HomeMy WebLinkAboutAgenda Packet 1995/06/06
Tuesday, June 6, 1995
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Rel!Ular Meetin. of the Citv of Chula Vista CiW Council
Council Chambers
Public SelVices Building
CALL TO ORDER
1.
ROLL CALL;
Council members Alevy _, Moot _, Padilla _, Rindone _, and
Mayor Horton _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
May 16, 1995 and May 16, 1995 (Joint Meeting of the Redevelopment
Agency/City Council), May 23, 1995, and May 30, 1995
4. SPECIAL ORDERS OF THE DA Y:
a. Oath of Office:
Maria Fernanda Comas - Youth Commission; and
Frances S. Larson - International Friendship Commission.
b. Proclamation commending Kenneth G. Lee, Assistant Planning Director, for 35 years of
dedicated service to the City. Mayor Horton will present the proclamation.
c. "Let's Help Mother Earth Keep Her Cool." A presentation of policy recommendations on
reducing global warming by Chula Vista Elementary School students.
d. Recognition of Chula Vista Firefighters
*****
Effective April 1, 1994, there have been new amendments to the Brown Act. The City Council must now
reconvene into open session to report any final actions taken in closed session and to adjourn the meeting.
Because of the cost involved, there will be no videotaping of the reconvened portion of the meeting. However,
final actions reported will be recorded in the minutes which will be avairoble in the City Clerk's Office.
*****
CONSENT CALENDAR
(Items 5 through 10)
The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by
the Council by one motion without discussion unless a Councilmember, a member of the public or City staff
requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a
"Request to Speak Form" avairoble in the lobby and submit it to the City Clerk prior to the meeting. (Complete
the green form to speak in favor of the staff recommendation; complete the pink form to speak in opposition to
the staff recommendation.) Items pulled from the Consent Calendar will be discussed after Board and
Commission Recommendations and Action Items. Items pulled by the public will be the first items of business.
5. WRITTEN COMMUNICATIONS:
a. Letter from the City Attorney stating that as a result of the deliberations that occurred in
Closed Session of 5/23/95, the City Council authorized partial settlement of the Ham, et al
claims. Except for the foregoing, there was no other observed reportable action taken by
the City Council in Closed Session. It is recommended that the letter be received and filed.
Agenda
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June 6, 1995
6. RESOLUTION 17913 AUTHORIZING EXECUTION OF A TWO PARTY AGREEMENT WITH
SKIDMORE ENVIRONMENTAL PLANNING RELATED TO
ENVIRONMENTAL CONSULTING SERVICES FOR THE PROPOSED
VETERAN'S HOME AND APPROPRIATING FUNDS IN CONNECTION
THEREWITH - Implementation of the proposed Veteran's Home requires
environmental review and documentation pursuant to the California
Environmental Quality Act and the National Environmental Policy Act.
Preparation of the necessary documents requires the services of a consultant due
to limited staff resources. Staff recommends approval of the resolution.
(Director of Community Development) 4/5th's vote required.
7. RESOLUTION 17914 AUTHORIZING EXECUTION OF THREE SEPARATE THREE PARTY
AGREEMENTS AMONG THE CITY OF CHULA VISTA, MCA
CONCERTS, INC. AND THE FOLLOWING CONSULTANTS: TETRA-
TECH, INC.; BRW, INC.; AND PACIFIC SOUTHWEST BIOLOGICAL
SERVICES, INC., RELATED TO ENVIRONMENTAL CONSULTING
SERVICES FOR THE PROPOSED MCA AMPHITHEATER PROJECT -
In response to a development application filed by MCA Concerts, Inc. to
develop a 20,000 seat amphitheater located within the Otay Rio Business Park,
staff has determined an Environmental Impact Report is required. The services
of consultants are required to prepare the necessary documents. Staff
recommends approval of the resolution. (Director of Community Development)
8. RESOLUTION 17915 AUTHORIZING THE CITY ENGINEER TO ISSUE ENCROACHMENT
PERMIT NUMBER PE-341 FOR SHELL OIL FOR GAS STATION AT
501 TELEGRAPH CANYON ROAD - Shell Oil Company has applied for an
encroachment permit to maintain two yard lights and one monument-type sign.
Shell has recently dedicated the area in which the facilities are located for street
right-of-way. Staff recommends approval of the resolution. (Director of Public
Works)
9. RESOLUTION 17916 AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION
FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSIONS
SERVING NON-SINGLE FAMILY RESIDENTIAL PROPERTIES
WITHIN THE FOURTH A VENUE UTILITY UNDERGROUNDING
DISTRICT NUMBER 122 BETWEEN STATE HIGHWAY 54 AND "E"
STREET - On 12/15/92, Council approved amending Policy Number 585-01
by expanding the use of SDG&E utility funds to reimburse all properties for the
cost of undergrounding of private service laterals. The amendment was
applicable to all future districts and to all the utility undergrounding districts
formed in 1992. Prior to the amendment, the Policy allowed reimbursement to
single family residential properties only. Staff recommends approval of the
resolution. (Director of Public Works)
10. REPORT APPLICATIONS OF THE CHULA VISTA PUBLIC LffiRARY FOR: (A)
CALIFORNIA STATE LffiRARY - CALIFORNIA LffiRARY SERVICES
ACT FAMILIES FOR LITERACY GRANT FOR FISCAL YEAR 1995/96;
AND (B) CALIFORNIA DEPARTMENT OF EDUCATION, ADULT
BASIC EDUCATION, SECTION 321 FUNDING FOR FISCAL YEAR
1995/96 - The Public Library has applied to the California State Library for
$23,000 in Families for Literacv grant funds for fiscal year 1995/96 to continue
the Family Reading Program. The Library has also applied to the California
Department of Education for $5,840 in funding for fiscal year 1995/96 to
improve the quality and responsiveness of programs which enable adults to
Agenda
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June 6, 1995
acquire basic literacy skills. Staff recommends Council accept the report and
ratify the applications. (Library Director)
* * END OF CONSENT CALENDAR * *
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The following items have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any item, please jill out the "Request to Speak Fonn" available in the lobby and submit it to the City
Clerk prior to the meeting. (Complete the green fonn to speak in favor of the staff recommendation; complete
the pink fonn to speak in opposition to the staff recommendation.) Comments are limited to jive minutes per
individual.
None submitted.
ORAL COMMUNICATIONS
This is an opportunity for the general public to address the City Council on any subject matter within the
Council'sjurisdiction that is not an item on this agenda for public discussion. (State law, however, generally
prohibits the City Council from taking action on any issues not included on the posted agenda.) If you wish to
address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications
Fonn" available in the lobby and submit it to the City Clerk prior to the meeting. Those who wish to speak,
please give your name and address for record purposes and follow up action. Your time is limited to three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider items which have been forwarded to them for consideration by one
of the City's Boards, Commissions and/or Committees.
II.
ORDINANCE 2630
AMENDING SECTION 2.28.110 OF THE MUNICIPAL CODE
RELATING TO APPOINTMENT OF MEMBERS TO THE BOARD OF
ETHICS (first readim!l - The Board of Ethics is proposing a revision to the
current Code of Ethics which is presented for Council's review. The purpose
of the revision is to allow for an alternative appointment process should the
Presiding Judge of the South Bay Municipal Court Judicial District fail or
decline to make an appointment. It is recommended that Council place the
ordinance on first reading. (Board of Ethics) Continued from the meeting of
5/23/95.
ORGANIZATIONAL RESTRUCTURING OF THE INTERNATIONAL
FRIENDSHIP COMMISSION (IFC) - The 1FC currently operates as a City
commission and is requesting that Council consider restructuring the IFC as a
non-profit corporation. The IFC recommends that Council accept the report and
refer to staff. (International Friendship Commission)
12.
REPORT
NAMING OF THE GALLERY SPACE AT THE SOUTH CHULA VISTA
LIBRARY - The Library Board of Trustees and the Friends of the Chula Vista
Library are requesting that the gallery space at the South Chula Vista Library
be named for Rosemary Lane, former Library Director. (Library Board of
Trustees and Friends of the Chula Vista Library)
13.
REPORT
Agenda
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June 6, 1995
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by
the Council, staff, or members of the general public. The items will be considered individually by the Council
and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please
fill out a "Request to Speak" form available in the lobby and submit it to the City Clerk prior to the meeting.
Public comments are limited to five minutes.
l4.A. RESOLUTION 17917 INTENTION TO APPROVE AN AMENDMENT TO CONTRACT
BETWEEN THE BOARD OF ADMINISTRATION OF THE CALIFORNIA
PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY
COUNCIL OF THE CITY CHULA VISTA (Administration)
B. ORDINANCE 2632 AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN
THE CITY OF CHULA VISTA AND THE BOARD OF
ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES'
RETIREMENT SYSTEM (Ureenc> and first readine)
15. RESOLUTION 17899 APPROVING AGREEMENT WITH THE ACCOUNTING FIRM OF
MORELAND & ASSOCIATES TO PROVIDE AUDITING SERVICES
FOR FISCAL YEARS 1994/95, 1995/96, AND 1996/97, WITH THE
OPTION TO EXTEND FOR TWO ADDITIONAL YEARS - City Charter
requires an annual independent audit. Request for Proposals were sent to 27
audit firms. Staff reconunends approval of the resolution. (Director of Finance)
Continued from the meeting of 5/23/95.
16. RESOLUTION 17918 APPROVING THE FISCAL YEAR 1995-1999 CONSOLIDATED PLAN
INCLUDING BOTH THE FISCAL YEAR 1995-1996 COMMUN1TY
DEVELOPMENT BLOCK GRANT (CDBG) AND HOME INVESTMENT
PARTNERSffiP (HOME) PROGRAM BUDGETS AND AUTHORIZING
TRANSMITTAL OF FISCAL YEAR 1995-1999 CONSOLIDATED PLAN
TO THE U.S. DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT (HUD) - Council held a public hearing on 5/16/95 to review
and receive public conunent on the draft fiscal year 1995-1999 Consolidated
Plan and to review all projects and programs being considered for CDBO and
Home funding. Staff reconunends approval of the resolution. (Director of
Conununity Development)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the City Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public will be considered prior to those pulled by Councilmembers.
Public comments are limited to five minutes per individual.
OTHER BUSINESS
17. CITY MANAGER'S REPORT(S)
a. Scheduling of meetings.
Agenda
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June 6, 1995
18. MAYOR'S REPORT(S)
a. Ratification of appointment: James R. Robinson - Child Care Commission.
19. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) a Special Worksession/Meeting on Wednesday, June
7, 1995 at 6:00 p.m. in the Council Conference Room, thence to the Regular City Council Meeting on June 13,
1995 at 6:00 p.m. in the City Council Chambers.
A Joint Special Meeting of the Redevelopment Agency/City Council will be held immediately following the City
Council meeting.
II< *.........
CLOSED SESSION
Unless the City Attorney, the City Manoger or the City Council states otherwise at this time, the Council will
discuss and deliberate on the foUowing items of business which are permitted by law to be the subject of a closed
session discussion, and which the Council is advised should be discussed in closed session to best protect the
interests of the City. The Council is required by law to return to open session, issue any reports of DMl action
taken in closed session, and the votes taken. However, due to the typical length of time taken up by closed
sessions, the videotaping will be terminoted at this point in order to save costs so that the Council's return from
closed session, reports of final action taken, and adjournment will not be videotaped. Nevertheless, the report
of finol action taken will be recorded in the minutes which will be available in the City Clerk's Office.
20. CONFERENCE WITH LEGAL COUNSEL REGARDING:
J. Existing litigation pursuant to Govermnent Code Section 54956.9
. Chula Vista and nine other cities vs. the County of San Diego regarding solid waste
issues (trash litigation).
2. Anticipated litigation pursuant to Government Code Section 54956.9
. Metro Sewer Adjustment Billing (water reclamation and expansion costs) and EPA
lawsuit.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
. Agency negotiator: John Goss or designee for CVEA, WCE, IAFF, POA, Executive
Management, Mid-Management, and Unrepresented.
Employee organization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), International Association of Fire Fighters (IAFF) , and Police Officer
Association (POA).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
21. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
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June 6, 1995
Subject:
The Honorable Mayor and City Council
James B. Hardiman, Fire Chief~ II-
Recognition of Chula Vista Firefighters and Dispatchers
To:
From:
In the early morning hours of April 11, 1995 a fire occurred at a house
on Date Street in Chula Vista. Firefighters responded from Station 1
Station 3 and Station 5. Dispatchers recieved the call and reported an
elderly man trapped inside. When the fire units arrived on the scene they
saw fire coming from several windows of the house. While one fire crew
attacked the fire another went in and rescued the victim while the third crew
performed first aid. The victim was transported, treated and released from a
local hospital. Were it not for the professionalism and teamwork of the
Dispatchers and Chula Vista Fire Department personnel a life would not
have been saved. It is for this reason that we recognize their significant
efforts and dedication on this day June 6, 1995.
PERSONNEL TO BE RECOGNIZED:
Battalion Chief: Jay Harrold
Captains: Joe Nollet Mike Berthiaume John Mclintock
Engineers: Bob Wright Jim Garcia Rich Campbell
Firefighters: Greg Sedlacek Tom Reimer Rich Eagan Jeff Piraino
Fire Explorers: Seth Pidgeon J. Harris
Lead Communications Operators: Tina Jones Martha Coulson
~~- \
June 1, 1995
SUBJECT:
The Honorable Mayor and City councif}j
John D. Goss, City Manager~~ J~~r
city Council Meeting of June 6 1995
TO:
FROM:
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, June 6, 1995. Comments regarding
the written Communications are as follows:
5a. This is a letter from the City Attorney stating that as a
result of the deliberations that occurred in Closed Session on
5/23/95, the city Council authorized partial settlement of
Ham, et al claims. Except for the foregoint, there were no
observed reportable actions taken by the city Council at the
Closed Session.
JDG:mab
fIJv1\ nilO.:vvY'Q01
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ClN OF
, CHULA VISTA
,
OFFICE OF THE CITY ATTORNEY
Date:
May 31, 1995
From:
The Honorable Mayor and City cou().T\
Bruce M. Boogaard, City Attorney\1~
Report Regarding Actions Taken in Closed Session
for the Meeting of 5/23/95
To:
Re:
The purpose of this letter is to announce that as a result of
deliberations that occurred in Closed Session on May 23, 1995, the
City Council authorized partial settlement of the Ham, et al
claims.
Except for the foregoing, there was no other observed reportable
action taken by the City Council in Closed Session.
BMB: 19k
C:\lt\clossess.rep
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276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691,5037
CITY COUNCIL AGENDA STATEMENT
Item L-
Meeting Date 06/06/95
ITEM TITLE: Resolution /1 q l~ Authorizing execution of a two party agreement
between the City of Chula Vista and Skidmore Environmental Planning
related to environmental consulting services for the proposed Veteran's
Home and appropriating funds in connection therewith.
SUBMITTED BY: Community Developme".;:~t. D rector C7.
REVIEWED BY: City Manage[)G ~'. .
CJ' (4/5ths Vote: Yes X No_)
BACKGROUND: Implementation of the proposed Veteran's Home at the proposed location
north of the Sharp hospital site in Sun bow would require environmental review and
documentation pursuant to the California Environmental Quality Act (CEQA) and the National
Environmental Policy Act (NEPA). Preparation of the necessary documents requires the
services of a consultant. A Request for Proposals for environmental consulting services for
the project was issued in September 1994 and was noticed and advertised as required by
ordinance and by the Environmental Review Procedures of the City of Chula Vista. A
selection committee was convened by the City Manager and Skidmore Environmental
Planning, the most qualified consultant presenting the best overall bid, was selected for the
work.
RECOMMENDATION: That the Council approve the resolution authorizing execution of a two
party agreement between the City of Chula Vista and Skidmore Environmental Planning related
to environmental consulting services for the proposed Veteran's Home and appropriating funds
in connection therewith.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On May 16, 1995, the Council and Redevelopment Agency approved Resolutions 17898 and
1453, respectively, directing staff to commence CEQA review for the Veteran's Home project.
Prior to that date, when it became evident that environmental review for the project would
require the services of a consultant, staff issued a Request for Proposal.
The Request for Proposal was issued on September 15, 1994 and a Notice was published that
day in the in The San Diego Union-Tribune. Additionally, copies of the Notice of the RFP were
sent to the Association of Environmental Professionals and all consultants on the City's
approved list of environmental consultants, as well as to several firms which had requested
copies in advance of publication. Thirteen (13) environmental consultants responded to the
RFP. A selection committee was convened by the City Manager which consisted of the
following individuals: Joe Monaco, Environmental Projects Manager; Juan Arroyo, Housing
Coordinator; Duane Bazzel, Principal Planner; and Doug Reid, Environmental Review
Coordinator. The Selection Committee met on September 21, 1994 and selected the
following five firms to advanced to interviews: Lettieri-Mcintyre & Associates, Skidmore
Environmental Planning, RECON, A.D. Hinshaw and Associates, and Helix Environmental.
~;I
Page 2. Item ~
Meeting Date 06/06/95
Skidmore Environmental Planning (SEP) was determined to be the best qualified firm offering
the greatest value of service to the City. Criteria used to select the consultant included:
project understanding, consultant team qualifications, related experience, and fee; all weighted
equally. These criteria were set by the selection committee in accordance with standard City
procedures. Federal funding of the project does not mandate federal purchasing requirements.
Of the five finalists SEP was the second lowest bidder. Fee estimates for the five finalists
were as follows (please note that the fee negotiated with the successful firm is lower than
the initial bid due to reductions in the scope of services ordered by the City upon refinement
of the project description and location):
Letteri, Mcintyre & Associates
Recon
A.D. Hinshaw & Associates
Skidmore Environmental Planning
Helix Environmental
$86.233.00
83.356.00
63.582.90
79.874.00
83,969.00
However, SEP's bid was deemed to possess the greatest value since their extensive
qualifications included successful completion of the environmental documents for the latest
Veteran's Home Facility in Barstow. This experience weighed heavily in the selection since
representatives from the State General Services Office had expressed to City staff a strong
desire to work with a firm that was familiar to them and that had demonstrated qualifications.
SEP was selected as the best bid based on these factors.
The scope of work to be performed by the consultant includes conducting field surveys,
coordinating with appropriate city and state representatives and preparation of a document
acceptable to the City, the State of California and Federal Veteran's Administration to meet
all requirements of CECA and NEPA.
SEP has performed work for the City on this project previously. The work consisted of
biological surveys that are required to be performed in the Spring, and were authorized by the
City Manager. in accordance with the appropriate Municipal Code provision, to avoid future
delays in project implementation. Those services were valued at $1,995.
Funding for the contract will require appropriation of $51 ,61 0 from the CEQA Issues Account.
Staff is pursuing reimbursement through the State Department of Veteran's Affairs for the
consulting fees, however, it is uncertain that the fees will be a recoverable expense and
reimbursement should not be relied upon by Council in their decision to appropriate funds.
FISCAL IMPACT: Fees for professional services authorized by the resolution total $51.610
to be appropriated and paid out of the Low-Moderate Housing Professional Services account.
The cumulative value of services to be provided by SEP totals $53,605 ($1,995 for the
previous work and $51.610 for this contract).
IBBIC:IWP511COUNCILI113SISKIDMORE.1131
I,..~
RESOLUTION l1 q \3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING EXECUTION OF A TWO PARTY AGREEMENT BETWEEN THE CITY
OF CHULA VISTA AND SKIDMORE ENVIRONMENTAL PLANNING RELATED TO
ENVIRONMENTAL CONSULTING SERVICES FOR THE PROPOSED VETERAN'S HOME
AND APPROPRIATING FUNDS IN CONNECTION THEREWITH
WHEREAS, acquisition of property for the purposes of ultimately constructing the
proposed Veteran's Home project is an action defined as a "project" according to section
15378 of the California Environmental Quality Act (CEQA) Guidelines and therefore, requires
environmental review; and,
WHEREAS, federal funding of the project necessitates compliance with the National
Environmental Policy Act (NEPA); and,
WHEREAS, staff does not possess the resources to conduct the appropriate studies
in compliance with CEQA and NEPA for the project; and,
WHEREAS, Skidmore Environmental Planning (consultant) was selected, in
accordance with all applicable provisions of the Chula Vista Municipal Code and Environmental
Review Procedures to perform said studies; and,
WHEREAS, a two party agreement, in a form approved by the City Attorney has been
prepared that outlines the duties and responsibilities of consultant and the City in consultant's
performance of the stated scope of work; 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 in accordance with the terms and conditions of the Agreement, copy of which is on
file in the Office of the City Clerk as Document
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista
does hereby find, determine, resolve and order as follows:
1 . Authorize the Mayor to execute the Agreement between the City of Chula Vista
and Skidmore Environmental Planning related to environmental consulting services for the
proposed Veteran's Home.
2. Appropriate funds for this purpose in the amount of $51,610 from the Low-
Moderate Housing Professional Services Account (993-9930-5201).
3. Direct staff to solicit reimbursement.
PRESENTED BY:
APPROVED AS TO FORM BY:
fVk~o
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(/ L-2'/1./i ~. Q~'
uce M.)Booga
City ttorney
Chris Salomone
Community Development Director
IBB\C:\WP51\COUNCIL\RESOS\SKIOMORE.RESI /' _ /' . (J
{!7-.,3 &-r
Agreement between
City of Chula Vista
and
Skidmore Environmental Planning
for Environmental Consulting services
Related to the proposed
Veteran/s Home
This agreement ("Agreement"), dated May 17, 1995 for the
purposes of reference only, and effective as of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("City"), whose business form is
set forth on Exhibit A, paragraph 3, and Skidmore Environmental
Planning, 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, the State Department of Veteran's Affairs has
indicated to the City the desire to construct a Veteran's Home
facility within the City of Chula Vista at a specified location;
and,
Whereas, City staff has determined that the project is
subject to review under the California Environmental Quality Act
(CEQA) and the National Environmental Policy Act (NEPA); and,
Whereas, environmental documentation and public review is
required under CEQA and NEPA; and
Whereas, the scope of said documentation requires resources
and expertise beyond that which City staff possesses; and,
Whereas, the City issued a Request for Proposals, accepted
bids and selected the most qualified consultant for environmental
services, all in accordance with the procedures set forth in the
City's Municipal Code and the Environmental Review Procedures;
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;
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 1
I
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,
E. 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
"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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 2
d-
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 categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
Statutory Worker's Compensation Insurance and Employer's
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
Commercial General Liability Insurance including combined
single limit applied separately to each project away from
premises owned or rented by Consultant, which names City and
Applicant as an Additional Insured, and which is primary to any
policy which the City may otherwise carry ("Primary Coverage"),
and which treats the employees of the City and Applicant in the
same manner as members of the general public ("Cross-liability
Coverage") .
G. Proof of Insurance Coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
In order to demonstrate the Additional Insured
Coverage, Primary Coverage and Cross-liability Coverage required
under Consultant's Commercial General Liability Insurance Policy,
Consultant shall deliver a policy endorsement to the City
demonstrating same, which shall be reviewed and approved by the
Risk Manager.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 3
-3
H. Security for Performance.
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Performance Bond (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Performance Bond"), then Consultant
shall provide to the City a performance bond by a surety and in a
form and amount satisfactory to the Risk Manager or City 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
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
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 4
'f
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 1B, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 1B, City
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph
19 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
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 1B (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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 5
5
It is acknowledged by both parties that time is of the
essence in the co~pletion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate") .
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the City's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", Consultant is deemed to be a "Consultant" for
the purposes of the political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required Statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
Exhibit A, or if none are specified, then as determined by the
City Attorney.
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
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 6
(p
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with
Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the City Attorney of City if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. Specific warranties Against Economic Interests.
consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the 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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 7
1
Consultant may not conduct or solicit any business for any
party to this Agreement, or for any third party which may be in
conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect and hold
harmless the City, its elected and appointed officers and
employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees)
arising out of the negligent conduct or willful misconduct of the
Consultant, or any agent or employee, subcontractors, or others
in connection with the execution of the work covered by this
Agreement, except only for those claims arising from the
negligence or willful misconduct of the City, its officers, or
employees. Consultant's indemnification shall include any and all
costs, expenses, attorneys' fees and liability incurred by the
City, its officers, agents, or employees in defending against
such claims, whether the same proceed to judgment or not.
Further, Consultant at its own expense shall, upon written
request by the City, defend any such suit or action brought
against the City, its officers, agents, or employees. Consult-
ants' indemnification of City shall not be limited by any prior
or subsequent declaration by the Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations of this Agreement, City shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
thereof at least five (5) days before the effective date of such
termination. In that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by Consultant shall, at the option of the
City, become the property of the City, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by
Consultant's breach.
9. Errors and Omissions
In the event that the City Administrator determines that the
Consultants' negligence, errors, or omissions in the performance
of work under this Agreement has resulted in expense to City
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 8
8
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".
12. Ownership, Publication, Reproduction and Use of Material
All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of City. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United States or in any other country without the express
written consent of City. City shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the Public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports,
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 9
9
13. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or
federal income tax, social security tax or any other payroll tax,
and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
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.
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.
Attorney's Fees
Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the Defined Services, Consultant shall include, or
cause the inclusion of, in said report or document, a stateme~t
of the numbers and cost in dollar amounts of all contracts and
subcontracts relating to the preparation of the report or
document.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 10
~
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consult-
ant shall have no authority to act as City's agent to bind City
to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the United States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
instrument in writing executed by the party against which
enforcement of such amendment, waiver or discharge is sought.
E. Future Services
This Agreement relates exclusively to the scope of services
described in Exhibit A and does not pre-commit City to any future
services. Said scope of services was offered by Consultant as a
part of a comprehensive bid for environmental services relating
to the overall project and was severed from the comprehensive bid
for specific purposes. No other portion of the comprehensive bid
is authorized under this Agreement and no commitment is made by
City to award any future contract to Consultant.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 11
(/
F. 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.
G. 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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 12
I~
Signature Page
to
Agreement between City of Chula Vista
and
Skidmore Environmental Planning
for
Environmental Consulting 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:
, 19_
City of Chula Vista
Dated:
by:
Shirley Horton, Mayor
Approved as to form:
/,-,
~
Attorney
Dated: ~:~ V'Y\~ V=t q,5
\
Skidmore Environmental Planning
By:
~ ~V-cJ-~
Anthony \J. Skidmore
Principal
Exhibit List to Agreement
( X )
Exhibit A.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 13
/~
Exhibit A
to
Agreement between
City of Chula Vista
and
Skidmore Environmental Planning
1. Effective Date of Agreement:
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation
of the State of California
() Redevelopment Agency of the City of Chula Vista, a
political subdivision of the State of California
() Industrial Development Authority of the City of Chula
Vista, a
() Other:
[insert business form]
, a
("City")
3. Place of Business for City:
City of Chula Vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Skidmore Environmental Planning
5. Business Form of Consultant:
(X) Sole Proprietorship
( ) Partnership
( ) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
187 East Wilson
Costa Mesa, California 92627
Voice/Fax Phone (714) 645-8773
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 14
J~
7. General Duties:
Consultant shall prepare an environmental Initial
Study/Environmental Assessment and Negative
Declaration/Finding of No Significant Impact, if
appropriate, and all other required documentation, in full
compliance with the provisions of the California
Environmental Quality Act (CEQA) and the National
Environmental Policy Act (NEPA) for the proposed Veteran's
Home project planned for a 30 acre site immediately north of
the Sharp Community Hospital in the Sunbow community.
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
The Initial Study/Negative Declaration and Environmental
Assessment/Finding of No Significant Impact (IS/ND-EA/FONSI)
shall comply completely with the criteria, standards and
procedures of the California Environmental Quality Act of
1970 (Public Resources Code Sections 21000 et. seq.), the
State CEQA Guidelines (California Administrative Code
Sections 15000 et. seq.), the National Environmental Policy
Act of 1969 (42 U.S.C. 4321-4347) and Council on
Environmental Quality Regulations (40 CFR Parts 1500-1508),
the Environmental review Procedures of the City of Chula
Vista and the regulations, requirements and procedures of
any other responsible public agency or any other agency with
jurisdiction by law.
The IS/ND-EA/FONSI shall provide an evaluation of feasible
mitigation measures which could be carried out to reduce or
eliminate adverse impacts of the proposed project.
Consultant shall consult with all responsible agencies,
agencies having jurisdiction by law and any other person or
organization having control over or interest in the project.
The documents shall be prepared in such a manner that they
will be meaningful and useful to decision makers and to the
public. Technical information should be summarized in the
body of the report and placed in an appendix.
Consultant shall perform the following tasks in accordance
with a schedule to be agreed upon by the City anc
Consultant:
Prepare all public notices required by CEQA and NEPA
Prepare Screencheck IS/EA, including impact analysis
of: Land Use and Planning, Geophysical, Hydrology, Air
Quality, Noise, Transportation/Circulation, Biology,
Public Services/Utilities, Aesthetics, Cultural
Resources, Alternatives, and other required sections.
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 15
A
Respond to one set of City comments and one set of
comments by other agencies.
Prepare Final IS/ND-EA/FONSI to the satisfaction of the
City, the State Department of General Services, and the
Federal Veteran's Administration.
Consultant shall provide the following deliverable products:
One reproducible copy of each required public notice
Twenty (20) copies of the Screencheck IS/ND-EA/FONSI
One (1) check copy of IS/ND-EA/FONSI
Seventy Five (75) copies of IS/ND-EA/FONSI for Public
Review
One (1) reproducible copy of any responses to comments
Master copies of all technical studies (appendices)
One (1) copy of the IS/ND-EA/FONSI on a computer disk
formatted in Wordperfect 5.1
Consultant and/or their subconsultants shall attend the
following meetings and hearings:
Ten (10) Project initiation and issue resolution
meetings
One (1) Resource Conservation Commission meeting
Three (3) Planning Commission public hearings
Two (2) City Council Hearings
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: Acceptable Screencheck IS/ND-
EA/FONSI
Deliverable No.2: Acceptable Public Review IS/ND-
EA/FONSI document
Completion dates for deliverables will be in accordance
with a project schedule to be agreed upon by the City
and Consultant.
D. Date for completion of all Consultant services:
Within four (4) months of execution of this agreement
9.
Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
() Employer's Liability Insurance coverage:
(X) Commercial General Liability Insurance:
$1,000,000.
$1,000,000.
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 16
/1,
Errors and Omissions insurance:
(included in Commercial General
Errors and Omissions Insurance:
in Commercial General Liability
None Required
Liability coverage) .
$250,000 (not included
coverage) .
10. Materials Required to be Supplied by City to Consultant:
Project description, site location maps, available site
plans
11. Compensation:
A. (X) Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant
as herein required, City shall pay a single fixed fee in the
amounts and at the times or milestones or for the Deliverables
set forth below:
Single Fixed Fee Amount: $51,610, payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
Signed Agreement
City approval of screencheck document
City approval of final document
Adoption of final document by City Council
B. ) Phased Fixed Fee Arrangement.
$10,322
$18,063
$18,063
$5,162
For the performance of each phase or portion of the Defined
Services by Consultant as are separately identified below, City
shall pay the fixed fee associated with each phase of Services,
in the amounts and at the times or milestones or Deliverables set
forth . Consultant shall not commence Services under any Phase,
and shall not be entitled to the compensation for a Phase, unless
City shall have issued a notice to proceed to Consultant as to
said Phase.
Phase
Fee for Said Phase
3 .
$
$
$
1.
2 .
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 17
/1
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.
Rate Schedule
Category of Employee
of Consultant
Hourly
Rate
Project Manager
Project Coordinator/Analyst
Biologist
Traffic Engineer
Geologist
Noise Analyst
Archaeologist
$65
$40
$60
$75
$85
$75
$70
(X) Hourly rates may increase by 6% for services
rendered after May, 1996, if delay in providing
services is caused by City.
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 18
It
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by
Consultant in the performance of services herein required, City
shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
) Reports, not to exceed $
) Copies, not to exceed $
) Travel, not to exceed $
) Printing, not to exceed $
) Postage, not to exceed $
) Delivery, not to exceed $
) Long Distance Telephone Charges,
not to exceed $
Other Actual Identifiable Direct Costs:
, not to exceed $
, not to exceed $
13. Contract Administrators:
City:
Joseph Monaco, Environmental Projects Manager
Consultant:
Anthony J. Skidmore, Principal
14. Liquidated Damages Rate:
$ per day.
Other:
15. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( Category No.1. Investments and sources of
income.
Category No.2. Interests in real property.
Category No.
property and
regulatory,
department.
3. Investments, interest in real
sources of income subject to the
permit or licensing authority of the
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 19
/1
Category No.4. Investments in business entities
and sources of income which engage in land
development, construction or the acquisition or
sale of real property.
Category No.5. Investments in business entities
and sources of income of the type which, within
the past two years, have contracted with the City
of Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
Category NO.6. Investments in business entities
and sources of income of the type which, within
the past two years, have contracted with the
designated employee's department to provide
services, supplies, materials, machinery or
equipment.
Category No.7. Business positions.
( ) List "Consultant Associates" interests in real
property within 2 radial miles of Project Property, if any:
16. ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
Pacific Southwest Biological Services
JBG Environmental Consulting
Mestre-Greve and Associates
Linscott Law and Greenspan
Wilson Geosciences
Brian F. Smith and Associates
18. Bill Processing:
A. Consultant's Billing to be submitted for the following
period of time:
( ) Monthly
( ) Quarterly
(X) Other: per milestones
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 20
d0
B.
Billing:
Day of the Period for submission of Consultant's
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
19. Security for Performance
Performance Bond, $
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:
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 21
dI/;J-')--
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item {
Meeting Date 06/06/95
Resolution i\ l\ '''\ Authorizing execution of three separate three party
agreements among the City of Chula Vista, MCA Concerts, Inc. and the
following consultants: Tetra-Tech, Inc., BRW, Inc., and Pacific
Southwest Biological Services, Inc., related to environmental consulting
services for the proposed MCA Amphitheater project.
Community Developmen~~~r~ctor C~.
City Manager Ji6J ~ ~J
U~ .c. (4/5ths Vote: Yes No ..X..!
SUBMITTED BY:
REVIEWED BY:
BACKGROUND: In response to a development application filed by MCA Concerts, Inc. for the
purposes of developing a 20,000 seat amphitheater located within Phase I of the Otay Rio
Business Park, staff has determined an Environmental Impact Report is required to satisfy the
requirements of the California Environmental Quality Act (CEQA). The services of consultants
are required to prepare the necessary documents.
RECOMMENDATION: That the Council approve the resolution authorizing execution of three
separate three party agreements among the City of Chula Vista, MCA Concerts, Inc. and the
following consultants: Tetra-Tech, Inc., BRW, Inc., and Pacific Southwest Biological Services,
Inc., related to environmental consulting services for the proposed MCA Amphitheater project.
DISCUSSION:
On June 21, 1994 the Council approved Resolution Number 17541 waiving the consultant
selection process for the purposes of engaging the services of the three environmental
consultants, who are parties to the subject agreements, to prepare the necessary
environmental documents for the MCA Amphitheater project. At that time, the purpose for
the waiver was to expedite processing of the project at the applicant's request. In the
approximately eight months since the Council approved Resolution 17541 and the initiation
of consultant services, the project had been incrementally delayed by the applicant for reasons
relating to project design and noise impact resolution. During this time period it was the
applicant's desire to retain the "on-call" status of the consultants so that environmental work
would proceed as expeditiously as possible when a workable design was developed. The
waiver was based on the applicant's acceptance of the selected consultants and willingness
to pay the entire sum of their contracts. Since that time, representatives of MCA Concerts
did indicate their acceptance of the selected consultants and have deposited with the City
sufficient funds to pay said fees in full.
The consultants were selected from the City's approved list of environmental consultants and
are deemed to be the best qualified to perform the specific scope of work required for this
project.
Recent activity with respect to other competing projects has again raised the level of urgency
for processing of the project. For this reason, and at the request of the applicant, the
consultants have initiated their work with the full understanding of all parties that any work
t"\
Page 2, Item l-
Meeting Date 06/06/95
performed by the consultant's prior to execution of the agreements would be paid from the
applicant funded deposit account, with no financial risk to the City.
The scope of work to be performed by the consultants includes conducting field surveys,
coordinating with appropriate city representatives and preparation of documents acceptable
to the City and other responsible agencies, meeting all requirements of CEQA.
Funding for the contracts has already been established through a full deposit made by the
project applicant.
FISCAL IMPACT: All consultant fees will be paid by the project applicant from a pre-
established deposit account.
IBB\C:\WP51 \COUNCIL\113S\MCA-EIR.1131
l'~
RESOLUTION \1 ~ \ ~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING
EXECUTION OF THREE SEPARATE THREE PARTY AGREEMENTS AMONG THE CITY OF CHULA
VISTA, MCA CONCERTS, INC. AND THE FOllOWING CONSULTANTS: TETRA-TECH, INC.,
BRW, INC., AND PACIFIC SOUTHWEST BIOLOGICAL SERVICES, INC., RELATED TO
ENVIRONMENTAL CONSULTING SERVICES FOR THE PROPOSED MCA AMPHITHEATER
PROJECT
WHEREAS, In response to a development application filed by MCA Concerts, Inc. for the
purposes of developing a 20,000 seat amphitheater located within Phase I of the Otay Rio Business
Park, staff has determined that an Environmental Impact Report is required to satisfy the requirements
of the California Environmental Quality Act (CEQA); and,
WHEREAS, The services of consultants are required to prepare the necessary documents, due
to the limited resources of City staff; and,
WHEREAS, Tetra-Tech, Inc., BRW, Inc., and Pacific Southwest Biological Services were
selected, in accordance with all provisions established in Council Resolution 17541 - approved June 21,
1994, the Chula Vista Municipal Code and Environmental Review Procedures of the City of Chula Vista
to perform said studies; and,
WHEREAS, three separate three party agreements, in a form approved by the City Attorney have
been prepared that outline the duties and responsibilities of the consultants, the applicant and the City
in consultant's performance of the stated scope of work; and,
WHEREAS, the project applicant has agreed to the consultant selection and has deposited the
total sum of all consulting fees in advance with the City for the purposes of paying consulting fees; and,
WHEREAS, consultants warrant and represent 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 in accordance
with the terms and conditions of the Agreements, copies of which are on file in the Office of the City
Clerk as Documents
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does
hereby find, determine, resolve and order as follows:
1. The following three party Agreements are approved in the form presented with such minor
changes as may be required by the City Attorney; and the Mayor is authorized to execute same.
(Al Three Party Agreement Between the City of Chula Vista, Tetra-Tech, Inc. and MCA
Concerts, Inc., related to Consulting Work to be Rendered with regard to Applicant's
Project
(B) Three Party Agreement Between the City of Chula Vista, BRW, Inc. and MCA Concerts,
Inc., related to Consulting Work to be Rendered with regard to Applicant's Project
(C) Three Party Agreement Between the City of Chula Vista, Pacific Southwest Biological
Services, Inc. and MCA Concerts, Inc., related to Consulting Work to be Rendered with
regard to Applicant's Project
A , Dvm A;O ORM B~
Bruce M. Boogaard
City Attorney
PRESENTED BY:
~ ~~~-~
ChriS
Community Development Director
IBB\C:\WP51 \COUNCIL\RESOS\MCA-EIR.RESI
'1 - 3/1-4
\-
~"~'
-(
Three Party Agreement
Between
City of Chula Vista,
Tetra-Tech, Inc., and
MCA Concerts, Inc.
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 Exhib-
it A as "Consultant" ("Consultant") whose business form and
address is indicated on the attached Exhibit. A, and the person
designated on the Attached Exhibit A as "Applicant" ("Applicant")
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 of land
("Property") commonly known as, or generally located as,
described on Exhibit A, Paragraph 1, or has an option or other
entitlement to develop said Property or is negotiating with the
owner for control of the site and has owner's permission to
process entitlements.
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.
Applicant,
Exhibit A,
In order for the City to process the Application of
Work of the general nature and type described in
Paragraph 4, ("Work") will need to be completed.
2.4.
resources
requested
City does not presently have the
to process the application within
for review by the Applicant.
"inhouse" staff or
the time frame
2.5. This
Applicant shall
Consultant, who
agreement proposes an arrangement by which
retain, and be liable for the costs of retaining,
shall perform the services required of Consultant
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November 2, 1993
Standard Form Three Party Agreement
Page 1
/
by this Agreement solely to, and under the direction of, the
City.
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 TO AND 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 and/or 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.
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November 2, 1993
Standard Form Three Party Agreement
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3.2. Comoensation 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 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.
3.2.1. Additional Work. If the Applicant, with the
concurrence 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, with the concurrence of Applicant, 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
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November 2, 1993
Standard Form Three Party Agreement
Page 3
3
the amount of time and materials budgeted by Consultant for the
Services deleted.
3.3. Security for Payment of Compensation by 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.
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.
within 30 days after of the use
Nothing herein shall invalidate
herein authorized.
Applicant shall be notified
of the Deposit in any manner.
use of the Deposit in the manner
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 in
such amount as City shall reasonably specify, and upon doing so,
Applicant shall, within 30 days pay 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.
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November 2, 1993
Standard Form Three Party Agreement
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4-
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 categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
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.
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 Coverage") .
4.1.3. Errors and Omissions insurance, in the amount
set forth in Exhibit A, Paragraph 10, unless Errors and Omissions
coverage is included in the General Liability policy.
4.2. Proof of Insurance Coveraqe.
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.
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November 2, 1993
Standard Form Three Party Agreement
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5
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.
4.3. 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.
4.4. Communication to Aoolicant.
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.
5. Non-Comoensation Duties of the Aoolicant.
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.
Documents provided by Applicant shall be considered by Consultant
to be complete and accurate, unless material errors or omissions
within said documents can be reasonably detected by Consultant
using standard professional judgement or unless the scope of work
as described in Exhibit A, Paragraph 5 specifically requires
Consultant to verify the completeness and/or accuracy in said
reports.
5.2. Prooertv 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 by Consultant and
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November 2, 1993
Standard Form Three Party Agreement
Page 6
o
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 by
Consultant.
5.3. Communication to Consultant.
Applicant. shall not communicate directly to the Consultant
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 Applicant may request. such meetings
as they desire with the Consultant to ensure the adequacy of
services performed by Consultant.
6. Administrative Reoresentatives.
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 Desianated 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.
7.2. Decline to particioate.
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.
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
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November 2, 1993
Standard Form Three Party Agreement
Page 7
7
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 Accruire Conflictinq 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. Dutv to Advise of Conflictinq 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 Aqainst 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.
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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November 2, 1993
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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 Rioht to Terminate Payment 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.
and shall
work.
Applicant shall have no right to terminate Consultant,
not exercise any control or direction over Consultant's
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
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November 2, 1993
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forth in Chapter 1.34 of the Chula Vista Municipal Code, the
provisions of which are incorporated by this reference as if set
fully set forth herein.
11. Hold Harmless and Indemnification
11.1. Consultant to Indemnifv 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 negligent or willful
misconduct of the Consultant, or any agents, employees or
subcontractors of Consultant in connection with the execution of
the work covered by this Agreement. 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.
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 further agrees to require Consultant to obtain such business
license.
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 agreements 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 Subseauent 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 Aqreement.
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. Caoacitv 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. Governinq 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. Headinqs.
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.
3pty4.wp
November 2, 1993
Standard Form Three Party Agreement
Page 12
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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. 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.
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November 2, 1993
Standard Form Three Party Agreement
Page 13
/3
Signature Page
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:
Shirley Horton
Mayor
Approved as to Form:
Bruce M. Boogaard
City Attorney
Dated:
Consultant:
Tetra-Tech, Inc.
by:.\t- /. '-- ~. '---.;y-
Dan Batrack, Vice President
Dated:
Applicant:
MeA oncerts, Inc.
by:
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November 2, 1993
Standard Form Three Party Agreement
Page 14
Jif
Exhibi t A
Reference Date of Agreement: March 10, 1995
Effective Date of Agreement:
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Tetra Tech, Inc.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 6405 Mira Mesa Boulevard, San Diego, CA 92121
Applicant: MCA Concerts Inc.,
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 100 Universal City Plaza, Universal City, CA 91608
1. Property (Commonly known address or General Description):
The project site is known as the improved portion (Phase 1) of
the Otay Rio Business Park, located west of Otay Valley road in
the southeastern corner of the City.
2. Project Description ("Project"):
The proposed project involves construction of a 20,000 person
capacity outdoor amphitheater, consisting of approximately 6 -
7,000 fixed seats and a grass berm to provide lawn seating for 13
- 14,000 patrons. The complex is proposed to include permanent
concession, restroom and box office buildings and will require
parking for approximately 6,500 cars.
3. Entitlements applied for:
Conditional Use Permit
Design Review
Consolidation Map
Noise Ordinance Amendment
Street Vacations
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November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 15
/5
4. General Nature of Consulting Services ("Services--General"):
Preparation of a screencheck (Deliverable No.1), draft
(Deliverable No.2) and final (Deliverable No.3) Environmental
Impact Report on the project, candidate CEQA findings
(Deliverable No.4) and all other necessary environmental
documents as outlined in Paragraph 5 as Detailed Scope of Work,
including but not limited to, a mitigation monitoring program.
5. Detailed Scope of Work ("Detailed Services ") :
The draft and final EIR and Candidate CEQA findings shall comply
completely with the criteria, standards and procedures of the
California Environmental Quality Act of 1970 (Public Resources
Code Sections 21000 et seq.), the State CEQA Guidelines
(California Admin. Code Section 15000 et seq.), the Environmental
Review Procedures of the City of Chula Vista and the regulations,
requirements and procedures of any other responsible public
agency or any agency with jurisdiction by law. If there are any
conflicts between the City of Chula Vista's requirements and
those of another agency, the City of Chula Vista's shall prevail.
The draft and final EIR shall provide an evaluation of feasible
mitigation measures which could be carried out to reduce or
eliminate adverse impacts of the proposed project. The documents
shall also analyze feasible alternatives to the project as
proposed.
If there are mitigation measures or alternatives to the project
which could reduce the adverse consequences of the project but
which are infeasible, the consultant shall cite in the candidate
CEQA findings the possible economic, social or other conditions
which render the mitigation measure or alternative infeasible.
The report shall specify which mitigation measures have been
incorporated into the project and which feasible mitigation
measures have not, but which could be incorporated as part of the
project. The report shall also identify feasible alternatives
which could reduce the adverse impacts but are not proposed by
the proponent.
Consultant shall consult with all responsible agencies, agencies
having jurisdiction by law and any other person or organization
having control over or interest in the project.
The documents shall be prepared in such a manner that they will
be meaningful and useful to decision makers and to the public.
Technical data should be summarized in the body of the report and
placed in an appendix.
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November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 16
/10
At a minimum, the EIR shall contain the following sections:
Executive Summary
The Executive Summary shall include a brief summary of the
project and proposed actions, as well as a summary of
environmental impacts and proposed mitigation measures.
Purpose and Scope of EIR
The Purpose and Scope section shall contain information relating
to the Project's compliance with the California Environmental
Quality Act and identify the purpose, scope and application of
the EIR.
Project Description
The Project Description shall include a discussion of the
location ad characteristics of the project, including a statement
of the project objectives.
Environmental Impact Analysis
This section will address the existing conditions, impacts,
mitigation measures and level of impact after mitigation for the
following topics:
Land Use and Plannina
The EIR will evaluate the consistency of the project with
existing General Plan Land use designations and other
relevant General Plan issues, including; Land Use Element
Goals/Objectives/Policies/Guidelines, Circulation Element
designations, Public Facilities Growth Management
Thresholds. Consistency with other related plans or
policies, including those of the Otay Valley Regional Park
will be addressed.
Geophvsical
The EIR will address potential impacts associated with
seismicity, soil suitability, landslides, erosion and
subsidence based on technical studies provided by the
applicant. The EIR shall provide an independent
verification of the information provided.
Water
The EIR will address potential impacts associated with
changes in absorption and redirection of runoff patterns,
flooding (adjacent to the Otay River), water quality impacts
3pty4-a.wp
November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 17
/7
from urban runoff, and changes in groundwater
characteristics. The analysis will be based on technical
studies provided by the applicant. The EIR shall provide an
independent verification of the information provided.
Air Oualitv
The EIR will analyze short term impacts including
construction vehicle exhaust, dust and particulate
generation, as well as long term impacts from operation of
the land uses and vehicular traffic.
Noise
A noise study is being prepared by the project applicant for
the purposes of determining amphitheater facility design and
protection of sensitive receptors in the project vicinity.
The ErR shall objectively evaluate the noise study and
provide a complete analysis of project impacts (including
traffic impacts from both the amphitheater and the public
works yard), mitigation measures and level of impact after
mitigation. Noise issues are anticipated to lend a high
degree of controversy to this project.
TransDortation/Circulation
The EIR will contain an analysis of increased vehicular
movement and parking requirements, including necessary
circulation improvements. The analysis wil~ be based on a
traffic study for the project to be provided to the
consultant by the City.
Bioloov
An analysis of direct and indirect impacts to biological
resources will be included in the EIR. This analysis will
be based on a biology study provided to the consultant by
the City.
Hazards
Contaminated soils have been stockpiled on the site and need
to be removed prior to development. The EIR must address
the existence of contaminated soils on the project site.
Studies will be provided by the project applicant for use in
this analysis.
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November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 18
/8
Public Services/Utilities
The EIR will address impacts to the following:
Fire Service
Police Service
Water/Sewer
Recreational Facilities
Aesthetics
The project will require grading to create a theater bowl
and building pads, placement of structures and building,
stage and theater lighting. The EIR shall address impacts
associated with landform alteration, views, aesthetics and
light and glare.
Cultural Resources
Archaeological, paleontological and historical resources
were evaluated in the EIR prepared for the Otay Rio Business
Park. The EIR shall make reference to previous studies and
render conclusions based on that information with respect to
the proposed project.
Alternatives
Pursuant to Section 15126(d) of the CEQA Guidelines, Consultant
shall provide an analysis of a reasonable range of alternatives.
This shall analysis shall include at least four alternatives,
including the no project alternative, existing land use
designations, a reduced size facility, an enclosed amphitheater
facility and an analysis of potential alternative sites.
Cumulative Impacts
The EIR shall address cumulative impacts in accordance with
Section 15130 of the CEQA Guidelines and shall be based on a list
of projects provided by the City. Cumulative effects for each
relevant issue shall be discussed and the scope of the analysis
shall be based on the range of impact for each issue.
Quantification of cumulative impacts shall be provided where
appropriate.
Growth-Inducing Impacts
This section shall address the project's potential to foster new
growth in the City and the region, in accordance with Section
15126(g) of the CEQA Guidelines.
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November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 19
Iq
Other Required Sections
The ErR will contain a discussion of the relationship between
local short-term uses and the maintenance and enhancement of
long-term productivity, the irreversible environmental changes
that would result from the proposed action and the effects found
not to be significant.
Mitigation Monitoring and Reporting Program
The Mitigation Monitoring and Reporting program (MMRP) will be
developed at the Draft EIR stage and should include monitoring
team qualifications, specific monitoring activities, a reporting
system and criteria for evaluating the success of the mitigation
measures.
Candidate CEQA Findings
Candidate CEQA Findings will be prepared for submittal to the
City of Chula Vista Planning Commission and City Council. The
CEQA Findings shall specify which mitigation measures have been
incorporated into the project, as well as those feasible measures
that have not been incorporated. The Findings will also identify
feasible alternatives that could reduce adverse projects impacts
but that are not being selected and why they have been rejected.
If applicable, a Statement of Overriding Considerations shall be
prepared.
Appendices
The Appendices of the EIR shall include a copy of the Notice of
Preparation, Comment letters and any technical studies relevant
to the EIR analysis.
Final EIR
The Final EIR will contain Responses to Comments on the Draft EIR
and any necessary revisions to the text of the Draft EIR.
Deliverable Products
The fixed fee contract price shall include the cost of supplying
the City with the following number of documents. Any printing in
excess of that herein specified will be reimbursed on a time and
materials basis, with prior authorization from the Contract.
Administrator, only.
o Fifteen (15) copies of the Screencheck EIR, MMRP and
Appendices;
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November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 20
~o
o One hundred (100) copies of the Draft EIR, MMRP and
Appendices;
o One hundred (100) copies of the Final EIR and
Appendices;
o Ten (10) copies of candidate CEQA Findings
o One (1) reproducible master copy of the FEIR suitable
for reproduction of City equipment provided in a white
three-ring binder;
o Any related technical data or studies generated in
conjunction with preparation of the EIR; and
o One computer disk copy of the EIR and related documents
that can be read by a Word Perfect 5.1 Program.
Attendance at the following minimum number of public meetings and
hearings will be required.
. Ten (10) Project initiation, scoping and issue
resolution meetings with the City/Applicant;
. One (1) Resource Conservation Commission meeting;
. Two (2) Planning Commission public hearings on the
DEIR;
. One (1) Planning Commission hearing on the FEIR and
related environmental documents; and
. At least two (2) City Council presentations on the FEIR
and related environmental documents
6. Schedule, Milestone, Time-Limitations within which to Perform
Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: Screencheck EIR - within 6 weeks of
effective date of this Agreement
Deliverable No.2: Draft EIR - within 8 weeks of
effective date of this Agreement
Deliverable No.3: Final EIR - within 12 weeks of
effective date of this Agreement
Deliverable No.4: Candidate CEQA Findings - within 13
weeks of effective date of this
Agreement
3pty4-a.wp
November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 21
~I
7. Documents to be provided by Applicant to Consultant:
(X) site plans (X) grading plans (x) architectural
elevations (X) project description.
(X) other:
Operational Noise Study
8. Contract Administrators.
City: Joe Monaco, Environmental Projects Manager
Applicant: MCA Concerts Inc.
Consultant:
Betty Dehoney, Tetra Tech, Inc.
9. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
Category No.1.
Category No.2.
Category No.3.
( )
Category No.4.
( )
Category No.5.
( )
Category No.6.
3pty4-a.wp
November 2, 1993
Investments and sources of income.
Interests in real property.
Investments, interest in real
property 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
Chula Vista (Redevelopment Agency)
to provide services, supplies,
materials, machinery or equipment.
Investments in business entities
and sources of income of the type
which, within the past two years,
have contracted with the designated
employee's department to provide
Exhibit A, Standard Form Three Party Agreement
Page 22
:J...a.
services, supplies, materials,
machinery or equipment.
() Category No.7.
Business positions.
10. Insurance Requirements:
(Xl Statutory Worker's Compensation Insurance
(Xl Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
(X) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage) .
() Errors and omissions insurance: $250,000 (not included
in Commercial General Liability coverage) .
3pty4-a.wp
November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 23
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Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the
processing of requests for proposals, draft and finalEIR's, and
all other necessary environmental documents as outlined in
Exhibit "A" including a mitigation monitoring program, and
WHEREAS, the City Council waived the consultant selection
process to expedite the processing of the EIR, and
WHEREAS, the City Manager appointed a selection committee
which has in accordance with Section 2.56.230 of the Chula Vista
Municipal Code, recommended tne above noted Consultant to perform
the required services for the City, and
WHEREAS, the Environmental Review Coordinator has negotiated
the details of this agreement in accordance with procedures set
forth in Sections 2.56.220-224 of the Chula Vista Municipal Code
and Sections 6.5.2 and 6.6 of the Environmental Review
Procedures.
3pty4-a.wp
November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 1
~~
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
(X) Single Fixed Fee Arrangement.
For 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: $44,810
Milestone or Event
Amount or Percent
of Fixed Fee
1. Signing of this agreement by all
parties and upon the request of the
contractor.
$15,684
2. Delivery of acceptable Draft EIR
$15,684
3. Delivery of acceptable responses to
comments
$8,962
$4,480
4. Certification of Final EIR
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.
3pty4-C.wp
November 2, 1993
Exhibit C, Compensation, to Three Party Agmt
Page 2
d-P
Fee for
Phase Said Phase
1. $
2. $
3. $
4. $
) Time and Materials
For performance of the General and Detailed Services of
Consultant as herein required, Applicant shall pay Consultant for
the productive hours of time and material 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.
3pty4-C.wp
November 2, 1993
Exhibit C, Compensation, to Three Party Agmt
Page 3
:<'0
Rate Schedule
Category of Employee
of Consultant
Hourly
Rate
Project Manager
Sr. Engineer/Planner
Engineer/Planner
Sr. Analyst
Analyst
Word Processor
$100
$95
$85
$70
$50
$45
(X) Hourly rates may increase by 6% for services rendered after
March, 1996, if delay in providing services is caused by City or
Applicant.
Materials Separately Paid For by Applicant
Cost or Rate
(
(
(
(
(
(
Materials
Reports
Copies
) Travel
) printing
) Postage
) Delivery
) Long Distance Telephone Charges
) Other Actual Identifiable Direct Costs
Actual
Actual
Actual
Actual
Actual
Actual
Actual
3pty4-C.wp
November 2, 1993
Exhibit C, Compensation, to Three Party Agmt
Page 4
~7
Deposit
(X) Deposit Amount: $44,810
(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.
(X) 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:
3pty4-C.wp
November 2, 1993
Exhibit C, Compensation, to Three Party Agmt
Page 5
J,g /;2-'1
Three Party Agreement
Between
City of Chula Vista,
BRW, Inc., and
MCA Concerts, Inc.
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 Exhib-
it A as "Consultant" ("Consultant") whose business form and
address is indicated .on the attached Exhibit A, and the person
designated on the Attached Exhibit A as "Applicant" ("Applicant")
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 of land
("Property") commonly known as, or generally located as,
described on Exhibit A, Paragraph 1, or has an option or other
entitlement to develop said Property or is negotiating with the
owner for control of the site and has owner's permission to
process entitlements.
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.
Applicant,
Exhibit A,
In order for the City to process the Application of
Work of the general nature and type described in
Paragraph 4, ( "Work") will need to be completed.
2.4.
resources
requested
City does not presently have the
to process the application within
for review by the Applicant.
"inhouse" staff or
the time frame
2.5. This
Applicant shall
Consultant, who
agreement proposes an arrangement by which
retain, and be liable for the costs of retaining,
shall perform the services required of Consultant
3pty4.wp
November 2, 1993
Standard Form Three Party Agreement
Page 1
3D
by this Agreement solely to, and under the direction of, t.he
City.
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 TO AND 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 and/or 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.
3pty4.wp
November 2, 1993
Standard Form Three Party Agreement
Page 2
3J
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
Applicant's billing, or in accordance with the security deposit
provisions of Paragraph 3.3 and Exhibit C, if 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.
3.2.1. Additional Work. If the Applicant, with the
concurrence 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
3pty4.wp
November 2, 1993
Standard Form Three Party Agreement
Page 3
3.2.
Fee may be unilaterally reduced by the City by the amount of time
and materials budgeted by Consultant for the Services deleted.
3.3. Securitv for Payment 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.
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.
within 30 days after of the use
Nothing herein shall invalidate
herein authorized.
Applicant shall be notified
of the Deposit in any manner.
use of the Deposit in the manner
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 in
such amount as City shall reasonably specify, and upon doing so,
Applicant shall, within 30 days pay 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.
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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 categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
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.
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 as an Additional Insured,
and which is primary to any policy which the City may otherwise
carry (II Primary Coverage ") .
4.1.3. Errors and Omissions insurance, in the amount
set forth in Exhibit A, Paragraph 10, unless Errors and Omissions
coverage is included in the General Liability policy.
4.2. Proof of Insurance Coveraae.
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
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November 2, 1993
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General Liability Insurance Policy, Consultant shall deliver a
policy endorsement to the City and Applicant demonstrating same.
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. Notwithstanding the foregoing,
Consultant may prepare a project sheet describing its role and
the project, which City and Applicant hereby agree may be used in
proposals and other marketing material (not commercial
advertising) .
4.4. Communication to Aoolicant.
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.
5. Non-Comoensation Duties of the Aoolicant.
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 Applicant, 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. Prooertv 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.
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5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant
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 Applicant may request such meetings
as they desire with the Consultant to ensure the adequacy of
services performed by Consultant.
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 Desianated 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.
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.
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.
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November 2, 1993
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31.0
7.4. Promise Not to Acauire Conflictinq 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. Dutv to Advise of Conflictinq 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. Soecific Warranties Aqainst Economic Interests.
Consultant,warrants and represents that to its best
knowledge, 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.
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.
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
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November 2, 1993
Standard Form Three Party Agreement
Page 8
37
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 Riqht to Terminate PaYment 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.
and shall
work.
Applicant shall have no right to terminate Consultant,
not exercise any control or direction over Consultant's
10. Administrative Claims Reauirement 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 if set
fully set forth herein.
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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
negligence or 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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November 2, 1993
Standard Form Three Party Agreement
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13. Miscellaneous.
13.1. Consultant not authorized to Represent Citv.
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 agreements whatsoever.
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 Subseauent 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 Aqreement.
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. Capacitv 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. Governinq 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
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November 2, 1993
Standard Form Three Party Agreement
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w
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.
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. Severabilitv.
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. Headinqs.
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.
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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. 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.
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November 2, 1993
Standard Form Three Party Agreement
Page 13
~~
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:
Approved as to Form:
Shirley Horton
Mayor
Bruce M. Boogaard
City Attorney
Dated:
by:
Dated:
l~U~~I1..c...c. q~f~
Applicant:
MeA Concerts. Inc.
by:
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November 2, 1993
Standard Form Three Party Agreement
Page 14
4-3
Exhibit A
Reference Date of Agreement: March 15, 1994
Effective Date of Agreement:
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant:
BRW, Inc.,
Business
( )
( )
(X)
Form of Consultant:
Sole Proprietorship
Partnership
Corporation
Address:
620 C Street, Suite 300
San Diego, CA 92101
Applicant: MCA Concerts, Inc.,
Business
( )
( )
(X)
Form of Applicant:
Sole Proprietorship
Partnership
Corporation
Address:
100 Universal City Plaza, Universal City, CA 91680
1. Property (Commonly known address or General Description) :
The project site is known as the improved portion (Phase 1) of
the Otay Rio Business Park, located west of Otay Valley road in
the southeastern corner of the City.
2. proj ect Description (" proj ect") :
The proposed project involves construction of a 20,000 person
capacity outdoor amphitheater, consisting of approximately 6 -
7,000 fixed seats and a grass berm to provide lawn seating for 13
- 14,000 patrons. The complex is proposed to include permanent
concession, restroom and box office buildings and will require
parking for approximately 6,500 cars.
3. Entitlements applied for:
Conditional Use Permit
Design Review
Lot Consolidation
Noise Ordinance Amendment
Street Vacation
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November 2, 1993
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4. . General Nature of Consulting services ("Services--General"):
Preparation of a Draft (Deliverable No.1) and Final (Deliverable
No.2) Traffic Report as outlined in Paragraph 5 as Detailed
Scope of Work.
5. Detailed Scope of Work ("Detailed Services") :
The traffic and circulation study for the Project will consist of
the following transportation planning and traffic engineering
tasks:
Project initiation and Project scope confirmation
Review previous reporty and determine supplemental traffic
needs
Collect supplemental data
Document existing circulation conditions
p, c.rm project trip generation, distribution and assignment
Focast interim and buildout traffic volumes
Perform future condition analyses
Perform site access and on-site circulation/parking analyses
Assess potential neighborhood impacts
Document project impacts
D,~'op and evaluate mitigation alternatives
Pr~pare Draft and Final Reports
Attend Project meetings (up to 24 hours total meeting time),
presentations (up to 16 hours total meeting time) and
workshops (up to 12 hours total meeting time)
6. Schedule, Milestone, Time-Limitations within which to Perform
Services.
Date for Commencement of Consultant Services:
(xl Same as Effective Date of Agreement
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November 2, 1993
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Dates or Time Limits for Delivery of Deliverables:
Deliverable No. l: Draft Traffic Report - within 4
weeks of effective date of this
Agreement
Deliverable No.2: Final Traffic Report - within 6
weeks of effective date of this
Agreement .
7.
Documents to be
(x) site plans
elevations (X)
( ) other:
provided by Applicant to Consultant:
(X) grading plans (X) architectural
project description.
8. Contract Administrators.
C~~y: Joe Monaco, Environmental Projects Manager
Applicant: MCA Concerts, Inc.
Consultant: Dan Marum, BRW, Inc.
9. Statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(X) Not Applicable. Not an FPPC Filer.
Category No.1.
Investments and sources of income.
( ,
Category No.2.
Interests in real property.
Category No.3.
Investments, interest in real
property and sources of income
subject to the regulatory, permit
or licensing authority of the
department.
( )
Category No.4.
Investments in business entities
and sources of income which engage
in land development, construction
or the acquisition or sale of real
property.
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November 2, 1993
Standard Form Three Party Agreement
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lfl.o
() Category No.5.
() Category NO.6.
() Category No.7.
10. Insurance Requirements:
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.
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) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
(X) Errors and Omissions insurance: None Required
(included in Commercial General Liability coverage) .
() Errors and omissions insurance: $250,000 (not included
in Commercial General Liability coverage) .
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November 2, 1993
Standard Form Three Party Agreement
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Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the
processing of requests for proposals, draft and final EIR's, and
all other necessary environmental documents as outlined in
Exhibit "A" including a mitigation monitoring program, and
WHEREAS, the City Council waived the consultant selection
process to expedite the processing of the EIR, and
WHEREAS, the City Manager appointed a selection committee
which has in accordance with Section 2.56.230 of the Chula Vista
Municipal Code, recommended the above noted Consultant to perform
the required services for the City, and
WHEREAS, the Environmental Review Coordinator has negotiated-
the details of this agreement in accordance with procedures set
forth in Sections 2.56.220-224 of the Chula Vista Municipal Code
and Sections 6.5.2 and 6.6 of the Environmental Review
Procedures.
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November 2, 1993
Exhibit C, Compensation, to Three Party Agmt
Page 5
1f~
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
(X) Single Fixed Fee Arrangement.
For 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: $49,556
Milestone or Event
Amount or Percent
of Fixed Fee
1. Signing of this agreement by all
parties and upon the request of the
contractor.
$17,345
2. Delivery of acceptable Draft Report
$17,345
$9,911
$4,955
3. Delivery of acceptable Final Report
4. Certification of Final EIR
( ) 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.
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November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 6
Lf1
.
.
Fee for
Phase Said Phase
1- $
2. $
3. $
4. $
( ) Time and Materials
For performance of the General and Detailed Services of
Consultant as herein required, Applicant shall pay Consultant for
the productive hours of time and material 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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November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 7
50
:
Rate Schedule
Category of Employee
of Consultant
Hourly
Rate
Principal
Vice President
Senior Associate
Associate
Senior Consultant
Consultant II
Consultant I
Staff Level V
Staff Level IV
Staff Level III
Staff Level II
Staff Level I
$120
$115
$100
$95
$80
$60
$50
$62.50
$52.50
$42.50
$35
$27.50
(X) Hourly rates may increase by 6% for services rendered after
March, 1996, if delay in providing services is caused by City or
Applicant.
Materials Separately Paid For by Applicant
Cost or Rate
(
) Materials
Reports
Copies
Travel
Printing
Postage
Delivery
Long Distance Telephone Charges
Other Actual Identifiable Direct Costs
Actual
(
(
(
(
(
(
Actual
Actual
Actual
Actual
Actual
Actual
Deposit
(X) Deposit Amount: $$49,556
(X) Use of Deposit to Pay Consulta~t.
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
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November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 8
61
.
.
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.
----------------------------------
( X) 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:
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November 2, 1993
Exhibit A, Standard Form Three Party Agreement
Page 9
6J
Three Party Agreement
Between
City of Chula Vista,
Pacific Southwest Biological Services, and
MCA Concerts, Inc.
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 Exhib-
it A as "Consultant" ("Consultant") whose business form and
address is indicated on the attached Exhibit A, and the person
designated on the Attached Exhibit A as "Applicant" ("Applicant")
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 of land
("Property") commonly known as, or generally located as,
described on Exhibit A, Paragraph 1, or has an option or other
entitlement to develop said Property or is negotiating with the
owner for control of the site and has owner's permission to
process entitlements.
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.
Applicant,
Exhibit A,
In order for the City to process the Application of
Work of the general nature and type described in
Paragraph 4, ( "Work") will need to be completed.
2.4.
resources
requested
City does not presently have the
to process the application within
for review by the Applicant.
"inhouse" staff or
the time frame
2.5. This
Applicant shall
Consultant, who
agreement proposes an arrangement by which
retain, and be liable for the costs of retaining,
shall perform the services required of Consultant
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by this Agreement solely to, and under the direction of, the
City.
2.6. Additional facts and circumstances regarding the
background for this agreement are set forth on Exhibit Bi
3 . Agreement _
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE
CITY, CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Emplovment 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 and/or 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.
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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 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.
3.2.1. Additional Work. If the Applicant, with the
concurrence 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
determ~nes 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
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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 Payment of Compensation by 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.
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.
within 30 days after of the use
Nothing herein shall invalidate
herein authorized.
Applicant shall be notified
of the Deposit in any manner.
use of the Deposit in the manner
3.3.1.1.5. At such time as City shall
reasonably determine that inauequate funds remain on Deposit to
secure future compensation likely due Consultant or City, City
may make demand of Applicant to supplement said Deposit Amount in
such amount as City shall reasonably specify, and upon doing so,
Applicant shall, within 30 days pay 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.
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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 categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the City:
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.
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 Coverage") .
4.1.3. Errors and Omissions insurance, in the amount
set forth in Exhibit A, Paragraph 10, unless Errors and Omissions
coverage is included in the General Liability policy.
4.2. Proof of Insurance Coveraqe.
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
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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.
4.3. 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.
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.
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.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant
except in the presence of the City, or by writing an exact copy
of which is simultaneously provided to City, except with the
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November 2, 1993
Standard Form Three Party Agreement
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~
express consent of City. The Applicant may request such meetings
as they desire with the Consultant to ensure the adequacy of
services performed by Consultant.
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 Desianated 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.
7.2. Decline to Particioate.
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.
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 Acauire Conflictina 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
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November 2, 1993
Standard Form Three Party Agreement
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50
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
7.5. Dutv to Advise of Conflictinq 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. Soecific Warranties Aqainst 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
(" prohibi ted 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.
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.
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.
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9. City's Riqht to Terminate Payment 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.S.
and shall
work.
Applicant shall have no right to terminate Consultant,
not exercise any control or direction over Consultant's
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 if set
fully set forth herein.
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11. Hold Harmless and Indemnification
11.1. Consultant to Indemnifv 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 conduct 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. Aoolicant to Indemnifv Citv re Comoensation 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 ReDresent 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 agreements whatsoever.
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 Subseauent 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 Aqreement.
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. Caoacitv 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. Governinq 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
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November 2, 1993
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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.
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. Counteroarts.
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. Headinas.
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.
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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. 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.
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Signature Page
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:
Approved as to Form:
Shirley Horton
Mayor
Bruce M. Boogaard
City Attorney
Dated:
Consultant:
Pacific Southwest Biological Services
b~~~~
Dated:
Applicant:
MCA Concerts, Inc.
by:
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{plo
Exhibit A
Reference Date of Agreement: March 15, 1995
Effective Date of Agreement:
City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant:
Pacific Southwest Biological Services,
Business
i )
( )
(X)
Form of Consultant:
Sole Proprietorship
Partnership
Corporation
Address:
132 W. 24th Street, P.O. Box 985, National City,
CA, 91951
Applicant: MCA Concerts, Inc.,
Bus-=-n'--~ss
)
)
(X)
Form of Applicant:
Sole Proprietorship
Partnership
Corporation
Address:
100 Universal City Plaza, Universal City, CA 91608
1. Property (Commonly known address or General Description) :
The project site is known as the improved portion (Phase 1) of
the Otay Rio Business Park, located west of Otay Valley road in
the southeastern corner of the City.
2. projec'- Description ("Project"):
The proposed project involves construction of a 20,000 person
capacity outdoor amphitheater, consisting of approximately 6 -
7,000 fixed seats and a grass berm to provide lawn seating for 13
- 14,000 patrons. The complex is proposed to include permanent
concession, restroom and box office buildings and will require
parking for approximately 6,500 cars.
3. Entitlements applied for:
Condition3l Use Permit
Design Review
Lot Consolidation Map
Noise Ordinance Amendment
Street Vacation
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4. General Nature of Consulting Services ("Services--General"):
Perform biological surveys and evaluate biological impacts of the
Project on biological resources in the project area. Provide a
draft (Deliverable No.1) and final (Deliverable No.2) biologic
resources report on Project impacts.
5. Detailed Scope of Work ("Detailed Services") :
Consultant shall review previous biological studies performed on
the site and conduct a supplemental survey of resources.
Consultant shall review noise data collected by applicant and
analyze potential impacts to riparian wildlife resources,
including the least Bell's Vireo. Consultant shall prepare a
report detailing the findings of the analyses for use in the
Environmental Impact Report. Consultant shall also attend
meetings and public hearings up to a total of 8 hours.
6. Schedule, Milestone, Time-Limitations within which to Perform
Services.
Date for Commencement of Consultant Services:
(X) Same as Effective Date of 'Agreement
Dates or Time Limits for Delivery of Deliverables:
Deliverable NO.1: draft report - within 3 weeks of
effective date of this Agreement
Deliverable No.2: final report ~ within 5 weeks of
effective date of this Agreement
7. Documents to be provided by Applicant to Consultant:
(X) site plans (X) grading plans (X) architectural
elevations (X) project description.
(X) other:
Operational Noise Study
8. Contract Administrators.
City: Joe Monaco, Environmental Projects Manager
Applicant:
MCA Concerts, Inc.
Consultant:
Mitch Beauchamp, Pacific Southwest Biological
services
.'
,.
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Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the
processing of requests for proposals, draft and final ErR's, and
all other necessary environmental documents as outlined in
Exhibit "An including a mitigation monitoring program, and
WHEREAS, the City Council waived the consultant selection
process to expedite the processing of the EIR, and
WHEREAS, the City Manager appointed a selection committee
which has in accordance with Section 2.56.230 of the Chula Vista
Municipal Code, recommended the above noted Consultant to perform
the required services for the City, and
WHEREAS, the Environmental Review Coordinator has negotiated
the details of this agreement in accordance with procedures set
forth in Sections 2.56.220-224 of the Chula Vista Municipal Code
and Sections 6.5.2 and 6.6 of the Environmental Review
Procedures.
3pty4.wp
November 2, 1993
Standard Form Three Party Agreement
Page 1
0q
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
(X) Single Fixed Fee Arrangement.
For 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: $5,111
Milestone or Event
Amount or Percent
of Fixed Fee
1. Signing of this agreement by all
parties and upon the request of the
contractor.
$1,789
2. Completion of acceptable draft report
$1,789
3. Completion of acceptable final report
$1,022
4. Certification of Final EIR
$511
( ) 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.
3pty4-C.wp
November 2, 1993
Exhibit C, Compensation, to Three Party Agmt
Page 2
7()
Fee for
Phase Said Phase
1. $
2. $
3. $
4. $
( ) Time and Materials
For performance of the General and Detailed Services of
Consultant as herein required, Applicant shall pay Consultant for
the productive hours of time and material 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.
3pty4-C.wp
November 2, 1993
Exhibit C, Compensation, to Three Party Agmt
Page 3
7/
Rate Schedule
Category of Employee
of Consultant
Hourly
Rate
Project Principal
Lead Biologist
Project Coordinator
Staff Biologist
Biological Tech.
Graphics
Clerical/Technical
$95
$60
$60
$60
$45
$42
$42
(X) Hourly rates may increase by 6% for services rendered after
March, 1996, if delay in providing services is caused by City or
Applicant.
Materials Separately Paid For by Applicant
Cost or Rate
(
Materials
Reports
Copies
) Travel
) Printing
) Postage
) Delivery
) Long Distance Telephone Charges
) Other Actual Identifiable Direct Costs
Actual
(
(
(
(
(
(
Actual
Actual
Actual
Actual
Actual
Actual
3pty4-C.wp
November 2, 1993
Exhibit C, Compensation, to Three Party Agmt
Page 4
7;)
-----------------------------------
Deposit
(X) Deposit Amount: $5,lll
(Xl 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.
----------------------------------
( X) 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:
3pty4-C.wp
November 2, 1993
Exhibit C, Compensation, to Three Party Agmt
Page 5
73/7+
COUNCIL AGENDA STATEMENT
Item ~
Meeting Date 6/6/95
ITEM TITLE: Resolution \"\ q \5 authorizing City Engineer to issue Encroachment
Permit No. PE-341 for Shell Oil for gas station at 501 Telegraph Canyon
Road
SUBMITTED BY: Director of Public Work~J)P~
REVIEWED BY: City Manager-.J~ ~~\ (4/5 Vote: Yes_ NoX)
Shell Oil Company has applied for an encrbachment permit to maintain two yard lights and one
monument-type sign. Shell has recently dedicated the area in which these facilities are located
for street right-of-way. This type of encroachment may only be issued by the City Engineer
after being authorized by Council resolution.
RECOMMENDATION: That Council adopt the subject resolution authorizing the City Engineer
to issue Encroachment Permit No. PE-341 and directing the City Clerk to record said resolution
and permit.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
The Shell Oil Company recently submitted plans to build a car wash at the rear of its building
and to perform some interior tenant improvements at 501 Telegraph Canyon Road. As the plans
were processed through this department, it was noted that the portion of Telegraph Canyon Road
along the frontage of this property and the property to the west between Halecrest Drive and the
I-80S on-ramp (ARCO gas station) has not been widened to the same width as the roadway
immediately to the east. Presently, the entire curb line to the east of these sites has been located
northerly approximately seven feet to provide a bicycle lane.
The construction of the car wash facility, in itself, was not considered sufficient nexus for
requiring Shell Oil to reconstruct the existing improvements to widen the street under the
guidelines of Council Policy No. 563-02, Section B (2) (see Exhibit "A"). As specified by this
section of the policy, the cost of reconstruction of the existing street improvements is greater
than 50 % of the value of the on-site work. However, we have required the dedication of seven
feet of additional right-of-way along the frontage. The dedication has been executed by the
owner, and now the existing two yard lights and monument-type sign fall within that right-of-
way and accommodate the traffic volume passing through this area.
There are currently no plans to widen this portion of Telegraph Canyon Road. However, when
such widening does occur, Shell will be required to remove the encroachments at its expense.
Physically, nothing has changed; only the location of property line (see Exhibit "B"). There
~ -J
Page 2, Item 9
Meeting Date 6/6/95
have been no complaints regarding the location of the facilities. Therefore, until the widening
takes place, there is no problem with the facilities remaining in place. Issuance of the
encroachment permit will provide the City with a recorded agreement by which the property
owner agrees to maintain all facilities and is to remove them upon written notice when widening
occurs.
FISCAL IMPACT: The permit application fee has been paid in accordance with the Master Fee
Schedule and the inspection fee will be paid upon issuance of the permit. All ongoing
maintenance costs will be shouldered by the permittee.
Attachments: Exhibit "A" - Council Policy 563-02
Exhibit "B" - Locator Plat
Exhibit "C" - Draft Encroachment Permit
1WH
File No. PE-341
[M:\.. .AGENDA\TCRENCH.JWH]
~-~
-
RESOLUTION No.Jlql~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING CITY ENGINEER TO ISSUE
ENCROACHMENT PERMIT NO. PE-341 FOR SHELL OIL
FOR GAS STATION AT 501 TELEGRAPH CANYON ROAD
WHEREAS, Shell oil Company has applied for an
encroachment permit to maintain two yard lights and one monument-
type sign and has recently dedicated the area in which these
facilities are located for street right-of-way; and
WHEREAS, this type of encroachment may only be issued by
the City Engineer after being authorized by Council resolution.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby authorize the City Engineer to
issue Encroachment Permit No. PE-341 for Shell oil for gas station
at 501 Telegraph Canyon Road.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to record this resolution and permit in the Office of the
San Diego county Recorder.
Presented by
, City
John P. Lippitt, Director of
Public Works
C:\rs\PE341
<t-3 I ~-tt
COUNCIL POLICY
CITY OF CHULA VISTA
POUCY EFFECTIVE PAGE
SUBJECT: NUMBER DATE NUMBER
On-site improvement activity to
trigger installation of public 563-02 2/23/93 Page 1 of 3
improvements
ADOPTED BY: Resolution No. 16994 DATED: 2/23/93
BACKGROUND
Section 12.24.020 of the Municipal Code designates the dollar value of a building permit which
triggers the need to install public improvements. In addition, Section 12.24.010 states, "The
nature and extent of the dedication or improvements required pursuant to this chapter shall be
limited to the danger that the proposed development or construction will tend to create, add or
impose a burden upon the public rights-of-way of the City." There are no guidelines as to what
constitutes a danger or what may impose a burden upon the public rights-of-way.
PURPOSE
It is the purpose of this policy to provide more defmed guidelines for staff to determine when
to add the requirement to dedicate right-of-way and/or install/alter public improvements in the
rights-of-way adjoining a property under development or redevelopment.
POUCY
No building permit shall be issued unless the applicant shall first:
A. Sinl!le Familv Residential Prooertv:
1. The owner shall only be required to: a) dedicate needed right-of-way and; b)
enter into an agreement with the City to not protest the formation of a Block Act
or similar proceeding to cause the improvements to be installed in the following
circumstances:
a. The work being performed is remodeling with no square footage added to
the structure, the building permit valuation exceeds the amount specified
in C.V.M.C., Section 12.20.020 and lack of public improvements is not
known to create a danger to the general public.
EXH I BIT ''/\'
cg-5.
POLICY EFFECTIVE PAGE
SUBJECT: NUMBER DATE NUMBER
On-site improvement activity to
trigger installation of public 563-02 2/23/93 Page 2 of 3
improvements
ADOPTED BY: Resolution No. 16994 DATED: 2/23/93
b. The work being performed adds square footage that is not providing a new
bedroom, the building permit valuation exceeds the amount specified in
C.V.M.C., Section 12.20.020 and lack of public improvements is not
known to create a danger to the general public.
c. Where improvements are in place and a traffic study or the City Engineer
determines that the widening of the street to meet current standards is not
warranted.
2. The owner shall dedicate of right-of-way and construct public improvements in
the following circumstances:
a. In any case where a building is constructed or moved onto a site.
b. The on-site work being performed includes adding a bedroom and the total
valuation of the building permit exceeds the amount specified in
C.V.M.C., Section 12.20.020.
c. The on-site work being performed increases the size of the house more
than 25 % and the building permit valuation exceeds the amount specified
in C.V.M.C., Section 12.20.020.
d. Where a known danger exists that can be corrected by the installation of
the public improvements if the building permit valuation exceeds the
amount specified in C.V.M.C., Section 12.20.020, no matter what type
of work is being done on-site.
e. The public improvements are in place across the frontage and a traffic
study indicates a need to widen or modify the street.and the building
permit valuation exceeds the amount specified in C.V.M.C., Section
12.20.020.
3. The cost of the public improvements shall be limited to 25 % of the building
permit valuation.
I
~~LP
POUCY EFFECTIVE PAGE
SUBJECT: NUMBER DATE NUMBER
On-site improvement activity to
trigger installation of public 563-02 2/23/93 Page 3 of 3
improvements
ADOPTED BY: Resolution No. 16994 DATED: 2/23/93
B. COMMERCIAL. INDUSTRIAL AND MULTI-FAMILY RESIDENTIAL:
1. The owners of these types of developments shall be required to dedicate needed
public right-of-way and install all required public improvements on or adjacent
to owners' property, whenever the building permit valuation exceeds the amount
specified in C. V .M.C., Section 12.20.020, except in the following circumstances:
a. The on-site work involves only exterior, cosmetic improvements which are
intended to improve the appearance of the building and the building permit
valuation exceeds the amount specified in C.V.M.C., Section 12.20.020.
b. The on-site work involves tenant or lessee improvements with no change
in use andlor no additional floor space and the building permit valuation
for said on-site work exceeds the amount specified in C.V.M.C., Section
12.20.020.
In the above-mentioned exceptions, the owner shall, never the less, dedicate
needed right-of-way and enter into an agreement with the City to not protest the
formation of a Block Act or similar proceeding to cause the improvements to be
installed.
2. In circumstances where public improvements are in place, but do not meet current
adopted street standards, or as called out in the Circulation Element of the City's
General Plan or any Specific Plan adopted by the City. and the building permit
valuation exceeds the amount specified in C.V.M.C., Section 12.20.020, the
reconstruction of street improvements, including widening, will be required when
the valuation of said reconstruction of the improvements is 50% or less than that
of the on-site work. The owner sha1l dedicate any additional right-of-way needed
for such reconstruction or widening.
3. Construction of any new building, including a "move-on" building, sha1l trigger
the requirement to install missing public improvements, whether it be mu1ti-
residential, commercial or industrial property.
~-1
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, FILE NO. P/i.341
DATE: ? Iz<:>1 q5 .
EXHIBIT "B"
OWN BY: J JJ
~~~
Recording requested by and
please return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista, CA 91912
[ X] This document benefits
pennittee. Recording
fee required.
(This space for Recorder's use, only)
APN:
AUTHORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY
Permit No. PE-341
Application Pee:
Receipt No.:
Inspection Pee:
Receipt No.:
$250.00
$
Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, pennission is hereby granted by the City of Chula
Vista (hereinafter "CITY") to: SHELL OIL COMPANY. a Delaware cornoration (hereinafter "PERMITTEE")
to do work within a portion of right of way belonging to the City of Chula Vista.
All terms and conditions of this permit as to the PERMITTEE shall be a burden upon pennittee's land and shall
run with the land. All conditions apply to PERMITTEE and all his/her/their heirs, assigns, successors or
transferees.
Whereas, the PERMITTEE has requested the permission from CITY to encroach on CITY's right of way adjacent
to and for the direct benefit of the following described property:
ADDRESS: 501 TELEGRAPH CANYON ROAD
LEGAL DESCRIPTION: That portion of Quarter Section 88 of Rancho de la Nacion, in the City of Chula Vista,
County of San Diego, State of California, according to Map thereof No. 166, filed in the office of the County
Recorder of said County, further described as follows:
Beginning at the point of intersection of the easterly line of Halecrest Drive as shown on Halecrest Estates, Unit
A, according to Map thereof No. 4339, filed in the office of said County Recorder, with the northerly line of
Telegraph Canyon Road; thence along said northerly line, easterly along the arc of a 3,250-foot-radius curve,
concave southerly, a distance of 49.60 feet; thence tangent to said curve S 73' 51' 30" E, 80.10 feet; thence at right
angle, N 16' 08' 30" E, 125.00 feet; thence N 73' 51' 30" W, 150.00 feet to a point in said easterly line of
Halecrest Drive; thence along said easterly line, S 16' 08' 30" W, 105.38 feet to the beginning of a tangent 20-foot-
radius curve concave northeasterly; thence along the arc of said curve through an angle of 90' 52' 28" a distance
of 31. 72 feet to the point of beginning
PERMISSION IS HEREBY GRANTED to do the following work: Maintain monument sign and two yard lights
within City right-of-way in accordance with the attached sketch.
~-q
Page 1
Now, therefore, in consideration of their mutual promises, and other good and valuable consideration, the parties
hereto agree as follows:
Permission is hereby granted PERMITTEE to install the above-mentioned encroachment on the real property of
CITY described above in accordance with the following conditions:
I. The encroachment shall be installed and maintained in a safe and sanitary manner as determined by CITY.
2. Said installation shall, in no way interfere with any existing utility, including but not limited to storm drain
lines owned and maintained by CITY. Any changes of or to any utility due to the installation by
PERMITTEE of private facilities shall be at the sole expense of PERMITTEE.
3. Maintenance, removal or relocation of the abovementioned installation of the private facilities shall be the
sole responsibility of PERMITTEE, and/or PERMITTEE's lessee, should there be any, at no expense to
CITY.
4. Said installatiou shall conform to all standards and specifications as stated in the Chula Vista Municipal
Code, and include, but not limited to all the following:
A.
5. PERMITTEE shall apply an anti-graffiti material to the encroaching object of a type and nature that is
acceptable to the Director of Public Works.
6. PERMITTEE shall immediately remove any graffiti from the encroaching object.
7. CITY shall have the right to remove graffiti or paint the encroaching object, the paint being provided by
PERMITTEE.
This permit is revocable upon thirty (30) days writteu notice to the permittee, and upon such notice, the installation
must be removed or relocated, as and when specified by CITY, at PERMITTEE's cost. If PERMITTEE fails to
remove or relocate the encroachment within the period allotted, CITY may cause such work to be done and the cost
thereof shall be imposed as a lien npon PERMITTEE's property.
PERMITTEE 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 withont limitation
attorneys' fees) arising ont of the conduct of the PERMITTEE, or any agent or employee, subcontractors, or others
in connection with the execution of the work covered by this Agreement, except ouly for those claims arising from
the sole negligence or sole willful conduct of the City, its officers, or employees. PERMITTEE's indemnification
shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or
employees in defending against such claims, whether the same proceed to judgment or not. Further, PERMITTEE
at its own expense shall, upon written request by the City, defend any such suit or action brought against the City,
its officers, agents, or employees. PERMITTEEs' indemnification of City shall not be limited by any prior or
subseqnent declaration by the PERMITTEE.
PERMITTEE hereby agrees to and shall defend CITY, its elective and appointive boards, officers, agents and
employees against any claim, and in any suit or proceeding, at law or in equity, for damages caused, or alleged to
have been caused, by actions taken or alleged to have been taken under this permit by PERMITTEE directly or by
his/her/their agent(s), contractor(s), or agents or employees of same. PERMITTEE further agrees to and shall
indemnify and hold harmless CITY, its elective and appointive boards, officers, agents and employees, as
indemnitees, for any claim, suit or proceeding submitted. brought or instituted against CITY as a result of actions
taken, or alleged to have been taken, under this permit, including, but not limited to, any asserted liability for loss
of or damage to property or for personal injury, including death.
<6 -}t>
Page 2
The undersigned PERMITTEE hereby accepts the foregoing encroachment permit upon the terms and conditions
stated herein and agrees to comply with all stated terms and conditions and with all applicable laws, including any
applicable provision of the Chula Vista Municipal Code. It is further agreed that if any part of PERMITTEE's
encroachment or PERMITTEE's rights under this encroachment permit should interfere with the future use of the
CITY's right of way by the general public, it must be removed or relocated at PERMITTEE's expense and such
right shall be terminated as and when indicated by CITY.
In the event of a dispute arising as to the terms or interpretation of this permit, the City Engineer shall resolve said
dispute in his sole and unfettered discretion, reasonably applied.
CITY OF CHULA VISTA:
Pennit approved by:
Date:
Clifford L. Swanson, Deputy Public Works Director/
City Engineer
(City Clerk to attach acknowledgment to next page.)
PROPERTY OWNERIS):
Date:
Date:
(Notary to attach acknowledgment to next page.)
Approved as to fonn:
Bruce M. Boogaard, City Attorney
'i-\)
Page 3
NOTE:
Permittee is to submit a check or money order payable to County of San Diego in
the amount of $ for recordation of this permit.
~_)~ Page4
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item~
Meeting Date 6/6/95
Resolution \1 Gl\l,p Authorizing the Expenditure of Utility
Allocation Funds to subsidize Private Service Lateral Conversions
serving Non-Single Family Residential Properties within the Fourth
Avenue Utility Undergrounding District #122 between State Highway 54
and "E" Street
SUBMITTED BY: Director of Public Work
REVIEWED BY: City Manager J~
(4/5ths Vote: Yes_Noll
On December 15, 1992, the City Council approved Resolution 16934 amending City Council
Policy #585-01 by expanding the use of SDG&E utility funds to reimburse all properties for
the cost of undergrounding of private service laterals (Exhibit C). Prior to the amendment, the
Policy allowed reimbursement to single family residential properties only. Resolution 16934
provided that the Policy amendment would be applicable to all future districts and to all the
utility undergrounding districts that were formed in calendar year 1992.
On June 30, 1992, prior to adoption of that policy amendment, the City Council approved
Resolution 16683 forming Utility Undergrounding District #122 (Exhibit B) and approving the
reimbursement of $11,400 in Utility Allocation funds to the owners of 8 single family
properties. A total of 21 properties require private conversion, and approval of this resolution
will allow the City to reimburse the costs of conversion to the owners of the remaining 13
properties (See Exhibit A for a list of said properties).
RECOMMENDATION: That Council approve the resolution authorizing the expenditure of
utility allocation funds to subsidize private service lateral conversions serving non-single family
residential properties within the Fourth Avenue Utility Undergrounding District #122 between
State Highway 54 and "E" Street.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This utility undergrounding district consists of two separate undergrounding projects. One
concerns the transmission lines (69KV and over) between SR 54 and Flower Street and the
other concerns the distribution lines (4KV & 12KV) that provide service to the customers
through the entire length of the district. Trench work for conversion of the transmission lines
has been completed and the cable will soon be placed in the underground conduits. Trench
work for conversion of the distribution lines will be completed shortly.
0.. -\
Page 2, Item~
Meeting Date 6/6/95
Also, at the north end of the district, in front of the Dixieline store, several eXlstmg power
poles are located where the Walmart development must widen Fourth Avenue prior to opening
the store for business. If the conversion is not completed in time to remove the poles for the
widening project, a temporary "up-pole" will be placed in front of the Target store to enable
those poles that are in the way to be removed before the entire conversion project is completed.
The Walmart developer is expected to pay for the temporary pole.
A total of 13 non-single family residential properties are located within the Fourth Avenue
Utility Underground District. This resolution will approve a reimbursement of $17,250 to the
owners of those 13 properties in addition to the previously approved reimbursement of
$11,400 to the 8 single family property owners, all of whom are required to cause private
conversion work to be done. This private conversion work is necessary to convert the
overhead services to underground. SDG&E will contribute $30 per linear foot for the
trenching and backfill cost on each of the eligible properties. This amount should cover all the
trenching costs as well as other conversion costs for the meter boxes.
The Utility Undergrounding Advisory Committee (UUAC), consisting of City Staff and Utility
Company Representatives, will meet on June 14, 1995 to determine the Customer Ready Date
and the Pole Removal date. These are the dates when all 21 properties are required to have
their conversion work completed and be ready to receive underground service and when all
poles should be removed.
FISCAL IMPACT: The cost to subsidize 13 non-single family residential properties within
the Fourth Avenue Utility Underground District is $17,250. SDG&E's allocated funds (Rule
20-A) will be used to cover this reimbursement amount.
Attachments: Exhibit A, List of 13 Non-Single Family Properties to be Reimbursed
Exhibit B, Boundary Map of Utility Undergrounding District No. 122
Exhibit C, Resolution No. 16934, Amending City Council Policy # 585-01
SMN: 081O-20-UUD-122, KY.078, AY-087
(m:\home\engineer\agenda\uudist2.smn)
C\.-~
RESOLUTION NO. /1 ot I "='
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE EXPENDITURE OF
UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE
SERVICE LATERAL CONVERSIONS SERVING NON-SINGLE
FAMILY RESIDENTIAL PROPERTIES WITHIN THE
FOURTH AVENUE UTILITY UNDERGROUNDING DISTRICT
#122 BETWEEN STATE HIGHWAY 54 AND "E" STREET
WHEREAS, on December 15, 1992, the City Council approved
Resolution 16934 amending city Council Policy #585-01 by expanding
the use of SDG&E utility funds to reimburse all properties for the
cost of undergrounding of private service laterals; and
WHEREAS, prior to the amendment, the Policy allowed
reimbursement to single family residential properties only; and
WHEREAS, said resolution indicated that the Policy
amendment is applicable to all future districts and to all the
utility undergrounding districts that were formed in calendar year
1992; and
WHEREAS, on June 30, 1992, the City Council approved
Resolution 16683 forming Utility Undergrounding District #122 and
approving the reimbursement of $11,400 in Utility Allocation funds
to 8 single family properties; and
WHEREAS, approval of this resolution will allow the city
to reimburse the remaining 13 properties that require private
conversion within this district.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby authorize the expenditure of
$17,250 of utility allocation funds to subsidize the cost of 13
private service lateral conversions serving non-single family
residential properties within the Fourth Avenue Utility
Undergrounding District #122 between State Highway 54 and "E"
Street as set forth in Exhibit A.
])
Presented by
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
d, City
C:\rs\UUdis122.re~
~'?> 14-Lt
5/12/95
EX H I 8 I I 'A'
FOURIH AYENUE umlTY UNDERGROUNDING OISIRICI NO. 111
T SIRHI 10 SlATE HIGHIAY 54
PARCElS OUAlIFYlNG FOR RE IIBURSE.m AFTER
REVISING COONCII POliCY NO. 5B5 -1
(Assessor's III Info. - 1/16/951
File No. XY-081
PAR
NO. APN
SITE ADDRESS
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
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OW.ER'S 10DRESS
565-110-D3-DO 50 41H AYE.
11 565-220-10-00 1281132 4TH AY.
46 566-010-62-10 11 4TH AYE.
41 566-010-15-00 11119 41H AYE.
51
566-020-01-00 55
4TH AYE.
52
566-020-02-00 59
4TH AYE.
53
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sa 566-190-19-26 151 4TH AYE.-B
69 566-19D-19-21 151 4TH AYE.-C
90 566-190-19-28 151 4TH AYE.-O
91 566-190-19-31 151 41H AYE.-A
92 566-190-19-38 151 41H AYE.-B
93 566-190-19-39 161 41H AYE.-A
94 566-190-19-40 161 4TH AYE.-B
95 566-190-19-41 161 41H AYE.-C
96 566-19D-I9-42 161 41H IYE.-D
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99 566-190-04-00 185 41H AYE.
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216 Fourtl AVI.
Clula Yist., CA. 91910
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161 4th lve. IB
Chule Yi,t., CA 91910
111 4th lve. IC
Chul. Yi,t., CA 9\910
\11 4th Ave. 10
Chul. Yist., CI 9\910
2215 JUln Street
SI. Diego, CA. 92\03
2215 Juan Street
SI. Diego, CI. 92\03
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UTILITY UNDERGROUNDING DISTRICT - NO. 122
FOURTH AVENUE - FROM "E" STREET TO STATE ROUTE 54
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PARCELS RECEIVING REIMBURSEMENTS
AS A RESULT OF REVISING COUNCIL POLICY NO. 585-1
DRAWN BY:
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DATE: 5/5/95
Page 1 of 4
EXHIBIT .C"
RESOLUTION NO. 16934
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA AMENOING COUNCIL POLICY NO. 585-1 BY EXPANDING THE
USE OF UTILITY FUNDS TO REIMBURSE ALL PROPERTIES FOR THE
COST OF UNDERGROUNDING OF PRIVATE SERVICE LATERALS
WHEREAS, Council Policy No. 585-1, adopted by Resolution 11977 on April 2,
1985, addresses the use of utility allocation funds for the underground
conversions of private service laterals; and,
WHEREAS, the current Council Policy limits funding to single family
residential properties; and,
WHEREAS, in response to the complaints of condominium owners, the Council
has directed staff to amend Council Policy 585-1, to examine the possibility of
using utility funds to reimburse all properties for the underground conversion
of private service laterals; and,
WHEREAS, approval of the subject amendment to Council Policy No. 585-1 wi 11
allow the City to reimburse all properties for the cost of private
undergrounding; and,
WHEREAS, the City I S Underground Util ity Advi sory Comittee (UUAC) has
revi ewed the draft pol i cy revi s i on and recomends its approval by the Ci ty
Council.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby amend Council Policy No. 585-1 by expanding the use of utility
funds to reimburse all properties for the cost of undergrounding of private
service laterals as set forth in Exhibit "A", attached hereto and incorporated
herein by reference as if set forth in full.
/
n P. Lippitt
rector of Public Works
. .
Presented by
~-~
Resolution No. 16934
Page 2 of 4
EXHIBIT .e.
COUNCIL POIJCY
C'lY OF aruLA VISTA
SUBJECl':
USE OF lITIIJ1Y FUNDS FOR
UNDERGROUND CONVERSION OF PRNATE
SERVICE LATERALS
POIJCY
NUMBER
585-01
EFFEC'IlVE
DATE
12.15-92
PAGE
1 OF 2
ADOPTED BY: Resolution No. 16934
I DATED:
12.15.92
BACKGROUND
In 1982, the California Public Utilities Commission (CPUC) by Decision 82-01-18 gave the authority to the
local agencies to request electric utilities to expand allocation funds for the convenion of electric lateral
services for each customer in utility allocation funded undergrounding districts. On October 18, 1983, Pacific
Telephone (now Pacific Bell) filed a change in tariff with the CPUC so that communications utilities would
also be in conformance with Decision 82.01-18. Cox Cable lV, is not governed by the CPUC, but chooses to
cooperate with the program by providing conduit and service wires up to 100 feet in length at no cost to the
single family residence.
Decision 82.01-18 provides the ;mechanism to reduce the property owner's cost for the convenion from the
distribution line to the residence. This cost depends on the distance from the property line to the point of
connection with the customer's wiring and varies from customer to customer.
The CPUC decision permits the use of utility funds to provide up to 100 feet of the property owner's service
lateral (trenching and conduit). The net result is a reduction is cost that will benefit the individual property
owner. Under the City Code it is the property owner's responsibility to provide and maintain the underground
supporting structure needed on the property.
PURPOSE
To establish a policy for the use of utility funds for convenion of the customer's service laterals to encourage
property owner acceptance for desirable convenion district projects.
POIJCY
The City Council establisl;les the following policy for the use of utility funds for underground convenion of
private service laterals:
1. General Provisions
A. Funding shall be limited to facilities which customer traditionally supplies/installs. trenching
and conduit from property line to point of connection.
B. Funding shall not exceed the estimated cost of trenching and conduit installation for up to
100 feet of the private service lateral.
'\-q
Resolution No. 16934
Page 3 of 4
EXHIBIT "e.
OOUNCJL POUCY
C1Y OF 0iULA VISTA
SUBJECf:
USE OF unU1Y FUNDS FOR
UNDERGROUND CONVERSION OF PRIVATE
SERVICE LATERALS
POUCY
NUMBER
585-01
I DATED:
I!PFECllVE
DATE
12-15-92
PAGE
2 OF 2
ADOi'TIJ) BY: Resolution No. 16934
2. Imolementatio"1 Procedures
12-15-92
a. The we of utility funds to convert private service laterals shall be recommended by the City's
Utility Undergrounding Advisory Committee (UUAC).
b. UUAC members shall determine the length of lateral (trenching and conduit) that is (1)
eligible for utility funding for each property within the conversion district and (2) the length
of conduit and wire that the appropriate cable company will provide free of charge to each
residential property.
c. UUAC members shall agree on a 'reasonable' cost per linear foot of lateral conversion.
d. UUAC utility member representatives shall agree on the proportional split eath utility is to
bear for conversion of the service laterals.
e. All OWT'ers within the conversion district shall be informed of the utility fund amount
proposed to be reimbursed prior to the public hearing on the conversion district formation.
f. Council shall set the limit for each amount of reimbursement to be applied to each service
lateral by resolution. The amounts shall be those recommended by the UUAC or as amended
by Council pursuant to public hearing deliberations.
g. Utility companies shall pay City the total proportional shares specified in "E' above when:
(1) all the customers have satisfactorily completed their service lateral conversion, and
(2) the electric metering equipment has passed a City inspection certifying it ready to
receive underground service.
h. The City shall then pay the amount of reimbursement due each owner after receipt of funds
from the utility companies.
NOTES:
(1)
The service lateral shall be defined as: trench, backfiIl, and any necessary conduit
from the customer's property line to the underground sweep at the base of the ,
customer's termination facility. In those cases where the service conduit enters the
customer's building, the service lateral will terminate at the point where the conduit
enters the building.
(2) For the purpose of this policy utility is defined as any company providing electric,
telephone communications, cable television and data transmission services.
<=\,-\0
Resolution No. 16934
Page 4 of 4
EXHIBIT .C.
PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista,
California, this 15th day of December, 1992, by the following vote:
YES: Councilmembers: Fox, Horton, Moore
NOES: Co unci 1 members: None
ABSENT: Councilmembers: None
ABSTAIN: Councilmembers: Rindone, Nader
if 1;-
,L)f.p: b<. /-.- ftc 1."-'1
Shi1ey Horton
Mayor,' Pro-Tempore
ATTEST:
STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO) ss.
CITY OF CHULA VISTA )
I. Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby
certify that the fore90in9 Resolution No. 16934 was duly passed, approved, and adopted
by the City Council held on the 15th day of December. 1992.
Executed this 15th day of December, 1992.
q,\\ I q-- \'7
COUNCIL AGENDA STATEMENT
ITEM I ()
MEETING DATE: 6/6/95
ITEM TITLE:
Report on two applications for literacy grant funding:
A. California State Library - California Library Services Act,
Families for Literacv grant funds for FY 1995-96
B. California Department of Education, Adult Basic Education,
Section 321 funding for FY 1995-96
SUBMITTED BY: Library Director ~~J
REVIEWED BY: City Manage0~ ~4~te: Yes _, No ..20
The Chula Vista Public Library has applied to the California State Library for $23,000 in Families
for Literacy grant funds for FY 1995-96 to continue special family literacy services and
programming for adult learners and their young children. If awarded, this will be the fifth year the
Families for Literacy grant has been received by the Chula Vista Literacy Team.
The Library has also applied to the California Department of Education, ABE Section 321 for
$5,840 in funding for FY 1995-96 to improve the quality and responsiveness of programs which
enable adults to acquire basic literacy skills. (This funding is contingent upon availability of
funding from the federal government.) Ifawarded, this will be the fifth year the ABE 321 grant
has been received by the Chula Vista Literacy Team.
RECOMMENDATION: That Council accept the report and ratifY the applications.
BOARD/COMMISSION RECOMMENDATION: On April 26, 1995 the Library Board of
Trustees voted to support the Library applications for these two grants. (ATTACHMENT A)
DISCUSSION
Families for Literacy Grant
The Chula Vista Literacy Team has offered family literacy programming for the past
four years. The Family Reading Program was developed to break the intergenerational cycle of
illiteracy by providing in-service training for volunteer tutors whose learners are parents of young
children, special library programming for those learners and their families and a home collection of
quality children's books and magazines for each participating family. The program will continue
to be directed by a .36 FTE family literacy coordinator, and involves partnerships with South Bay
1t!)~J
ITEM ~() , PAGE TWO
MEETING DATE: 6/6/95
Elementary School District's Even Start Program and with the Parent Education Department of
the Sweetwater Union High School District. This grant also includes a .35 FTE Clerical Aide and
a .02 Bilingual Library Associate.
Adult Basic Education Grant
The Adult Basic Education, Section 321 funding will be used to conduct learner needs assessment
and progress evaluation, and provide staff development training for the Adult Literacy
Coordinator and volunteer tutors. The grant must be spent for supplemental staff development,
assessment and/or networking.
FISCAL IMPACT
If the grants are awarded, $28,840 ($23,000 Families for Literacy and $5,840 Adult Basic
Education) will be received to implement these programs through the Chula Vita Literacy Team
in FY 1995-96. These funds cannot supplant funds for the current volunteer reading or tutor
programs.
//)";L
ATTACHMENT A
Library Board of Trustees
- 3-
April 26, 1995
NEW BUSINESS
ACTION
ACTION
A.
B.
Literacy Team application for ABE 321 grant
Literacy Team application for Families for Literacy funds
Director Palmer reported that information on these grants was mailed to
the Trustees in their packet. The Literacy Team has received both of
these grants for a number of years.
MSUC (Alexander/Clover-Byram) the Library Board supports the Literacy
Team's application for these two grants.
Action C.
Computer Lab Rules
Guidelines have been developed for use of terminals in the Computer Lab to
prevent monopolization and abuse of the equipment. These guidelines apply only
to the terminals running word processing and spreadsheet software and do not
apply to computerized informational resources.
The guidelines, at this time, do not allow patrons to load their own software and
places a two-hour limit on computer usage if someone else has reserved computer
time or if other people are waiting. He stressed that these rules are not intended to
keep people from using the information resources on the CD network in the
library.
MSUC (Viesca/Clover-Byram) the Library Board of Trustees endorses the
computer lab user guidelines dated July 1, 1995.
IV. LIBRARY DIRECTOR'S REPORT
A. Buy a Book Update
Over 100 responses have been received, totalling over $10,000, from this direct
mailing to approximately 650 individuals.
Staff is preparing an action plan for developing a Library foundation and will ask
for the Trustees for their formal endorsement of activity at either the Mayor June
meeting.
)~....3 / Io.-Y~
REVISED 6-2-95
council Agenda statement
Item: 11
Item Title:
.11.o~t:>
Ordinance: AMENDING SECTION 2.28.110 OF THE CHULA
VISTA MUNICIPAL CODE RELATING TO APPOINTMENT OF
MEMBERS TO THE BOARD OF ETHICS
Bruce M. Boogaard, city Attorney~
Meeting Date: June 6, 1995
Submitted by:
Agenda Classification:
(
(X
(
(X
Consent
Action Item
Public Hearing
Other: Board & Commission Report
4j5ths Vote: ( ) Yes (X) No
The ordinance attached as Exhibit A modifies, in the manner
directed by the city Council at their May 23, meeting, the
current method by which Ethics Board members are appointed by
mandating that a neutral intervening person review the list and
qualifications of applicants, select five for in person
interviews, and make a recommendation of a person to the Council
for appointment to the Ethics Board. The attached ordinance will
now require that "recommender" be the Presiding Judge of the
south Bay Municipal Court, his or her designee from among the
judiciary, but if any of them refuses to reviewing the
qualifications and conduct the required interviews, the Council
will select from a qualified list assembled by the city Attorney,
a retired judge to do so.
Recommendation of the city Attornev and Ethics Board:
Adopt the ordinance attached as Exhibit B which contains the
Council directive of May 23, 1995 (the Exhibit A Ordinance),
modified as follows:
1. On the recommendation of the city Attorney, the use of
retired judges to examine qualifications, conduct
interviews, and make recommendations is negated unless
it can be obtained without charge to the City.
2. On the recommendation of the Ethics Board1:
A. Eliminate the need for the complex recommendation
process for second time appointments to the Ethics
Board.
1. Concurred in by the city Attorney.
\ \ ,. \
B. Provide that if fewer than five applicants are
available for appointment, permit the interviews to
consist of as many qualified applicants as are
available, up to five.
C. Provide that if more than one vacancy exists, the
number of required interviews should increase by one
for each additional vacancy.
Boards and Commissions Recommendation:
The Ethics Board, at its meeting of June 1, 1995, reviewed the
Council directive of May 23, 1995, and concurred in the changes
directed by the Council, but in the process of re-examining the
ordinance, saw additional problems which they, by their tender of
the ordinance attached as Exhibit B, suggest may be corrected.
Discussion:
Fundamental policv Issue
In the interests of assuring the Ethics Board members are of
the highest ethical quality and don't use their position for
political purposes in campaigns, should there be an
intervening recommender of appointments to the Ethics Board
selected from among a list of retired judges if the
presiding judge of the local courts, or his or her designee,
refuses. to consider qualifications of Ethics Board
applicants or refuses to conduct interviews of such
applicants, in lieu of the Council making the appointments
without such recommendation, on a 4/5th's vote requirement?
Backqround
At the city Council meeting of May 23, 1995, the City Council
reviewed for introduction Ordinance No. 2630 which, among others,
proposed an amendment to the Ethics Chapter of the Municipal Code
to permit the presiding judge to designate a person ("Recommen-
der") to interview and recommend appointees to the Ethics Board,
but to require that, whoever the "Recommender" is, that said
Recommender conduct in-person interviews.2
At that meeting, an excerpt of the minutes of which are attached,
the City Council indicated that they wanted the ordinance modi-
fied to provide that, if the presiding judge or the judge's
designee refuses to act, that instead of allowing the Council the
direct right to conduct interviews and make appointments without
an intervening "Recommender", as the Ethics Board and city
Attorney originally suggested, the Council should select a
Recommender from a list of retired judges to review applications,
2. A copy of the Al13 and the proposed Ordinance No. 2630 is
attached as Exhibit C for your convenient reference.
\\~~
conduct interviews, and make a recommendation to the Council for
appointment.
The Ordinance attached as Exhibit A is submitted with the
intention of complying with this Council directive.
Ethics Board Concurs in the Council's Chanoe
The Ethics Board has reviewed Exhibit A at its meeting of June 1.
They concurred that the proposal to have a intervening non-
politically involved "recommender" who would be required to
conduct in-person interviews prior to making a recommendation for
appointment to the Ethics Board is consistent with the previously
expressed will of the Ethics Board and unanimously approved the
change.
They wanted to explain that their original alternate
recommendation, as contained in their May 23 Board Letter, was
intended to offer a less complex, more efficient alternate for
making appointments, which was felt appropriate in light of the
fact that the Recommender would only be called upon to tender a
"recommendation" and not an official "appointment", and that the
Council still retains the power to review the recommendation and
not make the appointment.
It was felt by the Ethics Board, based on their prior discus-
sions, that in-person interviews are necessary to weed out
applicants who might try to use the authority of the Ethics Board
for political advantages. The Ethics Board felt that any risk of
an Ethics Board appointee having a "political agenda" could be
sufficiently mitigated by the supermajority Council vote
requirement for the appointment to become effective, giving any
two councilpersons a veto over an appointee they suspected of
having a "political" agenda.
Albeit more complex, the use of retired judges to conduct in
person interviews and make recommendations for appointments on
the basis thereof, without prior Council intervention, clearly
satisfied the Board's intent.
As explained in the Recommendation Section above, the Ethics
Board saw a few unrelated additional problems with the proposed
ordinance on its re-examination, and recommended that they be
corrected. The Ordinance attached as Exhibit B is the full and
complete recommendation of the Ethics Board, and makes the
following changes:
1. The use of retired judges to examine qualifications,
conduct interviews, and make recommendations is negated
unless it can be obtained without charge to the city.
2. Eliminate the need for the complex recommendation
process for second time appointments to the Ethics
Board.
\\~3
3. Provide that if fewer than five applicants are
available for appointment, permit the interviews to
consist of as many qualified applicants as are
available, up to five.
4. Provide that if more than one vacancy exists, the
number of required interviews should increase by one
for each additional vacancy. There will be three
vacancies, two because of term limits, and one because
of an unexpected resignation. When the attached
ordinance goes into effect, 8 qualified applicants, if
available, would have to be selected for in-person
interviews.
Fiscal Impact:
Under either ordinance, there is expected to be some nominal
additional City Attorney time required, if the presiding judge or
designee refuses to conduct the applicant review, in the assembly
of a list of retired judges willing to consent to review
applications and conduct interviews, and in meeting with the
selected retired judge to discuss the procedures with them.
Under the Exhibit A Ordinance, there may also be some
additional expense involved if the retired judge selected
requires compensation for his or her services. Not having
solicited such retired judges yet, it is difficult to determine
if such retired judges will donate their services. They usually
bill for arbitration matters at between $200 to $300 per hour.
Five interviews may take 3 or 4 hours.
Therefore, the city Attorney and Ethics Board recommends
adoption of the ordinance with the modification that the retired
judge recommender alternate be avoided unless it can be obtained
pro bono.
Attachments:
Exhibit A:
Exhibit B:
Exhibit c:
council Directed Ordinance
Ethics Board Suggested Changes to Ordinance
May 23, 1995 A113 and originally proposed
Ordinance
e:\ethicsal.wp
~-y
Exhibit A
Council Directed Changes
ORDINANCE NO. ~\c~C>
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
2.28.110 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
APPOINTMENT OF MEMBERS TO THE BOARD OF ETHICS
SECTION I: That section 2.28.110 of the Chula vista
Municipal Code is hereby amended to read as follows:
2.28.110 Organization.
A. The Board shall be composed of seven members appointed by the
City Council for a term of four years, as prescribed by the
provisions of the City Charter and the Municipal Code of the
city of Chula vista. Prior to exercisina their authoritv to
appoint a person to membership. t~he city Council shall De
rCE{uirca to sUBmit refer for recommendation the list and
aualifications of applicants eaRaidatca to the Presiding Judge
of the South Bay Municipal Court Judicial District or his or
her desianee from amona the iudiciarv. who shall review the
list of applicants and their aualifications. and who should
select not less than 5 for the purpose of conductina in-person
interviews and who shall conduct such interviews. If said
Judae or desianee declines or fails to review such applicants.
or conduct such interviews. or make such recommendations. than
the Council shall appoint a person from a list of retired
iudaes. which list shall be assembled as needed bv the citv
Attornev. to conductll such interviews and make such
recommendations.gl aRa seek the jUd'Jc's reeelftllleRdatioR ....ith
re'Jara te appointmeRts. No such person mav be appointed as a
member. or shall be entitled to retain their membership, if he
or she. within the past ten (10 vears prior to the date of
appointment, has been convicted of a crime involvina moral
turpitude. or has been found to have committed a criminal
violation of the Fair Political Practices Act.
B. The Board shall elect from its membership a chairman and a
vice-chairman. The term of the chairman and vice-chairman
shall be for the period of one year, commencing on July 1 each
year. The chairman shall preside at all meetings. In the
1. Recommended to be inserted, at this point, the word:
", pro bono,"
2. Recommended to insert at this point:
"If such retired judge can not be retained to review the
applicants on a pro bono basis, than the City Council shall be
authorized to review the applicants themselves, select five
for interview, conduct the interviews themselves and make the
appointment without any other recommendation, on four
affirmative votes supporting the appointment."
\\ -s 1
absence of the chairman at any meeting, the vice- chairman
shall preside, and in the absence of both chairman and
vice-chairman, the Board members present shall elect a
chairman pro tempore for said meeting.
c. The city Attorney or an appointed representative shall act as
secretary to the Board. The secretary shall cause notice of
the meetings of the Board to be kept and distributed. The
secretary shall also give appropriate and required written
notice of all meetings to all members and persons having
business before the Board.
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
rm by
Attorney
ethicsbl.wp
\\-10 2
Minutes
May 23, 1995
Page 5
BOARD AND COMMISSION RECOMMENDATIONS
12. ORDINANCE 2630 AMENDING SECTION 2.28. 110 OF THE MUNICIPAL CODE RELATING
TO APPOINTMENT OF MEMBERS TO THE BOARD OF ETIDCS (first readiJ1l!) - The Board of Ethics is
proposing a revision to the current Code of Ethics which is presented for Council's review. The purpose of the
revision is to allow for an alternative appointment process should the Presiding Judge of the South Bay Municipal
Court Judicial District fail or decline to make an appointment. It is recommended that Council place the ordinance
on first reading. (Board of Ethics)
Susan Herney, Vice-Chair, Board of Ethics, stated the provision was submitted so the Council could be confident
that there was a procedure in place to fill vacancies as they occurred on the Board of Ethics.
Councilmember Moot felt the possibility of designating a retired judge should be considered. He did not feel a
retired judge would have the same perceived problems a sitting judge may have.
Councilmember Padilla felt it was a good suggestion. It important that the selection/recommendation process be
independent from the City Council. He was not comfortable with the Council making recommendations for
appointment to the Board of Ethics even as a back-up. He was willing to acquiesce to the Members of the Board
if that was their strong recommendation. He preferred to see a solution that would exclude the Council from
making the selection/recommendation as he felt it was inappropriate.
Councilmember Moot felt the Board of Ethics or staff could return at the next meeting with a list of three retired
judges who could fill that roll. The ordinance could then be modified to include that if the presiding judge or his
designee declined the Council could then appoint one of the retired judges from the list for two years.
Councilmember Rindone agreed with the presiding judge and, if not, a retired judge but he wanted to remove the
Council from selecting the retired judge.
Councilmember Moot stated there was the same problem if the Board of Ethics chose the person that was going to
appoint a member. He felt it presented the same internal conflict with respect to the Board. A process of random
draw, etc. could be established.
MS (Moot/Rindone) to direct staff to return with proposed language modifying the ordinance to provide for
a retired judge to fulfill the role if the presiding judge and designee declined. Staff also to return with a list
of potential candidates.
Mr. Boogaard stated the existing language gave the presiding judge the ability to designate anyone. Not just a
judge, but anyone in the corrununity, including a retired judge. He questioned if it would meet Council's intent to
have language which stated the presiding judge should at least be encouraged, if he declined to engage in the
selection process, to designate someone who would participate. He questioned if it was important to Council to have
that person in the active or retired judiciary.
Councilmember Rindone stated there needed to be a system, by lot, of former presiding judges that could be selected
if the presiding judge did not want to participate. That accomplished the goal and removed the Council from the
process. He felt anyone designated should be from the judiciary, i.e. active or retired. If still unsuccessful, then
the Council would be the last alternative.
VOTE ON MOTION: approved unanimously.
\\~1
Exhibit B
Additional Modifications suggested by the Ethics Board
at their meeting of June 2, 1995
ORDINANCE NO. ~'- 30
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
2.28.110 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
APPOINTMENT OF MEMBERS TO THE BOARD OF ETHICS
SECTION I: That section 2.28.110 of the Chula vista
Municipal Code is hereby amended to read as follows:
2.28.110 organization.
A. The Board shall be composed of seven members appointed by the
City Council for a term of four years, as prescribed by the
provisions of the City Charter and the Municipal Code of the
City of Chula vista. Prior to exercising their authority to
appoint a person for the first time to membership, the City
Council shall refer for recommendation the list and quali-
fications of applicants to the Presiding Judge of the South
Bay Municipal Court Judicial District or his or her designee
from among the judiciary, who shall review the list of
applicants and their qualifications, who should select. if at
least five applicants are available. not less than five5 (but
if less than five applicants are available. as manv as
possible) for the purpose of conducting in-person interviews
and who shall conduct such interviews. One additional
applicant should be selected for interviews for each
additional vacancv. If said Judge or designee declines or
fails to review such applicants, or conduct such interviews,
or make such recommendations, than the Council shall appoint
a person from a list of retired judges, which list shall be
assembled as needed by the City Attorney, to conduct. pro
bono. such interviews and make such recommendations. If such
retired iudqe can not be retained to review the applicants on
a pro bono basis. than the citv Council shall be authorized to
review the applicants themselves. select five for interview.
conduct the interviews themselves and make the appointment
without anv other recommendation. on four affirmative votes
supportinq the appointment. In the event of a reappointment
of an existinq or former member to the Ethics Board. this
procedure need not be followed and the Council mav exercise
their appointment without such a prior recommendation. No
such person may be appointed as a member, or shall be entitled
to retain their membership, if he or she, within the past ten
(10 years prior to the date of appointment, has been convicted
of a crime involving moral turpitude, or has been found to
have. committed a criminal violation of the Fair Political
Practices Act.
B. The Board shall elect from its membership a chairman and a
vice-chairman. The term of the chairman and vice-chairman
shall be for the period of one year, commencing on July 1 each
year. The chairman shall preside at all meetings. In the
absence of the chairman at any meeting, the vice- chairman
shall preside, and in the absence of both chairman and
\\-,
vice-chairman, the Board members present shall elect a
chairman pro tempore for said meeting.
C. The City Attorney or an appointed representative shall act as
secretary to the Board. The secretary shall cause notice of
the meetings of the Board to be kept and distributed. The
secretary shall also give appropriate and required written
notice of all meetings to all members and persons having
business before the Board.
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
\\-~
r" ; "liOIT
""'1\" ~llJ
c..
.-'---"'-'~:
CITY COUNCIL AGENDA STATEMENT
ITEM TITLE:
.)/,30
Ordinance Amending Section 2.28.110 of the Chula
Vista Municipal Code relating to Appoint-
ment of Members to the Board of Ethics
ITEM /.:2..
MEETING DATE: 5/23/95
SUBM~TTED BY: Board of Ethics
4/sths Vote: Yes__No-X-
The Board of Ethics is proposing a revision to the current Code of
Ethics which is presented for Council's review. The purpose of the
revision is to allow for an alternative appointment process should
the Presiding Judge of the South Bay Municipal Court Judicial
District fail or decline to make an appointment.
BOARDS/COMMISSION ACTION:
1995 meeting, voted to
ordinance.
The Board of Ethics, at its April 24,
approve the changes contained in the
RECOMMENDATION: Place the ordinance on first reading
DISCUSSION:
Three members of the Board of Ethics have terms expiring on June
3D, 1995/ two of which are ineligible for reappointment since they
have served two terms. The current Board of Ethics selection
process requires the applicants to be interviewed and recommended
by the local presiding judge. This process has worked well for
many years. However, the last time there was a vacancy on the
Board, the then-Presiding Judge, was reluctant to interview
prospective applicants and make a recommendation for appointment
because of a stated philosophical belief that the judiciary should
not be intermeddling in local government. The City staff and
Ethics Board continues, however, to support the process because of
the additional credibility it gives the Board. In order to avoid
a delay in appointment, an alternative selection process has been
devised which will allow the Council to interview applicants and
make an appointment jointly passed with four affirmative votes.
The proposed amendment also adds an eligibility to Board membership
constraint by requiring that "No such person may be appointed as a
member. or shall be entitled to retain their membership. if he or
she. within the past ten (10) years prior to the date of
appointment. has been convicted of a crime involvinq moral
turpitude. or has been found to have committed a criminal violation
of the Fair Political Practices Act ." The Board feels that this
adds an ethical standard to their Board that is suitable for their
mission.
FISCAL IMPACT: N/A
C:\ethics\228110.ord
/_< / L-
II,q
EXHIBIT C
ORDINANCE NO.
02..?3t?
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
2.28.110 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
APPOINTMENT OF MEMBERS TO THE BOARD OF ETHICS
SECTION I: That Section 2.28.110 of the Chula Vista
Municipal Code is hereby amended to read as follows:
2.28.110 organization.
A. The Board shall be composed of seven members appointed by the
City Council for a term of four years, as prescribed by the
provisions of the City Charter and the Municipal Code of the
City of Chula vista. Prior to exercisinq their authority to
appoint a person to membership. t~he City council shall De
required. to au13mi t refer for recommendation the list Ja.ru;!
qualifications of applicants oand.idatea to the Presiding Judge
of the South Bay Municipal Court Judicial District or his or
her desiqnee. who shall review the list of applicants and
their qualifications. and who should select not less than 5
for the purpose of conductinq in-person interviews and who
shall conduct such interviews. If said Judqe or desiqnee
declines or fails to review such applicants. or conduct such
interviews. or make such recommendations. than the Council
shall interview such applicants themselves personallY. and may
make an appointment iointlv passed with four affirmative
votes. and aeek the jud.l!l"e's recommendation \:itl'1 rel!l"ard to
a~~eiRtmeHts. No such person may be appointed as a member. or
shall be entitled to retain their membership. if he or she.
within the past ten (10 years prior to the date of
appointment. has been convicted of a crime involvinq moral
turpitude. or has been found to have committed a criminal
violation of the Fair Political Practices Act.
B. The Board shall elect from its membership a chairman and a
vice-chairman. The term of the chairman and vice-chairman
shall be for the period of one year, commencing on July 1 each
year. The chairman shall preside at all meetings. In the
absence of the chairman at any meeting, the vice- chairman
shall preside, and in the absence of both chairman and
vice-chairman, the Board members present shall elect a
chairman pro tempore for said meeting.
C. The city Attorney or an appointed representative shall act as
secretary to the Board. The secretary shall cause notice of
the meetings of the Board to be kept and distributed. The
secretary shall also give appropriate and required written
notice of all meetings to all members and persons having
business before the Board.
SECTION II: This ordinance shall take effect and be in
full force on the thirtieth day from and after its adoption.
Presented and Approved as to form by
Br!: ~~g~y Attorney
\\_[D
Council Agenda statement
Item:~
Item Title:
~:30
Ordinance: AMENDING SECTION 2.28.110 OF THE
VISTA MUNICIPAL CODE RELATING TO APPOINTMENT
MEMBERS TO THE BOARD OF ETHICS n"..\),
Bruce M. Boogaard, city Attorney~Y~
Meeting Date:
June 6, 1995
CHULA
OF
Submitted by:
Agenda Classification:
( ) Consent
(X ) Action Item
( ) Public Hearing
(X ) Other: Boards & Commissions
4j5ths Vote: ( ) Yes (X) No
The attached ordinance modifies the current method by which
Ethics Board members are appointed by mandating that a neutral
intervening person review the list and qualifications of
applicants, select 5 for in person interviews, and make a
recommendation of a person to the Council for appointment to the
Ethics Board. The attached ordinance will now require that
"recommender" be the Presiding Judge of the south Bay Municipal
Court, his or her designee from among the jUdiciary, but if any
of them refuses to reviewing the qualifications and conduct the
required interviews, the Council will select from a qualified
list assembled by the City Attorney, a retired judge to do so.
Recommendation of the city Attorney:
Adopt the attached ordinance, now revised to reflect the Council
directive of May 23, but further modified by Footnotes 1 and 2 to
negate the retired judge interview option unless it can be
obtained without charge.
Boards and Commissions Recommendation:
See below: A verbal report on the Ethics Board's reaction to the
proposal, expected to be solicited at their meeting of June 1,
after the printer'S deadline for this agenda, will be presented
to the city Council at their June 6, 1995 meeting.
Discussion:
Fundamental Policy Issue:
Should there be an intervening recommender of appointments
to the Ethics Board selected from among a list of retired
judges if the presiding judge of the local courts, or his or
\\ - \
her designee, refuses to consider qualifications of Ethics
Board applicants or refuses to conduct interviews of such
applicants, in lieu of the Council making the appointments
without such recommendation, on a 4/5th's vote requirement?
At the City Council meeting of May 23, 1995, the City Council
reviewed for introduction Ordinance No. 2630 which, among others,
proposed an amendment to the Ethics Chapter of the Municipal Code
to permit the presiding judge to designate a person ("Recommen-
der") to interview and recommend appointees to the Ethics Board,
but to require that, whoever the "Recommender" is, that said
Recommender conduct in-person interviews.'
At that meeting, an excerpt of the minutes of which are attached,
the city Council indicated that they wanted the ordinance modi-
fied to provide, if the presiding judge or the judge's designee
refuses to act, that instead of allowing the Council the direct
right to conduct interviews and make appointments without an
intervening "Recommender", as the Ethics Board and City Attorney
originally suggested, the Council should select a Recommender
from a list of retired judges to review applications, conduct
interviews, and make a recommendation to the Council for
appointment.
The attached ordinance is submitted with the intention of
complying with this Council directive.
The Ethics Board has not had a meeting, prior to the time it was
required to prepare this Agenda Bill, to afford them the
opportunity to review the Council directive and the attached
proposed ordinance since the Council issued it on May 23, 1995.
It is intended that they will review it at their meeting of June
1, and the city Attorney or a representative of the Ethics Board
will provide a verbal report if it is any different than the
comments herein contained as provided by the city Attorney, who
staff the Ethics Board.
The proposal to have a intervening non-politically involved
"recommender" who would be required to conduct in-person
interviews prior to making a recommendation for appointment to
the Ethics Board is consistent with the previously expressed will
of the Ethics Board and, in the opinion of the city Attorney,
would not meet with any objection.
The Ethics Board had tendered the alternate recommendation, as
contained in their May 23 Board Letter, with the intention of
offering a less complex, more efficient alternate for making
appointments, which was felt appropriate in light of the fact
that the Recommender would only be called upon to tender a
"recommendation" and not an official "appointment", and that the
1. A copy of the Al13 and the proposed Ordinance No. 2630 is
attached as Exhibit A for your convenient reference.
\\ -;)..
council still retains the power to review the recommendation and
not make the appointment.
It was felt by the Ethics Board, based on their prior discus-
sions, that in-person interviews are necessary to weed out
applicants who might try to use the authority of the Ethics Board
for political advantages. The Ethics Board felt that any risk of
an Ethics Board appointee having a "political agenda" could be
sufficiently mitigated by the supermajority Council vote
requirement for the appointment to become effective, giving any
two councilpersons a veto over an appointee they suspected of
having a "political" agenda.
Albeit more complex, the use of retired judges to conduct in
person interviews and make recommendations for appointments on
the basis thereof, without prior council intervention, would seem
to clearly satisfy the Board's intent.
Fiscal Impact:
There is expected to be some nominal additional city
Attorney time required, if the presiding judge or designee
refuses to conduct the applicant review, in the assembly of a
list of retired judges willing to consent to review applications
and conduct interviews, and in meeting with the selected retired
judge to discuss the procedures with them.
There may also be some additional expense involved if the
retired judge selected requires compensation for his or her
services. Not having solicited such retired judges yet, it is
difficult to determine if such retired judges will donate their
services. They usually bill for arbitration matters at between
$200 to $300 per hour. Five interviews may take 5 hours.
The City Attorney recommends adoption of the ordinance with
the modification that the retired judge recommender alternate be
avoided unless it can be obtained pro bono.
e:\ethicsal.wp
n-.3/11-i
ORDINANCE No.~b~D
AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION
2.28.110 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO
APPOINTMENT OF MEMBERS TO THE BOARD OF ETHICS
SECTION I: That section 2.28.110 of the Chula vista
Municipal Code is hereby amended to read as follows:
2.28.110 organization.
A. The Board shall be composed of seven members appointed by the
city Council for a term of four years, as prescribed by the
provisions of the City Charter and the Municipal Code of the
city of Chula vista. Prior to exercisinq their authoritv to
appoint a person to membership. t~he City Council shall be
:FeEIuirea "te C3uBmi"t refer for recommendation the list and
qualifications of applicants eaRaidateC3 to the Presiding Judge
of the South Bay Municipal Court Judicial District or his or
her desiqnee from amonq the iudiciarv. who shall review the
list of applicants and their qualifications. and who should
select not less than 5 for the purpose of conductinq in-person
interviews and who shall conduct such interviews. If said
Judqe or desiqnee declines or fails to review such applicants.
or conduct such interviews. or make such recommendations. than
the Council shall appoint a person from a list of retired
iudqes. which list shall be assembled as needed bv the citv
Attornev. to conduct!! such interviews and make such
recommendations.g/ aHa Beell "tRe jua'Je'B :FeeoJl1H\eHaatieR \li"tR
:Fe'Jara te a~~eiHtmeH"tB. No such person mav be appointed as a
member. or shall be entitled to retain their membership. if he
or she. within the past ten (10 years prior to the date of
appointment. has been convicted of a crime involvinq moral
turpitude. or has been found to have committed a criminal
violation of the Fair Political Practices Act.
B. The Board shall elect from its membership a chairman and a
vice-chairman. The term of the chairman and vice-chairman
shall be for the period of one year, commencing on July 1 each
year. The chairman shall preside at all meetings. In the
absence of the chairman at any meeting, the vice- chairman
shall preside, and in the absence of both chairman and
vice-chairman, the Board members present shall elect a
chairman pro tempore for said meeting.
C. The City Attorney or an appointed representative shall act as
1. Recommended to be inserted, at this point, the word:
", pro bono,"
2. Recommended to insert at this point:
"If such retired judge can not be retained to review the
applicants on a pro bono basis, than the City Council shall be
authorized to review the applicants themselves, select five
for interview, conduct the interviews themselves and make the
appointment without any other recommendation, on four
affirmative votes supporting the appointment." \ \ -5
secretary to the Board. The secretary shall cause notice of
the meetings of the Board to be kept and distributed. The
secretary shall also give appropriate and required written
notice of all meetings to all members and persons having
business before the Board.
lOV
ordinance shall take effect and be in
day from and after its adoption.
SECTION
on the
Bruce M. Boogaard, cit
\\..~/11-7
Item / do.
Meeting Date 6/6/95
MEMORANDUM
FROM:
June 1,1995
The Honorable Mayor and City counc~\
John D. Goss, City ManageJ.~~ to /'
Bruce Boogaard, City Attorney ~
James B. Hardiman, Fire ChieffJ.f~
International Friendship Commission Request for Organizational Restructuring:
Staff Recommendation
DATE:
TO:
VIA:
SUBJECT:
The International Friendship Commission (IFC) has submitted a request to obtain staff
assistance in forming a non-profit corporation consistent with Section 501 (c) (3) of the Internal
Revenue Code. Staff believes that the Council may have concerns regarding:
(1) The effect such a plan may have on the structure and advisory role of the Boards and
Commissions in general,
(2) The ability of the IFC to represent the City as an independent corporate body, and
(3) The need for a 501 (c) (3) status to receive tax free donations, since the City, as a
corporation, already qualifies as a 501 (c) (3) entity.
Therefore, it is recommended that the Council refer this matter to staff to return with a report and
recommendation after meeting with representatives form the International Friendship
Commission.
Chula Vista Fire Department
/;J.../ /12.-2-
MEMORANDUM
j
DATE:
TO:
FROM:
RE:
27 April 1995
City Council
Suzanne Ramirez, IFC Chair
Report to Council re organizational structure
sister city programs are generally structured in one of three ways:
association, city commission, corporation. It appears that from its
inception, Chula vista's program has operated through a city
commission--the IFC. sister cities International recommends the
corporate structure with a 501(C) (3) tax exempt status. The
corporate status provides certain benefits, to wit: limitation of
liability, and increased ability to raise funds. Even before
learning that SCI highly recommends the corporate structure, the
members of the IFC had come to believe it is time to consider
incorporation of Chula vista's sister city program.
Contact was made with both the city of San Diego and El Cajon to
learn about their programs' structures. Our chair spoke with
Marilyn Lynn (441-1761) in the El Cajon City Clerk's office. She
has been involved with the El Cajon program for many years and, in
fact, has served as the president of their sister cities
organization. From the inception of their program, their sister
city program was run by an organization separate from the city.
However, their mayor was an active member of the organization.
Their sister city program historically has received some money and
in-kind donations (such as use of city facilities) from the city.
They are now incorporated and have a 501(C) (3) tax exemption. They
currently have four (4) sister cities. They are paired with cities
in Mexico, Australia, Germany & the Ukraine. Ms. Lynn reports that
activities wax and wane in the various cities.
Re San Diego, our chair spoke with Karen Rohrbauch (236-6330). She
is Mayor Golding's deputy chief of protocol. Ms. Rohrbauch
indicated San Diego's program began and expanded with the formation
of various independent sister city committees. The Charter assigns
to the International Affairs Board responsibility for oversight of
the sister cities program, among its other duties. Apparently
there were some problems with the lack of coordination between the
various committees and perhaps vis a vis the city, also. So, in
1993, San Diego formed San Diego sister cities Corporation, a non-
profit corporation. It now serves as the umbrella entity for all
of the sister city committees. Ms. Rohrbauch described their
current status as being "in transition because of its recent non-
profit status". The corporation receives TOT funds ($5000 in FY94
/co1..3
and $10,000 in FY95). It is staffed by a part-time executive
director who is housed in a City office.
As you are aware, the IFC has a minimal budget. It is a nine (9)
member commission which has been charged with responsibilities much
too onerous for nine part-time volunteers. More community
involvement is needed. And additional funding sources are needed.
It is virtually impossible to gain donations for the City of Chula
vista. It is believed that obtaining donations and volunteer
assistance would be easier if the program were operated in the form
of a non-profit corporation. It would be easier to organize
activities, especially those requiring a flurry of last-minute
activity, without the restrictions of the Brown Act (which would be
inapplicable to the non-profit). With fundraising and much of the
labor intensive work of the sister cities program being done by the
non-profit, it is anticipated that the IFC could strengthen its
role in other areas of international friendship in addition to
overseeing Chula Vista's sister cities activities.
We are addressing you at this time to seek your endorsement for the
formation of a non-profit corporation for Chula vista's sister city
programs. Should you agree with us that this is advisable, we ask
that you direct that staff be assigned to assist in this process.
Legal advice will be needed from the City Attorney or his designee.
Staff assistance will also be necessary to determine the ideal
division of responsibility between the newly-forming non-profit
corporation, the existing IFC and the City Council. Legal
documents will need to be drafted and filed. For this, too, we
seek the assistance of the City Attorney or his designee, or, if it
is more economical to do so, we ask your permission to expend IFC
and/or city funds to hire outside counsel to draft and file the
documents. Be advised that sister cities International has
provided us with a prototype document, and that we have asked both
El Cajon and San Diego to share their documents with us. Thus, the
City Attorney would not need to "start from scratch".
A representative of the IFC will appear before you to answer any
questions you may have concerning this report and the issue it
presents.
IrJ - If
~~~
~
~~;F;E
erlY OF
CHULA VISTA
CHULA VISTA PUBLIC LIBRARY
May 24, 1995
Mayor and City Council
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Honorable Mayor and City Council:
The Library Board of Trustees respectfully recommends that the gallery
space at the South Chula Vista Library be named in honor of past Library
Director, Rosemary Lane.
Mrs. Lane strongly supported construction of new libraries in Chula Vista
and her dogged efforts have come to fruition with the opening of the new
South Chula Vista Library. This landmark building is a result of her
foresight and determination as a Library Director to bring imlovative library
service to the entire community of Chula Vista.
During her tenure she worked with the City Council, Library Board of
Trustees, Friends of the Library, and various other community groups to
develop a Library Master Plan. She oversaw the application process for the
California State Grant which ultimately provided 6.7 million dollars for the
new library.
/3 -I
365 F STREET/CHULA VISTA. CALIFORNIA 91910"(619) 691-5168
Honorable Mayor and City Council
Page 2
In addition, Rosemary Lane strongly supported the arts in the community
and was instrumental in securing gallery space in the new library.
Sincerely,
Library Board of Trustees
iLLd~~~
Constance Clover-Byram
Vice Chair
IifijtL- 4/(j'/71~
P~ggy Donovan
Chair
iJdiL4m 06f.cL
William Alexander
rustee
~
Dr. Ronald Williams
Trustee
15~Z.
CITY OF CHULA VISTA
crJ/!iel\dg o~ the ~ib/!a/!Y
P.O. BOX 393
.
CHULA VISTA, CALIFORNIA 92012
May 25, 1995
Mayor and city council
City of Chula vista
276 Fourth Avenue
Chula Vista, CA 91910
Honorable Mayor and Council Members:
The Friends of the Chula vista Library heartily concur with the
recommendation of the Library Board of Trustees that the gallery at
the South Chula vista Library be named for Rosemary Lane, former
Director of the Chula vista Public Library.
Mrs. Lane persevered in the face of many obstacles to have a
library built in the southern section of Chula vista and was also
a staunch supporter of the arts. Her dedication and persistent
efforts to provide public library service at that location have
finally been realized and the Friends agree with the Library Board
of Trustees that it would be especially fitting that the gallery be
named in her honor.
Sincerely,
cc:
\~<3
COUNCIL AGENDA STATEMENT
Item /4
Meeting Date 06/06/95
ITEM TITLE:
Amendment to the City's Public Employees Retirement (PERS) Contract to
Provide 2 % at 55 Full Formula for Local Miscellaneous Members
A. Resolution of Intention to Approve an Amendment to
Contract Between the Board of Administration of the Public Employees
Retirement System and the City Council of the City of Chula Vista
B. Urgency Ordinance of the City Council of the City of
Chula Vista Authorizing an Amendment to the Contract Between the City
of Chula Vista and the Board of Administration of the California Public
Employees Retirement System
SUBMITTED BY:
John D. Goss, City Manager4.
(4/5ths Vote: Yes..x. No ->
After negotiating with represented miscellaneous employees of the City of Chula Vista (Chula Vista
Employees Association [CVEAl and Western Council of Engineers [WCE]), agreement was reached on
a four-year contract which reflects the negotiation guidelines of the City Council, that includes the 2 %
at 55 retirement modification, under PERS Section 21251. 132 (a mandatory work furlough, two stipends,
and a wage increase formula in the fourth year). Amending the PERS contract will provide a modified
retirement benefit in accordance with the agreement. This amendment is contingent upon the ratification
of the applicable Memorandums of Understanding with the affected bargaining units.
RECOMMENDATION: That the Council adopt the Resolution declaring the City's intent to approve
an amendment to the PERS contract in order to provide the 2 % at 55 retirement benefit to the local
miscellaneous members, and place the Ordinance on first reading, authorizing the Amendment.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION: The proposed 2% at 55 provisions will modify the retirement formula, enabling
employees to retire earlier than under the current 2 % at 60 contract provision.
The Ordinance is requested to be placed on the agenda as an urgency measure in order to facilitate
continued labor harmony and the uninterrupted smooth flow of City government services. If the
amendment does not go into effect July I, 1995, the efficient provision of City services could be affected.
FISCAL IMPACT: Pursuant to the PERS actuarial valuation, the cost of 2% at 55 for local
miscellaneous members, is 2.891 % of applicable salary costs for that group. The increased rate is
effective July 1, 1996 and due to the offsetting furlough savings through the term of the Memorandum
of Understandings, there will be no cost associated with this benefit.
[CYEA - intent-A.al3]
I
-.r
,!Ii" it
'" y .,~. ....~, -- I '~!
MEMORANDUM
June 5, 1995
TO:
The Honorable Mayor and City Council
John D. Goss, City Manage~
VIA:
FROM:
Dave Byers, Chief Negotiator, City of Chula Vista, in
meeting with Western Council of Engineers (WCE)bt}
SUBJECT: Clarification on Council Agenda Item 14: Amendment to the
City's Public Employees Retirement (PERS) Contract to
Provide 2% at 55 Full Formula for Local Miscellaneous
Members
To clarify the first sentence of the Council agenda statement, a
tentative agreement was reached between the negotiating teams of
the City and the negotiating teams of the Chula Vista Employees
Association (CVEA) and Western Council of Engineers (WCE) regarding
their respective proposed four-year contracts. The memberships of
both bargaining units must still meet to ratify their individual
Memorandums of Understanding.
RESOLUTION NO. h ~ q
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA OF INTENTION TO APPROVE AN
AMENDMENT TO CONTRACT BETWEEN THE BOARD OF
ADMINISTRATION OF THE PUBLIC EMPLOYEES'
RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE
CITY OF CHULA VISTA
WHEREAS, the Public Employees' Retirement Law permits the
participation of public agencies and their employees in the Public
Employees' Retirement system by the execution of a contract, and
sets forth the procedure by which said public agencies may elect to
subject themselves and their employees to amendments to said Law;
and
WHEREAS, one of the steps in the procedures to amend this
contract is the adoption by the governing body of the public agency
of a resolution giving notice of its intention to approve an
amendment to said contract, which resolution shall contain a
summary of the change proposed in said contract; and
WHEREAS, the following is a statement of the proposed
change:
To provide 2% @ 55 Full formula for local miscellaneous
members.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby give notice of its intention to
approve, by an urgency ordinance to be adopted not less than twenty
(20) days hence, and effective immediately due to its urgency, an
amendment to the contract between said public agency and the Board
of Administration of the Public Employees' Retirement System, a
copy of said amendment being attached hereto, as an "Exhibit" and
by this reference made a part hereof.
John D. Goss, City Manager
f:JJ
Presented by
,,-\ f\ ~ \ /1 ct A~2
ORDINANCE NO.) ~~~
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA AUTHORIZING AN
AMENDMENT TO THE CONTRACT BETWEEN THE CITY OF
CHULA VISTA AND THE BOARD OF ADMINISTRATION OF
THE CALIFORNIA PUBLIC EMPLOYEES' RETIREMENT
SYSTEM
The city Council of the city of Chula vista does ordain
as follows:
SECTION 1: That an amendment to the contract between the
City Council of the City of Chula vista and the Board of
Administration, California Public Employees' Retirement System is
hereby authorized, a copy of said amendment being attached hereto,
marked Exhibit, and by such reference made a part hereof as though
herein set out in full.
SECTION 2.
hereby authorized,
amendment for and on
The Mayor of the City
empowered, and directed
behalf of said Agency.
of Chula vista is
to execute said
SECTION 3. This Ordinance shall take effect immediately
upon its adoption not sooner than twenty (20) days after its
introduction as an urgency measure for the following reasons:
Labor discontent that will prevent the proper and efficient
operation of the city government and provision of public services
if the proposed amendment does not go into effect July 1, 1995.
Prior to the expiration of fifteen (15) days from the passage
thereof, the City Clerk shall publish this ordinance in the Chula
vista Star News, a newspaper of general circulation in the City of
Chula vista.
Presented by
John D. Goss, City Manager
City
c: \or\2%@55
)4& -) / ry [)
.1
'--
PERS CONT SERV DIV
TEL:916-326-3005
Apr 26'95 10:47 No.002 P.04/10
EXHIBIT
AMENDMENT TO CONTIlAcr
BErWEEN'IBE
BOARD OF ADMINISTRATION
OF THE
PVBUC EMPLOYEES" lIETDlEMENT SYsn:M
AND THE
aTY COVNCD.
OF THE
aTY OF CBULA. VISTA
The Board of AcImiDisltatioo Public Employees' Rd:i.=-<l Systan. IaeiDaflcr ..:ku..d to as Board,
and !be goveming body of Ibove public qca;y. bereIoa1\:er ...r...t..d to as Public Ageut:y. having mm=red
into a COIItt3Ct dfcaiVe October 1. 1948, aDd wi' ,-''!d August 31, 1948, aDd as JI'l""I"l-.1 effective
Oc:tober I, 1951, N<M:IIIber 1. 1955,lamwy I, 1960,lamwy I, 1961, Seplember I, 1967, ~""h$r
28, 1973, October 4, 1973. Oc:tober 8. 1976, Aprll16. 1981. Jamwy 8. 1982, Sepr- 28. 1984. July
3. 1987. October 13. 1989, SepU:mbcr 1:1, 1990. November 16, 1990, January 4, 1991, September 6.
1991 and Oc:tober 7, 1994 wbich provides for puticipation of Public Agea:;y in said Sysarm. Board aDd
Public Agency heteby I8fee IS follows:
A.. Paragraphs 1 duwgh 14 are beRby stticka1 from said C6~ IS execufIJd ~.o October 7.
1994, aDd hc:n:by rqlIaa:d by tbc followlnl parapapbli IIIIIlIbcmJ 1 !broIl&h 14 IDcluslvr.
1. All word$ aDd. tcmI$ used hcreiD wbIeh are dcliDcd in the Public Employees' ~
Law shall have the ........."'8 as dcfux:d theroin uu1ess vlbw ..i3c spcc:ifically provided.
"Normal IOlinmeuI. age" sbal1 mean age 55 f...-loc:al.m.r.-l13"""W1 JIleIOben lIIII1. 50
for local safety ""'""""'s.
2. Public ~ oIWl ~ in ~ PubJj" Jlmployees' Il.etiremeDl SymDl &om aucl
after October I, 1948 IIl.IkiD& iIa omployccs as hcreiDaftm" provided, m:mbc:cs of said
System subject to all provisiOll$ of 1hc Public Employees' bdnmmt Law excepllRlc:h
as apply only OIl election of a amlracting agency and an: not provided for hemn UJd to
alllJllaldmonU to said Law bcroafter eIla<;t'" except lhoee, which by 6Ap._ provisions
thereof. apply cdy aD the election of a ...dl...m..., ac-:Y.
3. Employees of Public A&aJr;y in tbc followlni dasK$ libaIl bcc;ome m:mbc:cs of said
RtdrE!meDt System except such in each sucb class as are ~ by law or this
aar-t:
a. Local FiIc FIgbtm (baein .4t..,o!d to as local aafety mcmbcn);
b. Local PolIce 0fIiem (bmein .....d to as loc:al safety onemllen);
c. Employees odx:I" than 10caI eafcty .......'-8 (baein refoae4 to .. kx:aI
Jllil""lI..-..U ........a...~).
,
)~e,"3
~~K~ LUNI ~~KV UlV
It.L;~J.O-":),O-..)VU;:>
ntJl LV:J..} .1Vo"'tO nu.VVL. I .V.J~.LV
PLEASE DO NOT SIGN "EXHIBIT ONLY.
4. In 8ddition to die dasse5 of employees w:11Ided fnlm DlIIDbersbip by said Ret:..........cl
'aw. tfIC fullowint d_ of c:mp/oyc:cs aballlIOl 00<'4'" mrmhns of said Rdi..euJOuI
System;
NO ADDl'11ONAL EXCUlSlONS
5. Prior to 11111WY I, 1975, dIOIc m_.~ec. who _ hired by Public ApDJ;y on a
~ mdlor xuoul buis DOt ~ QOCCd C; IDOIIlU ~ c.xdudcd from Pm9
membenbip by amtract. Oa.",~ Code Section 20336 sapeneck'l this en"....'"
provision by providiJIg dw any such temporary lIIIdIor seasoaa1 employees are ~
from PERS mrmMNhip llUbIequom to JUIIIlII.'}' 1. 1975. I~'ImOD rcpca1edUld
rqllaa:d said Scaion with Oo\....~ Code Sec:lion 20334 efmcrlve 1uly 1. 1994.
6. PrIor to 1aDuaIy I, 1975, !boA -..~"'fS wbo were hired by Public ApDJ;y on a
~ary lIIIdIor ___1 bais DOC to ~ 6 mcmtba _ exduded &am PERS
memberIhip by CODtnCt. Go<.........-t Code Section 20334 ~ this COIIlIlIa
provision by provldiDJ !bat any auch tempOral)' and/or IleUOIIIl employees are ...............
from PERS membership IIIIlIequeDt 10 11111WY I, 1975.
7. 'Jbi$ contraa &bal1 be a ......,;.....'"911 of the ...d>-.4 of 11m MODtgaIDllry Fue Pl~n
DiItrict. 1Jerp.m.fb.r ..a....J 10 .. "FoDIlllf ApDJ;y". 'The .............,....... amIribulicus,
_ and 1iabUity for prlor and curn:m 5eIVke UDder !be Former Agetr!f'. COIllIal:l 5ha.l1
be merged puro.....4 to Section 20567.1 of !be Go\M. ...._d Code. Such merger ..........~
January I, 1986.
a. All beneftrs provided IIIIlIer this ........-.4 sball apply to all past service for fortoeI
employees of tbe ~ PIIe Protection Di5uk:l.
8. The _~ of fiDal CO"'lpet'satiou to be pI09idcd for CIch year of ctediIed prior UId
QIImIt service.. aloc:a.l mJltWl.......... _..~<" sba11 be dcIcrmiDed in aa:mIance with
IIa:tinn 1.1?11 131. of uld RctimDml Law (2" lit age SS Full).
9. The ~.&" of fiIIIl c""'P""..olm ~ be providccl for CIch year of CLCdlrtd pdor 4IId
c:urmlI 1eIVil:e as a Ioc:a.I miIc:-Il~ -..d"", sbaIl be dewmined in IllOOldance with
Scalcm 21252.01 of aaId Relh._ Law (2" lit. SO I'ull).
9. Public A.aCDCf eICCfCd to be IUbjcct to lhe ~ optiooal provi5ioas:
a. Secdon 20862.8 (Credit: fir UDDSed Sick Leave).
b. Sectlon 20020 ("Local Police Offia:r" ibBll iDclucIe peno1lI ...;pvd to
IdeIltIficalion aDdlX"""""';~ cIutim in the PoIicc DqJa.nmcot who were DOt
classified as 10caI Afl:ty maobm aDd who _In such cmplO)'llllD on or prior
to August 4, 1972, and wbo eIeaed to be loc:al safety ~ CD or before
SeplAlIDber 28, 1m).
\\.\.&-~
PERS CONT SERV DIV
TEL:916-326-3005
Apr 26'95 10:49 No.002 P.06/10
PLEASE DO NOT SIGN -EXHIBIT ONLY"
c. Section 21222.85 (Spec:lal 3" - 15" 1Dcnue) Cor or QD behalf of those io<:al
mi..--l1...-.qs .-mheB IDd tboac local aa1'ety ft_. J '"u who RItim:l or died prior
to JIIIWIl)' I, 1974.
d. Secti0lll21265 aDd 21263.1 (Pwt-Rdi.~ Surviwr Alluw"""':) for
1oc:aI..r.y ........lvq ODIy.
e. Scdion 2OSOO (Public Agfmt;y md lis eqIloya:s bave agn:cd to share tbe lXlSt
of die foDowiDa beaefit):
SecdOD 2l252.01- 2" It ace SO PlIIl1\xamla.
Prom and. a1b=r Scpranber 28, 1984 to July I, 1985 die safety rmployccs of
Public Agfmt;y abaI1 be _--4 all oddinQmal 0.341" of dJcir """'1"'......lioo for
. tolalCOlllribution_ of 9.341 "purswmt to Go.~....-1 Code SceIion 2OSOO.
f. Sccl10n 213llZ.4 (IbiId lAlvd of 19S9 SurviYor~) P'P"""'nt to Article 6
(..........~<i.. with SecdOD 21380).
g. SccIion 20024.2 (One-Year FiDaI ~.
h. Sca10n 20020.1 ('Lol:aI Police 0fIicer" sbaIl iucIucIe my oflic:er or c:mpIoyee of
a police departmem etJtlIoyed to pe:fonn COIDIIIUIIicall duties IDd who elected
to become . local safety _1- on ADgast 25, 1973).
i. Scdioa 20930.3 (Military Servi<;c CRdit 18 Public Se:rvil:e). SJ"',,,- of 1976.
g. SceIion 20024.2 (ODc-Year Fmal O..,.....otlnt,).
10. Public Agens:y, In ~ with Gcr.-.....-- Code ScaiOIl20740. c:eascd to be all
'c:mp~' for pIIIp05Cli of Sca10n 207S9 effec:tive on 0U0bcr 8. 1976. j\rrnnmhtNl
CODtributiaos of Public Agency shall be fixed aud --..;n...t IS provided in Go........-t
Code Scaion 20759, aDd 1.........1I~."'" Cl'dtn'hutillllS th.......'W sbaIl be held by die Board
as provided in Gow:rmnem Code SceIion 20759.
11. Public Agc:ncy abaI1 toIJlrlbuIe to AId Rdh....-r. Symm die COIIlribmioIIs damDiDl:d
by _W wll1wdi..... uC prior and CuIImo KlViao liability with n:spect to local
mi....-ll__ members IDd local ufety .......wl$ of said ~ System.
12. PIIbIk: Agra;y sball aIao c:oIlIribute to laid Rdh...-4 Sy3lan II fonows:
a. Public Aaenr:y abaI1 ~ $2.00 per employee. per IDOlIlb on8CCOllllt oEIhe
IlabDlty An- !be 19S9 Survivor -...";,,. pmvided UDder ScctIoII 213lS2.4 of said
~ Law. (Subject to 8III11I8l c:bIul&e.) In addiliOll, all asscl$ md
IIabDitlesofPubDcAaellCY &lid iIsaupluyc:c:s.u.n bcpuolcd in a single IlVO'mt,
based on term iDsuraDc:e ralCS, for II1lVlvOIS of aIllacal JDiscooll"""O"S roml>CI:1
IDd locallllfely _Non..
ILt~ ..5
PEKS CUMI SEKV U!V
I t:.L :~Hlr~Lo-~UU:>
Hpr LO ~~ !U;~V I~O.UUL r.Uf/1U
b. A teIIOIIIble IIlIOWIt, IS fixed by !be BomI. payabIllln ODe -. IImrnr within
60 days of _ of CODtntt to et>V<< the COSI8 of adminIsIaing said symon lIS it
IffCCIB dIc employees of Public ApY:y, DOl iDcludlD& die COSI8 of special
~ or of the periodic lnv-Vri"ll aDd vaJn<>rinn<. ~ by law.
e. A mISODabIe lIIIIClD, IS fWd by lhe Board, payabl~ in OIIC """,II~ as the
ocx:asioDs arise, to cover !be lXllIb of special VIIuatioDs on IIlX'..wI of cmpIoyees
of Public Aiffll&Y, aDd costs of the poriadic invMrig:otlQ1l aDd valuarlODS IeqUiIed
by law.
13. CoattibutioDs RqUlred of P\Jb\ic AgeDc:y aDd its emp10yees sbaIl be subject to I4jl1__
by Board on .,....,..1Ii: of _n_.m.....I. to the Publli: Emp1oyees' Retb:t4XDt Law, aDd on
8CCOWIl of the ellpCriCllCC UIIder dIc ~ System lIS cIetermimd by tho periodic
Investigation and valuIion rcquin:d. by said &ti..~ Law.
14. ColItrIbulioIls IeqUimI of Public ~ aDd iIs cmpIoyees sbaIl be paid by Public
Ag;rJq to tbo Rdi...,.,.1t S)>l;Ian wirhin fifl=n ~aftar1h81l1ll1 of die paiod r.a which
aid COIII:ribuDmIa .mer or .. may be P1"""""hM by Board regulation. If more or \e$$
than the comlCt amoum of COOlrlbuliODS ia paid for any period, ~ adju.5tn-n' sba1l
be made In COJJDeCdon wirh su!lsequem !ftII~. Mjnclmr.ob on ~ of motS
in COIltribUllons ~ of any employee may be made by direct payDll!llls b..two= the
employee aDd !be Bo8nl.
B. 1bIs 8IIICIldmem: sh3ll be dlbli." on the
;(
BOARD OF ADMINIS'IRATION ~
PUBUC EMPLOYEES' ~ SYSTEM
+~
BY ,t
CIDEF ACTU~~
ACTUARlAL 0
PUBUC ~ ' RETIREMENT SYS'TIlM
g,
,~
(
dayaf
,19_.
CITY COUNCIL
OF TIlE
crrr OF CHULA VISTA
BY
PR:sId.In& omcer
~
~
o
~
+~
:r-
~
~
W_ Dare~ iJ
Auat'
Clerk:
AMENDMENr
PBRS-CON-702A (Rev. 319S)
l~f:>-~
MEMORANDUM
June 1, 1995
FROM:
The Honorable Mayor and City Council r\ ,
John D. Goss, City Manageu~ ~ ~ f'f}.
Chris Salomone, Community Develo~ent Director~
Moreland and Associates Auditing Contract (6-6-95 Council Agenda,
Item 15)
TO:
Via:
SUBJECT:
This item was continued from the agenda of May 23, 1995. At that meeting, the Council
raised questions regarding the funding for the auditing contract deriving partially from
Community Development Block Grant (CDBG) funds. In particular, the Council wished to
know if CDBG was an appropriate source for the partial funding and if eliminating the CDBG
funding would free up CDBG funds that could be used to further fund social service projects
in the 1995-96 CDBG budget.
In response, the audit RFP requested a distinct bid for the "Single Audit" that covers federal
funding programs from which the City receives grants, those programs being CDBG and the
Home program. The distinct bid for the Single Audit was $4,000. The most appropriate and
available source of funds to pay for the contract is CDBG, and that cost is included in the
Administration and Planning category of the CDBG budget presented for approval at the June
6, 1995 Council meeting.
Further, removing the Single Audit cost from the CDBG program would not free up any
additional funds for CDBG-funded social service programs. HUD regulations cap social service
funding at 15% of the annual entitlement grant amount. The social service funding
recommended in the 1995-96 CDBG budget is at the maximum allowable 15% level. Any
savings in any other part of the CDBG budget could not be translated into additional social
service funding.
ISSIC:I WP51 ICOUNCIL 1M EMOSICD SGAUDT .MEM]
[DG\DISK #5\CDBGAUDT.MMO]
I~
COUNCIL AGENDA STATEMENT
Item
Meeting Date
lS-
b /,/~~
ITEM TITLE:
/7~9C;
Resolution Approving agreement with the accounting firm
of Moreland & Associates to provide auditing services and
authorizing the Mayor to execute said agreement
SUBMITTED BY:
Director of Financ~ j\
City Manager J.q ~~
(4/5ths Vote: Yes _No---1L1
REVIEWED BY:
Section 1017 of the Chula Vista Charter requires an annual independent audit of the
City. The current three-year agreement with Deloitte & Touche terminates with
completion of the June 30, 1994 audit report. A Request for Proposals to provide
auditing services for the City, Redevelopment Agency, and Bayfront Conservancy
Trust was sent to 27 auditing firms. Proposals were received and evaluated by a
Selection Committee appointed by the City Manager composed of the Director of
Finance, the Senior Accountant, and the Director of Finance for the City of La Mesa.
RECOMMENDATION: That Council adopt the resolution approving the agreement
with the accounting firm of Moreland & Associates for fiscal years 1994-95, 1995-
96. and 1996-97, with the option to extend for two additional years.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Twenty-seven audit firms were mailed a Request for Proposal to audit the financial
transactions of the City of Chula Vista, Redevelopment Agency, and Bayfront
Conservancy Trust (Attachment AI. In addition, the firms were asked to bid on
reviewing the Transient Occupancy Tax returns of five to seven motels in the City.
However, it was subsequently decided to exclude the Transient Occupancy Tax work
from this contract at this time due to the questionable value of the information
received from this effort in past years.
K../
"G I
, -
Page 2. Item
Meeting Date 5/23/95
~
Seven proposals were received and evaluated by the Selection Committee based on
the following criteria:
A. Prior experience of staff to be assigned.
B. Organization. size, and structure of the audit firm.
C. Qualifications of staff to be assigned to the City's audit.
D. Audit firm's understanding of the work to be performed and
comprehensiveness of audit work plan.
E. Price of the proposal.
The top three rated firms Moreland & Associates, Calderon, Jaham & Osborn, and
KPMG Peat Marwick, were then interviewed by the Selection Committee. Following
this process, the Committee unanimously agreed to recommend the selection of
Moreland & Associates to the City Council.
Not only was Moreland & Associates rated the highest in the technical categories of
experience and understanding of the required work by all three Selection Committee
members, but they also submitted the lowest fee ($39,000) of the firms rated as
qualified. The second lowest cost proposal was submitted by Calderon, Jaham &
Osborn at $40,500.
Moreland & Associates is a regional accounting/auditing firm with offices in Newport
Beach and Carlsbad employing thirty-five professionals dedicated almost exclusively
to local government clients. They currently audit forty-one California cities, thirty-one
redevelopment agencies. and many other governmental entities. Locally, their clients
have included Escondido, Poway, Solana Beach and San Marcos.
FISCAL IMPACT:
The cost of the audit for the fiscal year ended June 30, 1995, will be $39,000
(compared to $51,700 this year). Fees for the two succeeding fiscal years will be
adjusted based on the Consumer Price Index not to exceed 5% per year.
Of the total fees, $23,000 will be paid from the General Fund (compared to $24,000
this year), $6.500 from the Redevelopment Agency (compared to $9,100 this year),
$3,500 from the Bayfront Conservancy Trust (compared to $4,200 this year). $2,000
from the Housing Agency Fund (compared to $3,400 this year), and $4,000 from
Community Development Block Grant (compared to $11,000 this year).
~
IS"~ ;;.
RESOLUTION NO. / 7 'j/99
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT WITH THE
ACCOUNTING FIRM OF MORELAND & ASSOCIATES TO
PROVIDE AUDITING SERVICES FOR FISCAL YEARS
1994-95, 1995-96 AND 1996-97, WITH THE OPTION
TO EXTEND FOR TWO ADDITIONAL YEARS
WHEREAS, Section 1017 of the Chula vista Charter requires
an annual independent audit of the City; and
WHEREAS, the current three-year agreement with Deloitte
& Touche terminates with completion of the June 30, 1994 audit
report; and
WHEREAS, a Request for Proposals to provide
services for the City, Redevelopment Agency, and
Conservancy Trust as sent to 27 auditing firms; and
auditing
Bayfront
WHEREAS, seven proposals were received and evaluated by
a Selection Committee appointed by the city Manager composed of the
Director of Finance, the Senior Accountant, and the Director of
Financing for the city of La Mesa; and
WHEREAS, Moreland & Associates rated the highest in the
technical categories of experience and understanding of the
required work by all three Selection Committee members, and they
submitted the lowest bid ($39,000) of the firms rated as qualified;
and
WHEREAS, this selection process complied with the
purchasing requirements set forth at section 2.56.220 through
2.56.240 of the Chula vista Municipal Code.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula Vista does hereby approve the Agreement with the
accounting firm of Moreland & Associates for fiscal years 1995-95,
1995-96 and 1996-97, with the option to extend for two additional
years, to provide auditing services, a copy of which is on file in
the office of the City Clerk as Document No. (to be completed
by the Clerk in the final document).
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to ex ute said
Agreement on behalf of the City of Chula Vis
Presented by
Bruce M.
Attorney
Robert Powell, Director of
Finance
')
c: \rl\.oreland
.~tr
IS....j
THIS PAGE BUNK
~
IS',; ~
.
Agree=ent between
City of Chula Vista
and
Moreland , Associates
for Audit services
This agreement ("Agree=ent"), dated May 23, 1995 for the
purposes of reference only, and effective as. of the date last
executed unless another date is otherwise specified in Exhibit A,
Paragraph 1 is between the City-related entity as is indicated on
Exhibit A, paragraph 2, as such ("city"), whose business form is
set forth on Exhibit A, paragraph 3, and the entity indicated on
the attached Exhibit A, paragraph 4, as Consultant, whose business
form is set forth on Exhibit A, paragraph 5, and whose place of
business and telephone nu=bers are set forth on Exhibit A,
paragraph 6 ("Consultant"), and is made with reference to the
following facts:
Recitals
Whereas, section 1017 of the City Charter requires the city
council to appoint an independent auditor to audit the annual
financial statements of the City; 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;
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 1
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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
"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.
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 2
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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 categor-
ies, and to the limits specified, policies of which are issued by
Insurance Companies that have a Best's Rating of "A, Class V" or
better, or shall meet with the approval of the city:
statutory Worker's Compensation Insurance and Employer'S
Liability Insurance coverage in the amount set forth in the
attached Exhibit A, Paragraph 9.
commercial General Liability Insurance including Business
Automobile Insurance coverage in the amount set forth in Exhibit
A, Paragraph 9, combined single limit applied separately to each
project away from premises owned or rented by consultant, which
names City and Applicant as an Additional Insured, and which is
primary to any policy which the City may otherwise carry
("Primary coverage"), and which treats the employees of the city
and Applicant in the same manner as members of the general public
("cross-liability coverage").
Errors and Omissions insurance, in the amount set forth in
Exhibit A, Paragraph 9, unless Errors and Omissions coverage is
included in the General Liability policy.
G. Proof of Insurance coverage.
(1) Certificates of Insurance.
Consultant shall demonstrate proof of coverage herein
required, prior to the commencement of services required under
this Agreement, by delivery of Certificates of Insurance
demonstrating same, and further indicating that the policies may
not be canceled without at least thirty (30) days written notice
to the Additional Insured.
(2) Policy Endorsements Required.
2pty9.wp standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 3
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Zn order to demonstrate the Additional Znsured
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 by a surety and in a
form and amount satisfactory to the Risk Manager or City
Attorney' which amount is indicated in the space adjacent to the
term, "Performance Bond", in said Paragraph 19, Exhibit A.
(2) Letter of credit.
In the event that Exhibit A, at Paragraph 19, indicates
the need for Consultant to provide a Letter of Credit (indicated
by a check mark in the parenthetical space immediately preceding
the subparagraph entitled "Letter of Credit"), then Consultant
shall provide to the City an irrevocable letter of credit
callable by the City at their unfettered discretion by submitting
to the bank a letter, signed by the City Manager, stating that
the Consultant is in breach of the terms of this Agreement. The
letter of credit shall be issued by a bank, and be in a form and
amount satisfactory to the Risk Manager or City Attorney which
amount is indicated in 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
1. The City Attorney's Office prefers that you obtain approval of
the surety or bank, the form of the security and the amount of the
security from the Risk Manager in the first instance and not the
City Attorney. The City Attorney's office would be available on
such risk issues as an alternate only if the Risk Manager is
unavailable and the matter can't wait.
2pty9.wp Standard Form Two party Agreement (Fourth Revision)
November 2, 1993 page 4
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city such other security therein listed in a form and amount
satisfactory to the Risk Manager or city Attorney.
~. 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
~herein 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
~roughout the term of the agreement. ~n addition thereto, City
agrees to provide the information, data, items and materials set
forth on Exhibit A, Paragraph 10, and with the further
understanding that delay in the provision of these materials
beyond 30 days after authorization to proceed, shall constitute a
basis for the justifiable delay in the Consultant's performance
of this agreement.
B. compensation
Upon receipt of a properly prepared billing from Consultant
submitted to the City periodically as indicated in Exhibit A,
Paragraph 18, but in no event more frequently than monthly, on
the day of the period indicated in Exhibit A, Paragraph 18, City
shall compensate Consultant for all services rendered by Consult-
ant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship
indicated by a "checkmark" next to the appropriate arrangement,
subject to the requirements for retention set forth in paragraph
19 of Exhibit A, and shall compensate Consultant for out of
pocket expenses as provided in Exhibit A, Paragraph 12.
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
~ereunder 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
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November 2, 1993 Page 5
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Each party designates the individuals ("Contract
Administrators") indicated on Exhibit A, Paragraph 13, as said
party's contract administrator who is authorized by said party to
represent them in the routine administration of this agreement.
4. Term.
This Agreement shall terminate when the Parties have
complied with all executory provisions hereof.
5. Liquidated Damages
The provisions of this section apply if a Liquidated Damages
Rate is provided in Exhibit A, paragraph 14.
It is acknowledged by both parties that time is of the
essence in the completion of this Agreement. It is difficult to
estimate the amount of damages resulting from delay in per-
formance. The parties have used their judgment to arrive at a
reasonable amount to compensate for delay.
Failure to complete the Defined services within the allotted
time period specified in this Agreement shall result in the
following penalty: For each consecutive calendar day in excess
of the time specified for the completion of the respective work
assignment or Deliverable, the consultant shall pay to the City,
or have withheld from monies due, the sum of Liquidated Damages
Rate provided in Exhibit A, Paragraph 14 ("Liquidated Damages
Rate") .
Time extensions for delays beyond the consultant's control,
other than delays caused by the City, shall be requested in
writing to the city's Contract Administrator, or designee, prior
to the expiration of the specified time. Extensions of time,
when granted, will be based upon the effect of delays to the work
and will not be granted for delays to minor portions of work
unless it can be shown that such delays did or will delay the
progress of the work.
6. Financial Interests of consultant
A. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 15, as
an "FPPC filer", consultant is deemed to be a "Consultant" for
the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report economic interests to the
City Clerk on the required statement of Economic Interests in
such reporting categories as are specified in Paragraph 15 of
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 6
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Exhibit A, or if none are specified, then as determined by the
City Attorney.
1
B. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC
Filer, consultant shall not make, or participate in making or in
any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to
know consultant has a financial interest other than the
compensation promised by this Agreeme~t.
C. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant warrants and represents that Consultant has
diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations
promulgated by the Fair Political Practices Commission, and has
determined that Consultant does not, to the best of Consultant's
knowledge, have an ,economic interest which would conflict with
Consultant's duties under this agreement.
D. promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will not acquire, obtain, or assume an economic interest during
the term of this Agreement which would constitute a conflict of
interest as prohibited by the Fair Political Practices Act.
E. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC
Filer, Consultant further warrants and represents that Consultant
will immediately advise the city Attorney of city if Consultant
learns of an economic interest of Consultant's which may result
in a conflict of interest for the purpose of the Fair Political
Practices Act, and regulations promulgated thereunder.
F. specific warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant,
nor Consultant's immediate family members, nor Consultant's
employees or agents ("Consultant Associates") presently have any
interest, directly or indirectly, whatsoever in any property
which may be the subject matter of the 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
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 7
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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
consultant shall defend, indemnify, protect. and hold
harmless the city, its elected and appointed officers and
employees, from and against all claims for damages, liability,
cost and expense (including without limitation attorneys' fees)
arising out of the conduct of the Consultant, or any agent or
employee, subcontractors, or others in connection with the
execution of the work covered by this Agreement, except only for
those claims arising from the sole negligence or sole willful
conduct of the city, its officers, or employees. Consultant's
indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the city, its officers,
agents, or employees in defending against such claims, whether
the same proceed to judgment or not. Further, Consultant at its
own expense shall, upon written request by the City, defend any
such suit or action brought against the City, its officers,
agents, or employees. Consultants' indemnification of city shall.
not be limited by any prior or subsequent declaration by the
Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a
timely and proper manner Consultant's obligations under this
Agreement, or if Consultant shall violate any of the covenants,
agreements or stipUlations of this Agreement, city shall have the
right to terminate this Agreement by giving written notice to
Consultant of such termination and specifying the effective date
2pty9.wp standard Form Two party Agreement (Fourth Revision)
November 2, 1993 page 8
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thereof at least five (5) days before the effective date of such
termination. Xn that event, all finished or unfinished documents,
data, studies, surveys, drawings, maps, reports and other
materials prepared by consultant shall, at the option of the
city, become the property of the city, and Consultant shall be
entitled to receive just and equitable compensation for any work
satisfactorily completed on such documents and other materials up
to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused city by
consultant's breach.
9. Errors and omissions
Xn 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.
Xn that event, all finished and unfinished documents and other
materials described hereinabove shall, at the option of the City,
become city's sole and exclusive property. If the Agreement is
terminated by City as provided in this paragraph, Consultant
shall be entitled to receive just and equitable compensation for
any satisfactory work completed on such documents and other
materials to the effective date of such termination. consultant
hereby expressly waives any and all claims for damages or
compensation arising under this Agreement except as set forth
herein.
11. Assignability
The services of consultant are personal to the city, and
consultant shall not assign any interest in this Agreement, and
shall not transfer any interest in the same (whether by
assignment or novation), without prior written consent of City.
City hereby consents to the assignment of the portions of the
Defined services identified in Exhibit A, Paragraph 17 to the
subconsultants identified thereat as "Permitted SUbconsultants".
12. ownership, publication, Reproduction and Use of Material
2pty9.wp standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 9
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All reports, studies, information, data, statistics, forms,
designs, plans, procedures, systems and any other materials or
properties produced under this Agreement shall be the sole and
exclusive property of city. No such materials or properties
produced in whole or in part under this Agreement shall be
subject to private use, copyrights or patent rights by Consultant
in the United states or in any other country without the express
written consent of City. city shall have unrestricted authority
to publish, disclose (except as may be limited by the provisions
of the public Records Act), distribute, and otherwise use,
copyright or patent, in whole or in part, any such reports, .
studies, data, statistics, forms or other materials or properties
produced under this Agreement.
13. Independent Contractor
City is interested only in the results obtained and
Consultant shall perform as an independent contractor with sole
control of the manner and means of performing the services
required under this Agreement. City maintains the right only to
reject or accept Consultant's work products. Consultant and any
of the Consultant's agents, employees or representatives are, for
all purposes under this Agreement, an independent contractor and
shall not be deemed to be an employee of City, and none of them
shall be entitled to any benefits to which City employees are
entitled including but not limited to, overtime, retirement
benefits, worker's compensation benefits, injury leave or other
leave benefits. Therefore, City will not withhold state or
federal income tax, social security tax or any other payroll tax,
and Consultant shall be solely responsible for the payment of
same and shall hold the City harmless with regard thereto.
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.
Upon request by city, Consultant shall meet and confer in
good faith with City for the purpose of resolving any dispute
over the terms of this Agreement.
15. Attorney's Fees
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 10
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Should a dispute arising out of this Agreement result in
litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense
of the claim, including costs and attorney's fees.
16. Statement of Costs
In the event that Consultant prepares a report or document,
or participates in the preparation of a report or document in
performing the 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, Consult-
ant shall have no authority to act as City'S agent to bind City
to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
If the box on Exhibit A, Paragraph 16 is marked, the
Consultant and/or their principals is/are licensed with the State
of California or some other state as a licensed real estate
broker or salesperson. Otherwise, Consultant represents that
neither Consultant, nor their principals are licensed real estate
brokers or salespersons.
C. Notices
All notices, demands or requests provided for or permitted
to be given pursuant to this Agreement must be in writing. All
notices, demands and requests to be sent to any party shall be
deemed to have been properly given or served if personally served
or deposited in the united States mail, addressed to such party,
postage prepaid, registered or certified, with return receipt
requested, at the addresses identified herein as the places of
business for each of the designated parties.
D. Entire Agreement
This Agreement, together with any other written document
referred to or contemplated herein, embody the entire Agreement
and understanding between the parties relating to the subject
matter hereof. Neither this Agreement nor any provision hereof
may be amended, modified, waived or discharged except by an
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 11
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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.]
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 Page 12
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Signature Page
to
Agreement between city of Chula vista and
.
Moreland & Associates
for Audit Services.
IN WITNESS WHEREOF, City and Consultant have executed this
Agreement thereby indicating that they have read and understood
same, and indicate their full and complete consent to its terms:
Dated:
,19_
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Clerk
Dated:
Moreland & Associates
By:
[name of person, title]
By:
[name of person, title]
Exhibit List to Agreement
(x ) Exhibit A.
( ) Exhibit B:
2pty9.wp Standard Form Two Party Agreement (Fourth Revision)
November 2, 1993 page 13
A:~~
THIS PAGE BUNK
4 /~~
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Exhibit A
to
Agreement between
city of Chula vista
and
Moreland & Associates
1. Effective Date of Agreement: May 23, 1995
2. City-Related Entity:
(x) city of Chula vista, a municipal chartered corporation of
the state of California
() Redevelopment Agency of the city of Chula Vista, a
political subdivision of the state of California
() rndustrial Development Authority of the city of Chula
Vista, a
( )
other:
[insert business form)
a
3. Place of Business for City:
city of Chula vista,
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Moreland & Associates
5. Business Form of Consultant:
( ) Sole Proprietorship
(x) Partnership
( ) corporation
6. Place of Business, Telephone and Fax Number of Consultant:
Moreland & Associates
610 Newport Center Drive, suite 840
Newport Beach, California 92660
Voice Phone (714) 760-9788
Fax Phone (714) 640-2543
7. General Duties:
A. General Scope of Work
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 1
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Consultant shall conduct an audit of the described
activities pursuant to Generally Accepted Auditing
Standards for the fiscal years ending June 30, 1995,
1996, and 1997, and at the city's option, 1998 and 1999.
The audit examination should not include a detailed audit
of all of the transactions recorded in the accounts of
the city, unless otherwise herein specified, but will be
based upon tests of accounting records and other
supporting evidence for selected periods during the
fiscal year under review sufficient to enable the
contracting independent auditor to express an informed
written opinion on:
1. The financial position of the various funds of
the city.
2.
The propriety
followed.
of
accounting principles
3. Compliance with applicable laws.
4. The financial accountability of officers and
employees.
Organizations to be Audited
1. city of Chula vista ( the "city")
2. Redevelopment Agency of the City of Chula
Vista
3. Chula vista Bayfront Conservancy Trust ("BCT")
Additional Special Audits and Services
1. Financial and compliance audits required by
the Single Audit Act of 1984.
2 . Compilation Report for the Chula Vista - El
Dorado Livermore Menlo Park Housing
Finance Agency.
3. Preparation of the Annual State and Federal
Tax Return for the "BCT".
Reports to be Issued
Following the completion of the audit of the fiscal
year's financial statements, the auditor shall issue:
1.
A report on the fair presentation of the
financial statements in conformity with
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form A~reement
Page 2
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generally accepted accounting principles.
2. A report on the internal control structure
based on the auditors understanding of the
control structure and assessment of control
risk.
3. A report on compl iance with appl icable laws
and regulations.
4. A report on the internal control structure
used in administering Federal financial
assistance programs.
5.
A report on compliance
requirements applicable to
financial assistance programs.
with
major
specific
Federal
6. A report on compliance with specific
requirements applicable to nonmajor Federal
financial assistance programs.
7.
A report on
requirements for
Federal financial
compliance with gene~al
both major and nonmaJor
assistance programs.
8. A report on compliance with specific
requirements applicable to the state - Local
Transportation partnership Program.
In the required reports on internal controls
the auditor shall communicate any reportable
conditions found during the audit. A
reportable condition shall be defined as a
significant deficiency in the design or
operation of the internal control structure
which could adversely affect the
organization's ability to record, process,
summarize, and report financial data
consistent with the assertions of management
in the financial statements.
Reportable conditions that are also material
weaknesses shall be identified as such in the
report. Nonreportable conditions discovered by
the auditors shall be reported in a separate
letter to management which shall be referred
to in the reports on internal controls.
The reports on compliance shall include all
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 3
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instances of noncompliance.
Auditors shall be required to make an
immediate written report of all irregularities
and illegal acts or indications of illegal
acts of which they become aware to the city
Council, city Manager, City Attorney and
Director of Finance.
8. . scope of Work and Schedule:
DETAILED SCOPE OF WORK
A. Budget
In accordance with provisions of the Charter of the City
of Chula vista, it is the duty of the city Manager to
prepare and submit to the council the annual budget and
such reports as may be required by that body. The outside
auditor shall examine the final budget document as
approved by the city council and compare the estimated
revenues and' appropriations as shown in the budget
document with the entries recorded on the revenue ledger
and the appropriation ledger maintained by the Finance
department.
B. Funds
The auditor shall examine the City Charter, ordinances or
resolutions, and minutes of the city council pertaining
to all funds of the city to determine the purpose of each
fund and the proper disposition of all funds revenues,
expenditures, and year-end balances. The auditor shall
examine the various fund transactions and balances in
each fund and prepare the appropriate financial
statements for the audit report.
C. Verification of Cash and securities
~. Cash and Checks
The auditor shall count all cash and checks in the
Finance Department as of June 30. The auditor shall
subsequently be satisfied that all items counted
and verified are deposited in the city's depository
bank. Investment securities owned by the City and
held in safekeeping by the City's various banks and
financial institutions shall be verified as to
their existence as of June 30.
Written confirmation shall be obtained from
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 4
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all city depositories of balance on hand at
June 30.
2. surprise Cash Counts
The auditor shall make, during the year, at least
two surprise cash counts of the funds in the
Finance Department in cooperation with staff
members.
3. Collateral Pledged for Funds on Deposit
The auditor shall examine the records of pledged
collateral and. make such tests of depository bank
pooled collateral operations as may be necessary to
express an opinion as to the legal sufficiency of
the collateral to safeguard the city of Chula
vista's bank deposits.
4. Accounting Records
The auditor shall examine the City's internal
accounting and administrative controls to determine
that accounting procedures are adequate to
safeguard assets and provide reasonable assurance
of proper recording of financial transactions.
D. Assets
1. Cash and Investments
Treasury and investment operations are the
responsibility of the Finance Department. The
auditors shall verify the cash balances and the
existence of the investments. The investments
market value shall be reviewed and compared to book
value. The auditor shall review balances as of June
30 and investments earnings recorded during the
fiscal year. The footnote disclosure shall be in
compliance with GASB #3.
2. Fixed Assets
The auditor shall examine the procedures for
recording the acquisition of and the disposal of
property owned by the city. The auditor shall
compare the annual inventories of property with the
controls maintained by the Finance Department. The
auditor shall review the transactions involving
fixed assets to the extent necessary to assure that
2PTY9-A.wp
November 2, 1993
Exhibit A to standard Form Agreement
Page 5
~
u -':J
/~~
accountability for fixed assets is maintained.
E. Liabilities
1. Accounts Payable
The auditor shall make a sufficient examination of
accounts payable to enable them to determine that,
in general, they bear evidence of verification and
approval with supporting documents such as purchase
orders, vendor's invoices, receiving reports,
transportation bills, contracts and other documents
where necessary. The auditor shall also be
satisfied that the claims were charged against the
proper departmental appropriations and that funds
were available at the date the purchase was made.
2. Bonded Debt
The auditor shall examine the amount of bonded debt
of the City and the outstanding debt determined by
the auditor should be reconciled to the accounting
records of the city by fund and amount outstanding
on June 30.
3. Reserves for Uncompleted Purchase Orders and
Encumbrances
The auditor shall examine documents supporting
reserves for uncompleted purchase orders and
encumbrances to determine that such reserves are
adequate and properly recorded.
4. Other Liabilities and Deferred Credits
The auditor shall be satisfied as to the fairness
of the accounts representing other liabilities and
deferred credits.
F. Fund Balances
The auditor shall examine revenues and expenditures by
funds and analyze the changes in fund balances for the
financial statement of each fund in the audit report.
G. single Audit Act
The independent auditor shall perform a financial and
compliance audit under the Single Audit Act of 1984. The
audit shall be made in accordance with the Standards for
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 6
~
I~'~~
Audit of Governmental organizations, Programs,
Activities, and Functions, issued by the U.S. General
Accounting Office, and the provisions of the U.S. Office
of Management and Budget (OMB) Circular A-128, Audits of
state and Local Governments.
Chula vista's cognizant agency is the U.S.
Department of Housing and Urban Development (HUD).
SCHEDULE
A. Date for Commencement of Consultant Services:
(x) Same as Effective Date of Agreement
( ) other:
B. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: city Financial Statements - Nov. 15
Deliverable No.2: RDA Financial Statements - Oct. 31
Deliverable No.3: Single Audit Report - Nov. 30
Deliverable No.4: BCT Financial Statements - Nov. 30
C. Date for completion of all Consultant services:
9. Insurance Requirements:
(x) statutory Worker's compensation Insurance
(x) Employer's Liability Insurance coverage: $1,000,000.
( ), Commercial General Liability Insurance: $1,000,000.
() Errors and omissions insurance: None Required (included
in Commercial General Liability coverage).
(x) Errors and Omissions Insurance: $250,000 (not included
in commercial General Liability coverage).
10. Materials Required to be Supplied by city to Consultant:
A. The city will prepare the following statements and
schedules for the auditor. Additional statements or
schedules may be prepared if mutually agreed upon in
advance.
General purpose Financial statements
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 7
,(, ;.~
I.f""~~
Bank Reconciliation
Property Tax Schedule
Cash with Fiscal
Age nt/ T r u s tee
Transactions
operating Transfersl
Residual Equity Transfers
GFAAG Summary of
Transactions
GLTDAG Summary
Transactions
Budget Transfers
TOT Monthly Revenue by
Source
Accounts Receivable
Accounts Payable
Advances Receivable & Payable between Funds
Reconciliation of General Fund & RDA Fund Balances
PERS summary of Covered Payroll and contributions
of
Cash and Investments
Interest Income detail
Arbitrage calculations
compensated Absences
Loans Receivable & payable
&
Single Audit
Schedule of Federal Financial Assistance (SFFA)
Redevelopment Agency
Balance Sheets
Statement of Revenues and Expenditures
Loans Receivable & Payable
Advances Receivable & Payable between Funds
B. Work Area, Telephones, Photocopying and FAX Machines
The City will provide the
space, desks and chairs.
provided with access to a
machine and FAX machine.
auditor with reasonable work
The auditor will also be
telephone line, photocopying
Long Distance telephone and/or FAX communications will be
charged to the auditor
11. Compensation:
A. (x) Single Fixed Fee Arrangement.
For performance of all of the Defined services by Consultant
for the fiscal year 1994-95 audit as herein required, City shall
pay a single fixed fee in the amounts and at the times or
milestones or for the Deliverables set forth below:
single Fixed Fee Amount: $39,000, payable as fol~ows:
2PTY9-A.WP
November 2, 1993
Exhibit A to standard Form Agreement
page 8
~
IS~>
~ilestone or Event or Deliverable
city Financial statements
RDA Financial statements
single Audit Report
BCT Financial statement
Housing compilation Report
Amount or Percent of Fixed Fee
$23,000
$ 6,500
$ 4,000
$ 3,500
$ 2,000
For each fiscal year thereafter, including any option years, the
compensation amount shall be increased by the lessor of the
increase in the Consumer Price Index - All Urban (Dec. to Dec.) or
5 percent.
2PTY9-A. wp
November 2, 1993
Exhibit A to standard Form Agreement
Page 9
r f~~~
Rate Schedulel
Category of Employee
of Consultant
Name
Hourly
Rate
$110
$ 90
$ 60
$ 55
$ 20
Partner
Manager
Senior Accountant
Clerical
Assistant Accountant
(
) Hourly rates may increase
rendered after [month], 19
services is caused by City.
by 6\ for services
, if delay in providing
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant
in the performance of services herein required, City shall pay
Consultant at the rates or amounts set forth below:
(x) None, the compensation includes all costs.
( )
( )
( )
( )
( )
( )
( )
( )
Cost or Rate
Reports, not to exceed $
copies, not to exceed $
Travel, not to .exceed $
Printing, not to exceed $
Postage, not to exceed $ :
Delivery, not to exceed $ :
Long Distance Telephone Charges,
not to exceed $ .
Other Actual Identifiable Direct
, not to exceed $
, not to exceed $
.
.
.
.
.
.
.
.
Costs:
.
.
.
.
1. This section should be completed in all cases--if the main
compensation scheme is a "time and materials arrangement" or for
the purposes of requiring Additional Services.
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 10
~
~~
13. Contract Administrators:
city: Robert W. Powell, city Finance Director
Consultant: Patricia Rives, Partner, Moreland & Associates
14. Liquidated Damages Rate:
( ) $ per day.
( ) Other:
15. statement of Economic Interests, Consultant Reporting
Categories, per Conflict of Interest Code:
(x) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) category No. lo Investments and sources of income.
( ) category No. 2. Interests in real property.
( ) category No. 3. Investments, interest in real
property and sources of income subject to the
regulatory, permi t or licensing authority of the
department.
(
) Category No.
and sources
development,
sale of real
4. Investments in business entities
of income which engage in land
construction or the acquisition or
property.
( ) category No.5. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide
services, supplies, materials, machinery or
equipment.
( ) category No.6. Investments in business entities
and sources of income of the type which, within the
past two years, have contracted with the designated
employee's department to provide services,
supplies, materials, machinery or equipment.
( ) category No.7. Business positions.
( ) List "Consultant Associates" interests in real property
within 2 radial miles of project Property, if any:
2PTY9-A.wp
November 2, 1993
Exhibit A to standard Form Agreement
Page 11
. f ~~J.~
16. ( ) Consultant is Real Estate Broker andlor Salesman
17. Permitted Subconsultants:
18. 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: Various
19. Security for Performance
( ) Performance Bond, $
( ) Letter of credit, $
( ) Other Security:
Type:
Amount: $
(x) Retention. If this space is checked, then
notwi thstanding other provisions to the contrary.
requiring the payment of compensation to the Consultant
sooner, the city shall be entitled to retain, at their
option, either the following "Retention Percentage" or
"Retention Amount" until the City determines that the
Retention Release Event, listed below, has occurred:
(x) Retention percentage: 10\
( .) Retention Amount: $
Retention Release Event:
(x) Completion of All Consultant Services
2PTY9-A.wp
November 2, 1993
Exhibit A to Standard Form Agreement
Page 12
~
I ~ -dD
( ) Other:
2PTY9-A.WP Exhibit A to standard Form Agreement
November 2, 1993 Page 13
6 7/
I s-:- 3 )
THIS PAGE BUNK
~
) ~ - .3-;'-
Filipovitch & Blush
Certified Public Accountants
Attn: Stan Blush
Suite D-2
325 Carlsbad Village Drive
Carlsbad, CA 92008
(619) 434-3196
Brownell & Duffey
Certified Public Accountants
Suite 314
2204 EI Camino Real
Oceanside CA 92054
(619) 967-9933
McGladrey & Pullen
Suite 1150
3111 Camino del Rio No
San Diego, CA 92108
(619)280-3022
Thomas, Bigbie & Smith*
4201 Brockton Avenue, Suite 100
Riverside, Ca. 92501
(909)682-4851
Fax (909)682-6569
Corbin & Werrtz
4370 la Jolla Village Dr Ste 600
San Diego, Ca 92122 .
(619) 546-4880
Fax (619)546-1405
R. Navarro & Associates, Inc.
2831 Camino del Rio So.
San Diego, Ca 92108
(619)298-8193
Fax 294-4579
Caporicci & Larson
Three Hutton Centre Drive Ste 630
Santa Ana, Ca 92707
(714)436-0927
(714)436-0716 Fax
Moss, Levy & Hartzheim*
9465 Wilshire Blvd, Ste 915
Beverly Hills, Ca 90212
(310)275-3883
(310)275-0143 Fax
Goodsell, Morris & Lofgren
9605 Scranton Rd, Ste 400
San Diego, Ca 92121
Attn: Roger S. Gordon
455-0802
455-0898Fax
Martinez, Armando & Co
365 Church Ave
Chula Vista, CA 91910
619-427-1981
Vavrinek, Trine, Day & Co*
8270 Aspen St
Rancho Cucamonga, Ca 91729-4407
(909)466-4410
(909)466-4431 FAx
Strong & Veleker, CPA's
345 F ST
Chula Vista, Ca 91910
(619)427-6304
Leonard C. Sonnenberg, CPA
7490 Opportunity Road Sutie, 201
San Diego, Ca 92111
(619)571-3833
(800)464-4462(HOA)
(800)303-4329(FAX)
* Audit Firms that Responded
** Audit Firms Selected for
Interview
Attachment. A.
't ;J:l
J~ ' 33
THIS PAGE BUNK
~
)S"3'f
CITY COUNCIL AGENDA STATEMENT
Item /0
.
Meeting Date 06/06/95
ITEM TITLE:
RESOLUTION Approving the FY 1995-1999 Consolidated Plan including
both the FY 1995-1996 Community Development Block Grant (CDBG) and
HOME Investment Partnership (HOME) program budgets and authorizing
transmittal of FY 1995-1999 Consolidated Plan to the U.S. Department of
Housing and Urban Development (~Uf)'
Community Development Director t)IJ
City Manager y'
(4/5ths Vote: Yes
No X)
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
The City Council held a public hearing on May 16, 1995 to review and receive public comment on the
draft Consolidated Plan for fiscal years 1995 through 1999 and to review all projects and programs
being considered for CDBG and HOME funding. The 30-day comment period to review the draft
Consolidated Plan began on May 6 and ended June 5, 1995. Any public comments received late in the
30-day comment period that would possibly alter the final version of the Consolidated Plan will be
discussed by staff at the June 6 Council meeting.
Staff is recommending that the City Council approve the Consolidated Plan which includes staff
recommendations for both the CDBG and HOME programs for 1995-96. These recommendations can
be found in the Action Plan section of the Consolidated Plan and are also described in this report.
The City of Chula Vista is eligible to receive $2,162,000 in CDBG entitlement funds from HUD for
1995-96 and will have available $116,825 in reallocation or surplus funds from completed programs and
projects for a grand total of $2,278,825. In addition to CDBG, the City will receive $708,000 in
HOME funds from HUD for 1995-96. Combining both CDBG and HOME, the City will be able to
invest into the community an estimated grand total of $2,986,825 in HUD funds for 1995-96.
RECOMMENDATION: That the Council adopt the resolution approving the Consolidated Plan fiscal
years 1995 through 1999 including both the 1995-1996 Community Development Block Grant (CDBG)
and HOME Investment Partnership (HOME) program budgets and authorizing transmittal of the
Consolidated Plan for fiscal years 1995 through 1999 to the U.S. Department of Housing and Urban
Development.
BOARDS/COMMISSIONS RECOMMENDATION: A CDBG ad-hoc committee conslstmg of
members from the Commission on Aging, Human Relations, Child Care Commission and Youth
Commission have reviewed the CDBG social service funding requests and have made funding
recommendations (see Exhibit 1). The committee's recommendations are also repeated in this staff
report when the individual social service funding requests are discussed. The Housing Advisory
Commission (HAC) reviewed the housing related proposals and made funding recommendations (see
/0-/
Page 2, Item /0
Meeting Date 06/06/95
attached minutes, Exhibit 2). In addition, the HAC reviewed the draft Consolidated Plan on May 24,
1995.
DISCUSSION:
This report will discuss the following topics:
. Part A: The Consolidated Plan, the HUD-required multi-year planning document and
annual application document for the City's CDBG and HOME programs.
. Part B: The Proposed 1995-96 CDBG Budget, which includes funding for the categories
of Administration and Planning, Social Service Funding, Capital Improvement Projects,
and Community Projects.
. Part C: The Proposed 1995-96 HOME Budget, which includes funding for the categories
of Administration and Planning, Community Housing Development Organizations
(CHDOs), and Affordable Housing Projects.
Graphic exhibits have been prepared and attached to aid in the understanding of the CDBG and HOME
Budgets. Also. please note that substantial detail on all of the components of the CDBG Budget is
provided in the CDBG Budget Notebook that was distributed to the Council for the Mav 16. 1995 public
hearing.
PART A: CONSOLIDATED PLAN (for Fiscal Years 1995 throul!h 1999) (Draft document attached)
The Consolidated Plan introduces a new consolidated process from HUD that replaces all current
planning and application requirements of four formula programs with a single submission. These
programs are the CDBG, HOME, Emergency Shelter Grant (ESG), and Housing For Persons With
AIDS (HOPW A) programs. Because the City of Chula Vista is an entitlement jurisdiction for only the
CDBG and HOME programs, it is these two programs only that will be consolidated under the
Consolidated Plan. This does not preclude, however, the City or any local non-profit organizations
from applying during the Plan period for ESG and HOPW A funds on a competitive basis with other
jurisdictions.
HUD is requiring that all jurisdictions submit a Consolidated Plan for FY 1995-1999. This plan must
be approved by HUD before any federal HUD funds will be made available for expenditure by the City.
It is hoped that through this document and other efforts HUD is implementing that jurisdictions will
be relieved of repetitive and burdensome planning and reporting requirements. This process will also
assist jurisdictions to coordinate and manage all federal resource programs under one consolidated
approach.
The Consolidated Plan replaces the Comprehensive Housing Affordability Strategy (CHAS). Much like
the old CHAS, the new Consolidated Plan is a planning document that identifies Chula Vista's overall
housing and community development needs, outlines a five year strategy to address those needs, and
/~ -- 2--
Page 3, Item~
Meeting Date 06/06/95
describes a one year action plan for the expenditure of all Federal HUD resources. Again, for the City
of Chula Vista, these resources are the CDBG and HOME programs.
Per HUD regulations, the City must hold a 30-day comment period for the public to review the
Consolidated Plan and make comments or suggest changes. This 30-day period started May 6, 1995
and ended June 5, 1995. All comments andlor suggestions received orally or in writing from the public
will be recorded in the appendix of the document whether utilized in the final version of the document
or not.
PART B: PROPOSED 1995-96 CDBG BUDGET
Please see Exhibit 3: CDBG Budget for a graphic representation of the various funding categories and
specific proposals for CDBG funding. It is hoped that this exhibit will help the Council in evaluating
any desired modifications to the staff-recommended budget.
For the 1995-96 CDBG program, the City of Chula Vista has total estimated revenue of $2,278,825
including entitlement and reallocation funds. The staff-recommended CDBG budget is summarized as
follows:
I CDnG..nudg~t1995-96 I
Funding Category Number of Requests Recommended Funding
Administration and Planning 5 $301,500
Social Services 29 $324,300
Capital Improvement Projects 4 $1,160,225
Community Projects 7 $492,800
TOTAL A5 $2,278,825
In order to be eligible for CDBG funding, a product or service must address at least one of the CDBG
national objectives, which are: I) benefit primarily low and moderate income families; 2) aid in the
prevention or elimination of slums or blight; 3) meet other community needs having a particular
urgency. All of the projects recommended for funding meet the national objective of primary benefit
to low and moderate income families, except for the SBCS Graffiti Eradication Program, which meets
the national objective to aid in the prevention of slums and blight.
In 1993, the City Council adopted the 1993-94 to 1995-96 Community Development Plan (see Exhibit
1). This plan outlines the City's specific community development goals and objectives for the CDBG
program and provides guidance for making allocation decisions. All of the CDBG projects and services
/~~3
Page 4, Item~
Meeting Date 06/06/95
recommended for funding in this report meet the goals and objectives of the 1993-96 Community
Development Plan.
CDBG FUNDING CATEGORIES
ADMINISTRATION AND PLANNING:
$301.500
The recommended budget for Administration and Planning is $301,500. The proposed budget for
1995-96 includes $220,000 for program and staff administration. These administrative costs represents
approximately 10 percent of the entitlement funds and includes staff costs for coordination, accounting,
monitoring sub-recipients, environmental review, and reporting requirements. Please note that, with
the exception of the Chula Vista Fair Housing Program, none of these funding proposals were reviewed
by any advisory body.
HUD regulations limit expenditures in this category to 20% of the annual CDBG entitlement
amount.
In addition to program and staff administration, staff recommends funding for five organizations who
are requesting funding for administrative and planning activities, as follows:
Chula Vista Fair Housing Program
Requested: $50,626 HAC Recommendation: $36,000 Staff Recommendation: $36,000
(Housing Advisory Commission)
PURPOSE: To provide a comprehensive fair housing program, including education and outreach, a
tenant-landlord hotline, follow-up on discrimination complaints and rental dwelling discrimination testing.
RATIONALE: This program is designed to fulfill all of the City's responsibilities and obligations for
fair housing education and enforcement, as required by HUD for the City to be eligible for CDBG funds.
An increase of $3,000 was recommended by the Housing Advisory Commission to be given to this
organization from last year's funding amount ($33,000) due to the importance of the work done by the
program and the great need in the housing environment to address housing discrimination. Staff concurs
with the Commission's recommendation.
Chula Vista Human Services Council (CVHSC)
Request: $28,000
Staff Recommendation: $24,000
PURPOSE: The Human Services Council builds coalitions among Chula Vista area social service
providers in order to bring more funding for needed services into the South Bay. The funds are
requested to hire a part-time coordinator.
RATIONALE: The Human Services Council, through Project CARE, a community effort to check on
and provide services to elderly who are isolated in their homes, has demonstrated its ability to make
coalition projects work and to bring more resources to South Bay agencies. This allocation will allow
/(; - '-I
Page 5, Item~
Meeting Date 06/06/95
the CVHSC to hire a part-time staff person. The amount of funding recommended is the same amount
as last year.
Parks and Recreation Human Services Coordinator
Requested: $15,000
Staff Recommendation: $15,000
PURPOSE: To coordinate information and referral by human service agencies at the Norman Park
Senior Center and facilitate the provision of social services.
RATIONALE: In addition to the above valuable coordination, this person will assist with sub-recipient
monitoring and overall staff coordination of CDBG funded social service programs, which will allow
staff to comply with HUD monitoring requirements.
San Diego Regional Task Force on the Homeless (RTFH)
Requested: $1,000
Staff Recommendation: $1,000
PURPOSE: The RTFH builds regional cooperation among local govermnents and the private sector in
addressing homelessness issues. The RTFH also conducts and publishes special studies which are
regularly incorporated into local documents such as the Housing Element, Consolidated Plan and grant
proposals for federal and state funding.
RATIONALE: Staffrecommends full funding due to minimal amount requested and value derived from
assistance with reporting responsibilities.
MAAC Project - Lead-Based Paint Testing
Requested: $50,000
Staff Recommendation: $5,500
PURPOSE: Funds are to provide written assessments of lead contaminated homes in the City. MAAC
Project is EP A qualified and state certified for Lead Base Paint Abatement.
RATIONALE: The recommended amount of funding would provide enough assessments so that lead-
based paint testing could be integrated into the City's housing rehabilitation program. Although a City-
wide program is viewed as valuable, its high cost is considered prohibitive at this time.
SOCIAL SERVICE FUNDING REOUESTS:
$324,300
The recommended budget for Social Services is $324,300. The City received 33 eligible requests for
social services funding from non-profit community organizations, totalling over $659,592. Programs that
are eligible for public service funds are those programs run by non-profit organizations that provide a
direct public or social service to low income persons of the community. Staff recommendations for
public service funding, along with the CDBG ad hoc committee's recommendations, are summarized
below.
.......... .................... ... ...... .. ..... ....... ..,...................... ...,,,..'.,...................., ....... ..........,. ,..,....,................ ....."'1..5~i!............v'"........ .........................'J............. .......... .. ........ .
'BURtt' ... ....... ... r .. {... ... ... ...... t ... ... ... ......... .tll ...........t.. ... ... ...{ .. . '!ct> to ... .... . . ... ...... .CDBG ...titlt
~1~~II_I~11~~~11~II.l~.ir~i~~I~.'ii~[6111~i~~illllill~il~ll~ilil~
/6 ---5
Page 6, ItemA
Meeting Date 06/06/95
Ili~~'r~tlllil~ill"I~~I~II~ltlll~l1lr~il'11111~ll'1~lrilll'lillf~91~jt
Methodology for Making Recommendations: In developing staff recommendations, staff utilized the
following principles:
I. The recommendations of the CDBG ad-hoc committee constituted a valuable guide from citizens
conversant in the categories of social service need in the Chula Vista community and should be
the starting point for consideration of funding levels, while recognizing that some significant
exceptions might be appropriate where important information might exist which fell outside the
normal purview of the ad-hoc committee.
2. The COPS Program offered an opportunity for the City to obtain the community-enhancing
services of four new community service police officers if the City was able to match federal
funds, with the only practical source of funds being the CDBG social service category.
3. Recommended funding levels for social services should not be below levels that made the offered
CDBG-eligible activities infeasible.
4. Funding preference should go to programs which best met the criteria of providing new services
to Chula Vista, providing services from a local base, not duplicating existing services, and having
a successful track record. These criteria can sometimes be in conflict, and their application
requires a careful balancing.
The above principles were utilized as follows:
a) Staff started with the recommendations of the ad-hoc committee, which often varied
substantially from the amounts requested by the organizations;
b) Staff recommended full funding for the COPS Program ($120,000) and subtracted that
amount from the available social service funding under the 15% cap
($324,300-$120,000=$204,300), which represented a 37% reduction in available social
service funding.
c) Staff reduced most requests by 40% from the levels recommended by the ad-hoc
committee, while making exceptions in certain cases based on the principles identified in
Number 3 and Number 4 above.
Funding Recommendations: All of the programs requesting funds are identified below. The
information provided includes the amount offunds requested, the funding recommendation of the CDBG
ad-hoc committee, and the staff funding recommendation. Again, most staff recommendations reflect
a 40% reduction from the ad-hoc committee recommendation. Exceptions are explained.
1'1~I~ii~~r'~II_~~~lli~rl~lIi~II~~~~ill~llitlli~11t~1~1illllllll
/~ -0
Page 7, Item~
Meeting Date 06/06/95
Also, please note that the CDBG Budget Notebook previously provided to the Council contains detailed
information about the requesting organizations and their programs.
Access Center of San Diego - CV Job Club (See Blue Notebook - Tab #1)
Request: $10,000 Committee Recommendation: $0 Staff Recommendation: $4,880
Staff recommends $4,880 in funding. The CDBG ad hoc committee recommended no funding to this
organization based on the fact that this agency mostly serves the San Diego area and that these services
are duplicative. Staff feels these services to the disabled of Chula Vista are not a duplication due to the
large demand for these specialized type of services. The Access Center also operates a smaller local
office which is located in Chula Vista. In addition, this program has an outstanding track record with
the City for the last 5+ years.
Adult Protective Services - SB Adult Health Care Center (See Tab #2)
Request: $12,000 Committee Recommendation: $12,000 Staff Recommendation: $7,200
This program successfully provides a much-needed service by providing adult day care. Staff
recommends a 40% reduction from the committee recommendation to allow for funding other programs.
AIDS Foundation of San Diego - Case Management & Social Services Expansion
Request: $10,000 Committee Recommendation: $10,000 Staff Recommendation: $6,000
The AIDS Foundation of San Diego is the only organization which provides services to persons with
AIDS/HIV in Chula Vista. Staff recommends a 40% reduction from the committee recommendation to
allow funding for other programs.
Alzheimer's Family Centers - Day CarelTransportation (See Tab #14)
Request: $20,000 Committee Recommendation: $10,000 Staff Recommendation: $6,000
This program successfully provides a much-needed service by providing adult day care for patients with
Alzheimer's disease and related disorders. Staff recommends a 40% reduction from the committee
recommendation to allow for funding other programs.
Ita - 7
Page 8, Itemk
Meeting Date 06/06/95
Boys & Girls Club - Fine Arts (See Tab #5)
Request: $14,415 Committee Recommendation: $11,000
Staff Recommendation: $6,600
This program successfully provides a much-needed service by providing fine art activities to low income
youth. Staff recommends a 40% reduction from the committee recommendation to allow for funding
other programs.
Boys & Girls Club- Funshine Camp (See Tab #4)
Request: $15,180 Committee Recommendation: $13,000
Staff Recommendation: $7,800
This program successfully provides a much-needed service by providing summer day camp activities to
low income youth. Staff recommends a 40% reduction from the committee recommendation to allow
for funding other programs.
Center for Women's Studies & Services - Project Safehouse (See Tab #7)
Request: $10,000 Committee Recommendation: $10,000 Staff Recommendation: $6,000
This program successfully provides a much-needed service by providing shelter for battered women.
Staff recommends a 40% reduction from the committee recommendation to allow for funding other
programs.
Chula Vista Connection - Day Care (See Tab #8)
Request: $30,000 Committee Recommendation: $0
Staff Recommendation: $12,000
Staff recommends $12,000 in funding for this valuable day care program, which should be sufficient
funds, when combined with private fund-raising and continued efforts by the center to help its clients
access other day care subsidies, to keep the center operating. The funds are recommended to be
approved on the condition that the center presents a management/financial plan acceptable to the Citv.
It is staff s understanding that Chula Vista Connection is currently exploring the possibility of creating
a relationship with another local agency that might provide a strengthening in the area of financial
management.
Chula Vista Police Dept.- Police Activities League (See Tab #11)
Request: $23,000 Committee Recommendation: $12,000
Staff Recommendation: $7,200
This program successfully provides a much-needed service by providing recreational activities to at- risk
and low income youth. Staff recommends a 40% reduction from the committee recommendation to
allow for funding other programs.
Chula Vista Police/Fire Depts- CAST (See Tab #6)
Request: $4,000 Committee Recommendation: $4,000
Staff Recommendation: $2,400
This program successfully provides a much-needed service by providing support and assistance to
families and victims of trauma. Staff recommends a 40% reduction from the committee recommendation
to allow for funding other programs.
/~-f
Page 9, Item /6
Meeting Date 06/06/95
Chula Vista Police Dept.- COPS (See Tab #33)
Request: $120,000 Committee Recommendation: N/A
Staff Recommendation: $120,000
The COPS Program offered an opportunity for the City to obtain the community-enhancing services of
four new community service police officers if the City was able to match federal funds, with the only
practical source of funds being the CDBG social service category. Exhibit 5 is a copy ofa letter (copied
to the Council) from the South Bay Directors Council to social service providers expressing concern that
the funding of this program from the CDBG Program could lead to the possible erosion of CDBG social
service funding for other social service programs over a three-year period. The genesis of this concern
seems to be the fact that the COPS Program requires the federal COPS Program funding to decrease each
year of the three-year grant program, so that at the end of the three-year grant program the funding
would be entirely local. The Directors Council seems to assume that the source of the increasing local
match would be the social service funding component of the CDBG Program. It should be recognized
that the CDBG funding request from the Police Department for this program indicates that the following
future CDBG funding requests are anticipated to be requested: 1996-97--$120,000; 1997-98--$120,000;
1998-99--$0. Although it is clear that additional local matching funds will be required for the next two
COPS Program years, there has been no staff proposal or intention expressed to fund additional amounts
in future years, whether at the $120,000 level or any higher level.
Chula Vista Police Dept.- Intervention Team (See Tab #10)
Request: $20,000 Committee Recommendation: $13,000
Staff Recommendation: $7,800
This program successfully provides a much-needed service by providing crisis intervention services to
victims and perpetrators. Staff recommends a 40% reduction from the committee recommendation to
allow for funding other programs.
Chula Vista Library - Literacy Team (See Tab #9)
Request: $43,000 Committee Recommendation: $29,700 Staff Recommendation: $17,820
This program successfully provides a much-needed service by providing literacy services to the entire
community. Staff recommends a 40% reduction from the committee recommendation to allow for
funding other programs.
County Department of Social Services - DADS Program (See Tab #12)
Request: $18,600 Committee Recommendation: $7,000 Staff Recommendation: $0
Staff recommends no funding for this program due to services, for the most part, not being provided
directly in Chula Vista.
Episcopal Community Services - Outreach Health Education (See Tab #13)
Request: $20,000 Committee Recommendation: $11,000 Staff Recommendation: $6,600
This program successfully provides a much-needed service by providing health education services and
information to the Otay Community. Staff recommends a 40% reduction from the committee
recommendation to allow for funding other programs.
/~- /
Page 10, Item..&-
Meeting Date 06/06/95
Jobs for Youth - Temporary Employment (See Tab #15)
Request: $3,100 Committee Recommendation: $3,100
Staff Recommendation: $3,100
Staff recommends full funding for this program due to the fact that it provides the valuable preventative
service of securing summer jobs for youth, because it is very "lean" and well run, and because it has no
other practical sources of funds. The program would not be feasible if it received a reduced grant.
Lutheran Social Services - Project Hand (See Tab #17)
Request: $20,000 Committee Recommendation: $18,000 Staff Recommendation: $10,800
This program successfully provides a much-needed service by providing emergency food and clothing
assistance to the homeless. Staff recommends a 40% reduction from the committee recommendation to
allow for funding other programs.
LLC/SDI - Literacy Center (See Tab #16)
Request: $1,500 Committee Recommendation: $1,500
Staff Recommendation: $1,500
Staff recommends full funding due to small amount of funding requested. In addition, all funds will go
towards the purchase of materials. All work is done on a volunteer basis.
Latino Real Estate Association - Vivienda/Auxiliar (See Tab #19)
Request: $31,700 Committee Recommendation: $0
Staff Recommendation: $0
Staff recommends no funding for this program due to the fact that the services offered are duplicative
of services already provided by private lenders under CRA requirements and by South Bay Community
Services.
MAAC Project - Otay Community Act Partnership Program (See Tab #18)
Request: $18,887 Committee Recommendation: $9,000 Staff Recommendation: $5,400
This program successfully provides a much-needed service by providing recreational activities to low
income youth in Otay Town. Staff recommends a 40% reduction from the committee recommendation
to allow for funding other programs.
San Diego Home Loan Counseling Service (See Tab #20)
Request: $6,000 Committee Recommendation: $0
Staff Recommendation: $0
Staff recommends no funding for this program due to the fact that the services offered are duplicative
of services already provided by private lenders under CRA requirements and by South Bay Community
Services.
/b - It)
Page 11, Item-&
Meeting Date 06/06/95
Senior Adult Services - Meals on Wheels (See Tab #21)
Request: $12,000 Committee Recommendation: $12,000
Staff Recommendation: $7,200
This program successfully provides a much-needed service by providing home-delivered meals to seniors.
Staff recommends a 40% reduction from the committee recommendation to allow for funding other
programs.
So. Bay Family YMCA - Youth Action Program (See Tab #29)
Request: $15,000 Committee Recommendation: $12,000
Staff Recommendation: $7,200
This program successfully provides a much-needed service by providing after-school recreational
activities to low income youth. Staff recommends a 40% reduction from the committee recommendation
to allow for funding other programs.
So. Bay Family YMCA - Summer Camp (See Tab #31)
Request: $8,500 Committee Recommendation: $8,000
Staff Recommendation: $0
This program is parallel to summer camp programs offered by the City, thus it is considered to be
duplicative. Additionally, the site of this day care is located in a non low and moderate income area
making benefit to these income groups difficult. Staff recommends no funding.
So. Bay Family YMCA - Child Care (See Tab #30)
Request: $27,091 Committee Recommendation: $18,000 Staff Recommendation: $10,800
This program successfully provides a much-needed service by providing after-school child care services
to low income families. Staff recommends a 40% reduction from the committee recommendation to
allow for funding other programs.
South County Council on Aging - Shared Housing (See Tab #24)
Request: $14,000 Committee Recommendation: $7,000
Staff Recommendation: $4,200
This program successfully provides a much-needed service by providing services that match low income
seniors looking for housing. Staff recommends a 40% reduction from the committee recommendation
to allow for funding other programs.
South Bay Community Services - Thursday's Meal (See Tab #22)
Request: $5,000 Committee Recommendation: $5,000
Staff Recommendation: $3,000
This program successfully provides a much-needed service by providing hot meals to the homeless. Staff
recommends a 40% reduction from the committee recommendation to allow for funding other programs.
1& - II
Page 12, ItemK
Meeting Date 06/06/95
South Bay Community Services - Casa Nuestra Youth Shelter (See Tab #23)
Request: $19,000 Committee Recommendation: $15,000 Staff Recommendation: $9,000
This program successfully provides a much-needed service by providing emergency shelter to runaway
and throwaway youth. Staff recommends a 40% reduction from the committee recommendation to allow
for funding other programs.
Sweetwater Union High School District - Gang Prevention (See Tab #25)
Request: $25,000 Committee Recommendation: $12,000 Staff Recommendation: $7,200
This program successfully provides a much-needed service by providing gang prevention services to at
risk youth. Staff recommends a 40% reduction from the committee recommendation to allow for funding
other programs.
Vista Square Health - Child Care (See Tab #26)
Request: $7,000 Committee Recommendation: $7,000
Staff Recommendation: $4,200
This program successfully provides a much-needed service by providing child care to low income
families. Staff recommends a 40% reduction from the committee recommendation to allow for funding
other programs.
Woodlawn Park Civic League - Woodlawn Park Community Center (See Tab #27)
Request: $26,000 Committee Recommendation: $23,000 Staff Recommendation: $13,800
This program successfully provides a much-needed service by providing recreational and other activities
to low income youth and seniors. Staff recommends a 40% reduction from the committee
recommendation to allow for funding other programs.
YMCA Family Stress Center - Psychotherapy Services (See Tab #28)
Request: $39,619 Committee Recommendation: $21,000 Staff Recommendation: $12,600
This program successfully provides a much-needed service by providing psychotherapy services to the
community. Staff recommends a 40% reduction from the committee recommendation to allow for
funding other programs.
YWCA of San Diego County - Domestic Violence & Treatment Program
Request: $10,000 Committee Recommendation: $10,000 Staff Recommendation: $6,000
This program successfully provides a much-needed service by providing domestic violence services to
the community. Staff recommends a 40% reduction from the committee recommendation to allow for
funding other programs.
4~/~
Page 13, Item~
Meeting Date 06/06/95
CAPITAL IMPROVEMENT PROJECTS
$1.160,225
The recommended budget for capital improvement projects is $1,160,225. All five of the following
recommended projects have been or would be funded on a multi-year basis. The amount requested may
not actually represent the total amount needed by the project in its entirety. There is no HUD
restriction on the amount of the CDBG entitlement that can be used for Capital Improvements.
Staff recommends funding as follows:
YMCA Teaching Pool
Requested: $50,000
Staff Recommendation: $50,000
PURPOSE: These funds will assist in the financing of lap, instructional, and therapy pools, as well as
exercise rooms and training facilities in Rancho Del Rey. The facilities will be open to all Chula Vista
residents, and represents a creative partnership between the City and the YMCA.
RATIONALE: This project previously received approval of $50,000 in CDBG funds per year for five
years for a total of $250,000 by the City Council. The YMCA will provide classes and activities in the
facilities at reduced or no cost to seniors and lower-income residents.
ADA Modifications
Requested: $108,000
Staff Recommendation: $108,000
PURPOSE: 1995-96 appropriations would provide for the modification to City facilities as required by
the ADA, making them accessible to individuals with disabilities. Modification includes signage, doors,
public access routes and restrooms.
RATIONALE: Staff views compliance with the ADA as a high priority. This project and the curb cuts
will further the City's progress towards meeting ADA goals.
ADA Curb Cuts
Requested: $50,000
Staff Recommendation: $50,000
PURPOSE: 1995-96 appropriations would provide for the construction of concrete wheelchair ramps
at an estimated 47 different locations in the City. Curb Cuts are a requirement of the ADA.
The City has funded this program 10 years to date.
RATIONALE: Staff views compliance with the ADA as a high priority. This project and the ADA
modifications above will further the City's progress towards meeting ADA goals.
/& - /3
Page 14, Item.&-
Meeting Date 06/06/95
Otay Park Gymnasium
Requested: $1,098,000
Staff Recommendation: $952,225
PURPOSE: The City Council approved a Master Plan for Otay Park on May 24, 1994. 1995/96
appropriations are for the construction of the first phase of improvements including the design and
construction of a 16,000 square foot gymnasium.
RATIONALE: Parks and Recreation Department studies and surveys have documented the fact that there
is a deficiency of recreational facilities and activities in the southwestern portion of the City. The funding
request is recommended to be reduced somewhat in order to accommodate other components of the
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Castle Park B Neighborhood Revitalization Program (NRP)
Requested: $1,534,000
Staff Recommendation: $0
PURPOSE: The City Council approved the Castle Park B neighborhood as the next Neighborhood
Revitalization Program (NRP) area in December of 1993. Funds would be for construction of missing
street improvements, street widening, missing curb, gutter and sidewalks and construction of an additional
drainage circuit
RATIONALE: It is recommended that no funds be allocated at this time for the NRP program, due to
the demands on the limited CDBG funds and the magnitude of the request. The NRP program is worthy
of support, and staff feels that the program's momentum should be preserved as much as possible. The
projects are important improvements. Therefore, as indicated above under the Otay Gym project, staff
intends to return to the Council in the near future with a consideration of including some design funding
for the NRP capital improvements in a Section 108 Loan application.
COMMUNITY PROJECTS SUMMARY
$492,800
The recommended budget for Community Projects funding is $492,800. It include the following
types of eligible activities: a) Neighborhood Revitalization/Interim Assistance; b) Acquisition by Non-
Profit Entity; c) Special Activities by Community-Based Development Organizations (CBDOs); d)
Improvements to Non-profit Facilities; and, e) Special Economic Development Activities. Staff has
determined that these proposals are eligible for CDBG funding, will primarily benefit low-income
I~ -If
Page 15, Itemk
Meeting Date 06/06/95
households, and do not fit the category of public services which are subject to a 15% funding cap.
There is no HUD restriction on the amount of the CDBG entitlement that can be used for
Community Projects.
The seven recommended projects are as follows:
Neighborhood Revitalization/Interim Assistance
Graffiti Eradication
Requested: $33,600
Staff Recommendation: $30,000
PURPOSE: South Bay Community Services (SBCS), in partnership with the ChuIa Vista Police
Department, is requesting funds to continue their community effort to eradicate graffiti painted on private
businesses and residences. Youth offenders and community volunteers provide the labor. Funds are
requested for the Program Coordinator position.
RATIONALE: This program has demonstrated great success in the community and has developed an
excellent track record during the last several years. Staff recommends reduced budget in order to provide
adequate funding for other community projects.
Home Repair for Seniors
Requested: $24,533
Staff Recommendation: $24,000
PURPOSE: Lutheran Social Services is requesting funds to continue providing health and safety home
repairs to seniors. Most of the labor is donated by local south bay contractors.
RATIONALE: This program continues to meet the overwhelming demand from Chula Vista seniors for
this type of assistance. The program has been of great assistance to City Housing Rehabilitation staff
in response to requests from the public for small and/or emergency repairs. Small reduction in funding
is to allow for funding of other programs.
Improvements to Non-profit Communitv Facilities
Boys and Girls Club of Chula Vista
Request: $5,000
Staff Recommendation: $3,000
PURPOSE: The Boys and Girls Club requests funds to make improvements to a ball field next to their
Oleander Center.
RATIONALE: Staff recommends funding of this project due to documented fact that there is a
deficiency of open park space in the southwestern section of the City. Staff recommends reduced budget
in order to provide adequate funding for other community projects.
It -/5
Page 16, Item1fz-
Meeting Date 06/06/95
Acquisition by Non-Profit Entity
Trolley Terrace Day Care Facility
Requested: $300,000
Staff Recommendation: $300,000
PURPOSE: Request is for funds to reimburse $289,000 to the Agency's Low and Moderate Income
Housing Fund (LMIHF) with CDBG funds for the acquisition of an approximately one acre site for the
development of an affordable child care facility near the Palomar Trolley Center. In addition, $11,000
would be used as a pre-development grant for construction of the day care facility.
RATIONALE: On September 20, 1994 the City Council voted to acquire a 2+ acre parcel using Low
and Moderate Income Housing Funds for a twelve unit "for sale" affordable housing project and
affordable child care facility for approximately 100 children with the understanding that staff would
return with a request for CDBG funds prior to the development of the child care facility to reimburse
the Agency housing fund for that portion of the site attributed to the child care facility. The
development of the child care facility cannot begin until this has been accomplished because these
housing funds cannot be used for the development of child care facilities. Federal HOME funds in the
amount of $354,000 from FY 1994-95 will be used to reimburse the Agency housing fund for the portion
of the site set aside for the housing development.
Special Activities by Communitv-Based Development Organizations
South Bay Community Services Office Space
Requested: $61,200
Staff Recommendation: $61,200
PURPOSE: Funds are being requested to pay office rent on 5, I 00 square feet of office space at 315
Fourth Avenue. These offices house South Bay Community Services (SBCS), which provides a host of
social services which benefit low income households in the City.
RATIONALE: Based on HUD regulations related to Community Based Development Organizations
(CBDO), under this category SBCS qualifies as an "umbrella" organization which offers community and
economic development activities. This proposal benefits the City/Agency in that rents would be collected
from SBCS for the office space they occupy in the El Dorado Building at 315 F ourth Avenue.
Special Economic Development Activities
SBCS Community Development Program
Requested: $69,812
Staff Recommendation: $23,600
PURPOSE: The mission of this program is to initiate economic development for the extremely low, low
and moderate income residents of Chula Vista. Efforts include developing affordable housing,
performing neighborhood improvement projects, and creating economic advancement options. The City
has funded this activity by SBCS for the past four years, and the result has been that the City and the
Agency has become a partner with SBCS on such projects as the short-term and transitional housing
facilities on Fourth Avenue, the Cordova affordable apartment project planned for Rancho del Rey, and
/ h -/6
Page 17, Item /6
Meeting Date 06/06/95
the Trolley Terrace affordable housing and day care project. This effort by SBCS also has resulted in
the KIDSBIZ program.
RATIONALE: Staff is recommending that this program be funded with both HOME and CDBG funds.
HOME funds can be used to build the capacity of Community Housing Development Organizations
(CHDO) or non-profit developers creating affordable housing. However, HOME regulations place a five
percent cap on these activities or $35,400. The balance of the funds necessary to fund this project
($23,600). will come from this CDBG request.
Border Environmental Business Cluster (BEBC)
Requested: $100,000
Staff Recommendation: $50,000
PURPOSE: Funds will be used to capitalize a Revolving Loan Fund (RLF) from which to make loans
(primarily micro loans) to BEBC tenants. The BEBC facility, to be located in Chula Vista, will offer
inexpensive and flexible spaces and development services and counseling for 20 to 25 start-up businesses.
RATIONALE: Consistent with the goals of the Border Environmental Commerce Alliance, the creation
of a Revolving Loan Fund (RLF) will strengthen the City's ability to assist business and to create jobs.
This program will help the BEBC to be more successful, and would be used to assist BEBC tenant and
graduate companies. This program would encourage graduate companies to locate permanently in Chula
Vista by providing financial assistance in the form of loans. According to 1992 study by the California
Association for Economic Development, 82% of cities responding to a survey had an "in house" RLF
program. Half of the survey participants listed the Community Development Block Grant program as
the source of funds used for the program. Staff recommends funding half of the funding request at this
time ($50,000), with the expectation that the amount recommended will likely cover the loan activity that
will be generated by this new program in the 1995-96 budget year, and with the anticipation of funding
the program with additional funds in the next CDBG year. The Economic Development Commission
supported in concept a revolving micro-loan program.
The one Community Project not recommended for funding is as follows:
Acquisition bv Non-Profit Entitv
The Church Street Affordable Housing Project
Requested: $534,600 HAC Recommended: $0
Staff Recommendation: $0
PURPOSE: Funds would be used to purchase nine studio apartments located at 233 Church Avenue,
refurbish the units and operate units for the first year as independent living care units for very low
income "Special Needs" persons with AIDS/H1V in the Chula Vista area.
RATIONALE: Staff reviewed this proposal with the City's Housing Advisory Commission on May 24,
1995. The Housing Advisory Commission voted no funding for this particular housing project for the
following reasons: I) The Heath Group is a for-profit organization with no track record in AIDS/HIV
housing projects; 2) the proposal did not have any matching funds or leverage funds; 3) the proposal
relied too heavily on the City for operations support in future years. Overall, the Commission felt that
/~-/7
Page 18, Item Ita
Meeting Date 06/tf;;;s
the project request was too large and the project too costly per unit. The Commission encouraged the
Heath Group and/or other non-profit organizations to bring similar types of housing proposals to the City
for consideration, but with stronger financial budgets. Staff concurs with the Commission and
recommends no funding.
PART C: PROPOSED 1995-96 HOME BUDGET (See Exhibit 6)
The Federal HOME Investment Partnership Program (HOME Program) allocates funds by formula
directly to state and local governments to promote affordable housing. Participating jurisdictions are able
to provide this assistance to both for-profit and non-profit housing developers or directly to qualified
homebuyers or renters. The assistance may take the form of grants, loans, advances, equity investments,
and interest subsidies.
To date, the City has been allocated $2,603,000 in HOME funds since 1992 when the program was
created. HOME funds may be used to provide affordable rental housing and homeownership
opportunities through new construction, acquisition, rehabilitation, and tenant-based rental assistance.
In addition, HOME funds can be used to fund operational costs for Community Housing Development
Organizations (CHDO). A CHDO is a non-profit, community-based organization that has, or intends to
retain, staff with the capacity to develop affordable housing for the community it serves. Currently,
South Bay Community Services is the only designated CHDO in the City of Chula Vista.
The City is required to provide a 25 percent match for HOME funds used for rental assistance, housing
rehabilitation, and acquisition of standard housing. A 30 percent match is required for new construction.
Some examples of allowable matching contributions would include Redevelopment Agency Low and
Moderate Income Housing Funds, land value (donated or a loan), on and off-site improvements, waiver
of local and state taxes or fees, or voluntary labor in connection with site preparation. If a project
exceeds the required match, the excess credit can be applied to future projects.
For 1995-96, the City of Chula Vista will receive $708,000 in HOME funds. The following is the
proposed budget for 1995-96:
/10 - It?
Page 19, Itemk
Meeting Date 06/06/95
ESTIMATED 1995-96 USE OF HOME FUNDS
CITY OF CHULA VISTA1
ACTIVITY TOTAL HOME $ RENTAL $ OWNER $
New Construction $300,900 $300,900 0
Substantial Rehab 0 0 0
Other Rehab 0 0 0
Acquisition $300,900 $300,900 0
Tenant Assistance 0 0 0
CHDO Operation $35,400 0 0
City Administration $70,800 0 0
The following is a brief description of the above HOME activities being recommended for funding:
New Construction
New construction funds can be used to assist a non-profit developer or a for-profit builder or a
combination of the two to construct rental units for households earning 60% or less of the area median
income, or homeownership units for households earning 75% or less of the area median income.
A possible new construction project under this category is being considered to satisfy the Eastlake
Affordable Housing Requirements.
Acquisition
Funds in the acquisition category are envisioned to be used to assist with the acquisition of two HUD
housing projects in Chula Vista where the owners (private developers) have exercised their option to sell
the projects. If these projects (Oxford Terrace and Palomar Apartments) are not purchased by non-profit
organizations through HUD's Housing Preservation Program, the owners will convert the projects to
market-rate. Thus, potentially 303 affordable units could be lost. City HOME funds would be used to
fund 5% of the cost of acquisition and the HUD Preservation Program would pay for the remaining 95%
of the cost.
CHDO Operation
The $35,400 proposed for CHDO operation costs is earmarked for South Bay Community Services, the
only organization in Chula Vista to be designated as a CHDO. Currently, staff is recommending that
the City fund their Community Development Program with $23,600 in CDBG funds. By utilizing 5%
of HOME funds ($35,400) to fund the SBCS Community Development Program, the City will free up
CDBG funds that can be used for other activities to benefit low and moderate income households. The
1 The City has the option to modify the amounts by category in the future without HUD
approval if the need arises.
I~- 17
Page 20, Itemft
Meeting Date 06/06/95
Community Development Program has been funded by the City for the past four years, and during that
time have become a well respected affordable housing producer.
Citv Administration
The City can allocate 10% or $70,800 of its HOME funds for administration. These funds will be used
for overall administration and coordination of the HOME Program as well as staff time devoted to
individually HOME-funded projects and programs. HOME funds used for administration do not require
a match.
FISCAL IMP ACT: The City will receive $2,162,000 in COBG entitlement funds as well as $116,825
in reallocation funds making a total of $2,278,825 available for FY 1995-96. The 15 percent cap on
social services funding will limit the social services allocation to a maximum of $324,300. In addition,
the City will receive $708,000 in HOME funds for FY 1995-96. The grand total of FY 1995-96 funds
to be received from HUD will be $2,986,825.
/ ~ - 2{)
1995-96 CDBG PUBLIC SERVICE STAFF RECOMMENDATIONS
ORGANIZATION
Access Center of San Diego
Adult Protective Services
AIDS Foundation of San Diego
Alzheimer's Family Centers
Boys & Girls Club of Chula Vista
Boys & Girls Club of Chuia Vista
Center for Women's Studies & Services
Chula Vista Connection
Chula Vista Police/Fire Depts.
Chula Vista Police Department
Chula Vista Police Dept.
Chula Vista Police Department
City of Chula Vista Library
County Department of Social Services
Episcopal Community Services
Jobs for Youth
Lutheran Social Services
LLC/SDI
Latino Real Estate Association
MAAC Project
San Diego Counseling Service
Senior Adult Serivces
So. Bay Family YMCA
So. Bay Family YMCA
So. Bay Family YMCA
So. County Council on Aging
South Bay Community Services
South Bay Community Services
Sweetwater Union High School District
Vista Square Health
Woodlawn Park Civic League
YMCA Family Stress Center
YWCA of San Diego County
TOTALS
............
~~
'\J \
\J~
~
PROGRAM
Chula Vista Job Club
So. Bay Adult Heaith Care Center
Case Management & Social Services Exp.
DaycarelTransportation
Fine Arts
Funshine Camp
Project Safehouse
Daycare
CAST
Community Oriented Policing Program
Intervention Team
Police Activities League
Literacy Team
DADS
Outreach Health Education
Temporary Employment
Project Hand Emergency Assistance
Literacy Center
Vivienda/Auxiliar
Otay Community Act. Prtnrshp Program
Gen. Organizational Support
Meai on Wheels
Youth Action Program
Summer Day Camp
Sunshine Co. Childcare
Shared Housing
Thursday's Meal
Casa Nuestra Youth Shelter
Gang Prevention/Intervention
Child Care
Woodlawn Park Community Center
Psychotherapy Services
Domestic Violence & Treatment Program
CATEGORY
Senior/Disabled
Senior/Disabled
Health Care/Sub Abuse
Senior/Disabled
Youth
Youth
Domestic Violence
Youth
Community
Community
Community
Youth
Community
Community
Health Care/Sub Abuse
Youth
Community
Community
Community
Youth
Community
Senior/Disabled
Youth
Youth
Youth
Senior/Disabled
Community
Youth
Youth
Youth
Community
Domestic Violence
Domestic Violence
EXHIBIT I
FY 95-96 COMMITTEE STAFF
REQUEST RECOMMENDATION RECOMMENDATION
$10,000
$12,000
$10,000
$20,000
$14,415
$15,180
$10,000
$30,000
$4,000
$120,000
$20,000
$23,000
$43,000
$18,600
$20,000
$3,100
$20,000
$1,500
$31,700
$18,887
$6,000
$12,000
$15,000
$8,500
$27,091
$14,000
$5,000
$19,000
$25,000
$7,000
$26,000
$39,619
$10,000
$659,592
$0
$12,000
$10,000
$10,000
$11,000
$13,000
$10,000
$0
$4,000
N/A
$13,000
$12,000
$29,700
$7,000
$11,000
$3,100
$18,000
$1,500
$0
$9,000
$0
$12,000
$12,000
$8,000
$18,000
$7,000
$5,000
$15,000
$12,000
$7,000
$23,000
$21,000
$10,000
$324,300
$4,880
$7,200
$6,000
$6,000
$6,600
$7,800
$6,000
$12,000
$2,400
$120,000
$7,800
$7,200
$17,820
$0
$6,600
$3,100
$10,800
$1,500
$0
$5,400
$0
$7,200
$7,200
$0
$10,800
$4,200
$3,000
$9,000
$7,200
$4,200
$13,800
$12,600
$6,000
$324,300
EXHIBIT #2
CITY OF CHUlA VISTA
MINUTES
HOUSING ADVISORY COMMISSION
Wednesday March 22, 1995
3:30 p.m.
Conference Room 2
Public Service Building
CALL TO ORDER/ROLL CALL - 3:30 p.m.
PRESENT:
Chairman Madrid, Helton, Flaugher, Lopez-Gonzalez, Alonso-Massey
ABSENT:
None
STAFF:
Community Development Specialist I Martinez, Administrative Office
Assistant II Gonzalez
EX-OFFICIO:
Mayfield (excused absence), Lembo (excused absence)
GUEST:
Chris Moxham, (SBCS)
1. INTRODUCTIONS - None
2. APPROVAL OF MINUTES - February 22, 1995 minutes were approved by consensus.
(Madrid/Heltonl to excuse both Ex-Officio Members Lembo and Meyfield from the Commission
meeting due to other business commitments, approved unanimously.
3. CONSOLIDATED PLAN PUBLIC MEETING - Mr. Martinez stated that the purpose of today's
meeting was to invite the public for their input and comments on the Consolidated Plan.
Member Helton asked how was it advertized.
Mr. Martinez responded that it was advertized through several newspapers. One of HUD's
regulations is that before the Consolidated Plan is written, the City had to hold public forums.
Mr. Martinez stated that the Department of Housing and Urban Development (HUD) is requiring the
City of Chula Vista to prepare a Consolidated Plan in order to receive the City's allocation of Federal
Community Development Block Grant (CDBG) and HOME Partnership Investment funds. This plan
will replace the Comprehensive Housing Affordability Strategy (CHAS) Plan. The Consolidated Plan
is similar to the CHAS Plan. The Consolidated Plan consists of the- needs assessment for housing
and community development, a five year prioritized strategy of proposed solutions utilizing all
resources, and an annual funding plan.
HUD's purpose of the Consolidated Plan is to condense all the program reporting and planning
requirements altogether into one document. Cities that receive these different types of funding can
execute one set of paperwork for all the programs such as, CDBG, HOME etc.
Member Helton suggested that next time the Housing Advisory Commission Members should be
informed first of all scheduled public forums.
P"']9 1
I ~ ~ j.3
Mr. Martinez went over the schedule for the Consolidated Plan and mention that the tentative thirty
day comment period on the proposed Consolidated Plan draft is April through May 8, copies will be
made available for the Commission Members for their review. Following is the City Council Public
Hearing on May 9 and final approval from City Council is May 23.
Mr. Chris Moxham from (SBCS) questioned why child care is not included under social needs.
Mr. Martinez responded that child care will be added.
Member Helton suggested for the Commission Members to meet with staff prior to the City Council
meeting on May 9 to discuss the Consolidated Plan draft. By consensus, the Commission Members
will hold a special meeting on May 9 at 5:00 p.m.
4. FY 1995/96 COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING REQUESTS- Mr.
Martinez reported that he brought seven out of approximately 35 1995-96 CDBG application
requests that are housing related for the Commission's review and comments. Mr. Martinez stated
that staff will make recommendations to City Council based on budget constraints and on the
Housing Advisory Commission's comments. He briefly went over the 7 CDBG housing related
applications explaining what type of services they provide and how much funds the programs are
requesting.
Member Helton mention that several CDBG requests are very similar in what their services provide.
For instance, Real Estate Association Latinos; San Diego Home Loan Counseling Service; and South
Bay Community Service (SBCS) - Chula Vista Community Development Project; offer similar
services.
Member Helton recommends for the City to fund San Diego Fair Housing Council $36,000 instead
of what they are requesting which is $50,000. Commission Members agreed.
Chairman Madrid stated that she may have some potential conflict of interest in making any
decisions on the CDBG applications, hence she will inquire with the City Attorney regarding this
issue. Therefore, she suggested that the Commission wait until the special meeting May 9th to
make any final decisions.
Mr. Martinez responded that the Commission does not have to make any final decisions today;
however, comments and actual figure recommendations to the City Council is appreciated. In
regards to waiting until May 9th for final recommendations, it would be too late.
Member Alonso-Massey commented that the Commission should first prioritize the amount of
funding that should go towards each of the prioritized needs and then attempt to earmark funds
towards individual programs that address these needs.
Mr. Chris Moxham from (SBCS) explained what type of services this application provides. It
includes victims of domestic violence, and planning for affordable homeowners project with day
care.
Commission Members recommend $24,000 to Lutheran Social Services - (Christian Neighbor
Program) .
Member Lopez-Gonzalez stated that the Real Estate Association Latinos and San Diego Home Loan
Counseling Service are both real estate brokers. She commented that the mor-tgage companies
work with area banks which offer these seminars at no cost; therefore, these programs have these
p~Je 2
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type of services within the banks.
Member Helton recommends that the Real Estate Association Latinos and San Diego Home Loan
Counseling Service not to be funded. By consensus, Commission Members agreed.
Commission Members agreed to fund $14,000 to Shared Housing Program.
By consensus, Commission Members recommend not to fund MAAC Project (Lead Base Paint
Abatement Program) at this time, until more information is provided. The CDBG application that
they provided does not provide enough information regarding their program. Staff will further
investigate what this program entails.
South Bay Community Services (Chula Vista Community Development Project), Members
recommend $62,000 for this program.
5. ORAL COMMENTS - None
6. STAFF REPORTS - None
7. MEMBERS COMMENTS - Member Helton stated that she would like to be excused from the
April meeting because she will be out of town.
Member Helton complimented Me. Martinez for his report.
8. ADJOURNMENT - 5:00 p.m. to the next regular meeting scheduled April 26, 1995 in the
Public Services Building.
IAG\C:\WPWIN\3-22-95.MrNI
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$492,800
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COMMUNITY PROJECTS
SBCS Graffiti Eradication
Home Repair for Seniors
B&G Club - Field Renovation
Trolley Terrace Day Care
SBCS Office Space
SBCS Comm, Dev, Program
BEBC - RLF
ADMINISTRATION (20% CAP) $301,500
CV Fair Housing Program
CV Human Services Council
P&R Hum, Srvcs, Coord.
SDRTF - Homeless
MAAC Project -LBP
Comm. Prjcts. (22.00%)
-Pub. Srvcs. (15.00%)
CIPs $1,160,225
YMCA Teaching Pool
ADA Modifications
ADA Curb Cuts
Otay Park Gym
Exhibit #3
PUB. SRVCS. (15% CAP) $324,300
Access Center of SO
Adult Protective Services
AIDS Foundation of SD
Alzheimer's Family Centers
B&G Club. Fine Arts
B&G Club Funshine Camp
CWSS - Project Safehouse
eve. Day Care
CV Police/Fire - CAST
CV Police - COPS
CV Police. Intervention Team
CV Police - PAL
CV Library - Literacy Team
EPS. Outreach Health
Jobs for Youth
lSS - Project Hand
LLC/SDl - Literacy Center
MAAC - Otay Partnership
SAS - Meals on 'v\Iheels
58 YMCA - Youth Action
58 YMCA - Sunshine Co.
SCCOA - Shared Housing
SBeS - Th. Meal
SBeS - Casa Nuestra
SUHSD - Gang Prevention
Vista Square Health - Child Care
Woodlawn Park Civic League
YMCA Family Stress Center
YWCA - Domestic Violence
1993-94 to 1995-96 COMMUNITY DEVELOPMENT PLAN
Exhibit 4
The City of Chula Vista will utilize Community Development Block Grant (CDBG) funds
primarily to benefit low and moderate income persons based on the needs, goals, and objectives
established in this Community Development Plan. A minimum of 70% of the funding will be
utilized for this purpose.
NEEDS:
The City has identified the following Community Development needs:
1. To revitalize and improve deteriorating neighborhoods.
2. To provide adequate public facilities throughout the community.
3. To expand economic opportunities.
4. To preserve, improve, and increase the supply of affordable housing.
5. To enhance the provision of human services.
GOALS:
The City shall:
1. Plan, design, and construct capital improvements in deteriorating neighborhoods.
2. Construct public facilities, such as parks, libraries, and community centers in
neighborhoods deficient in such facilities.
3. Assist in the provision of human services to senior citizens, youth, and families in need.
4. Promote decent and affordable housing for all residents and prevent housing
discrimination.
OBJECTIVES
I. Provide assistance to organizations serving the varied needs of senior citizens, including
housing, nutrition, health, transportation, and related services.
2. Provide assistance to organizations which provide counseling and support to adults
recovering from substance abuse or involved in domestic violence.
3. Provide assistance to organizations serving the varied needs of youth and their families,
including prevention and counseling programs for substance abuse, child abuse, and
juvenile delinquency.
4. Provide assistance to organizations which provide basic needs assistance and/or assist
people who are homeless, unemployed, or disabled to become self-sufficient.
5. Provide assistance to organizations which promote adult literacy.
6. Construct public improvements to alleviate public hazards and revitalize deteriorating
neighborhoods, including street, drainage, and lighting improvements.
7. Construct public improvements to enhance the quality of life for residents, including
parks, community centers, libraries, and other public facilities.
8. Promote small businesses and the creation of jobs through planning studies, infrastructure
improvements, technical assistance, and financial programs.
9. Provide assistance to neighborhood and community based organizations to initiate
neighborhood revitalization, economic development, and affordable housing programs.
10. Furnish fair housing information, counseling, testing and mediation services
Ii ~:l. 9 ! IU~7:fJ
EXHIBIT #5 :J! ,.
<~/ SOUTH SA Y DIRECTORS COUNCIL R[D" '~~
P.O. BOX 7749, CHULA VISTA, CALIFORNIA 91912 "1 Y,> ')LI' ~IJ
MAror;;" ...
Chl//1I 11, OFFrCE
IMPORTANT!Il X ISIII, ell
WE NEED YOUR HELPlI! AGENCIES MAY LOSE FUNDIN ;:
Dear Provider:
At its June 6th meeting, the Chula Vista City Council will consider diverting Community Development
Block Grant (CDBG) monies (which are currently allocated to social services) to provide matching funds
for a grant which will add four (4) officers to the Chula Vista Police Department. By the end of the third
year, the grant applicent would provide 100% of the match. This could be accomplished in the grant's
first year, or it could be done through an increasinc match over the next three years. What does this
mean to ....gencies? Con<;ider the following scenario:
FY 1995-96
FY 1996-97
FY 1997-98'
One-third of CDBG funds for social services could be diverted.
Two-thirds of CDBG funds for social services could be diverted.
All CDBG funds for social services could be diverted.
Help the City understand what the domino effect would be on all of the citizens of Chula Vista if our
progressive social services network is slashed so dramatically. When the strategy of using these CDBG
funds for the match was presented to members of the Commissions involved in reviewing CDBG
proposals, representatives from these Commissions expressed strong concems regarding the diversion
of funds from social services for this grant.
Even though your agency may not rely on CDBG funding from the City of Chula Vista, you most likely
refer clients to agencies and programs which do. What can you do?
1. Asan agency representative, contact Chula Vista City Council members and voice vour concems.
2. Inform vour clients and ask them to call or write their City Council members to voice their
concems.
3. Have a strOillt@12resentative croup of constituents attend the City Council meeting on Tuesday,
June 6th at 4:00 p.m. The meeting is held in the City Council Chambers (276 Fourth Avenue).
We support the Chula Vista Police Department, but not at the expense of our programs - and most
importantly, the welfare of our clients. Our social services are also an important part of the City's
response to the community's public safety needs.
If you need additional information, please contact the South Bay Directors Council.
sincerel~
~",do' Ch.;, =
cc:
Members, Chula Vista City Council
Star News
The San Diego Union-Tribune, South Bay Edition
1&- S/ /~)-.~2
EXHIBIT #6
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.................
.................
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Admin. (10.0%)
CHDO (5.0%)
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IN
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Projects (85.0%)
ADMINISTRATION (10% CAP)
CHDO OPERATIONS (5% CAP)
$70,800
$35,400
PROJECTS:
HUD 236 At Risk Units
Eastlake Affordable Housing Project
$300,900
$300,900
$708,000
TOTAL FUNDS
RESOLUTION 11 '(\~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING THE FY 1995-1999 CONSOLIDATED PLAN INCLUDING BOTH THE
FY 1995-1996 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) AND
HOME INVESTMENT PARTNERSHIP (HOMEI PROGRAM BUDGETS AND
AUTHORIZING TRANSMITTAL OF CONSOLIDATED PLAN TO THE U.S.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD).
WHEREAS, the City of Chula Vista has prepared a FY 1995-1999 Consolidated
Plan per HUD Rules and Regulations; and,
WHEREAS, the City of Chula Vista will receive a 1995-96 CDBG entitlement of
$2,162,000; and,
WHEREAS, the City of Chula Vista has $116,825 of prior year CDBG reallocation
funds available; and,
WHEREAS, the City of Chula Vista will receive $708,000 in HOME funds for FY
1995-96; and,
WHEREAS, the City has followed its Citizen Participation Plan and held a public
hearing on housing and community development needs on May 16, 1995; and,
WHEREAS, the City has prepared the 1993-96 Community Development Plan
and has determined that all of the proposed activities are consistent with said Plan and
meet the CDBG national objectives to benefit primarily low-income households or aid in
the prevention of slums and blight; and,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does
hereby find, order, determine and approve the FY 1995-1999 Consolidated Plan and
proposed FY 1995-96 CDBG and HOME budgets, copies of which are attached hereto and
incorporated herein.
BE IT FURTHER RESOLVED, that the City Council of the City of Chula Vista
approves the 1993-96 Community Development Plan, a copy of which is attached hereto
and incorporated herein.
BE IT FURTHER RESOLVED, that the Community Development Director is
authorized to transmit the FY 1995-1999 Consolidated Plan to the U.S. Department of
Housing and Urban Development (HUD).
PRESENTED BY:
Chris Salomone
Community Development Director
Bruce M. Boogaard
City Attorney
I ~ - 35 / / V - 3(;;