISTA HIGH SCHOOL BAND AND PAGEANTRY CORP AND
THE CHULA VISTA SCHOOL FOR THE CREATIVE AND
PERFORMING ARTS TO CONDUCT THE 11TH,ANNUAL BAND
REVIEW AND AUTHORIZING TEMPORARY STREET
CLOSURES AND WAIVING CITY FEES FOR POLICE
SERVICES.
WHEREAS, the Chula Vista High School Band and Pageantry Corps, in
conjunction with the Chula Vista High School (Chula Vista School for the
Creative and Performing Arts - parade sponsor), is requesting permission to
conduct an organized band review on Saturday, November 11, 2006; and
WHEREAS, the proposed parade route will take place going west on "I"
Street to Broadway, south on Broadway to "K" Street, and east on "K" Street to
the Chula Vista High School football stadium. The parade is scheduled to take
place between 8:00 AM and 11 :00 AM. The street closures would be in effect
from approximately 7:30 AM to 11 :30 AM to allow for the dispersion of parade
participants; and
WHEREAS, Chula Vista High School (Chula Vista School for the Creative
and Performing Arts - parade sponsor) will provide evidence of insurance in the
form of a Certificate of Insurance and policy endorsement, acceptable to the City,
in the amount of $5 million dollars naming the City of Chula Vista as additional
insured, and their insurance company as primary; and
WHEREAS, the Chula Vista High School (Chula Vista School for the
Creative and Performing Arts - parade sponsor) will provide adequate traffic
control equipment and "no parking" signs as specified by the Chula Vista Police
Department; and
WHEREAS, the Chula Vista High School (Chula Vista School for the
Creative and Performing Arts - parade sponsor) will provide adequate police
coverage at the event as determined by the Chula Vista Police Department; and
WHEREAS, all City-owned property will be returned to pre-use condition;
and
WHEREAS, a letter of acceptance shall be provided to the City Attorney
from Chula Vista High School (Chula Vista School for the Creative and
Performing Arts - parade sponsor) in which Chula Vista High School (Chula
Vista School for the Creative and Performing Arts - parade sponsor) agrees to
not sue the City, its agents and employees for any act arising from the 11th
Annual Band Review; and to defend, indemnify, release, protect and hold
harmless, the City, its agents and employees from any and all liability arising
7-9
from the 11th Annual Band Review, excluding only that liability which may arise
from the sole negligence or sole willful conduct of the City; and
WHEREAS, the event organizers are requesting that the fees for police
services and transit services be waived.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby approve the request from Chula Vista High School
(Chula Vista School for the Creative and Performing Arts - parade sponsor) to
conduct the 11th Annual Band Review on Saturday, November 11th, 2006,
temporarily closing streets along the parade route subject to staff conditions, and
waiving associated fees for police service.
Presented by
Approved as to form by
Richard P. Emerson
Chief of Police
#
7-10
COUNCIL AGENDA STATEMENT
Item 'If
Meeting Date: 10/17/06
REVIEWED BY:
RESOLUTION ACCEPTING A GRANT OF UNIVERSALLY
ACCESSIBLE PLAYGROUND EQUIPMENT FROM KABOOM! FOR
EUCALYPTUS PARK; AUTHORIZING THE COMMITMENT OF
MATCHING FUNDS THEREFOR; AND AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT BETWEEN KABOOM!
AND THE CITY OF CHULA VISTA /; /
Director of pUb~orks Operations y
City Manager(j I (4/5ths Vote: Yes _ Noll
As part of a planned City project to make improvements to Eucalyptus Park during the current
fiscal year, the City applied for a grant of universally accessible playground equipment for the
park. The grant was awarded on October 6, 2006. If accepted, the KaBOOM! organization will
provide state-of-the-art playground equipment for 2-12 year olds to be installed by community
and other volunteers in partnership with Healthy Eating, Active Communities (HEAC) and the
Center for Healthier Communities for Children (CHCC) at Children's Hospital.
ITEM TITLE:
SUBMITTED BY:
RECOMMENDATION: That Council adopt the resolution:
. Accepting a KaBOOM! grant of universally accessible playground equipment for Eucalyptus
Park; and
. Authorizing the commitment of$15,000 in matching funds from the available balance of the
Residential Construction Tax Fund; and
. Authorizing the Mayor to execute the Agreement between KaBOOM! and the City of Chula
Vista.
BOARDS/COMMISSIONS: N/A
DISCUSSION:
KaBOOM! is a national nonprofit organization that works with funding partners to build
playgrounds throughout North America. This year the funding partner for this project, the
American Academy of Orthopaedic Surgeons, will be holding its annual convention in the San
Diego area. Their custom has been to thank the host community by funding and providing large
numbers of volunteers to help build a new playground for the community. Chula Vista was
invited to partner with HEAC and CHCC in applying for the competitive grant for Eucalyptus
Park.
Safe access to nearby public playground facilities is critically important for the children of
northwest Chula Vista. Eucalyptus Park now contains treed green space, picnic facilities,
ballfields, tennis courts, and a large existing sandlot with playground equipment age appropriate
for 5-12 year olds built in 1994. There is currently no equipment for 2-5 year olds even though
6,200 children under the age of 5 live in the northwest area.
8-1
Page 2, Item L
Meeting Date: 10/17/06
The proposed project would provide universally accessible playground equipment by Playworld
Systems for both 2-5 year olds and 5-12 year olds at Eucalyptus Park. The grant would also
include installation of at least 6,500 square feet of poured-in-place rubberized safety surfacing.
The City would be responsible for providing a $15,000 cash match, and preparing the site with a
concrete sub-surface. Once installed, the City would own th~ equipment and agree to install the
matching KaBOOM! playground 12" X 30"sign. The final valu~ of the new playground will be
in excess of $1 00,000.
If Council accepts the award, KaBOOM! will expedite purchase of the equipment and
installation of the safety surfacing, and provide general project oversight. A unique grant
requirement is that parents, teens, and other community volunteers design the playground on
"Design Day", facilitated by City Parks & Open Space staff. Adult community volunteers would
then join with funding partner volunteers to install the playground equipment during a "Build
Day" event, with direct supervision provided by City Certified Playground Safety Inspectors.
Build Day would culminate in a ribbon-cutting ceremony.
HEAC's involvement will be critical to the early and ongoing stages of the project, providing
community outreach and working with the City to organize student, parent and other volunteers
for the project. HEAC has already provided the project with guidance and support during a
recent site visit by the funding partner.
Proiect Timeline:
Design Day would occur on November 16, 2006. Build Day is scheduled for February 13, 2007.
Al!:reement:
The attached two-party agreement between the City and KaBOOM! sets forth these and other
project details. The agreement has been reviewed and approved by the City Attorney. Staff
requests that the Mayor execute the agreement this evening.
Decision Maker Conflicts:
No Property within 500 feet. Staff has reviewed the property holdings of the City Council and
has found no property holdings within 500 feet of the boundaries of the property which is the
subject of this action.
FISCAL IMPACT:
There is no net impact to the General Fund from this action. Site preparation costs will be
absorbed in the Department's existing budget. This is not a cash grant. The funding partner will
purchase the playground equipment externally, and community volunteers will accomplish the
installation. The City will provide a $15,000 matching contribution from the available balance
of the Residential Construction Tax (RCT) fund. If Council accepts the grant award, staff will
return to Council with a resolution to create a new Capital Improvement Program (CIP) project,
and appropriate the $15,000 cash match.
Attachment:
Two-party Agreement Between City of Chula Vista and KaBOOM!
8-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING A GRANT
OF UNIVERSALLY ACCESSIBLE PLAYGROUND
EQUIPMENT FROM KABOOMI FOR
EUCALYPTUS PARK; AUTHORIZING THE
COMMITMENT OF MATCHING FUNDS
THEREFOR; AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT BETWEEN
KABOOM! AND THE CITY OF CHULA VISTA
WHEREAS, the City of Chula Vista believes that safe access to nearby
public playground facilities is critically important for the children of northwest
Chula Vista; and
WHEREAS, the City plans to make significant improvements to
Eucalyptus Park during fiscal year 2006-07; and
WHEREAS, the City wishes to provide age-appropriate playground
equipment for 2-12 year old children at the park, including children with physical
disabilities; and
WHEREAS, the City was invited to partner with Healthy Eating, Active
Communities (HEAC) and the Center for Healthier Communities for Children
(CHCC) at Children's Hospital of San Diego in applying to the KaBOOM!
organization for a competitive grant of universally accessible playground
equipment for Eucalyptus Park; and
WHEREAS, the grant was awarded on October 6, 2006; and
WHEREAS, the playground would be designed by parents, teens, and
other community volunteers on "Design Day" and built by adult volunteers who
are largely recruited and organized by HEAC on "Build Day"; and
WHEREAS, in accepting the grant, the City agrees to prepare the
playground site and install a KaBOOM! sign at the park; and
WHEREAS, the grant provides the playground equipment and installs
poured-in-place rubberized safety surfacing; and
WHEREAS, the City is required to contribute a $15,000 cash match to the
project; and
WHEREAS, the final value of the new playground will be in excess of
$100,000; and
8-3
WHEREAS, the City will enter into a two-party agreement with KaBOOM!
which sets forth these and other project details;
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City
of Chula Vista does hereby;
1. Accept a KaBOOM! grant of universally accessible playground equipment
for Eucalyptus Park; and
2. Authorize the commitment of $15,000 in matching funds from the
available balance of the Residential Construction Tax Fund; and
3. Authorize the Mayor to execute the Agreement between KaBOOM! and
the City of Chula Vista.
Presented by
Approved as to form by
Dave Byers
Director of Public Works Operations
~'J'''~''\~f~~~
Ann Moore
City Attorney
8-4
THE ATTACHED AGREEMENT HAS BEEN REVIEWED
AND APPROVED AS TO FORM BY THE CITY
ATTORNEY'S OFFICE AND WILL BE
FORMALLY SIGNED UPON APPROVAL BY
THE CITY COUNCIL
~"q~~~\\
Ann Moore
City Attorney
Dated: \::')~\.~W- \\ )LU(j~
Community Partner Agreement Between KaBOOM!
and the City of Chula Vista
for services to plan, design and construct a community-build playground
8-5
WASHINGTON, DC
CHICAGO,IL
ATLANTA, GA
REDWOOD CITY, CA
4455 Connecticut Avenue. NW . Suite 8100 . Washinqton. DC 20008 . tel 202.659.0215 . fax 202.659.0210
THIS KaBOOM! COMMUNITY PARTNER AGREEMENT is made this 10lh day of October 2006 by and between KaBOOM! and The
City of Chula Vista.
1. RECITALS
WHEREAS, KaBOOM! is a non-profit organizaUon chartered in the District of Columbia and organized as a 501(c) 3 by
determination of the Internal Revenue Service; .
WHEREAS KaBOOM! is an organization that develops, manages and coordinates a community-building playground for its
Community and Funding Partners, culminating in a one-day installaUon event known as a "Build Day";
WHEREAS The City of Chula Vista is entering into a written agreement with KaBOOM! for services to plan, design and
construct a community-build playground ("Program");
WHEREAS KaBOOM! has received charitable support from The American Academy of Orthopaedic Surgeons ("Funding
Partner") for this Program and has entered into a separate agreement with the Funding Partner, the result of which are financial and
human resources for this Program;
NOW THEREFORE, in consideration of the mutual covenants and conditions hereinafter expressed, and other good and
valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto covenant and agree as
follows:
2. AGREEMENTS
1. OBLIGATIONS OF THE CITY OF CHULA VISTA
1.1. The City of Chula Vista agrees to be the Community Partner organization ("Community Partner') for THE AMERICAN
ACADEMY OF ORTHOPAED!C SURGEONS playground project at Eucalyptus Park, 4~ Avenue at C Street, Chula Vista, CA
91910.
1.2. The City of Chula Vista agrees to be responsive to the discrete timeline developed for the Program, inclusive of providing
approval of, action toward or direction to, specific responsibilities and initiatives of KaBOOM! on behalf of this Program.
1.3. As a Community Partner for a KaBOOM! community-build playground project, The City of Chula Vista will work with
KaBOOMI, THE AMERICAN ACADEMY OF ORTHOPAEDIC SURGEONS, and community residents to design, plan and
build a community playground. All parties will work closely together to ensure a successful, productive, and fun event.
1.3.1. The Community Partner agrees to host a KaBOOM!-facilitated Design Day with at least 10 adults and 20 children. The
adults will remain engaged in planning activities throughout the Design Day to Build Day planning process.
1.3.2. The Community Partner agrees to recruit and secure at least 10-15 adult volunteers for preparation activities two to
three days prior to Build Day playground installation. Preparation activities include, but are not limited to, cutting wood
for side projects, sorting hardware, digging and transiting holes, laying the site, making posters, unloading equipment,
and being present for the surface delivery.
K a BOO M ~ 8~~_n"" '"' -""-.,,
The City of Chula Vista Leffer of Agreement
10/10/2006
1.3.3. The Community Partner agrees to recruit and secure at least 50-100 adult volunteers for the Build Day playground
installation.
1.3.4. The Community Partner agrees to be responsible for preparing the site for the installation of the new playground, at
least two weeks before Build Day, which includes but is not limited to removing existing playground equipment, footers
and safety surfacing, grading the land, removing fencing, creating a flat (less than 1 % grade) asphalt or concrete pad
and performing soil tests.
1.3.5. The Community Partner agrees to provide certain provisions for use by volunteers working on the construction project,
including but not limited to food (breakfast snacks, lunch and mid-day snacks), water, tools, music for the build day, a
trash dumpster, and restroom facilities.
1.4. In support of this project, The City of Chula Vista is responsible for contributing $15,000 to the playground project.
1.4.1. All funds will be applied directly toward purchasing playground equipment.
1.4.2. Upon receipt of this signed agreement, KaBOOM! will invoice The City of Chula Vista for the full amount of this
contribution, and it will be due at least 30 days before the Build Day on Tuesday, February 13, 2007.
1.4.3. If The City of Chula Vista does not make payment as outlined in Section 1.4.2, KaBOOM! reserves the right, without
waiving any other rights and remedies, to cancel the build.
1.4.3.1. In the event of the Build Day's cancellation due to non-payment by the Community Partner as outlined in
Section 1.4.2, at KaBOOM!'s written request, without waiving any other rights and remedies, The City of Chula
Vista shall be deemed liable for damages to KaBOOM! and Funding Partner for any un-cancelable contractual
commitments entered into prior to cancellation, any equipment costs, labor and materials, and any additional
expenses related to the Program, such as airfare and general supplies.
1.4.4. The Community Partner has the right to back-up documentation detailing the use of its contribution to the project.
Upon request, KaBOOM! will provide back-up documentation for The City of Chula Vista within 120 days after the
Build Day.
1.5. The Build Day must occur in calendar year 2007 on Tuesday, February 13th.
1.5.1. The Build Day shall not be postponed (defined as delayed, held over or rescheduled) under any circumstances other
than for conditions that jeopardize the safety of the volunteers, or for unsafe weather conditions that threaten the
structural integrity of the playground.
1.5.1.1. The decision to postpone a Build Day shall be reached through discussion, collaboration and majority
agreement by KaBOOM!, the Community Partner and the Funding Partner, each represented by a person
authorized by each party.
1.5.1.2. The sole exception to mutual decision-making and majority agreement with regard to the postponement of
Build Day shall be when the decision must be made immediately and solely by KaBOOM! on the construction
site in absence of authorized representatives of the Community Partner and the Funding Partner being
available.
1.5.1.3. The authorized representatives are defined as those individuals who have signed this Agreement, and the
Agreement between KaBOOM! and the Funding Partner, or their designees.
1.5.2. In the event that the Build Date is cancelled or changed solely by The City of Chula Vista, The City of Chula Vista shall
be deemed liable for damages to KaBOOM! and Funding Partner for any equipment costs, labor and materials and
any additional expenses related to the Program, such as airfare and general supplies, not to exceed $125,000.
1.5.3. In the event of a Build Day postponement, KaBOOM! shall collaborate with the Community Partner and the Funding
Partner to issue a Memo of Understanding (MOU) that outlines a plan for rescheduling the Build Day.
1.5.3.1. The MOU shall outline any additional expenses related to the rescheduled Build Day, and the party or parties
responsible for covering the additional expenses. These expenses may include, but are not limited to,
equipment storage, security, equipment shipment, and KaBOOM! travel and hotel expenses.
1.5.3.2. The MOU shall identify the next-earliest possible date for the Build Day, based on the availability of open
dates on the KaBOOMI program calendar, the availability of the Community Partner to participate in the
project, and the availability of the Funding Partner to participate in the project.
8-7
The City of Chula Vista Leffer of Agreement
10/10/2006
1.6. The City of Chula Vista shall attach documentation to this Agreement showing proof of land ownership evidenced by a deed
granting title of the property to The City of Chula Vista to the property, or a letter from the property owner showing approval
for the installation of the playground. Working with the support of the property owner (if owner is a separate party), The City
of Chula Vista will maintain the property before and after the build to ensure a safe and attractive piay area.
1.7. The City of Chula Vista shall collaborate with KaBOOM! during the planning of this Project to develop a maintenance
program for the playground that will be implemented by The City of Chula Vist'a upon completion of the playground
installation.
1.8. The City of Chula Vista will obtain and maintain Commercial General Liability insurance (providing coverage against liability
for bodily injury, death and property damage which may rise out of or be based upon the use of the playground), and
Worker's Compensation insurance policies for its employees and volunteers, in amounts not less than one million dollars
($1,000,000.00) from the date of this agreement and for a minimum of one (1) year thereafter. KaBOOM! and Funding
Partner shall be named as additional insureds for the Build Day upon such policy. The insurance shall be primary over any
other insurance covering KaBOOM! and Funding Partner. Such policy must provide that KaBOOM! and Funding Partner be
given at least thirty (30) days prior written notice of any change or cancellation of coverage. Community Partner will promptly
provide as copy of the certificate from its insurer indicating the amount of insurance coverage, the nature of such coverage
and the expiration date of each applicable policy.
1.9. The City of Chula Vista will obtain all necessary and appropriate permits and licenses regarding the installation and
possession and use of a playground prior to Build Day in compliance with local and state laws, regulations and guidelines.
1.10. The City of Chula Vista is responsible for ensuring the playground site is safe for volunteers and children.
1.10.1. The City of Chula Vista is responsible for conducting up to two utility site checks as reasonably requested by
KaBOOM! with the appropriate utility companies between two and eight weeks prior to the Build Day. Documentation
of the utility checks must be provided to the KaBOOM! Project Manager upon completion.
1.10.2. The City of Chula Vista is responsible for conducting up to two soil site tests as reasonably requested by KaBOOM!
between two and ten weeks prior to the Build Day. Documentation of the soil checks must be provided to the
KaBOOM! Project Manager upon completion. The City of Chula Vista is responsible for undertaking any necessary
risk mitigation should the soil be deemed unsafe for children or volunteers..
1.11. The City of Chula Vista will work with local authorities and/or private firms as appropriate to ensure the safety and security of
human and equipment resources (playground equipment, playground volunteers) from the point of materia! delivery, during
the period(s) when site preparation occurs on the playground site, and until the conclusion of the Build Day.
1.12. The City of Chula Vista will agree to accept and maintain poured-in-place rubber as playground safety surfacing, meeting
standards established by Consumer Product Safety Commission's guidelines, for the lifetime of the playground.
1.13. The City of Chula Vista is solely responsible for any additional costs beyond the proposed playground project budget.
KaBOOM! is not responsible for paying any vendors for any prior site preparation, upgrades or improvements not agreed
upon with KaBOOM!. If Community Partner decides to purchase additional equipment or materials to supplement materials
secured by KaBOOM!, then the Community Partner is solely responsible for paying for the materials and all other liabilities
related to such materials. Neither KaBOOM! nor its Funding Partner(s) shall be liable for payment. Community Partner will
hold KaBOOM! and the Funding Partner harmless of any payments or liability with respect to the additional items ordered.
1.14. The City of Chula Vista will work mutually with KaBOOM! and/or THE AMERICAN ACADEMY OF ORTHOPAEDIC
SURGEONS for any written and/or printed materials that reference the Program and/or contain the logos of KaBOOM! or
THE AMERICAN ACADEMY OF ORTHOPAEDIC SURGEONS, including but not limited to press releases, fliers and
pror, ,~:ional materials. The City of Chula Vista will work in collaboration with KaBOOM! and/or THE AMERICAN ACADEMY
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The City of Chula Vista Leffer of Agreement
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OF ORTHOPAEDIC SURGEONS to secure media coverage. KaBOOM! will provide mutual opportunity for the Community
Partner to review and approve materials prepared by KaBOOM! related to this Project (such approval not to be unreasonably
withheld).
1.15. The City of Chula Vista will allow the names and logos ofTHE AMERICAN ACADEMY OF ORTHOPAEDIC SURGEONS
and KaBOOM! on permanent playground signage, such as that shown as a sample during The City of Chula Vista's
application process. Playground signage is 12 y., inches wide by 30 y., inches tall and mounted on poles designed to match
the playground components in color and design. The sign will be erected in amutually agreed upon location and in
accordance with the Community Partner's guidelines regarding corporate signage. If the Community Partner has specific
guidelines regarding corporate signage on its property, please attach those guidelines to this Agreement.
1.16. The City of Chula Vista understands that the playground will be added to the roster of KaBOOM! Build Guild and, as such,
will receive subsequent information from KaBOOM! on playground maintenance, programming and enhancements.
2. OBLIGATIONS OF KaBOOM!
2.1. KaBOOM! will provide the Community Partner with technical and organizational leadership and guidance for the playground
project.
2.1.1. Facilitate playground design process and activities on Design Day, and work with vendors to procure equipment and
materials in a timely fashion, the possible exception being the installation of safety surfacing other than engineered
wood fiber.
2.1.2. Manage construction logistics for the project, coordinate playground site preparation activities with the Community
Partner, inventory equipment and materials, and assure that the necessary tools and materials are available to
constructthe playground.
2.1.3. Facilitate regular planning meetings with the Community Partner and the playground planning committee.
2.1.4. Lead the Build Day activities, including the coordination of Build Day captains and volunteers.
2.1.5. Provide educational and promotional materials to support the playground project, including the KaBOOM! Tool Kit of
publications (4-book set), KaBOOM! online Playground Planner, nametags and other general supplies.
2.1.6. Provide for and coordinate the participation of the Funding Partner, THE AMERICAN ACADEMY OF ORTHOPAEDIC
SURGEONS, which has committed to provide KaBOOMI with financial, human and/or in-kind resources to bring to
fruition the playground project with The City of Chula Vista.
2.2. KaBOOM! (in collaboration with The City of Chula Vista), will provide or secure a Certified Playground Safety Inspector
(CPSI) approved or mutually agreed to by the City of Chula Vista and KaBOOM! to review the playground structure to ensure
that it is safe and built to all appropriate standards and guidelines. The City of Chula Vista acknowledges that neither
KaBOOM! or Funding Partner nor their respective officers, directors, employees, or agents have made or are in any way
responsible or liable for action, inaction or negligence of the CPSI and The City of Chula Vista agrees to look solely to the
CPSI for any such liability, costs or expenses which arise out of the CPSl's action, inaction or negligence.
2.2.1. The CPSI review will occur at the conclusion of the Build Day or, if KaBOOM! assumes responsibility for the
playground construction going beyond one day, at the conclusion of the installation.
2.2.2. In accordance with Section 4, The City of Chula Vista shall be solely responsible for any injury, property damage, or
death which occurs in connection with the playground after review of the playground is completed and the playground
has been approved by the CPSI as meeting all applicable safety standards.
2.2.3. In accordance with Section 4, in the event that theBuild Day is delayed ornot completed on the scheduled day due to
failure of The City of Chula Vista to meet the terms of this Agreement, then The City of Chula Vista will be responsible
for securing a CPSI to review the playground.
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The City of Chula Vista Leffer of Agreement
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3. FUNDING PARTNER RELATIONS
3.1. KaBOOM! has a separate agreement with a KaBOOM! Funding Partner, THE AMERICAN ACADEMY OF ORTHOPAEDIC
SURGEONS ("Funding Partner"), whose contributions to KaBOOM! are helping to make this Project possible.
3.2. The Community Partner shall not solicit sponsors or donors whose products or services directly compete with the products or
services of the Funding Partner.
3.2.1. For the purposes of this Agreement, sponsors are defined as individuals, businesses or philanthropic organizations
that contribute funding or in-kind gifts to this Project in exchange for ceriain rights to promote their affiliation with this
Project to the general public, including but not limited to publiC name recognition via this playground project's approved
signs, T-shirts, media materials and public-address systems. Conversely, donors are individuals or groups whose gifts
to this Project require personal acknowledgement only, such as thank-you letters.
3.3. In the event the Community Partner solicits other sponsors or donors, then those sponsors and donors shall not compete
with the Funding Partner for signage and sponsorship recognition. The Funding Partner shall receive first placement on any
recognition materials developed for the Project, including playground signage, banners, T-shirts, press releases, web-site
and newsletter stories, and flyers.
3.4. In the event of a conflict between the Funding Partner and other sponsors and donors, the Funding Partner, Community
Partner and KaBOOM! shall consider recognition on a case-by-case basis.
4. OWNERSHIP AND LIABILITY
4.1. The Community Partner is the owner of the playground in its entirety, for the lifetime of the playground, including the
equipment and/or safety surfacing purchased by KaBOOM! and/or its Funding Partner(s).
4.2. It is agreed that The City of Chula Vista will indemnify and hold harmless KaBOOM! and/or the Funding Partner and their
respective officers, directors, employees, or agents from any and all claims, costs, expenses (including attorney's fees and
disbursements) or actions associated with this playground project from any claim or action, including but not limited to claims
and actions for personal injury, death, or property damages resulting from the use of any playground property and equipment,
except to the extent resulting from any willful misconduct of KaBOOM! and/or the KaBOOM! Funding Partner.
4.3. A Certified Playground Safety Inspector will review the playground structure upon completion at the end of the scheduled
build Day. The manufacturer's representativeflnstaller will certify that the playground was installed to manufacturer's
specifications at the end of the Build Day.
4.3.1. Notwithstanding the foregoing, The City of Chula Vista shall be solely responsible for the playground and its
equipment upon certification of the playground.
4.3.2. The City of Chula Vista shall be responsible for securing safety measures of the playground to prevent injury, death,
or property damages in the unlikely event that the playground is not completely constructed, and all equipment fully
installed, at the conclusion of the Build Day and once KaBOOM! and/or the CPSlleave the playground site.
4.3.3. In the unlikely event or planned circumstances that the playground is not completely constructed and all equipment
fully installed at the conclusion of the Build Day, The City of Chula Vista shall be responsible for completing the
installation of the playground in accordance with the specified guidelines with the assistance of the CPSI and/or the
manufacturer's representatives, facilitated by KaBOOML The City of Chula Vista shall be solely responsible for any
injuries, death, or property damage that arises out of The City of ChulaVista's completion of such installation.
4.4. Maintenance of the playground facility and supervision of its use is the sole responsibility of The City of Chula Vista. Upon
request, the playground-equipment and safety-surfacing manufacturers will provide guidance and materials, toward a
maintenance plan for the playground.
4.4.1. The Community Partner will receive from Playworld Systems Inc., the provider of its playground equipment, or via its
KaBOOM! project manager, a play equipment maintenance kit from Playworld Systems Inc.
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The City of Chula Vista Leher of Agreement
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5. WARRANTY
5.1. The playground equipment is covered under warranty by the selected playground equipment company in accordance with its
warranty policy. Upon request, a copy of the warranty for the playground-equipment and the safety-surfacing will be provided
by the manufacturer(s) to the Community Partner. While playground equipment and/or material manufacturers may provide a
warranty with respect to their product, The City of Chula Vista acknowledges that neither KaBOOM! or Funding Partner nor
their respective officers, directors, employees or agents, have made nor are in any manner responsible or liable for any
warranty, representation, or guarantee, express or implied, in fact or in law, relative to any equipment or material, including
but not limited to its quality, mechanical condition or fitness for a particular purpose. Any warranties and/or guarantees on
any equipment or material are subject to the respective manufacturer's terms therefore, and The City of Chula Vista agrees
to look solely to such manufacturers for any such warranty and/or guarantee.
6. GENERAL
6.1. Notices. Any notices required or permitted to be given hereunder shall be sent by certified or registered United States mail,
postage properly prepaid, or by personal delivery addressed as follows:
To: Helen Zimmerman, Manager of Contracts and Risk Management
KaBOOM!
4455 Connecticut Ave., NW, Suite B100
Washington, DC 20008 USA
202-464-6075
Copy to: Jerrilyn Black, Client Services Coordinator
(Use the same KaBOOM! address as above)
To Corporation: Dave Byers, Director of Public Works Operations
THE CITY OF CHULA VISTA
1800 Maxwell Road
Chula Vista, CA 91911
(619) 397-6055
6.2. Counterparts. This Agreement may be executed by the parties in one or more counterparts which shall, in the aggregate, be
signed by all parties and each counterpart shall be deemed an original instrument as against any party who has signed it.
6.3. Governing Law. The laws of the State of Illinois, without reference to its choice of law provisions, shall govern the
interpretation and/or legal effect hereunder and shall have jurisdiction over any dispute (including arbitration) arising out of or
under the terms of this Agreement.
6.4. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the respective affiliates, successor, and
personal representatives of tile parties to this Agreement, except to the extent of any contrary provision in tIlis Agreement.
6.5. Severability. This Agreement shall be construed to be in accordance with federal and state statutes. If any provision of this
Agreement, or any portion thereof, is found to be invalid, illegal, or unenforceable, under any applicable statute or rule of law,
then such provision or portion thereof shall be deemed omitted, and the validity, legality and enforceabiiity of the remaining
provisions shall not in any way be affected or impaired thereby.
6.6. Complete Agreement. This Agreement, when executed by the duiy authorized representatives of each party shall be the
entire agreement between the parties as to the subject matter stated herein and supersedes and replaces any and all
previous agreements and all amendments thereto.
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The City of Chula Vista Leffer of Agreement
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6.7. Assignment. This Agreement may not be assigned, delegated or transferred by either party without the prior written consent
of the other party hereto.
6.8. Force Majeure. If either of the parties hereto is delayed or prevented from fulfilling any of its obligations under this
Agreement by Force Majeure, said party shall not be liable under this Agreement for said delay or failure. 'Force Majeure"
means any cause beyond the reasonable control of a party, including, but not limited to acts of God, acts of omission of civil
or military authorities of a state or nation, fire, strike, flood, riot, act of terrorism, war, delay of transportation, or inability due to
the aforementioned causes to obtain necessary labor, materials or facilities. Either party, however, may terminate this
Agreement if the other is unable to perform any obligation under the Agreement for a period longer than ten (10) calendar
days due to such a force majeure event. In the event of any such termination, KaBOOM! shall refund to the Community
Partner any monies paid to KaBOOM!, less expenses already committed to and/or incurred prior to the date of termination.
If, upon termination as provided herein, the sum due KaBOOM! by Community Partner, exceeds the sum paid to KaBOOM!
hereunder, Community Partner agrees to pay KaBOOM! for any such additional sum due upon presentation of appropriate
documentation within 30 days of invoice.
6.9. Waiver. A waiver by either party of a breach or failure to perform shall not constitute a waiver of any subsequent breach or
failure.
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The City of Chuta Vista Leher of Agreement
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IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the day and year first above written.
By signing this Agreement, The City of Chula Vista fully acknowledges its consent and understanding of and commitment to
the terms and guidelines set forth above. Please sign both original versions of this letter and return them to KaBOOML We will then
sign the originals, and mail one original and one copy back to you for your files.
KaBOOM! and THE AMERICAN ACADEMY OF ORTHOPAEDIC SURGEONS loo~ forward to working with The City of Chula Vista to
make this playground a reality. '
Date Terms agreed to:
By:
Stephen C. Padilla
Mayor
Authorized Signature for The City of Chula Vista
Phone Number: (619) 691-5044
Fax Number: (619) 476-5379
Email Address:constituent-services@ci.chula-vista.ca.us
The City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Date Terms agreed to:
By:
Bruce Bowman
Chief Operating Officer
Phone number. 202-464-6168
Fax number: 202-659-0210
Email address: iblack@kaboom.orq
KaBOOM!
4455 Connecticut Ave, NW Suite B100
Washington, DC 20008
Contact information for the person who should receive KaBOOM! invoices:
Name: Telephone Number: 619-397-6055
Dave Byers, Director of Public Works Operations
Mailing Address:
1800 Maxwell Road
Chula Vista, CA 91911
Fax Number:
Email Address:dbvers@ci.chula-vista.ca.us
Utility Inspection Fonm (for completion and return to KaBOOM!)
Soil Inspection Fonm (for completion and return to KaBOOM!)
Certified Playground Installer Certificate (sample)
Playworld Systems Inc. Playground Equipment Warranty (sample)
Attachments:
Copy: Brian Crowley, Interim Vice President, Administrative Services
KaBOOM! Project Archives
Sandra Gordon, Director, Department of Public Education and Media
The American Academy of Orthopaedic Surgeons
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~lf?
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"- - ----
- - --
- -:::- --
Mayor and City Council
City Of Chula Vista
276 Fourth Avenue
Chula Vista, Ca 91910
619.691.5044 - 619.476.5379 Fax
MEMO
OlY OF
CHULA VISfA
September 26, 2006
RE:
Honorable Mayor & City Council
Lilia Cesena ~
Parl;:s & Recreation Commission Interviews
TO:
FROM:
Below is the list of candidates scheduled for interviews on Tuesday, October 17, 2006 beginning
at 7:00 p.m. in Council Chambers. Their applications are attached for your reference. If you
have any questions or need further information, please let me know.
Parl;:s & Recreation Commission
INTERVIEW SCHEDULE OF SELECTED APPLICANTS
Tuesday, October 17, 2006
7:00 p,m.
INTERVIEW TIME
CANDIDATE
1.
2.
3.
4.
7:00 p.m.
7:15 p.m.
7:30 p.m.
8:00 p.m.
Tiffany Vinson
Israel Garza
Bill Poindexter
Elizabeth Scott
Attachments.
cc: Tom Oriola (wi attachments)
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