HomeMy WebLinkAboutAgenda Packet 1995/12/05
Tuesday, December 5, 1995
4:00p.m.
Atl dec!arc lm ~;cr tY~nG:t:l of perjury that l aM
em:J:o:/e:J b~l the Ci ~y oj- ChU;,l V;Gt~ in the
OHtco 0; t:-:c City CI8[';\ enJ t:u-x t posted
this A[;en13/i.~oUce on the ::uH'~::m Board at
the Pu'olic S rvices Bu:JJin; 6n;] at City Hall. on Council Chambers
DATED, // G7 !f' SIGNED ~, Public Services Building
Re lar Meetin
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Alevy _, Moot _, Padilla _, Rindone _, and
Mayor Horton _'
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
November 21, 1995 and November 28, 1995 (Special Meeting)
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office: Anthony Ciotti, Sr. - International Friendship Commission.
b. Introduction of Benita Fitzgerald, the new Director of the Areo Training Center, by Pat
Milkovich.
c. Presentation of promotional video. Staff will unveil the City's new economic development
promotional video which will be used as a business outreach tool at trade shows, conferences and
business meetings, as well as distributed to partoer economic development agencies and business
prospects. Continued from the meeting of 11/14/95.
d. Status and presentation by Clark Siebrand representing the Greater San Diego Chamber of
Commerce, Base Relocation and Closure Committee.
*****
Effective April I, 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 a4joum 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 wiU be available in the City Clerk's Office.
.
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CONSENT CALENDAR
(ltems 5 through 15)
The staff recommendations regarding the following items listed under the Consent Calendar wiU 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 pu~~~or discussion. If you wish to speak on one of these items, please flU out a
"Request to Speak Fonn" av' le 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 there were no reportable actions taken in Closed
Session on 11/21/95. It is recommended that the letter be received and filed.
Agenda
6.
ORDINANCE 2654
7.A.
RESOLUTION 18136
B.
RESOLUTION 18137
8.
RESOLUTION 18138
9.
RESOLUTION 18139
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December 5, 1995
AMENDING THE CAMPAIGN CONTRIBUTIONS ORDINANCE TO
CLARIFY THE CONTRIBUTIONS LIMITATION WHEN TWO
ELECTIONS FOR DIFFERENT TERMS OF OFFICE FOR THE SAME
SEAT ARE OCCURRING SIMULTANEOUSLY, TO APPLY THE CITY'S
CONTRmUTIONS PROHIBITIONS AND LIMITATIONS TO
INDEPENDENT EXPENDITURE COMMITTEES, AND OTHER
CHANGES (second readiDll and adoDtionl - With the simultaneously
occurring general aod special elections coming in March, 1996, questions from
potential candidates have arisen as to the operation of the City's campaign
contributions ordioaoce which can aod should be resolved by Council action
rather thao legal interpretation. Staff recommeDds Council place the ordioaoce
on second reading aod adoption. (City Attorney)
ACCEPTING $66,000 OF IDGH INTENSITY DRUG TRAFFICKING
AREA (HIDTA) GRANT FUNDS THROUGH THE IMPERIAL COUNTY
SHERIFF'S OFFICE FOR ADMINISTRATIVE COSTS ASSOCIATED
WITH THE CALIFORNIA BORDER ALLIANCE GROUP (CBAG);
APPROPRIATING FUNDS FROM UNANTICIPATED GRANT
REVENUES; AND AMENDING THE FISCAL YEAR 1995/96 BUDGET
TO INCLUDE TWO FULL TIME EQUIVALENT POSITIONS SUBJECT
TO CONTINUED GRANT FUNDING - On 9/5/95, Council approved the City
to act as the "fiscal agent" for the CBAG aod act as conduit to obtain civiliao
support personnel aod to acquire related supplies aod services. The curreDt
request is to extend finaocial services for administrative support aod authorize
the use of funds available from the Imperial County Sheriff's Office. Staff
recommends approval of the resolutions, (Chief of Police) 4/5th's vote
required.
APPROVING TWO REIMBURSEMENT AGREEMENTS AND TWO
INTERGOVERNMENTALPERSONNELASSIGNMENT AGREEMENTS,
AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS, FISCAL YEAR 1995/96
ACCEPTING A $400,000 GRANT FROM THE CALIFORNIA COASTAL
CONSERVANCY; APPROVING GRANT CONTRACT NUMBER 95-012;
APPROPRIATING $400,000 TO A NEW CIP PROJECT NUMBER GG155
FOR CONSTRUCTION OF A FLOW-THROUGH SEAWATER SYSTEM
AT THE CHULA VISTA NATURE CENTER AND AUTHORIZING THE
DIRECTOR OF FINANCE TO LOAN CASH AS NEEDED TO THE
BAYFRONT CONSERVANCY TRUST FROM THE GENERAL FUND IN
AN AMOUNT NOT TO EXCEED $400,000 WITH REIMBURSEMENT TO
OCCUR AT THE TIME GRANT FUNDS ARE RECEIVED FROM THE
STATE - The State of California has granted the Bayfront Conservaocy Trust
$400,000 for the construction of a seawater system at the Nature Center. Those
funds are administered by the State Coastal Conservaocy. Staff recommends
approval of the resolution. (Executive Director, Bayfront Conservaocy Trust)
APPROVING CONTRACT WITH THE COUNTY OF SAN DIEGO FOR
A $50,000 GRANT TO THE CITY TO PARTIALLY FUND THE
PURCHASE OF THREE ALTERNATIVE FUEL DEDICATED V ANPOOL
VANS, APPROPRIATING AND TRANSFERRING $75,000 THEREFOR-
As part of the City's ongoing effort to reduce traffic congestion aod carbon
dioxide, the City applied and received $50,000 in grant funding to implement
a compressed natural gas van-pool program. Staff recommends approval of the
resolution. (Environmental Resource Manager) 4/5th's vote required.
Agenda
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December 5, 1995
10. RESOLUTION 18140 ADOPTING THE 1995 SUPPLEMENT TO "GREENBOOK" STANDARD
SPECIFICATIONS FOR PUBLIC WORKS CONSTRUCTION, 1994
EDITION AND CIRJLA VISTA DESIGN STANDARD NUMBER 34 - On
10/24/95, Council adopted the 1994 Standard "Greenbook" Specifications,
Regional Supplements and Standard Drawings, and the Chula Vista Standard
Drawings and Standard Provisions, excluding Chula Vista Design Standard
Number 34 (CVDS No. 34). Council directed staff to meet with representatives
of the development community to work out concerns with CVDS No. 34. After
a series of meetings, CVDS No. 34 has been revised. In the ensuing period, the
Regional Standards Committee adopted the 1995 Supplement to the Greenbook
Standard Specifications for Public Works Construction 1994. Staff recommends
approval of the resolution. (Director of Parks and Recreation and Director of
Public Works)
n. RESOLUTION 18141 DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD
UTILITIES ALONG MAIN STREET FROM INDUSTRIAL BOULEVARD
TO THIRD A VENUE AND SETTING A PUBLIC IlEARING FOR THE
FORMATION OF UTILITY UNDERGROUND DISTRICT NUMBER 126
FOR JANUARY 9, 1996 AT 6:00 P.M. - On 11112/91, Council accepted a
report on the City's Utility Undergrounding Conversion Program and approved
a revised list of utility underground conversion projects. The subject section of
Main Street was ranked as the fifth utility conversion project in the City's
adopted program. However, proposed construction work significantly increased
the points, thus moving the project up in said ranking and made the subject
street section top priority. Staff recommends approval of the resolution.
(Director of Public Works)
12. RESOLUTION 18142 APPROVING THE FILING OF THREE APPLICATIONS FOR
TRANSPORTATION ENHANCEMENT ACTIVITIES PROGRAM
FUNDS UNDER TIlE INTERMODAL SURFACE TRANSPORTATION
EFFICIENCY ACT (ISTEA) OF 1991 AND DESIGNATING THE CITY
ENGINEER AS TIlE AUTHORIZED REPRESENTATIVE FOR TIIIS
PROGRAM - California is scheduled to receive more than $200 million over
a six-yesr period (three cycles) under the Transportation Enhancement Activities
Program. Projects must be clearly associated with the transportation system and
should also provide maximum enhancement to the environment and the affected
communities. The applications are for: East "H" Street BicyclelPedestrian
Transportation Facility; PedestrianlBikeway Bridge over Sweetwater River,
immediately downstream of Central Avenue; and Landscaping the MTDB right-
of-way within Chula Vista. Staff recommends approval of the resolution.
(Director of Public Works)
l3.A. RESOLUTION 18143 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 90-2, RANCHO DEL REY, SPA m, PHASE
2, UNIT 1 - On 7/30/91, Council approved the Tentative Subdivision Map for
Tract 90-2, Rancho del Rey, SPA III. On that tentative msp, phase and unit
boundaries were delinested. Staff recommends approval of the resolutions.
(Director of Public Works)
B. RESOLUTION 18144 APPROVING FINAL MAP AND SUBDIVISION IMPROVEMENT
AGREEMENT FOR TRACT 90-2, RANCHO DEL REY, SPA m, PHASE
3, UNIT 1
Agenda
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December 5, 1995
14. RESOLUTION 18145 ACCEPTING BIDS AND AWARDING CONTRACT TO LEKOS
ELECTRlC, INCORPORATED FOR THE 1995 HAZARD ELIMINATION
SAFETY PROJECT TO UPGRADE THREE TRAFFIC SIGNAL
LOCATIONS (BROADWAY/"F" STREET, FOURTH AVENUE/"F"
STREET, AND TIllRD AVENUE/ORANGE AVENUE) AND
APPROPRIATING $152,000 TO TF-227 (TRAFFIC SIGNAL SAFETY
UPGRADE) - On 11/15/95, sealed bids were received from three electrical
contractors for the modification of traffic signals to add left turn phasing at three
intersections. The low bid of $125,565 was received from Lekos Electric,
Incorporated. Staff recommends approval of the resolution. (Director of Public
Works) 4/5th's yote required.
15. REPORT APPLICATION FOR GRANT FUNDS FROM THE FEDERAL
DEPARTMENT OF EDUCATION, LmRARY SERVICES AND
CONSTRUCTION ACT FOR THE PURCHASE OF SPECIFIC LmRARY
REFERENCE RESOURCES AS A MAJOR URBAN RESOURCE
LmRARY - As the Chula Vista Public Library is a City agency serving a
resident population of over 100,000, it has been designated a Major Urban
Resource Library by the U.S. Department of Education and is eligible to apply
for a grant of $12,032 for the purchase of business and job-seeking materials for
library users. Staff recommends Council accept the report and ratify the
Library's application for $12,032 of Library Services and Construction Act
Funds for the purchase of library materials. (Library Director)
· · END OF CONSENT CALENDAR · ·
PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The folUJwing iJems have been advertised and/or posted as public hearings as required by law. If you wish to
speak to any iJem, please fiJl out the "Request to Speak Fonn" available in the labby aad submit iJ 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 limiJed to five minutes per
individual.
16.
PUBLIC HEARING
A.
ORDINANCE 2656
B.
RESOLUTION 18146
CONSIDERATION OF REFUSE COLLECTION RATE ADJUSTMENT
RELATED TO INCREASED DISPOSAL COSTS AT THE COUNTY
LANDFILL FOR THE RESIDENTIAL, RESIDENTIAL YARDWASTE,
AND COMMERCIAL CONTRACTS - On 11/14/95, in response to a request
from Laidlaw Waste Systems, Inc., Council directed staff to evaluate the need
to amend the Municipal Code in order to allow Laidlaw to fully recover charges
incurred in the disposal of refuse at the County landfill, and to recommend any
necessary rate adjustments based on unrecovered costs. Staff recommends
Council adopt the urgency ordinance and approve the resolution. (Director of
Finance)
AMENDING SECTION 8.23.090 B.3. OF THE MUNICIPAL CODE TO
ALLOW THE REFUSE COLLECTION FRANCHISE TO FULLY
RECOVER LANDFILL PROCESSING COSTS THROUGH CUSTOMER
BILLING RATES IUn!ency) - 4/5th's yote required
APPROVING INCREASES IN THE LANDFILL /PROCESSING COST
RATE COMPONENT FOR THE RESIDENTIAL, THE RESIDENTIAL
YARDWASTE, AND THE COMMERCIAL CONTRACTS EFFECTIVE
JULY I, 1995, WITH THE RATE PAYERS BILLING RATES TO BE
ADJUSTED BEG1NNING JANUARY I, 19%
Agenda
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December 5, 1995
17.
PUBLIC HEARING
PCC-90-25M; REQUEST FOR FiVE YEAR EXTENSION TO AN
EXISTING CONDITIONAL USE PERMIT FOR ANRV STORAGE YARD
AT 1375 BROADWAY, WITIDN THE 8-94 ZONE - BROADWAY
PALOMAR RV STORAGE - The request is for a five year extension of an
existing Conditional Use Permit which authorizes a recreational vehicle storage
yard at 1375 Broadway. Additionally, the applicant is requesting the deletion
of a condition to the original permit which requires payment of a parks in-lieu
fee to the City. Staff recommends approval of the resolution. (Director of
Planning) Continued from the meeting of 11/21/95.
RESOLUTION 18147 GRANTING A FiVE YEAR EXTENSION FOR CONDITIONAL USE
PERMIT PCC-90-2SM TO BROADWAY PALOMAR RV STORAGE TO
OPERATE A STORAGE YARD FOR RECREATIONAL VEmCLES AT
1375 BROADWAY
ORAL COMMUNICATIONS
This is an opportunity lor the general public to address the City CouncU on any subject 11UlIter wiJhin the
CouncU'sjurisdiction that is!JQ1 an iJem on this ageru/alor public discussion. (State law, however, generaUy
prohibiJs the City CouncU lrom ta1cing action on any issues not included on the posted ageru/a.) If you wish to
address the CouncU on such a subject, please complete the yellaw "Request to Speak Under Oral Communications
Form" available in the lobby and submiJ iJ to the City Cleric prior to the meeting. Those who wish ta speak,
please give your name and address lor record purposes and 'ollaw up action. Your time is limiJed ta three
minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City CouncU wUl consider iJems which have beenlorwarded to them lor consideration by one
01 the City's Boards, Commissions and/or Committees.
None submitted.
ACTION ITEMS
The iJems listed in this section 01 the ageru/a are expected to eliciJ substantiol discussions and deliberations by
the CouncU, stal/, or members 01 the general public. The iJems wUl be considered individuaUy by the CouncU
and staflrecommeru/ations may in certain cases be presented in the alternative. Those who wish to speak, please
flU out a "Request to Spea1c" lorm available in the lobby and submiJ iJ to the City Cleric prior to the meeting.
Public commeats are limited to five minutes.
18. RESOLUTION 18148 APPROVING AGREEMENT WITH OTAY WATER DISTRlCT FOR THE
PROVISION OF WATER SERVICE IN A PORTION OF THE CITY - The
Otay Water District has transmitted a letter of concern regarding both the City's
sphere and annexation proposals and not only want the City to designate them
as the preferred water provider for the area, but to give them some certainty that
the major capital improvements that they are attempting to construct, in fact will
be constructed by them. Staff recommends approval of the resolution. (City
Manager)
Agenda
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December 5, 1995
19.
RESOLUTION 18149
APPROVING F1RST AMENDMENT TO AGREEMENT WITH
INFRASTRUCTURE MANAGEMENT SERVICES, INC. (IMS) FOR
PAVEMENT TESTING AND MANAGEMENT SERVICES AND
REAPPROPRIATING $11 000 THEREFOR - Due to a difference in
understanding of the terms of the existing agreement with lMS, it is necessary
to clarify the extent of wode and to modify the payment to the contractor by
increasing it from $115,500 to $125,66750. Staff recommends approval of the
resolution. (Director of Public Wodes) 4/5th's vote required.
20.
REPORT
DEVELOPMENT OF A SPECIFlC ARTS PROJECT ON THE
BAYFRONT FOR FUNDING BY THE SAN DffiGO UNIF1ED PORT
DISTRICT'S ART FUND - In 1992, the Port of San Diego adopted a Master
Plan for Public Art. The purpose of the plan is to frovide artwode on the
tidelands around San Diego Bay for the enjoyment 0 residents and visitors.
Staff recommends Council refer the Port of San Diego Master Plan for Public
Art to the Cultural Arts Commission and to any other interest parties for input,
as well as development of a specific project that could be funded next fiscal year
by the Port's Arts Fund. (City Manager)
PROGRESS IN THE DESIGN OF FINAL PLANS FOR THE
"IMPROVEMENT OF BROADWAY FROM NAPLES STREET TO
ANITA STREET PROJECT (ST-I43)" - The fiscal year 1994/95 Capital
Improvement Program budget includes funding for design of the reconstruction
of Broadway from Naples Street to Anita Street. The project includes the
renovation of the existing medians where necessary and the widening of
Broadway at Palomar Street to accommodate dual left turn lanes. On 4/25/95,
Council approved the retention of the medians and the installation of lan~ing
within those medians. Staff recommends Council approve the report and dIrect
staff to complete the design and final plans and bId the project including the
reconstruction of medians. (Director of Public Works)
21.
REPORT
21.1
RESOLUTION 18150
AUTHORIZING THE MAYOR TO EXECUTE THE SECOND
AMENDMENT EXTENDING CONTRACT NUMBER C094-082 NOT TO
EXCEED $}.!l.,OOO FOR SOLID W ASTE CONSULT ANT SERVICES WITH
BROWN, v~NCE AND ASSOCIATES (BVA) - Sexton Sand and Gravel
Corporation wants to enter into a lonll term flow control agreement with the
City prior to executing a purchase opl1on for the transfer station site property
and prior to approval of the special land use permit by the Redevelopment
Agency. Staff recommends approval of the resolution. (Deputy City Manager
Krempl)
ITEMS PULLED FROM THE CONSENT CALENDAR
This Is the time the Cu, Council will discuss items which have been removed from the Consent Calendar.
Agenda items pulled at the request of the public wUl be considered prior to those puUed by Councilmembers.
PUblic comments are limited to jive minutes per individual.
OTHER BUSINESS
22. CITY MANAGER'S REPORTlS)
a. Scheduling of meetings.
b. Advocation, Inc. availability to meet with Council on afternoon of 12/12/95.
23. MAYOR'S REPORTlS)
a. Ratification of appointments: Jerry Schlegel - International Friendship Commission, Linda Jean
Allen - Resource Conservation Commission; and Katie Baker - Youth Commission.
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Agenda
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December 5, 1995
24. COUNCIL COMMENTS
ADJOURNMENT
The meeting will adjourn to (a closed session and thence to) the Regular City Council Meeting on December 12,
1995 at 6:00 p.m. in the City Council Chambers.
A Joint Meeting of the City CouncillRedevelopment Agency will be held immediately following the City Council
Meeting.
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CLOSED SESSION
Unless the City Anomey, the City Ma1lllger or the City CouncU staJes otherwise at this time, the CouncU will
discuss and deliberote on the JolJiJwing items of business which are pennitted by /all' to be the subject of a c1ased
session discussion, and whicn the CouncU is ndvised should be discussed in closed session to best Gfject the
interests of the City. The CouncU is required by /all' to return to open session, issue any reports of action
taken in c/ased session, and the yotes taken. Howeyer, due to the typical length of time taken up 'Y c/ased
sessions, the videotaping will be tenni1lllted at this point in order to $Oye costs so that the CouncU's return from
c/ased session, reports of 1iMl action taken, and ti4journment will not be videotaped. Neyertheless, the report
of final action taken will7iincorded in the minutes which will be aMi/able in the City Cleric's Office.
25.
~NFERENCE WITH LEGAL COUNSEL - Anticipated litigation pursuant to Govenunent Code
tion 54956.9
. Significant exposure to litigation pursuant to subdivision (b) of Section 54956.9: 1.
SALE AND DISPOSITION OF REAL PROPERTY - Pursuant to Govenunent Code Section 54956.8
. Purchase of property from R.E. Hazard Contracting Company, 1855 Maxwell Road, Chula Vista,
CA.
CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section 54957.6
.
Agency negotiator: John Goss or designee for CVEA, WCE, POA, IAPF, Executive
Management, Mid-Management, and Unrepresented.
Employee O!_~anization: Chula Vista Employees Association (CVEA) and Western Council of
Engineers (WCE), Police Officers Associal1on (POA) and Internal10nal Association of Fire
Fighters (IAFF).
Unrepresented employee: Executive Management, Mid-Management, and Unrepresented.
26. REPORT OF ACTIONS TAKEN IN CLOSED SESSION
*****
r;
November 30, 1995
SUBJECT:
The Honorable Mayor and city Council
John D. Goss, city Manager~
city council Meeting of DebLmber 5, 1995
TO:
PROM:
This will transmit the agenda and related materials for the regular
City Council meeting of Tuesday, December 5, 1995. Comments
regarding the Written communications are as follows:
5a. This is a letter from the City Attorney stating that there was
no observed reportable action taken by the City council in
Closed Session on November 21, 1995. IT IS RECOMMENDED THAT
THE LETTER BE RECEIVED AND FILED.
JDG:mab
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CllY OF
CHUlA VISTA
OFFICE OF THE CITY ATTORNEY
Date:
November 28, 1995
From:
Bruce M. Boogaard, City
To:
The Honorable Mayor and
Re:
Report Regarding Actions Taken in Closed Session
for the Meeting of 11/21/95
The City Attorney hereby reports to the best of my knowledge from
observance of actions taken in the Closed Session, that there were
no actions taken in the Closed Session of 11/21/95 which are
required under the Brown Act to be reported.
BMB:lgk
C:\lt\clossess.no
S'a.- ~ /
(:)
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 691-5037
This is the revised Ordinance No. 2654
approved by Council on November 21, 1995
with the deletions of Change Nos. 4
(Campaign Debt) and 6 (Independent Expenditure
Committees) for later consideration.
ORDINANCE NO. 2654
AN ORDINANCE AMENDING CHAPTER 2.52 OF THE CHULA r..'\O~
VISTA MUNICIPAL CODE TO CLARIFY THE CONTRIBUTIONS ...,d~,
LIMITATION WHEN TWO ELECTIONS FOR DIFFERENT TERMS 'f:J-
OF OFFICE FOR THE SAME SEAT ARE OCCURRING ~<V
SIMULTANEOUSLY, TO APPLY THE CITY'S CONTRIBUTIONS ~'" .
PROHIBITIONS AND LIMITATIONS TO INDEPENDENT ~<v"I
EXPENDITURE COMMITTEES, AND OTHER CHANGES S) ~
OO~
C:J~.'
The City Council of the City of Chula Vista does ordain as follo"ws:
SECTION I: That Chapter 2.52 of the Chula Vista Municipal Code is hereby amended
to read as follows:
Sections:
2.52.010
2.52.020
2.52.030
2.52.040
2.52.050
2.52.060
2.52.070
2.52.080
2.52.090
2.52.100
2.52.105
2.52.110
2.52.120
2.52.130
2.52.140
2.52.150
2.52.160
2.52.165
2.52.170
Chapter 2.52
CAMPAIGN CONTRIBUTIONS
Findings.
Purpose.
Interpretation of this Ordinance.
Definitions.
Limitation on Contributions from Persons.
Prohibition of Contributions by Organizations.
Written Solicitations by Candidates.
Returned Contributions.
Loans.
Family Contributions.
Notice Regarding Personal Funds.
One Campaign Committee and One Checking Account per Candidate.
Prohibition on Transfers.
Contents of City Campaign Statements.
Duties of Treasurers and Candidates.
Duties of City Clerk with Respect to Campaign Statements.
Audits.
Disqualification and Disclosure.
Criminal Sanctions.
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council Agenda Statement
Item Title:
6
Ite~
Meeting Date: No:ve,m~ 1995 /':;~~{
Ordinance No. 2654 - AMENDING THE CAMPAIGN ~\O~
CONTRIBUTIONS ORDINANCE TO CLARIFY THE ~~O~
CONTRIBUTIONS LIMITATION WHEN TWO ELECTI~ rprOR
DIFFERENT TERMS OF OFFICE FOR THE ~AM QP~T ARE
OCCURRING SIMULTANEOUSLY, TO APPLY CITY'S
CONTRIBUTIONS PROHIBITIONS AND.~ ATIONS TO
INDEPENDENT EXPENDITURE COMMt~S, AND OTHER
CHANGES. ~'(.)
Submitted by:
Bruce M. Boogaard, City Attorney
Agenda Classification:
( ) Consent
(XX) Action Item
( ) Public Hearing
( ) Other:
4j5ths Vote: ( ) Yes (X) No
With the simultaneously occurring general and special elections
coming in March, 1996, questions from potential candidates have
arisen as to the operation of the City's campaign contributions
ordinance which can and should be resolved by the Council action
rather than legal interpretation.
Issues, analysis and recommendations are contained herein.
Recommendation: Debate and as appropriate, adopt all or part of
the attached ordinance containing the following changes:
Change No.1: Treat simultaneously occurring mUltiple
elections for different terms for the same seat as a "single
election" for the purpose of the $250 per person limitation.
change No.1 (A). Make Change No.1 retroactively
applicable for contributions received in this campaign
cycle prior to effective date of this ordinance,
requiring a return of any contributions in excess of
limi ts .
change No.2: Make the $250 per person limitation apply on
a per (pending) election event basis instead of the "per election
period" basis. contributions for speculative election contests,
such as run-off elections during a general election campaign
period, would be disallowed.
Change No.3: Prohibit advancin~ contribuTions for
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Meeting Date: 11/21/95
Page 2
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prospective campaigns to avoid the contributions limitations.
Change No.4: Allow the maximum $250 per person per
election event contribution limitation to apply for up to two
months after the election event to the extent necessary to repay
campaign indebtedness.
Change No.5: Allow a candidate to transfer funds from a
campaign for a general or special election contest to his or her
consequent runoff contest if the candidate is eligible to
participate in the runoff.
Change No.6: Make the organizational prohibition on
contributions and the $250 limit on individual contributions
apply to independent expenditure committees' if the contribu-
tions to same, or a comparable amount of other funds, are
intended to be used for the promotion of a particular candidate
for city office.
other minor wording changes are proposed as marked on Exhibit A.
Boards and Commissions Recommendation:
The Ethics Board has recommended applying the current
individual limits and organizational prohibitions to independent
expenditure committees.
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Discussion:
The current and proposed changes are shown in the attached
ordinance as are other miscellaneous wording changes.
Change No.1. Multiple Elections for Different Terms for the
Same Seat.
In March, 1996, we will be conducting two types of election
at the same time but for different terms: (1) a general
municipal election for the full four year term ending December,
2000 ("Full Term Election"), and a special municipal election for
a short term ending December, 1996 ("Short Term Election").
Several potential candidates interested in the March, 1996
1. An IEC is one that is not working "at the behest of" the
candida~e it supports.
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Meeting Date: 11/21/95
Page 3
election have questioned how the limitation provisions2 will
apply to that election.
Two elections on the same day for different terms of the
same seat will add little additional expense to a candidate
running simultaneous to be elected to both terms: a singular set
of signs for name recognition will be needed; the same mailers of
the same approximate size (as when a single election is held)
will be needed; the same registered voter information and labels
will be needed; the same advertisements will be needed; the same
doors will need to be knocked on; etc.
Furthermore, there is an equity in making the rules clear
well in advance of the election. This way, all candidates and
contributors will be governed by the same set of rules thus
preventing the situation where one candidate claiming a more
liberal interpretation of the existing language, would
effectively be able to double the limitation to the competitive
disadvantage of an opposing candidate with a more conservative
interpretation.
Therefore, as Change No.1, the proposed clarification
contained in the attached ordinance provides that, for the
purposes of the monetary limitations contained in the ordinance,
multiple elections concurrently held for different terms of the
same seat shall be treated as a single election, thereby imposing
a $250 per person limit on contributions in such cases (herein,
the "simultaneous Multiple Elections Rule").
This Change also permits a single reporting form for the
March election.
Change No.1 (A).
Retroactive Aoolication of Chanqe No.1
If the Council is inclined to agree with this proposed
clarification, there is an issue of retroactive application of
the new rule which the Council will need to decide: What if a
candidate has already, and prior to the clarification ordinance
becoming effective, received a contribution from one person in an
amount in excess of $250 but less than $500 in reliance on the
interpretation that the limit applies independently to each
election?
We have no evidence that any such situation has yet
2. Th~~e are time limits on contributions: 1\ months before the
election; and monetary limits: $250 per person.
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Page 4 """'.
occurred.
We recommend that the Council declare that the amendment is
a clarification of existing law and apply it retroactively for
this election contest. Accordingly, any amount received prior to
the effective date in excess of $250 from a single contributor be
required by the candidate to be returned to the contributor.
Change No.2. Make the contributions Limit Applv on a Per
Election Basis.
The rate at which contributions are currently limited is
$250 per "election period":
2.52.050 Limitation on contributions from Persons.
B. Monetarv Limitation for Makino Contributions.
No person shall make to any candidate for City elective
office, and no such candidate shall accept from any
person, a contribution or contributions totalling more
thall $250 in any sinole election period. 70 the extent ""'"
federal law prohibits limitations on expenditures, this
ordinance is meant to be consistent with federal law.
(emphasis added)
Subsequent amendments have made it seem as though a "per
election event" basis was intended, as explained below, and I
would recommend that we amend the ordinance to more directly
state same.
A "single election period" is defined in section 2.52.040
("Definitions") (F), which provides:
F. "Election Period" means the entire time period
between elections for the City elective office.
This would include the time period between each
election for the same elective office, including
separately as applicable, each primary,3 general,
3. We don't have primaries at the city level. We have generals,
and then runoffs, if a clear winner isn't declared. If the "per
election period" concept remains, this word needs deletion, and
the short election period runoffs should be specifically added,
although it might fall within the concept of "other" as used ........
later in this sentence. 1
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Meeting Date: 11/21/95
Page 5
recall or other election' for that office.
Hence, while normally, an election period would be a four
year term, if the office holder were recalled, or the office
otherwise became vacant, the nominal four year term was shortened
to the time for the special election, thereby allowing Contribu-
tor X to contribute $250 for Candidate A in the original elec-
tion; and assuming a recall attempt on Candidate A. Contributor X
could contribute another $250 to Candidate A to help deter the
recall effort, even though it might be within the nominal 4 year
term.
But as provided, the language was ambiguous enough to
prohibit Contributor X, who gave $250 to Candidate A in a general
municipal election for Seat No.1, 2 years later, from giving
Candidate A another $250 for a Mayoral race, since it was still
within the nominal four year "election period" for Seat No.4.
To address this presumably "unintended" risk caused by the
"election period" concept, the Council amended Section 2.52.050
to add subparagraph (C), to allow the contribution:
C. Notwithstanding subsection B, when a candidate is
running for reelection5 or the office of mayor or
the mayor is running for a council office, he or
she may accept contributions of up to $250 from
contributors to his or hpr prior candidacy.6
4. Presumably, this could include special elections to fill a
vacancy, special runoff election and/or general runoff elections.
5. This word is a point of confusion because it seems to say
that notwithstanding the prohibition on giving more than $250 in
an election cycle, a candidate running for "reelection" can get
another $250 from the same contributor. But then, you can't run
for reelection until you've won a prior election, in which case
the new election period would start again anyway, even if the
first election was a special election to fill a vacancy!
6. with the "election specific" rule proposed above, this
section would no longer be necessary. It appears to be written
prior to the "Time Limitation" on contributions in Paragraph A
(11 months), and clearly was written before the run-off election
criteria. This paragraph is getting to the notion that the
contributions limitation, prior to run-off elections, were
election specific, and not candidate specific, so that one
(con'":inued... )
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This was an attempt to make the contributions limitation as
"election specific" (i.e., make the $250 limit applicable to each
election) as needed under the circumstances--there were no
runoffs at that time. But with the advent of run-off elections
which can now occur within the typical 4 year election cycle, and
now, even within the 11 month rule, it seems fair to abandon the
"election period" concept and make the limitations provision
"~lection-specific".
In this way, Contributor X may be able to give $250 to
Candidate A for a primary election to Seat No.1, but if his/her
candidate does not win by a clear majority, Contributor X will be
able to give an additional $250 to Candidate A for the requisite
run-off election. If Candidate A is unsuccessful in that race,
but runs in a special election for vacant Seat No. 2 within 1
year, contributor X can give another $250 for that contest
without question that it may be a prohibited contribution within
the "election period" for Seat No. 1. Say Candidate A now wins
the special election and, in the next 1 1/4 years, Candidate A
wants to run for mayor, Contributor X can give another $250 for
that contest also.
Hence as proposed Change No.2, section 2.52.050 (B)
("Monetary Limitation for Making Contributions") would read:
-..
"B. No person shall make to any candidate for City elective
office, and no such candidate shall accept from any
person, contribution or contributions totalling more
than $250 for a sinqle election contest. iR aRY aiR~le
eleetieR periea.7 To the extent federal law prohibits
6. (. . . continued)
contributor could contribute up to'$250 to Candidate A's bid for
Seat No. 1 at any time in a 4 year period (later limited to 11
months) and another $250 to Candidate A's bid for Seat No. 2 (say
the Mayoral seat) in the 4 year period, should a vacancy arise.
7. The rate at which contributions were limited used to be $250
per 4 year election cycle. ("Single Election Period" meant the 4
year term of office.) Later, subsection C, below, was written to
allow another $250 contribution from the same person to the same
candidate if the councilperson was running for a different seat,
usually t~e Mayoral seat, or rerunning for his/her same seat in a
different term. In essence, this was an attempt to make the
contributions limitation "election specific" (i.e., make the $250
limit applicable to each election.) without specifically saying
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Meeting Date: 11/21/95
Page 7
limitations on expenditures, this ordinance is meant to
be consistent with federal law."
If the "per election event" basis for limitations is
adopted, we could and should also delete subparagraph C and D
which now reads as follows:
"c. Notwithstanding subsection B, when a candidate is
running for reelection for the office of mayor or the
mayor is running for a council office, he or she may
accept contributions of up to $250 from contributors to
his or her prior candidacy."
D. Notwithstanding Subsection A, where a special election
is called to fill a vacancy, contributions shall be
permitted from the date the vacancy is declared by the
city council to the date of the election."
The point is, that with all the exceptions written into the
current ordinance modifying the "per election period" ba~is for
limiting contributions to a "per election event" basis, Change
No. 2 is not a significant change, but merely a more direct way
of wording the constraint, and more adaptable to an environment
where we are getting more elections vis a vis runoffs.
Change No.3: Prohibit Advancinq Contributions For Prospective
Campaiqns.
The existing ordinance does not specifically prohibit
contributor X from contributing, on Day 1, his or her limit of
$250 to Candidate A for the general municipal election in 1996
and, at the same time, contributing another $250 to Candidate A
for the anticipated runoff election in 1996 should Candidate A
not be the "clear winner".
Prior to the advent of runoff election, we did not face this
problem because the 11 month time limit on contributions being
7. (...continued)
so. But with the advent of run-off elections which can occur
within the typical 4 year election cycle, and now, even in the 11
month rule, it seems fair to make the limitation election
specific. In this way, contributor X may be able to give $250 to
Candidate A for a primary election, but if their candidate does
not win by a clear majority, contributor X will be able to give
an additional $250 to Candidate A for the requisite run-off
election.
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Meeting Date: 11/21/95
Page 8
"
received in advance of an election event prohibited it.
But with runoffs being conducted within three months of the
predecessor general or special election so that there would be
coextensive times within 11 months of each, this adverse scenario
could produce an unregulated "loophole".
To cover such a risk, I recommend not permitting a
contribution to be received sooner than the time at which the
need for the election became certain, such as with a "call" of
election.
section 2.52.050 (A), could be amended to add the phrase:
". . .but in no event sooner than the date upon which the
holdinq of the election contest becomes certain. "
Change No.4: Permit Post-Election contributions (Up to $250) to
Reduce Campaiqn Debts for Two Months.
Under the current structure, the contributions limitation of
$250 per person applies between elections, and under a literal
interpretation of the ordinance, as of the date after the ~
election, resets at $0. A candidate capable of commanding post-
election contributions to defray debts is tempted, perhaps
justifiably, to solicit same.
If a "fresh" contributor6 makes a contribution in the new
election cycle, but right after the old election to help defray
the costs of the old election, there won't be a violation of the
11 month time limitation9 or the old "per election period"'o or
the new "per election event" limit.
8. One who has not contributed any pre-election funds.
9. 2.52.050 (Al provides:
"No person shall make to any candidate for City elective
offices, and no such candidate shall accept from any person,
a contribution sooner than eleven months preceding the
election for which the contribution is made or intended."
10. Because a new election period has started. It may cause
aggregation problems for the candidate in the election 4 years
from now.
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Page 9
But if a "tapped out" contributor" wants to make the same
post election contribution, if it were allowed on the theory that
a new election period had begun and the limit had been reset to
$0, it would seem to be an abuse of the $250 per person
contribution philosophy as well as the early contribution
philosophy.
And if a "partial" contributor'2 wants to make a post
election contribution, if it were not allowed on the theory that
it was not within the 11 month time limit for the next election
cycle, it would seem to be an unfair limit on the right of the
candidate to recover costs of campaigning.
.
Rather than struggle with interpreting how the existing
regulatory framework attempts to deal with the post-election
contribution, I suggest we determine what is a fair method and
articulate it in the ordinance. Toward that end, I would
recommend (1) prohibiting the post-election contribution from the
"tapped out" contributor; (2) permitting the "fresh contributor"
and the "partial" contributor to make a post-election
contribution up to the personal limit of $250; but (3) only to
the extent necessary, on a cumulative ba~is, to retire campaign
debts, prohibiting any subsequent post-election contributions
after that; (4) or if it can be done within 2 months after the
election (at which time the contribution activity should cease
until the next election).
In order to accommodate Change No 4, section 2.52.050 (A)
could be modified to read:
"No person shall make a contribution to any candidate for
City elective offices sooner than eleven months precedinq,
or later (if and to the extent necessary to pay off a
ca~pa;qn indebtedness) than two months followinq, an
election contest, and no such candidate shall accept from
any person, such a contribution."
Change No.5: Allow Transfers for Runoff Elections.
Currently, a candidate may not transfer funds from one
campaign activity to another campaign activity, even if it is for
re-election to the same office four years later. section
11. One making the full $250 contribution prior to the election.
. 12. One which has given less than the full maximum contribution,
say $100.
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Meeting Date: 11/21/95
Page 10
.......
2.52.120 (B) provid~s:
"B. No candidate shall use or transfer contributions
received for his or her campaign for City elective
office to any campaign by the same person as a
candidate for the same office or any other elective
office consistent with state law."
since the changes herein proposed will treat a campaign for
a runoff election as a separate campaign activity from a campaign
for the preceding general or special campaign, it is important to
decide whether transfers are allowed for runoff campaigns.
It seems appropriate to permit such transfers as an
exception to the standing rule because the runoff effort is an
extension of the original election activity for which the
contribution was originally made--i.e., to get Candidate A in
office. Otherwise, unspent funding in the general campaign would
be unusable for its intended purpose.
Therefore, the attached ordinance proposes to make an
exception to the existing prohibitions on transfers, as follows: .......
"B. No candidate shall use or transfer contributions
received for his or her campaign for City elective
office to any campaign by the same person as a
candidate for the same office or any other elective
office consistent with state law, except that a
candidate eliqible to compete in a consequent runoff
contest mav transfer contributions received for the
predecessor election contest to that candidate's
campaiqn committee for the runoff election contest."
Change No.6. Applv Campaiqn Contributions Ordinance to
Independent Expenditure Committees.
While it was set in place before this author arrived at the
City, based on its contents, the organizational contribution
prohibition appears to be based on the philosophy, in part, that
organizations should not be entitled to participate in the
electoral process apparently because (1) they represent special
interests which are typically disassociated from the needs of
human citizens; and/or (2) organizations have a unique ability,
greater than the typical individual, to assemble capital and to
use that capital in order to advance their special needs through
the electoral process.
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Meeting Date: 11/21/95
Page 11
It also appears, based on the fact that an individual's
contribution is limited to $250 per contributor, that there
should be a broad base of low cost involvement in political
campaigns in order to assure the candidate has to appeal to a
broad spectrum of the community and not be beholden to any single
large contributor for their seat or office.
At any rate, the City Attorney's Office has been receiving
complaints for years now that there is a "loophole" in the
regulatory scheme in that no corporations, political action
committees, or other types of organizations, are permitted to
contribute directly to a candidate, but if an independent
expenditure committee forms and declines to work "at the behest"
of, albeit supportive of, the candidate, they can amass
contributions from organizations and persons in any amount
completely free from the regulatory scheme of the City'S
ordinances.
The City Attorney's Office recommends that, if the policy
reasons for the no organizational dollar involvement and limited
personal contributions remain valid, they should be made
effective and not so easily circumvented by forming rEC's.
Otherwise, the entire local regulatory scheme should be abandoned
so that no candidate conducts their campaign on a set of
principles and expectations different from another.
The changes are too numerous to identify in this report and
are marked in the proposed ordinance, attached hereto.
Fiscal Impact:
The changes are to a regulatory ordinance and do not have a
cost impact to the City, other than perhaps some minor clerical
paperwork and staff time involved in answering public inquiries.
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Ordinance 2654
Page 2
2.52.180
2.52.190
2.52.200
Injunctive Relief.
Enforcement.
Severability.
2.52.010
Findings.
In enacting this ordinance, the city council of the City of Chula Vista finds and declares
the following:
A. Moderate mMonetary contributions to political campaigns are a legitimate form of
participation in the American political process, but the financial strength of certain
individuals or organizations should not permit them to exercise a disproportionate or
controlling influence on the election of candidates for city offices.
B. The rapidly increasing costs of political campaigns have forced many candidates for
elective office to raise larger and larger sums from individuals or interest groups with
a specific financial stake in city matters. This can cause the public perception that the
votes of city council members and decisions of elected officials are being improperly
influenced by monetary contributions. This perception can undermine the credibility
of the city council and the governmental process.
C. It is the policy of this city to protect the integrity of the electoral process.
D. The best interests of the citizens of this city are served by reducing the direct and
indirect costs of campaigns.
2.52.020
Purpose.
The city council of the City of Chula Vista enacts this ordinance to accomplish the
following purposes.
A. To encourage public trust in the electoral and decision-making processes of the city,
and ensure that individuals and interest groups have a fair and equal opportunity to
participate in the elective and legislative process.
B. To reduce the influence of large contributors with a specific financial stake in matters
before the city, thus countering the perception that decisions of city officials are
influenced more by the size of contributions than the merits of proposals or the best
interests of the people of the city.
2.52.030
Interpretation of this Ordinance.
Unless the term is specifically defined in this ordinance or the contrary is stated or
clearly appears from the context, the definitions set forth in the Political Reform Act of 1974
(Government Code Sections 81000 et. seq.) shall govern the interpretation of this ordinance.
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Ordinance 2654
Page 3
2.52.040
Definitions.
A. "Agent". For purposes of this section, a person is the "agent" of the party to, or a
participant in, a proceeding involving a license, permit or other entitlement for use only
if he or she represents that person in connection with the proceeding involving the
license, permit or other entitlement for use. If an individual acting as an agent is also
acting as an employee or member of a law, architectural, engineering or consulting
firm, or a similar entity or corporation, both the entity or corporation and the individual
are "agents".
B. "Candidate" means a candidate for any city elective office, the candidate's campaign
committee, committee(s) controlled by the candidate, agents of the candidate, and any
person acting at the behest of a candidate. An incumbent shall be presumed to be a
candidate unless he or she files a written statement with the city clerk stating ~~
he or she does not intend to be a candidate for the next election for his or her office.
C. "City Campaign Statement" means the statement which, to the extent practicable,
shall be similar to or consolidated with that required by state law.
D. "City Elective Office" means the offices held by members of the city council and any
other separately elected offices of the city.
E. "Contributions" are defined in a manner identical with the definition found in
Government Code Section 82015 and any related provisions in the California
Administrative Code, except that, notwithstanding anything contained herein to the
contrary, a payment by a third party to, or for the benefit of, a council person made and
used for the express purpose of offsetting costs already incurred by that councilperson
in the defense of a criminal or administrative prosecutorial action against said
council person, and not made or used for the purpose of aiding in the election of said
council person, and not made within (before or after) 100 days of an election in which
the councilperson is competing for a seat or office, shall not be deemed to be a
contribution for the purposes of this chapter.
F. "EleetieA Peria~" meSAS the sAtire timB flerieef bet':.eeR eleetisAs fer tl=\e ait'; eleetive
anise. Tl::1is VJ9\;JIEI iAeh:Jeie tAB time J3erisei aSh-/eeA sash sleetieR fer the same eleeti'.e
effiee, iReh:lsiAg separatel'l as BPl9lieal3le, saeA primary, geAersl, reeall af ether sleetieR
fer tAst aHiee.'
G. "Intermediary" means a person who delivers to a candidate or committee a
contribution from another person unless such contribution is from the person's
employer, immediate family or an association to which the person belongs. No person
who is the treasurer of the committee to which the contribution is made or is the
candidate who controls the committee to which the contribution is made shall be an
intermediary for such contribution.
1This is proposed for deletion since the time limits for
taking contributions has been set at a maximum of 11 months prior
to an election event.
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Ordinance 2654
Page 4
H. "Organization" means a proprietorship, labor union, firm, partnership, joint venture,
syndicate, business, trust, company, corporation, association, or committee, including
a political action committee.
I. "Person" means a natural individual.
J. "Political Purpose" means an action by a candidate for the purpose of influencing, or
attempting to influence, either directly or indirectly, the actions of the voters for or
against the election of that candidate or any other candidate for the same city elective
office.
K. "State Campaign Statement" means an itemized report which is prepared on a form
prescribed by the Fair Political Practices Commission and which provides the
information required by Chapter 4 of Title 9 of the Government Code.
L. "Party" means any person who files an application for or is the subject of, a
proceeding involving a license, permit or other entitlement for use.
M. "Participant" means any person who is not a party, but who actively supports or
opposes a particular decision in a proceeding involving a license, permit or other
entitlement for use, and who has a financial interest in the decision as described in
Article 1 (commencing with Section 87100) of Chapter 7. A person actively supports
or opposes a particular decision in a proceeding if he or she lobbies in person, the
officers or employees of the city, testifies in person before the city, or otherwise acts
to influence officers of the city!
2.52.050
Limitation on Contributions from Persons.
A. Time Limitation for Makino Contributions.
2change No.6, a proposal to regulate independent expenditure
committees, was not adopted. It will be brought back for separate
consideration. It read:
"N. "Regulated Independent Expenditure Committee" means an
independent expenditure committee as defined in
Government Code sections 82013 and 82031 which supports
or opposes in whole or in part a candidate for City
elective office if contributions are made to said
commi ttee with the intent that they, or a comparable
amount of funds otherwise owned by, or under the control
of, the committee be used to support or oppose a
particular candidate for a City elective office."
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Ordinance 2654
Page 5
No person shall make a contribution to any candidate for city elective offices sooner
than eleven months nrecedino3 an election contest but in no event sooner than the
date unon which the holdino of the election contest becomes certain, and no such
candidate 4 shall accept from any person, ~a contribution seeRer tt-taR ele\'eR
m8AtA9 preeeetiAg the sleetieR fer ".".'hisl:1 the eSAtriBl:JtisA is meets or iAteAEleEl. ~
B. Monetarv Limitation for Makino Contributions.
No person shall make to any candidate for city elective office, "and no such
candidate7 shall accept from any person, a ~ contribution or contributions totalling
more than $250 for a sinole election contest. iR aRY siA!jle eleetieR llerieE!. To the
extent federal law prohibits limitations on expenditures, this ordinance is meant to be
consistent with federal law.
1. Same Dav. Same Office. Multiole Election Rule.
For the ourooses of this section. multiole elections scheduled to be held on the
same dav for the same office. but for different terms. such as in the case of a
soecial election to be held to fill a vacancv. and a oeneral municioal election to
be held to fill a full lenath term. shall be deemed to be a sinale election for
determinina the monetarv limitation. This section is deemed to be declaratorv
of existina law. and shall aoolv to all contributions received orior to and after
the effective date of this ordinance for if the contribution was intended to be
used in connection with the electiQn commencina in March. 1996. To the
extent that the ooeration of this section reauires the return of anv contributions
3change No. 4 was deferred for further evaluation re the
handling of cash excesses and deficiencies in a campaign:
". . .or later (if and to the extent necessary to payoff a
campaign indebtedness) than two months following,. . ."
4Change No. 6 not (yet) approved. It read at this point: ".QJ;:
such Recrulated Independent Expenditure Committee"
5Change No. 4 not yet approved. It was proposed as follows:
"The two-month post election contribution period herein called mav
be tolled for such period of time as existina or imminent Iv
threatened litiaation makes the existence or extent of campaian
debt uncertain durina the threat of or existence of such
litiaation."
"Change
this point:
Committee"
No.6, not approved, had been proposed as follows at
"or to any Regulated Independent Expenditure
7"or such Regulated Independent Expenditure Committee"
."such"
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Ordinance 2654
Page 6
in excess of the limitation herein imoosed. the candidate and/or reaulated
indeoendent exoenditure committee shall so return such excess contribution.
C. Net'.vitAstaAeliAg s1:IBseetieA e, v;l:leA a eaAelieJate is r1:lAAiA@ fer reeleetieA ef tAB effiee
at me'/sr Sf tAe mayar is niAAiAg fer a ee1:lAeil affies, AS Sf sAe may aeeept
8eAtrisl:JtisAS af b1P te t2SQ fram eeAtris1:It9rs te l=ais Sf I:ter J3rier eSAeliElaey.
O. ~J8t\vitAstaR8iAg slibseetieA A, 'Nhere a sJ3eeial sleetieR is aalleEl te fill a vaeaASY,
eeAtrii:n.:ltieAS 91:\811 he permittee tram tt:le elate the vaeaAe'l is E1eelar:eel e~, the ait.,'
6el:lAeil te tAe elate af tl:1e eleetieR.
2.52.060
Prohibition of Contributions by Organizations.
A. Prohibition.
No organization (e.a.. corooration. oartnershio. trust. association. committee. etc.)
shall make a contribution to any candidate", and no such candidate'Oshall accept a
contribution from an organization.
B. Rule of Attribution to Oraanization.
All contributions made by a person whose contribution activity is financed, maintained
or controlled by an organization or any other person shall be deemed to be made by
that organization or other person. If the contribution is deemed made by an
organization, it is prohibited by subdivision A. If deemed to be made by another
person, it shall constitute a contribution by a "committee" (a form of "organization")
and thereby also is prohibited by subdivision A.
2.52.070
Written Solicitations by Candidates.
Any candidate making a written solicitation for a contribution for his or her campaign
for city elective office shall include the following written notice in no less than ten point type
on each such solicitation:
NOTICE
Ordinance No. 2298 of the City of Chula Vista limits
contributions to campaigns for city elective office to two
hundred fifty dollars ($250) per contributor. When contributions
from an individual cumulatively amount to $100 or more. the
complete name. address. occupation and employer (or name of
9Change No.6 was proposed as follows: " or to any Reaulated
Indeoendent Exoenditure Committee"
10"or independent expenditure committee"
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Ordinance 2654
Page 7
business if self-employed) of each donor must be reported in the
city campaign statement.
2.52.080
Returned Contributions.
A contribution shall not be considered to be received if it has not been negotiated,
deposited. or utilized. and is returned to the donor within ten (10) days of receipt, or no later
than the date on which the candidate is required to file a State or city Campaign Statement.
whichever date is earlier.
2.52.090
Loans.
A. A loan shall be considered a contribution from the maker and the guarantor of the loan
and shall be subject to the contribution limitations of this ordinance. Loans from the
candidate to him or herself shall be subject to the contribution limitations of this
ordinance.
B. The proceeds of a loan made to a candidate by a commercial lending institution in the
regular course of business on the same terms available to members of the public and
which is secured or guaranteed personally and solely by the candidate shall not be
subject to the contribution limits of this ordinance.
C. Extensions of credit. other than loans pursuant to subsection B. for a period of more
than thirty (30) days are subject to the contribution limits of this ordinance.
2.52.100
Family Contributions.
A. Contributions by a husband and wife shall be treated as separate contributions and
shall not be aggregated where the checks are drawn separately and signed by the
spouse making the contribution.
B. Contributions by children under the age of eighteen (18) shall be treated as
contributions by their parents and attributed proportionately to each parent (one-half
to each parent or the total amount to a single custodial parent).
2.52.105
Notice Regarding Personal Funds.
A. No candidate ~shall expend or contribute more than $5.000 in personal funds in
connection with "'is er "'er ~election campaign unless and until the following
conditions are met:
llchange No. 6 read: "or other person, including a Regulated
Independent Expenditure Committee,"
t. -/1
i?"
Ordinance 2654
Page 8
1. Written notice of the candidate's ~intent to so expend or contribute in
excess of $5,000 shall be provided to the city clerk and all opponent
candidates. The notice shall be delivered personally or sent by registered mail
and shall specify the amount intended to be expended or contributed; and,
2. All personal funds to be expended or contributed by the candidates shall first
be deposited in the candidate's campaign contribution checking account at least
n days before the election. The required notice shall be given no later than 24
hours after the date of the deposit or 21 days prior to the election whichever
occurs first.
B. If sent by mail, the notice to opponent candidates shall be sent to the last known
address of the opponent candidates as shown in the records of the city clerk.
2.52.110
One Campaign Committee and One Checking Account Per Candidate.
A candidate for city elective office shall have no more than one campaign committee
and one checking account for each election. from which all contributions shall be accounted
for. and out of which all expenditures shall be made.
A. Same Dav. Same Office. Multiole Election Rule.
For the ourooses of this section. multi ole elections scheduled to be held on the same
dav for the same office. but for different terms (such as in the case of a soecial
election to be held to fill a vacancv in a Seat. and a oeneral municioal election to be
held to fill a fulllenoth term for same Seat) shall be deemed to be a sinole election for
the ourooses of this section.
2.52.120
Prohibition on Transfers.
A. No candidate for city elective office :..:..shall make any contribution from his er her
campaign funds'4 to another candidate running for city elective office or to a
candidate for a non-city elective office.'5 This section shall not prohibit a candidate
from making a contribution from his or her own personal funds to his or her candidacy
or to the candidacy of any other candidate for elective office.
12Change No.6: "or other person's"
13change No.6 read: "and no Regulated Independent Expenditure
Committee"
14Inserted at this point in the original was part of Change No.
G, and read as follows: "intended for one candidate"
15Change No. G read as follows:
Independent Expenditure Committee"
"or to another Regulated
~;~
ir7
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Ordinance 2654
Page 9
B. No candidate ~shall use or transfer contributions received for his er I'ler .Q!N
campaign for city elective office to any other campaign by the same person as a
candidate for the same office or any other elective office consistent with state law,
exceot that a canc;jidate eliQible to comoete in a conseQuent runoff contest mav
transfer contributions received for the oredecessor election contest to that candidates
camoaiQn committee for the runoff election contest.
C. The use of any funds which were received prior to January 1, 1989, shall be governed
by the Political Reform Act (Government Code Section 81000 et seq.l and any
regulations adopted by the Fair Political Practices Commission pursuant thereto.
2.52.130
Contents of City Campaign Statements.
A. All city campaign statements required to be filed with the city clerk pursuant to this
ordinance shall contain the following information:
1. The information required by Government Code Section 84211 and any
administrative regulations adopted pursuant thereto; and
2. Any information required by the city clerk.
B. All city campaign statements required to be filed with the city clerk pursuant to this
ordinance, shall be on a form prescribed by the city clerk. To the extent practicable,
such form should be similar to, or consolidated with, those required by state law.
2.52.140
Duties.of Treasurers and Candidates.
All city campaign statements filed under this ordinance shall be signed under penalty
of perjury and verified by both the candidate and the campaign treasurer. The verification
shall state that the candidate and the campaign treasurer have used all reasonable diligence
in its preparation, and that to the best of their knowledge it is true and complete.
2.52.150
Duties of City Clerk with Respect to Campaign Statements.
A. It shall be the duty of the city clerk to determine whether required city campaign
statements have been filed. The city clerk is hereby authorized to make that
determination only from facts and information within her knowledge, and is not
required to conduct an investigation to determine whether or not a candidate has an
obligation to file a city campaign statement.
B. It shall be the duty of the city clerk to determine whether city campaign statements
filed conform on their face with the requirements of this ordinance.
16Change No. 6 read as follows: "or Regulated Independent
Expenditure Committee" tt ~ /
/i<,
Ordinance 2654
Page 1 0
C. It shall be the duty of the city clerk to accept for filing any city campaign statement
which this ordinance requires to be filed. In those cases where the city clerk discovers
in his or her review of city campaign statements that a candidate has filed an incorrect,
incomplete or illegible statement, or a statement which cannot be reproduced, he or
she shall promptly notify the candidate of the error or omission.
However, no notification is required in those cases in which the errors or omissions are
minor ones which do not recur throughout the statement. An error or omission is
minor if it does not result in omission of the amount of an individual contribution or
expenditure. An error or omission in connection with the identification of a donor or
intermediary is minor if such person is identified by name and either street address,
occupation, employer or principal place of business. An error or omission in
connection with the identification of the recipient of an expenditure or person providing
consideration for an expenditure is minor if such person is identified by name.
2.52.160
Audits.
A. The city finance director may make, or have made, investigations or audits with
respect to any city campaign statements required by this ordinance, or any campaign
accounts for city elective office maintained by any candidate, at any time between the
last day for filing a declaration of candidacy for a city elective office and one year
following the date of the election in which a candidate is elected to that city elective
office.
B. Any candidate whose campaign statements are subject to an investigation or audit by
the city shall provide the finance director with all financial records, documents and any
other information or material required by the finance director.
2.52.165
Disqualification and Disclosure.
A. Disclosure of Contribution: Limit.
Prior to rendering any decision in a proceeding involving a license, permit or other
entitlement for use pending before the city, each councilmember who received a
campaign contribution during tile eleetieR Ilerieelanv camoaian for office in the last four
YllJlLl> in an amount of more than one thousand dollars ($1,000) in the aggregate, from
a party, participant, or their agents, or officers or agents of an organization party or
participant, shall disclose that fact on the record of the proceeding.
B. Disaualification Limit.
No such councilmember shall make, participate in making, or in any way attempt to
use his or her official position to influence the decision in a proceeding involving a
license, permit, or other entitlement for use pending before the city if the
council member has willfully or knowingly received a contribution in an amount of more
than one thousand dollars ($1,000) in the aggregate, in anv camoaian durina the last
~~p7.:2...
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Ordinance 2654
Page 11
four vears s~riR!l the eleetieR peries from a party, participant or their agents, or from
officers or agents of an organization party or participant; provided, however, that the
councilmember knows or has reason to know that the party, participant or other
agents or officers have a financial interest in the decision, as that term is described
with respect to public officials in Article 1 (commencing with Section 87100) of
Chapter 7 of the Government Code.
C. When a councilmember runs for reelection the same disclosure and disqualification
requirements set forth in "A" and "8" above apply during his or her current term of
office for contributions received towards his or her reelection.
D. Parties and participants, to a proceeding before the city council involving a license,
permit, or other entitlement for use shall disclose on the record of the proceeding any
contribution in an amount of more than one thousand dollars ($1,000) in the
aggregate, made at anv time durina the prior four vears" s~riR!l the sleetieR peries
by the party, participant, their agents, or from officers or agents of an organization
party or participant, to any city council member.
E. For the purposes of disclosure and disqualification under subdivisions 8 and C,
aggregation shall occur regardless of whether the contribution activity of an
organization's officers and agents is financed, maintained or controlled or at the
behest, consent or encouragement of an organization or another person or not.
F. The provisions of Government Code Section 84308, its implementing regulations, and
the administrative interpretations thereof by the FPPC shall be utilized in applying the
provisions of this section.
2.52.170
Criminal Sanctions.
Any knowing or willful violation of any provision of this chapter may be prosecuted
either as an infraction or as a misdemeanor at the discretion of the prosecutor.
2.52.180
Injunctive Relief.
Any candidate or other resident of the city may bring an action, at any time s~riR!l aR
eleetieR peries er thereafter, in a court of competent jurisdiction to enjoin actual or threatened
violations or, or to compel compliance with, or to obtain judicial declarations regarding, the
provisions of this ordinance.
17rt is my interpretation that this section is prospective only
as to decisions made after the effective date of this ordinance
such that, if in the future a decision is made which requires
disclosure, the elected official will need to review campaign
contributions for four years prior to acting on the matter.
~ -cZ.J
Ordinance 2654
Page 1 2
2.52.190
Enforcement.
A. The city attorney shall not investigate or prosecute any alleged violations of the
chapter, but shall defend the constitutionality and legality of this chapter in any civil
proceeding in which the city or the city council is a party.
B. Review of complaints of violation of this chapter and criminal prosecution thereof shall
be commenced only by the district attorney, unless the district attorney fails or refuses
to investigate, in which case the special counsel shall be the attorney general.
However, if the attorney general shall fail or refuse to investigate a bona fide allegation
of the violation of this chapter, the special counsel shall be such other qualified and
independent attorney who shall be appointed by the city attorney, except and unless
the alleged violation of this chapter concerns or involves the city attorney, in which
case said special counsel shall be appointed by a majority vote of the city council. No
enforcement or prosecution or action of special counsel shall be subject to the review
or control of the city council or the city attorney.
C. Any person residing in the city who believes that a violation of this chapter has
occurred may file a written complaint requesting investigation of such violation by the
special counsel. If the special counsel determines that there is reason to believe a
violation of this chapter has occurred, it shall conduct an investigation and may
commence such administrative, civil, or criminal legal action as it deems necessary for
the enforcement of this chapter.
D. The special counsel shall have such investigative powers as are necessary for the
performance of duties described in this chapter and may demand and be furnished
records of campaign contributions and expenditures of any person or committee at any
time. In the event that production of such records is refused, the special counsel may
commence civil litigation to compel such production.
E. The special counsel shall be immune to liability for its enforcement of this chapter.
F. The special counsel may maintain on behalf of the city, a candidate or other resident
of the city may maintain on their own behalf, a civil action to recover personally from
a candidate any contributions received by the candidate in excess of the contributions
limits established by this ordinance or any contributions which a candidate fails or
refuses to remit to the city clerk or return to the donor. Any money recovered in any
action maintained pursuant to this section shall be deposited in the campaign
enforcement fund.
G. Any action alleging violation of this chapter must be commenced within four years of
the time the alleged violation occurred.
H. Violations involving wilful acceptance of cumulative illegal contributions of $2500 or
more shall constitute a crime of moral turpitude pursuant to city Charter Section 303.
~ ~eJ. f
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Ordinance 2654
Page 1 3
2.52.200
Severability .
If any provision of this ordinance, or the application of any such provision to any
person or circumstances, shall be held invalid, the remainder of this ordinance to the extent
it can be given effect, or the application of those provisions to persons or circumstances other
than those as to which it is held invalid, shall not be affected thereby, and to this end the
provisions of this ordinance are severable.
SECTION II: This ordinance shall take effect and be in full force and effect on the
thirtieth day from and after its second reading and adoption.
Presented and Approved as to form by
Bruce M. Boogaard, City Attorney
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CllY OF
(HUlA VISTA
OFFICE OF THE CI1'Y CLERK
TELEFAX COVER LE1TER
Te1ecopier No. (619) 585-5612
DATE:
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TO: Star News Lel!:all Martha
FAX NO: (619) 426-6346
FROM: ~
SUBJECT: &~~
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TOTAL NO. PAGES (including cover):_ dZ
PUBUCATION DATE:
J;V:A/
If all pages are not received, please call Carla @ (619) 691-5041.
b --c2 7
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5041
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NOTICE OF ADOPTION OF ORDINANCE NO. 2654 AND SUMMARY OF
ORDINANCE OF THE CITY OF CHULA VISTA AMENDING THE
CAMPAIGN CONTRIBUTIONS LIMITATION WHEN TWO ELECTIONS FOR
DIFFERENT TERMS OF OFFICE FOR THE SAME SEAT ARE OCCURRING
SIMULTANEOUSLY
This Ordinance had its first reading on November 21, 1995 and its
second reading and adoption at the regular meeting of December 5,
1995 with the following vote: AYES: Alevy, Moot, Padilla, Rindone,
Horton; NOES: None; ABSENT: None; ABSTAIN: None.
Pursuant to City Charter section 312 (b), a full copy of said
Ordinance is available in the City Clerk's Office and is available
to all interested persons by calling 691-5041.
DATED: December 6, 1995
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Resolution - 1) accepting $66,000 of High
Intensity Drug Trafficking Area (HIDTA) Grant
funds through the Imperial County Sheriff's
Office for administrative costs associated
with the California Border Alliance Group
(CBAG) ,2) appropriating funds from
unanticipated grant revenues, and 3) amending
the Fiscal Year 1995-96 budget to include
total of 2.00 FTE positions subject to
continued grant funding.
1 t. /8'/;]7. . b t
Reso u ~on - /Approv~ng two Re~m ursemen
Agreements and two Intergovernmental Personnel
Assignment Agreements, and authorizing the
Mayor to execute said agreement, FY 1995-96.
SUBMITTED BY: Chief of POliC~~~
REVIEWED BY: city Manage~~~\/5THS VOTE: YES~ NO___)
On September 5, 1995, city Council approved the City of Chula vista
to act as the "fiscal agent" for the California Border Alliance
Group (CBAG) and act as conduit to obtain civilian support
personnel and to acquire related supplies and services. The
current request is to extend financial services for administrative
support and authorize the use of funds available from the Imperial
county Sheriff's Office.
ITEM TITLE:
A.
COUNCIL AGENDA STATEMENT
ITEM
7
MEETING DATE 12-5-95
B.
RECOMMENDATION: That Council adopt the resolution accepting the
$66,000 in HIDTA Grant funds through the Imperial County Sheriff's
Office, appropriating the funds from unanticipated grant revenues
and amend the FY95-96 budget to include a total of 1.00 FTE
positions; and Council approve the associated intergovernmental
Personnel Assignment Agreements.
BOARDS/COMMISSION RECOMMENDATION: N/A
BACKGROUND:
The United States Attorney's Office (USA) - Southern District of
california, a division of the united States Department of Justice
(DOJ) , has received federal funding to implement the California
Border Alliance Group (CBAG). The mission of CBAG is to develop
multi-jurisdictional, cooperative strategies to: a) gather
intelligence on drug traffickers; b) investigate drug trafficking
activities; c) arrest persons involved with illegal drug
trafficking and, d) to successfully prosecute those arrested.
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Page 2,
Item
Meeting Date 12-5-95
CBAG is funded through a "High Intensity Drug Trafficking Area"
(HIDTA) supplemental funding provision contained in the Federal
Appropriations Acts for each federal fiscal year from 1988 to 1995
(the current federal fiscal year) ; the Anti-Drug Abuse Act of 1988;
and, the National Drug Control strategy of 1990. San Diego and
Imperial Counties have been designated as a HIDTA due to the volume
of illegal narcotics entering the united states through the
international border frontier.
CBAG receives an annual allocation of HIDTA funding by making
application to the Department of Justice (DOJ) prior to each
federal fiscal year. The application reflects the personnel and
non-personnel costs for each agency expected to participate in CBAG
during the next federal fiscal year. Prior Council action approved
a CBAG Analyst position to June 30, 1996, which is now vacant. Now
additional funds are available from the Imperial County Sheriff's
Office to continue these administrative services. The city has
been asked to continue to coordinate and to hire the Executive
Director and Secretary for CBAG. The City will receive full
reimbursement from the CBAG account being administered by the
Imperial County Sheriff's Office until all funds are depleted.
There is currently $66,000 designated for this purpose.
DISCUSSION:
One of the primary Congressional policy objectives of CBAG is to
increase cooperation between federal, state and local law
enforcement jurisdictions. HIDTA funds cannot be expended unless
each level of law enforcement in a HIDTA designated region is
represented in the effort. The City of Chula vista and the Police
Department are one of fourteen area agencies represented. The City
of Chula vista was the only agency participating in CBAG which met
all of the united States Attorney's eligibility criteria and was,
therefore, united States Attorney's first choice to serve CBAG as
its fiscal agent.
The funding available from Imperial county Sheriff's Office (ICSO)
in the amount of $66,000 is specifically designated for
administrative support of the CBAG program. The office of National
Drug Control Policy authorized the Chula vista Police Department to
receive these grant funds through the Imperial county Sheriff's
Office for providing these services on behalf of CBAG (see
Attachment A). Administrative Support includes the Executive
Director, Analyst and Secretary positions. None of these positions
are filled at the current time. This level of funding will provide
for 1. 00 Executive Director and 1. 00 Secretary for a total of
additional FTE of 2.00. These two positions will be unclassified
and will remain filled subject to funding availability. In the
previous action, (see Attachment B) funds were appropriated to
September 30, 1995.
7-..2..
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Page 3, Item
Meeting Date 12-5-95
The Reimbursement Agreements, or funding, for the three positions
did not expire at the same time. The Reimbursement Agreement
accepted by the Council on September 9, 1995 for the Analyst
position, is effective from June 26, 1995, through June 30, 1996.
The Reimbursement Agreements for the Executive Director and
Secretary were only effective from May 1, 1995 through
September 30, 1995. The present funding made available through the
Imperial County Sheriff's Office was arranged through the United
States Attorney's Office to provide funds for the Executive
Director and Secretary until the new HIDTA Grant is received by the
united States Attorney's Office for the federal FY 1995-96 (see
Attachment A). The city staff has been advised by the united
States Attorney that the new Grant funds will be available in
January 1996. At that time, we will return to you with a
resolution to accept the funding from the united States Attorney
for the positions of Executive Director and Secretary positions.
FISCAL IMPACT: The $66,000 grant reimbursement will fund $64,680
for salary and benefits for the Executive Director
and Secretary of the CBAG project and reimburse the
General Fund for $1,320 of the City's indirect
costs.
7- :l7-1-f
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ATTACHMENT A I'Z-S"-''IS
IMPERIAL COUNTY SHERIFF - CORONER'S OFFICE ~ ?
OREN R. Fox
SHERITF-CORONER-MARSHAL
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October 25, 1995
Chief of Police Rick Emerson
Chu1a Vista Police Department
P.O. Box 1087
Chula Vista, CA 92012
RE: CALIFORNIA BORDER ALLIANCE GROUP (CBAG) SUPPORT STAFF
Dear Rick:
As a follow-up to our discussions both on Monday and again during
the CBAG Executive Committee meeting, I wanted to furnish you with
the HIDTA GRANT information as it relates to the CBAG Support
Initiative and my office.
.
On March 7, 1995, the HIDTA GRANT #94-HT 14 K005 was Awarded an
addi tional $100,000 for the specific purpose of providing CBAG
administrative support. I have attached copies of the Award, and
letters from both the CBAG Chairman and the Southwest Border HIDTA
Coordinator for your reference.
Although the original Award was for the period of 9-01-94 through
12-31-95, there was a request and approval to extend the Grant
period through June, 1996, and to reallocate $66,000 of these funds
to salary and benefits for the CBAG administrative staff. A copy
of the revised budget is also attached. ONDCP also authorized the
Chula Vista Police Department to receive these grant funds through
my office for providing these services on behalf of the California
Border Alliance Group Executive Committee.
My office requires a "Demand Letter" on your letterhead that
oe::tCiils the seL"'"Ji.;:;es proT,;.::.ded, -their cast ar~d .tr~G associa1:edbeckup
material. That backup should be copies orfpayroll data that
verifies the funds expended for the individuals and invoices for
items purchased, if any. Your "Demand Letter" should be reviewed
and authorized for payment by CBAG prior to forwarding to my office
for payment.
My Fiscal Officer, Robert Kahler will be your contact for
information concerning these funds. He can be reached at:
(619)339-6302 AX at (619)339-6348.
.
CALIFORNIA
ORF:wr
7--5
P.O. BOX 10.\0, EL CENllW, CA 92244-1040 PH6NE (619) 339-6311 FAX (619) 339-6348
A" EQUAL OPPORTUNIlI' I AFFIRMATIVE ACTION EMPLOYER
1
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Budaet Amendment Fund 219 Division 2193 - Ooeration Alliance - Secretary - CBAG
Obiect Account Amount ProDosed Use
5101 29 400 Funded Salaries
5106
5141 4410 Funded Retirement
5142 5278 Funded Flexible Benefits
5143 426 Funded Medicare
5201 Funded Professional Services
5398 Funded Computer and Telenhone Eauipment
5566 Funded Office Furniture
Total 39,514 Total Anticipated Reimbursable Expenses
.
.
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Budqet Amendment Fund 219 Division 2193 - Operation Alliance - Executive Director - CBAG
Obiect Account Amount Proposed Use
5101 77 000 Funded Salaries
5106 200 Executive Car Allowance
5141 11512 Funded Retirement
5142 7006 Funded Flexible Benefits
5143 1117 Funded Medicare
5201 Funded Professional Services
5398 Funded Computer and TelE3Qhone Eauipment
5566 Funded Office Furniture
Total 96,835 Total Anticipated Reimbursable Expenses
.
.
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COUNCIL AGENDA STATEMENT
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Item ,;2 I
Meeting Date 09/05/95
ITEM TITLE: A.
Resolution Approving an Agreement between the City of Chula
Vista and the United States Government by and through the Executive Offices
of the United States Attorney for fiscal agent services.
~
B. Ordinance Amending Section 2.05.010 of the Chula Vista
Municipal Code to add three unclassified California Border Alliance Group full-
time positions.
C. Resolution Amending the Fringe Benefit Resolutions for Executives
and Unrepresented Employees to include three California Border Alliance Group
positions.
D. Resolution Approving two Reimbursement Agreements and an
Intergovernmental Personnel Assignment Agreement and amending the budget
to appropriate the funds received under the Reimbursement Agreements to the
Employee Expenses for the three employees, and authorizing the Mayor to
execute said agreement.
REVIEWED BY:
Chief of Police V
G ft. II
City Manager ~,J ') U)
(4/5th's Vote:Yes..lL No.-J
SUBMITTED BY:
The United States Department of Justice (DOJ) has received funding through .a variety of federal
appropriations to implement the California Border Alliance Group (CBAG). CBAG is one of several
regional efforts being implemented throughout the southwestern United States by the DOJ to decrease
drug trafficking along the international border with' Mexico. The legislation authorizing funding for
CBAG requires the United States Attorney to identify local "fiscal agents" to act as a conduit to obtain
civilian support personnel and to acquire related supplies and services. This po.licy is designed to
provide an enhanced level of national security while maintaining current federal responsibilities and not
increasing the size of the full-time federal work force. The United States Attorney for the Southern
District of California, Mr. Alan Bersin, requested that Chula Vista act as the "fiscal agent" for CBAG.
The proposed ordinance and resolutions would enable Chula Vista to act in this capacity, result in the
full reimbursement of all expenditures by the City in support of CBAG and compensate the City for
related processing costs at the rate of 2% of total CBAG expenditures.
RECOMMENDATION: Approve the proposed Ordinance and Resolutions. The staff recommendation
will: 1) create 3.0 Unclassified CBAG positions; 2) provide for the City to be reimbursed for all expenses
associated with hiring these CBAG positions including a nominal processing cost reimbursement; 3)
make payments to the CBAG Executive Director for services rendered from May 1, 1995, to August
31, 1995; and. 4) make appropriate technical adjustments to the Police Department's Grant Fund
budget to support these actions.
BOARD/COMMISSION RECOMMENDATION:
N/A
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Page 2, Item_
Meeting Date 09/05/95
I. BACKGROUND
The United States Attorney's Office - Southern District of California (USA), a division of the United
States Department of Justice (DOJ), has ,received federal funding to implement the California Border
Alliance Group (CBAG). The mission of CBAG is to develop multi-jurisdictional, Cooperative strategies
to: a) gather intelligence on drug traffickers; b) investigate drug trafficking activities; c) arrest persons
involved with illegal drug trafficking; and, 'd) to successfullY prosecute those arrested. CBAG is funded
through a "High Intensity Drug Trafficking Area" (HIDTA) supplemental funding provision contained in
the Fedenll Appropriations Acts for each federal fiscal year from 1988 to 1995 (the current federal
fiscal year); the Anti-Drug Abuse Act of ,1988; and, the National Drug Control Strategy of 1990. San
Diego and Imperial counties have been deSignated as a HIDT A due to the volume of illegal narcotics
entering the United States through'the international border frontier.
CBAG receives an annual allocation of HIDT A funding by making application to the DOJ prior to each
federal fiscal year. The application reflects the personnel and non-personnel costs for each agency
expected to participate in CBAG during that next federal' fiscal year. Upon approval of this grant
application, participating agencies, inClUding the City, assigns one or more sworn Jaw enforcement
officers to CBAG. During the course of the year, participating agencies make individual claims to obtain
reimbursement from the DOJ for expenses related to their CBAG assigned officer. As articulated in the
FY 1995-96 Police Department Grant Funds -- Operation Alliance budget{219-2193), the CVPD has
assigned 1.0 Police Agent to CBAG.
The ordinance and resolutions proposed by staff will:
.
create the three new unclassified positions (CBAG Executive Director; CBAG Analyst; and,
CBAG Secretary) required to provide to an appropriate level of administrative support to this
important national security effort;
.
provide for the City to be reimbursed for all expenses associated with hiring and maintaining
the three positions including a processing fee payable to the City that will be calculated at 2%
of total funds passed through the City to CBAG;
.
execute an agreement to pay to the CBAG Executive Director a total of $26,466.68 in
reimbursable salary expenses for his w'ork in support of the CBAG from May 1, 1995, to
August 31, 1995, and absolve the City of all risks associated with his performance of CBAG
Executive Director tasks for that time period;
.
direct staff to place the three new unclassified positions in the City's salary and benefits plans,
authorize the Chief of Police, subject to the approval of the City Manager, to appoint Dennis M.
Kenneally CBAG Executive Director and Kevin Tidwell CBAG Analyst effective the official date
of City Council action on this Items; and,
direct staff to amend the Police Department's Grant Fund budget in the manner prescribed in
Attachment A.
II. DISCUSSION
A. Participation and Cooperation. One of the primary Congressional policy objectives of
CBAG is to increase cooperation between federal, state and local law enforcement jurisdictions.
Accordingly, the CBAG effort is staffed by sworn, civil service employees from local, state and federal
law enforcement agencies. HIDT A funds cannot be expended unless each level of Jaw enforcement in
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Page 3, Item_
Meeting Date 09/05/95
. HIDT A designated region is represented in the effort. Federal agencies represented in CBAG include
the United States Customs Service, the Drug Enforcement Administration and the United States Border
Patrol. State agencies represented in CBAG include the Bureau of Narcotic Enforcement, the Imperial
County Sheriff, the San Diego County Sheriff and the District Attorneys of both counties.. local
agencies represented CBAG include the San Diego Unified Port Police Department and numerous
municipal police.departments including the Chula Vista Police Department (CVPD). In total, fourteen
(14) agencies and over one-hundred sworn officers participate in the CBAG effort. The Office of the
USA coordinates the efforts of participating agencies to. ensure this cooperation and representation
exists.
B. CBAG Sworn Staffing. Notwithstanding their assignment to CBAG, sworn officers
. assigned to CBAG remain employees of their respective jurisdictions. This arrangement reflects a
Congressional directive to fund a policy of enhancing national security through increased law
enforcement effectiveness in HIDT A regions while. Simultaneously, this arrangement maintains a
general Congressional policy of not increasing the number of full-time, federal civil service personnel.
C. CBAG Support Staffing. In addition to this coordinating role, CBAG was originally
administered directly the USA's staff. .Ultimately, the USA determined that in-house staff could no
longer effectively support CBAG's expanding operations. While participating agencies have been
sympathetic to the USA's and the CBAG's administrative needs, participating law enforcement agencies
do not have the same level of flexibility with administrative staffs as they typically have with their
sworn staffs. Consequently, the USA concluded that CBAG would best be managed by dedicated
professional administrative staff. .The USA's sought and received additional federal funding to hire three
full-time administrative and managerial support personnel: an Executive Director, an Analyst and a
Secretary.
Given the Congressional policy objective of not adding to the federal civil service and the limited
availability of appropriately trained and available local law enforcement administrative personnel, the
USA had very few options in terms of how to acquire CBAG administrative staff. Each of these options
involved the use of contracting with individuals to provide the required services. From the perspective
of the USA and Congress, using contract staff in CBAG support positions has the same advantages the
use of contract staff has in the City's organization: contract staff can perform certain functions at a
lower cost than permanent employees and contract staff often provide the employer with significantly
more flexibility in meeting short- or indefinite-term administrative or operational needs that or that have
funding source limitations.
D. Fiscal Agency. The USA's Office has two options to implement a contract employee: 1)
they can use the centralized DOJ contracting office in Washington, D.C.; or, 2) they can contract with
a local agency to act as their "fiscal agent." The USA's Office is concerned with two specific aspects
of contracting through DOJ. First, it has been the USA's experience.that the DOJ's Washington, D.C.
contracting office is not particularly responsive to.the needs of the Southern California District. Second,
if the central contracting office is used, it has the ultimate authority to appoint individuals to the
positions - an authority the USA would prefer to retain. Accordingly, the USA decided to pursue the
latter alternative. And, by retaining local appointing authority, the USA was able to appoint individuals
to the Executive Director and Analyst positions who are familiar with the law enforcement operations
in the San Diego/lmperial county region and those agencies roles in the CBAG effort. The USA has
determined that this "local" knowledge will assist in making CBAG as effective and efficient as possible.
E. Why ChuJa Vista. The USA approached Chula Vista to act as the "fiscal agent" based on
a number of factors. First, the USA felt it was imperative that a participating entity act as the CBAG
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Page 4, Item_
Meeting Date 09/05/95 -.,
fiscal agent. Second, the Executive Office for the United States Attorneys advised the USA that, based
on their substantial experience in managing similar fiscal agency relationships, using a fiscally sound
municipal gove~nment was the most efficient and effective course of action. Third, the USA, again
acting on the advice of the Executive. Office, expressed a preference to obtain the services of a fiscal
agentthat was of sufficlent administrative capacity to handle the CBAG workload without significant
organizational impact; but not so large that processing requirements would be cumbersome. Fourth,
Chief Emerson has been instrLJm.entaf in the development of local agency participation in CBAG via his
role as Chair of the County Chief's and Sheriff's Association.
,
In the. course of the past twenty-four months, Chief Emerson has developed a valuable relationship with
the USA, Mr. Alan Bersin. This relationShip has contributed significantly to the Police Department
obtaining reimbursement funding for its participation in: Operation Alliance (a component of CBAG
which pays 100% of the assigned Police Agent's expenses); and, Operation Buckstop and the
Organized Crime Task Force (efforts that have reimbursed the City approximately $76,057 in associated
Overtime expenditures since their inception April 1994). The City of Chula Vista was the only agency
participating in CBAG which met all of the USA's eligibility criteria and was, therefore, his first choice
to serve CBAG as its fiscal agent.
F. Conceptual Development. Based on these factors, the USA approached Chief Emerson
with the concept of Chula Vista acting as the CBAG fiscal agent in May, 1995. Based on the
complexity of the policy issues raised by entering into a fiscal agency relationship with the federal
government, appointing incumbent staff and making payments thereto, creating new unclassified
positions and enhancing the City's role in CBAG from simple participation to significant administrative
involvement, Chief Emerson agreed to bring the idea forward for Council consideration subsequent to
the FY 1995-96 budget process. This item has been crahed through a cooperative effort of staff from -.,
the Police Department, City Manager's Office, City Attorney's Office and the Personnel Department in
an effort to appropriately address those policy issues.
III. SUB-ITEM SPECIFIC DISCUSSION
A. Resolution Approving an Agreement betwe.en the City of Chula Vista and the United
States Government by and through the Executive Offices of the United States Attorney for
fiscal agent services. The proposed agreElment will protect the City from potential liabilities that could
arise from services performed by the CBAG Executive Director prior to his employment by the City in
much the same manner as the City is protected in its more. timely and conventional professional services
agreements. This resolution also results in payments to Mr. Kenneally for services rendered to CBAG
from May 1, 1995 to August 30, 1995 ($31,728). This amount will be funded by one of the two
Reimbursement Agreements discussed below. Mr. Kenneally has not been paid since assuming his
duties. The decision to hire Mr. Kenneally as Executive Director was made by the USA and endorsed
by the Chief Officers of the partiCipating agencies (including Chief Emerson) prior to the identification
of a fiscal agent.
B. Ordinance Amending Section 2.05.010 of the Chula Vista Municipal Code to add
three unclassified California Border Alliance Group full-time positions. Article VII, Section 701
(a)(7) enables the City Council to create Unclassified Service positions for "Persons employed to fill
positions which have been created for work andlor projects funded entirely or in part by grants made
to the City." Article VII, Section 701{a)(8) requires that such positions be created by an Ordinance
adopted by a 4/5ths vote of the .City Council. Chapter 2.05.010 of the Municipal Code specifies the
unclassified positions established by the City Council. This section of the Municipal Code must be
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Page 5, Item_
Meeting Date 09/05/95
amended to reflect the inclusion of the proposed CBAG positions. The USA and the Chief Officers
(including Chief Emerson) of the participating agencies have concluded that, in order to provide
professional administrative support for the CBAG, one executive-I.evel and two general-level employees.
In terms of equivalency to existing classified positions, the E;xecutive Director is proposed to be the
equivalent of Police Captain ($65;728 - $79,893), the CBAG Analyst is proposed to be the equivalent
of Administrative Analyst i 1$27,957 - $33,981), and the CBAG Secretary is proposed to be the
equivalent of Administrative Secretary ($28,047 - $34,090). Specifically, based on his agreement with
the USA, it is proposed that the Executive Director be paid a monthly salary of $6.416.77 ($77,000
annually) plus a $200 per month car allowance. It is. further proposed that the CBAG Analyst
($1071.57 monthly/$27,957 annually) and Secretary ($1075.02 monthly/$28,047 annually) start at
"A" step within their respective salary ranges. All three recommended employees will receive the
benefit package prescribed for their representation unit. All direct costs born by the City of Chula Vista
in the employment of the three proposed positions will be reimbursed by the DOJ through the Executive
Office for United States Attorneys.
C_ Resolution Amending the Fringe Benefit Resolutions for Executives and
Unrepresented Employees to include three California Border Alliance Group positions. This
resolution will amend the Fringe Benefit Resolutions that specify the benefit package for the two
representation units into which it is .recommended the CBAG employees be placed. The proposed
Resolution will add the three' recommended CBAG positions to the employees specified to receive
benefits.
D. Resolution Approving two Reimbursement Agreements and an Intergovernmental
Personnel Assignment Agreement and amending the budget to appropriate the funds received
under .the Reimbursement Agreements to the Employee Expenses for the three employees, and
authorizing the Mayor to execute said agreement. The Reimbursement Agreement (RA) is the
DOJ's offer to reimburse the City for what they term "contract employment" of the three positions.
RA-1 (see Attachment B) reflects the DOJ offer to reimburse the City for costs up to $104,350
associated with the CBAG Executive Director and the CBAG Secretary through September 30, 1995
(the end of the current federal fiscal year). Given that RA-1 will not provide reimbursement beyond
September 3D, 1995, accepting the DOJ offer contained in RA-1 at this time appears, on its face, to
be somewhat imprudent. However, the USA has assured staff that another RA, funded from Federal
FY 1996 DOJ' appropriations, will be forthcoming to ensure continued funding of the CBAG Executive
Director and CBAG Secretary positions. RA-2 (see Attachment C) reflects the OOJ offer to reimburse
the City for costs up to $36,636 associated with the CBAG Analyst through June 3D, 1996. RA-2
funds the CBAG Analyst position through the end of the City's FY.1995-96. According to the USA,
all three positions have an approximate funding expectancy of at least twenty-four months. The
proposed Resolutions and Ordinances contain specific language conditioning the employment of CBAG
positions to federal funding through the OOJ and the Executive Office for United States Attorneys.
Specifically, this proposed Resolution accepts the DOJ offer to reimburse the City for costs not to
exceed $140,986 associated with the three recommended CBAG positions subject to the cited time-
frames and conditions.
The purposes of the Intergovernmental Personnel Act Agreement are to provide: 1) a mechanism for
the City to loan employees to the Federal government; and, 2) complete indemnification by the Federal
government to the City for all acts of those employees (see Attachment 0).
Additionally, the FY 1995-96 Police Grant Fund budget includes an appropriation of $84,200 fDr
Division 219-2193 -- OperatiDn Alliance. OperatiDn Alliance is one Df the initiatives under the CBAG
umbrella. Based on the fact that the existing PDlice Agent funded by OperatiDn Alliance and the three
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Page 6, Item_
Meeting Date 09/05/95 __.
CBAG positions proposed herein share the same funding source, it made sense to add the
recommended CBAG positions to this budget. Attachm~nt A describes the amendment at the object
account level. The distribution of the $1 ~6,530 available based on the limitations inherent in the
Reimbursement Agreements as described above, specifically that the Executive Director and Secretary
positions have received funding only through September 3D, 1995.
Finally, this resolution provides for the approval of the position descriptions for each of the three CBAG
positions. (see Attachment E, F, and G).
FISCAL IMPACT:
Approval of the staff recommendation will result in the appropriation of
$136,530, in the amounts and accounts. specified in Attachment A, for the
purpose of creating three new unclassified positions effective October 1, 1995,
to provide professional administrative support of the California Border Alliance
Group. The Reimbursement Agreements tendered by the DOJ will provide for
reimbursement of all City expenditures related to the three positions and
approximately $2,570 in processing cost charges. Based on anticipated
expenses, net fiscal impact is + $2,570.
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A1T;>.C.I..IME:NT A
Budget Amendment Fund 219, Division 2193 -- Operation Alliance
Object Account Amount Proposed Use
5101 $28,840 Funded Salaries 10/1/95 - 6/30/96
5106 $200 Executive Car Allowance - September
5141 $5,160 Funded Retirement 10/1/95 - 6/30/96
5142 $5,440 Funded Flexible Benefits 10/1/95 - 6/30/96
5143 $420 Funded Medicare 10/1/95 - 6/30/96
5201 $26,4 70 Funded Professional Services 5/1/95 - 10/1/95
5398 $54,000 Funded Computer and Telephone Equipment
5566 $16,000 Funded Office Furniture
Total $136,530 Total Anticipated Reimbursable Expenses II
- ,'f ~ r .., =
A P.4"//"/./ /T/!--r:;:.!-J;; --
:w- 7-/'1
u.s. Department of Justice
Reimbursement Agreement Between Agencies
ATrAalMG:IJT B
ar Code
ttA%WM\WI@H1M$MittJiWt.WWMW1Mi'WI'!!W!%WI%!iWWWiH.liilii!lheW"'.iileilt'W!%WMfu'ttMIWWtWW#i'W\\WJ#H$WNiWi'fi%MH'HNW
rovider Cost Center
Provider Agency
CN Description
Zip
stamer Number
5-15010004
ustomer Contact hone
od Shaffer 202/616-6886
ame (if billing address is different, specify on reverse side.)
ecutive Office for United' States Attorneys
Customer Agency
Customer Alias
hone
(619) 691-5144
ame
ity of Chula
epartment
ddress
76 4th Avenue
Vista, Chula Vista Police
tate
ddress
600 E Street, N.W., Room 8000
ity
ashington
Nb!i'@!lm'hiMf%W%WfM*}Mt0!rMlAjMft.11Ji1M@MMmW1HW!1iilJifl!Hy,gM!J~iiMiWMW;WMi%WfMI&iiWlM1MMlt1&iM1WWkMliiliWiJi@MWW,;;'iliji1Xil11
'sAgreement shall become effective on Mav 1. 1995 and shall continue through September 30. 1995.
iMtiMliMiliM;M!W&FM1:;:nI!MMMmW!iMfWM1&Mlmi!lm~1i!fm~1!~Rim!!~'~@!!ft[k*i!i$jWiM,!F1MWiMm111il';,m;i;MiMiHi1MM'fllWgP\j;'W;jM
rief explanation of work or services /0 be peiformed and basis for "determining cost:
he United States Attorney's Office, Southern District of California, agrees to reimburse the
ity of Chula Vista, Chula Vista Police Depart~ent, for contract employment of the Executive
irector and a secretary for the California Border Alliance Administration HIDTA. Salary and
ther expenses are estimated as follows:
SalarieS/Benefits/Car Allowance
ravel/Training
quipment
Furniture
Processing
$46,000
3,000
33,000
20,000
1,850
otal:
$104,350
illings will be monthly based on actual expenses.
Estimated amount
(Attach additional sheet for continuation of explanation, Jj necessary.)
$104,350
(See reverse side of form.)
Approved for Provider Office:
rganization
ity of Chula Vista, Chula Vista Police
epartment
ignarure
Approved for Customer Office:
United States Attorneys
)
itle
City Manager, City of Chula Vista
Director, Administrative Services
FORM DOJ-216
OCTOBER 1993
~7-6
u.s. Department of Justice
Reimbursement Agreement Between Agencies
ATTAOl MEIJT C
ar Code
.;MQ:4]iMillifMMtThf#.$fft..@mtlli*kWU$(t~fr~C?4%i:'ji4ttb%iPiaia~~furffi~YA";':':'~:<'tment~MmMHt%%#._U$tiHW_$:1t.:it.mW4t.M@~t.4.ill:@ilih%tMw.tM:
Provider Agency. . Customer Agency
rovider Cost Center
hone
(619) 691-5144
Zip
91910
stomer Number
5-15010004
stomer Contact hone
od Shaffer 202/616-6886
ame (if billing address is different. specify on reverse side.)
ecutive Office for United States Attorney~.
Customer Alias
rovider Contact
evin Hardy
ame
ity of Chula Vista, Chula Vista Police
epartrnent
ddress
276 4th Avenue
tate
ddress
600 E Street, N.W., Room 8000
ity
ashington
is Agreement shall become effective on June 26. 1995 and shall continue through June 30. 1996.
rief explanation of work or services to be performed and basis for determining cost:
he United States Attorney's Office, Southern District of California, agrees to reimburse the
City of Chula Vista, Chula Vista Police Department, for contract employment of Kevin Tidwell,
Criminal Intelligence Specialist (NIN Analyst) for assignment to the Violent Crimes Task Force
for a twelve month period, which was approved under the Anti-Violent Crime Initiative by the
nited S=ates Department of Justice. Salary and other expenses are estimated as follows:
$34,717
1,200
719
$36,636
illings will'be monthly based on actual expenses.
Estimated amount
(Attach additional sheet for conn'nuation.of explanation, If necessary.)
$36,636
(See reverse side of form.)
Approved for Provider Office:
Approved for Customer Office:
rganization
City of Chula Vista, Chula Vista Police
epartment
ignature
States Attorneys
Manager, City of Chula Vista
Director, Administrative services
FORM DOl 216
ocrOBER 1993
-:::i::2::.c 7-/0
An AGI-I Mf:I\.YT .D
-.,
THIS PAGE IS BLANK
THE PROPOSED INTERGOVERNMENTAL PERSONNEL ASSIGNMENT
AGREEMENT HAD NOT BEEN RECEIVED BY STAFF AS OF PRINTING.
IF THE AGREEMENT IS RECEIVED BEFORE COUNCIL TAKES ACTION ON
THIS ITEM, IT WILL PRESENTED TO COUNCIL.
~
IF THE AGREEMENT IS NOT RECEIVED BEFORE COUNCIL IS SCHEDULED
TO TAKE ACTI()N ON THIS ITEM, STAFF WILL RECOMMEND THE
ITEM BE CONTINUED.
-
,
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.
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A1TA0HMaJ, F
JOB SPECIFICATION
California Border Alliance Group Analyst
Salary: $27,957 - $33,981
The incumbent serves as the Criminal Intelligence Specialist for the San Diego/Imperial Counties High
Intensity Drug Trafficking Area (HIDTA) and reports directly to the HIDTA Executive Director. The
appointing authority for this position is the Chief of Police of the CitY of Chula Vista. The incumbent
serves in support. of the Executive Director, HIDTA staff, the Executive Committee of the HIDTA and
the United States Attorney. The incumbent collects and analyzes narcotics intelligence information
using various dat~ bases. Duties include, but are not limited to: collecting information from a variety
of sources; analyzing, evaluatirig, and correlating the information; query law enforcement databases;
input and maintain information in data bases/track critical events and filing; reporting information in
written and verbal form; writing criminal intelligence reports; preparing computer-analysis link charts;
and, preparing correspondence an memoranda.. The position requires two (2) years experience in
criminal intelligence work and a Bachelor's degree in Criminal Justice, Political Science or a related field.
Position requires knowledge of criminal intelligence techniques and procedures, charting techniques,
and types of applicable crimes and laws, ability to work independently, possess good personal skills,
good oral and communication skills, and computer skills.
This position is a term appointment established to temporarily assist the U.S. Attorney's Office in its
role to help establish counter-drug task forces associated with the District's designation as a High
Intensity Drug Trafficking Area. Establishment of these task forces and acquisition of grants and
temporary funding sources to support these task forces require more administrative expertise than is
available in the U.S. Attorney's Office. The life span of the task forces and this position is temporary,
and will exist in only until drug trafficking in the San Diego/Imperial Counties area is eradicated or shifts
to another region of the United States, or until the City of Chula Vista declines to participate in HIDT A
or, without cause, terminates this position.
The City of Chula Vista is the Fiscal Agent for this position. The incumbent is an employee of the City
of Chula Vista, California, on loan to United States Government. Therefore, the incumbent is an
"Unclassified/At-Will Employee" of the City of Chula Vista subject entirely to the continuation, and
receipt by Chula Vista, of HIDTA funding designated for the salaries and benefits of this position.
Unclassified/At-Will employees of the City of Chula Vista are subject to unilateral termination at any
time, for any reason determined appropriate by the Chief of Police of the City of Chula Vista. The
incumbent shall not: violate any federal, state or local.law, statute or ordinance, or conduct their
personal or professional affairs in an inappropriate manner; act in contravention of a policy decision by
the City Council, City Manager or Chief of Police of the City of Chula Vista; perform the duties of this
position in an unsatisfactory manner; acquire conflicts of interest as defined by the California Fair
Political Practices Commission without obtaining the prior approval of the City of Chula Vista; or, make,
cause or acquire knowledge of any change to the Intergovernmental Personal Act Agreement governing
this position without notifying the City Attorney of the City of Chula Vista, who may, at his/her
unilateral discretion approve or disapprove any such change.
Acknowledged:
(Signature)
(Print Name Legibly)
Date:
.::ti:: 7- /8
/1TTA('!'{ II1BJI t:-
JOB SPECIFICATION
California Border Alliance Group Executive Director
Salary: $65,728 - $79,893 Annually
--,
The incumbent serves as the Executive Director for the San Diego/Imperial Counties High Intensity Drug
Traffickirig Area (HIDT A). The appointing authority for this position is the Chief of Police of the City
of Chula Vista.
The incumbent is responsible to, and is the principal advisor for, the Chairman of the Executive
Committee of the HIDT A and the United States Attorney regarding management issues confronting the
attorneys and law enforcement agencies regarding the interdiction of drug trafficking in the Southern
District of California. The U.S. Attorney is 'the federal litigator and prosecutor for the United States in
the District with responsibility for managing caseload, the nature, complexity, and volume of which
requires frequent program and resource redirection. The incumbent has comprehensive financial
management, organization, public relations, oversight, personnel responsibilities for the San
Diego/Imperial Counties HIDT A and participates in the formulation of national drug interdiction strategy.
The incumbent manages the administration of HIDTA operations and, as such, conducts studies,
develops policies and procedures, and implements plans to enhance HIDTA programs.
This position is a term appointment established to temporarily assist the U.S. Attorney's Office in its
role to help establish counter-drug task forces associated with the District's designation as a High
Intensity Drug Trafficking Area. Establishment of these task forces and acquisition of grants and
temporary funding sources to support these task forces require more administrative expertise than is
available in the U.S. Attornl)y's Office. The life span of the task forces and this position is temporary,
and will exist in only until drug trafficking in the San Diego/Imperial Counties area is eradicated or shifts
to another region of the United States, or until the City of Chula Vista declines to participate in HIDTA
or, without cause, terminates this position.
--,
The City of Chula Vista is the Fiscal Agent for this position. The incumbent is an employee of the City
of Chula Vista, California, on loan to United States Government. Therefore, the incumbent is an
'Unclassified/At-Will Employee" of the City of Chula Vista subject entirely to the continuation, and
receipt by Chula Vista, of HIDTA funding designated for the salaries and benefits of this position.
Unclassified/At-Will employees of the .City of Chula Vista are subject to unilateral termination at any
time, for any reason determined appropriate by the Chief of Police of the City of Chula Vista. The
incumbent shall not: violate any federal, state or local law, statute or ordinance, or conduct their
personal or professional affairs in an inappropriate manner; act in contravention of a policy decision by
the City Council, City Manager or Chief of Police of the City of Chula Vista; perform the duties of this
position in an unsatisfactory manner; acquire conflicts of interest as defined by the California Fair
Political Practices Commission without obtaining the prior approval of the City of Chula Vista; or, make,
cause or acquire knowledge of any change to the Intergovernmental Personal Act Agreement governing
this position without notifying the City Attorney of the City of Chula Vista, who may, at his/her
unilateral discretion approve or disapprove any such change.
Acknowledged:
(Signature)
(Print Name Legibly)
Dale:
--,
~ J~/f
.
.
.
ATTALH/lI\8-JT G
JOB SPECIFICATION
California Border Alliance Group Secreatary
Salary: $28,046 - $34,090
The incumbent serves as the Secreatary to the Executive Director for the San Diego/Imperial Counties
High Intensity Drug Trafficking Area (HIDT A). The appointing authority for this position is the Chief of
Police of the City of Chula Vista.
The incumbent serves in support of the Executive Director, HIDTA staff and the Executive Committee
of the HIDT A and the United States Attorney. The incumbent will be responsible for preparing a vareity
of confidential documents, composing corresponence, receiving visitors and callers, arranging meetings,
making travel arrangements and maintianing files and retrieving documents contained therein. The
incumbent will provide a variety of complex and confidential support stlrvices must therefore have
knowledge of microcompters and a variety of word processing, spreadsheet and database applications.
Three-years experiance in a similar capacity is required. The position requires a combination of skill,
knowledge, ability or education which demonstrates that a candidate can successfully perform the
duties described above.
This position is a term appointment established to temporarily assist th.e U.S. Attorney's Office in its
role to help establish counter-drug task forces associated with the District's designation as a High
Intensity Drug Trafficking Area. Establishment of these task forces and acquisition of grants and
temporary funding sources to support these task forces require more administrative expertise than is
available in the U.S. Attorney's Office.. The life span of the task forces and this position is temporary,
and will exist in only until drug trafficking in the San Diego/lmperial Counties area is eradicated or shifts
to another region of the United States, or until the City of Chula Vista declines to participate in HIDT A
or, without cause, terminates this position.
The City of Chula Vista is the Fiscal Agent for this position. The incumbent is an employee of the City
of Chula Vista, California, on loan to United States Government. Therefore, the incumbent is an
"Unclassified/At-Will Employee" of the City of Chula Vista subject entirely to the continuation, and
receipt by Chula Vista, of HIDT A funding designated for the salaries and benefits of this position.
Unclassified/At-Will employees of the City of Chula Vista are subject to unilateral termination at any
time, for any reason determined appropriate by the Chief of Police of the City of Chula Vista. The
incumbent shall.not: violate any federal, state or local law, statute or ordinance, or conduct their
personal or professional affairs in an inappropriate manner; act in contravention of a policy decision by
the City Council, City Manage{ or Chief of Police of the City of Chula Vista; perform the duties of this
position in an unsatisfactory manner; acquire conflicts of interest as defined by. the California Fair
Political Practices Commission without obtaining the prior approval of the City of Chula Vista; or, make,
cause or acquire knowledge of any change to the Intergovernmental Personal Act Agreement governing
this position without notifying the City Attorney of the City of Chula Vista, who may, at his/her
unilateral discretion approve or disapprove any such change.
Acknowledged:
(Signature)
(Print Name Legibly)
Date:
..:n- '7 -~!)
RESOLUTION NO.
Dr
-,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THE UNITED STATES
GOVERNMENT BY AND THROUGH THE EXECUTIVE
OFFICES OF THE UNITED STATES ATTORNEY FOR
FISCAL AGENT SERVICES
WHEREAS, the U. S. Attorney's Office has retained the
services of Dennis M. Kenneally as Executive Director of the
California Border Alliance Group to provide drug interdiction
services in high intensity drug trafficking areas such as is within
the South Bay portion of the County of San Diego; and
WHEREAS, the U. S. Attorney's Office has not been, due to
budgetary or other constraints, able to pay compensation to Mr.
Kenneally and has requested the City of Chula Vista, upon receiving
frunds from the U. S. Attorney's office to provide said
compensation for historical services previously rendered by Mr..
Kenneally to the U. S. Attorney's Office.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve an Agreement between the
City of Chula Vista and the United states Government by and through
the Executive Offices of the United States Attorney for Fiscal
Agent 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 execute said
Agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Richard Emerson, Chief of
Police
C:\rs\cbag
Bruce M. Boogaard, City
Attorney
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(j)
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AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
THE UNITED STATES GOVERNMENT BY AND THROUGH
THE EXECUTIVE OFFICES OF THE UNITED STATES
ATTORNEY FOR FISCAL AGENT SERVICES
THIS AGREEMENT, made this..5'J;{ day Of..5}l'ff/78E -\ '
1995 for the purpose of reference only and effective as of the date
last executed by the parties is between THE CITY OF CHULA VISTA, a
Chartered municipal corporation of the State of California and THE
UNITED STATES GOVERNMENT, by and through the Executive Offices of
the United States Attorney, a Division of the united States
government and is made with reference to the following facts:
WHEREAS, the U. S. Attorney's Office has retained the
services of one Dennis M. Kenneally as Executive Director of
California Border Alliance Group (CBAG) to provide drug
interdiction services in high intensity drug trafficking areas such
as is within the South Bay portion of 'the County of San Diego; and
WHEREAS, the U. S. Attorney's Office has not been, due to
budgetary or other constraints, able to pay compensation to Mr.
Kenneally and has requested the City of Chula Vista, upon receiving
funds from the U. S'. Attorney's Office to provide said compensation
for historical services previously rendered by Mr. Kenneally to the
U. S. Attorney's Office.
.
NOW, THEREFORE, the parties agree:
1. Upon receiving appropriate funds in the amount of
$31,730, the City will pay Mr. Kenneally $31,730 for services
rendered to the U. S. Attorney's Office between May 1, 1995 and
August 3D, 1995.
2. The U. S. Attorney's Office agrees that as
consideration for the City acting as a fiscal agent for the U. S.
Attorney's Off ice in this matter, that the City is entitled to
receive two percent (2%) of the total amount of funds processed by
Chula Vista for providing the fiscal agent services herein
specified.
3. The U. S. Attorney's Office agrees to pay the City'S
fiscal agent services at the same time they provide funds to the
City for the payment over to Mr. Kenneally for his services
rendered to them.
.
4. Nothing herein is intended and both parties admit
that Mr. Kenneally has not been nor has provided the city with
employment or professional services, and is not an employee or
independent contractor for the city.
5. The U. S. Attorney's Office agrees to indemnify the
City of Chula Vista for any and all costs, expenses, losses,
:J::S::' 7 -.;:z, ~
Co <JS---:lJ".J
C(j~Od-.Y
jUdgments, attorney'S fees and costs incurred in connection with ~.
providing these fiscal agent services.
THE CITY OF CHULA VISTA
THE UNITED STATES ATTORNEY
FOR THE SOUTHERN DISTRICT
OF CALIFORNIA
Chula
-r1l.~,(/Vf'
Alan Bersin
tlut4&
as r
c: \ag\kenneaUy
-.
-.
~ 1/J,j
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RESOLUTION NO.~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE FRINGE BENEFIT
RESOLUTION FOR EXECUTIVES AND UNREPRESENTED
EMPLOYEES TO INCLUDE THREE CALIFORNIA BORDER
ALLIANCE GROUP FULL-TIME POSITIONS
WHEREAS, it is necessary to amend the Fringe Benefit
Resolution for Executives and Unrepresented employees to include
three California Border Alliance Group full-time positions.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula Vista does hereby amend the Fringe Benefit Resolution
for Executives and Unrepresented Employees to include the
California Border Alliance Group Executive Director, Analyst and
Secretary as set forth in Attachment 1 and incorporated herein by
reference as if set forth in full.
Presented by
Approved as to form by
Richard Emerson, Chief of
Police
Bruce M. Boogaard, City
Attorney
C:\rs\cbag.FB
.-2:!C 7 - cX~
RESOLUTION NO.
--.
RESOLUTION OF THE CITY CO
CHULA VISTA APPROVING TWO REIMBURSEMENT
AGREEMENTS AND AN INTER ERSONNEL ASSIGNMENT
AGREEMENT AND AMENDING THE BUDGET TO
APPROPRIATE THE FUNDS RECEIVED UNDER THE
REIMBURSEMENT AGREEMENTS TO THE EMPLOYEE
EXPENSES FOR THE THREE EMPLOYEES, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENTS
WHEREAS, the Reimbursement Agreement (RA) is the
Department of Justice's offer to reimburse the City for what they
term "contract employment" of the three positions; and
WHEREAS, RA-1 (Attachment B) reflects the DOJ offer to
reimburse the City for costs up to $104,350 associated with the
CBAG Executive Director and the CBAG Secretary through September
30, 1995; and
WHEREAS, RA-2 (Attachment C) reflects the DOJ offer to
reimburse the City for costs up to $36,636 associated with the CBAG
Analyst through June 30, 1996; and
WHEREAS, the Interpersonnel Assignment Agreement is ~,
Attachment D.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of chula Vista does hereby approve two Reimbursement
Agreements and an Interpersonnel Assignment Agreement, copies of
which are on file in the Office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula Vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the FY 1995-96 Police
Department Grant Funds -- Operation Alliance (219-2193) is amended
to reflect $136,530 in additional expenses required to support
three fUll-time, reimbursable, California Border Alliance Group
positions.
BE
appropriated
A.
IT FURTHER RESOLVED that the sum of $136,530 is hereby
to Fund 219, Division 2193 as set forth on Attachment
Presented by
Approved as to form by
Richard Emerson, Chief of
Police
Bruce M. Boogaard, City
Attorney
~
.~J-A5
.
.
.
judgments, attorney's fees and costs incurred in connection with
providing these fiscal agent services.
THE CITY OF CHULA VISTA
THE UNITED STATES ATTORNEY
FOR THE SOUTHERN DISTRICT
OF CALIFORNIA
Mayor of the City of Chula
Vista
Alan Bersin
ATTEST
City Clerk
Approved as to form by
City Attorney
C: \ag\ kenneally
~ 7-c:;; to,
RESOLUTION NO. JJ 13).,
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING $66,000 OF HIGH
INTENSITY DRUG TRAFFICKING AREA (HIDTA) GRANT
FUNDS THROUGH THE IMPERIAL COUNTY SHERIFF'S
OFFICE FOR ADMINISTRATIVE COSTS ASSOCIATED
WITH THE CALIFORNIA BORDER ALLIANCE GROUP
(CBAG), APPROPRIATING FUNDS FROM UNANTICIPATED
GRANT REVENUES AND AMENDING THE FISCAL YEAR
1995-96 BUDGET TO INCLUDE 2.00 FTE POSITIONS
SUBJECT TO CONTINUED GRANT FUNDING
WHEREAS, on September 5, 1995, city Council approved the
city of Chula vista to act as the "fiscal agent" for the California
Border Alliance Group and act as conduit to obtain civilian support
personnel and to acquire related supplies and services; and
WHEREAS, CBAG is funded that a "High Intensity Drug
Trafficking Area" supplemental funding provision contained in the
Federal Appropriations Act for each federal fiscal year from 1988
to 1995; the Anti-Drug Abuse Act of 1988; and the National Drug
Control Strategy of 1990; and
WHEREAS, San Diego and Imperial Counties have been
designated as a HIDTA due to the volume of illegal narcotics
entering the united States through the international border
frontier; and
WHEREAS, CBAG receives an annual allocation of
HIDTA funding by making application to the Department of Justice
prior to each federal fiscal year which application reflects the
personnel and non-personnel costs for each agency expected to
participate in CBAG during the next federal fiscal year; and
WHEREAS, the funding available from Imperial County
Sheriff's Office in the amount of $66,000 ~s specifically
designated for administrative support of the CBAG program; and
WHEREAS, the current request is to extend financial
services for administrative support and authorize the use of funds
available from the Imperial County Sheriff's Office.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby accept $66,000 of High Intensity
Drug Trafficking Area Grant funds through the Imperial County
Sheriff's Office for administrative costs associated with the
California Border Alliance Group.
'7A -/
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate such funds from unanticipated grant revenues as set
forth in Exhibit A, and amend the FY95-96 budget to include 2.00
FTE positions subject to continual grant funding.
Presented by
Richard P. Emerson, Chief of
Police
~~
RESOLUTION NO. /8131
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING TWO REIMBURSEMENT
AGREEMENTS AND TWO INTERGOVERNMENTAL PERSONNEL
ASSIGNMENT AGREEMENTS, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENTS
WHEREAS, the Reimbursement Agreement accepted by the
Council on September 9, 1995 for the Analyst position, is effective
from June 26, 1995 through June 30, 1996; and
WHEREAS, the Reimbursement Agreements for the Executive
Director and Secretary were only effective from May 1, 1995 through
september 3D, 1995; and
WHEREAS, the present funding made available through the
Imperial County Sheriff's Office was arranged through the United
States Attorney's Office to provide funds for the Executive
Director and Secretary until the new HIDTA Grant is received by the
united States Attorney's Office for the federal FY 1995-96 year;
and
WHEREAS, City staff has been advised by the USA that the
new Grant funds will be available in January 1996 at which time
staff will return to council to accept the funding from the USA for
the positions of Executive Director and Secretary positions.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve two Reimbursement
Agreements, substantially in the form approved as Contract No. 95-
184, and two Intergovernmental Personnel Assignment Agreements,
substantially in the form approved as Contract No. 95-186, on file
in the office of the City Clerk as Document Nos.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreements for and on behalf of the City of Chula vista.
Richard P. Emerson, Chief of
Police
o fO])
Presented by
, City
C:\rs\cbag1
-J1lJ -I
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Agenda Item 7
Revised Exhibit "A"
Distribution
Executive From Imperial
Director Secretary Total % of total Sheriff Transfer
--------------------------------------------------------------
5101 $77,000 $29,400, $106,400 78.04% $50,473
5106 $200 $200 0.15% $95
5141 $11,512 $4,410 $15,922 11. 68% $7,553
5142 $7,006 $5,278 $12,284 9.0n $5,827
5143 $1,117 $426 $1,543 1.13% $732
5201 $0 0.00% $0
5398 $0 0.00% $0
5566 , $0 0.00% $0
Total $96,835 $39,514 $136,349 100.00% $64,680
7-A-3
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U.s. vepanment 01 ..D5IIa:
p......h........4eIlt At;. et."......t lid weeD Agaldes
Ar \'OQ~
ovider CoSI CoDter
rtlti
lheA
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rovider CoDtaCl
evin Hardy 691-5144
ame
ity of Chula Viata, Chula Viata Police
partment
dress
76 4th Avenue
ily
hula Viata
IOmer Number
-15010004
mer CoDlaCI
od Shaffer 1)2/616.688&
ame (if billiD& address Is cliffereDl, specify OD reverse llde.)
ecutive Office for United Statea Attorneya
ss
00 B Street,
ily
ashington
. A&reementshall become effective on Mav 1. 1995 SeDtember 10. 1.99S.
rlt! up/IUuJlion of work or "TVltls to H p'1flmrwd IVId bluls for d.termlnln, ,0SI:
be United States Attorney'a Office, Southern ~iatrict of California, agreea to reimburae the
ity of Chula Viats, Chula Viata police ~psrtment, for contract employment of the Executive
irector and a .ecretary for the California Border Alliance Adminiatration HI~TA. Salary and
ther expenaes are estimated aa follows:
alariea/Benefita/Car Allowance
ravel/Training
quipment
iture
roce.s1ng
$46.000
3,000
33.000
20,000
1,850
otal:
$104,350
illings will be monthly ~sed on actual expenses.
~ll'lIdllllldltlOM1 sM" for eotIIiJuIDIion t1f up/lUuJlion, If rwwsary.)
OuIDmlr 1I,.ncy w1U lNIiClll. Ilce_IO be dIIIr,.d. F.dITIIIII,'ncws wUJ be bUltd OPAC, Gtlpl for Iht OBDs. USMS " DOD.)
eocy LDcalioD Code proprialioD Symbol CoDterlSOC 10 be Owaed aDoc:
5010004 550322 51:4096110298 for OlD UId USMS ooly)
~. 75540 aoc 1190 .
':ft@@@\}?ij~W:~ti~~tf:@@tMtMt~~WtWir.gMlm?HttWt...,.~.!.t:~~JW~if:t11W&;&IfAtMfHNkIH~J}4:~tt.{{*@~ltW8r:~~t'~!ijJ{:g~W4M~ ~?t~
. ,",rs. sitU t1f form.)
Approved for Provider otlIce:
Cbula Vista Police
Approved for OIIIomer omee:
for UZU~.d ata~.s Attorney.
J
itIe
Mayor
y of Chula Vi.ta
Adminis~ra~iv. Services
FORM 001-216
OCTOBER 1993
-
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/
CtJ 7-5"/~1
1 /8"tJ.2t
u.s. Department of Justice
Reimbursement Agreement Between Agencies
Customer Agency
ustomer Number Customer Alias
5-15010004
stomer Contact hone
od Shaffer 202/616-6886
ame (if billing address is different, specify on reverse side.)
xecutive Office for United States Attorneys
ddress
600 E Street,
ity
ashington
rief explanation of work or services to be performed and basis for. determining cost:
he United States Attorney's Office, Southern District of California, agrees to reimburse the
ity of Chula Vista, Chula vista police Department, for contract employment of the Executive
irector and a secretary for the California Border Alliance Administration HIDTA. Salary and
ther expenses are estimated as follows:
alaries/Benefits/Car Allowance
ravel/Training
quipment
Furniture
Processing
$46,000
3,500
33,000
20,000
1,850
otal:
$104,350
illings will be monthly based on actual expenses.
Estimated amount
(Attach additional sheelfor continuation of explimation. If necessary.)
$104,350
(See reverse side of form.)
Approved for Provider Office:
Approved for Customer Office:
ganization
ity of Chula Vista, Chula vista Police
epartment
ignature
Attorneys
ide
ity Manager, city of Chula Vista
Director, Administrative Services
FORM D01-216
OCTOBER 1993
76-9
"
u.s. Department of Justice
Reimbursement Agr~ Between Agencies
rovider Contact
evin Hardy
691-5144
Customer Agency
ustomer Number stomer Alias
5-15010004
ustomer Contact hone
od Shaffer 202/616-6886
ame (if billing address is different, specify on reverse side.)
xecutive Office for United States Attorneys
rovider Cost Center
Provider Agency
CN Description
ame
ity of Chula Vista, Chula Vista Police
epartment
ddress
76 4th Avenue
ddress
600 E Street, N.W., Room
ity
ashington
rief explanation 0/ work or services to be performed and basis for determining cost:
he United States Attorney's Office, Southern District of California, agrees to reimburse the
ity of Chula Vista, Chula Vista police Department, for contract employment of the Executive
irector and a secretary for the California Border Alliance Administration HIDTA. Salary and
ther expenses are estimated as follows:
Allowance
$46,000
3,000
33,000
20,000
1,850
$104,350
will be monthly based on actual expenses.
Estimated amount
(Attach additional sheet for continuation of explanation, If necessary,) $104,350
(See reverse side of form.)
Approved for Provider Office: Approved for Customer Office:
Manager, City of Chula vista
United States Attorneys
)
ganization
ity of Chula Vista, Chula vista police
epartment
ignature
Director, Administrative Services
FORM ;,01-216
OCTC'IER 1993
18,,('
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ASSIGNMENT AGREEMENT
. 1l1le N of thllntlJrOoverMltntal p.rsonnel Act of 1170 (5 U.S.c. 3371 . S378) .:. '
,
INSTRUenONS' . .:
11111 Ig_mtnt constItuI.. tM """n ftCIClrd aI U. ~atio'" wallin 30 daya or tII, declive dal' aI III' ..slgNnIlllI, two:
end ,.spOntllliJlllts 01 tilt partIN to . tlmporary astigM\.Wlt cop1N allhlt lorm musl be tint tv: - . " '
IITl/lQtcI und" tII, IlI!vltlonI of tilt Intervovemmtntll ' U:S. ~ 01 parsonnel "'allta,m,nt . ,,',
'IrtIlMtl1i:t C11117o. 'IrsotInl. MobIlity progr,",
S1a11lng Operations OlvislonICEO
t800&StrIIl,N'N .~
WuhlnglOll. D.C. 2O't$ : '
l'RIcIduraJ QUIIIllona on c:ompletln; 1118 ...~m,", lIgra,llIIii. '
1ann or 01\ other Nl>'Ct' ralat1nll 10 tilt moblllly prograi1l .
thould be addraned to ,Ither mobfl1tr progrl/ll CXlOrdlnlllOl't in
,1IClI Ftdlrallllll~ or to !hi ".11 aI thl Plrsonnel Mobiily .
"ograma III "'I U.s. OIfa 01 Pltaonnll Manlgtlll,nL :'
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-roe
.. ,Att.c:blIlmt 1
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U.I. 011II""""'" ...........
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'"" tlllII "$tal8 or Ici;Il govlirtllMl'll." wlI111'lPP'aMg 01\ tills
form. also ral," to IIIlnalitutlOft ClllIlQIIer tdllCl&llon. IIIInd1111
trlbll goYImmtllt, and lIlY otMr .ligibl, or;anlzatloll.
Cop," CII tII, c.ompllltd and ~ntd agre,ment ~Id ,be
malnlJd ." aadl aIgIIalDrr.
Namt (~L Filii. M#le)
, Kenneall Dennis M.
C,14OnlI Adchst t$ltNL ~. SllIe, ZIP GallI)
. 6470 Brynwood Way
San Diego CA 92120
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Department of Justice!
Office of the U.S. Attorne
L II aaiglllMftl WItlg ~ fWOl,Igll', taculW ...-....-m,
'"'fU". gIvI_ 0/1Ie~"'"
Police Department
NO
A. ,..lIIon .eu.....\ly HelcI
~ J ,0. Ei'ftpiO)oM's PVIi*'" Tolle
n. Offiea elop/lont Numblt
(1ncIlM fle ~ t;odI)
619-691-5185
,:t.lmlMCliela S>4lI, JIRr eN- eIWI rife)
Richard P. Emerson
Program Director
"
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,I C.,,_I A _anI
,4;SlIlDand ~ ~
SIalt Gr ~ MnuelIl4lI/J
$77 ,000
Qrlginalllalt E"'I'IoyH by lho ~t~
or LOQ8( Go........'" (Mofl/fl. o.t..
YW)
,,, ~ra1 Emp (CMck~-.J
c.-ComPtftola cniltL-.t
0Nr{~):
, c. ,.uu.ft T. WIl/Ch "",1",1'1\11I1 WlU .. 101....
N&/IIalllll .. ,'..and del ".~"~li9fI ill
Office of the U.S. Attorney
880 Front Street, Rm 6293 Program Director
San Diego CA 92101-8893
, . 0tfiQI ..pt\Of\e Nul'l\Der ~"
~""M.CO/lfl
557-6850 .'
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78~/
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To enhance the combined efforts of local, state, and Federal government to provide
effective law enforcement to the citizens of San Diego and Imperial Counties, and
,enhance the war on drugs and violence,
"
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losponsiblllties/DUtles: The director I. responsible for davelaplne end "Rlglng the .upport operetlano of e
law enforcement organhatlon. Acts... principal advisor to . Chairmen or Executive comnittee regarding
_nageMnt, budget, personnel, pmlic relations, and grant ectnfnfltration issues confronting prosecutor. and/or
federal, Butet and local law enforceIfIE;,t agencies in regard to various projects, including but not limited to,
interdiction of drug tr.fficking and iltegal immigration, and intervention in regards to white-collar criminals
in the San Diego and Imperial county .reas. For example, the director may menage the administration of High
Intenoity DrUll Tr.fficklng Areo (HIDTA) oper.tlano, conducting .tudle., developing pollcle. ond procedure., ond
I""l~tlng pions to enhonce ontldrUll operotlano_
:i
,&. ~ P" ColKlIionl ('~' "'1 concIliO/lf ...' /IItIu#d~" 1M" ::r
.",~ned~~-' _.,....eIio"...,,,......,....,,.tIodJ :
None
U. Lt&ve Pro~ (In__ "".""..-IatttI--- ....lorw1lit;ll... ~~" "'.., ~".~ 'O"'~,
__'no atrd. ~,."....1tMIf&I
. Ralt 01 iosIO PI' OIlM; A&&igtllMlll
$77,000
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Idonl _... 118 ._ whlchlnval....ll NlOII~-~' lit ,
at. .iI AQtoICY ClloI....... '1"""',-'''" IQ ,.oll't'oI~'F~ Z7.SlaliI or~ 00__ A;..,cyClbllQ.a_'
,,",,oywlllMtt -yoM' f.mIIlII""~"""'-""
".."",.."""1 '
Federal High Intensity Drug Trafficking
Area (HIDTA) or other Federal funds
will reimburse salary and beneflts
to Chula vista police Department.
"
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Salary and benefits to be paid by Chula Vist~
Police Department
~
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Ell It. AlI,nc.AIe.F<<letII.... if~oonIId>Ol.w;.-IaWa..... """ ~.IJ.sed."'.OYW -....... "-l_lkt-<ll-lnlnSltlluafoftl dO~'
~nf1"''*''''''''~ . "
WI II. 'nIt..- '- """ IlDIiBe!S rIf "'l\MIlIld~. n pOlldII III ~ OD/ICllI;l.mlolllllll"1- hmwtlhle III l!III ~~
. .
FHoraI CMI s.we ~t $plIlftor,.,...EtI.p1cl~
"'.......,,"'"' ' '
C, FtOnI &mploJ" HlalII .......
at. Stall OI'l,ociII "goner Benealll~. wll.r.Ja amployw....... ,.., "
...".,.."..,,.... orlowl~~..... ..~.
.,.,.~, N<<> .tM:tudaull- Ottt'/)oIIlIlM.... "'."
SWt r4 I<<M empl/1y.. ~ 1tfOfII'Im' tilt, In aIt_" '" Ffd. '
"" 1fI.,Jc, II 1/11...... wI/hoIJf ,.,-/lD/II"" FMnI ~ 10. SIIlt;
orltlt:li af'fIIII1J i!
See attached Chula Vista Employee
Association Memorandum of Understanding "
(CVEA MOU) ::
"
A. Ftdnl E..~,... GlIlUP....--
. . . .....
a:t.I_.' t\)WhaN ........... .
~_'" .' ~III ttM=J. Stala.. ~j -vancr lIriIl PIIJ. l'a.el atIll nriopol\tllll.__ \0. trom. - ~tIn; ... ."lQMIonl U
........iad In ChIplar *.1", ,.... ""1Il\.~ .:f;"'- (21 whIcIl travallIId ",QNtlon.-.. dill tIdudIcL ,.~
.
No relocation expenses' Offici 1 .
furniture expenses wili be paidabytrt~elc.:raining, equipment and
sE'r'arate "Reimbursement A reem e 1.y of Chula vista under
Expenses in excess of rei~u ent Between I\gencies, Form DOJ 216".
the Federal Government. rsement agree'uent may be augmented by
l~-~
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pag. 3
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Attac:1llacnt 1
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~ '.IIIM"",, W\lI1llI4ItlIIl...,iI,'. ....1I1ll1t1lt ....~....AI'......
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bm Fedtlll ~ IIfPrep-'U- me, ...lW_.................
UcllleCIS_.111 dO MI_lIlIII"-._'" ",''''", 'g/llMfll (.......
.../MIalICI.8II1IIr 111"'" ~..- ,...10111;I04* 1l11lo1W.
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.'
,&-ID
COUNCIL AGENDA STATEMENT
Item
~
Meeting Date 12/5/95
ITEM TIlLE:
Resolution 11'3 fI 1) accepting a $400,000 grant from the
California Coastal Conservancy, 2) approving grant contract
#95-012,3) appropriating $400,000 to a new CIP project #GG155
for construction of a flow-through seawater system at the Chula
Vista Nature Center and authorizing the Director of Finance to
loan cash as needed to the BeT from the General Fund in an
amount not to exceed $400,000 with reimbursement to occur at
the time grant funds are received from the State.
SUBMITTED BY:
Executive Director, Bayfront Conservancy Trust
City Manageff
~
REVIEWED BY:
(4/5ths Vote: Yes_X_No_)
The State of California has granted the Bayfront Conservancy Trust $400,000 for the construction of a
seawater system at the Nature Center. Those funds are administered by the State Coastal
Conservancy.
Currently the aquaria and petting pool at the Chula Vista Nature Center are supplied by a
recirculating seawater system that uses water trucked to the site. We now spend about $1,250 per month
to import seawater. More importantly, we are unable to display several species because they are filter
feeders which eat plankton. Microscopic food (phytoplankton and zooplankton) would be available to
them in a flow-through system, but are never present in the required abundance in the trucked-in water.
Our seawater system was designed to operate as either closed-cycle or open<ycle (with the addition of
an offshore intake). We have been having difficulty maintaining our fishes and invertebrates because
of thermal and chemical water quality problems that could also be solved by conversion to a flow-
through system. The flow-through seawater system will provide the Chula Vista Nature Center with
continuous seawater for maintenance of exhibit animals, facilitate educational programs and allow for
credible scientific research.
RECOMMENDATION: That Council 1) accept the $400,000 grant, 2) approve the grant
contract, 3) appropriate the $400,000 and 4) authorize temporary cash advances from the General Fund
to pay for project expenses pending reimbursement from the State.
BOARD/COMMISSION RECOMMENDATION: The BayfrontConservancy Trust Board of
Directors has authorized and directed the Executive Director to secure funding and to construct the
seawater system as soon as possible. The State Coastal Conservancy has authorized the construction
and stated that their funding has no restrictions regarding bids, minority preference nor prevailing
wage. They would like to complete the grant as soon as possible.
~... ,
11'1
DISCUSSION:
1he Bayfront Conservancy Trust is ever mindful of its fiscal condition and dependency on the City of
Chula Vista. A Council referral on the financial status of the BCf and funding options is in preparation
and will be presented to the Council in February 1996. 1he receipt of the $400,000 grant is evidence of
our continual efforts to seek grants and donations in support of the Nature Center. 1he construction of
the system will not only greatly improve our exhibit and educational capabilities it will reduce our
annual operations expenses because we will not have to pay to truck-in water, a savings of
$15,OOOfyear..
Since 1987 the Executive Director has pushed for the construction of a flow-through seawater system
and has sought grant funds and donations to fund the project. Grant funds were used in 1988 to design the
seawater system and permitting activities began at that time. 1he City Council has approved and
supported those efforts including several attempts to encourage the State Legislature to appropriate
the necessary funds. With the Council's assistance we have now received a grant of $400,000 to
construct the system.
As with all of the grants we have received from the Coastal Conservancy, project expenses are
reimbursed only after they are incurred. It typically takes about 60 days for the State to pay a
reimbursement invoice. We intend to use funds from our existing budget to cover expenses prior to
reimbursement but realize that at time it may be necessary for the City to make cash advances to pay
for expenses until they are reimbursed. 1herefore we ask that the Council authorize cash advances
from the general fund pending reimbursement from the State.
Time is of the essence and we must hurry to try to complete construction before April 15, 1995 because our
permits prevent construction activities during the Least tern nesting season from April 15 through
September 1. All permits and environmental clearances have been received. We intend to have the
project designers prepare the construction bid documents using the City's frontispiece, to review and
recommend the best bid to the Council and to provide project management during construction. 1he City
Council will award the construction contract and execute that contract. In recognition of this time
urgency, the Coastal Conservancy has already approved a Work Plan for the project and authorized
some preliminary design review work and preparation for the provision of electricity to the site to
increase our chances of a timely completion.
We hope to complete the review and bid documents by the mid December, have Council award the bid
in early January and then build the system in January through April 15, 1996.
We believe that the total cost of the project is about $450,000 but the actual cost will be determined
through the bidding process. In addition to the $400,000 provided by the State for this project, the San
Diego Unified Port District has included $100,000 in its CIP budget for the project ($20,000 in this year's
budget and $80,000 in next fiscal year's budget). We anticipate returning to the Council for
appropriation of the Port District funds as soon as they are secured and to award a contract for the
project.
FISCAL IMP ACT:
Once the seawater system is operational, it will save the BCf $15,000 per year because we will not pay
to truck-in seawater.
The financial impact on the City will be temporary cash advances not to exceed a total of $400,000
which will be reimbursed after receipt of the grant funds. Interest on the advances will be considered a
loan to the BCf from the General Fund under the provisions of the Lease, Loan and Operating
Agreement between the City of Chula Vista, Chula Vista Redevelopment Agency and the Bayfront
Conservancy Trust. 1he amount of the interest paid will depend on the amount of cash advances and
the turn-around of the reimbursement by the State. It is expected that interest will not exceed $11,200
and will probably be substantially less.
<6 ~ .d-
u;
"
All of the funding for this project will come from the grant administered by the State Coastal
Conservancy with supplemental funds from the San Diego Unified Port Districts' CIP program. None of
the construction funds is from the City of Chula Vista's General Fund nor any other City fund.
~<~ ~-/f
L/')
RESOLUTION NO. 187.3 &'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING A $400,000 GRANT FROM
THE CALIFORNIA COASTAL CONSERVANCY, APPROVING
GRANT CONTRACT #95-012, APPROPRIATING $400,000
TO A NEW CIP PROJECT NO. GG-155 FOR
CONSTRUCTION OF A FLOW-THROUGH SEAWATER SYSTEM
AT THE CHULA VISTA NATURE CENTER AND
AUTHORIZING THE DIRECTOR OF FINANCE TO LOAN
CASH AS NEEDED TO THE BCT FROM THE GENERAL
FUND IN AN AMOUNT NOT TO EXCEED $400,000 WITH
REIMBURSEMENT TO OCCUR AT THE TIME GRANT FUNDS
ARE RECEIVED FROM THE STATE
WHEREAS, the State of California has granted the Bayfront
conservancy Trust $400,000 for the construction of a seawater
system at the Nature Center which funds are administered by the
State Coastal Conservancy; and
WHEREAS, a flow-through seawater system will provide the
Chula vista Nature Center with continuous seawater for maintenance
of exhibit animals, facilitate educational programs and allow for
credible scientific research; and
WHEREAS, the Bayfront Conservancy Trust Board of
Directors has authorized and directed the Executive Director to
secure funding and to construct the seawater system.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby accept a $400,000 grant from the
California Coastal Conservancy and approving grant contract #95-
012.
BE IT FURTHER RESOLVED that the City Council does hereby
appropriate $400,000 to a new CIP Project No. GG-155 for
construction of a flow-through seawater system at the Chula vista
Nature Center and authorizing the Director of Finance to loan cash
as needed to the BCT from the General Fund in an amount not to
exceed $400,000 with reimbursement to occur at the time grant funds
are received from the State.
Stephen Neudecker, Executive
Director
bY~
Presented by
y
C:\rs\seawater,bct
~-.5
, ,
Page 1, Item '1
Date: December 5th, 1995
'COUNCIL AGENDA STATEMENT
TITLE:
, /9"/.31. .
ResolutIOn approvmg contract WIth the County of San Diego for a
$50,000 grant to the City to partially fund the purchase of three
alternative fuel dedicated vanpool vans, appropriating and transferring
$75,000.
SUBMITTED BY:
Barbara Bamberger, Environmental Resource Man~
John D. Go~, Ci<y M~",,:p.,""'6~ (41'" Vo"', y~-,- No-1
REVIEWED BY:
In September 1993, the City was awarded $50,000 from the County of San Diego Air
Pollution Control District (APCD) for the purchase and implementation of a vanpool program.
A contract for distribution by the APCD of these funds has recently been provided to the
City. Funding is for the purpose of purchasing three new dedicated alternative fuel CNG
shuttle vans. These vehicles would serve employees in highly populated areas of the region,
not conveniently served by transit, who are commuting to Chula Vista worksites. Initially the
vanpool vans will be for city employees. Eventually, staff hopes to expand the vanpool
program to include employees commuting to private companies within the City.
RECOMMENDATION:
,
Council adopt resolution approving contract with the County of San Diego for a $50,000
grant to the City to partially fund the purchase of three alternative fuel dedicated vanpool
vans and to appropriate and transfer $75,000 from a combination of grant funding, the
equipment replacement fund, and unanticipated revenue.
DISCUSSION:
In September 1993, the City Council approved recli1ipt of a grant award, submitted to and
accepted by the APCD to purchase three CNG dedicated vans to implement a vanpool for city
employees. The program will initially be directed at City employees, with the potential of
expanding, if operational costs allow, to include employees from local businesses in Chula
Vista. The City will develop a program that will concentrate on employees that commute 20
miles one way or more per trip. The APCD will reimburse the City upon approval and
certification of city paid invoices for purchase of CNG vans. The project manager for the
Van Pool program will be the City's Environmental Resource Manager. The Environmental
Resource Management division will coordinate witp. vanpool participants, help in the
development of routes, and generally promote the program. The Public Works department
will maintain the vehicles.
The City will be expected to purchase the three vehicles. Staff has gone to bid twice, and is
9-1
Page 2, Item
Date: December 5th, 1995
9
awaiting quotes for 1996 CNG ultra low emission vehicles; those quotes are expected in late
December, when the auto manufacturers release their new prices. The City will receive state
rebates to offset the differential between a gasoline and CNG powered vehicle. It is expected
that each minivan will cost approximately $24,000 and that the City will receive an
approximate $2,000 - $4,000 rebate from the CEC for each minivan. Since the cost of the
vehicles will not be totally covered by the grant, additional funds will be taken from the
current year vehicle replacement fund budget. This project will also help the City save
money by utilizing the vehicle during the day as a replacement to one and possibly two
existing pool cars. This means the vehicles will not sit idle during the work day and will
serve two purposes: shuttle van and pool car.
Staff intends to replace at least one pool car with the van and amend the equipment
replacement schedule. In addition, we are evaluating other opportunities to reduce costs to
the City by replacing other existing cars with the vans
Contact Scope of Work
The following procedure will be implemented upon approval of the attached contract.
Task 1:
Task 2:
order vehicles and insurance for vehicles
survey employees
In anticipation of the three CNG vans, the City will map where employees live and develop a
listing of potential vanpool routes, based upon this map. Purchase of the vans will be phased
and based upon interested and committed employees.
Task 3:
determine routes
Staff will target three primary routes, although these will likely change over time. These
routes include:
a) a North County group, including employees from Vista, Escondido and Poway grouped
into one vanpool;
b) an East County vanpool originating in Julian, with pickups in Santee, Spring Valley and
El Cajon, and
c) a coastal vanpool, originating in Carlsbad.
Task 4: solicit participation
A questionnaire will be distributed to targeted groups of employees soliciting participation in
the vanpool. Individuals will share the cost of the fuel and operation costs.
Task 5: have vehicles delivered and ready for operation
Staff has already begun soliciting vanpool participants. Weare primarily concentrating on
'9 ~ .:2..
[Ji';-
Page 3, Item
Date: December 5th, 1995
'1
filling the vans with employees that live a fair distance away, using 20 miles or more as a
guide. We have received numerous requests and have many anxious staff ready to begin as
soon as the vehicles are available.
Task 6: reporting
Vanpoolers will maintain a daily log of trips, mileage and number of riders carried. The City
will report that information to the APCD every six months for the first year and annually
thereafter, for three years. Staff will keep track of the number of miles driven the number of.
vehicular trips eliminated due to participation in the vanpool. The City will provide a bi-
annual report indicating the number of vehicular trips that have been eliminated due to the
vanpool program based upon weekly logs, for the first year, and annually thereafter for three
years.
The City anticipates that each van will hold up to 7 passengers including the driver. At
maximum capacity, the City's vanpool program will eliminate 42 vehicular trips per day, 210
trips per week and 10,920 trips annually. The vehicles will be fueled at the local CNG
stations and vanpool participants will pay a monthly fee, to be determined upon the purchase
of the vehicles and return to City Council.
FISCAL IMPACT:
The City will receive $50,000 for the purchase of three compressed natural gas vehicles; thus
$50,000 will be appropriated to 100-0220-5565. The APCD will reimburse the City up to
$50,000 after receiving and verifying documentation the City has purchased three CNG vans
for use in the Alternative Fuels Vanpool Program. Staff is recommending appropriating a
budget of $75,000 to 100-0220-5565 for the purpose of purchasing the three vans. The
budget is based upon unanticipated revenue from the APCD grant ($50,000), manufacturer
and State rebates ($11,500), and authorizing a transfer of $13,500 from the Equipment
Replacement Fund (705-7050-5565): $3,000 for insurance and the balance for vehicle
purchase. Appropriations will be designated to the accounts identified in the budget
attachment and increased revenue will be based on attached revenue estimates.
Staff expects there will be in-kind costs for routine maintenance and upkeep of the vehicles.
Currently, operation and maintenance costs for the City's gasoline powered minivan is
approximately 19 cents per mile. Because the City has not operated a CNG minivan, staff
cannot provide a comparison for this particular vehicle; however staff can provide a cost
comparison for a Ford CNG pick-up truck versus a same model gasoline-powered Ford
pickup trucks. Over the last year, operating costs for the CNG pickup came to 2 cents per
mile, whereas the gasoline powered pickups were 7.2 cents per mile.
9- ;J
Page 4, Item
Date: December 5th, 1995
'1
CNG V ANPOOL PROGRAM
Environmental Resource Management Budget
100-0220
Appropriation:
ACCOUNT
5665
5233
Item
Total
3 Vanpool Purchases
Vanpool insurance
$72,000
$3,000
Anticipated Revenue Estimates:
Item
Total
APeD Grant
$50,000
$11,500
$13,500
Rebates
Transfer from Vehicle
Replacement Fund
705-7050-5565
~-~
/!;'7
11
RESOLUTION NO.
/8'/.11
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CONTRACT WITH THE COUNTY
OF SAN DIEGO FOR A $50,000 GRANT TO THE CITY
TO PARTIALLY FUND THE PURCHASE OF THREE
ALTERNATIVE FUEL DEDICATED VANPOOL VANS AND
APPROPRIATING AND TRANSFERRING $75,000
THEREFOR
WHEREAS, in September, 1993, the City was awarded $50,000
from the County of San Diego Air Pollution Control District (APCD)
for the purchase and implementation of a vanpool program; and
WHEREAS, a contract for distribution by the APCD of these
funds has recently been provided to the City; and
WHEREAS, funding is for the purpose of purchasing three
new dedicated alternative fuel CNG shuttle vans; and
WHEREAS, these vehicles would serve city employees in
highly populated areas of the region, not conveniently served by
transit, who are commuting to Chula vista worksites; ad
WHEREAS, eventually the City hopes to expand the vanpool
program to include employees commuting to private companies within
the City.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve contract with the County of
San Diego for a $50,000 grant to the City to partially fund the
purchase of three alternative fuel dedicated vanpool vans.
BE IT FURTHER RESOLVED that $75,000 is hereby
appropriated for the purpose of purchasing three alternative fuel
vanpool vans to Account 100-0220-5665 ($72,000) and Account 100-
0220-5233 ($3,000) from unanticipated revenue from the APCD grant
($50,000), State and manufacturer rebates ($11,500), and $13,500
from the Equipment Replacement Fund (Account 05-7050-5565).
Barbara Bamberger, Environmental
Resource Manager
'Xo orm])
Presented by
Boogaa d, City
c: \AS\ VANPOOL
7-f'(r-0
. ,
, ,r-',
-}-:,
. .
FISCAL YEAR 1993/94 VEHICLE REGISTRATION FUNDING ALLOCATION
PLAN GRANT CONTRACT WITH THE CITY OF CHULA VISTA
Contract No.
THIS AGREEMENT made and entered into this day of , 1995,
by and between the San Diego County Air Pollution Control District, a special district existing by
virtue of the laws of the State of California, hereinafter called "APeD," and the City of Chula
Vista, a chartered municipal corporation in the State of California, with a business address of 276
Fourth Avenue, Chula Vista, CA 91910, hereinafter called "CONTRACTOR."
RECITALS:
WHEREAS, the APeD BOARD, by its action on September 28, 1993, (APCD Minute
Order No. I), approved the Fiscal Year 1993/94 Vehicle Registration Funding Allocation Plan
(Plan), Alternative Fuel Shuttle Van Project, and authorized the Director of Purchasing and
Contracting, pursuant to ~93.1 (a) of the Administrative Code, to negotiate a grant service contract;
and
WHEREAS, APCD desires such services to be provided in accordance with the
Contractor's Statement of Work dated June 23,1995, and whereas the CONTRACTOR agrees to
provide the services subject to the following additional conditions; and
WHEREAS, CONTRACTOR is specially trained and possesses certain skills, experience,
education, and competency to perform special services;
NOW, THEREFORE, in consideration of the promises and mutual covenants and
agreements herein contained, it is agreed as follows:
PART I - STANDARD TERMS & CONDITIONS
1. TERM OF AGREEMENT
The term of this Agreement shall commence effective on the date of this Agreement, and
continue for three years following the acquisition of the vehicles during which time
CONTRACTOR shall acquire the equipment as described herein.
2. DEFINITIONS
2.1 "County" shall mean the County of San Diego and shall be used interchangeably
with APCD.
2.2 "APCD" shall mean the Air Pollution Control District and shall be used
interchangeably with the County of San Diego.
2.3 "CONTRACTOR" shall mean the City of Chula Vista.
9~?
,(. ...)
L, L,
2.4 "Contracting Officer" shall mean the Director, San Diego County Purchasing &
Contracting Department or his designate.
2.5 "Contracting Officer's Technical Representative" ("COTR") shall mean the Deputy
Director of the San Diego County Air Pollution Control District and shall be used
interchangeably with the term "Contract Administrator."
2.6 "Major Equipment" shall include, but is not limited to, movable personal property
of relatively permanent nature, having a useful life of three years or longer and of
significant value, $1,000 or over.
2.7 "Minor Equipment" shall include all items not dermed in '12.6 above that are under
$1,000.00 in value and have a useful life of less than three years.
2.8 The County of San Diego Administrative Manual, '10050-02-1 shall control with
regard to the classification of equipment as "major" or "minor" equipment
3. AFFIRMATIVE ACTION
3.1 Each contractor, where the cumulative total of purchases ordered is $10,000 or
more during a calendar year, shall comply with the Affirmative Action Program as set forth
in Article Illk (commencing at ~84) of the San Diego County Administrative Code, which
program is incorporated herein by this reference. A copy of this Affmnative Action
Program will be furnished upon request by the County of San Diego Contract Compliance
Office, 1600 Pacific Highway, Room 208, S1I11 Diego, CA 92101. The County of San
Diego, as a matter of policy, encourages the participation of small, minority, and women
owned businesses.
3.2 CONTRACTOR will not discriminate against any employee, or against any
applicant for such employment, because of age, race, color, religion, gender, physical
handicap, ancestry, or national origin. This provision shall include, but not be limited to,
the following: employment, upgrading. demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of payor other forms of compensation; and
selection for training, including apprenticeship.
4. CONDUCT OF CONTRACTOR
4.1 The CONTRACTOR agrees to inform APeD/County of all the CONTRACTOR's
interests, if any, which are or which the CONTRACTOR believes to be incompatible with
any interests of APeD/County.
4.2 The CONTRACTOR shall not, under circumstances which might reasonably be
interpreted as an attempt to influence the recipient in the conduct of his duties, accept any
gratuity or special favor from individuals or organizations with whom the CONTRACTOR
is doing business or proposing to do business, in accomplishing the work under the
contract
2
7-~
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4.3 The CONlRACfOR shall not use for personal gain or make other improper use of
privileged information that is acquired in connection with his employment. In this
connection, the term "privileged information" includes, but is not limited to, unpublished
information relating to technological and scientific development; medical, personnel, or
security records of the individuals; antir.ipated materials requirements or pricing actions;
and knowledge of selections of contractors or subcontractors in advance of official
announcement.
4.4 The CONlRACfOR or employees thereof shall not offer gifts, gratuity, favors, or
entertainment directly or indirectly to APCD/County employees.
S. PROHIBITED CONTRACTS
Pursuant to fi67 of the San Diego County Administrative Code CONTRACfOR and APCDI
County certify that the provisions of said fi67 have not been violated. and that CONlRACfOR is
not, and will not subcontract with, any of the following:
5.1 Persons employed by APCD/County or of public agencies for which the Board of
Supervisors is the governing body;
5.2 Profit-making firms or businesses in which employees described in '15.1 above
serve as officers, principals, partners or major shareholders;
5.3 Persons who, within the immediately preceding twelve (12) months came within
the provisions of '15.1 above and who (1) were employed in positions of substantial
responsibility in the area of service to be performed by the contract, or (2) participated in
any way in developing the contract or its service specifications; and
5.4 Profit-making firms or businesses in which the former employees described in '15.3
serve as officers, principals, partners, or major shareholders.
6. TERMINATION FOR DEFAULT
APCD/County may. by written notice of default to the CONlRACfOR. terminate this contract in
whole or in part should the CONlRACfOR be in default under this contract In the event of such
termination, APCD/County reserves the right to purchase or obtain supplies or services elsewhere.
If, after notice of termination of this contract under the provisions of this clause, it is determined
for any reason that the CONlRACfOR was not in default under the provisions of this clause. the
rights and obligations of the parties shall. if the contract contains a clause providing for termination
for convenience of APCD/County, be the same as if notice of termination had been issued pursuant
to such clause. The rights and remedies of APCD/County provided in this article shall not be
exclusive and are in addition to any other rights and remedies provided by law or under resulting
order. Any termination for default under this contract shall be handled in accordance with The
COW'lty of San Diego Contracting Manual. January 1982 Ed., Part 1 - 8. Termination of Contracts.
Pages 189 through 207 inclusive. attached hereto as Exhibit B.
3
<}'7
-~) I
7. TERMINATION FOR CONVENIENCE
APeD/County may, by written notice stating the extent and effective date, terminate this contract
for convenience in whole or in part, at any time. APeD/County shall pay the CONTRACTOR as
full compensation for performance until such termination:
7.1 The unit or pro rata price for the delivered and accepted portion.
7.2 A reasonable amount, as costs of termination, not otherwise recoverable from other
sources by the CONTRACTOR as approved by APeD/County, with respect to any
portion of the services not performed or not accepted. provided compensation hereunder
shall in no event exceed the total price.
7.3 In no event shall APeD/County be liable for any loss of profits on the resulting
order, or portion thereof, so terminated.
7.4 The rights and remedies of APeD/County provided in this article shall not be
exclusive and are in addition to any other rights and remedies provided by law or under
resulting order.
7.5 Any termination for convenience under this contract shall be handled in accordance
with The County of San Diego Contracting Manual. January 1982 Ed., Part 1-8.
Termination of Contracts, Pages 189 through 207 inclusive.
8. CONTRACT ADMINISTRATION
The Director of Purchasing and Contracting is the designated Contracting Officer and is the only
APeD/County official authorized to make any changes to this agreement APeD/County has
designated the following individual as the Contract Administrator: Morris Dye, Acting Deputy
Director, Air Pollution Control District, 9150 Chesapeake Drive, San Diego, Ca
92123-1096. The Contract Administrator will chair contractor progress meetings and will
coordinate APeD's contract administrative flinctions. The Contract Administrator is designated to
receive and approve CONTRACTOR invoices for payment, audit and inspect records, inspect
contractor services. and provide other technical guidance as required. The Contract Administrator
is JW1 authorized to change any terms and conditions of the Contract Changes to the scope of
work will be made only by the APeD Board and/or the Contracting Officer issuing a properly
executed Change Order modification.
9. NOTICE
Any notice or notices required or permitted to be given pursuant to this Agreement may be
personally served on the other party by the party giving such notice. or may be served by certified
mail. postage prepaid. return receipt requested. to the following addresses:
9.1 Attention: Morris Dye, Acting Deputy Director, Air Pollution Control
District, 9150 Chesapeake MS 0-176, San Diego, CA 92123.
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9.2 Attention: Barbara Bamberger, City of Cbula Vista, 276 Fourth
Avenue, Cbula Vista, CA 91910
10. DISPUTES
Except as otherwise provided in this contract, any dispute concerning a question of fact arising
undlolr this contract that is not disposed of by agreement shall be decided bi' the Contracting Officer
who shall furnish the decision to the CONTRACfOR in writing.
10.1 The decision of the Contracting Officer shall be [mal and conclusive unless
determined by a court of competent jurisdiction to have been fraudulent or capricious, or
arbitrary. or so grossly erroneous as necessarily to imply bad faith. The CONTRACfOR
shall proceed diligently with the performance of the contract pending the Contracting
Officer's decision.
10.2 The "Disputes" clause does not preclude consideration of legal questions in
connection with decisions provided for in '110.1 above. Nothing in this contract shall be
construed as making [mal the decision of any administrative official representative or board
on a question of law.
11. CHANGES
The Contracting Officer may at any time, by written order. make changes within the general scope
of this contract, in the definition of services to be performed, and the time (i.e.. hours of the day,
days of the week, etc.) and place of performance thereof. If any such change causes an increase
or decrease in the cost of, or the time required for the performance of any part of the work under
this contract, whether changed or not changed by any such order. an equitable adjustment shall be
made in the contract price or delivery schedule, or both, and the contract shall be modified in
writing accordingly. Any claim by the CONTRACTOR for adjustment under this clause must be
asserted within 30 days from the date of receipt by the CONTRACfOR of the notification of
change; provided, however, that the Contracting Officer, if he decides that the facts justify such
action. may receive and act upon any such claim asserted at any time prior to final payment under
this contract. Where the cost of property made obsolete or excess as a result of a change is
included in the CONTRACfOR's claim for adjustment, the Contracting Officer shall have the right
to prescribe the manner of disposition of such property.
U. HOLD HARMLESS AGREEMENT
12.1 The CONTRACTOR agrees to fully indemnify. defend and save harmless
APeD/County against any and all loss, damage. liability. claim. demand, suit or cause of
action resulting from injury or harm to any person or property arising out of or in any way
connected with the performance of work under this contract, excepting only such injury or
harm as may be caused by the fault or negligence of APeD/County.
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12.2 CONTRACTOR further agrees for itself, its officers, employees, subcontractors,
consultants, licensees, invitees, tenants, and volunteers to defend, indemnify and hold
harmless APeD/County and its officers, agents, and employees from any and all liability,
claim, charge or cost of any kind or character, actual or alleged, including court costs and
reasonable attorney's fees, whic~l may arise directly or indirectly from the acts or
omissions, whether active or passive, of the CONTRACTOR or its aforesaid affiliates of
any tier.
12.3 In the event that third-party loss is attributable to the negligence or wrongful acts or
omissions of both parties (CONTRACTOR or subcontractors on one hand, and
APCD/County on the other), th~ ultimate fmancial responsibility of each party shall be
proportional to its percentage of fault as determined by mutual agreement between the
parties or by a court of competent jurisdiction. The provisions of California Civil Code
~2778 regarding interpretation of indemnity agreements are made a part hereof as if fully
set forth herein.
12.4 Additionally, CONTRACTOR agrees to include APCD/County within the
protection of any indemnification provision contained in any subcontract relating to work or
services under this contract CONTRACTOR further agrees to require that APeD/County
and its officers, agents and employees be named as additional insured parties in all policies
of insurance required by this agreement to be obtained by CONTRACTOR or its
subcontractors in connection with the equipment or services under this contract
13. OWNERSHIP OF AL TERNA TIVE FUEL VEHICLES
13.1 Pm:pose. APCD, County and CONTRACTOR acknowledge that the funds are
being provided to purchase three (3) altemative fuel shuttle vans.
13.2 Recoenition and Perfection of Financial Interest. APCD, County and
CONTRACTOR agree that ownership of the vehicles is with the CONTRACTOR and that
APeD shall retain a fmancial interest in each vehicle to the extent of APeD's payment to
CONTRACTOR for each vehicle. This fmancial interest shall be held for a period of three
(3) years from the date of purchase, defmed as the date payment is made to the alternative
fuel shuttle van manufacturer or dealer. CONTRACTOR shall list APeD on the title as
holding a fmancial interest. At its option, APeD may also perfect a financial interest by
filing a lien or security interest as provided by law.
13.3 Termination of Financial Interest APeD may terminate its financial interest at any
time. APeD's financial interest shall automatically terminate at the end of the three year
period.
13.4 Disposition of the Shuttle Vans. In the event any or all of the alternative fuel
shuttle vans are taken out of service and disposed of before the date of termination of
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APCD's fmancial interest, the pro-rata proceeds from the alternative fuel shuttle van(s)
disposition shall be paid to APCD in a timely manner.
14. RESPONSmlLITY FOR EQUIPMENT
APeD/County shall not be responsible nor be held liable for any damage to person or property
resulting from the use, misuse, or failure of any eauipment by CONTRACTOR, its agents,
employees, third party independent contractors or permissive users, even if such equipment is
furnished, rented or loaned to CONTRACTOR by APeD/County. The acceptance or use of any
such equipment by CONTRACTOR or CONTRACTOR's employees shall be construed to mean
that CONTRACTOR accepts full responsibility for and agrees to defend, exonerate, indemnify and
hold harmless APeD/County from and against any and all claims for any damage whatsoever
resulting from the use, misuse or failure of such equipment, whether such damage be to the
employee or property of CONTRACTOR, APeD/County, or of any other persons. Equipment
includes, but is not limited to, the three alternative fuel shuttle vans and any associated equipment
purchased for use with the vehicles.
15. EQUIPMENT MAINTENANCE
The CONTRACTOR must provide, at its expense, preventative maintenance and repair contracts or
service contracts on all equipment under its direct control. Such contracts may be provided by the
CONTRACTOR itself or by reputable companies generally known to have such expertise. The
CONTRACTOR shall submit a plan to the Contract Administrator as to how this requirement will
be met for APeD/County review and approval prior to contract execution. The CONTRACTOR is
to maintain a separate current record on maintenance and repairs for each piece of equipment and to
provide a written report and relevant documentation, upon request by the Contract Administrator,
as to preventative maintenance and repairs performed on each piece of equipment
16. EQUIPMENT USAGE
Use of grant-acquired equipment shall be only for projects that are specifically stated in the artached
Scope of Work. The equipment is not to be used for any other programs unless specifically
authorized in writing by the COTR. Major equipment must remain in the specified use for the term
of this agreement, unless such change is authorized, in writing, by APCD/County.
Notwithstanding the foregoing, and any other provision in this Agreement to the contrary, in the
event that this contract is terminated, but CONTRACTOR continues to operate the van pools in
substantial conformance with the Scope of Work, APeD/County agrees to allow CONTRACTOR
to purchase, or otherwise use, the equipment acquired with APeD/County grant funds for so long
as CONTRACTOR continues to use the equipment in substantial conformance with said Scope of
Work.. The parties agree to negotiate in good faith in order to determine the terms for any such
purchase or continued use. In the event the CONTRACTOR does not purchase, but agrees to
terms with APeD/County for the continued use of the equipment, all provisions of the Agreement
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regarding CONTRACTOR's obligations to insure and properly maintain such equipment will
remain in effect
17. INSURANCE
Without limiting the CONTRACTOR's indemnification of APeD/County. CONTRACTOR shall
provide and maintain, at its own expense, for the three year term of this Agreement, the following
insurance coverage and provisions:
17.1 Certificates of Insurance. CONTRACTOR shall submit Certificates of Insurance
and appropriate endorsements to the actual insurance policy, evidencing that the
CONTRACTOR has obtained for the period of the contract the insurance described herein.
17.2 Notice of Cancellation or Chanl1e of Coveral!e. The insurance afforded by the
policies shall not be canceled or changed so as to no longer meet the herein specified
APCD/County insurance requirements without 30 days prior written notice of such
cancellation or change being delivered to APeD/County.
17.3 Oualifvinl! Insurers. All coverages shall be issued by insurance companies
lawfully authorized to do business in the State of California which hold a current policy
holder's alphabetic and financial size category rating of not less than A, vn according to
the current Best's Key Rating Guide or a company of equal financial stability that is
approved by APCD/County.
17.4 Comprehensive Automobile Liabili~ Insurance. An insurance policy for bodily
injury, including death and property damage, which provides total limits of not less than
one million dollars ($1,000,000) combined single limit per occurrence applicable to all
owned vehicles described herein. for the period of time that APeD/County is a registered
lien holder of the vehicles. This coverage shall include contractua1liability.
17.5 Special Provisions. The following provisions shall apply to this Agreement
(1) APCD/County acknowledges that some insurance requirements contained in this
Agreement may be fulfilled by self-insurance on the part of the CONTRACTOR.
However. this shall not in any way limit the liabilities asswned by the CONTRACTOR
under this Agreement. Any self-insurance shall be approved in writing by
APeD/County.
(2) APCD/County shall retain the right at any time to review the coverage, form and
amount of insurance required herein and may require CONTRACTOR to obtain
insurance sufficient in coverage, form and amount to provide adequate protection
against the kind and extent of risk which exist at the time a change in insurance is
required. County requirements shall be reasonable.
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18. AUDIT AND INSPECTION OF RECORDS
18.1 General. APeD/County shall have the audit and inspection rights described
in this section.
18.2 Cost. pricine and performance data. The Contracting Officer or his representatives
who are employees of APeD/COUNTY or its agent shall have the ri~ht to examine all
books, records, documents and other data of the CONTRACTOR related to the cost or
negotiation pricing or performance of this contract, or any subcontract made hereunder, or
any change or modification, for the purpose of evaluating the accuracy, completeness and
currency of the cost or pricing or performance data submitted.
18.3 The Contracting Officer or his representatives who are employees of APeD/
County or its agent shall also have the right to examine all records and data and other
information relating to any cost and relevant information that is submitted for
reimbursement that is reasonably related to the direct or indirect costs of acquiring the
alternative fuel shuttle vans.
18.4 Availability. The materials described above shall be made available at the office of
the CONTRACTOR, during normal business hours, for inspection, audit or reproduction,
until the expiration of 3 years from the date of fmal payment under this contract, or by (I)
and (2) below:
(1) If this contract is completely or partially. terminated, the records relating to
the work terminated shall be made available for a period of three years from the date of
any resulting fmal settlement
(2) Records that relate to appeals under the "Disputes" clause of this contract, or
litigation or the settlement of claims arising out of the performance of this contract,
shall be made available until such appeals, litigation, or claims have been disposed of,
or three years after contract completion, whichever is longer.
18.5 The CONTRACTOR shall insert a clause containing all the provisions of this clause
18 in all subcontracts hereunder except altered as necessary for proper identification of the
contracting parties and the contracting officer under APeD/ County's prime contract
19. PATENT AND COPYRIGHT INFRINGEMENT
The contractor shall report to the Contracting Officer, promptly and in reasonable written detail,
each notice or claim of patent or copyright infringement based on the performance of this contract
of which the contractor has knowledge.
20. PERMITS, NOTICES, FEES AND LAWS
The CONlRACTOR shall, at its own expense, obtain all permits and licenses, give all notices, pay
all fees, and otherwise comply with all State and Federal statutes, ordinances, rules and regulations
pertaining to work and to the preservation of the public health and safety.
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21. AIR, WATER POLLUTION CONTROL, HEALTH AND SAFETY
Contractor shall comply with all State and Federal air and water pollution conttol, health and safety
statutes, ordinances, rules and regulations which apply to the WOIX performed under this contract.
22. FINDINGS CONFIDENTIAL
Any reports, information, data, etc., given to or prepared or assembled by the CONTRACTOR
under this Agreement which APeD/County request to be kept as confidential shall not be made
available or disclosed to any individual or organization by the CONTRACTOR without the prior
written approval of APeD/County, except; (a) as required to by other funding sources for the pool,
(b) as may be necessary to perform the scope ofwoIX, or (c) as may be otherwise required by law,
including, without limitation, the California Public Records Act, Government Code 66200 et seq.
23. PUBLICATION, REPRODUCTION AND USE OF MATERIAL
No material produced, in whole or in part, under this Agreement shall be subject to copyright in the
United States or in any other country. APCD/County shall have unrestricted authority to publish,
disclose, distribute and otherwise use, in whole or in part, any reports, data or other materials
prepared under this Agreement.
24. INDEPENDENT CONTRACTOR
It is agreed that CONTRACTOR shall perform as lL'l independent contractor under this Agreement.
CONTRACTOR is, for all purposes arising out of this Agreement, an independent contractor, and
shall not be deemed an employee of APeD/COUNTY. It is expressly understood and agreed that
CONTRACTOR and its employees and any subcontractors and their employees shall in no event
be entitled to any benefits to which permanent APeD/COUNTY employees are entitled, including,
but not limited to, overtime, any retirement benefits, workers' compensation benefits, and leave
benefits.
25. SUBCONTRACT FOR WORK OR SERVICES
Except for subcontractors described herein, no contract shall be made by the CONTRACTOR with
any party for furnishing any of the work or services herein contained without the prior written
approval of the Contract Administrator; but this provision shall not require the approval of
contracts of employment between the CONTRACTOR and its own personnel assigned for services
thereunder, or for parties named and agreed to herein. CONlRACTOR is reminded that it is
APCD/County policy to encourage the participation of minority business enterprises. This
includes assurance that, if feasible, minority fmus are solicited, or where feasible, includes
dividing the requirement into smaller units for the purpose of providing for greater minority
participation, or the establishment of delivery and payment schedules that will facilitate
participation by minority businesses.
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. 26. DRUG & ALCOHOL.FREE WORK PLACE
APeD/County of San Diego, in recognition of individual rights to work in a safe, healthful and
productive work place, has adopted a requirement for a drug and alcohol free work place,
APCD/County of San Diego Drug and Alcohol Use Policy C-25. This policy provides that all
APeD/County employed Contractors and Contractor employees and their employees shall assist in
meeting this requiremenL
26. I As a material condition of this agreement, the CONTRACTOR agrees that the
CONTRACTOR and its employees and subcontractors and their employees, while
performing service for APCD/County, on APCD/County property, or while using
APeD/County equipment:
26.1.1 Shall not be in any way impaired because of being under the influence of
alcohol or a drug.
26.1.2 Shall not possess an open container of alcohol or consume alcohol or
possess or be under the influence of an illegal drug.
26.1.3 Shall not sell, offer, or provide alcohol or a drug to another person. Item
26.1.3 shall not be applicable to a Contractor or Contractor employee who, as part of
the performance of normal job duties and responsibilities prescribes or administers
medically prescribed drugs.
26.2 ~ The Contractor shall inform all employees who are performing services for
APCD/County or on APCD/County property or using APeD/County equipment, of the
APeD/County objective of a safe, healthful and productive work place and the prohibition
of drug or alcohol use or impairment from same while performing such service for
APeD/County.
26.3 APCD/County may Terminate for Default or Breach this Agreement and any other
Agreement the CONTRACTOR has with APeD/County, if the CONTRACTOR, or its
employees are determined by the Contracting Officer not to be in compliance with the
conditions of <J26.1 above.
PART II . FISCAL
27. COMPENSATION OF CONTRACTOR
27. I AmounL APeD/County agrees to pay CONTRACTOR a total sum not to exceed
$50,000 for the acquisition of three (3) dedicated alternative fuel compressed natura1 gas
(CNG) shuttle vans and associated equipmenL CONTRACTOR agrees to perform the
services described in this Agreement and the attached Scope of Work and use the vehicles
only for the purpose described in the Scope of Work.
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27.2 Reimbursement for Claim for Equipment Unless otherwise provided in the Scope
of Work, in consideration for major and minor equipment acquired by CONIRACTOR to
perform under this Agreement, APCD/County will pay CONIRACTOR by reimbursing
CONIRACTOR for such equipment acquired and for actual expenses of the equipment as
stated on each invoice, provided total amount of hwoices does not exceed $50,000. The
amount of each invoice submitted by the CONIRACTOR is subject to a determination of a
fair and reasonable price by the Contract Administrator.
27.3 Withholding of Payment. APCD/County may withhold fmal payment until fmal
reports required under this Agreement are received and approved by APCD/County.
APCD/County may also withhold payment where Contractor is in non-compliance with this
Agreement, but must release payment otherwise due CONTRACTOR upon
CONIRACTOR taking necessary steps to complete compliance.
28. . DISALLOWANCE
In the event CONIRACTOR claims and receives payment from APeD/County for reimbursement
of equipment that is later disallowed by APeD/County, CONIRACTOR shall then promptly
refund the disallowed amount to APCD/County upon request At its option, the APCD/County
may offset the amount disallowed from any payment due or to become due to tile CONIRACTOR
under this Agreement or another agreement. Similarly, a disallowance under another agreement
may be offset against this Agreement
29. FULL COMPENSATION
Pending any cost adjustments, each claim so approved and paid shall constitute full and complete
compensation to CONIRACTOR for the period covered by the claim. It is expressly understood
and agreed that this Agreement constitutes the entire agreement of CONTRACTOR and
APCD/County and in no event shall Contractor be entitled to any compensation, benefits,
reimbursements or ancillary services other than as herein expressly provided.
30. PARTIAL PERFORMANCE
In the event less than all services are performed in a proper and timely manner, CONIRACTOR
shall be paid only the reasonable value of the services performed during the payment period as
determined by the Contract Administrator.
31. RETENTION OF RECORDS
The CONIRACTOR and any and all subcontractors shall be required to retain all fmancial records
and administrative documents relative to this Agreement in accordance with U8, Audit and
Inspection or Records, and in accordance with applicable APCD/County, State, and Federal
statutes, regulations, ordinances and policies. All such records shall be returned to the
APCD/County should CONTRACTOR become defunct or close doing business, prior to
limitations set forth in such statutes.
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PART ill. REPORTING REQUIREMENTS
32. INVOICING
APCD/County intends to make payments on grant eligible items and activities upon receipt of
invoices as provided in the Scope of Work. CONI'RACTOR should attach all necessary receipts
and other experlditure documentation with its invoices. APeD/County reimbursement to
CONI'RACTOR will be made on the basis of the submitted invoices.
33. REPORTING REQUIREMENTS
The scope of work provides for the development of reports to be submitted to APeD/County on a
biannual basis beginning six (6) months from the start of the van pool program for the frrst year
and on an annual basis for an additional. two years. These reports will include a daily log of trips,
mileage and the number of riders carried. The fmal report submitted shall also include the
following:
33.1 Table of Contents.
33.2 A summary of the objectives achieved as they relate to the project scope of work.
33.3 A summary of the activities performed and the total amounts expended on the
project.
33.4 Any findings, conclusions or recommendations for follow-up or ongoing activities
that might result from successful completion of this project.
33.5 A statement, if applicable, of future intent of the public and/or private support to
maintain or further develop the project.
33.6 If applicable, a consolidated list of subconsultants funded under this Agreement (in
part or whole). Include the name, address, concise statement of work performed, time
period and value of each subcontract and each subcontractor's business representation as to
ownership (e.g., Minority- or Woman-owned Business Enterprise status).
33.7 A summary of project successes. Provide measurable results (number of vehicular
trips eliminated, etc.).
33.8 A summary of project failures or shortcomings, reasons and necessary remedial
activities.
Review comments shall be prepared and transmitted by the APeD/County to the Contractor within
seven (7) working days of receipt of the draft version of the Biannual Report. After incorporating
the APeD/County's comments, the Contractor shall submit to the Contract Administrator (5)
copies of the Final Biannual Report no later than thirty (30) days after receipt of APeD/ County's
comments. APeD/County reserves the right to use and reproduce all reports and data produced
and delivered pursuant to this Agreement, and reserves the right to authorize others to use or
reproduce such material. Failure to comply with the reporting requirements specified above may
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result in termination of this Agreement or suspension of any or all outstanding payment requests
until such a time as the Contractor has satisfactorily completed the reporting provisions.
34. SEVERABILITY
Should any part of this agreement be held to be invalid by a court of competent jUlisdiction, the
remainder of the agreement shall be considered as the whole agreement and be binding on the
contracting parties.
35. GOVERNING LAW
This contract shall be construed and interpreted according to the laws of the State of California.
36. AGREEMENT
This Agreement, including the exhibits attached hereto, constitutes the entire agreement by and
between the CONTRACTOR and APCD/County with respect to the equipment and services
described herein and supersedes all other additional communications, both written and oral. Both
parties, by their authorized signatures, acknowledge that they have read, understand and agree to
all the terms and conditions of this Agreement
IN WITNESS WHEREOF, APCD/COUNTY AND CONTRACTOR HAVE
EXECUTED THIS AGREEMENT ON THIS DA Y OF JUNE, 1995.
CITY OF CHULA VISTA
FOR APCD & COUNTY:
By:
Mayor, City of Chula Vista
WILLIAM L. NAPIER, Director
Purchasing & Contracting
Approved as to form and legality
Approved as to form and legality
COUNTY COUNSEL
By:
BY:~~
City Attorney
Deputy
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Exhibit A
STATEMENT OF WORK
ALTERNATIVE FUEL SHUTTLE
V AN POOL PROGRAM
June 23, 1995
9--07)
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TO: Chuck Spagnola, APCD
FR: Barbara Bamberger, City of Chula Vista
RE: SCOPE OF WORK FOR VAN POOL PROGRAM
Resubmlttal 6/23/95
==========================================================
I. INTRODUCTION
Altematlve Fuel Shuttle Vans
The City of Chula Vista plans to purchase three new dedicated alternative fuel CNG
shuttle vans to replace city pool cars. These vehicles would serve employees in
highly populated areas of the city, not served by transit, who are commuting to
worksites within the City. The vans would also serve the proposed Telecenters.
Eventually, the City hopes to expand the vanpool program to include employees
commuting to private companies within the City.
II. Personnel
The Project Manager for the Van Pool program will be the City's Environmental
Resource Manager. The ERM will coordinate with vanpool participants, help in the
development of routes, and generally promote the program. The ERM will be the
primary contact for the APCD's Contract Manager.
III. Alternative Fuel Van Pool Program
The City plans to purchase three CNG dedicated vans for vanpool purposes. The
program will be directed at City employees, with the potential of expanding, if related
operational costs allow, to include employees from local businesses in Chula Vista.
The City will develop a program that will concentrate on employees that commute 20
miles or more per trip. The APCD will reimburse the City upon approval and
certfication of city paid inoices for purchase of CNG vans.
IV. Management Structure
The Environmental Resource Manager, under the City Manager, will be the primary
management contact for the vanpool program. The Public Works department, in
conjunction with an ongoing warranty for the vehicle from the manufacturer, will
maintain the vehicles for the life-time of the vehicles.
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V. Tasks to be performed and activity budgeted:
TASK 1:
ORDER VEHICLES AND INSURANCE FOR VEHICLES
SURVEY EMPLOYEES
TASK 2:
In anticipation of the three CNG vans, the City will map where employees live and
develop a listing of potential vanpool routes, based upon this map.
TASK 3:
DETERMINE ROUTES
Staff will target three primary routes, although these will likely change over time.
These routes include:
a)'a North County group, including employees from Vista, Escondido and
Poway grouped into one vanpool;
b) an East County vanpool originating in Julian, with pickups in Santee, Spring
Valley and EI Cajon, and
c) a coastal van pool, originating in Carlsbad.
TASK 4: SOLICIT PARTICIPATION
A questionnaire will be distributed to targeted groups of employees soliciting
participation in the vanpool. Individuals will share the cost of the fuel.
TASK 5: HAVE VEHICLES DELIVERED AND READY FOR OPERATION
Staff has already begun soliciting vanpool participants. We are primarily concentrating
on filling the vans with employees that live a fair distance away, using 30 miles or
more as a guide. We have received numerous requests and have many anxious staff
ready to begin as soon as the vehicles are available.
TASK 6: REPORTING
Vanpoolers will maintain a daily log of trips, mileage and number of riders carried.
The City will report that information to the APCD every six months for the first year
and annually thereafter, for three years.
VI. Program Budget
a. The APCD will reimburse the City up to $50,000 after receiving and verifying
documentation the City has purchased three CNG vans for use in the
Alternative Fuels Vanpool Program.
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revised 6/27/95
CNG VANPOOL PROGRAM
TOTAL: $50,000
Account # 280-2803
ACCOUNT ITEM APCD CITY BUDGET
FUNDS FUNDS TOTAL
5565 3 VEHICLES $50,000 $50,000
INSURANCE $5,000 5,000
5565 CNG SMOG-BUSTER . $100 100
CITY LOGOS
5565 TOTAL: $50,000 $5,100 $55,100
VII. AIR QUALITY IMPROVEMENT
Air Quality Improvement
a. The City will keep track of the number of miles driven per week and will require
the vanpoolers to log trips that have been eliminated due to the vanpool. The
City will provide a bi-annual report indicating the number of vehicular trips that
have been eliminated due to the van pool program based upon weekly logs, for
the first year, and annually thereafter for three years.
The City anticipates that each van will hold up to 7 passengers. At maximum
capacity, the City's van pool program will eliminate 42 vehicular trips per day,
210 trips per week and 10,920 trips annually.
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1 i, EXHIBIT B
The County of San Diego Contracting Manual, January 1982 ElL, Part 1-8. Termination of ContraClS, Pages 189
2 through 207 inclusive.
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PAllT 1-8' n:lUUNATION OF COll'IiACTS
1-8.000 Scope and applicabllity of part.
(a> 'nUs part sets forth policies and procedures relating to the COlllplete or
partial termination of cOl1tracts for the cOI1Vel1iel1Ce of the CoUl1ty or for
default, and sets forth policies and procedures relating to the settle-
ment of claims arising therefro..
('0 > 'nUs pan applies to cOl1trac:ta which il1it1ally or by amendment provide
for terminatiol1 for the CODvel1ience of the County or for the default of
. the coutrac:tor. lIDwever, to the estel1t that clauses _tua.l.ly used in
COl1tr_ts.are 1ncol1sistent with the provisions of. this part, the provi-
aiona of the clauses actually aaed shall cOl1trol. Vhare a terminatioD
for' couvel1iel1Ce clause baa not 'clean include<! in a contract, this part -y
also be use<! for guidance in negotiating a settl_el1t agree_nt, or in
,"''''..g an equitable adjustment. .
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Stl!PAAT 1-8.1 DEl'L'nnON OF TERMS
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1-8.101 Def1nit1ous
.. ued 1%1 thi. part, the follov1:g te=a ha"e the _&Zl1nC. statee!:
Ca) -Collc1nuee! porc1on of the concract- lIeaus that porc1on of a parc1ally
l:al:'lll1natee! contract which nlates to work or elle! 1tULS I10t alraac!y
coapletee! aile! acceptee! prior to the effect elate of tel:'lll1nat1oll aile! vh1o:h
the contraccor __t cOIrl:1:ue to perfol:'lll.
Cb) -Colluactor in'tUtory- aeaus (1) any propen,. acquue<i by aile! 111 che
po.....1oll of a COQcractor or .ubc:OQtracto~ C1ncJ.wUng Coum:y-furn1ahac!
prop.rty) \mIl.r a cOlltract pur.uanl: to the te=a of vh1o:h title 1& .,..tee!
in the Count,., &lie! in exes. oithe _Wlta uedec! co co..plecefull
p.rfonlaDCe ulle!er the entire contract aile! (2) allY properc,. vh1cll the
Co=c,. 1. obl1ptec! to or baa all opc1oll to take o"er ulle!er any type of
colltract as . result d.ther of any changes 1: the .pecificat1on. or' plan.
thereunc!er or of the terminat10ll of such contracl: Cor subcoQtract
thereunc!er), prior to coap1et1oll of the work. for the con"enience or at
tha opc1on of tha CoWlCy.
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Ca)
-OChar Warlt- ..eallS any =ent or .chec!utee! VIOrk of the contractor,
vbecher CoWlC,. or cOlllllerc1&l. ocher than VIOrk ralal:ec! to cha tel:'lll1natee!
collcract.
Cf)
-1r1ma conuact- ....us _y colltract as e!ef1nec! 111 l-1.208 Kcaree! 1%Ico by
the Coun:,..
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-Sacl:l_1: asr-_I:-, aeane & V'd.tcell agre_c.'in che fol:'lll of :c '
--..04~ent to the conttact, be_1l the conttactor &lie! che Coim1:,. .acU1Dg
&l1 or a .averah1e porl:1on of & .actl._c propoaal_
Ch)
-Sectl._nc propoeaJ. -..ana a c.ra1D&t1oll cla1a, nbaa1ccee! by & colltraccor
or .ubconcracl:or in the foraa. &nc! ,npportee! by"the ciaca, nquiree! Ity 1:11.1.
1'~. "
.....
,
u.) -Tal:'lll1nac1oll c1&1111- ...11& allY cJ.&1III Ity a COQuacl:or or .ubc:oQcractor,
" perm1ccee! by 'che ca=a of a pr1aae colltracc, for coapeusac101l for che
" ,:-::' -- cal:'lll1nat1oll. 14 whele or ill 'parc, of the prime conl:ract or a iNbcoQtract,,'
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~hereuDder, aud auy o~her ~1&1m which ~h1s par~ au~hor1zes ~o be asser~ed
and se~~led 1u coonectioD with a termination set~lemeut.
(j) .Termiua~iou iuven~ory. .eans any i~ems of physical proper~y purchased,
supplied, ..uufac~red, furnished, or o~harvise acquired for performance
of the ter=1na~ed contract and properly ~ocable ~o the terminated
por~il'>n of the con~ract. The tem does DO~ include. any facilities,
..tenal, PTOduction or other equipment. or apee1&l ~oolin&. vtdch are'
subject to a aeparate con~ract or a apecial con~ract provision &overn1n&
the use or dispoai~ion thereof. Term1natiou inventory ..y include
contractor-acquired proper~y and County-furnished property.
('k) -Term1nated portion of the con~ract- __us tha~ portion of a terminated
contract wtd~h relates to work or eDd itellls not already completed and
accepted prior to the effective date of termination aDd vtdch the
contractor is DOt to continue to perform.
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SllBE'ART 1-8.2 GENERAL E'll.INCIl'US AE'E'LICABLE TO THE TElUUNAnON FOil.
CONVENIENCE AND S!T'l'LDlElIT OF CONTRACTS.
1-8.200 Scope of aubpan.
Thi. .ubpaz~ 1-8.2 4eal. V1~h s.n.ral pr1oclpl.. appllcable ~o ~h. t.rm1aa~lon
aDd. ~o ~h. ae~U_n~ of f1za4-pric. eype cootrac:. carm101~a4 for ~he coov.n-
1enee of the CoW1ty. McU.e1coal princlple. appl1c~ble ~o the aacU.....nt of
f1:a4-price typ.. of contracts. term1aa~ec! for col1veo1_e. lI1'e aee forth 10
Subpar:. 1-8.3 aDd. 1-8.4. respectlvely.
1-8.201 GaAeraJ..
"
(a) Conuac:. shall be term101ta4 for the coo.....o1.ne. of the Co=ty vban le
1a 4e~eftl1Aa4 that such actlon 11 in the best 10eenat of the CoW1ty. Aa
a se_r&1 polley, only a:Allateral tanl1oat1on by the Coun:y shoul4 be
1Acl.w:led 10 contract.. . To' perm1~ the Contractor to temioat. a contract
at hi. COave1Ueoce 1. co e_ourase u1:lder-b1441os 01' "buy-ins- when eh.
Contractor 4eteftl1Daa h. caD%U)t parfona for pnces bld or asr.a4 ~o in
the contract. E=.peloOl to the aenaraJ. polley UDder vb.1ch a contract
coota1u a _rual Tarm1oatlon for COo.....o1.nee .:lause -..t be fully
ezpla1:ecl. doc_nte4 Ulcl speciflcally approve4 by ehe Dapan_nt 1Iaad..
(11) ~ vall-lirattad e.na1Aat1on for con...~o1ene. .:lause 4d1Aa. the nah:' of
the Co_:y Ulcl of the cootractor In a e.miOltloo of ehe contract for the
conveo1.ne. of ~he Couney aDd. provid.. for the aetU_nt of .:la1lu
thereuZll!u. Thus. the conuactual rlahe to t.1'llI101t. . contract for the
'COtrriao1.oc. o'f the CoW1:y aDd. to .-ka a seetl...nt asra._t 11 baaed 00
8UCh a .:lause. Bowever, the pover of a contracuns acUnty to 1Ia_ a
tena1Aat1on oauc. do)e. oat depa1:ld on the anseeoc. of a te1'lll1oa~10n for
coiLvao:1_e . clause 10 'ehe coneract. 1A ehe ab.enee of a ~ena1Aatlon for
collvao:1.ne'; clause. lIo.......r. such acU01l _naally cooaUcu:" a breach of
cootrac~. Such a breach of conuac~ _y Rbjece ehe Co=cy to UabU1ty'
for 00....._1Iv ~p., 1Acl.w:l1oa ant1c:lp.tory pRfits. lIZI1e.. the Co_~y
llZ"d.v.. at a 'fOll1Ol:lry setel_n~ V1th the cootractor.
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(c) ~ coot:n&Ct vb.1oh 101tl&11y 40e. ""t pnnde for ta1'lll1oat1on for the
coll....eo1enc. of the CoW1:y _y,' wieh the ooosellt of the oontrac~or, be
-=ed elther pnor to or after tana1Aat1on ~o lncorporat. such a
ell_e. . Evan tlIough a collerac:t 1I.oat.o _1:ldad.' a .etel_t asre_t
_y be ~.red Loto af~.r Ce1'lll1oaC101l of the cootract.. .... .'
"
1-8.202 BoUce' of caftI1Dac1.01l.
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(a) Contrac~s.hall be ~ena1oaCad for c:ollvao:1_e oiLly by a vrtttall oa1:1oe to
the contractor scal:1oa:
.
(1)
That . che oontrac: 11 be1A& tena1D&cad for the coo_o1eac. of the
.:, CoI1Ol:Y (cltlos the approprlate contract elause, if any, autllorlz1os
INCh caftl1Dat1on);
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(1) The effective date of .termination;
(3) The extent of termination and, if & partial termination, the
portion of the contract to be coo.tinued; and
(4) Any special inatructioua.
(b) A copy of the notice of.-termination s~l ba ..nt to ..ch lalown ...isnae,
JU&r~ntor, or .urety of the contractor.
1-8.203 Hathods of a.ttl_ent.
S.ttlem.nt of con~racts terminated for conv.nience ..y b. affected by (a)
_lOtiaeed agreeMnt. (b) d.termination by the contractinl officer, or (c) a
colllb1%lation of th..e _thoda. Ev.ry .ffort ahall be made to reach a fair and
prompt aettlement with the contractor. The negotiated agre.lIl.nt is the moat
exp.ditioue and moat aati.factory .ethod of. aettlinl t.rmination.cla1as and
ahall b. used wh.n.v.r feasible. S.ttlement by detera1Dation shall be us.d only
when a term:lnation cla1a cannot b. eettled by agre_nt. . .
1-8.204 ~ties of pd.e contractor after 'receipt of notice of termination.
A:fter receipt of the notice of termination. the contractor ...at cOlllply with
the termination clause of the contract and the notice of termination. a=ept as
othe~e directed by the contracting officer under the authority of the clause.
The clause and the notice senerally .hould require. if appl~able, -.ons oth.r
th:1nss. that the contractor:
(a) Stop work on the terminated portion of the contract and di.continue plac-
inS subcontracts thereunder;
(b) TenUnaU all subcontracts related to the terminates! portion of the
prime contract.
(c) Immediately adTis. the contractins officer of -y .pec:ial circ....taDC..
pr.cluding the .coppase of work;
(d) If the. termination is partial. 'perform the continued portion of the
contract and sulna1t promptly _y r.qu.at for equitable adjustaant of the
price vth re.pect ~o the continued portion of the,contract. wpported by
. av1c1e=e of _y 1=1'.... in the co.t thereof; "
(.) Taka wch action as III&Y be uca..U'Y. or. as the contracting officer III&Y
dUect. to protect. and pr..erve prop.rty in the po.....ion of. the
contractor in which the County bas or ..y acquire an :1:ter..t and to
tha extent dUected by the contractiA& officer. delivar .uch property to
the County; . .
(f) ?rompely notify the contractins offic.r in vr1tins of any 1.lel proceed-
inss asunst i:ha contractor &rOwinS out of _y subcontract or other
collllld.ca.nt related to the tera1nated portiol1 of the contract;
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(g) Seeele all oueaeanding l1abil1e1es and all claims arising oue of term1na-
~on of subcontraces. obea1ning eny approvala or ratifications required
by the contracC1ng officer;
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(h) hOlllpely .ublll1t Ms 0_ ..tel...."t propo.al, supporeed by appropriate
8':h.dules; aDd
(1) Dl3po.. of any t.rminat1o" 1n...."tory. as dir.ce.d or auehorized by th..
coneracC1ng Officer.
1-8.205 ~c1.. of co~eractinl officer aft.r issuanc. of notica of t.r.1nat1on.
(a) t: accod&Zll:a neh the tana1naeion clans. 1D the coneract and .deh tha
DOeica of t.rminat1on. the contracting offic.r ahall; 1f applicabl..
_nl oth.r tl11np:
(1) Direct the ac~on reqn1red 01 the priae contractor;
(2) Ezaa1na the ..eel_ne propoaal of the pnm. ceneraceor aDd. when
approprtAt.. the s.eel&ll&l1e propo.als of subcontractors;
(3) hOlllptly negotiat. ..tel....nt v1eh the contractor aDd .nc.r into a
..eelemene agra_ne; and
(4)
To the extane that b. is unable to negotiac. ..eel....ne afe.r due
, aDd <i1l1act effore. pro=ptly ..ctl. ehe coneraceor'. cle1:ll by
<i.e.na1naeion.
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'(b) To e:cpedie. ..ctlemene. the co..erac~nl offic.r .hall ...k as.l3canca
boa .pec:1a1lY qualified persounal (.uch as l.gal. lICCoUZlC1ng.
1n.sPac:c1nl. _g1ueer1ul. and pro pen)' <il3poaal penounal).
1-11.206 Fraud or' other Cr'-'~.1 conduct.
olnlana...ar' eh. coa.erac~ng officsr has reason to suspece fraud or other cr1m1ua1
conduce in c01Ul&ceion neh the .etel_ent of a earlll1naeed concrace. he .hall
diacone1nue all uegoc1aeioua v1th the concractor and .hall rapore the facea to
tha Discrict ,...e:oruay.
1-8.207 Saeel_C of auKontrace cla1lU.
-
1-8.207-1 Subcontraccor'. npta. :.."
"
"Unl..a othervi.se .-pac::1ficall)'pronded. a auKolltractor ,has 11:0 collcraccual
npta aaUlUC the Coau)' upon the eerm1uec1on of apriae contract. The npts
of a lIWlconcraccor are al&1_t the pn- colltraceor or ineermediate _bcontrac-
cor nth who. he ha.s concracted. ,Upon tana1uacion of a p%1ae concract, the
vnaa coa.craccor aDd each eubcoa.tractor are n.pouible for the proatit ..tel.-
_DC of the t.rm1nacion cla1aa of the1r UDed1ate lIWlcOIlCractor... -.' - ", '
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1-8.207-2 ~ime concraccor's righcs and obligacions.
Each cerminacion for convenience clause provides ChaCo atcer nceipc of a
1:IOcice of urminacion. che prime concraccor shall (excepC as ocherv"ise direcced
by the concracctng officer) Cerminace all subconcraccs co che eztenC chac they
relate co the performance of any vork termiDaced by a DOcice of ce~tion.
Prime contraccors 54ould. for thair ova proceccion. include a ce~nacion clause
1n 'their .ubconcracC5. 'the failure of a prime cODtractor to inClude an appro-
propriace cerminacioll clause in any _bconcracC. or co ezerci.e his righu
chereu=er. shall DOC (a) affect tbe right of the Coullty to require the tend_-
"Uoll of tbe Subcolltract. or (b) incruse the obligatioll of the Coullty beyond
that which would have arisell if the _bcontract had COll.taill.ed an appropriate
undnation clause. 1: all.Y weh cas.. che reasoa.ablell..ss of th. prime cODtrac-
tor'. s.ccl.eDc with the subcontractor .hould DOrmally be ...sured by che
a&gresace &DOunt whicb would be due UDder .ubparagraphs (1). (%). and (3) of
paraerapb (e) of che .uuested .ubcontracc termia.atioD clause. 1la1mbur'&IIl&nc in
a=e.s of thec amount .hall be alloved ouly in unusual c..... and chen oaly wben
the, coDcracting officer i. .ati.fied that the term. of the aubcontracc were
negotiaced ill. good faicb and did DOC uurea.o_bly increase tbe rights of the
subcoll.uactor.
1-8.207-3 Sectlemenc procedure.
Settlements vich .ubconcraccors .hall be made in general confondcy with Che
po~icies and principles relaCing co .ecclemenc of prime concracCs.
1-8.207-4 Delay 1n .ecclemenc of aubconcraccor claims.
Where a prime cOllcractor is unable to .ectle wich a subcoDcraccor and sucb
1nability is delay1ng che .etclemenc of the prime concract. che cODcraccing
officer may seccle wich che prime cODcractor. ezcepc1ng from the .ecclemenc the
I whole or any parc of che claim of .uch .ubconcracCor .nd reserving the righc5 of
; cha County and of the prime concractor with re.pect thareco.
1-8.208 Sactlamenc agreemenc..
1-8.208-1 General.
Vbea. a setclemenc has been negociated with respecc to che 'termiDaced porcion
of . concract and all required reviewe have been obtai_d. the concractor and
the cOll.Cracting officer shall ea.cer 1nto a setel_nc acie_nc. 'the .ectle_nc
.~ cover (a) auy .etoffs and cOUZlterclaims which the CoUZlCy -y have agull.sc
the COll.tractor and which ..y be applied aga1nsc the teraaill.sted ,contr.cc~ and (b)
a11cla1lu of subcODuactors u:eptclaiIU whicb are '.pecifically a=epud from
the agreement and reserved for separate .aeel_nc. ".
.'
1-8.208-2 ' lIo-co.t' ..etl_t.
:If = cons have beell. incurred by the 'contractor with're.pect to' the termina-
ted portion of che COll.tracC or if the CODcnccor 1s vill1ng to waive the costs
1=urred by IUD and if DO smouncs are due to the CoW1ty UDder the concract. e
_-coae .ectlemenc agreemene shall be axecuced. -,'
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1-8.:08-3 Partial settlements.
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..../
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Eve--y effort should be made by the contracting officer to lettle in one earee-
. ::lent ~ rights and liabUities of the parties under the contract .xcept thoee
a.ris~g frolD any continued portion of the contract. Canerally, contracting
officers s~ not attempt to make partial settlements coverinl particular items
of e:a prime contractor's seu:l_ent p~posal. IIovever, vhen & contract:1ng
off1.:&r ~t promptly eff.ct e complete s.ttlement ulll!er the t.rndD&ted ,,"'n-
:%act, a par;ial settlement may be ent.r.d :1uto if ee) the issue. on ~h:1ch
ear_nt has been reached are clearly severable frolD other bsues, aDd (b) thoe
par~ .ettlement vould not prejw!ice the :1utereses of the Co=ty or the con-
tract.:lr :1: dispos:1ug of the __ettled part' of the clailD.
1-8.208-4 Settlement by det.rmination.
(a) Gc11eral~. To the extent that. the contractoE: alii! co ntrac tins officer are
ml&bl. to asr.e upon the settl_Dt of a ternl.1.Dat.d' cOlltract. or if a
termination cla:1m is not submitted W'ith:1u the per:1od required by the
termination clause i: the coutract, the contract:1nl officer s~ issue a
eleterminat:1on of the _=t due in &ccorelanc. rith the t.r=.1nation clause
i: the contract, 1nclud1l11 any coet principles incorporated therein by
raf.rence. Th. contractins officer shall cOlDply with the applicabl.
provisions of 1-8.208-1 :.~ouSh 1-8.208-3 mak1ng any such elet.rmination.
(b) 'IIot:1.ce to contractor. Before issuing a determinat:1.on of' the _unt due
the cOlltractor, the contract:1.ns officer shall live the contactor not less C
than 1.5 ciays' not:1.ce by cer::1..fied ma:1.l (retur: receipt requested) to ::"
submit, on or before a stated date, vr:1.tten eviaenee subsean:iating the
amOunt claimed to be elue.
(c) Sl>bID1ss ion 0 f ev1d.ence.
(1) The contractor has the burden of es.tablish:1uS, by proof sat:1.sfactory
to tn contract:1.ns off:1.cer, the _unt claimed. .
(2) The 'contracto'r III&Y subm:1.t sw:-h . wuchers , ....r:1.f:1..el trat1llcripts of
books of &cCOl1l1t, affielavits, aud:1.t r.ports, and other elocuments, as
he vishes. The contract:1.nl officer may r.quest the contractor to
submit such additional doc1&&nts and data, and _y cause such ac-
co=t:1.nl, 1I1vastipt:1.0t1ll, aDd aud:1.ts to be made, &she Ii._ app1'O-
,priate.,.: ;:;;;.... : '~~.' ....... '.,~: .',,:;':1-';;'7:''',,:,:.:,:,: -=.
- . .,
(3). Tha coDtract:1ug offkU' .uy acc.pc' phOto.uclc,or other cop1es of '"
. documents and records, rid10ut requ:1.r1ni or:1.g:1.Dal doc_ea .lluless
, thera i. a quest:1on of ._the:t:1.c:1.ry. ::. ., .'. . ,,' .
(4) U .the contractor viahes to confer with the contract:1.ns off:1cu,'.or
:1f the contract:1ns off:1cer vishes additional info~t:1.on from County
. : ,persot1l1el ,or :roa :1IlI!ependent experes,or,nshes cO..~v.sult persous
.. vbose &ffUavits or reports heve been i1ubmitted, the cODtract1nl .n
officer _y, in his el:1scr.t:1.on, bold such co1:Lferencs. .. he lieelDS ..
','", '. .. .... \. _-\H. _ ......,.. '..'- .. --- """':.'
- &lIPropriace. '-"-.;'t"'::"".;~,..-. ~'.' ~~.>::-...., ...:;~ ~-: :- ';"<:'--~-: .;".-:--':';-:-. ..,-:; .'...'.:. -~...
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(d) De~erm1na~ions. Af~er reviev1ng the information submit~ed, ~he contrac~-
iDg officer shall ~raDSm1t a copy of his de~erm1nation to the contractor
by certified mail (returD receipt reques~ed). The letter of transmittal
shall advise the contractor that the de~erm1nation is his final decision.
h acId1tion, the letter shall SUte whether or DOt an appea.l 1II&Y be
taken under the Ilisputes clause. The determill.&tion shall set fortn the
amount due the contractor and sh&ll be suppor:ad by de~ed echedules,
additional information, and analysis, as appropriate. An acIequate ezpla-
Dation shall be given for each major item of disallowcace. The contract-
iDg officer _ed DOt reconsider (1) any settlement with a subcontractor,
(2) auy disposition of property, or (3) any other action relating to the
term1Dated portion of the con~rac~, where such settleaeat, disposition,
or other action has been previously rat1fied or approved by h1lIl or an-
other duly authorized contracting officer.
(e) Preservation of evidence. The contracting officer shall retain in appro-
priate files of the. contracting agency all written evidence aDd other.
data or copies thereOf, relied UPOD by him 1n _king his determination,
-=ept tliat copias of orig1aal books of account need DOt be .-de. Books
of account, together with other original papers aDd documents, shall be
returDed to the contractor withil1.a reasonable tillle.
(f) AppealS. The contractor has a right of appeal, under the Disputes clause
of.the contract, from any settlemeD~ by de~erm1Dation, escept tha~ the
contractor has DO such right of appeal where he has failed to submit his
settlement proposal withil1 the time prov1ded 1n the contract and has
failed to reques~ extension of such tillle. The peDdency of &II appeal
shall DOt. affect ~he authority of the contracting officer to settle ~he
termination claim or any part thereof by a negotiated agreement with the
contractor at any tillle before the sppeal is decided.
1-8.209 Contracting officer's negotiation aemoraDdum.
The contract1Dg officer shall, at the conclusion of the Httl_nt _gotia-
tions, prepare and dgn a _llIOrandum setting forth the principel elements of the
settl..ent for inclusion iD the .contract file and for ~he use of reviev1ng
authorities, 1f any. U the settlemel1t was negot1atacl on the bas1s of 1l:Id1vi-.
dual items, the contracting officer sh&ll specify the factors considered with
re.pect to each item. U the settl_nt was negotiated on an overall lump_
'baais, the contracting officer need DO~ evaluate each ite. or l1'oup of items
1=dividua1ly, but the total __t of the reco_eDded settlement .hall be sup-
ported iD raasouable detail. .The _randum shall 1Dclude ezplanatioua of
..tters as to which differences and doubtful questiODS were .ettled by agr..-
_nt, aDd the factors take il1to couiderat10n iD co=ect10n therew1th, and any
other matters which, 111 the op1D1on of the contract1l1g officer, v1ll ass 1st
reviev1Dg authorities, if any, 111 uu4erstand1l11 t104 bads for the .ettl_nt.
1-8.210 ..,.ent.
1-8.210-1 F1aal paymen~ upon termiUtiOD.
-.~
(~l Negotiated settlement. At the time of sxecut10n of e settl_en~ sgree-:
_nt, a voucher or in~1ce shav1Dg the SllIOunt agreed upon, less any
. 197
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,.
---,
'.
por~1oc previously pai4, snal: ~e prepare4 aDd proc.ssed for pay=&cc. A
copy of che s.ccl....cc sllree~c shall ~. accac:h.4 co ell. _ueber or
1nvo1,:e.
('J_
(11) S.ccl_cc by 4.cenlic&C1oc. ..: cb.e .vanc of a ..ccl_l1c lly 4.ce1"fll1-
_c1oc:
(1) U ellis c:occrac:cor bas coc appeale4 ch.. 4.tenli:l.,\t1n w:l.thic the t1llle
allowed for ap'Peal, a vo...::.er or r:l'901':e .bovinS ell. _..n: .0
'4.ter.1ned.to b.4..., le.. any por:1oc prev1D..~ly p&14. .hall b.
prepared a=l. processed for paymenc; or
(%) U . ell. I:On:raccor baa a'P'Pealed elle 4eterm1nsc1oc. a vow:her or
invoice .bowing ell. .-.me f1D&J.ly 4.unlined oc 8Ul:h appeal to b.
4.... 1... any porUon pn~o...ly pa14. .heil b. pn'Pare4 aDd pro-
cas.ed for payment. Pac4~C 4ece~t1oc of any appeal. &11 tnvoi,:e
or voucher pur_: to (1) of this 1~8.21o-l(b)(%) _y b. proce..ed
for pay=ec:, w:l.cho..c pre~':e co ~. rights of either parcy' oc che
appeal. .
(c) Il1cues:. No in:.resc shall be "i'a:f.4 by :he Co=cy.oc ell. _1011: 4...
UDder a setclcmel1c acre...nc or a ..ctl-=-cc by 4ecenl1.cs:1oc.
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SUBPART 1-8.3 ADDITIONAL PUNCIl'LES APPLICABLE TO tm: SE'tTt.ZMEYT OF FIXED-
PllICE Tn'E COIl'IRA.CTS 'tERMINATED FOB. CONVENIENCE
1-8.301 General.
(a) A secclalene should compeuaee ehe conera.ceor fa.1rl,. for ehe work done
aDd ehe preparae10ns made for ehe eerminaced pore1ons of phe coaerace.
1Dc:l.w!111g an allowance for prof1e eherecn which 18 reaaonal.tle Qnder ehe
drc-.unces. Fa.1r compensac1on is a III&ceer of jw!pene aDd cantlOe be.
aeasured eza.c:ely. In a 11yen case, .ar1oua _ehods may be .qually appro-
prtaee for arr1T.l.ng ae fa.1r COlllpenaac1on. 'the appllcae1011 of nandards
of 'oua1ness jw!gmenc, a. d1se1ogu1shed fro. .crice accounc1nl priDe1pl...
1& l:he hearc of a ..cel....l1e.
('0) 'the primary o'ojecc1Ye 1& to nezoe1.&ee a ..ecel_nc by ~lnelllene. 'the
pare1e.'parc1es III&Y agtee upon a .eoeal amoune eo '0. paid ehe coaeraceor
wiehoue agree1nl on or segrelae1nl !:he pare1cular el._I1U of co.u or
prof1C cOlllpr1.1ng etds _Ql1e..
(c) eo.e aDd accounc1ng daea. may proYide guides, 'oue are noe r1lid llleasures.
for asc:erca1u1ng fair composae1on. In apppropr1aee cases. co.U may be
ud.lllaced. differences colllpro1ll1sed, aDd doubcful qU..CioI1S ..etled by
agr_ne. OCher eypes of dau, cr1eer1a, or sundards uy furnish equal-
ly rel1.&ble guj,des eo fa.1r COlllp.nsac1on. 'the ameUD!: of recordkeeping.
repore1ng. aDd accounc1ol, in c0l1nec:e1on vich the ..eele_ne of eer=1na-
cion claims, shall be kepe eo the 1ll1nimum compac1'ole vieh eh. reasouable
procacc1on of che publiC ineerese.
1-8.302 ALlowance for prof1e.
,
(a) General. l'rof1e.hall be allowed oal.y 011 preparac10ns made aDd work done
by ehe coneraceor' for ehe eerminaced pon1oll of ehe collcracc 'oue -y noC
be allowed on the concraceor's ..tel_lle ezp.na.s. AIle1c1pacory prof1e.
and con..quene1&l d_les shall not '0. allowed. Ally reasonable 1ll6chod
III&Y '0. used eo arr1ye ae a fa.1r p~fit, ..paraeely or as a pan of the
whole .eeel_ne.
1-8.303 Adjua:mene for loss.
(a) In ehe 11&goC1.&e1011 or deter1ll1uae1011 of aDY ..telcmant, 110 profit .hall be
allowed if 1e appears ehae the contracror wuld ha_ 1ncurreG a loss had
l:he eutire contrac: be.n cospleeed. 'rII.e _uue of 10.s shall 'be 11&ZOe1&-
ced or deter1ll1ned. aDd an adjus=_e 111 ehe .__c of ..eel_ene .hall be
1Il&d. all'specified 10 '('0) ofeh1s 1-8.303. 'In uC1lDaUuI 'che con eo
cosp1.u, consideracion .hall '0. &1_n to ezp_ted p~uc:1on effic1en-
d.. and to ol:her faceora chcunl the co.c co com:p1.u. .
(11) If .th. ..t:1_nt 1&011 aD 1II..ntory b..1& (~_'1-8.304)~ !:he col1eaceor
sba1.1 DOC be paid _n l:l:ian Che Cocal'of Chs amev.D!:s 111 (1) chroQlh (3)
below, 1e.. all 41sposal cre41u.aDd all 1ml1quidaced eGyauce and
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pro gr... paymeD~. previously made ~o ~he COD~ractor UDder ~he cODtract:
'.
(1) Th. amoUD~ aaso~1a~ed or d.ter=1Ded for ..t~l.meD~ exp.nse.;
(2) Th. COD~ract pric., as adju.~ed, for acc.p~able co.pl.~ed .nd 1~1tlU;
cd
(3) Th. rama1nder of ~he ..~rleman~ amoUD~ other-l1s. agreed or d.~.r-
l&1Ded.
~,
-:
1-8.304-2 1lu1. for .e~:l_~ propoaaJ...
(a) c:.-raJ.. 't'ba preferrad accouDUDg bas1. for prapar1Zls the ..~:l"'D~
propoeal. 1s the 1:~~o~ 11..18, .i._. ~h. 'coD~raccor _c COl8pUc. and
..C f01~ coec. appU.cabl. ~O. 'cllac porc1on of the coDeracc vb1ch 1s
u1'ld.lsacad. 110_....:. 11 co.u are .0 recorded 11l the collcraccor'. Ilooks
.. co ..u 1c ilaposs1111. ~o .ep.rac. cosu 1I.cv..n coapleCad =:Lu .nd
_rk 1: proc.... 1C v1ll'1IO~ lie po..1111. to u. ch. 1:~Cor,. 1laa1.; 1:
vtI:l.ch ~,cbs collcracc1q offi.cer ..,. &"pro". Cba cocal co.c.1I..1.,_.
vtI:l.ch 1s a ~r. 1:d:l.recc _chad of arrtn:s &C ch. cODcraccor'. coec..
. appl1C.abl. ~o the Carm:l.Da~ad porUOD of the CODcr_C. Tara1Zlac101l cla1ms
shall IIOC lie 81IblI1cced 011 e.,. 1laa1s och.r ChaD ~1Ia 1:~cor,. and cocal
~CO.~ 'baa.... _.~ ._,.. _~."_ ... ::.~~.~:~-~;:~- ..;>. .. .... 1:;~,". ....
~~ '";"':,~.~;~r1~18~ .~~~.>c" :,:':,-.-=;c' "c,"' '.';' ,~: "."
. ': -... ....
..',C (1)' We Cba ~co~ iiu18-Che;,ollcrac~~i .hallcia1a onl,. ~au
," dla%S..llla or allocable ~o the~ porC:l.OD of the C:ollcr.c~ vb1ch 1.
, u1'ld.lsa~ad, and ~1Ia aaccl~C.propoaal .b&U., .:l.cam.u ..parauly;
. .(1)
. .
.u parella.. or .aau.faceurtDS coec, aach 'of the follov1:s: .
. ....', .
, _cal. ~ rav ..car1al.. 'purchuat! pares;, '_rk 1: proc....-
f1Zl1abad'p&ru. CC!apOll_~.. 41....j1ss;' f:tzl:1lns, and
..;, . tool1D.I;.... -'- ..-........--.;..- "- !"" '",.:.. .... -.-"
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(ii) Charges such as engineering costs, initial costs, and general
and ad:i~strative costS;
(iii) Costs of settlements vitb su~ontractors;
(iv) Settlc=ent expenses; and
(v) Otber proper charges.
(2) AA allovance for profit or adjustment for loa. .hall be made to
complete tbe z:oaa termination claim. All U1\liquidated advance and
progre.. payments, and all dispoaal and otber credits kDOVU vhen tbe
proposal. is SI1~tted, shall tben be deducted.
(c) 'Iot.a.l coat ba,sis.
(1) When use of the iaventory baais ia DOe practicable or vill UDduly
elalay settlement, ~e total coat basis _y be uaed if approved in.
adva=e by the" contracting officer.
(2) When the total coat baais is ued UDder a complete terillinatiou, all
coats ~urred UDder the coutract up to tbe effective elate of tend-
nation shall be itemized and tbe costS of settlemeuts v1tb subcou-
trac:tors and s?1'licable 5&tt1._nt expenses shall be added. An
allovance for profit or adjuat..ent for loss shall be made. The
contract prio:e for all eud items vbio:b have been or ere to be deli-
vered a:>.d ecce?ted shall be deducted. All unliquidated edvance
payments, uuliqui4ated prosre.. payments aDd elisposal aDd otber
credits kuovn vben tbe proposal is aubmitted ahall also be
daducted.
(3) When tbe total coat basis is used uDder a partial termination, the
aettl_nt proposal ahall _t .be sublllitted _tll coapletion of tbe
con~i:ued por:ioll of tbe coutract. ne settlement proposal ahall be
prtparecl in accorda=ce with (2) of thia subpart, eseept that all
coats i=urred to the date of completiou of the continued portion
of tbe contract shall be included.
1-8.305 ~tat10n on ae::le=anta.
~uaive of aettlement coats. the total alDunt payabie to the coutractor on
ac=o_t of a aettl_nt. vtather through UllOtiation.or by determination, ahall
_t eseeeel the. total. contract price as reduce4 by .the. amount of paym_ts other-
nse 1I&de aDd as fn=her. reducad by the contract price of work _t terminated.
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SllEPA1l.T 1-8.4 TEllML'UoTION FOa. DEFAULT
1-8.400 Scop. of .ubpar:.
Th1. .ubpart: ..t. forth po11c1.. &ad procedurl' for thl u:~1zat10u aDd app11-
catiou of thl cllfalll: elause.
1-8.401 General.
(a) TI:m:lDa:10u for clefalll: 1s Iluerally thl IZlrd.1 of a con:rac:1a&l rilh:
of the Co=ry to tl:m:lDatl. b wholl or b pin. the coutractor', rilht
to proceed by reaaoll of his fa1lure. acl:U&l or ct1c1pato1:Y. :0 pufor&ll
h:1.s ob11&&t10u, uDder the colltrac:.
(lI) U thl cOlltrac: prov1cles for lts tlnd.Da:10u for COIl.II1:1I_1 of thl
Coun:y &ad 1f. aftlr 1,.__e of, a IlOt1ce of terlll1a.at101l for clelalll:. 1t
11 de:lrIIl1ued for auy'reaaou that. lUlder the ,pro91.10_ of the ela.....
the cou:ractor vu IlOt b d.fau.lt or that the clefaul: VIS a21:...ab1.. each
of the ela..... pro91cle' that the IlOt1ce of tlrlll1a.a:101l ,hall b. dl..ed to
ha.. b..u 1..ued lUlder the tlrlll1a.at10u for cOllveu1ence pr091.101l' of the
=Il:rac:. &ad :ha: the- rilht. aDd ob111&t101ll of the par:1e. .hall be
ZO..,.rued accordbgly.
(c) NoCW1the:aDd1DI the pro91s1ol1S of (b) of 1-8.401. :he colltract -y be
n1utate4 by _:ual asre_llt ""ere the coutract1Dg oU1cer cletlrlll1De.
that such re1D.tat....Dt 11 b the b.st btln,: of the Co_ty.
(el) In add1Uou to the tlrlll1ua:101l rilh::. aud r.....t1.. 'pzo'F1ded b the
couttac: cla>>ae.. the Co_:y _y 1D appropriate c:a.s.. punua :lr&Il1na:101l
or cauceUat101l" rtlhts &ad remeci1es prov1clecl by lav or by oth.r elausel
of the cou:rac:. .
()
1-8.402 Delau.lt tend.DaUOIl of f~-pric. npp1y COlltracU.
1-8.402-1 The Couucy'. nlhts to terlll1a.ate for clelault.
,
ODde= COIl:racts COIlt&11l:1A1 the d.faul: elau. "the Couuty baa the nlht. ...b-
ject to IlClUCI. to tlrlll1a.a:e the whole or allY put of the COlltract for delault
1f the COIl:ractor (a) fa1l. to .ak. del1..ry of the npp11" or to p.rfor&ll the
..r91c.. rith1D the tllM ,pK1f1ed 1D the COIl:ract. (b) fa1ls to pertor&ll cy
other pzo<ri.s101l of the COlltract. or (c) fa.1ls to uka prosr..a_ eo u to .wlcler
perfoZ'II&DCa. of ,the COlltrac:~ ' ' " """ -' "..- ",. ,- -
_._....,.._~~.... ...#~_;':'_. -...r-",-:~.":,?,,,'. _. _..- ..;:.
"1:'8.'40i~I-'';'~.lff~t''oi t:.~Ucm fOJ: clefau.1~.: . .~;;.._.. '~.:-5'.':;::::;:' ~.:...;.:.::... -'~~. - '--
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(a)
VwI.r a t.niDaUOIl for delalllt the Co1mty 11 IIDt l1alIl. for the coutrac-
=r', coats Oil lUldel1..:ed work. &ad 11 _titled to the npaya&1lC of cy
ad_e paymellts &ad of cy prosreaa 'paYlUDu appl1cabl., to neh W'llrk.
'tba 'Couuty _y elect. PUr&U&Ilt to the delalllt cla...... to reqll:11:e the
COllttactoi" to tl:&llIfer t1tle &ad del1..: to the Co=ty COWIpleted "pp11"
and mauufactur1n1 _ter1&1'. b the -=-r awl to the estellt clUectecl by
th. COlltrac:1D1 off1cer. The COlltract1D1 offic.r .~ IlClt .... the
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(c)
default clause as authority to ac'tuire any cOlllpleted supplies or lII&nufac-
curtng materials u~ess be bas ude ceruin that the County does tIC t
already bave title thereto UDder some other provision of the contrac:t. In
the event manufac:turing materials are to be ac:'tuired by the County under
the authority of the Default clause for the purpose of furnishing the
mAterials to any other c:ontrac:tor, the contrac:ting officer shal1 take
auc:h ac:tion only eftar giving due consideration to the difficulties that
such contrac:tor may eD.c:ounter in _king use of the mat.rials.
'the County shall pey to the contrac:tor the contract price for any co..-
pleted supplies, and the &1IIOunt agreed upon by the contracting officer
and the contractor for any aanufac:curtng matertals acquind by the
Co'unty pUrsuant to theddault clauae.
'the contractor is liable to the County for any axc:ess costs for supplies
and sem.ees pRcured, and for any other damages, vbether or not repur-
c~e is effected. Bowever, where the failure to perfor1ll arises out of
causes which are e=usallle under the clause, the concractor shall tlCt be
~able for any excess costs.
("0)
1-8.402-3 Procedure in case of default.
(a) 'the default clause covers sitautions wbere the contractor has in fac:t
defaulted by failure to _ke delivery of the supplies or to perfor1ll the
serrl.ce within the t11lle specified by the contrac:t or any extension there-
of. In such situations, tIC tlCtice of failure by che contractor or of the
possibility of ter1ll1u.ation 'for default is r&'tuirec! by the terlU of the
c:.l&uae to be sent to the contrac:tor prior to the actual notice of ter1ll1-
nation. Bowever, if the County has cakeD any action which 1II1ght be
co~trued as a va1..er of the cantrac:c delivery or perfOJ:1lllLl1Ce date, a
pre111ll1u.ary tlCtice shall be sent the contractor seeeing a new date by
wtdch the concrac:tor will be per1ll1tted to make deli'ftry or cOlllpla'cs
performance, re.er'V1ng the eounty's rights uDder the default clause.
Dependant upon the circ-.sUD.c:es in each case, INCh a prelia1D&ry tlCtice
(1) shall call the contractor's attention to his conerac:tual liabilities
should the contract be ter1ll1natec! for default under eubparagraph (a)(i)
of the clause, (2) ma1. re'tuest an explanation of the contractor's
fallure, (3) ..y s:ate that failure of the contractor to present such
explanation may be takan ss an ac!1Il1ssion that tIC ...alid explanation
ex::Lsts,and (4) ..y in...ite the'contractor to ll1scuss the ..tter at s
'coDf.r.~e. . ..... ,- ..,- -
)
. . - . , .' . .
(b) 'the default clause' co....r.s aie-tiou ~in 'v1Uch the' contrlLCtor. fails to
. perform any of the 'other pRv1siona ,of the contract ,(such .. not fu1'D1sh-,
. ing a r8'tu1%ed pedor1ll&D.c:S bond) or so fai],s'to 'make proiress .. to
endanger perfoJ:1lllLl1Ce of the contract in ac:cor4lmCe with its e.rse.' In
either of INCh situations, the contracting offic.r _t formal1y notify
the contractor of such failure and allow at le.st tell'llays for cun of
the failure before isau1ng a term1lletion tlCtic.., Such nocification shail
s.t forth in co_ise but complecs form all of the' provisions of eh.
contract vh1ch the contrac:tor baa fail.4 to _et, or a -.ery of the
findings which ha.... 4emonstrated that the conerac:tor has fail.d to make
_. _ accepuble pRgress in the performallCe of the. contract, or both. The
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extant of detail to be 1a.clucieci vUl vary depeuciul upoc the catun aad
amount of prev10ua corre.pouciecce with the coctractor; b~t any such
preir10ua conespouciea.ce n11ed upoc sball be spec1f1call,. relerecced 1n
the preUm:l.cary DOt1ce. The preUII:l.uary DOt:l.ce (1) shall nata that a
IIOt1ce of I:~ra:l.cal::l.on for clefault a,. be 1.aueel upon ezp1ral:10c of the
I:en-clay (o~' locler) per10ci aDl.e.. the fa:l.lure 1:0 perform or 1:0 aake
aclequal:e prosr"s I:ovecl performaa.ce has been cured. (%) .hall call the
co~l:ractor's atl:act:l.oc 1:0 b:l.. cocl:ractual 11abU1t:l.e. U the e."ect the
cocl:racl: 18 tarm1uate4 for clelaull:, (3) sball requesl: an explanl::l.oc of
l:b COcl:r&Cl:or's fa:l.lure 1:0 perform the eocl:racl:, (4) ..,. s:&l:e I:hat
fa:l.lure of the COC1:rac1:or co presect such explacat10o. ..,. be "l:&IteD as an
acla:l.sa:l.oo. thaI: DO 9&114 explaual:10c ex:l.su. . aucl (5) ..,. UV1l:e I:he
con1:rac1:or 1:0 cl1scus. the III&l:l:er al: a co~er.cce.
(e) The coo.l:rac:U1 off:l.cer shall cou1.cler I:he follov1DS facton, 1D cleterm1c-
. 1D1 whe1:her 1:0 tera:l.ca1:e & contracl: for cle'taull:: . .
(1) The pro9:l.s:l.cn1S of the eoc1:ract aad appU.cable lavs auci nsulat10l1s;
(%) The spec1f1c fa:l.lnre of the COl1tracl:or. alld the e_uses, 1f -,., lI&4e
by the cOCl:ractor for such fa:l.lure;
(3) The a9a:l.labU:l.ty of the lNPPUes or serncas froll other sources;
(4) The 1&1'1__" of the ueeel for the lNpp11.. or .ernc... aucl the per:l.oci.
of t~ vb:l.ch woulcl be requ1reci to obta:l.n the aupp11" or .serv:l.ce.
frail other sourc.. .. collpared vith the 't~ 1n vtU.ch clal1.9ltry c:oulcl
be ob:a:l.neel fro. the clal1Dquent coctraccor; .
-.
(5) The clelre. of .ssen1::l.al11:,. of the coctraceor 1D th. County proeure-
_nt prosr- aucl the effect of a tera:l.cat:l.on tor clefaull: IJpec the.
coctracl:Or I s capabU1ry as a supplier ua4er other conl:r&Cts;
(6) 'The effece of a Ura1DaI::l.OIl for clefaull: on the UU11:" of the coc-
=acl:Or to 11qu1clatit '...-rallceeel 1_. prosr..e paYIHDCs, or aclvaa.ce
payaeo.ea ;
(7) ne a9a:l.labU1ty of fua4s to f1D&Dce repurchase casU vb:l.ch ..,.
pro_ to be u=colleccable f~ the clelaulteel coc1:r&Cl:or, aucl the
.-:l.1ab:l.l11:y of f1IIIIls CO f1n&Dce l:era1ca1::l.o1l j:oeea 1f the ctelault 1s
cteura1o.ecl CO b. e:zcuaable; aucl '. " .
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(4)
(8) .u"oth.i per1::l.o.eo.1: f&cu CIA c:l.rc_uDces. ..' ."
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Vbao.' th.COGUac1::l.o.l off1cer4&tera1D&S tha1:' tera1D&1::l.oi for 4elault 1s
proper, he shell ls._ a ao1:1ce of l:era1o.&UOG ~ch .hall= '.
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(1):: S'-1:' foi-Ch the COIll:r&cciaumber &Il4 4&1:&; ",;- ,"~
(1) .:'u.Scn.'be cbe acc.'o~.'o.u...101i. couc1~lIc1Zl1 the .afau1~; -
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(3) State that the contractor's right to proceed furtber vith per!or-
manee of tbe contract (or a specified portion of tbe contract) is
ur1dn&ted ;
(4) U the contracdng officer has not determineel whether tbe failure to
perform is escusable, al:atel:hal: I:he auppl1es '01' services ter1dnated
may be procureel againsl: the conl:ractor'a accounl:, a~ thaI: I:he
conl:ractor may be beld liable for any e~ess coats;
(5) U the conl:ract1ng officer has eleter1dneel that the failure to per-
form is not ~uaable, atal:e I:hal: I:he nol:1ce of l:er1dnal:1on consl:1-
mtes aueb elec1stou &~ atal:e I:hal: I:he conl:racl:or vUl be beld
liable for any exce.. coal:S, &Del also al:atel:hat I:he conl:ractor baa
:he r1ghl: to appeal sueh electston under the ntspUl:e. clause;
(6) Stal:e tbat the'Counl:Y re.erves all rtgbl:s ,a~ remedtes provtded by
law or under I:be contract, tu add 11: ion to chargtng exc..a co.:s;
and .
.
(7) Stal:e thaI: the nol:1ce consl:1l:utes a decision I:bal: I:he conl:ractor is
tu c1efault as, si'ec1ftecl a~ that the conl:racl:or bas the right 1:0
api'eal u~er the el1si'utes clause.
Ce) The .ame c115tr11>UI:1on .hall be made of I:he l:erm1na1:10n nol:1ce as vas _c1e
of I:he conl:r&ct. In add1t1ou. a copy .hall be fu~.bed 1:0 the aurety,
if any, &Del I:he prncuring aCI:1v1ty'a f1sc:al office ahall be advisee! 1:0
n1:hhold fureher paymenu u~er I:he ur1dnal:ecl contracl: pending adcltl:1on-
al 1nsl:'CUcl:1ons which ahall be given vhen aufU,denl: tnformal:1on is
avallable. .
Cf> U I:he conl:r&CI:1ng officer eletenr.1ne. befon iaaua=e of the notice of
urodnadon 1:ha1: I:he conl:raCl:or' a failure 1:0 perform arOH fn. causes
beyo~ lp.a conl:rol ancl ntbou1: his faull:or negl1pn.c:e a~ thaI: Unr.1na-
1:1on 15 in I:be be.1: tuun.1: of :be County, :he contracting off1car ahall
Ul:her unr.1nal:e I:he conl:ract for con.,eni&nce where I:he conl:racl: conl:ains
a term:l.nSt1on for con.,el11ence clause or l:erm1nal:e 1:be contract for
elefault, nehoul: a.se..1ug e_esa co.I:S, where I:ba conl:r&ct cloe. not
conl:a1u a tenr.1aal:ton for conve\11euce clause.
" (a>:Ul:he 'coneracdng officer '"basnol:heen abl.' 1:0 cleeerm.-.'?rior 1:0
" . , ~ :1ssu.ance' of I:be uol:1c& of "l:anr.1nat1on. ,whether; 1:be conerac1:Or' a failure
':' ,:".1:0 perform aroae fro. ,;aisae,.:,beyo.nel his con1:nllUl4 n1:bouI: ,his faull: or
. negl1gll1lCe,' ,be shall uke a vr1l:unelec1s1on'on 1:ha1: polol:." ,soon aa
.. pract1cable &fl:er 1..uauceof ,:be uol:1ce of t'a1Dac1on.' Such clec1s1on
ahall be clel1vereel ?rollli'1:lY 1:0 the con1:rac1:or n1:b e lIOc1f1c:a1:1on, I:bal: he
," baa the dgbt 1:0 appeal 1:hs clad,aton 'as aPecif1ecl ..10 :be n1a?Uus
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1-8.402-4 P:ocedure 1n 11eu of ter=1na:ion for default.
'the followUlg coutses of action, .....ng others, are a..aj.lable to the contract-
1:1g "ff:t.:er 1n lieu of termination for default, wlIan 10. the ~se 1o.terest of the
Couo.ty:
(a) P.rmit the contractor, his surety, or h1s guarantor eo contio.ue p.rfar-
...-e af Ce contract ,u'lll!er a r.rtsad del1ftry schedule;
C'b) Pe%lIIit th. coneractor to cOllta... p.rfo~e of ch. colleract ~y ...ns of
.a subcolltract or other busi_s. a=aa.s_t lI1th an acc.ptable th1r4
pany, prort4ed the righu of the Coun:y ara aAiequau1.y presarved; or
Cc) ,x! the raqu1:lIIIIoIllt for the supp11e. a=d Mertee. .pecU1ad In l;he con-
eact GO loeger e:d..t. _ the 'contractor La lIGt l1able to the County for
damage., asacute a co-cost termia.&elon .e:tlemant a~.em.ct.
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1-8.402-3 Doc_entatloe of coe:ract fUe.
In a1.1. case. lIbere a contract 1. terminated for 4efaul:, ce cOIl:ract fUe
sb.&l.l be well 40c_en:ed to e:Iqlla1n fu1.1.y the reasolls for tlle ac:ioe taken.
1-8.402~ bpureha!le aguns: cOlltractor'. accoant.
Ca) ~ra the SUPP111..10rblse~e. are st1ll requlred ...~t.rft.radnal.1tloll a'lll! C
~. cOllerac:or . ia ., ~or ._ess costs, repure...... 0 sUlIP .. or
~.. which are th. __ as or s1lll11" to tbo_ cal.led for the coc-
=t shall be lI&4e agunst the coceractor's account as _c as pracu-
cable alur termia.&tiOft. Such r.purchase .hall. be at as ruso_bl. a
price as pneucable cOIlS14ed.ng th. qual1ty r.~ed by the Co=:y a=d
the :1JM ri:h1a. which the sullllUe. or samces are req-c1.l:ed. 'the coc-
eact of repurchase uy be lI&4e for e quatlty 1:\ aces. of the 'u'lIAe1.1.,...
ared q~t1ty eermia.&eed for default, wbec .uch e:a:e.. quaDt1ty 18 _eded
(so lons as thi. 40.. cot result 1c payUc . h1per uc1t price than
.".uabb for the u'lIAel1ft:ed quant1ty) ....t pc". cose. -y be charaed
asunse the 4efaul.t1cg contractor for aa 8Or. ehaA tl1e undell_red quae-
~:y termi_ted for default ClccJ.udlcl ftrtatloCLS 1c quaetity permit:ed
'by the termia.&ted coctrac:),
(b) X! the repurchase 1. for a quant1ty IlOt iA pce.. _ of the undel1'ger&4
quant1ty teradnaeed for defaulc, the bpI. reqQ;1r~s rith respect to
fonaal b14d1ll8 proceduRs .ue 1ca1lPUcall1e. 1IaveYSr, the cl)utracuul
_ c' ofUce: shall _e fonaal b14d1ll& procedane __epe wlIan there 18 pd
Z'SSSOD to _aot1at&. U the couuact1a.& officer 4ed.d.. to _aoe1ate :he
nvu:chase cocuact, )l.e shall aote the nasou 1c tiae coctract fUe a'lll!
8b&U 14_e1fy the procuuant as a npu-c:hase 1:\ accoria=:e rith the
prorts1oaa of ~ default c1awle 1c the defaulted cocuact. ~ the
npurchase Is for a quaetlty 1c _ess of the unde1.1ftrad. quaDtlty earmi-
_e&4 for default, for the pu:vose of determic1q vbatller bUdlcl or
_aotiat10c should be used, the ent1re quaceity .b&U. be treat&4 as caw
procur....ct.
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(~) If repur~hase is effeeeed ae a pri~e in excess of ehe price of ehe sup-
plies eerminaeed, ene eoneraeeing offieer shall make a wrieeen demand on
ene eoneraceor for ehe eoeal amoune of suen excess, giving due eonsidera-
e10n eo any increases or deereases in oeher ascerea1nsble coses sucn as
erauspoI,=ae1on and d1seounes. U ene coneraceor fails. to make paymene,
ehe con.;race1ng off1eer sball follow Counf.y procedures for colleee1ug
elaimS in favor of ebe Couney.
1-8.402-7 Oeher damages.
(a) If a eontraee is eerminaeed for defaule or if a eourse of aee10n in lieu
of eerminse10n for defaule is followed, ebe eonerace1ng officer shall
prompely ascereain and make demand for any 11qu1daeed damages to wbicb
the Couney may be sne1eled under ene conerace. Pursuane eo ebe conerace
provisions for liquidated damages, sucb dama&es are 1n.add1e1on to any
ezeess co.es of reprocuremene.
(b) If ebe County bas suffered any oener ascerea1nable damages as a resule of
ehe coneraceor'. defaule, ene contrace1ng officer sb&ll, on ehs b..1s of
legal advice, eake appropr1aes ace10n eo assere ehs Couney's elaim for
sucb damages.
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COUNCIL AGENDA STATEMENT
Item/Ll
Meeting Date 12/5/95
ITEM TITLE: Resolution / ~/ 7' tfl Adopting the 1995 Supplement to "Greenbook"
Standard Specifications for Public Works Construction, 1994 Edition and
Chula Vista Design Standard No. 34
SUBMITTED BY: Director of Parks & Recreatio
Director of Public Works I
REVIEWED BY: (4/5ths Vote: Yes_NoX)
.......-z
On October 24, 1995, the City Council by Resolution 18086 adopted the 1994 Standard
"Greenbook" Specifications, Regional Supplements and Standard Drawings, and the Chula Vista
Standard Drawings and Standard Provisions, excluding Chula Vista Design Standard No. 34 (see
Exhibit A). In addition, Council directed staff to meet with representatives of the development
community to work out their concerns with the drawing (CVDS No. 34). After a series of meetings
with developers active in Chula Vista, staff has revised CVDS No. 34 to partially address their
concerns. All major builders were invited to participate in one or more of these meetings and those
attending included McMillin, Eastlake, California Pacific Homes, and Brehm Communities.
In the ensueing period, the Regional Standards Committee adopted the 1995 Supplement to the
Greenbook Standard Specifications for Public Works Construction, 1994 Edition. This supplement
is an integral part of the Greenbook and needs to be adopted by Council to enable its use in the City.
RECOMMENDATION: That Council approve the resolution adopting the 1995 Supplement to the
Greenbook Standard Specifications for Public Works Construction, 1994 Edition and Chula Vista
Design Standard No. 34.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Greenbook has been adopted by more than 200 cities, and other governmental agencies in
Southern California. It has been written and promulgated as a joint effort of a joint committee
comprised of the Southern California Chapter of the American Public Works Association and
Associated General Contractors of California and various governmental agencies. The work of this
joint committee is reviewed and adopted by the San Diego Regional Standards Committee, which
includes the City ofChula Vista.
On October 24, 1995, Council by Resolution 18086 adopted the 1994 edition of the Greenbook. The
1995 supplement before you tonight, had not been reviewed by the San Diego Regional Standards
Committee and, therefore, could not be presented to you then. Staff anticipated that this review
/~'I
{ ",I
,
Page 2, Item I C'
Meeting Date 12/5/95
would be addressed by the committee in January or February 1996, after some conflicts internal to
the Committee had been resolved. Fortunately, these conflicts were resolved at the November
meeting of the committee, making it possible to proceed with the review and approval of the 1995
supplement (Exhibit B).
The major changes the supplement addresses deal with specifications for:
a) chemical admixtures
b) latex modified asphalt concrete
c) stonework for erosion control
d) high density polyethylene (HDPE) spirally-wound profile wall liner pipe.
At the October 24, 1995 Council meeting, staff presented for adoption, the Chula Vista Standard
Drawings. These drawings are used by staff and private engineers to standardize the infrastructure
and land development improvements built in the City. One of these drawings (CVDS No. 34) was
prepared with the intent to depict conditions for access to Open Space areas. A copy of this drawing
is attached as Exhibit C. It incorporates the following:
a) Open Space wall location relative to property line
b) Minimum dimension from top of slope to face of wall
c) Deletion of old "slope rounding" drawing to incorporate some slope transition from
face of slope to top and/or bottom of slope
These requirements were previously incorporated on a project by project basis by staff during the
plan check process. This practice resulted in conflicts with the developer's plans and extended the
review/approval process. To resolve these problems, staff prepared CVDS No. 34 utilizing a width
of 4 feet for the bench of shoulder to be provided at the top of slope to level area. The 4 foot width
was proposed because:
. It provides safe access to open space areas for maintenance activities, brush clearance for fire
safety, landscape and irrigation maintenance, and prevents open space encroachments.
. This requirement was given to and complied with by the Baldwin Company for their
Telegraph Canyon Estates project.
. Rancho del Rey has met this criteria in past projects.
Unfortunately, the drawing raised several concerns with area developers and its approval was
postponed until staff met with the development community to resolve them. Through a series of
meetings, the drawing has now been modified to reflect the input of developers active in Chula Vista
(see Exhibit D). The modifications made to the drawing are:
. Deleted the browditch and slope rounding identification
. Provides for different minimum widths (4 feet for large slopes and 2 feet for open space
adjacent to streets)
. Provides discretion for the Director of Parks and Recreation or his/her designee to waive or
modify the requirements, if certain criteria are existing or designed into the project.
IttJ- ,2.
"...
Page 3, Item /tJ
Meeting Date 12/5/95
As modified, the drawing is still not totally acceptable to the development community that helped
in its review, because they feel the 4 foot bench width is excessive and penalizes the property owner,
as it may reduce the usable rear yard size. It is the Parks and Recreation Department's position,
however, that the 4 foot bench is necessary in order to provide safe access for maintenance and brush
clearance for fire safety concerns. In addition, the impact to the rear yard size can be eliminated
and/or alleviated at the time the developer's engineer design the project's grading and lot layout.
Adoption of the drawing will provide a clear standard for the design engineers to follow.
FISCAL IMP ACT: The adoption of these revisions will have no fiscal impact other than the costs
to purchase or print the approved documents. These costs are estimated to be less than $1,000 and
have been budgeted in the Department's operating budget.
Exhibit A - Resolution 18086
Exhibit B - 1995 Supplement to the Greenbook, 1994 Edition
Exhibit C - CVDS No. 34, as submitted to Council 10/24/95
Exhibit D - CVDS No. 34, as modified 11/10/95
RS:sb
File No: 0715-30-KY022
M:\HOME\ENGINEER\AGENDA \STAND34.RS
/&-} !O~.L(
;fJ
I
RESOLUTION NO. /8/7'0
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING THE 1995 SUPPLEMENT TO
"GREENBOOK" STANDARD SPECIFICATIONS FOR PUBLIC
WORKS CONSTRUCTION, 1994 EDITION AND CHULA
VISTA DESIGN STANDARD NO. 34
WHEREAS, on October 24, 1995, the city Council by
Resolution 18086 adopted the 1994 Standard "Greenbook"
Specifications, Regional Supplements and Standard Drawings, and the
Chula Vista Standard Drawings and Standard Provisions, excluding
Chula vista Design Standard No. 34; and
WHEREAS, Council directed staff to meet with
representatives of the development community to work out their
concerns with the drawing (CVDS No. 34); and
WHEREAS, after a series of meetings with developers
active in Chula Vista, staff has revised CVDS No. 34 to partially
address their concerns.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby adopt the 1995 Supplement to
"Greenbook" Standard Specifications for Public orks Con ruction,
1994 Edition and Chula Vista Design Standard 34.
ar orm 1J
Presented by
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
C:\rs\greenbook
/,?,,S' j;tJ~
[Xl-lrB/T,4
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item ,-..
Meeting Date 10/24/95
Resolution 180S(, Adopting 1994 Standard " Greenbook "
Specifications, Regional Supplements and Standard Drawings, and Chula
Vista Standard Drawings and Standard Provisions
Director of Public Work~}t 1ft!
City Manager (4/5ths Vote: Yes_No X)
SUBMITTED BY:
REVIEWED BY:
In 1994, the "Standard Specifications for Public Works Construction", properly known as the
"Greenbook" was revised by established committees representing all facets of the construction
industry and government to reflect changes in technologies and/or performance tests. The Regional
Standards Committee (which includes Chula Vista) has revised the regional standard drawings and
specifications have published the revised 1994 edition. Engineering staff has also revised the City
of Chula Vista Standard Special Provisions; City of Chula Vista Part 1 Special Provisions-General;
and the City of Chula Vista "Department of Public Works Design Standards - Construction
Standards. "
RECOMMENDATION:
documents:
1)
2)
That the City Council approve the resolution adopting the following
3)
4)
5)
6)
Standard Specitications for Public Works Construction - 1994 Edition "Greenbook"
1994 Regional Supplement Amendments to Standard Specifications for Public Works
Construction - 1994 Edition (Greenbook Regional Supplements)
San Diego Area Regional Standard Drawings - dated March 1995
City of Chula Vista Standard Special provisions - dated September 1995
City of Chula Vista Part 1 Special Provisions - General with Revisions
City of Chula Vista Department of Public Works Design Standards - Construction
Standards
. "
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Every three years the "Standard Specifications for Public Works Construction" which is more
familiarly known as the "Greenbook" is revised to reflect changes in Technologies and/or
performance tests. The most recent edition adopted by the City is the 1991 edition which has been
superseded by the 1994 edition.
On October 6, 1992, the City Council by Resolution 16833, adopted the 1992 San Diego Regional
Standard Drawings and Specifications (See Attachment A for Resolution and Minutes of meeting).
These standard drawings and specifications (properly known as the "Greenbook" are currently being
used by the City for public works construction whether it is privately or publicly financed.
The continuing work of the San Diego Regional Standards Committee (including Chula Vista) is to
review the standards and to act upon suggestd additions or changes to the standard drawings and
/"/7
Ct I
Page 2, Item , ;-
Meeting Date 10/24/95
specifications and to review the "Greenbook" publication. The standard drawings and specifications
are published every three years and reflect these additions and changes as adopted by the Regional
Standards Committee. The 1994 "Regional Supplement Amendments" (to the Greenbook) and
"Regional Standard Drawings" have been published. Engineering staff accordingly has also revised
the City of Chula Vista "City of Chula Vista Standard Special Provisions," "City of Chula Vista Part
1 Special Provisions - General," and the "Department of Public Works Design Standards -
Construction Standards."
The Associated General Contractors of America (AGC), Building Industry Association (BIA) ,
Engineering and General Contractors Association (EGCA), Construction Industry Federation (CIF)
and the San Diego County Rock Producers Association (SDCRPA) all representing the construction
industry within the San Diego region have representatives on the San Diego Regional Standards
Committee and have participated in the development of the 1994 Regional Standard Drawings and
Specifications which staff is requesting the City Council to adopt. The American Public Works
Association (APW A) and the California Council of Civil Engineers and Land Surveyors also has
representatives on the San Diego Regional Standards Committee.
The revisions to the "Department of Public Works Design Standards - Construction Standards" are
minor with the exception of CVCS No.1, Driveway approach with monolithic curb, gutter, and
sidewalk. CVCS NO.1 was revised to comply with ADA requirements. This revised standard has
been reviewed by, and discussed with, the local developers. It differs from the Regional Standard
drawing by not requiring as much area be devoted to sidewalk and minimizing the amount of
concrete within the parkways. The other drawings were revised basically to correct references listed
on the drawings and to put them into computer format. A copy of drawing evcs No.1 is included
as Attachment B for Council's information.
The Director of Public works will have copies of the material recommended for adoption and
summaries of the revisions to the Standard Specifications available for Council viewing in the Public
Works Department - Engineering Division, the office of the City Clerk, and at the Council meeting.
. ,
FISCAL IMPACT: The adoption of these revisions will have no fiscal impact other than the costs
to purchase or print the approved documents. These costs, which are estimated to be less than
$1,000, are included as a routine item in the Department's operating budget.
RS:sb
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NOT REQUIRED "
(
I
I
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~~,illl1T1
CI
Date:
EXHIBIT C
OPEN SPACE AREA
4'(MIN.)
(IF NO BROW DITCH IS REQUIRED)
~
Q.
g~
"'-
~~
,-",
1i5a1
12"
SECTION
NO SCAlE
It
PRIVATE AREA
WALL PER SITE PLAN
UiTTT,rm~
. '; ,. ~~.. ;~ ...
F/:'::"'~':
\.~., ';."::"."
, .. FOOTING PER SOILS REPORT
. --', RECOMMENDATIONS
;'.'" .. ~ -.~.,
":.~\.-;;',;'
~, .. ," ....:. ,.'; . " :
CITY OF CHULA VISTA
PUBUC WORKS DEPARTMENT
OPEN SPACE WALL eves
LOCATION 34
9 5 95
/p.... .:l
ry-:
--~ .,.,,'
EXHIBIT D
~
OPEN SPACE AREA
PRIVATE AREA
,
I
4' FOR LARGE SLOPES I
2' FOR OPEN SPACE ADJACENT TO STREET
(MIN.) * . I
I
I
WALL PER SITE PLAN
SLOPE ROUN~ING ~_ -
NOT REQUIRED /
/
I
\
\
\ ~
,
,
\
\
\
I
~I
5%(MAX.)
.
-::.~.
m,,~
I
/
/
/
~/
FOOTING PER SOILS REPORT
RECOMMENDATIONS
SECTION
NO SCALE
NOTE:
* THiS"REOUIREMENT MAY BE WANED OR MODIFIED BY THE PARKS AND RECREATIDN DEPARTMENT DIRECTOR,
OR HIS/HER DESIGNEE WHEN,
1. THE HEIGHT OF THE SLOPE IS LESS THAN 20 FEET AT ITS MAXIMUM POINT.
2. THE SLOPE IS ADJACENT TO STREETS ALONG ITS FULL LENGTH.
3. SOILS REPORT RECOMMENDATIONS FOR FOOTINGS ALLOW.
evised:
date:
Date: 11-10-95
CITY OF CHULA VISTA
PUBLIC WORKS DEPARTMENT
OPEN SPACE WALL eves
/t?-..t2 LOCATION 34
11'./
I..-ll"::
CITY ENGINEER Date: 11 13-95
11 10
CAuFORNIA
PACIFIC
HOMES
OF SAN UIlGO
November 10, 1995
Roberto Saucedo
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
Re: Eastlake Greens R-22
Dear Roberto:
I appreciated the time you took to explain the proposed new design standard (CVDS 34) regarding
free-standing walls next to open space slopes. As I shared with you during our discussion, this new
standard would have extremely negative impacts to our development plan.
We have spent a tremendous amount of time and money to reach the point where we are being
scheduled for Planning Commission. We have re-designed the plan several times in order to
accommodate Planning Staff's concerns (ie open space, pedestrian circulation, setbacks, etc).
Throughout the processing of our project, we have reduced the number of proposed dwelling units
from 146 to 135. The specific plan allows 146, but as we dealt with various staff concerns, we
suffered the loss of II units in order to provide the amenities, and open space which were suggested.
If this new standard is applied to our project, the entire development plan and the feasibility of the
project would be in jeopardy. I estimate that another 10 to 12 units could be lost ifCVDS 34 is
applied along the perimeter of the project.
Our attempt to provide affordable housing is directly related to the density, and "economies of scale"
relating to building more homes, more efficiently. If we reduce the number of units, but the
development costs (for roads, landscaping, grading, etc.) remain the same, this translates to a higher
purchase price for the home. This rationale may have worked way back in the 80's, but not in today's
market. There is a maximum price that a home buyer will pay for any given product, and
understanding this fact determines the fine line of whether a project can be successful in the 90's.
I have higWighted specific concerns relating to our development on Eastlake Greens Unit 22, but I
really think there is a larger issue at hand. Developer's such as Eastlake spend many millions of
dollars in order to prepare graded pads for delivery to builders. The purchase price and density is
determined based upon the ne1 pad area. If there is less area to spread the development costs over,
the cost/sq.ft goes up, and so does the land cost per dwelling unit. In addition, a reduction in density
will affect the "buy-down" for the assessment districts, which will also increase the price of homes
,-JI~i1 1\1\\':\1 \:I':-,.-r1\l- 1 )I<ln
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in the development.
In addition to the concerns noted above, the proposed design standard does not allow for the various
home owner's association maintenance responsibilities. There are at least three different types of
perimeter walls just within the Eastlake master plan. Each one has a different structure for
maintenance responsibility (ie master, sub-association, and individual home owner). A simple graphic
such as the one shown on CVDS 34 is not enough to describe all of the variations in one community,
let alone the entire city.
In summary, I urge the City to consider the economic, physical, and maintenance issues relating to
the proposed standard. I suggest that a panel consisting of the City, developers, builders, and
maintenance organizations be given an opportunity to arrive at a reasonable configuration, and time
frame for implementation. Once a standard is adopted, it is very hard to change...Iet's work together
towards a compromise which satisfies as many concerns as possible.
Thank you for your cooperation, and please feel free to call me if you have a need for additional
information, or if you have any questions concerning the above.
Sincerely,
WN~1~
c: Sherm Harmer
Mike Dunham
Bill Ostrem
Lex WiIliman
jO-,;{7
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(,
COUNCIL AGENDA STATEMENT
Item / /
Meeting Date 12/5/95
Resolution 1377'/ Declaring City's intention to underground overhead
utilities along Main Street from Industrial Boulevard to Third Avenue and
setting a public hearing for the formation of Utility Underground District
Number 126 for January 9, 1996 at 6:00 p.m.
SUBMITfED BY' nu""" ofl'<>b1i, W"'W
REVIEWED BY' Ci'Y M~g:J4 2) ib;ilI ('/5'" Yo'" Y ~_No.xJ
On November 12, 1991, the City Council approved Resolution No. 16415 accepting a report on the
City's Utility Undergrounding Conversion Program and approving a revised list of utility
underground conversion projects. The subject section of Main Street was ranked as the fifth utility
conversion project in the City's adopted program. However, proposed construction work
significantly increased its priority point rating, thus moving the project up in said ranking and made
the subject street section top priority.
ITEM TITLE:
On March 13, 1995, an Underground Utility Advisory Committee (UUAC) meeting was held at the
site to determine the proposed boundary of an underground utility district for the conversion of
existing overhead utilities. The proposed boundary is shown on attached Exhibit A. The district's
limits extend along Main Street from Industrial Boulevard to Third Avenue.
RECOMMENDATION: That Council approve the resolution declaring City's intention to
underground overhead utilities along Main Street from Industrial Boulevard to Third Avenue and
setting a public hearing for the formation of Utility Underground District Number 126 for January
9, 1996 at 6:00 p.m.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Underground Utility Advisory Committee (UUAC) consisting of representatives ofSDG&E,
Pacific Bell, Cox Communications, Chula Vista Cable and the City agreed to propose to the City
Council the formation of a utility undergrounding district for the conversion of overhead utilities
along Main Street between Industrial Boulevard and Third Avenue in connection with the proposed
widening of Main Street. The proposed utility undergrounding district along Main Street is about
5,800 feet long running from Third Avenue west to Industrial Boulevard (See Exhibit A). The
estimated cost for undergrounding the utilities is $1,450,000. East and west of the proposed district,
undergrounding of overhead utilities has been completed. The Average Daily Traffic (ADT) count
1/- /
Page 2, Item /1
Meeting Date 12/5/95
on Main Street between Industrial Boulevard and Third Avenue ranges from approximately 18,220
to 22,290.
Staff recommends the formation of this conversion district along this section of Main Street because:
1. Main Street is a major east/west thoroughfare connecting 1-5 and 1-805 in the southern
portion of Chula Vista. The undergrounding of existing overhead utilities will contribute to
the creation of an aesthetically pleasing major street.
2. Main Street is classified in the General Plan's Circulation Element as a four-lane major
street.
3. Undergrounding has been completed on Main Street east of Third Avenue and west of
Industrial Boulevard, thus making the proposed district a link between two undergrounded
sections.
4. The proposed widening and construction of street improvements on Main Street between
Industrial Boulevard and Fourth Avenue significantly increased the ranking of the subject
street section in the City's adopted utility conversion program, thus making it a priority
project. The first phase ofthis project is in the City's CIP budget as project ST-961; Main
Street -Industrial to Broadway to be constructed in FY 1997-98.
Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public
hearing to determine whether the public health, safety, and general welfare requires the under-
grounding of existing overhead utilities within designated areas of the City to give persons the
opportunity to speak in favor of or against the formation of a proposed district to underground
utilities. The purpose of forming the district is to require the utility companies to underground all
overhead lines and to remove all existing wooden utility poles within the District and to require
property owners to convert their service connections to underground.
The conversion work by the property owners involves trenching, backfill and conduit installation
from property line to point of connection. Chula Vista City Council Policy No. 585-1 established
a mechanism that helps property owners with the cost of the conversion work from the distribution
lines to the structure. Said policy provides for the reimbursement of property owners at a rate of$30
per foot of trenching. Exhibit B shows a reimbursement schedule listing reimbursement amounts
for all 33 affected properties. The total reimbursement is $47,550.
Approval of this resolution will set a public hearing to be held during the City Council meeting of
January 9,1996 at 6:00 p.m., in accordance with Section 15.32.130 of the Municipal Code for the
formation of this district.
Section 15.32.140 of the City Code requires the City Clerk to notify all affected persons and each
utility company of the time and place of the public hearing at least 15 days prior to the date of the
//-e2.,
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Page 3, ItemK
Meeting Date 12/5/95
public hearing. Notice is to be given by mail to all property owners and occupants of property
located within the boundaries of the proposed district. The City Clerk is required by said section of
the Code to publish the Resolution ofIntention, setting the public hearing in the local newspaper no
less than five days prior to the date of the public hearing.
FISCAL IMPACT: The cost of pole removal, undergrounding overhead facilities and private
property conversion reimbursements as outlined above is estimated to be about $1.5 million.
SDG&E's allocation funds (Rule 20-A) will cover the estimated cost of the project.
Attachment: Exhibit A - Boundary Map
Exhibit B - Reimbursement Schedule
SMN: File No: 081 0-20-A Y094
(M:\home\engineer\agenda\uud126)
//-J );-1(
RESOLUTION NO.
18"/-Y/
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
DECLARING CITY'S INTENTION TO UNDERGROUND OVERHEAD UTILITIES
ALONG MAIN STREET FROM INDUSTRIAL BOULEVARD TO THIRD AVENUE
AND SETTING A PUBLIC HEARING FOR THE FORMATION OF UTILITY
UNDERGROUND DISTRICT NUMBER 126 FOR JANUARY 9, 1996 AT 6:00
P.M.
WHEREAS, Chapter 15.32 of the Chula Vista Municipal Code
establishes a procedure for the creation of underground utility
districts and requires as the initial step in such procedure the
holding of a public hearing to ascertain whether public necessity,
health, safety, or welfare requires the removal of poles, overhead
wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric,
communication, or similar or associated service in any such
district; and
WHEREAS, on March 13, 1995, an Underground utility Advisory
Committee (UUAC) meeting was held at the site to determine the
proposed boundary of an underground utility district along Main
Street from Industrial Boulevard to Third Avenue; and
WHEREAS, it has been recommended that such an underground
utility district, hereinafter called "District", be formed.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Chula vista as follows:
1. NOTICE IS HEREBY GIVEN that a public hearing will be held
in the Council Chambers of the city of Chula vista at 276 Fourth
Avenue in said City on Tuesday, the 9th day of January, 1996, at
the hour of 6:00 p.m., to ascertain whether the public necessity,
health, safety or welfare requires the removal of poles, overhead
wires and associated overhead structures and the underground
installation of wires and facilities for supplying electric,
communication, or similar associated service in the District
hereinabove described. At such hearing, all persons interested
shall be given an opportunity to be heard. Said hearing may be
continued from time to time as may be determined by the City
Council.
2. The City Clerk shall notify all affected property owners
as shown on the last equalized assessment roll and utilities
concerned of the time and place of such hearing by mailing a copy
of this resolution to such property owners and utilities concerned
at least fifteen (15) days prior to the date thereof.
3. The area proposed to be included in the District is as
shown on Exhibit A attached hereto and made a part hereof by
reference.
IJ'.>'
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Presented by
John P. Lippitt, Director of
Public Works
c: \RS\Undergro
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Bruce M.
Attorney
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11/21/95
EXHIBIT II B II
CHULA VISTA UTILITY UNDERGROUNDING DISTRICT NO. 126
M A INS T R E E T
BETWEEN INDUSTRIAL BLVD. AND THIRD AVENUE
(Tax APN Info - 10 I 3 I 95)
Page
=================================================================================================================================
DIST. BUSINESSINAME
PAR
NO. SITE ADDRESS
APN
UTILITIES LENGTH
TO BE OF REIMBURSEMENT
UNDERGROUND ED TRENCH AMOUNT
ADDRESSI
CITY I STATE, ZIP
OWNER'S NAMEI
CIO
=================================================================================================================================
01 VACANT BLDG.
2320 Main Street
02 VACANT BLDG.
2350 Main Street
03 VACANT LOT
2370 Main Street
04 RETAIL BLDG.
2400-02 Main Street
05 RETAIL BLDG.
2514-16 Main Street
06 GLAD BUSINESS PARK
2524-28 Main Street
07 GLAD BUSINESS PARK
2528 Main Street
08 RETAIL CENTER
2540-50 Main Street
E T
622-111-60-00
E T
622-111-61-00
622-111-62-00
E T
622-111-26-00
E T
622-111-20-00
none
622-111-59-00
none
622-111-41-00
E T
622-111-32-00
09 SUPERIOR VW ENGINES & TIRE EXCHANGE E T
2578 Main Street 622-111-34-00
10 Alfredo's Upholstory E T
2586 Main Street 622-111-13-00
11 STORAGE YARD
1660 Silvas Street 622-111-29-00
12 Angie's Place
2620 Main Street
none
E T
622-111-12-00
13 Sing-Fam Home (Special Study) E T
2465 Main Street 622-211-01-00
14 Home/Business (Special Study) E T
109 Jacqua Street 622-212-01-00
15 BUSINESS (SPECIAL STUDY) E T
2489 Main Street 622-212-02-00
16 Ricky's Truck and Equipment Sales E T
2513 Main Street 622-140-25-00
17
2545 Main Street
18 LEAF SALES INC.
2585 Main Street
E T
622-140-32-00
E T
622-140-18-00
19 WORLD NET & TWINE INC. E T
2615-25 Main Street 622-140-23-00
20 WORLD NET & TWINE INC.
2637 Main Street 622-140-24-00
21 BJ'S RENTAL STORE
2665 Main Street
67 GLAD BUSINESS PARK
2446-90 Main Street
70 BILLBOARD NO. 1312/1313
2450 Main Street
71 BILL80ARD NO. 1314/1315
2587 Main Street
E
622-140-12-00
none
622-111-25-00
E
E
(M:\UUDist\MainSt\SiteAdd(Answer).R5)
70
80
100
90
100
20
50
20
30
25
25
15
50
35
20
2,100
2,400
3,000
2,700
3,000
1,500
1,500
1,050
15
10
15
11-/
2320 Main Street Associates
P.O. Box 5057
Chula Vista, CA 91912
P.O. Box 5057
Chula Vista, CA 91912
P.O. Box 5057
Chula Vista, CA 91912
8799 Balboa Ave. #260
San Diego, CA 92123
2516 Main Street
Chula Vista, CA 91911
2490 Main Street, #G
Chula Vista, CA 91911
2490 Main Street, #C
Chula Vista, CA 91911
6614 Norman Lane
San Diego, CA 92120
2320 Main Street Associates
2320 Main Street Associates
First Interstate Bank of Calif
CIO SPECTRUM PROPERTY
MGT.
Sergio & Cecilia Morales
GBP Properties LTD
600
Earlean Carrington
CIO GBP PROPERTIES LTD
Stella Redl ich &
Norman & Faye Sheren
ROlTlJlel Jabro
900
4127 Monroe Ave.
San Diego, CA 92116
299 Hilltop Or.
Chula Vista, CA 91910
299 Hilltop Dr.
Chula Vista, CA 91910
177 Shasta St.
Chula Vista, CA 91910
Basilio Jr. & Maria D. Olivias 11119 N. Torrey Pines Rd.
c/o American Residential La Jolla, CA 92037
Jerry & Joyce Leaf
Jerry & Joyce Leaf
600
Louis A. Fernandez
750
Francisco & Sofia Pintado 109 Jacqua Street
Chula Vista, CA 91911
Libbie A. Freeby 2489 Main Street
Chula Vista, CA 91911
Slay Family Trust 977 Oak Lane
Escondida, CA 92029
750
450
Alvin & Jean May
4295 Acacia Avenue
Bonita, CA 91902
299 Hilltop Drive
Chula Vista, CA 91910
1453 W. 123Rd Street
Los Angeles, CA 90047
1453 W. 123Rd Street
Los Angeles, CA 90047
7585 Mission Gorge Rd.
San Diego, CA 92120
Jerry & Joyce Leaf
600
Tsuyuko Ichiyasu
Tsuyuko Ichiyasu
450
Thomas Family Trust
Eugene C & Ana E Glad
& William F Glad
3682 DORY DR.
BONITA, CA 91902
1550 W. Washington Blvd.
Los Angeles, CA 90007
1550 W. Washington Blvd.
Los Angeles, CA 90007
300
Patrick Medina Group
450
Patrick Medina Group
j,;;,1
11121/95
EXHIBIT II B II
CHULA VISTA UTILITY UNDERGROUNDING DISTRICT NO. 126
M A INS T R E E T
BETWEEN INDUSTRIAL BLVD. AND THIRD AVENUE
(Tax APN Info - 10 / 3 / 95)
Page 2
=================================================================================================================================
DIST. BUSINESS/NAME UTILITIES LENGTH
PAR TO BE OF REIMBURSEMENT OWNER'S NAME/ ADDRESS/
NO. SITE ADDRESS APN UNDERGROUND EO TRENCH AMOUNT C/O CITY, STATE, ZIP
=================================================================================================================================
22 TWIN PALMS TRAILER PARK none
1689 Broadway 622-112-13-00
23 VALUE VILLAGE/THRIFT STORE E T
2756 Main Street 622-112-12-00
Sohrab Sepehri & Fariba Abode
c/o SAM SEPEHRI
100
3,000
Donald E. Seaman
24 CHULA VISTA SELF STORAGE none
2776 Main Street 622-112-11-00
25 GRANADA MOBILE ESTATES
501 Anita Street 622-112-08-00
Parma Family Trust
Robert Phipps
26 MAACO AUTO PAINTING E T
2820-22 Main Street 622-112-18-00
27 PURPLE HEART THRIFT STORE E T
2830 Main Street 622.112-17-00
28 MARKET FIXTURES
2850 Main Street
29 G.I. JOE'S SURPLUS
2864 Main Street
30
2906 Main Street
31 E&M AUTO BROKER
2920 Main Street
32
2930 Main Street
33
2934 Main Street
34
2938 Main Street
35
2944-48 Main Street
65
1,950
RSR Partnership
C/O KRAMER & ZUCKER CPA
85
2,550
Manuel P Jr. & Mary Machado
none
Charles & Eunice Fitzpatrick
622-112-19-00
E T
25
Robert & Ernestine Cooke
750
622-112-20-00
none
Joan M. McClelland
623-172-18-00
none
Bard Family Trust
623-172-17-00
none
Bard Family Trust
623-172-22-00
none
Otay Land Enterprise
623-172-21-00
none
Otay Land Enterprise
623-172-15-00
none
Otay Land Enterprise
C/O NORMAN R. BARD
623-172-14-00
36 OWNER'S MOBILEHOME SALES none
2952 Main Street 623-172-13-00
37 4 Duplexes
2970 Main Street
38
2974-80 Main Street
39 Parking Lot
3040 Main Street
40 Parking Lot
3040 Main Street
41
3044-50 Main Street
42 ARCES AUTO BODY
3064 Main Street
43
3080-82 Main Street
Otay Land Enterprise
none
Otay Land Enterprise
623-172-23-00
none
Otay Land Enterprise
623-172-24-00
none
Thomas Groeschel
623-182-16-00
none
Thomas Groeschel
623-182-14-00
none
Delbert Wayson
623-182-13-00
none
Alejandro & Maria L. Cazares
623-182-21-00
E T
50
Raymond Johnston
1,500
623-182-22-00
Raymond Johnston
44 SOUTH BAY FENCE CO. none
3084 Main Street 623-182-19-01
Raymond Johnston
45 none
1664-66 Zenith Street 623-182-18-02
(M:\UUDist\MainSt\SiteAdd(Answer).R5)
1;,/11
23 Spinnaker Way
CORONADO, CA 92118
P.O. Box 85749
SAN DIEGO, CA 92186
P.O. Box 80758
SAN DIEGO, CA 92138
4255 Country club Dr. N.
LONG BEACH, CA 90807
591 Camino De La Reina, #10
SAN DIEGO, CA 92108
4819 Birchbark Lane
Bonita, CA 91902
4511 S. PALA MESA OR.
WHITTIER, CA 90601
P.O. BOX 9
BONITA, CA 91908
2906 MAIN STREET
CHULA VISTA, CA 91911
4901 TOYOFF WAY
SAN DIEGO, C 92115
4901 TOYOFF WAY
SAN DIEGO, CA 92115
3864 40TH STREET
SAN DIEGO, CA 92105
3864 40TH STREET
SAN DIEGO, CA 92105
3864 40TH STREET
SAN DIEGO, CA 92105
3864 40TH STREET
SAN DIEGO, CA 92105
3864 40TH STREET
SAN DIEGO, CA 92105
3864 40TH STREET
SAN DIEGO, CA 92105
1555 CLOVE STREET
SAN DIEGO, CA 92106
1555 CLOVE STREET
SAN DIEGO, CA 92106
P.O. BOX 12001
CHULA VISTA, CA 91912
48 HILLTOP DRIVE
CHULA VISTA, CA 91910
799 CHOLLA ROAD
CHULA VISTA, CA 91910
799 CHOLLA ROAD
CHULA VISTA, CA 91910
799 CHOLLA ROAD
CHULA VISTA, CA 91910
11/21/95
EXHIBIT II B II
CHULA VISTA UTILITY UNDERGROUNDING DISTRICT NO. 126
M A INS T R E E T
BETWEEN INDUSTRIAL BLVC. AND THIRD AVENUE
(Tax APN Info - 10 I 3 I 95)
DIST. BUS I NESSINAME
PAR
NO. SITE ADDRESS
=================================================================================================================================
Page 3
APN
UTILITIES LENGTH
TO BE OF REIMBURSEMENT
UNDERGROUND ED TRENCH AMOUNT
OWNER'S NAMEI
C/O
46
=================================================================================================================================
ADDRESSI
CITY, STATE, ZIP
3126 Main Street
47 LA NENA RESTAURANT
3120-24 Main Street
48 INDUSTRIAL BLDG.
3130-32 Main Street
49 Apartment BLdg.
3136 Main Street
50 ABC REBUILDERS
3148 Main Street
51
3150M58 Main Street
52 MAC'S AUTO
3164-66 Main Street
623-192-17-01
623-192-14-00
623-192-13-00
623-192-12-00
623-192-11-00
623-192-18-00
623-192-08-00
none
none
none
E T
20
E
10
none
none
53 Vacant Lot Previous Service Stat e t
2765 Main Street 629-010-10-00
54 LYON ELECTRIC CO., INC. none
2765 Main Street 629-010-11-00
55 EX-TREME U.S.A.
2801 Main Street
56 WEBER'S BAKING CO.
2817 Main Street
57 J.C. AUTO ELECTRIC
2827 Main Street
629-020-01-00
629-020-02-00
629-020-03-00
none
E T
70
2,100
E T
45
1,350
58 Apartments -6 addresses E T
2835-43 Main Street 629-020-04-00
59 Apartments
2847 Main Street
629-020-05-00
100
3,000
E T
75
2,250
60 LLOYDS PEST CONTROL none
2865 Main Street 629-020-12-00
61 Strawberry Fields & Stand
2999 Main Street 629-030-04-00
62
SECURITY 1ST SELF STORAGE
3089 Main Street 629-050~08-00
63
INDUSTRIAL CENTER
3121-29 Main Street
629-060-42-00
64 SMART & FINAL WHOLESALE WAREHOUSE
3141 Main Street 629-060-75-00
65 LANCE RECYCLING
3159 Main Street
629-060-72-00
T
E T
50
1,500
E T
25
none
E t
95
2,850
66 Fraternal Order of Eagles E T
3149 Main Street 629-060-58-00
o
Esther Pino
Esther Pino
Richter Family Trust
600
Richter Family Trust
P.O. BOX 2542
NATIONAL CITY, CA 91951
P.O. 80X 2542
NATIONAL CITY, CA 91951
3136 MAIN STREET
CHULA VISTA, CA 91911
3136 MAIN STREET
CHULA VISTA, CA 91911
3150 MAIN STREET
CHULA VISTA, CA 91911
3150 MAIN STREET
CHULA VISTA, CA 91911
3164 MAIN STREET
CHULA VISTA, CA 91911
P.O. BOX 2485
LOS ANGELES, CA 90051
P.O. BOX 2485
LOS ANGELES, CA 90051
93 BISHOP STREET
CHULA VISTA, CA 91911
P.O. BOX 446
NATIONAL CITY, CA 91951
48 HILLTOP DRIVE
CHULA VISTA, CA 91910
48 HILLTOP DRIVE
CHULA VISTA, CA 91910
4135 DILLON WAY
SAN DIEGO, CA 92117
426 SILVERGATE AVENUE
SAN DIEGO, CA 92106
POBox 488
ChuLa Vista, CA 91912
1762 ALLEN AVE.
GLENDALE, CA 91201
471 JACARANDA DRIVE
CHULA VISTA, CA 91910
524 CHAPA LA ST.
SANTA BARBARA, CA 93101
375 SURREY DRIVE
BONITA, CA 91902
3149 MAIN STREET
CHULA VISTA, CA 91911
==============================================================================================================================
300
Eulogio & Maria Arizala
Maria Arizala
Gertrude Thomson
Thri fty Oi l Co.
C/O ARCO PS&T TAX DEPT.
Leon W. Parma
Pedro & Aixa Espinoza
Alton Beauchamp
Alejandro & Maria L. Cazares
Alejandro & Maria L. Cazares
Eldon L. & Lois A. Thompson
James & Susan Ogle
Nelson Holding Co.
750
Chaban Bullard Inc.
Rosa Frommer& Delia
Talamantez
Lassman Family Trust
Casino Realty Inc.
Harold Dodds
o
C. V. Aerie No. 3142,
Fraternal Order of Eagles
33 PARCELS TO BE REIMBURSED A TOTAL OF $ 47,550 FOR 1585 FEET OF TRENCHING.
(M:\UUDist\MainSt\SiteAdd(Answer).R5)
1/'1/
112
ATTACHMENT "A-
Utililty Undergrounding Advissorary Committee (UUAC)
Utility Ftepresentatives
Mailing List
Fthoda Dowding
Pacific Bell
3750 Home Avenue
Ftoom 105
San Diego, CA 92115
Mike Sweatman
Chula Vista Cable
581 "C" Street
Chula Vista, Ca 91910
Jany Staley
San Diego Gas & Electric Co.
701-"A" 33rd Street
San Diego, Ca 92102-3341
Patricia Barnes
San Diego Gas & Electric Co.
436 "H" Street
Chula Vista, Ca 91910
Sue Button
San Diego Gas & Electric Co.
701-"A" 33rd Street
San Diego, CA 92102-3341
Bill LeVeau
Cox Communications
5159 Federal Blvd
San Diego, CA 92105-5486
Christine Andrew
Cox Communications
5159 Federal Blvd.
San Diego, Ca 92105-5486
jl'/e:l
,:1
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item /.)...
Meeting Date 12/5/95
Resolution /8/ t/ e:J... Approving the filing of three applications for
Transportation Enhancement Activities Program Funds under the Intermodal
Surface Transportation Efficiency Act of 1991 and designating the City Engineer
as the authorized representative for this program
SUBMITTED BY:
(4/5ths Vote: Yes_NoX)
REVIEWED BY: City Manage~
The Transportation Enhancement Activities (TEA) Program was enacted as part of the Intermodal
Surface Transportation Efficiency Act (lSTEA) of 1991. California is scheduled to receive more than
$200 million over a six-year period (three cycles) under this program. Projects must be clearly associated
with the transportation system and should also provide maximum enhancement to the environment and
the affected communities. This resolution will approve the filing of three applications for third cycle
funding. The applications are for: 1) East H Street BicyclelPedestrian Transportation Facility, 2)
PedestrianlBikeway Bridge over Sweetwater River, immediately downstream of Central A venue, and 3)
Landscaping the MTDB right-of-way within Chula Vista.
RECOMMENDATION: That Council approve the resolution approving the filing of three applications
for Transportation Enhancement Activities Program Funds under the Intermodal Surface Transportation
Efficiency Act (lSTEA) of 1991 and designating the City Engineer as the authorized representative for
this program.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In late 1991, Congress drafted and the President signed into law, the Intermodal Surface Transportation
Efficiency Act (lSTEA). A component ofISTEA is the Transportation Enhancement Activities Program,
a 10% set-aside from the Surface Transportation Program funding category. Transportation enhancement
activities are a means of more creatively and sensitively integrating transportation facilities into the
surrounding communities.
Over the six-year life of the Act, approximately $200 million in Transportation Enhancement Activities
funds (TEA) are apportioned to California. For each two-year period, funding is considered to be one
program cycle. Completed application packages must be submitted to SANDAG by December 11, 1995.
SANDAG's role in the process will be to evaluate and rank each application in accordance with the
screening and ranking criteria set forth in the TEA guidelines. The schedule calls for SANDAG to
complete its evaluation process and submit a regional priority list approved by the SANDAG Board of
/..l- /
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Page 2, Item I;;""
Meeting Date 12/5/95
Directors to the California Transportation Commission (CTC) in March 1996. The CTC will review and
approve funding for the third cycle projects at its June and July 1996 meetings. After completing the
CalTrans field review process, agencies could expect to be in a position to receive funds in FY 1998.
Cycle 3 projects will be programmed for funding in FY 1998. Information provided by CalTrans has
indicated a Cycle 3 fund target for the San Diego region of$5.5 million.
TEA monies for bicycle and pedestrian projects must be matched at approximately 80 Federal dollars to
20 non-Federal dollars. These are reimbursable Federal aid monies subject to all the requirements of
Title 23 United States Code and related Federal and State laws. CalTrans has established the procedures
and criteria for reviewing proposals. The procedures and criteria established by CalTrans require
application approval by the applicant's governing body. The applications contain assurances that we
must comply with, and if selected, we will need to enter into an agreement with the State of California
to carry out the Transportation Enhancement Activities Projects.
Transportation Enhancement Activities must meet three basic criteria, based on instruction from the
Federal Highway Administration:
A) Enhancement activities are over and above normal transportation programs. Typically, a normal
transportation project includes mitigation, standard landscaping, other permit requirements and
provisions negotiated as a condition of obtaining a permit or transportation project for a normal
(non-enhancement) transportation project.
B) Projects must have a direct relationship to the intermodal transportation system, which consists
of all forms of transportation in a unified, interconnected manner. This relationship may be one
of function, proximity, or impact. For example, a bikeway is a functional component of the
intermodal transportation system.
C) Projects must be selected from one or more of the 10 eligible activity categories in order to be
considered as transportation enhancement activities. They are:
I) Provision of facilities for pedestrians and bicycles.
2) Acquisition of scenic easements and scenic or historic sites.
3) Scenic or historic highway programs.
4) Landscaping or other scenic beautification.
5) Historic preservation.
6) Rehabilitation and operation of historic transportation buildings, structures or facilities
(including historic railroad facilities and canals).
7) Preservation of abandoned railway corridors (including the conversion and use thereof for
pedestrian or bicycle trails).
8) Control and removal of outdoor advertising.
9) Archaeological planning and research.
10) Mitigation of water pollution due to highway runoff.
/c:l -,1.
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Page 3, Item I ~
Meeting Date 12/5/95
While all projects must meet the Americans with Disabilities Act (ADA) mandate of accessibility,
projects to retrofit existing facilities solely for conformance to accessibility standards in the California
building Code, are not eligible under the TEA guidelines.
The guidelines also state that construction of neighborhood sidewalks is regarded as normal work, and
that eligible sidewalk projects must accommodate pedestrians beyond or in addition to what is necessary
for safe accommodation. Activities are not eligible where they are conducted as an incidental and routine
part of new transportation projects in order to accommodate routine use by pedestrians and bicyclists.
Paved shoulders, wide curb lanes, sidewalks, and curb cuts are not eligible if incidental and routine to
road construction or reconstruction; however, Class II bicycle lanes are eligible.
This resolution will approve the filing of three applications for the following projects:
1) East H Street BicyclelPedestrian Transportation Facility. This project involves the widening of
East H Street between a point approximately 650 ft. west of Buena Vista Way and a point
approximately 400 ft. east of Otay Lakes Road. The widening will provide for bicycle lanes in
both directions and sidewalk installation along the south side of said street section. This project
will complete a missing link in the City's Bikeway Network along a major east/west corridor.
This is the only segment along East H Street, east ofl-805 without bicycle lanes. The total cost
of the project is estimated to be $1,350,000. Staff will be filing an application for FY 1996-97
Transportation Development Act funds in order to obtain the match of $270,000. This is not a
commitment to build. IfTDA funds are not available for matching, the City will have the option
of dropping the project or coming up with other City funding. The TEA reimbursement request
is $1,080,000. Currently phase one of a proposed two phase project is programmed as a future
project in the CIP budget for 96/97. If this project is approved to receive the requested funding
levels from the TDA and TEA programs, then Engineering will propose as part of the 1996/97
CIP process, to implement this project as one phase instead of two phases as shown in the current
five year CIP.
2) PedestrianlBicvcle Bridl!e over Sweetwater River. immediately downstream of Central Avenue.
This project involves the construction of a pedestrianlbikeway bridge adjacent to Central Avenue,
between Sweetwater Road and Bonita Road, through the Chula Vista Golf Course and over the
Sweetwater River. This project will provide connections to pedestrian/jogging trails and
bikeways in the Bonita area in wet weather, when the Central A venue Crossing is inundated, as
well as in dry weather. The total cost of the project is estimated to be $490,000. The TEA
reimbursement request is $392,000.
It is proposed that this project be a cooperative project between the County of San Diego and the
City of Chula Vista. The bridge would be designed and constructed by the County of San Diego
as part of their larger project involving the installation of culvert improvements, a right turn lane
on Central Avenue, and traffic signal improvements at the intersection of Central and Sweetwater
Road. County staff indicated that in exchange for the right of way needed for the project from
/..7.'$
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Page 4, Item /)..
Meeting Date 12/5/95
the City, they would build the pedestrian bridge for the City's trail. County Staff also indicated
willingness to build a wider bridge (up to 20 or 22 feet wide), or a separate bridge, to
accommodate golf cart traffic if the added cost was covered by another party. Without taking into
account cost savings resulting from golf cart path restoration costs which would not have to be
done as part of the culvert, the City estimates the cost of the golf cart bridge at $150,000. If this
is approved and timing fits into the County's construction schedule, this would be supplemental
funding for their project. The County's current project would provide the 20% matching funds.
Access across the Sweetwater River at this location has historically been interrupted for
substantial periods as a result of storm flows or releases from the Sweetwater Dam. Because of
the impact of that interruption on the Golf Course operation, our impression is that American
Golf might be interested in participating in the project. On November 7, 1995, we forwarded a
letter to American Golf soliciting their participation in the project.
This application will be withdrawn if the County proceeds with construction ofthis project in
1996, since any TEA funding will not be realized until FY 1998.
3) MTDB Ril;1ht ofWav Beautification Proiect. This project will beautify phase one ofa portion
of the 4 mile length of the MTDB right of way through Chula Vista, between the Otay and
Sweetwater Rivers. The project includes landscaping, irrigation and hardscape at all street
crossings. The total cost of phase one is estimated to be $400,000. The TEA reimbursement
request is $320,000. Staff will propose, as part of the 1996/97 CIP process, that Billboard
Revenue Fund be used to fund the remaining $80,000.
FISCAL IMPACT:
Potential total revenues to the City of $1,792,000 in TEA funds and $270,000 in TDA funds for all three
projects. The actual amount is dependent upon the cost of all projects which are approved for funding
by the California Transportation Commission. If the requested funding levels are approved then there
will be no need to provide funding from a third funding source. However, if the requested funding levels
are not approved, the City will have the option of dropping the projects or locating another funding
source to complete them.
SMN
Files: 0740-75-KY026
0690-20-KY036
(m:\homelengineerlagendaltea-app.smn)
/ ,,( .. 7'
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RESOLUTION NO.
/81/f,2.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FILING OF THREE
APPLICATIONS FOR TRANSPORTATION ENHANCEMENT
ACTIVITIES PROGRAM FUNDS UNDER THE INTERMODAL
SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA)
OF 1991 AND DESIGNATING THE CITY ENGINEER AS
THE AUTHORIZED REPRESENTATIVE FOR THIS PROGRAM
WHEREAS, the Transportation Enhancement Activities
Program was enacted as part of the Internodal Surface
Transportation Efficiency Act (ISTEA) of 1991; and
WHEREAS, California is scheduled to receive more than
$200 million over a six-year period (three cycles) under this
program; and
WHEREAS, projects must be clearly associated with the
transportation system and should also provide maximum enhancement
to the environment and the affected communities; and
WHEREAS, this resolution approves the filing of three
applications for third cycle funding: (1) East H Street
Bicycle/Pedestrian Transportation Facility, (2) Pedestrian/Bikeway
Bridge over Sweetwater River, immediately downstream of Central
Avenue, and (3) Landscaping within MTDB right-of-way in Chula vista
("Projects").
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve the filing of three
applications for the Projects to receive Transportation Enhancement
Activities Program Funds under the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991 and designating the
city Engineer as the authorized representative for this program.
BE IT FURTHER RESOLVED that adoption of this resolution
is not a commitment to build the Projects. The City reserves its
right to withdraw said applications and not build the Projects
should funding not be received by the City.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
(~ ~-k-
Bruce M. Boogaard, city
Attorney
C:\rs\ISTEA
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ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Herofl
Meeting Date 12/5/95
Resolution / r/ Y.J' Approving Final Map and Subdivision
Improvement Agreement for Chula Vista Tract 90-2, Rancho del Rey, SPA
III, Phase 2, Unit I
Resolution /011/'1 Approving Final Map and Subdivision
Improvement Agreement for Chula Vista Tract 90-2, Rancho del Rey, SPA
III, Phase 3, Unit I /
Director of Public Work~ f
City Manager &,bC;;IP (4/5ths Vote: Yes_NoX)
f,l)
On July 30,1991, by Resolution 16222, City Council approved the Tentative Subdivision Map for
Chula Vista Tract 90-2 - Rancho del Rey SPA III. On that tentative map, phase and unit boundaries
were delineated. The fmal maps for Phase 2, Unit I and Phase 3, Unit I are now before Council for
approval.
RECOMMENDATION: That Council approve the resolutions approving the final maps and
subdivision improvement agreements for Chula Vista Tract 90-2, Rancho del Rey SPA III, Phase
2, Unit 1 and Phase 3, Unit I.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The final maps ofChula Vista Tract 90-2, Rancho del Rey SPA III, Phase 2, Unit I and Phase 3,
Unit I consist of a total of 277 single family residential lots and a total of 6 lots for open space,
public utilities, and other public uses. Plats of the individual subdivisions are attached (Exhibits A
and B).
The fmal maps for said subdivisions have been reviewed by the Public Works Department and found
to be in substantial conformance with the approved Tentative Map. Approval of these maps
constitutes acceptance by the City of all drainage, sewer, tree planting, and access easements within
the subdivision. Approval of the maps also constitutes acceptance on behalf of the public of all the
streets dedicated on the subdivision maps and acceptance of all the lots granted on said maps for
park, recreational, open space, public utilities, and other public uses. Streets, easements, and open
space lots associated with individual units are listed on the attached Exhibit C.
The developer has entered into a Supplemental Subdivision Improvement Agreement (SSIA) to
satisfy conditions of approval Numbers 8,13,32,33,41,45,47,48,53.5,56,58,62,63,64,65,66,
/3-/
Page 2, Item I:J
Meeting Date 12/5/95
67, and 77 which was approved by Resolution No. 17963 on July 30, 1995. These conditions are
applicable to all Rancho del Rey SPA III final maps.
The developer has also executed a Subdivision Improvement Agreement for each map and provided
bonds to guarantee construction of the required public improvements, has paid all applicable fees
and has provided bonds to guarantee the monumentation for said subdivisions. The agreements are
now before Council for approval.
Plats are available for Council viewing.
FISCAL IMP ACT: None. All Staff costs associated with processing of improvement plans and
final map will be reimbursed from developer deposits.
SE/EAF:sb
m:\home\engineer\agenda\fmrdr2.se
File: RRJ02 & RRJ06
Attachments:
Exhibit A & B - Plats
Exhibit C - List of streets, easements and open space lots for each map
Exhibit D - Disclosure Statement
1;1-.-4
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CHULA VISTA TRACT NO. 90-02
RANCHO DEL REY SPA III, PHASE 2, UNIT 1
EXHIBIT .1)_
0HlJL.A Vl8TA TRACT NO. 10-02
- .. MY." .. ....... I'INAL MAP
MAP NO. 18178
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PREPARED BY:
CRAIG, BULTHUIS & STELMAR
Chll ""'.~.. ' .... IInwJIoc . .... -...
2611 ADAWS AVE SAN DIEGO CA 82116
PHONE: (618) 287-3874
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GRAPffiC SCALE: 1 Inch K 400 ft.
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EXHIBIT
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The following is a list of all residential lots and lettered lots for the maps listed on the item title of
this report.
Map Residential Lots Lettered Lots
Phase 2 Unit I 135 2
Phase 3 Unit I 142 4
TOTALS 277 6
Approval of the Final Map for Phase 2 Unit I constitutes acceptance on behalf of the public of
Cordova Drive, Dorado Way, Camino Miel, Via Sinuoso, Plaza Sinuoso and the acceptance of Lots
A and B in fee for open space and other public purposes; and acceptance on behalf of the City of
Chula Vista of the easements with the right of ingress and egress for the construction and
maintenance of drainage facilities and tree planting and maintenance along dedicated streets within
this subdivision, all as shown on the subject map.
Approval of the Final Map for Phase 3 Unit I constitutes acceptance on behalf of the public of Via
Escalante, Plaza Ultima, Plaza Gardenia, East Vaquero Court, Corte De Cera, Plaza Elena, Plaza
Vista Mar, Plaza Escalante and portions of Calle Santiago, Calle Candelero, Eat J Street and the
acceptance of Lots A and B in fee for open space and other public purposes and the acceptance of
Lots C and D in fee for park, recreational, open space, public utilities and other public purposes; and
acceptance on behalf of the City of Chula Vista of the easements with the right of ingress and egress
for the construction and maintenance of drainage and sewer facilities and tree planting and
maintenance along dedicated streets within this subdivision, all as shown on the subject map.
/:J~f
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~~f~~fl~~b 16:23 6196915171 CITY OF CHULA VISTA PAGE B4
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~ ..' ~~__ C17Y OF CHULA. nSTA PARTY DISCLOSURE STATEMENT
.. '. :..!t:e-;:..j~:.~ . . .
Sllllement of ~ltis~e of ~n.ln ownership intelCll5, payments. or campalan contributions, an aU mailers
wh1ch will requit~.di$creubn8ry actlan on the pan of the City Councll, Planning Commt~lon, and all other
of Ii cia I bodf~TUJQlIowina information must be disclosed: .,
. r:","'. ..-1"
.. .,~ ...........
I. Ust . tl\t:iiimis ,pf all persons havina a financial Interest In the CODtract, i.e., contractor,
subecntrJCtor, material supplier"
RANcBii~DEIr.REY INVESTORS, L. P.
A CM:;iPaRNIA r.IMITED PARTNERSHIP
........
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J.. ": .
1. If 811YjirS!?J.I:itIen1lcted pursuant to (1) above Is a COlpOratlon or partnership, Jilt the namlll of an
in~~:.WtiD8 more than 10% of the shares In the COlpOratfon or ownina any partnership
interes(in:rtii!' pB~nership.
"PR~~ fl9R L. rile..
McMIWN-IUlR,- INC.
. i'~. "oO:
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3. If any person. ideritified pursuant to (1) above is non-prClfit orpnlzation or a trust, list the J18mc1
of any person servina as director of the nun-profit organlzatinn or as trustee or beneficial)' or
trllst~'irQf..U~~. t.~ust.._
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4. Have.yo\l had .more than $250 wonh of business U'lIlWlcted with IIny member of the Oty Staft',
BOllrcfl;~~ommjssions, Cnmmillel:$ IInd Council within the pait twelve months? Yes_
No ~'. .If yes; plea.'le indicate person(s):
S. Plca'~'II.tity'each and eveI)' person, including any agents, employees, consultants or independent
contractors, who you have assigned to represent you before the City in this matter.
~r;.; <1. 'I' Fllk'tlvam;t rAnn~rh R;:r,nnvT;n.+np....
Thom.:.Ji"'1J.eE .',
----Yi Tal i' 'F.. E.lliott
6. Have: .io1.l' and/nr your offic:cri of agents, in tbe aggregate. contributed more 1han 51,000 to a
Councilmember in tbe current or precedina election pc:rllxl1 Yes _ No ~ If yes, state which
Counc:ilmember(s):
.
ll:mm Is eleliDCd II: "AIf;I' btdMdui1/,f""" to-pMIMrSllip,jfliN 1'IIIIU/I',lUMdndtln, __, dull./MlmtitI tItfIt/I/llIIit ~/oII.
. 'Slnl" mur, ISIliIW, ",lfIir:nl', Ihb tIIId nil)' 011," _no; r/ty",1II AlWI/I)\ dt}.lIIIIIIk/ptJIio; tIbImr ",,,,,,.,. fIIII/llrM IIIbdiIVIcrrI.
", ""'. DlI," tlI'fJUp", amtbfnnllon ttaitIsr lIS IJ unil."
(N01E: Attacb Idellllollll pi" lt$ 1ImlII81)')
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Signature of tontrac:tor/applicunt
..
Date: November 2. 1995
.. <"
I^'UMDISCLOSI!.1'X11
)J~?
.
Them Fuller, Vice President
Print or type name ot' contractor/llppllc:ant
. I""""'" IIt.1l1/9llJ
i~f~~fl~~5 1~:23
6196915171
CITY OF CHULA VISTA
PAGE 64
. ;'~. -..:
'-.: .
3. If any person,'iden-tlfied pursuant to (1) above II non-profit orPnizatlon or. trust, lilt the names
of any person serving as director of the Dem'profit organizatinn or as trustee or beneficial)' or
tr~lstl?'iJ:~h~. t,~U5t.,_
N/r...."j--. ...:" , .
" '
. :ri'f7 ;Or,,':."
'lliii:.- ,
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4. Have;'u had' ,~ore than $250 WOMh of buslne" transncted with IIny member of the City staff,
BOllrdl;~-<;ommjssions. Committees IInd Council within the past twelve months? Yes_
No ~.:'{,If yes; please indicate person(s):
5. Plca~'lI!.titye..eh and every person, including any agents, employees, consultants or independent
eontractors who you hove ohigned to represent you before the City in this matter.
. .
~r::l;q' 'I' F'll)nlV::Im;:r, Y''f'',"no+h R::Il1~::Irt-npT"
Thnni.' ~iJ.eE.. ,'.
Vi Tal f 'R. E-l1 iott
6. Have .ivll' and/or your officerS of llsents, in the _.epte, contributed more than 5J,OOO to _
Councilmember in the current or preccdina election periud1 Ycs_ No.!.... If yes, state which
Councllmembcr(s): .
.
~ Is defillCd II: "Any iIuIto'idutrl,fiml. "'"fIt'"MnlIip,jI1iIIIl'III1IfII', tUIDdnIitIII, 6OdtI'dull,/Ifm:mtII..".,1iDfI, t:t1#pfXlII/DJI.
. 'Slntl, mm. rmrjt""'"IIcfir;tt,r, 'lib IIIItIIlIIy ""It!' _nl)~ C'II)' _ AlWI~ dI}; nlUlfk/ptI'il)~ tlbtrit:t " 1lIII" /IIJIilkil'.bdilfslOll.
tw /III)' DIll" "DIIP t1r _mhul,/"" tlf:tm, tQ II unl,..
(NOTE: Anacb IcldltlOlllI pi" /IS n_ly)
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Sianature of c:ontl'l1ctor/applicant
..
Date: November 2. 1995
.. ~"
I^oUM:DllICl..OSE.TXTJ
J']-?
.
Thlllll Fuller. Vice President
PrInt or type name nf cuntractorlappllcant
. 1M......." 111JlI/901
RESOLUTION NO.
/ $'/'-/3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 90-02 RANCHO DEL REY SPA III, PHASE 2,
UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS DEDICATED ON SAID MAP,
ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA
THE OPEN SPACE LOTS GRANTED ON SAID MAP,
ACCEPTING THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula Vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 90-02, RANCHO DEL REY SPA III, PHASE 2,
UNIT 2, and more particularly described as follows:
Being a subdivision of Lots 2 and 3, Chula vista Tract
No. 90-02, Rancho Del Rey SPA III, Master Final Map, in
the city of Chula Vista, County of San Diego, State of
California, according to the Map thereof No. 13176, filed
December 14, 1994, 1994, in the office of the County
Recorder of San Diego County, State of California,
together with a portion of Dorado Way and East "J" Street
as dedicated for public use.
Area: 36.045 acres
Numbered Lots: 135
No. of Lots: 137
Lettered Lots: 2
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Cordova Drive,
Dorado Way, Camino Miel, Via Sinuoso and Granada Way, and said
streets are hereby declared to be public streets and dedicated to
the public use.
BE IT FURTHER RESOLVED that Lots A and B are hereby
accepted for Open Space and other public uses.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the city of Chula Vista the easements with the right
of ingress and egress for drainage facilities, street tree planting
and maintenance, general utility easement within Open Space Lots A
and B, all as granted and shown on said map within said
1
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subdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the City of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said public streets are
accepted on behalf of the public as heretofore stated and that said
lot are dedicated for Open Space and other public uses and are
accepted on behalf of the City of Chula vista and that those
certain easements with the right of ingress and egress for the
construction and maintenance of drainage facilities, street tree
planting, as granted thereon and shown on said map wi thin said
subdivision is accepted on behalf of the City of Chula vista as
hereinabove stated.
BE IT FURTHER RESOLVED that the city Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1995, for
the completion of improvements in said sUbdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
~~.~
Bruce M. Boogaard, cit
Attorney
John P. Lippitt, Director of
Public Works
C:\rs\RORIII2.1
2
):J;?i'-<-
/.... 1
I ;' I
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
~
~IS AGREEMENT, made and entered into this ~1- day of
, 199t>, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and RDR
Investors, L.P., a California limited partnership, 2727 Hoover
Avenue, National city, Ca. 91950, hereinafter called "Subdivider".
NI:rliE~~E:rI:!1.
WHEREAS, Subdivider is about to present to the city Council of
the city of Chula vista for approval and recordation, a final
subdivision map of a proposed subdivision, to be known as Rancho
Del Rey SPA III, Phase 2, Unit 1, pursuant to the provisions of the
Subdivision Map Act of the State of California, and in compliance
with the provisions of Title 18 of the Chula vista Municipal Code
relating to the filing, approval and recordation of subdivision
map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the City of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an al ternati ve thereto,
Subdivider shall enter into an agreement with City, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula Vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said Council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the Council, to enter into
this agreement wherein it is provided that Subdivider will install
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and complete, at Subdivider's own expense, all the public
improvement work required by City in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16222, approved on the 30th day of
July, 1991 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for construction,
installation and completion of said public improvement work have
been prepared and submitted .to the City Engineer, as shown on
Drawings Nos. 94-358 through 94-374 inclusive, on file in the
office of the City Engineer; and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of One Million,
Three Hundred Seventy Eight Thousand Dollars ($1,378,000).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and perform or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the city Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all'Improvement
Work required under the provisions of this contract to be done on
or before the third anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuance of any
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certificate of clearance for utility connections for said buildings
or structures in said sUbdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the city of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
City of Chula vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of six Hundred Eighty-Nine Thousand Dollars ($689,000), which
security shall guarantee the faithful performance of this contract
by Subdivider and is attached hereto, marked Exhibit "A" and made
a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula V.i.sta simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of six Hundred Eighty-Nine Thousand Dollars ($689,000) to secure
the payment of material and labor in connection with the
installation of said public improvements, which security is
attached hereto, marked Exhibit "B" and made a part hereof and the
bond amounts as contained in Exhibit "B", and made a part hereof.
8. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Nineteen Thousand One Hundred Eighty Dollars ($19,180) to secure
the installation of monuments, which security is attached hereto,
marked Exhibit "c" and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of the
improvement security. Subdivider agrees to pay to the Ci~i any
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difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the City of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City and
approved by the City Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money fiufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year fLom date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by City, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of Subdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement security shall not be
required to cover the provisions of this paragraph. Such
indemnification and agreement to hold harmless shall extend to
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damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the City or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a subdivision, which action is brought within the time period
provided for in section 66499.37 of the Government Code of the
State of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
THE CITY OF CHULA VISTA
SUBDIVIDER: RPncho ])e / Rei J:i-, v~of&Jr6, I..~
By: tf~ Jli2 ProJec:t Servlce.$,Ine.
;,p~ f~
/'
(~~ 5~~
Mayor of the city of Chula
vista
ATTEST
City Clerk
Approved as to form by
Ovv- ~C>_ ~
City Attorney
(Attach Notary Acknowledgment)
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form:
Bond
Amount: $689,000
Exhibit "B"
Improvement Security - Material and Labor:
Form:
Bond
Amount: $689,000
Exhibit "C"
Improvement Security - Monuments:
Form:
Bond
Amount: $ 19,180
Securities approved as to form and amount by
~~~
Improvement Completion Date:
Three (3) years from date of
Council approval of the
Subdivision Improvement
Agreement.
C:\ag\RORPh2".sia
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AMER./
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STATE OF CALIFORNIA
~OUNTY OF SO" [)ie.qO
~
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}
On NdY~m fJt~r -<f. 19~s,- before me, J()yc~ A. Br()c~. Jlofl!lr"j Public.
personally appeared Virq;/ E. E/lioff f Th"m nd/er
v
, personally known to me
(or f3re.ed t.:ll,,~ 6Ft tRe Basis ef satisfaeter:y 6vid!!lFlee) to be the person(s) whose name(s) i&lare
subscribed to the within instrument and acknowledged to me that he.(sl:u;l/they executed the same
in his/Ref/their authorized capacity(ies), and that by Risif:ler/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
....NESS my hand and official seal.
Signature
o/~/ tl. ~
1/
uu,.n:,n,n'UjOYCEA:BROCK g
.-e. .' COMM.I9C9471 I!l
" NOlAll'lPUtUCCAI.II'OllNA fa
IAN CIEIOOCOIIm' ·
R . .... ~Ccnm..~~~CIl'Chll""'J
(This area fOf official notarial sean
Title of Document
Date of Document
Su!Jd;ViS;"" ..Th]pn?/I-eff>~r)r A"I'eemenl-
/ v
/1- .7l if - -rs- No. of Pages J ,.. /'10 f<t ry
.
{l.ft "f' t'~ul.( Yisfet.
.
Other signatures not acknowledged
/3/7 -?
3008 (1/94) (General)
I=irst Amencan Title Insurance Comoanv
,
RESOLUTION NO.
/ ~/I/~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FINAL MAP OF CHULA VISTA
TRACT 90-02 RANCHO DEL REY SPA III, PHASE 3,
UNIT 1, ACCEPTING ON BEHALF OF THE PUBLIC THE
PUBLIC STREETS DEDICATED ON SAID MAP,
ACCEPTING THE EASEMENTS GRANTED ON SAID MAP
WITHIN SAID SUBDIVISION, AND APPROVING
SUBDIVISION IMPROVEMENT AGREEMENT FOR THE
COMPLETION OF IMPROVEMENTS REQUIRED BY SAID
SUBDIVISION, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula Vista hereby finds that that certain map survey
entitled CHULA VISTA TRACT 90-02, RANCHO DEL REY SPA III, PHASE 3,
UNIT 1, and more particularly described as follows:
Being all of Lot 8, of Chula vita Tract No. 90-02, Rancho
Del Rey SPA III, Master Final Map, in the city of Chula
Vita, County of San Diego, State of California, according
to Map thereof No. 13176 filed December 14, 1994,
together with a portion of East "J" Street as dedicated
to pUblic use.
Area: 38.94 acres
Numbered Lots: 142
No. of Lots: 147
Lettered Lots: 4
is made in the manner and form prescribed by law and conforms to
the surrounding surveys; and that said map and subdivision of land
shown thereon is hereby approved and accepted.
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the public the public streets, to-wit: Via Escalante,
Plaza Ultima, Plaza Gardenia, East Vaquero Court, West Vaquero
Court, Corte De Cera, Plaza Elena, Plaza Vista Mar and Plaza
Escalante, with portions of Calle Santiago, Calle Candelero and
East "J" Street, and said streets are hereby declared to be public
streets and dedicated to the public use.
BE IT FURTHER RESOLVED that Lots A and B are hereby
accepted in fee for open space, public utilities and other public
uses, including a 10' general utilities easements within said lots
for the installation and maintenance of public utilities.
BE IT FURTHER RESOLVED that Lots
accepted in fee for park, recreational,
utilities and other public use.
C and D are hereby
open space, public
BE IT FURTHER RESOLVED that said Council hereby accepts
on behalf of the city of Chula vista the easements with the right
of ingress and egress for the construction and maintenance of
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,
drainage and sewer facilities, storm drain and access and tree
planting and maintenance, as granted and shown on said map within
said sUbdivision, subject to the conditions set forth thereon.
BE IT FURTHER RESOLVED that the City Clerk of the city of
Chula vista be, and she is hereby authorized and directed to
endorse upon said map the action of said Council; that said Council
has approved said subdivision map, and that said portions of public
streets are accepted on behalf of the public as heretofore stated
and that certain easements with the right of ingress and egress for
the construction and maintenance of drainage and sewer facilities,
storm drain and access, tree planting and maintenance, as granted
thereon and shown on said map within said subdivision is accepted
on behalf of the City of Chula vista as hereinabove stated.
BE IT FURTHER RESOLVED that the City Clerk be, and she is
hereby directed to transmit said map to the Clerk of the Board of
Supervisors of the County of San Diego.
BE IT FURTHER RESOLVED that that certain Subdivision
Improvement Agreement dated the day of , 1995, for
the completion of improvements in said subdivision, a copy of which
is attached hereto and by reference made a part hereof, the same as
though fully set forth herein be, and the same is hereby approved.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista be, and he is hereby authorized and directed to execute
said agreement for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
~~r-
Bruce M. Boogaard, lty
Attorney
John P. Lippitt, Director of
Public Works
C:\rs\rdrIII3.1
/ 3/l- cJ..,
Recording Requested by:
CITY CLERK
When Recorded, Mail to:
CITY OF CHULA VISTA
276 Fourth Avenue
Chula vista, Ca. 91910
No transfer tax is due as this is a conveyance
to a public agency of less than a fee interest
for which no cash consideration has been paid or
received.
Declarant
SUBDIVISION IMPROVEMENT AGREEMENT
. . -if"'"
THIS AGREEMENT, made and entered 1nto th1s - day of
}/ovemDcr ,1995, by and between THE CITY OF CHULA VISTA, a
municipal corporation, hereinafter called "City", and RDR
Investors, L.P., a California limited partnership, 2727 Hoover
Avenue, National City, Ca. 91950, hereinafter called "Subdivider".
~l.TH~.Q..Q.~T!!...
WHEREAS, Subdivider is about to present to the City Council of
the city of Chula vista for approval and recordation, a final
subdivision map of a proposed sUbdivision, to be known as Chula
vista Tract 90-02, Rancho Del Rey SPA III, Phase 3, unit l,
pursuant to the provisions of the Subdivision Map Act of the State
of California, and in compliance with the provisions of Title 18 of
the Chula vista Municipal Code relating to the filing, approval and
recordation of subdivision map; and
WHEREAS, the Code provides that before said map is finally
approved by the Council of the city of Chula Vista, Subdivider must
have either installed and completed all of the public improvements
and/or land development work required by the Code to be installed
in subdivisions before final maps of subdivisions are approved by
the Council for purpose of recording in the Office of the County
Recorder of San Diego County, or, as an al ternati ve thereto,
Subdivider shall enter into an agreement with city, secured by an
approved improvement security to insure the performance of said
work pursuant to the requirements of Title 18 of the Chula vista
Municipal Code, agreeing to install and complete, free of liens at
Subdivider's own expense, all of the public improvements and/or
land development work required in said subdivision within a
definite period of time prescribed by said council; and
WHEREAS, Subdivider is willing in consideration of the
approval and recordation of said map by the council, to enter into
this agreement wherein it is provided that Subd:"ider will install
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ILia
and complete, at Subdivider's own expense, all the public
improvement work required by city in connection with the proposed
subdivision and will deliver to City improvement securities as
approved by the City Attorney; and
WHEREAS, a tentative map of said subdivision has heretofore
been approved, subject to certain requirements and conditions, as
contained in Resolution No. 16222, approved on the 30th day of
July, 1991 ("Tentative Map Resolution"); and
WHEREAS, complete plans and specifications for construction,
installation and completion of said public improvement work have
been prepared and submitted to the City Engineer, as shown on
Drawings Nos. 94-355 through 94-362 inclusive, on file in the
office of the city Engineer; and
WHEREAS, an estimate of the cost of constructing said public
improvements according to said plans and specifications has been
submitted and approved by the City in the amount of One Million,
Four Hundred Forty-Nine Thousand Five Hundred Dollars ($1,449,500).
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED AS
FOLLOWS:
1. Subdivider, for itself and his successors in interest, an
obligation the burden of which encumbers and runs with the land,
agrees to comply with all of the terms, conditions and requirements
of the Tentative Map Resolution; to do and pe~form or cause to be
done and performed, at its own expense, without cost to City, in a
good and workmanlike manner, under the direction and to the
satisfaction and approval of the city Engineer, all of the public
improvement and/or land development work required to be done in and
adjoining said subdivision ("Improvement Work"); and will furnish
the necessary materials therefor, all in strict conformity and in
accordance with the plans and specifications, which documents have
heretofore been filed in the Office of the City Engineer and by
this reference are incorporated herein and made a part hereof.
2. It is expressly understood and agreed that all monuments
have been or will be installed within thirty (30) days after the
completion and acceptance of the Improvement Work, and that
Subdivider has installed or will install temporary street name
signs if permanent street name signs have not been installed.
3. It is expressly understood and agreed that Subdivider will
cause all necessary materials to be furnished and all Improvement
Work required under the provisions of this contract to be done on
or before the third anniversary date of Council approval of the
Subdivision Improvement Agreement.
4. It is understood and agreed that Subdivider will perform
said Improvement Work as set forth hereinabove, or that portion of
said Improvement Work serving any buildings or structures ready for
occupancy in said subdivision, prior to the issuanc'" of any
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certificate of clearance for utility connections for said buildings
or structures in said subdivision, and such certificate shall not
be issued until the City Engineer has certified in writing the
completion of said public improvements or the portion thereof
serving said building or structures approved by the City; provided,
however, that the improvement security shall not be required to
cover the provisions of this paragraph.
5. It is expressly understood and agreed to by Subdivider
that, in the performance of said Improvement Work, Subdivider will
conform to and abide by all of the provisions of the ordinances of
the City of Chula Vista, and the laws of the State of California
applicable to said work.
6. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Seven Hundred Twenty-Four Thousand Seven Hundred Fifty Dollars
($724,750), which security shall guarantee the faithful performance
of this contract by Subdivider and is attached hereto, marked
Exhibit "A" and made a part hereof.
7. Subdivider further agrees to furnish and deliver to the
City of Chula Vista simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Seven Hundred Twenty-Four Thousand Seven Hundred Fifty Dollars
($724,750) to secure the payment of material and labor in
connection with the installation of said public improvements, which
security is attached hereto, marked Exhibit "B" and made a part
hereof and the bond amounts as contained in Exhibit "B", and made
a part hereof.
8. Subdivider further agrees to furnish and deliver to the
city of Chula Vista, simultaneously with the execution of this
agreement, an approved improvement security from a sufficient
surety, whose sufficiency has been approved by the City in the sum
of Twelve Thousand Eight Hundred Dollars ($12,800) to secure the
installation of monuments, which security is attached hereto,
marked Exhibit "C" and made a part hereof.
9. It is further agreed that if the Improvement Work is not
completed within the time agreed herein, the sums provided by said
improvement securities may be used by City for the completion of
the Improvement Work within said subdivision in accordance with
such specifications herein contained or referred, or at the option
of the City, as are approved by the City Council at the time of
engaging the work to be performed. Upon certification of
completion by the City Engineer and acceptance of said work by
City, and after certification by the Director of Finance that all
costs hereof are fully paid, the whole amount, or any part thereof
not required for payment thereof, may be released to Subdivider or
its successors in interest, pursuant to the terms of thp
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improvement security. Subdivider agrees to pay to the City any
difference between the total costs incurred to perform the work,
including design and administration of construction (including a
reasonable allocation of overhead), and any proceeds from the
improvement security.
10. It is also expressly agreed and understood by the parties
hereto that in no case will the city of Chula Vista, or any
department, board or officer thereof, be liable for any portion of
the costs and expenses of the work aforesaid, nor shall any
officer, his sureties or bondsmen, be liable for the payment of any
sum or sums for said work or any materials furnished therefor,
except to the limits established by the approved improvement
security in accordance with the requirements of the State
Subdivision Map Act and the provisions of Title 18 of the Chula
vista Municipal Code.
11. It is further understood and agreed by Subdivider that
any engineering costs (including plan checking, inspection,
materials furnished and other incidental expenses) incurred by City
in connection with the approval of the Improvement Work plans and
installation of Improvement Work hereinabove provided for, and the
cost of street signs and street trees as required by City Clnd
approved by the city Engineer shall be paid by Subdivider, and that
Subdivider shall deposit, prior to recordation of the Final Map,
with City a sum of money sufficient to cover said cost.
12. It is understood and agreed that until such time as all
Improvement Work is fully completed and accepted by City,
Subdivider will be responsible for the care, maintenance of, and
any damage to, the streets, alleys, easements, water and sewer
lines within the proposed subdivision. It is further understood
and agreed that Subdivider shall guarantee all public improvements
for a period of one year from date of final acceptance and correct
any and all defects or deficiencies arising during said period as
a result of the acts or omission of Subdivider, its agents or
employees in the performance of this agreement, and that upon
acceptance of the work by city, Subdivider shall grant to City, by
appropriate conveyance, the public improvements constructed
pursuant to this agreement; provided, however, that said acceptance
shall not constitute a waiver of defects by City as set forth
hereinabove.
13. It is understood and agreed that City, as indemnitee, or
any officer or employee thereof, shall not be liable for any injury
to person or property occasioned by reason of the acts or omissions
of SUbdivider, its agents or employees, or indemnitee, related to
this agreement. Subdivider further agrees to protect and hold the
City, its officers and employees, harmless from any and all claims,
demands, causes of action, liability or loss of any sort, because
of or arising out of acts or omissions of Subdivider, its agents or
employees, or indemnitee, related to this agreement; provided,
however, that the approved improvement secur i ty sha 11 not be
required to cover the provisir~s of this paragraph. Such
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indemnification and agreement to hold harmless shall extend to
damages to adjacent or downstream properties or the taking of
property from owners of such adjacent or downstream properties as
a result of the construction of said subdivision and the public
improvements as provided herein. It shall also extend to damages
resulting from diversion of waters, change in the volume of flow,
modification of the velocity of the water, erosion or siltation, or
the modification of the point of discharge as the result of the
construction and maintenance of drainage systems. The approval of
plans providing for any or all of these conditions shall not
constitute the assumption by City of any responsibility for such
damage or taking, nor shall City, by said approval, be an insurer
or surety for the construction of the subdivision pursuant to said
approved improvement plans. The provisions of this paragraph shall
become effective upon the execution of this agreement and shall
remain in full force and effect for ten (10) years following the
acceptance by the City of the improvements.
14. Subdivider agrees to defend, indemnify, and hold harmless
the City or its agents, officers, and employees from any claim,
action, or proceeding against the city or its agents, officers, or
employees to attack, set aside, void, or annul, an approval of the
City, advisory agency, appeal board, or legislative body concerning
a sUbdivision, which action is brought within the time period
provided for in Section 66499.37 of the Government Code of the
state of California.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed the day and year first hereinabove set
forth.
SUBDIVIDER: RANCHO DEL REY
INVESTORS, L.P.
.By: I!, /Ii/fir, 'h'(j:~d" Servic~, Inc,.
::Z.~;;~
THE CITY OF CHULA VISTA
Mayor of the city of Chula
vista
ATTEST
city Clerk
Approved as to form by
~~~~
City Attorney
(Attach Notary Acknowledgment)
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LIST OF EXHIBITS
Exhibit "A"
Improvement Security - Faithful Performance
Form:
Bond
Amount: $724,750
Exhibit "B"
Improvement Security - Material and Labor:
Form:
Bond
Amount: $724,750
Exhibit "C"
Improvement Security - Monuments:
Form:
Bond
Amount: $ 12,800
Securities approved as to form and amount by
(J..-.... Y\\.~~ ~~
City Attorney D
Improvement Completion Date:
Three (3) years from date of
Council approval of the
Subdivision Improvement
Agreement.
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STAlE OF CALIFORNIA"
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On ~jleI'hDt:r .:<r, 1'1'15, before me, JOyce
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personally appeared Virqi/ E. EllioTT f
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A. BrocK, il.rrfa, r'j p" blie
ThtJm Tuller
, personally known to me
(Qr prevell to me eR tRa gaGis sf eatiefasteFY evidsRse) to be the psrson(s) whose name(s) ief'are
subscribed to the within instrument and acknowledged to me that AS/BAe/they executed the same
in hi3,'1 ,6, {their authorized capacity(ies), and that by his/ReF/their signature(s) on the instrument the
person(s) or the entity upon behalf of which the person(s) acted, executed the instrument.
....NESS my hand and official seal.
Signature 17'" a. J~
d'...--......' .........---- L'.......__..............._....................... .....1
_ JOVCEA. BROCK
.. COMM.*989471
I C> . NClAIlYPI.Bl~~_M I
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{This area fOf official notarial sean
Title of Document Su6c1i 1I/~5/'-''' ImnrtH'emen i 1f't!'~me,., l-
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Date of Document /1-"<9- ~s- No. of Pages t> + N.o 7z:<r y
Other signatures not acknowledged (7,'1,,/. trr e;,u /~ Yista I
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3008(1194) (General)
C:irst Amerrcar, Title Insurance Comoarw
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 12/5/95
ITEM TITLE: Resolution J <;5'/ y 5 Accepting bids and awarding contractto Lekos
Electric, Incorporated for the 1995 Hazard Elimination Safety Project (HES)
to upgrade three traffic signal locations (BroadwaylF Street, Fourth A venuelF
Street, and Third Avenue/Orange Avenue) and appropriating $152,000 to TF-
227 (Traffic Signal Safety Upgrade)
SUBMITTED BY: ~
REVIEWED BY: City Manage~
(4/5ths Vote: YesXNo-J
On November 15,1995, the Director of Public Works received sealed bids from three (3) electrical
contractors for the modification of traffic signals to add left turn phasing at three intersections. This
is a state funded project under the 1995 Hazard Elimination Safety (HES) Program.
The low bid of$125,565 was received from Lekos Electric, Incorporated. The low bid is above the
Engineer's estimate of $106,910. Staff has reviewed the low bid and recommends awarding said
contract to Lekos Electric, Incorporated in the amount of$125,565.
RECOMMENDATION: That Council approve the resolution accepting bids and awarding contract
to Lekos Electric, Incorporated for the Traffic Signal Safety Project at three locations and
appropriating $135,100 from unanticipated revenue from CalTrans Hazard Elimination Safety Grant
Program and $16,900 from the Traffic Signal Fund to TF-227.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
On November 15, 1995, the Director of Public Works received sealed bids from three (3) electrical
contractors for the modification of traffic signals to add left turn phasing at three intersections as part
of the 1995 Hazard Elimination Safety (RES) Traffic Signal Safety Project. These intersections are
as follows:
Broadway and F Street
Fourth Avenue and F Street
Third Avenue and Orange Avenue
This Traffic Signal Safety Project was approved and funded in the 1994-95 Capital Improvement
Program (CIP). The project will include the installation of left turn phasing, new signal standards,
loop detectors, vehicle indications, and other signal equipment necessary to make the system
operational.
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Page 2, Itemg
Meeting Date 12/5/95
The bids were received as follows:
Contractor Amount
l. Lekos Electric, Inc. - El Cajon $125,565
2. Knox Electric, Inc. - Spring Valley $141,332
3. Select Electric - Spring Valley $159,640
The low bid of $125,565 was received from Lekos Electric, Incorporated. The low bid is above the
Engineer's estimate of$106,910 or approximately 17%. The Engineer's estimate was based on bid
prices from our previous signal projects. These bids are indicative that signal project costs are
increasing. The contractor, Lekos Electric, Incorporated has completed several projects for the City
and their performance has been favorable. The low bidder has met all City requirements set forth
in the bid document, and therefore, we recommend awarding the contract to Lekos Electric,
Incorporated.
This Traffic Signal Safety Project was approved in the Fiscal Year 1994-95 Capital Improvement
Project (CIP). Only the design portion of this project was funded ($14,600) under the 1995 CIP
program using the Traffic Signal Fund. The remainder is to be funded by a Grant from the State of
California, Department of Transportation's Hazard Elimination Safety (HES) Project and additional
Traffic Signal Funds. Although approved by CalTrans, this HES funding ($135,100) will not be
available until after the project is satisfactorily completed.
The total project cost is $166,600 which includes $12,600 for contingencies and $28,400 for staff
time in addition to the construction cost of$125,600. The approved FY 94/95 budget for this project
is $14,600. An additional $16,900 of Traffic Signal Funds will be needed to cover staff time and
$135,100 in CalTrans Grant Funds. Therefore, an additional appropriation of$152,000 is needed
to complete the project.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project and
determined that the project is exempt under Section 15302, Class 3 (new construction or conversion
of small structures of the location of limited numbers of new, small facilities or structures).
Disclosure Statement
A copy of the Contractor's disclosure statement is attached as Exhibit B.
Prevailin~ Wa2:e Statement
Contractors bidding this project were required to pay prevailing wages to persons employed by them
for the work under this contract.
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Page 3, Item-.!f
Meeting Date 12/5/95
Disadvanta~ed Business Enteq>rise Goal
The bid document set forth participation requirements per federal regulations for meeting the
Disadvantaged Business Goals. Juan Arroyo, Housing Coordinator, has reviewed the bid documents
submitted by the three lowest bidders. Lekos Electric, Incorporated meets the City's requirements
for D.B.E. participation. Staff also reviewed Lekos Electric, Incorporated eligibility status with
regards to Federal procurement programs and the State contractor licenses for the contract as well
as his subcontractors. Neither the contractor or any listed subcontractors are excluded from the
Feder!!.1 procurement programs (list of parties excluded from Federal procurement or non-
procurement programs as of August 1995). Contractor licenses for Lekos Electric, Incorporated are
current and in good standing.
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $125,600
B. Contingencies (approx. 10%) $12,600
C. Design $14,600
D. Inspection, and Administration $13,800
TOTAL $166,600
FUNDS AVAILABLE FOR CONSTRUCTION
A. Traffic Signal Fund - TF227 $14,600
B. Hazard Elimination Safety (HES) Program Grant $135,100
C. Additional Appropriation from Fund 211 Traffic Signal Fund $16,900
TOTAL $166,600
FISCAL IMP ACT:
This action will appropriate $135,100 of unanticipated revenue from the HES Grant and $16,900
from the Traffic Signal Fund. Anticipating total funding of $131 ,000 including the grant funding,
was included in the FY 1994-95 CIP budget proposal, but only $14,600 in Traffic Signal Funds was
appropriated. CalTrans will reimburse the City the HES Grant amount ($135,100) when the project
is completed. There are no additional annual maintenance and energy costs associated with this
proj ect.
Attachment:
Exhibit A - Contractors Disclosure Statement
File No: TF-227
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THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
You arc required tll file a Statement of Disclosure of l'crtain ownership or [inandal interests, payments, or l'ilmpaign
contrihutil.lnS, nn all matters whkh will rcyuirc discretionary .u.:tiun on the part of llH.' City ('oundl, Planning Commissinn, ami
alllllhcr nffil.:ial hodies. The following ioformallnn must he disclosc.'J:
l. l.islthc names of all persons having a finandal interest in thl: property which is the subjct.:l of the applkatill!l or thl.'
Conlrad , e.g., owner, applkanl, Contrm:tor, suhl:ontral.:tor, material surplier.
Ll.ko,"; 'Z.-/UfJ<-,'C. ,Y;'7C-
~irYl ,) H.4f<'rliS
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))nn 1..1.+\ I; -1-'1 ,"5, 'j7;?J'1
2. If any person 'I' identified pursuant to (I) above,is a corporation or partnership, list the names of all individuals owning
nW('l' than 10%, of the shares in the l::orporalion or owning any partnership interest in the partnership.
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.:s" hn 6-. L~ J<..os.
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II any persun. identified pursuant to (I) ahove is non-profit organii'.alion llr a trust, list the names of any pl'r:mn
serving ;IS diredor of the nno-profit organization or as trustee or beneficiary or trustor of the trust.
4. Ilavc VllU had more than $250 Wllrlh of nusiness transat:teJ with any memher of the City staff, Boards, Commissions,
('omn'litlcl's, and'CouOl:il within the past twelve month? Yes _ Nn...k" If yes, please indiL:ute pcrson(s):
5, Please iJl".'ntify CiKh anJ l:very person, induJing any agents, employees, l;onsultanls, or inJcpcnJcnt Conlra(..'tors wh\l
you have assigned to represent you hefore the City in this malleI'.
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6. I lave vuu ;\nd/~)r your officers ur agl'nts, in the ag.grl:gatt:, l..'ontrihull.'U m\lrc than $1,000 to a ('oulH.:il mcmhu in the
\':llr['l'f~t \11' prl.'l"l.,Jing dl'l".'\hln pl.'riml? Yl.'S _ Nn ~ II Yl'S, slatt: which ('ouncil mcmhcrs(s):
... · ... (NOTE: Attached additiunal pu~es us necessury) ... ... ...
~hAId.Ii-_ [IlL
Signalure of Conlraclor/Applicanl
fij.Ke~J4 f'. c..o<o.s ?,,<eSid<flr
Print or tyre nClme i)l' ('onlractor/^rplicant
* I'erson is Ift'Jined as: "AllY l",iil'lt/ual, )inn, co'partnershlP, jvilll venture, as.wc.:/alion, ,weiai club, fratemai orMullizu//oll,
corporatioll, e~'tale, trust, receiver, ~)'lIdicu{e, thiS alld allY olher county, c.:ity or country, city municipality, district, Of other political
subdil'ision, or "ny other group or combinalion acting as a unil,
D"lc: ///5'.7.1....
(.':\IIUI1l<'1, \ ,\t."ntflh:I\TSllcs~.I~
;;1,521
MEMORANDUM
November 27, 1995
SUBJECT:
Cliff Swanson, Deputy Director of Public Works/City Engineer
Juan P. Arroyo, Housing coordinato~
Disadvantaged Business Enterprise Construction Program-Traffic Signal
Upgrade (1995 Hazard Elimination Safety Project) at Third Avenue and Orange
Avenue, Fourth Avenue and F Street, and Broadway and F Street
TO:
FROM:
A review has been conducted of the bid proposals presented by Lekos Electric, Inc., Knox
Electric, Inc., and Select Electric, Inc. regarding the above referenced project compliance with
the City's Disadvantaged Business Enterprise Construction Program.
All three companies have provided the necessary documentation to indicate that their
respective proposals comply with the City's goals for Disadvantaged Business Enterprise
participation.
JA:ss
cc: Chris Salomone, Community Development Director
Frank Rivera, Associate Traffic Engineer
[SS\A:\WPWIN\DBEl19S,MEM]
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RESOLUTION NO. ;I~;I~~
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTI~G BIDS AND AWARDING
CONTRACT TO LEKOS ELECTRIC, INCORPORATED FOR
THE 1995 HAZARD ELIMINATION SAFETY PROJECT
(HES) TO UPGRADE THREE TRAFFIC SIGNAL
LOCATIONS (BROADWAY/F STREET, FOURTH AVENUE/F
STREET, AND THIRD AVENUE/ORANGE AVENUE) AND
APPROPRIATING $152,000 TO TF-227 (TRAFFIC
SIGNAL SAFETY UPGRADE)
WHEREAS, on November 15, 1995, the Director of Public
Works received the following three sealed bids for the modification
of traffic signals to add left turn phasing at three intersections:
Contractor Amount
1. Lekos Electric, Inc. - EI Cajon $125,565
2. Knox Electric, Inc. - Spring Valley $141,332
3 . Select Electric - spring Valley $159,640
WHEREAS, the low bid of $125,565 was received from Lekos
Electric, Incorporated and is above the Engineer's estimate of
$106,910 or approximately 17%; and
WHEREAS, the low bidder, Lekos Electric, Incorporated has
met all city requirements set forth in the bid document, and
therefore, we recommend awarding the contract to low bidder who has
completed several projects for the city with favorable performance;
and
WHEREAS, the City's Environmental Review Coordinator has
reviewed the work involved in this project and determined that the
project is exempt under Section 15302, Class 3 (new construction or
conversion of small structures of the location of limited numbers
of new, small facilities or structures); and
WHEREAS, this is a state funded project under the 1995
Hazard Elimination Safety (HES) Program and contractors bidding
this project were required to pay prevailing wages to persons
employed by them for the work under this contract; and
WHEREAS, the bid document set forth participation
requirements per federal regulations for meeting the Disadvantaged
Business Goals and staff also reviewed Lekos Electric, Incorporated
1
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eligibility status with regards to Federal procurement programs and
the state contractor licenses for the contract as well as his
subcontractors and neither the contractor or any listed
subcontractors are excluded from the Federal procurement programs
(list of parties excluded from Federal procurement or non-
procurement programs as of August 1995).
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby accept bids and award the contract
to Lekos Electric, Incorporated for the 1995 Hazard Elimination
Safety Project (HES) to upgrade three traffic signal locations.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
contract for and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the amount of $135,000 is
hereby appropriated from the unanticipated revenue from CalTrans
Hazard Elimination Safety Grant Program and $16,900 from the
Traffic signal Fund to TF-227 (Traffic Signal Safety rade).
Presented by
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,
orm by
n
John P. Lippitt, Director of
Public Works
Bruce M. Boogaar , City
Attorney
C:\rs\hes,bid
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COUNCIL AGENDA STATEMENT
ITEM If
MEETING DATE: 12/5/95
SUBMITTED BY:
Report on the application for grant funds from the Federal Department of
Education, Library Services and Construction Act (LSCA) for the purchase
of specific library reference resources as a Major Urban Resource Library
Library Directo~
City Manage~
(4/5ths Vote:Yes_NoX)
ITEM TITLE:
REVIEWED BY:
On October 27, 1995, the Chula Vista Public Library submitted an application for LSCA funds for
the purchase of specific library reference resources.
As the Chula Vista Public Library is a City agency serving a resident population of over 100,000,
it has been designated a Major Urban Resource Library (MURL) by the United States Department
of Education and is eligible to apply for a grant of$12,032 for needed library materials. For five
consecutive years Chula Vista Public Library, as a MURL library, has applied and been awarded
these LSCA funds through the California State Library. The funds are awarded for the purpose of
supporting and expanding library resources in subject areas of regional need.
RECOMMENDATION: That Council accept the report and ratify the application.
BOARD/COMMISSION RECOMMENDATION: The Library Board voted to support the
Library's application for FY 1995-96 MURL grant funds at their meeting of September 27, 1995.
(Attachment A)
DISCUSSION:
If awarded, the Library intends to use the 1995-96 MURL funds to purchase library resources
which meet critical regional needs. These needs were identified in a statewide survey distributed
by the California State Library in Spring 1995. Chula Vista's sub-regional needs are economics,
investments and real estate, business and management, and career/employment information.
FISCAL IMPACT:
Ifawarded, the grant will provide $12,032 to purchase reference materials for the Library at 365
F Street. These funds will augment book accounts that were cut during the FY 1993-94, 1994-
95, and 1995-96 budget process. Ifawarded, the grant will be brought back to Council to be
appropriated.
15,/
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ATTACHMENT A
Library Board of Trustees
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September 27, 1995
to Read" statement. The Board also discussed some of the points raised in
the articles on intellectual freedom sent with the Board packet.
MSUC (AlexanderIWilliams) to affirm the Library Bill of Rights and
Freedom to Read statement
B. FY 1995-96 Budget - Furloughs
Library Director Palmer reported that, as a result of the FY 1995-96
budget process, the City would institute a furlough during the week
between Christmas and New Years. Although most City departments will
be closed that week, certain agencies such as Police, Fire and the Library
have been declared "essential services" and will remain open.
However, the Library has recommended that open hours at the Civic
Center Library be reduced to a single shift during this period. This single
shift will compliment the open hours at the South Chula Vista Library. The
Board's consensus was that this was a reasonable approach.
III. NEW BUSINESS
ACTION
A.
Meeting Schedule
MSUC (Viesca/Williams) to approve the 1995-96 Library Board meeting
schedule.
B. Goals and Objectives Workshop
Materials involving the Goals and Objectives Workshop were distributed in
the Board package.
ACTION
C.
1995-96 Murl Grant Application
MSUC (Donovan/Williams) to support the Library's application for MURL
funds.
ACTION
D.
EastLake
Director Palmer asked that the Library Board approve the time line for
renewing the EastLake joint library agreement. Trustees will be required
to make a recommendation on the continued operation of the EastLake
Library at their December 6th meeting. Staffwill then take the Board's
/f'~
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.J-'
COUNCIL AGENDA STATEMENT
Item
/~
Meeting Date
12/05/95
ITEM TITLE: Public Hearing to consider Ordinance .zt~~
amending section 8.23.090 B.3. of the Chula vista
Municipal Code to allow the Refuse Collection
Franchisee to fully recover landfill processing
costs through customer billing rates, and for
consideration of refuse collection rate adjustment
related to increased disposal costs at the County
Landfill for the Residential, Residential
Yardwaste, and Commercial Contracts.
Resolution /trIY~ Approving changes in the
landfill/processing cost rate component for the
Residential, the Residential Yardwaste, and the
Commercial Contracts effective July 1, 1995, with
ratepayers billing rates to be adjusted beginning
January 1, 1996.
SUBMITTED BY: Deputy City Manager Kremp~{;/
Finance Director ~
REVIEWED BY: City Manager (4/Sths Vote: Yes-K- No___l
On November 14, 1995, in response to a request from Laidlaw Waste
Systems, Inc., the City Council directed staff to evaluate the need
to amend the municipal code in order to allow Laidlaw to fully
recover charges incurred in the disposal of refuse at the County
Landfill, and to recommend any necessary rate adjustments based on
unrecovered costs.
RECOMMENDATION:
That Council:
1. Adopt Urgency Ordinance Amending Section 8.23.090
B. 3 . of the Chula vista Municipal Code to allow the
Refuse Collection Franchisee to fully recover landfill
processing costs through customer billing rates.
2. Conduct the Public Hearing.
3. Adopt Resolution approving changes in the
landfill/processing cost rate component for the
Residential, the Residential Yardwaste, and the
Commercial Contracts effective July 1, 1995, with
ratepayers billing rates to be adjusted beginning January
1, 1996.
BOARD/COMMISSION RECOMMENDATION: N/A
I~ -I
,
I" !!
!'.j~1
Meeting Date
12/05/95
Page 2
BACKGROUND:
The basic refuse collection rate consists of three components;
operating costs, landfill costs, and franchise fees. Landfill
costs are incurred by Laidlaw on a per ton basis at the otay
Landfill. These costs are currently passed through to the
ratepayer based on 1991 estimates of the tons collected per
household/business.
The Municipal Code section governing modifications to the landfill
cost portion of the refuse collection rate is 8.23.090 B.3., and
reads as follows:
"The proportion of modification to the Landfill Rate Component
shall not exceed the proportion of change since grantee's last
rate increase in the rate charged by the county of San Diego
to Grantee for "tipping fees" at the otay Landfill, or if the
otay Landfill has been closed, at the next closest operating
landfill, for the latest twelve-month periOd."
simply stated, this code section limits increases in the landfill
rate component of the customer billing rates to changes in the
actual per ton processing rates (tipping fees) charged at the
County landfill. It has been Laidlaw's contention that the
ordinance should allow not only changes in the landfill tipping
fees to be passed through to the ratepayers, but also any increased
landfill costs due to changes in the actual tons collected per
unit. The ordinance was written in this fashion because staff was
concerned with their inability to verify that volume/weight
increases per household/business are actually attributable to Chula
vista customers. Although we can review tickets from the County
Landfill indicating that the driver of the truck had indicated that
the refuse originated in Chula Vista, there is no failsafe way to
verify that the trucks actually contain refuse from this City.
Therefore, there does not appear to be any reasonable alternative
to accepting Laidlaw's data for this purpose.
During the November 14 Council discussion, Council determined that
the intent of the ordinance was to allow Laidlaw to recover all
landfill processing costs by passing them through to the
ratepayers. The ordinance presented for approval tonight therefore
amends the municipal code to clarify that intent as follows:
"The proportion of modification to the Landfill Rate component
shall not exceed the proportion of change since grantee's last
rate increase in the ~ costs charged by the County of San
Diego to Grantee for "tippifiEJ fees" processinq at the otay
Landfill, or if the otay Landfill haG secn cIoGcd, at the flCl{t
eloGeot operatinEJ landfill, for the latest twelve-month
periOd."
/?~..2-
J L ->
Meeting Date
12/05/95
Page 3
The ordinance is being presented as an urgency item, requiring four
votes, in order to implement the rate modifications as soon as
possible so as to minimize the monthly impact to the ratepayers.
According to Laidlaw, during their 1995 fiscal year, the landfill
rate billed to residential ratepayers was based on estimates of
0.13600 tons/month per residential unit. Again, according to
Laidlaw, actual landfill costs were incurred at the rate of 0.13653
tons/month per residential unit. Therefore, Laidlaw incurred
landfill costs under the Residential Contract totaling $2,273 in
excess of what had been collected from the ratepayers for this rate
component even though the landfill tipping fee did not change. Per
Laidlaw, the weight per unit can vary because of numerous factors
such as purchase practices, the economy, and the weather. Laidlaw
has also shown that they have absorbed unrecovered landfill costs
totaling $67,161 under the Residential Yardwaste Contract and
$381,245 under the Commercial Contract during their 1995 fiscal
year. staff has reviewed the monthly data provided by Laidlaw and
has found no reason to dispute the figures as presented.
Laidlaw is requesting that the landfill cost rate component be
increased in the three impacted contracts to enable them to recover
the previously-incurred fiscal year 1995 costs over a twelve month
period (1/1/96 - 12/31/96) and to enable them to recover current
fiscal year 1996 costs over the remaining six month period
beginning 1/1/96, based on updated tonnage estimates. This
treatment for the 1996 costs would be consistent with the operating
cost increases recently approved by Council. They have also agreed
to evaluate these costs on an annual basis along with operating
costs and to recommend not only increases, but decreases based on
actual tonnage, if warranted. Exhibit I details the basic
recommended rate adjustment in addition to the "surcharges" for
both unrecovered fiscal year 1995 and 1996 landfill/processing
costs based on updated tonnage data.
For comparison purposes, Exhibit II displays the annualized rates
(using the basic adjusted rate only) for Chula vista, assuming
staff recommendations are adopted, with other jurisdictions' rates
in San Diego County. The rates for Chula vista have also been
adjusted to reflect the 2.5% operating cost increases approved
recently by Council. The table shows that our overall residential
billing rate, including recycling and yard waste, will remain the
lowest in the County. This ranking is due to the large decreases
put into effect in July, especially in the Recycling and Yardwaste
programs. The comparison also shows that our Commercial 3 yard bin
billing rate ($78.78) will be the ninth lowest out of the seventeen
cities in the County, and is $2.49 or 3% less than the average rate
for the other sixteen cities.
It, :;
c7b
-'
Meeting Date
12/05/95
Page 4
FISCAL IMPACT:
The impact to residential ratepayers would be an increase over
current rates of $0.17 per month per household for the period
January 1, 1996 through June 30, 1996, an increase over current
rates of $0.18 per month per household for the period July 1, 1996
through December 31, 1996, and a decrease below current rates of
$0.02 per month per household from January 1, 1997 forward as the
result of staff recommendations.
The impact to the typical commercial ratepayer (13 yards/month)
would be an increase over current rates of approximately $12.74 per
month for the period January 1, 1996 through June 30, 1996, an
increase over current rates of $8.84 per month for the period July
1, 1996 through December 31, 1996, and an increase over current
rates of $3.90 per month from January 1, 1997 forward as the result
of staff recommendations.
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PUBUC HEARING CHECK UST
PUBUC HEARlNG DATE:. /~J;1:ly . .
::.: ~:;:::'-f;r~~7~~~~~
SENT TO STAR NEWS FOR PUBUCATI9N -- BY FAX~A-iBy HAND_; BY MNL
PUBUCATION DATE 1//.:<>1~
/ /
MNLED NOTICES TO PROPERTY OWNERS jh NO. MNLED /::h
PER GC ~54992 Legislative Staff, Consnuction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122
/;/;;7h>,
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LOGGED IN AGENDA BOOK
COPIES TO:
/
Administration (4)
Planning
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Engineering
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POST ON BULLETIN BOARDS
SPEGAL INSTRUCTIONS:
.55-
)6/}
NOTICE OF PUBLIC HEARING BY THE
CITY COUNCIL OF THE CITY OF
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public
hearing to consider the following:
The purpose of considering a rate increase requested by Laidlaw Waste Systems Inc., for the
collection and disposal of commercial and residential refuse, aRe the Gelle.tieB jlr-eGessi/;!g aae
1'Il~ af resiEleatial r-ecydaeleit and yard waste.
Any petitions to be submitted to the City Council must be received by the City Clerk's office no later than
noon of the hearing date.
If you wish to challenge the City's action On this matter in court, you may be limited to raising only those
issues you or someone else raised at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to the public hearing.
1i~ J)/fC6flb..<- !J
S PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday-Nove1l.lbel 14, 1995
at :00 p.m. in Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person
desiring to be heard may appear.
;Jo~;uJ
DATED: Oeteiler 27, 19Q5
COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA)
The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require special
accommodation 10 acoess, attend and/or participate in a City meeting, activity or service request such accommodation at least 48
hours in advance for meetings and 5 days for scheduled services and activities. Please contact Nancy Ripley for specific
information at (619) 691-5101. California Relay Service is available for the hearing impaired.
~
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CllY Of
CHUlA VISTA
OFFICE OF THE CITY CLERK
TELEFAX COVER LETIER
Te1ecopier No. (619) 585-5612
DATE:
I}i<~h ~
TO: Star News Lel!:a1 / Martha
FAX NO: (619) 426-6346
FROM: C~
SUBJEcr: J::./~_' r?f~
PUBUCATION DATE:
02
/JA~3
/ /
TOTAL NO. PAGES (including cover):
If all pages are not received, please call Carla @ (619) 691-5041.
276 FOURTH AVENUE' CHULA VISTA' CALIFORNIA 91910 . (619) 691-5041
~..."'"""-- /t-1
NOTICE OF PUBLIC HEARINGS
BY THE CHULA VISTA CITY COUNCIL
CHULA VISTA, CALIFORNIA
NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold
a public hearing to consider the following:
A rate increase requested by Laidlaw Waste Systems, Inc. for collection and disposal
of commercial and residential refuse and yard waste. For further information call
the Finance Department at 691-5051.
If you wish to challenge the City's action on these matters in court, you may be limited to
raising only those issues you or someone else raised at the public hearing described in this
notice, or in written correspondence delivered to the City Clerk's Office at or prior to the
public hearing.
SAID PUBLIC HEARINGS WILL BE HELD BY THE CITY COUNCIL on Tuesday,
December 5, 1995, at 4:00 p.m. in the Council Chambers, Public Services Building, 276
Fourth Avenue, at which time any person desiring to be heard may appear.
DATED: November 20, 1995
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ORDINANCE NO. .t~~
AN URGENCY ORDINANCE OF THE CITY OF CHULA
VISTA AMENDING SECTION 8.23.090 B.3 OF THE
CHULA VISTA MUNICIPAL CODE TO ALLOW THE REFUSE
COLLECTION FRANCHISEE TO FULLY RECOVER
LANDFILL PROCESSING COSTS THROUGH CUSTOMER
BILLING RATES
The City Council of the City of Chula Vista does ordain
as follows:
section 1. That section 8.23.090 B.3 of the Chula Vista
Municipal Code is hereby amended to read as follows:
Sec. 8.23.090 Rates for Collection.
B. Rate Modification Procedure.
3. "Landfill Rate Component" Changes.
The proportion of modification to the Landfill Rate
Component shall not exceed the proportion of change
since grantee's last rate increase in the firE.e
costs charged by the County of San Diego to Grantee
for "tippinq feeo" processinq at the Otay LandfillT
er if the otay landfill hao seen clenea, at the
nelct cleoent eperatinq lanafill, for the latest
twelve-month period.
section II: The City Council hereby finds that this is
a matter of urgency affecting the public health and general welfare
because the rate modification is necessary in order to minimize the
monthly impact to the ratepayers and shall be effective immediately
upon its first reading and adoption by a four-fifth's vote.
Presented by
form by
Robert Powell, Director of
Finance
City
C:\or\823090.B3
/~~, )
',-'- ;1
I
RESOLUTION NO. /TI/lt
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING CHANGES IN THE
LANDFILL/PROCESSING COST RATE COMPONENT FOR
THE RESIDENTIAL, THE RESIDENTIAL YARDWASTE,
AND THE COMMERCIAL CONTRACTS EFFECTIVE JULY 1,
1995, WITH RATEPAYERS BILLING RATES TO BE
ADJUSTED BEGINNING JANUARY 1, 1996
WHEREAS, Laidlaw is requesting that the landfill cost
rate component be increased in the residential, residential
yardwaste and commercial contracts to enable them to recover the
previously-incurred fiscal year 1995 costs over a twelve month
period (1/1/96 - 12/31/96) and to enable them to recover current
fiscal year 1996 costs over the remaining six month period
beginning 1/1/96, based on updated tonnage estimates; and
WHEREAS, Exhibit I details the basic recommended rate
adjustment in addition to the "surcharges" for both unrecovered
fiscal year 1995 and 1996 landfill/processing costs based on
updated tonnage data.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby approve changes in the
landfill/processing cost rate component for the residential, the
residential yardwaste and the commercial contract effective July 1,
1995, with ratepayers billing rates to be adjusted beginning
January 1, 1996 as set forth in Exhibit I.
Presented by
J}
Robert Powell, Director of
Finance
I~tl- /
I
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Exhibit I
LANDFILL/PROCESSING RATE COMPONENT ADJUSTMENTS
(Presented on a monthly basis)
Residential Commercial
Residential Yardwaste (bv vardl
a) Basic Rate Adjustment $0.025 ($0.044) $0.300
b) Amortization of
unreimbursed costs for
first 6 months of FY96
over the period
1/96 thru 6/96 $0.025 ($0.044) $0.300
cj Amortization of
unreimbursed costs for
FY95 over the period
1/96 thru 12/96 $0.007 $0.196 $0.376
Effective rate adjustment
1/96 thru 6/96 (a + b + c) $0.06
$0.11
$0.98
Effective rate adjustment
7/96 thru 12/96 (a + c) $0.03
$0.15
$0.68
/IJJ~-<
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ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
Item 17
Meeting Date 12/5/95
Public Hearing: PCC-90-25M; Request for five year extension to an
existing Conditional Use Permit for an RV Storage Yard at 1375
Broadway, within the S-94 zone - Broadway Palomar RV Storage
Resolution J8"/-Y?Granting a five year extension for Conditional Use
Permit PCC-90-25M to Broadway Palomar RV Storage to operate a
storage yard for recreational vehicles at 1375 Broadway
Director of Planning :1ii
City Manager~ ~~ (4/5ths Vote: Yes_No--XJ
This is a request for a five year extension of an existing Conditional Use Permit which
authorizes a recreational vehicle storage yard at 1375 Broadway. The applicant is also
requesting the deletion of a condition to the original permit which requires the payment of an
annual $7,500 parks in-lieu fee to the City.
The Enviromnental Review Coordinator has determined that this project is exempt from
enviromnental review under CEQA as a Class 1 exemption.
RECOMMENDATION: That Council adopt the resolution approving the five year extension
subject to deletion of the annual $7,500 parks in-lieu fee.
BOARDS/COMMISSIONS RECOMMENDATION: On September 27, 1995, the Planning
Commission voted 5-0 (with two members absent) to recommend approval of the extension
request in accordance with Resolution PCC-90-25M. The Commission was not asked for, nor
did they offer, a recommendation on the in-lieu parks fee.
DISCUSSION:
1. Site Characteristics
The project site consists of a rectangularly shaped property of 4.5 acres with utility
transmission towers bisecting the property from east to west. This existing storage lot
contains 356 storage spaces and 20 customer parking spaces, and is surrounded by slatted
chain-link fencing; the facility is open to customers from 7:00 a.m. to 7:00 p.m. The
17'/
,.." ~;-
Page 2, Item 17
Meeting Date 12i5T95
interim zoning in effect for this property is S-94, a County designation for utility
transmission zones which allows open storage uses with approval of a use permit.
2. Zoning and Land Use
North -
South -
East -
West -
C-C-P -
C-T-P -
S-94
S-94 -
Commercial Center
Mini Storage/Auto Center
RV Storage
Vacant
3. ProDosal
The proposal is for a five-year extension of an existing conditional use permit allowing
a storage yard for recreation vehicles. This CUP expired on June 12, 1995; however,
the application for extension was filed prior to the expiration date. The applicant is
further requesting that the City Council imposed requirement for the payment of an in-
lieu parks mitigation fee of $7,500.00 per year be discontinued.
4. Analvsis
The existing conditional use permit was approved by the City Council in June of 1990.
This approval was the culmination of a lengthy process beginning with the property's
annexation from the County during the Montgomery annexation of 1986. At that time
the property owner, Broadway Equities, was notified that the R.V. storage yard required
a conditional use permit from the City (it did not have the requisite major use permit
from the County and was therefore not considered "grandfathered").
In 1988 the Council, on appeal from a denial by the Planning Commission, approved the
recreational vehicle storage yard for an eighteen-month term, subject to certain
conditions. The conditional use permit was subsequently revoked by the Planning
Commission for the applicant's failure to comply with the conditions of the permit, and
a new permit was applied for and was ultimately approved on appeal by the City Council
in 1990.
The aforementioned proceedings primarily centered around the applicant's failure to meet
certain conditions of approval such as paving, screening, and landscaping, in a timely
manner. Further, the SDG&E easement areas were, at that time, among areas in
Montgomery under study for consideration as open space and park areas.
By the time of the Council's final consideration in 1990, the applicant had met all of the
original conditions of approval. Further, Council members at that time expressed
concerns about the ability to plan for permanent usage of the easement areas given
/7~.:l..
;:)
Page 3, Item 12
Meeting Date 12/5/95
unresolved public health concerns regarding the question of electro-magnetic fields
(EMF) effects. As a result, the conditional use permit was approved subject to a time
limitation of five years, which was intended to provide time for the special staff studies
which would resolve the issue of appropriate land uses for this and other properties under
the easements (please see minutes from 1990 City Council consideration, as well as
approving Resolution No. 15674, attached).
Since the 1990 approval of the conditional use permit, the EMF issue remains largely
unresolved; there has been no definitive resolve of the question of potential health risks
associated with permanent usage of areas in and around electric transmission towers and
lines. As a result, the City has not been able to conclude studies regarding permanent
land uses for the SDG&E easement areas, and the Parks and Recreation department has
no plans for park uses on this site for at least the next five years.
There are two major efforts underway to assess the effects of EMF. One series of
studies funded by a $65 million appropriation from Congress was originally expected to
be completed by 1997 but is now anticipated to be completed in approximately five years
according to SDG&E. Another major study by the National Cancer Institute is also
expected to be completed within five years time.
As noted earlier, when the Conditional Use Permit was originally approved by the City
Council in 1990, the $7,500 annual parks in-lieu fee was applied as a mitigation fee in
order to allow the storage yard to continue to operate on land which would otherwise be
open space or park land. The condition reads as follows:
"This Conditional Use Permit is expressly conditioned upon the payment by the
applicant of an in-lieu mitigation fee in the sum of $7,500 per year, payable to
the City Director of Finance at the rate of $625.00 per month on or before the
10th of each calendar month. This in-lieu mitigation fee is acknowledged by the
applicant as arising out of a reasonable nexus between the use of the property as
an RV storage park instead of other open space or parks and recreation use, for
which the property is more appropriate. Accordingly, the amounts paid by
applicant during the life of this Conditional Use Permit shall be placed in an
appropriate fund or funds related to acquisition and/or maintenance of open space
and/or parks and recreation facilities in the City of Chula Vista."
The original circumstances surrounding the property still exist (the property is designated
in the Montgomery Specific Plan for Parks and Recreation/Open Space); the nexus, as
originally acknowledged by the applicant, is therefore still present. However, the City
has collected $39,375 from the applicant to date; $23,750 of these monies have been
spent on renovation of play equipment in Lauderbach Park, and the remaining funds are
17')
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Page 4, Item 12
Meeting Date 12/5/95
unexpended. Staff believes that the monies paid by the applicant to date constitute
sufficient mitigation for the loss of the property as park land and/or open space.
The recreational vehicle storage facility has operated without incident for the past five
years and all conditions of approval have been met. The City has received no complaints
regarding the site and has had no code enforcement activities involving this property.
The storage yard is open from 7:00 a.m. to 7:00 p.m. After hours, a night watchman
is employed which has apparently provided effective security for the site. The paved
driveway leading to the entry gate is well maintained, as is the landscape buffer along
the property's Broadway frontage.
5. Conclusion
Based upon the existing condition of site, its operational history of the past five years,
and the fact that pending EMF studies and the long-term planning for SDG&E easement
areas is not expected to be concluded for five years, staff recommends approval of the
five-year extension, subject to the conditions stated in the draft Council Resolution.
The proposed conditions of approval include a provision for extension by the Planning
Commission, upon finding that the issues discussed above remain unresolved or, if
resolved, that the City has determined that open storage uses are appropriate permanent
land uses for the area. (Note: Conditional Use Permits for RV storage yards are
normally subject to Planning Commission approval only. This extension request is being
forwarded for Council consideration because of the request to delete the annual in-lieu
parks fee imposed by Council when the application was approved in 1990.)
As to the request for the discontinuance of the parks in-lieu fee, the applicant has paid
$39,375.00 into the parks in-lieu mitigation fund. Although the stated factors supporting
the fee are not expected to change for at least the next five years, staff believes that the
amounts paid by the applicant to date are proportional to the loss involved and therefore
recommends discontinuation of the fee as requested. The Parks and Recreation
Department supports this position.
FISCAL IMPACT:
The applicant has submitted a deposit to cover all costs associated with processing this
request.
Attachments
1. Council Resolution
2. Locator and Site Plan
3. Planning Commission Minutes and Resolutions
4. Minutes of Original Council Consideration (1990)
5. Resolution No. 15764, approving existing Conditional Use Permit PCC-90-25
6. Disclosure Slatement
(m:\home\planning\patty\pcc9025m.rep)
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RESOLUTION NO.
/3?'1?
A RESOLUTION OF TIlE CITY COUNCIL OF TIlE CITY OF CHULA
VISTA GRANTING A FIVE YEAR EXTENSION FOR CONDITIONAL
USE PERMIT PCC-90-25 TO BROADWAY PALOMAR RV STORAGE TO
OPERATE A STORAGE YARD FOR RECREATIONAL VEmCLES AT
1375 BROADWAY
1. RECITALS
A. Project Site
WHEREAS, the parcel which is the subject matter of this resolution is
diagrammatically represented in Exhibit A attached hereto and incorporated herein
by this reference, and commonly known as Broadway Palomar RV Storage and
for the purpose of general description herein consists of 4.5 acres of land located
at 1375 Broadway ("Project Site"); and,
B. Project Applicant
WHEREAS, on May 23, 1995 a duly verified application for extension of a
conditional use permit (PCC-90-25M) was filed with the City of Chula Vista
Planning Department by Broadway Palomar RV Storage ("Applicant"); and,
C. Project Description; Application for Conditional Use Permit
WHEREAS, Applicant requests the extension of an existing conditional use
permit to authorize the continued operation of an existing recreational vehicle
storage yard for a five-year period ("Project"), subject to extension at the end of
that term, and is also requesting that the previous condition requiring payment of
a park mitigation in-lieu fee be discontinued on the Project Site, ; and,
D. Planning Commission Record on Application
WHEREAS, the Planning Commission held an advertised public hearing on the
Project on September 27, 1995 and voted 5-0 to recommend that the City Council
approve the extension in accordance with Planning Commission Resolution PCC-
90-25M; and,
E. City Council Record of Application
WHEREAS, a duly called and noticed public hearing on the Project was held
before the City Council of the City of Chula Vista on December 5, 1995 to
receive the recommendation of the Planning Commission, and to hear public
testimony with regard to same.
/ 7:.5
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NOW, THEREFORE BE IT RESOLVED that the City Council does hereby find,
determine and resolve as follows:
I. PLANNING COMMISSION RECORD
The proceedings and all evidence on the Project introduced before the Planning
Commission at their public hearing on this project held on September 27, 1995, and the
minutes and resolution resulting therefrom, are hereby incorporated into the record of
this proceeding.
II. ENVIRONMENTAL DETERMINATION
The Environmental Review Coordinator has concluded that the Project is exempt from
environmental review under the California Environmental Quality Act ("CEQA") as a
Class 1 exemption.
III. CONDITIONAL USE PERMIT FINDINGS
The City Council of the City of Chula Vista does hereby make the findings required by
the City's rules and regulations for the issuance of conditional use permits, as
hereinbelow set forth, and sets forth, thereunder, the evidentiary basis that permits the
stated findings to be made.
A. That the proposed use at the location is necessary or desirable to provide a
service or facility which will contribute to the general well being of the
neighborhood or the community.
The recreational vehicle storage yard provides a facility which assists property
owners in keeping large recreational-type vehicles off of the public streets, which
is desirable and contributes to the well-being of the community. Landscaping
improvements made to the property by the applicant, have further contributed to
the well-being of the neighborhood in which this property is located.
B. That such use will not under the circumstances of the particular case, be
detrimental to the health, safety or general welfare of persous residing or
working in the vicinity or injurious to property or improvements in the
vicinity.
The existing RV storage yard has been legally operating under a conditional use
permit for the past five years, and has not proven to be detrimental to the health,
safety, or general welfare of persons or property within the vicinity. The project
will be similarly conditioned for the length of the five-year term of extension,
which will ensure that continued operations adhere to the same standards.
17-~
C. That the proposed use will comply with the regulations and conditions
specified in the code for such use.
Compliance with all applicable codes, conditions, and requirements shall be
required throughout the duration of this use.
D. That the granting of this conditional use permit will not adversely affect the
general plan of the City or the adopted plan of any government agency.
The approval of this permit is consistent with City policies, the Montgomery
Specific Plan, and the General Plan.
IV. TERMS OF GRANT OF PERMIT
The City Council hereby grants Conditional Use Permit PCC-90-25M subject to the
following conditions:
I. The term of the Conditional Use Permit shall be for a maximum of five years and
shall expire on December 5, 2000, and thereafter, the Applicant will no longer
be allowed to continue the use herein permitted after this date, unless further
extended. Applicant is hereby advised that the duration of this permit may not
provide the Applicant with an opportunity to receive a reasonable return on any
investment that may require a longer amortization term than allowed by this
permit. Any such investment will be made at the Applicant's risk. Any
subsequent extensions of this permit may be approved or denied by the Planning
Commission, in accordance with Municipal Code Section 19.58.400. Any
application for extension shall be submitted to the Planning Department a
minimum of three months prior to the expiration date.
2. The Conditional Use Permit shall allow for the operation of a recreational vehicle
storage yard, as provided for in Section 19.58.400 of the Chula Vista Municipal
Code. Storage shall be limited to recreational vehicles, as well as a limited
number of automobiles, trucks, and other similar vehicles. All vehicles shall be
operable, and no dismantling or repair work shall be permitted on the Project
Site. The applicant shall provide a current list of types of vehicles which are
intended to be stored on site, which shall be subject to the review and approval
of the Director of Planning for conformance with this condition.
3. No vehicles over 14 feet in height, or stacking of vehicles or materials on
vehicles resulting in a height greater than 14 feet, shall be permitted on the
Project Site.
4. No vehicles or materials over 6 feet in height shall be located within 30 feet of
the fence along Broadway.
I?'l
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5. The hours of operation of the facility shall not be greater than 7 a.m. until 7 p.m
daily.
6. All improvements, including landscaping and screening, shall be maintained by
the applicant. Landscaping shall be maintained as originally approved and
installed, as indicated in the landscape plan dated May 11, 1988 (Project No. 88-
03) on file in the office of the Planning Department.
7. The applicant shall maintain effective security measures for the purpose of
ensuring a Project Site.
8. The Applicant shall utilize a standard rental or lease agreement, to be approved
by the Planning Director, for all space rentals, which shall include the following
information relative to restrictions contained in the Conditional Use Permit:
a. Types of vehicles which are allowed to be stored on the site.
b. Height restrictions on vehicles within the facility.
c. Other use restrictions.
d. Notification that the use may be terminated with notice after completion
of the Montgomery Special Study.
9. A report shall be filed with the City on an annual basis by the applicant, as
required pursuant to Section 19.58.400 of the Chula Vista Municipal Code. The
report shall include the following:
a. A copy of the standard space rental or lease agreement, referenced in
Condition No.8, and verification that this agreement has been utilized for
all space rentals during the previous year;
b. Verification of property maintenance in accordance with conditions of
approval (e.g., photographs of site, copy of contract for landscape
maintenance) ;
c. Any other information which the City deems necessary and reasonable to
determine compliance with the conditions of the Conditional Use Permit,
as determined by the Director of Planning.
10. The previously-required parks in-lieu mitigation fee is hereby discontinued.
}7~f)
V. ADDITIONAL TERMS AND PROVISIONS OF GRANT
1. Comply with all City ordinances, standards, and policies except as otherwise
provided in this Resolution. Any violation of City ordinances, standards, and
policies, or any condition of approval of this Conditional Use Permit, or any
provision of the Municipal Code, as determined by the Director of Planning, shall
be grounds for revocation or modification of this Conditional Use Permit by the
City of Chula Vista.
2. This approval shall be subject to any and all new, modified, or deleted conditions
imposed after adoption of this resolution to advance a legitimate governmental
interest related to health, safety or welfare which City shall impose after advance
written notice to the grnntee and after the City has given to the grantee the right
to be heard with regard thereto. However, the City, in exercising this reserved
right/condition, may not impose a substantial expense or deprive Grantee of a
substantial revenue source which the Grantee can not, in the normal operation of
the approval granted, be expected to economically recover.
3. This conditional use permit extension shall become void and ineffective if not
utilized within one year from the effective date thereof, in accordance with
Section 19.14.260 of the Municipal Code.
VI. EXECUTION AND RECORDATION OF RESOLUTION OF APPROVAL
This document shall be recorded with the County Clerk of the County of San Diego, at the sole
expense of the property owner and/or applicants, and a signed, stamped copy returned to the
Planning Department. Failure to return a signed and stamped copy of this recorded document
within thirty days of recordation to the Planning Department shall indicate the property
owner's/applicants' desire that the project be held in abeyance without approval.
VII. INVALIDITY; AUTOMATIC REVOCATION
It is the intention of the City Council that its adoption of this Resolution is dependent upon the
enforceability of each and every term, provision and condition herein stated; and that in the
event that anyone or more terms, provisions or conditions are determined by a Court of
competent jurisdiction to be invalid, illegal or unenforceable, this resolution and the permit shall
be deemed to be automatically revoked and of no further force and effect ab initio.
Presented by
Approved as to form b
ruce M. Boogaard
City Attorney
Robert A. Leiter
Director of Planning
(m:\shared\planning\pcc9025M. res)
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LOCATOR AND SITE PLAN
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PROJECT
LOCATION
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PALOMAR
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CHULA VISTA
LOCATOR PROJECT
APl'UCNolT:
Broadway Plomar
RY Storage
1375 Broadway
PLANNING DEPARTMENT
CONDITIONAL USE PERMIT
PROJECT
ADDUSS:
IleqUNfI For modilic:atiolll of condition. of an
approval to Reto. 1567.c, and 5 year atelllion.
SCAl!:
.cOO'
fU NUMlER:
PCC. 90 .25M
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PLANNING COMMISSION
MINUTES AND RESOLUTION
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~ 17--/IP
RESOLUTION NO. PCC-90-25M
.
A RESOLUTION OF THE CITY OF CHULA VISTA PLANNING
COMMISSION RECOMMENDING THAT THE CITY COUNCIL GRANT
A FIVE YEAR EXTENSION FOR CONDITIONAL USE PERMIT PCC-90-
25 TO BROADWAY PALOMAR RV STORAGE TO OPERATE A
STORAGE YARD FOR RECREATIONAL VEIDCLES AT 1375
BROADWAY
WHEREAS, a duly verified application for an extension of a conditional use permit was
fIled with the City of Chula Vista Planning Department on May 23, 1995 by Broadway Palomar
RV Storage ("Applicant"); and
WHEREAS, said application requested that the Applicant be granted an extension of time
for a recreational vehicle storage yard located at 1375 Broadway ("Project Site"); and
WHEREAS, the Planning Commission set the time and place for a hearing on said
conditional use permit application and notice of said hearing, together with its purpose, was
given by its publication in a newspaper of general circulation in the city and its mailing to
property owners and residents within an area greater than 500 feet of the exterior boundaries of
the property at least 10 days prior to the hearing; and
WHEREAS, the hearing was held at the time and place as advertised, namely
September 27, 1995 at 7:00 p.m. in the Council Chambers, 276 Fourth Avenue, before the
Planning Commission and said hearing was thereafter closed.
. NOW, THEREFORE, BE IT RESOLVED THAT THE PLANNiNG COMMISSION
hereby fmds that the project is exempt from environmental review under CEQA as a Class
1 exemption.
BE IT FURTHER RESOLVED THAT THE PLANNING COMMISSION hereby
recommends City Council approval of the extension in accordance with the attached draft
City Council Resolution and the fmdings and conditions related to the extension (but not
the parks in-lieu fee) contained therein.
BE IT FURTHER RESOLVED that a copy of this resolution be transmitted to the
applicant and the City Council.
PASSED AND APPROVED BY THE PLANNING COMMISSION OF CHULA
VISTA, CALIFORNIA, this day 27th day of September 1995 by the following vote, to-wit:
AYES:
NOES:
ABSENT:
Chair Tuchscher, Commissioners Ray, Davis, Thomas, Willett
None
Salas and Tarantino
.
William C. Tuchscher III, Chair
Nancy Ripley, Secretary
."'>- 7 .,.....
/7-/7
Excerot from 9/27/95 Planning Commission Minutes
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ITEM 2.
PUBLIC HEARING: CONDITIONAL USE PERMIT PCC-90-25M; REQUEST
FOR FIVE YEAR EXTENSION TO AN EXISTING CONDITIONAL USE
PERMIT FOR AN RV STORAGE YARD AT 1375 BROADWAY, WITmN
THE S-94 ZONE - Broadway Palomar RV Storage
Principal Planner Griffin gave the staff report, stating that the property was 4-1/2 acres located
on the east side of Broadway, south of Palomar within the SDG&E easement. The property,
zoned County S-94, is designated as a Special Study Area under the Montgomery Specific Plan
Area. The property has for several years contained a 350-space RV storage lot, which was
approved by the City Council in 1990 for a five-year period. The request before the Planning
Commission was to have the use extended for an additional five years. There had been special
studies pending regarding the use of the easement areas in Montgomery for possible use as
public parks. Because of the EMF issue, the special studies had been put on hold, and the
property would not be needed for park purposes for at least five more years. Staff, therefore,
recommended approval of the extension in accordance with the resolutions before the
Commission.
Commissioner Ray noted that an announcement had been made to the SupreJ;lle Court that the
EMF was not a danger. He asked if that would expedite anything. Mr. Lee felt the debate
would go on for years. ~
Commissioner Ray asked what substantive study the City would rely on, and if there was a State
or Federal study. Mr. Griffin said he understood that a lot of independent scientific studies had
been done which had shown mixed results. There were a couple of major studies funded by
Federal agencies that were currently underway that should prove it one way or the other.
Commissioner Willett asked if park in-lieu fees were being discontinued in this proposal or if
it would be in another one. Mr. Griffin replied that it was part of this request, but since it was
not really a land use issue and had been imposed by Council at the time they had heard the item
in 1990, staff did not feel it was appropriate for the Planning Commission to make a
recommendation.
This being the time and the place as advertised, the public hearing was opened. No one wishing
to speak, the public hearing was closed.
MSC (Thomas/Davis) 5-0-2 (Commissioners Salas and Tarantino excused) to grant the
conditional use permit, PCC-90-25M.
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MINUTES OF ORIGINAL
COUNCIL CONSIDERATION
(1990)
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June 12, 1990
j
Excerot from 6/12/90 Council Meetim!:
,
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* * I!ND OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLtmONS AND ORDINAlITr.R!i:
. >> 20A PUBUC HEARING PCC90-2SM: APPEAL OF PLANNING COMMlSSION'S DENIAL OF
CONDmONAL USE PERMIT; REQUEST FOR RV STORAGE AT 1375 BROM:JWAY . BROM:JWAY EQUITIIlS
LTD. (continued Crom 5/8/90 at the request of the applicant) Staff recommends approval of the appeal of
the Planning Commission's decision on PCC.90-25M subject to staff conditions. (Director of Planning)
This being the time and place as advertised, the public hearing was declared open.
-e
Robert Leiter, Director of Planning, stated Council had heard two appeals by Broadway Equities at the
5/15/90 meeting. Staff has drafted conditions and met with the Montgomery Planning Committee. Staff
is recommending approval of the conditional use permit with the conditions. There is one minor difrerence
in wording from the staff report and the resolution in Condition #10. Staff recommends the language in
the resolution, as the Montgomery Planning Committee has recommended the money not be used for
maintenance.
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/7~d,1
MIijUTES
.9......
June 12, 1990
Councilman Nader stated the recommendation from the Montgomery Planning Committee was to deny the _
CUP. The recommendations were listed contingent upon the Council granting the CUP, ,
Bob Kolodny, 11975 E1 Camino Real, San Diego, California, representing Broadway Equities, stated the
applicant has worked with the commissions and the staff and has agreed to all conditions. They have
received cooperation from SDG&E, who have agreed to make their improvements a condition of the
conditional use permit.
Paul L. Greene, 141 Lotus Drive, Chula Vista, California, representing the Greene family homestead,
referenced his past legal problems with the City of Chula Vista.
Pat Bames, representing SDG&E, stated SDG&E has agreed to move forward with the public improvements
on the west side of the easement. The funds have been allocated, a work order issued, and engineering has
begun.
There being no further public testimony, the public hearing was declared closed,
RESOLtmON 15674 GRANTING APPEAL OF PLANNING COMMISSION DENIAL OF
CONDITIONAL USE PERMIT AND GRANTING A CONDITIONAL USE PERMIT TO ALLOW OPERATION OF
A RECREATIONAL VEHICLE STORAGE LOT OPERATING AT 1375 BROADWAY. BROADWAY EQUITIES,
LTD.
RESOLUTION 15674 AS AMENDED OFFERED BY MAYOR COx, reading of the tat was waived, passed and
approved 4-0-1 with Councilman Malcolm absent. The amendment to Condition #10 of the resolution will
add "the money from the mitigation fee will be set aside for pm projects In the MontgQIDery area",
Councilman Moore questioned the sixty day time frame included in Condition #9 and whether it should be
removed. "
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City Attorney Boogaard responded the condition was written because SDG&E was the landlord on the site.
Mr. Leiter stated the condition was reviewed by the applicant and SDG&E and was agreed upon by both
parties.
Councilwoman McCandliss questioned what procedure will be utilized for ongoing monitoring.
Mr. Leiter stated a staff member will be assigned to the project to insure the time frames contained in the
conditions are being met. The applicant will also have to submit an annual report.
Paul L. Greene, 141 Lotus Drive, Chula Vista, California, inquired about the appeal procedure. He stated
he wanted to notify the Council of his intent to appeal Council decision.
"
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MINUTES
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May 15, 1990
Excernt from 5/15/90 Council Meeting
14.A. PUBUC HEARING PCC90-2SM: APPEAL OF PLANNING COMMISSION'S DENIAL OF
CONDmONAL USE PERMIT; REQUEST FOR RV STORAGE AT 1375 BROADWAY - BROADWAYEQUI1lES
LTD. (continued from 5/8/90 at the request of the applicant) Staff recommends denial of the appeal of
PCC.9Q-25M. (Director of Planning)
B. PUBUC HEARING PCC87-39M: APPEAL OF CHULA VISTA PLANNING COMMlSSION'S
REVOCATION OF CONDmONAL USE PERMIT - REQUEST FOR RV STORAGE AT 1375 BROADWAY _
BROADWAY EQumES LTD. (continued from 5/8/90 at the request of the applicant) Staff recommends
denial of the appeal of PCC-87.39M. (Director of Planning)
Robert Leiter, Director of Planning, presented the staff report.
This being the time and place as advertised, the Mayor declared the public hearing open.
Councilwoman McCandliss noted the special report was to have come back to Council in approximately
eighteen months. Due to the issue of electromagnetic radiation from the transmission lines, It would appear
the study will take an additional eighteen months. She questioned what staff's recommendation would be.
Mr. Leiter informed Council that the original specltic plan use for the SDG&E easement was for open space
for recreational type of uses. Since the Issue of electromagnetic radiation hazard has arisen, there Is a
concern about designating it for long-term recreational uses. The purpose for the additional time would be
to allow for studies conducted at State-wide levels to be completed in order to get a better Idea of the
hazards, If any.
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Councilwoman McCandliss stated the RV owners should be given immediate notice, so at the end of the
year/eighteen months, they would have adequate time to relocate. She questioned whether staff had any
additional recommended conditions.
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Mr. Leiter stated any additional enforcement would have to be from City staff actually going out and
monitoring the conditions of enforcement. The Council could consider some sort of monitoring program
where there would be periodic checks as to the compliance with conditions, to be paid for by the applicant.
This would be similar '0 the Mitigation Monitoring and Environmental Review.
Tom Beaty, 1485 Broadway, Chula Vista, California 92011, representing Broadway Equities Ltd., stated they
had spent in excess of $10 million dollars to build the auto center and mini-storage facility and
approximately $350,000 was spent to improve the RV storage facility. ThIs included approximately $140,000
spent for the improvements required by the Council in 1988. At the time the Conditional Use Permit was
granted, it was their understanding that the permit was for eighteen months or until the special studies were
completed. All conditions at this point have been completed and were substantially completed in October
of 1989. The only two items at that time not completed was a small portion of the screening fence around
the property; areas between the Orange Tree Mobile Home Park RV storage, as wen as areas abutting other
existing properties and buildings. He urged the Council to approve the Conditional Use Permit, or at least
allow them to stay for a minimum of two years until the special study is completed, so that a determination
could be'made for the ultimate use of the open SDG8cE property that they have improved.
Councilwoman McCandliss questioned whether the RV space renters were notified they would have eighteen
months to remain at this location.
Mr. Beaty replied all renters had been notified by letter and the response was panic.
ErIc Larson, 1485 Broadway, Chula Vista, California 92011, Manager for Broadway Palomar Self Storage and """"
Broadway Palomar RV Storage, stated he receives two calls per day from the publlc inquiring about the
storage facility. He also stated the facility receives numerous compliments regarding the landscaping, and
noted the employees are often picking up trash on the empty lot.
David Barrett, 1404 Broadway, Chula Vista, California 92011, requested the storage facility be allowed to
stay. He felt they have been good neighbors and have improved the property.
Robert Kolodney, 11975 Camino Real, San Diego, California 92014, representing Broadway Equities, stated
Mr. Beaty had apologized for the delays, spent $340,000 for improvements on the facility, and felt every
element necessary for a Conditional Use Permit existed in this situation. The Permit would not be
detrimental to the health, safety, welfare of the persons working around the facility, affect the General Plan
of the City, and would provide a desired service to the community. He and his client had left the July 1988
meeting believing the applicant had the right to stay until the special study was completed. He felt all the
Code requirements had been satisfied and that a Conditional Use Permit should be granted. They were
willing to come back in a couple of years when the special study is completed. If the Permit was granted,
conditioned upon some additional landscaping and more permanent screening, in light of the applicant's
$300,000 expenditure on a 2S-year license, he might consider that.
Bob Greenwald, 1409 Broadway, #103, ChulaVista, California 92011, owner of Greenwald Auto Repair
srated several business in the automotive center use the lot to store customer vehicles overnight. He noted
that when the Permit was before the Montgomery Planning Committee, no one spoke against It, but it was
still turned down. He questioned the possible use if the Permit was denied.
Lee Wheeland, 1630 Walnut Drive, Chula Vista, California 92011, representative from the Montgomery
Planning Committee, stated several members had spoken against the Permit. One main concern was the
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illegal use, and the promise of improvements was not fulfilled. The Committee did not want to give them
another chance, and she noted there were many storage areas in the Montgomery area.
Councilman Malcolm responded he would only consider an extension on a thirty-clay basis on conclltion that
additional improvements be put in. According to his information, the applicant was U)'ing to tell the
propertY.
Nancy Palmer, 971 Fourth Avenue, Chula Vista, California 92011, gave a slide presentation and informed
Council they were trying to overcome a long history of abuse and neglect in the area.
There being no further public testimony, the Public Hearing was declared dosed.
Mayor Cox stated Council had given Mr. Beaty sixty days to complete the Improvements and it was not done.
He questioned why It was August of 1989 before It was brought to the Montgomery Planning Committee.
Mr. Leiter stated it was approximately one year before staff became aware of the non-compliance. The City
does not have a proactive enforcement program, and normally staff is notified by complaints being filed.
Mayor Cox expressed his concern that if the Permit was denied, there would be a reversion of the
landscaping that is there. He stated his preference for the propertY would be an open space corridor, but
until a special study is completed, he did not feel the City had anything to gain by not allowing the existing
use to remain. He suggested the use be allowed to continue for a period of twenty-four months, in hopes
the special study would be done in eighteen months. If this Is allowed, he would want to see a requirement
in all leases that the use is only permitted for a period of twenty-four months.
Mr. Leiter stated it was his understanding that the concern over electromagnetic racllation has reached State
level, where they have commissioned research studies which will not be completed for at least eighteen
months. Until those are completed, it was staffs opinion that long.term land use decisions should not be
made in those areas.
Councilwoman McCancl1iss stated the easement across the street was not being maintained. She expressed
her concern over lack of an initial evaluation to see if the original conditions had been met. She stated the
conditions were placed as temporary solutions to an lIlegal use, but until there is some decision as to what
the land use should be, it is difficult to have them leave.
Councilman Nader stated that if the use is continued, he was uncomfortable with a fixed twenty-four month
period. It should be extended on the premise that the land use be allowed until the study is done, and
nothing over ten feet should be stored.
RESOumON 15589 DENYING APPEAL PROM PLANNING COMMISSION REVOCATION OF
CONDmONAL USE PERMIT PCC-87-39M AND TO DENY APPEAL OP CONDmONAL USE PERMIT PCC-90-
25M REGARDING AN R. V. STORAGE FAClUlY AT 1375 BROADWAY - BROADWAY EQUI11BS LTD.
MSUC (CoX/Ma1colm) to deny the appeal of the revocation of Conclltional Use Permit.
M (Cox) to continue the public hearing, and dlrect staff to come back with a raolution granting the
Conclltional Use Permit subject to conclltions. Motion cIled for lack of second.
Councilman Malcolm questioned the cost to plan, and get ready, a four and one-half acre, green open space.
Jeny Foncerada, Acting Director of Parks and Recreation, estimated the cost to be between $100,000 and
$125,000 per acre to plant.
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Councilman Malcolm wanted to see a $10,000 to $20,000 fee attached as a mitigation fee in order to allow
the continued usage of the property. The fee would then go to the Montgomery Park Pund to be spent in
the area to develop open space and to Improve the area. If staff conditions were attached, have them comply
with the ordinance regarding what kind of uses are going to be there, and get full compliance with some
kind of mitigation fee for the area, he would be willing to support moving forward until the special study
is back from staff.
"'"""
Mayor Cox stated SOG&E had previously agreed to put in improvements on the opposite side of the street,
and he was not sure what priority this item was. He felt if SDG&E would move forward with those
Improvements, Council could, as a condition of approval, require the applicant to landscape the area directly
across the street.
Councilman Malcolm expressed his concern regarding the maintenance and felt the mitigation fee would
be something to be sent back to the Montgomery Planning Committee. He wanted to keep the money
designated for a park fund, let the community group decide what to do with it, and come back to Council
with recommendations.
MSUC (Malco1m/Moore) refer back to staff for proper mitigations and for . proper mitigation fee.
Assistant City Attorney Rudolf informed Council there were several legal questions. He noted SOG&E had
agreed to make Improvements across the street, and they have not been done. Since the SOG&E
representative was present, he questioned what their intent was, and if necessary, address the legal issue
of whether SOG&E needs to be made a co-applicant with the applicant, with regard to the Conditional Use
Permit, since they are the owners of the property.
Pat Barnes, SDG&E representative, agreed they have been working on prioritizing a list, but she was
unaware of where this project was on the list. She stated it was the first she had heard about the agreement """"'I
for improvements. ~
Councilwoman McCanclliss stated staff could go back to the tape of the meeting to check.
OTIiER BUSINESS
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Minutes from 5/8/90 Council Meetinl!
18.A. PUBUC HEARING PCC-90-2SM: APPEAL OF PLANNING COMMlSSION'S DENIAL OF
CONDmONAL USE PERMIT; REQUEST FOR RV STORAGE AT 1375 BROADWAY - BROADWAY EQUITIES
LTD. (continued from 4/17/90 at the request of the applicant) Staff recommends denial of the appeal PCC-
9O.25M. (Director of Planning)
Mayor Cox noted that Mr. Beatty was ill and requested that the public hearing be continued for one week.
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Excernt from 4/17/90 Council Meeting
.. .. END OP CONSENT CALENDAR .. ..
PUBUC HEARINGS AND II"" ~TED RESOLtmONS AND ORDINANr.Rl:
20.A. PUBUC HEARING PCC-~25M: APPEAL OP PUNNING COMMlSSlON'S DENIAL OP
CONDITIONAL USE PERMIT; REQUEST FOR RV STORAGE AT 1375 BROADWAY. BROADWAY EQUInES
LTD. . Staff recommends denial of appeal PCC.90.25M (Director of Planning)
B. PUBUC HEARING PCC-87.39M: APPEAL OF CHtJlA VISTA Pu.NNING COMMlSSlON'S
REVOCATION OP CONDITIONAL USE P~ . REQUEST POR RV STORAGE AT 1375 BROADWAY.
BROADWAY EQUInES LTD. . Staff recommends denial of appeal PCC-87.39M (Director of Planning)
RESOLUTION 15589 DENYING APPEAL FROM Pu.NNING COMMISSION REVOCATION OF
CONDITIONAL USE PERMIT PCC-87.39M AND TO DENY APPEAL OF CONDITIONAL USE PERMIT PCC-~
25M REGARDING AN R.V. STORAGE PACUTY AT 1483 BROADWAY - BROADWAY EQUInES LTD.
This being the time and place as advertised, the public hearing was declared open.
Bob Leiter, Director of Planning, informed the Council that the applicant had established an RV storage lot
five years ago with obtaining a permit from the County. Staff hu received complaints regarding the facility
and based on that, it was brought forward to the Planning Commission and the Council for revocation of
their Conditional Use Permit. On 7/12188 the Council granted an 18 month Conditional Use Permit or until
a special study had been completed by the Planning Department. As part of the approval Council set certain
conditions that were to have been completed. In August of 1989, the Planning Director directed staff to
begin revocation procedures as these conditions had not been met. The Planning Commission voted to
revoke the original Conditional Use Permit on 10/25/89 with a 4.2 vote. The applicant then applied for a
new Conditional Use Permit for the facility and the on 1/3/90 the Montgomery Planning Committee voted
unanimously to deny the request. The Planning Commission voted on 1124190 to deny the request. The
applicant has now submitted appeals on both decisions. Staff is recommending denial of the appeals, if
Council does grant a new Conditional Use Permit, staff has listed several recommendations.
Councilman Malcolm stated that the applicant should be given the option of having the item heard before
a full Council. He informed the applicant that it would take a unanimous vote of the Council tonight because
there were only three members of the Council present.
The representative from Broadway Equities stated he would prefer a hearing before a full Council.
MSC (Co~cCandliss) to continue the item to the Council meeting of 5/1/90 at 4:00 p.m.
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Councilman Malcolm stated that Broadway Equities should address why they did not keep their end of the .......
bargain when the City did. He would like to have a letter explaining why they did not put In whatever they ,
had committed to and why Council should overrule their Commissions.
Councilwoman McCandliss noted the references during the public hearings to the SDG&E right-of.ways and
the need for clean up.
Mayor Cox clarified the fact that the usage for the SDG&E easement had not been decided but that there
was a special study being conducted with the recommendations due in approximately 18 months. He
informed the Council that the applicant would be out of town until 5/8/90 and would be unavailable for
the 5/1/90 meeting.
MSC (Cox/McCandliss) to reconsider prior motion to continue item 20.\ and 208 to the meeting of 5/l/9O.
Approved 3'()'2 with Councilmembers Moore/Nader absent.
MSC (Cox/McCandliss) to continue item 20A and 20B to the Council meeting of 5/8/90. Approved 3.()'2
with Councilmebers Moore/Nader absent.
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RESOLUTION NO. 15764
APPROVING ORIGINAL
CONDITIONAL USE PERMIT
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. RESOLUTION NO. 15674
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
GRANTING APPEAL OF THE PLANNING COMMISSION DENIAL OF A
CONDITIONAL USE PERMIT AND GRANTING A CONDITIONAL USE
PERMIT TO ALLOW OPERATION OF A RECREATION VEHICLE STORAGE
LOT OPERATING AT 1375 BROADWAY - BROADWAY FQUITIES, LTD.
The City CO.uncil of the City of Chula Yista does hereby resolve as
follows:
WHEREAS, in 1985 Broadway Equities Ltd. established an R.V. storage yard
in a then County area without obtaining the legally required major use permit
under County procedures, and
WHEREAS, in 1986 the area in which the R.Y. storage yard was maintained
was annexed to the City of Chul a Vista, and, .
WHEREAS, in February, 1986, Broadway Equities was notified that its use
was unlawful and required a conditional use permit, and
WHEREAS, in April, 1987 Broadway Equities applied for a conditfonal use
permit for said use, and
. ; :. WHEREAS, on Jui~ I j ~~; ~ 9~8' i~e, ~Jty c.oiu~~d ,(,,;~!n~ed th~ -app~al ~~} Br04dway,
Equities from denial of the conditional use permit application 'by"the
Montgomery Area i, Planning . Conrni~t,@ I al'd.. ;t~e, ..thulaV:ista i .City. Planning
Commission and grantedConditiOflal U.se fe,rmh, PCC-87~39M for.18 ~9ri~hs,silbj~H
to certain conditions, and . . . '
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. i WHEREAS, on Octob~r 25, ,1989' jthe Chula; Vista, ,City Planning Commi ssion
revoked, ,the Conditional ,;Use iP,ermi~. PC~';';87c"'39,M, f9r ,applicant's, 'aU~r~, .~!l
timely complywit~ the.cPl1d1t'9!1S pf F~itm~~~ ~M ~pp~i~~'~rM~e~~, ~ppeillFd
said revocation, and .:;::' ,:!Z ",',
" WHEREAS,: "in i Jan,uary 1 ~90, ,appJ icat;lt., file,:!.:- an, (app'i~ation, I for a new
COl.lditional,use.pef1lli~ .for"the;;~all)e"site for the sam~,us~, a~don,~anu~r.y" 24.
H~90:o i ;th!!3hUl a,V~'$t, .~.ity ~lanl!i;ng, "ColIII\iss~on f,d~~1eq r~pplica~t~,s. appl~~a,t'pi'l
for a new conditional use permit in PCC-90-25M, and applicant tfm~'~;,ppet~~~
said denial, and
WHEREAS, 'said appeals have been combined for joint consideration and came
on for hearing on May 10 and May 17, 1990, and the Council having heard
evidence in a public hearing and being fully informed in the premises, and ,
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Resolution No. 15674
Page 2
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WHEREAS, staff was directed to bring back suitable, findings to grant an
appeal, and
WHEREAS, an Initial Study IS 87-56M of possible adverse environmental
impacts of the project was conducted by the Environmental Review Coordinator
on May 22, 1987 who'concluded that there would be no significant environmental
effects and recommended that a Negative Declaration be adopted.
NOW, THEREFORE, BE IT RESOLVED that the Ci~ Council of the Ci~ of Chula
Vista does find that it has considered the information contained in IS 87-56M
prior to making a decision on this project, and hereby certifies that said
'Negative Declaration has been prepared in accordance with CEQA and the
Environmental Review Procedures of.the City of Chula Vista.
BE IT FURTHER RESOLVED that the appeal of the Planning Commission
Revocation of Conditional Use Permit PCC-87-37M is denied as both correct on
the merits and moot.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
does hereby grant the appeal of the Planning Commission denial of a
Conditional Use Permit and hereby grants a Conditional Use Permit to Broadway
Equities, Ltd. to allow operation of a recreation vehicle storage lot
operating at 1375 Broadway, based on the following findings: ,
1. The proposed use as conditioned is not in conflict with the adopted
specific plan for the Montgomer,y area, "Special Study Area." ,
2. Effective visual screening, landscaping and the provision of adequate
fire protection systems are a benefit to the property and are an improvements
to the area.
3. The proposed use does meet with the regulations and conditions
specified in the Code for landscaping, height limitations and visual screening
and as such complies with the regulations and conditions specified in the Code
for such use.
"
4. The granting of this major use permit IS conditioned would not
conflict with the planning and design proposals of the Montgomer,y Specific
Plan and, therefore, will not adversely affect the General Plan of the Ci~ of
Chula Vista.
BE IT FURTHER RESOLVED that the Conditional Use Permit No. PCC-90-25 is
SUbject to the following conditions:
.
1. No vehicles over 14 feet in height, or stacking of material on vehicles
resulting in a height greater than 14 feet, shall be permitted on the
site.
2. No vehicles or materials over 6 feet in height shall be located within 30
feet of the fence along Broadway.
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Resolution No. 15674
Page 3
3. The Conditional Use Permit shall allow for the operation of .a
recreational vehicle storage yard, as provided for in Section 19.58.400
of the Chula Vista Municipal Code. Storage shall be limited to
recreational vehicles, as well as a limited number of' automobiles,
trucks, and other similar vehicles, which the City Council has determined
will provide a convenience to the residents of the area, and are similar
to and no more objectionable than recreational vehicles. All vehicles
shall be operable, and no dismantling or repair work shall be permitted
on site. The applicant shall provide a current list of types of vehicles
which are intended to be stored on site, which shall be subject to the
review and approval of the Director of Planning for conformance with this
condition.
4. The term of the Conditional Use Permit shall be for a maximum of five
years, or until Sixty days after the applicant receives written
notification from the City that the City Council has made a determination
as to the proper use for the San Diego Gas "Electric utility easements
and fee ownerships after completion of the Montgomery Special Study,
whichever comes first.
5. The hours of operation of the facility shall not be greater than 7 a.m.
until 7 p.m.
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6. All improvements, including landscaping, shall be maintained by the
applicant in a first-class condition.
"
7. The applicant shall utilize a standard rental or lease agreement for all
space rentals, which shall include the following information relative to
restrictions contained in the Conditional Use Permit:
a. Types of vehicles which are allowed to be stored on the site.
b. Height restrictions on vehicles within the facility.
c. Other use restrictions.
d. Notification that the use may be terminated with notice after
completion of the Montgomery Special Study.
8. A report shall be filed with the City on an annual basis by the
applicant, as required pursuant to Section 19.58.400 of the Chula Vista
Municipal Code. The report shall include the following:
a. A copy of the standard space rental or lease agreement, referenced
in Condition No.7, and verification that this Igreement hIS been
utilized for 111 space rentals during the previous year;
b.
Verification of .property maintenance in Iccordance with conditions
of approval (e.g., photographs of site, copy of contract for
landscape maintenance);
Any other information which the City deems necessary Ind reasonable
to determine compliance with the conditions of the Conditional Use
Permit, as determined by the Director of Planning.
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Resolution No. 15674
Page 4
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9. San Diego Gas & Electric shall install curbs, gutters, sidewalks, and
other rel ated improvements to that portion of the San Diego Gas &
Electric utility easement froDting on the west side of Broadway.. SDG&E
shall submit plans for these improvements within sixty (60) days of this
approval, and shall construct these improvements in accordance with a
schedule to be approved by the City Engineer and Director of Planning.
The City of Chula Vista will cooperate with SDG&E to expedite processing
of plans for these improvements.
10. This Conditional Use Permit is expressly conditioned upon the payment by
the applicant of an in-lieu mitigation fee in the sum of $7,500 per year,
payable to the City Director of Finance at the rate of $625.00 per month
on or before the 10th of each calendar month. This in-lieu mitigation
fee is acknowledged by the applicant as arising out of a reasonable nexus
between the use of the property as an RV storage park instead of other
open space or parks and recreation use, for which the property is more
appropriate. Accordingly, the amounts paid by applicant during the life
of this Conditional Use Permit shall be placed in an appropriate fund or
funds related to acquisition and/or development of open space and/or
parks and recreation facilities in the Montgomery Community.
Presented by
Approved as to form by
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o Leiter
Director of Planning
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Resolution No. 15674
Page 5
PASSED, APPROVED, and ADOPTED by the City Council of the City of Chula
Vista, California, this 12th day of June, 1990 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmembers: McCandliss, Moore, Nader, Cox
Councilmembers: None
Councilmembers: Malcolm
Councilmembers: None
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rtpory R. (;ox, '11lyor
ATTEST:
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STATE OF CALIFORNIA )
COUNTY OF SAN DIEGO ) ss.
CITY OF CHULA VISTA )
I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do
hereby certify that the foregoing Resolution No. 15674 was duly passed,
approved, and adopted by the City Council of the City of Chula Vista,
California, at a regular meeting of said City Council held on the 12th day of
June, 1990.
Executed this 12th day of June, 1990.
~{J.,~~
ever y . ut e e , Jerk
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DISCLOSURE STATEMENT
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1HE CITY OF anJLA VISTA DISCLOSURE STA~
You arc required to file a Statement of Discl9$ure of terlain ownership or financial interests, payments, or campaign
alnlrihutiuns, on all malle~ which will require discretionary action on the part of the Cily Council, Planning Commission, and """
all other official bodies. The following informalion must be disclosed:
I. LIsI the names of all persons having a financial interesl in the properly which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
S n ntv ~~n~~~~v n~T~~
B~~TY TNV~~TMF.NT CORPa dha
BQOanW1V 'PllT.OMI.'R 'RV ~rrnQlr:'F._L T~F.NSEE
2. If any person' Identified pursuant to (I) above is a corporation or parlnership,lislthe names of all individuals owning
more than 10% of the shares in the corporal ion or owning any partnership interest In the partnership.
TOM 'BEATY
NANCY BEATY
3. If any person. identified pursuant III (I) above 1.< nun-profit organization or a trust, list the names of any person
serving as director of thc non.profit organization or as trustee or bcneftciary or trustor of the trust.
N/A
"""'\
.c. Have you had more Ihan S2511 worth of business trans:lcted with any memher of the City staff, Boards, Commissions.
Commillees, and Council within the past Iwelve months? Vcs_ NolL. If yes, please indicale pcrson(s):
S. .Please identify each and every person, including any agenlS, employees, consultants, or independent contractors who
you have assigned to represent you hefore the Cily in this mailer.
FRANK BRINEGAR
Tn'tJv 'M~lJc:nT1'P
ROBERT KOLODNY
VICKI WY"TT
NANCY 'BF.~TY
6. Have you and/or your officers or agents, in the aggregate, conlributed more than $1,000 to a Councllmember in the
current or preceding election period? Ves_ NoL If yes, state which Councllmember(s):
· · · (NOTE: Attacb additloaaJ paaes .
Dale:
6/)/q"6
Signature of contract tcaDt
BROADWAY PALOMAR RV STORAGE
'T'nM 'Rfi'I.'T'V
Prinl or type Dame of contraetortapplicant
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. 1'.",." iI tkfi...d.... "All,. /lodi"",,,.( fi"", t..".,..-'"P, joiN _ "'0<_ _;.I dub. fr-..t ..,.,_.... t""fJONli.... _ .....Ietfi.." IJI'IdkIllt,
. 11114 Ill'" 0IIan COlt'II)'. cily tIIlJ/ COlt'",,', dty tN,U"ClfH'I;fJ'. ilistfit4 01 oilier poIiDcGl IIIbdiWlitN&, 01 .ry 0IMr ",. III ComJHn,atiOll ...,_ _waiL.
...... dtv' ~
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COUNCIL AGENDA STATEMENT
Item No.
Meeting Date
/<{
12/5/95
ITEM TITLB: Resolution I~J~gi - Approving Agreement Between
the City of Chula Vista and the Otay Water District
for the provision of Water Service in a Portion of
the city of Chula vista
SUBMITTED BY: City Manager~ 4{5ths Vote: Yes_ NO-1L
As you know, over a period of several years the City of Chula vista
and the otay Water District have had discussions, either through
the forum of the Water Task Force or at the staff level, concerning
the direction being taken by the Otay Water District regarding
above-ground water storage. The City had a basic concern, as
reflected in Otay's 1991 draft Facilities Master Plan, that an
excessive amount of money (tens of millions of dollars) would be
spent building terminal storage in tanks above-ground, rather than
using nearby reservoirs owned and controlled by other agencies.
This would take necessary money away from other infrastructure
needs related to sewer, drainage, streets, schools, fire stations
and parks. Part of the interaction between the City and the
District occurred in connection with a lawsuit filed by the City
challenging the fact that the draft Master Plan did not receive any
environmental documentation.
with pressure from the city, the District subsequently has gone in
a different, positive direction. Their draft 1995 Facilities
Master Plan emphasizes less covered storage and more utilization of
already available storage resources in the vicinity.
Another issue is that the city currently is attempting to get its
Sphere of Influence update approved, as well as annexation of the
western parcel of the otay Ranch. Otay has transmitted a letter of
concern regarding both the city's sphere and annexation proposals
and not only want the city to designate them as the preferred water
provider for the area, but to give Otay some certainty that they
will still be in business to build the major capital improvements
that they are attempting to construct.
In order to achieve both the City'S and the Water District's
objectives, a proposed 20-year agreement has been negotiated that
would basically set forth a framework for the working relationship
between the City and the otay Water District during the term of the
agreement.
RECOMMENDATION:
It is recommended that the resolution
approving the agreement between the City and
otay Water District for the provision of water
services to a portion of the city be adopted.
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DISCUSSION:
For several years the city has had a major concern with the otay
Water District's plan to spend a considerable amount of money on
above-ground terminal storage for the developing part of Chula
Vista. This is the City's eastern sector, and is the central
district for otay, which also serves the East Mesa and Spring
Valley.
In 1991, the otay Water District's Facilities Master Plan
significantly relied upon covered storage for various water
distribution purposes, including terminal storage. After a lawsuit
filed by the City of Chula vista, Otay went back to the drawing
boards. They have now developed the 1995 proposed plan, which is
going through environmental review and should be considered by
otay's Board of Directors within six months. This new plan does
meet the objective of the City of Chula Vista, which is to reduce
the overall cost of infrastructure for the eastern part of the
city. It is obvious that there is only so much money to provide
basic infrastructure for a developing area for water, sewer,
drainage, streets, schools and other pUblic facilities such as
libraries and fire stations. By one of these infrastructure
segments taking a disproportionate amount of money for development,
it hampers the ability for this part of Chula vista to grow and
develop in a reasonable and cost effective manner. The efforts by
the City to change the policy direction of the Water District is
reflected in the fact that the capital improvement program for the
water system was reduced from an estimated $225,605,000 in the 1991
plan to $87,105,000 in the 1995 plan. Of this reduction, it is
estimated that approximately $92,000,000 was the result of the
proposed reduction in terminal storage, and $33,700,000 is for
increased operating storage.
The proposed agreement offers a number of significant points from
the perspective of the City of Chula Vista. First of all, it
recognizes that otay is an independently governed public agency,
and that the City and otay agree that a long-term agreement is
desirable to fix the responsibilities of the City and otay with
respect to the provision of water services to meet current and
future needs of the City that are served by Otay. (Sweetwater
Authority also provides service to other parts of the City, not
provided by otay.) The city has the authority in its Charter to
franchise water service provision to another entity, or the City
can perform that service itself. Since the City is currently not
in the water business and otay is, and it appears that Otay has
solved many of their former operating problems as well as the water
storage issue alluded to above, it probably makes more sense for
otay to continue its provision of water service in Chula vista
rather than the City stepping into that service area.
Second, a commitment is obtained by Otay that they will provide
water service as needed to inhabitants within its boundaries, "in
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a cost effective and reliable manner". Public water agencies do
not have the responsibility of providing service in a cost
effective and reliable manner, as do private water companies. This
commitment is placed in the agreement, which we feel will be
beneficial to the residents of Chula vista.
Next, Otay agrees that its water rates within the City will be fair
and reasonable, and that the customers within the City would not be
discriminated against compared to customers of Otay who are outside
the city's jurisdictions, such as those in Spring Valley and the
East Mesa.
It should be noted that the above provisions as well as the ones
that follow are subject to a dispute resolution, which includes,
first, mediation, and if that fails, arbitration. If the matter
goes to arbitration and the arbitrators determine that otay did not
act reasonably in carrying out the terms of this agreement, the
arbitrator has the authority to require otay to come into
compliance with the agreement. So, if they are not following the
Master Plan as to storage, if the charges are not fair and
reasonable and non-discriminatory, if the water service is not
being provided in a cost effective and reliable manner, the
arbitrators can require Otay to come into compliance with those
provisions of the agreement. If they do not do so, the City has
the right to terminate the agreement and become a water provider
itself.
One of the critical parts of the agreement is Otay's Master Plan,
which is now going through environmental review. The proposed
agreement indicates that the final Master Plan must be
substantially similar to the draft Master Plan, with the provision
that not more than five average days of filtered water storage will
be provided, and that there be a dollar limit for future filtered
water storage that they shall not exceed. In the event that Otay
does not within two years approve a final Master Plan, the city has
the right to terminate this agreement, although the two year period
can be tolled during any lawsuit that may be brought against otay
challenging the adoption of its final Master Plan. There is also
a commitment by Otay once the Master Plan is developed that they
will implement that Master Plan. It is staff's judgment that once
that Plan is implemented, changes from the Master Plan in future
years would be financially difficult to accomplish and the District
would be significantly committed to that Plan as they begin
implementing it.
The agreement also provides that Otay will apply its "best efforts"
to pursue cost-effective storage and, in particular, to seek open
storage in Otay Lake. There are negotiations ongoing between otay
and the City of San Diego. I met last week with San Diego's City
Manager, who indicated that he did not see any major obstacles to
implementing such an agreement for the use of the otay Lake.
Arriving at an agreement is still subject to coming up with the
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right dollar amount for otay to expend in expanding the water
filtration plant at otay Lake so they can use it as back-
up/emergency storage for their water system.
The agreement specifically provides that in the event that otay
fails to diligently pursue this proposed agreement with the city of
San Diego, the City has the right to terminate the agreement
pursuant to its mediation and arbitration clause.
Another important point is that otay commits to buy from the City
as much reclaimed water as the otay Ranch area needs and is
available from any City water reclamation facility, or water
obtained from the City of San Diego in case that becomes part of
the equation in connection with our ongoing discussions on sewer
improvements with the city of San Diego.
The proposed agreement provides that, in terms of water facility
installations in City streets, upon demand otay will repair or pay
to the City the reasonable cost of repairs to City property,
including streets, resulting from the operations of otay. This
will include removing and relocating, without expense to the City,
any of otay's facilities if and when made necessary by a lawful
change of grade, alignment or widening of any public street, way,
alley or place. The only exception is if otay's facilities are
constructed within an easement, with prior rights in which case
otay will meet with the City and use its best efforts to seek an
agreement regarding the location and design of facilities which
will minimize the likelihood and cost of their future relocation or
removal.
Besides these major points in the proposed agreement, there are
other points that clearly are of interest to the city. These
include:
1. That otay agrees that it will not use its water rates or water
permitting authority, or any other aspects of their water
policy, for the primary purpose of regulating land use within
the city. This states otay's recognition that the City is the
authority for setting land use policy within its planning
area, not the Water District. This has been otay's past
policy and may not seem to be a major issue. However, it has
been an issue in other parts of the State and so it is
important, we believe, to articulate this policy in this 20-
year agreement.
2. There is a commitment toward cooperating and developing otay's
capital improvement program, with otay committing to meet with
city staff before implementing the program, and city staff
committing to provide otay with the latest growth projections
so this information can be incorporated into otay's ClP.
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3. Otay agrees to the joint use of facilities and agrees to meet
and confer with the City regarding any joint use proposals,
such as soccer fields being placed on top of constructed
reservoirs.
4. Since the city has a limitation by informal policy that there
should not be any property taxes or assessment greater than
$2.00 for every $100 of assessed valuation and since there was
a concern that otay, through their assessment practices, might
materially impact that limit without any control or input from
the city, otay agrees that their assessment and improvement
costs will not exceed 10 cents for every $100 in assessed
valuation. This is viewed by staff as a reasonable limit.
5. Otay agrees to continue to provide the existing sewer billing
service to the City that it has historically provided, on the
same terms and conditions, with reasonable increases allowed
so Otay can recover its costs.
6. otay not only withdraws any opposition to the current sphere
of influence and annexation proposal but supports the sphere
of influence amendment currently pending before LAFCO where
there is no dispute between the County and the City. They
further do not oppose any future plans for annexation of the
territory within the current or future boundaries of Otay and
the city, including but not limited to the western parcel on
the otay Ranch.
7. Finally, the City may impose a utility users fee to recover,
for example, the cost the City has expended in order to turn
the policy direction of the otay Water District to the point
it is now, as reflected in the attached agreement, saving the
developing eastern community tens of millions of dollars in
infrastructure costs.
This agreement reflects achieving the objectives of the city as it
relates to its concerns regarding the provision of water to the
areas served or which will be served in the city of Chula vista.
This properly could be characterized as a milestone agreement,
ending years of concerns, and occasionally clashes, between the
city and the District to the benefit of both agencies.
FISCAL IMPACT:
To the extent that the draft 1995 Master Facilities Plan of the
otay Water District is finalized, approved and implemented, there
is a projection that in the water system capital improvement
program, as much as $138,500,000 will be saved compared to the
previous Master Plan. In addition, this agreement provides to
Chula vista's residents, water service in a cost effective and
reliable manner with rates which are fair, reasonable and non-
discriminatory. Finally, it provides for potential savings in the
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sense of joint use of facilities, the economies achieved by
utilizing the Water District's mechanism for sewer billing, the
acquisition of reclaimed water from the City which otherwise might
be lost, as well as the ability to obtain reimbursement for past
expenditures leading to this agreement through the utility users
fee.
Attachments: Agreement
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AGR'RRMRJfl' BEl'WEBN THB CITY OF
CHULA VISTA' AND THB MAY WATBR
DISTRIcr FOR THB PROVISION OF
WATBR SBRVICB IN A PORTION OF THB CITY OF CHULA. VISTA
'lbia aar=nent cntaed inlo by aDd between tbe City of ChuJa VlIIa ("City"),
a cbarl:er city, and OIayWldS' DiIIrlct ("OIay.) a pubUc entity e-hlfRhI!d under tho
Mlln;~ WldS' Dbtrict Law of 1911 _ forth certain terJIII aDd CODCIitiolll WIder wbid1
the OIay WldS' Di8ttk:t Iha11 be the provider of relail water servicea within a pordoo of tbe
City of Chula V18Ia.
'R~AT-A~
A. OIay ia en indcpellllmtly governed public agency whlch ia responsible
by law aDd tllia asm'~t to provide water IIeMce as needed to inhabitants within its
bounclariea in a cost-effective and reIiab10 1II8IIllel'. Otay recopizes, tbrouah tbiI apemeot
that City 8tJeks to coontinatc the provision of lovcnunenta1 scrvk:ea to its inhabitsnta.
B. City and Otay desire a coopeoti.ve relationship 80 that their respective
pl.nnil\8 efforts will not conflict within tbe City's pl.nllu,llIRL
c. OIay de.siJeII to have a liable plAnnil\i enviromllcAt 80 that ita efforts to
provide water ~ to ita CUStomllrl through real""'" eo,,"l'" can go forward.
D. City aDd Otay IIpa that a Jona-la'Dl aar=ment ia dcahable to fix tbe
responsibilitiea of City aDd OIay with respect to tile provision of water aervlees to cumnt
and future a.telIS of City whlch will be served by Otay.
In consideratioo of which, the parties do hereby agree as follows:
1. RecitAl_. The reci.ta1a li8lIld above are correct aDd are incorporated
herein by reten:nce.
2. WafrJr Provider. City agrees that Otay will be tbe water supplier for
the purpose of ,fUmiSbiDg the City or itIlnbabitanta with relail water IIUYice for thole parts
of the City whlch are within Otay'. jurisdwo'l, and for such futute areu currently O'mIM
OIay's jurlodlction whlch are ............! to the City alOIla its easfrJrJl boundaries, IlltCCpt areu .
within Sweetwater Authority'. jurisdictioll., OIay sbal1 be msponsIble by law and tbiI
aar=ment to pnMdc water service as needed to the inhabilllnts of such territories in a ~
effectI.ve aDd :l""ll.h~ manner.
3. TP.rm~ TP.rmination. The term of this agreetnent sbal1 be 20 yem from
the date of signature by the City. 1bis apement may be terminatecl earlier only as provi.dcd
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puDUIIIIt to per:a&raPhs 5 or 14, bereof. Upon termination or expiIaIkla of th1a apeemcnt.
Olay shall thea have the ri&bt to continue to serve water IIIIder the powell of a mUllic:lpal
water dis1rlct. IIId City shalltbm have the riaht to adopt any law or otdinance within ita
authority.
4. Water bra.. Olay agIecs that the waler rates it charges within tho
City shall be fair and reuoI'Ah1e, IIId abal1 not cliIcriminale AgIIlftd cua1DmcrJ wilhin City, ..
compared to customers outside the City's jurlsdk:tion.
S. UAAteI' Plan. Otay aarees that it shill adopt, wilhin 2 years of tho
effective dale of th1a apcc:ment, a final Master Plan fur tho proviaioIl of water facilities
within tbe City which is substantially similar to the Mont&OJll~ Wauon draft Master Plan,
dated April 1995, entitled, "OIay W* District Water ResourceI Master Plan" b..dnat'tet
tbe "draft Master Plan." City bdievca that the draft Master Plan lllpnlel\lI a prudent and
good faith effort to plan for tbe future water faclIlty needs of City's inhabilants.
'I1Ie fJ.na1 Master Plan shall be coosldcrecl to be SllbstPfttially similar 10 tbe
draft Master Plan so lon& as it provides fur: (1) the acquisition or development of not Jell
than 5 AvllIlIp Days of opeD stoIa8e capacity and not more than 5 Avemp Day. of 1Ota1
mtered water stolage, including tenninalltmage. emergency stmaae, operational stmaae,
and fire storap; (2) a total, IalSO"Ahly estimated cost, based on a LA-BNR index of 6500.
for the Ceotta1 AJ:ea of OIay (as delicrlbed in the draft Muter Plan IIIId incJ\lrlittg the western
parcel of the OIay Ranch Development) which abal1 not eYeeM SS5,566,OOO fur future
filtered water sIDl'8ge, and $6,132,000 for pump stations to serve tbe Centtal Ale8, exc1mdve
of any financing expenteI; an as described in the draft Master Plan; IIIId (3) the dove1opment
of water suppliiM from ncighborin& public water suppliers, IIUCh as the City of San Dieao
("San Diego"), Helix Watm'Disttict and Sweetwater Authority. For tho purposes of this
lIIIccmeDt, an "Average Day. of storaae abal1 be as det1necl in the draft Master Plan, using
the water pmeration factors, peaking facIon and assumptions reprding emeraeacy water
conservation and altemalive supply developments found therein.
. In the event Olay does not, within 2 years, approve such a fJ.na1 Master Plan,
notwithstanding any other provision of th1a agreement, the City IIha1l have the riaht,
following a public hearin& held upon 30 clays notice to OIay, at which protests may be beard,
10 terminale th1a agreement; provided that the 2-yeat period IIha1l be toI1cd during the
pendency of any suit brought "i"iftd OIay ('.hAUP.Ilging its adoption of a final Masler Plan.
Any public bearing notice 10 be given by City to OIay under this Jl8fllI1lIP' IIha1l be given
within 90 claya of the dale City receives notice from Olay that: (1) Otay has approved the
final Master Plan; and (2) any auit brought egainst OIay chal1engina its adoption of a final
Master Plan has been fblally resolved, whichever is Ialcr.
After 8doptlon of a final Muter Plan, OIay IIha1l use ill best efforts to
impIcmeIIt such plan. Any lUbaequent1y-enacted or amended Master Plan IIha1l be submitte4
10 tbe City for review and comment. OIay win provide specific, detailed reapoI1Ie& 10 an
commenll made by tbe City.
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6. I.mId Use PoHey. oray recognizca that City is the authority for I8ItiDi
IalId use policy within ita plannin& area. OIay ear- tbat It wID DOt lilt or use water rate&,
water pennittln& authority, Ill' other aspects of water policy for thO prlmary purpose of
Jegn1Ati"l1aDd use within the City, except as requiMd b)' Stalo law AI to IDlltlet8 of stateWide
conc:crn.
7. l'~nn and PIannlne. Prior to adoptiq ita 8IIIluall'.JlPltal
Improvanent Program ("CIPa) OIay wID contact and meet with City Staff. City Staff will
provide 0Iay with City's latest growth projections 10 that this information can be
incorpomted into oray's CIP. 0Iay will reasonably plan and construct those WIlIer facilities
n-a.')' to meet antl.~ demand in City. OIay will apply ita beat efforts "",olRhoqt with
San Diego County Water Autbmity policy to assure adequate water 8IIpply to meet City'.
demands.
8. S"""'ee. OIay agteeS to apply ita beat efforts to pUDUe cost effective
atoIap and, in particular, to seek opeII storap in oray I..8.ke or IIlmUar open xeservoir
atorap throup an qreement with the City of San Die&o, or other public water supplier or
suppliera which is (\1''';8'''''' to iIilpJement the dJaft Mast8r Plan provisl.oIlI regarding cost-
effective atorap far the City and its inhabitants, and to avoid lilY ueed for the development
of mo.te thIIl S Averap Day. of ffiUll'llCl stmae. Clay agJalI that filtered storage is III
undesirably costly method of providing water storlIie for I11Ol'e than S Average Days; while
up to.3 Avertge Days of mUll'llCl water storage is a reasonable method of provldiDa such
storBge for the Central Area. In the event oray falls to dlllpntly pursue such an agreement,
City &ball have the Ji&ht to taminate this agreement pursuant to parqrapb 14.
9. Joint UlII!i. OIay generally agrees with the joint use of facilities. OIay
apes to meet and confer with City reprding any joint use proposals proposed by the City
on reservoir sites.
10. PllhHo Debt. OIay agrees that it wD1 not place debt on private property
for the construction of water fal'i1;ti... through an assessm$rt and/or impIoveIncnt clistriet in
excess of $.10 tor every $100 in assessed valuation within City.
11. Sewer Rimnll. OIay agteeS to continue to provide the existiJJ& SCWllS'
billing service to the City that it has hislmicaI1y provided on the lIlIIIle temII and conditions
with IllUOI'lIble incn:ues allowed so that OIay can ft!COYet" ita costlI.
12. R"",IAimed Water. 01ay will buy from City, Ill' City'sllMlgr""'l. as
mucll reclaimed water as the OIay Ranch area neecla and is avallab1e from any City water .
reolAmatinq facility or raw water obtained by City from San Diego. AflIlr considerln&
incentives or rebaIcs from others which lIe paid to OIay or City, and the cost of distribution
paid by OIay, the ClOSt of purchasina such water from City or City'. (I...tl"- shall DDt c:ause
the price of recIaimecl water to either the City's Inhabitants or oray's cuatomerS to increaIIe
over the price that would have been charged had Olay supplied to those inhabitants or
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customers, raw water pmcllIIIed from and delivered to Olay by the San Diego County WatIar
Authority.
13. w.... "'PAI'~iU~ In_ml1satinn!ll And Altlm:ltinns. As to OIay'. operatioaa
wi1hin the boundariea of City, Olay IplllII to coordinate the actual inJtslllAtinn and a1tcnt.ioo
of its "clUllet within City to the extent required by law. In addition, upon deman4 Olay
will:
(a) repair or pay to City the rasonable cost of repairs to City 910peRy resultina from
operations of Olay within City;
(b) remove and relocale without expense to City, any of Olay', facilities within City,
if and when made nece"-'" by any lawful change of gI3Ile, alianment or widcDina of any
public street, way, alley. or place, inc1udin& tho conatruetion of any subway or yl.ul,,,,*.
unless Olay's facility i810catM within an easement aranted to Otay prior in time to City's
rights in such property. In such instances, as to any of Olay', facilitioa to be c:oostruotcd
within an euemeot with such prior riahta, Otay shall meet with City and UlIO its beat cfforl8
to aeok qreement Je&lIIdi.nI the location and deslp of the faclli1iea whic1l will minimize the
likelihood and cost of their ~ rdocati.on or zemoval. It is tile in1eDt of the paIIies thai:
Olay's facilitiol be locawt within existing or planned public rlabts of way whenever feasible;
that the acquisition of ~ for Olay's facilities occur only when stt:k:tly ~-~; and
that futuIe prlvatfl dove1opmcota not be rolieved from utility mOOllMnn coats UDder this
paragraph. Ther8foIe, it is furtber aa=d that: (1) Olay shall UIO its beat efforts to 10cate ita
facllitiOB within cxiatina or planDed City rights of way or other publle: placeR. rather than
within any easement; and (2) City shall use its beat efforts to condition ~ private
developments which IIClCOIIitate the relocation or removal of Olay's facilitU.ot to bear the COlts
of such Jelnt'lItlon or removal.
(e) indenmify and bold City bann1en from Ilability fordanJa&el resulting from Otay',
opemtiona.
14. nlmllte R...nluOOn.
(a) In the event of any dispute or contxove:ay between tile parties hereto xeprdin&
the provision of water service within City's c:uncnt or potential futuIe bOundaries, the parties
shall make a good faith effort lD teSOlve such controversy or disputB In the first instance
1hroughJ'lled1atlnn. 'I'he aubjc:cts of such IIIlldlation may include any ma1ter addressed In this
aareemem. or any otbfI' matter pertalnIng to the provision of water seMco, including, but .
not limited to implementation of lIlate laws requiring direct lICXlOIS, ~tlnn of accounts or
wheeling of Water for the benefit of City inhabitants. UpOn written cIeman4 by either party,
a mutually agreeable ~atnT will be selec:V<l to 8SIiat the parties in RlIOlvina as much of
tile dispute or conttoveny as possib1e. no coats of medlallnn shall be c1iYicled equally.
Notwithstandini any other provision of tbis ~t., this subparagraph (a) aha1l not affect,
nor shall it be considered in the constructioo or inWp.etAtion of, the scope of 1JlII3&11IPba 16
and 17 of this agreement.
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(b) Whenever a dispute arises aa to the way Olay cmiea out its obllptinng under this
qreement, as to which 1ftI'dI"tImt bu been lUISll<l"""Uul, the City sball have the rliht to
submit the dispute to ubitlation. '!be arbittatora sball determine wbether Olay acted
l1:8lIOIIIIbly in c:auyina out its reaponaibilities. If the arbittaton finda that Olay hu not acted .
J.atlV"'hly, the arbitrators IbaIl have the authority to make such BIl onler II is nom . f to
require Olay to come Into compliance with the agreetIlOllt. If Olay failI to do so, the City
shall have the rliht to tcrIJIinD tis ~oanart. If the ubitraton find that Olay has lICted
reasonably, the agreement IIbaI1 remain In full force and effect.
Arbitration Ihall be inatitutcd by tho City noIifying Olay of its cboice of
arbitrator. Within 15 clays, Olay shalll101ify the City of its cbolce of arbitmtor and tho two
arbitrators sball thereafter pick a thiJd arbitrator. Any decision in arbitration must be
SUP}lO.lted by a minimum of two votes.
IS. Notices. All notices shall be in writing and IIbaI1 be deemed to have
been duly delivered upon ..........a1 delivery or II of the third """;"~S day after mailln& by
United states Mail, certifiecI. and reaiatcl'ecl, return receipt requested, posta&e prepaid,
addrelIscd as follows:
IftoOlay:
City of Chula Vista
Atln: City MaJtapr
Z76 Fourth Avenue
Chula V1Sla, CA 91910
Olay WatIst District
Atln: General Mana&er
2554 Sweetwater Sprinp Boulevard
Spring Valley, CA 91977
If to City:
16. BrIm Anr.ement. 'Ibis apeement constitutes the entire lI8J'08II""'l
between the parties henm perlllInina to the subject matla" heleof and all prior and
contemporaneous agreements, represenlations and underatandinp of the parties hereto, oral
or written, arc hcrebySllpcrseded and merged ha'ein. No supplement, I!'ndlfiQlltlon or
amendment of this agreement shall be binding unless in writing and CIXCCIIted by the parties
hereto.
17. A~ys' El_ In the event any action shall be institIIted In
connection with this aarocment, the party prevailina in IIICh action abal1 be entided to
__ from the otber party an of its costs of action, Includlng reaslJIIllble attomIlys' fees as
fixed by the arbitmtor.
18. IiltovP.nIhility. In the event that any phmse, clause, sentence, paragraph,
section, article or other portion of this agreement shall become illeglIl, null or void as 'lgIlmst
public policy, the relI'"ltu1ll portions of this agteemeIlt sbaIl not be affected thereby,
CJVMIAlIIotI'\3.5
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~ /9 #:~199ge9619
-V,J '<Y.J310 NVS
: 1id1O:& : 96-6~-n: NOSNO~ 'lI mlflSSSI3M:AS J.N3S
itl
provided that tho pIIIpOIO lIJld inlmt of tho ap:ement can be telllO""n\y c:arriecl out without
tile Ul1eOforce8ble OC iaeffecIuaI poI1ioD..
19. Aetinns ~ l.AFCO. OIay suppom 1hc sphere of iJIf1uenoo ..mMdlullllt
for tile City of Chu1a VISta v.tdeh is cumotly pendin& before LAFCO with ....1J"Clto an
items 88 to wblch there is 110 dispute between the County and tho City of Chula vista,
including, bllt not limilecl to tile ~lV'"t1"" of OIay as the p.lCfa:JCd walCl' provider to the
watcm parce1 of Olay Ranch. Olay aball withdraw any oppositlnn, IIIId shall DOt upp(lSe
futute pIan& for tho 2n,.."tinn of teniIm'y wilbin tbo camnt or future boundarieI of Olaf to
the City, inc:ludina. but DOt Umilecl to tile western pm:el of tho OIay Ranch-
20. Uh1iV U.... Fee. City may impose a utill1y user _ in auch amount as
City detenDines appluylilte. Any!lllCh fee may. at Olay's option, be reflected and identified
on the water bUl& of watomcn as a IqlIlIale line item.
IN WITNESS WHEREOF, the parties have executed this agxeement 88 of the
date shown below.
OTAY WATER DISTRICf
Dab::
By
Title
CITY OF CHULA VISTA
Date
By
TItle
0VMWiNT\!2I27.5
~
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<-VJ 'OlEIO NVS
~ I'icIto:s ~ SG-G,Ht~ NOSNOlIV 'J O~IISSIdM:All OOS
RESOLUTION NO.
1?/~r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND OTAY WATER DISTRICT
FOR THE PROVISION OF WATER SERVICE IN A
PORTION OF THE CITY OF CHULA VISTA
WHEREAS, in order to achieve both the City's and the
Water District's objectives, a proposed 20-year agreement has been
negotiated that sets forth the relationship between the city and
the Otay Water District during the term of the agreement.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve an Agreement between the
City of Chula vista and Otay Water District for the provision of
water service in a portion of the city of Chula Vista, a copy of
which is on file in the office of the City Clerk as Document No.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the City of Chula vista.
Presented by
'v
/ Bruce M.
Attorney
John D. Goss, City Manager
C:\rs\otay.wat
/K'--13
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item J ~
Meeting Date 12/5/95
Resolution /j!/t'?APproving First Amendment to Agreement with
Infrastructure Management Services, Inc. (IMS) for Pavement Testing and
Management Services and Reappropriating $11,000 therefor
SUBMITTED BY:
Director of ~ork~
City Manageu
(4/5 Vote: Yes-X- No.J
REVIEWED BY:
Council approved Resolution No. 17867 approving an agreement with IMS for the provision of
pavement management and testing services on April 18, 1995. During the course of work under
this agreement, it has become apparent that some provisions of the contract need to be amended
based on work performed by the contractor in the first round of pavement testing. In addition,
the original cost of the contract was based on an estimate of the number of test sections. The
number of test sections is actually higher than the estimate. Because of these differences, as
discussed below, it is proposed that the agreement be revised to clarify the extent of work to be
done and, as a result, to increase the overall contract payment to the consultant.
RECOMMENDATION: That Council approve the subject resolution approving the first
amendment to the agreement with IMS for pavement management services and appropriate funds
therefor.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The original agreement with IMS was intended to provide for the testing of all lanes of the City's
existing network of streets in order to develop a strategy for the maintenance of the City's streets.
It was also intended that the result of this testing could be compared to the initial testing (which
was done in the 1980's) to allow the effectiveness of our pavement management efforts in the
intervening time to be analyzed.
As explained in the report to Council on April 18, 1995, the testing under this agreement includes
two major components: the Road Rater portion and the Dynaflect portion. The Road Rater is a
laser based testing machine which measures the extent and type of cracking in the pavement. The
Dynaflect equipment imposes a dynamic load on the pavement and measures the depth and extent
of deformation caused by the load.
/9-/
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Page 2, Item / '1
Meeting Date 12/5/95
In the original testing in the 1980s, one Dynaflect test was made for each lane of non-residential
street within a segment of approximately 400 feet to 660 feet in length. For residential streets,
which ordinarily have unmarked lanes, only one test was made within a one block segment. Road
Rater testing for non-residential streets was based on one segment per lane per block except for
longer streets, where a 400 foot to 660 foot segment was practical. Because of the lesser width
of residential streets, only a single pass was made with the Road Rater on two way residential
streets within a segment.
The current agreement calls for a different testing procedure from the previous testing by
specifying a length of 660 feet for each road segment and Road Rater and Dynaflect testing of
each lane for both residential and non-residential streets. However, the consultant followed a
program similar to the previous testing as outlined above to insure that the results of the two
programs could be compared. Staff agrees with the consultant on limiting the testing to one test
on residential streets because the width of the testing equipment is such that testing in both
directions would create an overlap unless parking along the street was prohibited during the test
period. The disruption associated with this temporary elimination of parking along all the City's
streets and the likelihood of misleading information being obtained argue against two pass testing
on these streets.
Staff also agrees with the consultant that Dynaflect and Road Rate testing within each block rather
than testing within an artificial segment of 660 feet as specified in the contract (which could
include several short streets with greatly different soils and strength characteristics) is more
desirable and valuable. The use of 660 foot street segments would require the combining of two
or more short streets in many locations. Staff agrees that the data obtained from that reduced
effort would not be of adequate value to the City to justify limiting the number of tests in this
manner. The net effect is a credit in the contract cost for reducing the number of tests on
residential streets, but increasing the contract cost as a result of decreasing the length of the test
segments which, therefore increases the number of segments tested. The City actually benefits
in this change in that the data compares more directly with previous tests, and because of shorter
test segments, gives more meaningful date.
The consultant performed Road Rater testing on 6,149 segments in this round as opposed to
4,900, as was estimated for this contract. This increase in the estimated number of test sections
was based on the difference between the contract test segment of 660 feet verses the actual average
length of test segment of 462 feet.
Staff proposes that the agreement with IMS be amended to provide a fixed fee of $125,667.50 in
lieu of an estimated fee of $115,500.00 as stated in the agreement as approved. This increase of
$10,167.50 is based on:
1.
a)
Increasing the number of Road Rater test segments to 6,149 to reflect the actual
number of test segments for an additional cost of $14,988.
J9 -.<
Page 3, Item /<J
Meeting Date 12/5/95
b) Reducing the payment for 2,370 residential street Road Rater test sections to reflect
a 50% reduction (1,185) based on one pass versus two pass testing for a credit of
$14,220. At a unit cost of $12.00 per test segment this represents a net overall
increase in the contract cost of $768.00;
2. Increasing the number of Dynaflect tests to the actual number of 6,149 from the original
4,900 - at a unit cost of $7.00 per test this represents an overall increase of $8,743;
3. Increasing the number of sections shown on VUELOG sections on videotape to 6,149 (to
agree with the Road Rater data with credit as given for 1,185 Road Rater residential test
sections with only one pass as shown in Item 1) - at $0.50 per section, a net increase of
$32.00, and
4. Increasing the number of sections to be linked to the ARC/INFO Centerline Map (GIS
system) to 6,149 (to agree with the Dynaflect data) - at $0.50 per section an increase of
$624.50.
All other items included in the agreement: VUELOG Workstation, Software, Training, and
Pavement Management Reports and their costs would remain unchanged. IMS has considered this
proposal and has indicated their willingness to accept it. The pavement management reports will
be received as the last items of work under this agreement. Copies of these reports will be
provided to the Mayor and Council members for your information upon their completion.
FISCAL IMPACT:
The original budget for this work, including staff time was $130,000. Full cost recovery Staff
costs of $15,308.42 have been realized to date. Therefore, this increase will result in the total
expenditure of $140,975.42 ($125,667.50 contract cost + $14,308.42 staff cost) for this project.
It is proposed that $11,000 be reappropriated from the current year's Pavement Overlay Program
(STL 224) to offset this increase.
Attachments :
A. Exhibit "A" to original agreement between the City and IMS.
B. Agenda statement for approval of the original agreement between the City and IMS.
RLD:rd, File # STL211
M:\HOME\ENGlNEERIAGENDA \IMSCHGEB.113
19-3 )17-1
ATTACHMENT A
Exhibit A
to
Aareement between
City of Chula Vista
and
Infrastructure Management Services (lMS)
1. Effective Date of Aareement: April 25, 1995
2. City-Related Entity:
(X) City of Chula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the State
of California
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
,a [insen business form]
3. Place of Business for City:
-"0. -
City of Chula Vista, .~
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant: Infrastructure Management Services, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship .
( ) Partnership
(X) Corporation
6. Place of Business, Telephone and Fax Number of Consultant:
3350 Salt Creek Lane, Suite 117
Arlington Heights, IL 60005
Phone (708) 506-1500
Fax (708) 255-2938
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Page A-I
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7. General Duties:
The Consultant shall collect pavement condition data for the City's entire street System by test
sections as defined below. The Consultant shall provide a fmal pavement management repon which
outlines a street program of maintenance, repair, rehabilitation and replacement and assures the
optimization of tax dollars. The fmal repon shall include a five year pavement improvement plan
based on the recommendations of the pavement evaluation program. The pavement management
system must also meet the minimum pavement management requirements for the Aexible Congestion
Relief Fund under Proposition 111 and the Federallntermodal Surface Transportation Efficiency Act
(lSTEA).
8. Scope of Work and Schedule:
A. Detailed Scope of Work:
A test section is defmed as a street segment 660 ft. long. All lanes within each test
section shall be tested and analyzed as described in this section of the agreement. It
is estimated that there will be approximately 4,900 test sections.
The consultant shall perform one deflection test for each of the test sections with the
dynaflect machine. The analysis of the deflection tests must provide load transfer
properties, overall strength of the pavement structural section, and pavement type.
The Consultant shall furnish all services as required to collect the pavement condition
data for the City's entire street network that at a minimum, includes the following:
a. Update the inventory of the entire street system with a network level
evaluation, and analyze selected streets with a project level evaluation.
b. Priority repons suggesting the most cost effective individual strategy and
major maintenance treatment for each segment of a street in the network,
prioritized in light of the entire network.
c. Budget reports indicating the most cost effective five year street maintenance
and rehabilitation Capital Improvement Programs.
d. Budget analysis for the entire network including the effects of deferred
maintenance.
e. Surface condition survey Urili7illg the video enhanced Laser Road Surface
Tester (RST).
The Consultant shall perform the following tasks:
Task 1 .. Identification of the Pron-&m
The Consultant shall identify the types of data files and method of collection. It is
also required to identify the types of reports and analysis that could be generated, and
'/'
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Page A-2
to ensure that the available City hardware and software will suppon these data flies.
Task 2 .. Field Data
The Consultant shall perform a detailed and complete environmental survey and
pavement condition testing and analysis of the entire street network using the RST.
The Continuous Laser RST Surface Condition Survey shall include crack, texture,
rutting, and roughness investigations, environmental and drainage survey and
inventory at block test intervals. The Consultant shall enter all data collected into the
City's IMS system, edit and error check the data to prevent input and field errors
from corrupting the data. In addition, the Consultant shall provide the data in a
format that links the data to the City's GIS system and is integrated with ARCVIEW
2.
Task ~ .. Identification and DetP-rmination of a Preventive Main~nance Prosrram
Using the data collected and loading it on the City's IMS system, the Consultant shall
identify the various maintenance requirements for each section and its costs. Also,
the Consultant shall prepare a preventive maintenance program with respect to the
City's budget forecasts. A repon is required at the end of this task.
Task 4 - Identification of Rehabilitation Stratel!ies
The Consultant shall identify at least four different strategies per street segment and
recommend the most feasible rehabilitative alternative. The effects of the timing of
the rehabilitation should be taken into account so that the City can evaluate the
consequences of delaying and/or accelerating projects. The evaluation will consider
when a utility company or City forces are planning to perform construction inion a
roadway segment. A repon is required at the end of this task.
Task 5 .. Pr~Daration of a Five (5) vear Rehahilitation Pr02ram
A S-year rehabilitation program shall be prepared documenting the sections to be
improved in each year and the type of improvement TecC""mended in such a way as
to ensure maximum performance for the network while staying within the annual
budget forecasts. The consultant must take into consideration future storm drain,
sanitary sewer, and water line construction in accordance with the future master plans
of the City and the water companies. A repon is required at the end of this task.
Task 6 .. Financial Pbnn;n2
The Consultant shall determine the annual funding necessary to maintain the City's
network of streets at a specified level of serviceability at a minimum cost to the City.
A repon is required at the end of this task.
The Consultant shall supply the City with One-Channel VUELOG Workstation
Equipment which includes one SVHS professional grade VCR, one SVHS TV
monitor, character generator, time code reader and all necessary cabling. The
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Page A-3
Consultant shall also supply City with VUELOG II software and all VUELOG
videotapes from the Laser RST with index of all streets tested.
The Consultant shall provide the City with the following training:
. IMS Comprehensive Pavement Management Software Program (Version 5.1)
training, a minimum of seven days; and,
. Dynaflect Familiarization Training - one day; and
. Three (3) day Manual Surface Rating Course.
The Consultant shall provide the City with all the services, supplies, equipment,
hardware, software, reports, training, and technical assistance described in the IMS
proposal to the City dated December 30, 1994 that are Dot mentioned or clearly
identified in this agreement.
The Consultant shall provide four (4) years of maintenance, updates, service and
support (February I, 1997 to January 31, 2001) for a total fee of $2,400 per year.
The work identified in this exhibit, is to be performed in May, June, and July of
1995.
B. Date for Commencement of Consultant Services:
( ) Same as Effective Date of Agreement
(X) Other: May 1, 1995
C. Dates or Time Limits for Delivery of Deliverables:
Deliverable No.1: All field data collection and related work shall be completed
and delivered to the City by June 30, 1995.
Deliverable No.2: Delivery of VUELOG workstation and all software shall be
completed by June 30, 1995.
Deliverable No.3: Pavement Management Software Training sha1I be provided
in three stages, the first of which will be completed by June
30, 1995; the second by October I, 1995 and the third by
April I, 1996. The actual schedule may be altered as
requested by City.
Deliverable No.4: All Pavement Management reports sha1I be completed and
delivered in final form by July 31, 1995.
D. Date for completion of all Consultant services: July 31,1995, except as modified by the
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PageA-4
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training schedule.
9. Insurance Requirements:
(X) Statutory Worker's Compensation Insurance
(X) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included In Commercial General
Liability coverage).
( ) Errors and Omissions Insurance: $500,000 (not included In Commercial General
Liability coverage).
10. Materials Required to be Supplied by City to Consultant:
The City will furnish the Consultant, to the extent that they are available, existing City maps,
existing street and survey information, traffic data, and any other such information which may be
helpful to the Consultant In the performance of the service.
II. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defmed Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth
below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
B. (X) Itemized Fixed Fee Arrangement.
For the performance of each item of DeflDed Services by Consultant as Identified below, City
shall pay the fIXed fee for each test section associated with each Item of DeflDed Services, In the
amounts and at the times or milestones or Deliverables set forth . Consultant shall not commence
Services under any item, and shall not be entitled to the compensation for a Item, unless City shall
have issued a notice to proceed to Consultant as to said item. The final amount to be paid the
Consultant will be based on the actual number of test sections conducted. It Is estimated that there
will be approximately 4,900 test sections. The Consultant .hAIl nrovide the um.. testin... anaIvs~
and management services described In this qreement at the same unit costs for llI1Y test sections
above and beyond the 4,900 test uctions.
ft-eZZJ
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Page A-S
'l
Description of Item
Continuous Laser RST Surface Condition Survey - includes
crack, texture, rutting and roughness investigations,
environmental and drainage survey, and inventory at block test
intervals; 4!900 sections @ $12/section
Dynaflect Deflection Testing; 4,!XlO tests at $7/test
IMS Comprehensive Pavement Management Software Program
(Version 5.1) training (7 days minimum) and 1 year of
maintenance, updates, service and suppon (February I, 1996 to
January 31, 1997) - No Charge
VUELOG Videotapes from Laser RST with index of all streets
tested; 4,900 @ $O.sO/section
One-Channel VUELOG Workstation Equipment which includes
one SVHS professional grade VCR, one SVHS TV monitor,
character generator, time code reader and all necessary cabling
VUELOG II Software - No Charge
Link Pavement Management data to ARCflNFO Centerline
Map; 4,900 sections @ $O.sO/section
IMSfMAPVIEW Software - integrate PMS-VUELOG-
ARCVIEW - No Charge
One (1) day Dynaflect Familiarization Training - No Charge
Three (3) Day Manual Surface Rating Course
Pavement Management Reports
TOTAL
Additional Services
Estimated Fee for Said Item
$58,800
~
o
$2,450
$4,500
o
$2,450
o
o
$3,000
$10,000
$115,500
In addition to performing the Defmed Services outlined above, the City may require Consultant to
perform additional consulting services related to the Defined 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 fonh in the "Rate Schedule" below, unless a separate fIXed
fee is otherwise agreed upon. Nothing herein shall preclude Consultant from providing additional
services at Consultant's own cost and expense.
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Page A-6
Rate Schedule
Hourly
.JWt..
$90
$50
$45
$30
Category of Employee
of Consultant
Senior Engineer
Senior Programmer
Senior Technician
Data Entry Clerk
C. () Hourly Rate Arrangement
For performance of the Defmed Services by Consultant as herein required, City shall pay
Consultant for the productive hours of time spent by Consultant in the performance of said Services,
at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms
and conditions:
(I) () Not-te-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess
of said Maximum Compensation amount, Consultant agrees that Consultant will
perform all of the Defmed Services herein required of Consultant for
$ including all Materials, and other "reimbursables" ("Maximum
Compensation ").
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shal1 have incurred time and materials equal to
(" Authorization Limit"), Consultant shal1 not be entitled to any
additional compensation without further authorization issued in writing and approved
by the City. Nothing herein shal1 preclude Consultant from providing additional
Services at Consultant's own cost and expense.
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Rate. Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
() Hourly rates may increase by 6% for services rendered after [month], 19 .
if delay in providing services is caused by City.
12. Materials Reimbursement Arrangement
For the cost of OUt of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
not to exceed $
() Other Actual Identifiable Direct Costs:
. not to exceed $
. not to exceed $
13. Contract Administrators:
City: John P. Lippitt, Director of Public Works
Department of Public Works
276 Fourth Avenue
Chula Vista, CA 91910
(619) 691-5021
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Page A-8
Consultant: Dominick 1. Gatto, P.E., President
3350 Salt Creek Lane
Suite 117
Arlington Heights, IL 60005
(708) 506-1500
14. Liquidated Damages Rate:
( ) $_per day.
( X) Other: None
15. Statement of Economic Interests, Consultant Reponing Categories, per Conflict of Interest
Code:
(X) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
() Category No.1. Investments and sources of income.
() Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
() Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale of
real property.
""-
() Category NO.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies, materials,
machinery or equipment.
() Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the designated
employee's department to provide services, supplies, materials, machinery or
equipment.
( ) Category No.7. Business positions.
( ) List .Consultant Associates. interests in real property within 2 radial miles of Project
Property. if any:
---------------------------------------
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------------------------------------------------------------
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16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants:
None.
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
( ) Monthly
( ) Quarterly
(X) Other: Following completion and acceptance by City of each item of work.
B. Day of the Period for submission of Consultant's Billing:
( ) First of the Month
( ) 15th Day of each Month
( ) End of the Month
(X) Other: Following completion and acceptance by City of each item of work.
C. City's Account Number: 250-2501-STL211
19. Security for Performance
( ) Performance Bond, $
( ) tiiter ortredit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
(X) Retention Percentage: 50%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
, (X) Other: Delivery and acceptance of work for each item
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ATTACHMENT B
COUNCn.. AGENDA STATEMENT
Item / /
Meeting Date 4/18/95
ITEM TITLE:
Resolution / 7 n '1 Waiving the Consultant Selection process and
Approving Agreement with Infrastructure Management Services, Inc.
(lMS) for Pavement Testing/Condition Analysis, Data Collection, and
Management Services
REVIEWED BY:
Director of Public wor~
City Manager 1"J;. '1 ~
(4/5tbs Vote: Yes_No~
SlJB~1J JJ:.D BY:
The City's pavement condition field data is outdated and new testing/pavement condition data
is required for the entire street network. Project number STL-211 (pavement Management
Program-Pavement Testing) was included in the FY 94-95 CIP budget to accomplish this work.
Staff proposes to enter into an agreement with Infrastructure Management Services, Inc. OMS)
to perform this work. IMS performed the original pavement testing for the City in the late
1980's, and in staffs opinion is the only company that can update the City's Pavement
Management System data in a manner which is fully compatible with our existing software.
"--
RECOMMENDATION: That Council approve the resolution waiving the consultant selection
process and approving the agreement with Infrastructure Management Services, Inc., and
authorize the Mayor to execute the agreement.
BOARDs/comnssloNs RECOMMENDATION: Not applicable.
DISCUSSION:
In 1986, we sent out a Request for Proposals (RFP) for a pavement management system. Out
of the number of systems available at that time IMS was chosen because of the type of data used
in their analysis of the condition of pavement in the various street segments. For each segment
the IMS data includes a determination of the extent and type of crackina in the pavement as
measured by an objective (laser based testing machine) test. This particular form of testing was
unique to IMS and was among the major reasons they were selected over alternative systems.
In addition to the above testing the IMS program also included the results of a deflection
measuring test, (in which a dynamic load is imposed on the pavement and the depth to which
the pavement is depressed is measured at fIXed distances from the loading point) as used by most
of the alternative systems, and a number of more subjective measures for describing the
condition of pavement used by all of the alternative systems.
All of the other companies that responded to this original RFP had programs that required the
streets to be rated by individuals manually observing and rating the pavements. This manual
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Meeting Date 4/18/95
process, in which a number of individuals make repeated observations of the extent and severity
of cracking over many days or under a number of differing conditions, would lead to a lack of
consistency in the rating of the condition of the street network. The consistency of data is
important to a meaningful pavement management system. The intent of a pavement management
system is to rate all of the City's pavements and to outline the most cost effective maintenance
strategies and maximize the benefit of the maintenance dollar. Without the consistency provided
by an objective system like IMS's, the computer program cannot select streets for maintenance
with any reliability. At the time IMS was selected, they were clearly the leader in the pavement
management area. Overall technology in this area has not changed that much since 1986 and
IMS still appears to be the leader.
The IMS system makes the observations by means of a laser system mounted in a van carrying
a computer that receives the information from the lasers as the van drives the streets at a speed
of 20 to 30 mph. The laser "reads" the amount and size of pavement cracking and measures
the variations in the smoothness of the surface. The computer processes the information which
can be downloaded into the City's computers when the field work is completed.
There is at least one other company that uses an "imaging" system somewhat similar to IMS's
laser system, but which is based on a different technology. That system is also more dependent
on visual ratings, would require entirely new software and more staff time, retraining and loss
of ability to compare results of old data. Each company in this field has their own proprietary
software and none of the other systems appear to provide data compatible with their competitors
software.
Preliminary discussions with some of the various firms with computerized pavement management
programs initially seemed to indicate that a few of them might be less expensive. However,
many of them wanted to train our staff to do the time consuming field observations. IMS's van
mounted laser is expected to complete the field work in less than a month. After being trained
to do the field work it would take a City staff person nearly three months of continuous work
to rate all of the streets in the City using a visual system and we lack available staff time to
review each street in the City. While it may be possible to hire temporary staff to do the visual
ratings, qualified personnel are not readily available. Further, the costs to hire and train such
people would bring the cost of those other systems much closer to the cost of IMS's proposal.
All systems, including the laser based testing program, require occasional verification of results
by trained personnel.
In addition to the additional staff time expenses, using one of the other pavement management
consultants would also require changing all of the program software because, as indicated above,
each company has their own proprietary software. This would also lead to the loss of the value
of our existing software and data before we have had an opportunity to compare the results of
our pavement management efforts over the last five years with the anticipated results based on
the previous data. IMS has continually been upgrading their computer program to more
effectively handle all of the maintenance and financing scenarios unique to our City and, as part
of the annual system maintenance costs, has provided those to us.
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Due to the factors described above, we believe that the IMS system is the most objective,
verifiable, consistent and dependable of the available syste~. We have also very closely
examined the cost proposal and negotiated a very reasonable price. Taking all of this into
account, staff believes that the option to change systems at this time should be rejected and is
recommending a sole source purchase of the data collection from IMS.
IMS has now incorporated a capability for the videotaping of crack observations in its Laser
Road Rater to allow the collected information to be reviewed manually as desired. Their
proposal offers this "Vuelog", along with a computer workstation and necessary software, and
software allowing this data to be linked to the City's Geographic Information System as optional
items. Because of the value to City staff to be able to go back and review any data visually at
any time, we are recommending the purchase of this option and have included it in the contract.
The pavement testing work will be done under Capital Improvement Project number STL-211,
Pavement Management Program - Pavement Testing, which was approved by the City Council
as part of the FY 94/95 Capital Improvement Program. The total budget for the project is
$130,000.
IMS's initial proposal for the work was $121,000 plus an additional $18,850 for the "Vuelog
and workstation for a total proposal of $139,850. During contract negotiations Engineering staff
and IMS determined the exact scope of the Pavement Management Program and a time table for
the testing activities. IMS has agreed to do the work as outlined in the Agreement for $115,500.
The cost includes the optional "Vuelog" and workstation items.
The requirement for Errors and Omissions insurance in the City's standard Two Party
Agreement has not been incorporated in this contract. This deletion, with which the City
Attorney concurs, is based on several considerations: 1) The effect of an error or omission in
the consultant's work would be minimal due to intervening reviews and considerations by City
staff. If they omit identifying a deteriorating road, we will see it and have to pay for it when
it deteriorates; if they identify a good road as one that is in bad condition, their conclusion will
be visually checked and corrected without cost; 2) Because of the limited funding that the City
has available for its pavement management program, recommendations by the consultant for
more expensive strategies are studied very closely and, if at all possible, cut back to fit within
budget constraints; and 3) This type of insurance is not ordinarily carried by consultants working
in this field.
FISCAL IMPACT:
The total cost of the work as outlined in the Agreement is $115,500, which, as indicated above,
staff believes is reasonable for the work to be done. The CIP budget for this project is
$130,000. This expenditure will allow the ongoing pavement mllnllgement program to be carried
out with greater assurance of optimum return on the City's investment in its street infrastructure.
The total expenditures, including staff time, will be within the budget amount.
SMNIRLD:rb, File 'STUll
(M:ISBAREDIENCIINI!ER\IMS.113)
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RESOLUTION NO. ;S"/41
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING FIRST AMENDMENT TO
AGREEMENT WITH INFRASTRUCTURE MANAGEMENT
SERVICES, INC. (IMS) FOR PAVEMENT TESTING AND
MANAGEMENT SERVICES; AND REAPPROPRIATING
$11,000 THEREFOR
WHEREAS, Council approved Resolution No. 17867 approving
an agreement with IMS for the provision of pavement management and
testing services on April 18, 1995; AND
WHEREAS, during the course of work under this agreement,
it has become apparent that several provisions of the contract are
in conflict with the standards used in the first round of pavement
testing and normal practice for this type of data collection; and
WHEREAS, in addition, the original cost of the contract
was based on an estimate of the number of test sections; and
WHEREAS, because of these conflicts, it is proposed that
the agreement be revised to clarify the extent of work to be done
and to increase the overall contract payment to the consultant.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby approve the First Amendment to
Agreement with Infrastructure Management Services, Inc. (IMS) for
pavement testing and management services.
BE IT FURTHER RESOLVED that $11,000 is hereby
reappropriated from Account 250-250l-STL224 (the Street Overlay
Program) to Account 250-2501-STL211 (Pavement Testing Program).
Presented by
O~:D
John P. Lippitt, Director of
Public Works
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FIRST AMENDMENT TO AGREEMENT BETWEEN CITY OF
CHULA VISTA AND INFRASTRUCTURE MANAGEMENT
SERVICES FOR PAVEMENT TESTING AND MANAGEMENT
SERVICES
THIS AGREEMENT, dated December 5, 1995 for the purposes
of reference only and effective as of the date last executed
between the parties is between the CITY OF CHULA VISTA, a Chartered
municipal corporation of the State of California ("city") and
INFRASTRUCTURE MANAGEMENT SERVICES ("IMS"), a corporation, and is
made with reference to the following facts:
City and IMS entered into an Agreement ("original"
Agreement) dated April 25, 1995 entitled "Agreement between City of
Chula vista and Infrastructure Management Services for Pavement
Testing and Management Services"; and
WHEREAS, City and IMS desire to clarify certain terms and
conditions contained in said Original Agreement and to provide for
additional services; and
NOW, THEREFORE, the parties hereto do hereby agree as
follows:
1. The Original Agreement is hereby amended in the
following regards only:
The first paragraph of Subsection A ("Detailed Scope of
Work") of section 8 ("Scope of Work and Schedule") of Exhibit A of
the Original Agreement is hereby amended to read as follows:
"A test section is defined as a segment of street between
adjacent intersections or, in locations where the
distance between intersections is greater than 660 feet,
660 feet long. Residential streets shall be tested in
one pass as a single lane in the center of the roadway
with both the road rater equipment and the dynaflect
tester for each test section. For non-residential
streets, all lanes within a test section shall be tested
and analyzed."
All other terms and conditions of Paragraph 8 shall remain the
same.
2. Paragraph 11 ("Compensation") of Exhibit A of the
Original Agreement is hereby amended to read in its entirety as
follows:
"Upon the delivery of all of the Defined Services by
Consultant as herein required, city shall pay
$125,667.50. The parties acknowledge that, as of the
time of this First Amendment, the City has made a single
progress paYlu",nt in the amount of $49,164 so that ~he
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balance due to Consultant upon such delivery shall be
$76,503.50.
3. All other terms and conditions of the Original
Agreement remain in full force and effect.
IN WITNESS WHEREOF, City and Consultant have executed
this First Amendment thereby indicating that they have read and
understood the same and indicate their full and complete consent to
its terms:
Dated: November 30, 1995
Dated:
CITY OF CHULA VISTA
INFRASTRUCTURE MANAGEMENT
SERVICES
Shirley Horton, Mayor
Dominick J. Gatto, P.E.,
President
Attest
city Clerk
APPZ r~
City Attorney
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COUNCIL AGENDA STATEMENT
Item No. ~
Meeting Date 12/5/95
ITEM TITLE:
Report on Development of a Specific Arts Project on
the Bayfront for Funding by the San Diego Unified
Port District's Art Fund
city Manage~
SUBMITTED BY:
BACKGROUND:
In 1992, the Port of San Diego adopted a Master Plan for Public
Art. The purpose of the plan is to provide artwork on the
tidelands around San Diego Bay for the enjoyment of residents and
visitors. sites were identified in all five Port member cities,
including Chula Vista, and over the years money was collected for
an Arts Fund, which now totals $4,000,000. The Port is apparently
in the process of hiring a full-time Art Fund Administrator, which
means that disbursement of these funds for art projects along the
Bayfront will probably have an increased impetus. ,
RECOMMENDATION:
It is recommended that this Port of San Diego
Master Plan for Public Art be referred to the
Cultural Arts Commission, Planning, Parks and
Recreation and Community Development for
development of a specific project that could
be funded next fiscal year by the Port's Arts
Fund.
DISCUSSION:
In 1992, a Master Plan for Public Art1 was developed by the San
Diego Unified Port District. As part of that Master Plan, the
"favored site" for additional artwork would be a joint planning of
improvements to the J Street (now Marina View) Park entry. Also
listed as a "potential site" would be the grassy area adjacent to
the South Bay Boatyard, which was identified as a possibility for
sculptural forms, as well as interactive play areas.
While the park renovation did provide for better aesthetics in the
area, there is still room for art project proposals both at the
entrance to the Bayfront and in the park areas along the Bay.
It is recommended that Chula vista work with the Port District
staff to develop additional art features on its Bayfront. In part
this is because there is concern that the city of San Diego will be
very active in using a great amount of the $4 million currently
Several years ago, the artwork, "Konoids" by Kenneth
Capps was placed in Marina View Park by the Port.
020 - (
available for art projects. This past funding cycle, Coronado
received funding of about $45,000 and Imperial Beach received about
$83,000 for art projects, whereas the city of San Diego received
about $400,000 for one of their projects.
Since the Port already has a $4 million fund for art projects and
currently is contributing 5/8ths of 1% of its General Fund into the
Arts Fund annually, and is hiring a full-time Arts Coordinator (an
employee currently in the City of San Diego is expected to obtain
that position), it is strongly recommended that the Cultural Arts
Commission, along with input from Planning, Parks and Recreation,
and Community Development, should focus on specific art improvement
projects that can be funded from the Port's Arts Fund.
FISCAL IMPACT:
Developing a proposal would only require staff time and no direct
dollar cost to the City. The result could be significant funding
for art improvements along the Bayfront or at its entrances.
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COUNCIL AGENDA STATEMENT
ItepJ
Meeting Date 12/5/95
ITEM TITLE:
SUBMITTED BY:
Report on the progress in the design of final plans for the "Improvement of
Broadway from Naples Street to Anita Street Project (ST-143)"
Director of Public Works K
City Manager~ ~ ~ (4/5ths Vote: Yes_NolO
REVIEWED BY:
The FY 1994-95 Capital Improvement Program (CIP) budget includes funding for the design of the
reconstruction of Broadway from Naples Street to Anita Street (ST143). The project includes the renovation
of the existing medians where necessary and the widening of Broadway at Palomar Street to accommodate
dual left turn lanes. On April 25, 1995, Council held a public hearing on the project and approved the
retention of the medians, the installation of landscaping within those medians, and directed staff to complete
the design and final plans for the project.
The project design is about 60% complete and is ready to enter its final stage. Our work, however, shows
that changes to the project need to be made to make it more effective in cost and to minimize its impact on
the general public. The major change involves the need to reconstruct the existing medians in this section
of Broadway and to reconstruct about 2/3's of the pavement vs. 1/3 as originally proposed. Since the cost
to provide the proposed modifications is sizeable, approximately 20%, staff, therefore, is presenting this
issue to Council before continuing to complete the design, and plans and specifications, should Council
decide to change the scope ofthe project.
RECOMMENDATION: That Council approve the report, direct staff to finalize the design plans, and bid
the project, including the reconstruction ofthe medians.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
On April 25, 1995, Council held a public hearing on the subject project and by Resolution No. 17878
approved the design concept proposal for Broadway between Naples Street to Anita Street. (Exhibit A). The
general scope of the project, as approved in the FY 1994-95 CIP and subsequently authorized by Council
in the April 25, 1995 meeting, is to replace deteriorated asphalt pavements, install missing improvements
and sidewalks, widen the east side of Broadway immediately south of Palomar Street and upgrade traffic
signals and certain driveways to meet our current standards. In addition, staff recommended, and Council
approved, the retention of existing median curbs and the installation ofhardscape and landscape in place of
the asphalt pavement within those medians.
CIP Cost Estimating Process
The cost estimating process for CIP projects starts out with very rough estimates. The staffhas a conceptual
idea of what the project is to accomplish. With that conceptual idea, an estimate is prepared which is not
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Page 2, Item_
Meeting Date 12/5/95
based on a detailed design or information from the Survey crew. Therefor, the estimate of quantities is not
accurate. Furthermore, in street reconstruction projects, issues arise during the design phase, which can have
impacts on the scope of the project as well as the cost. This is because soil and pavement testing is done
during the design phase. If the material is much worse than detected at the CIP budget process stage, than
the costs will increase in order to do more pavement work. Also, other items arise during the design phase,
such as utility conflicts and drainage problems that are apparant during the project concept stage. This
project experienced several changes that have arisen since the CIP budget approval.
Chan~es to the Scope Of Work
In developing the conceptual plans for the project and preparing the preliminary scope of work, staff
incorporated comments and recommendations made by area merchants and owners, while meeting our
design standards and Council directions and recommendations. The initial scope of work was first presented
to Council during the CIP approval process, and again at the April 25, 1995 Council meeting. During the
design process various changes to the scope of work have emerged. Although staff believes that the
magnitude of these changes is minor in comparison to the size of the project, (20%), we felt it prudent to
bring these revisions to Council's attention prior to proceeding to finalize the project since the dollar
amount was sizeable ($457,000). These changes are summarized below:
1. Extent of asphalt concrete pavement reconstruction:
The initial assessment of the pavement condition during the preliminary planning of the
project, indicated that a 2 inch asphalt concrete overlay would be sufficient to rehabilitate
this part of Broadway. Attached as Exhibit B is the original CIP detail sheet for the project.
The conceptual design plan brought to Council during the April 25, 1995 meeting assumed
that up to Va of the pavement had to be completely replaced and the remaining part would
be merely overlaid. After the project was approved, and as part of the design process, staff
and the City's geotechnical consultant, performed detailed soil testing and pavement
structural analysis. It was concluded that the existing pavement structural section and the
underlying soil do not have the physical properties to withstand the design traffic loads.
Working with our consultant, staffhas determined the need to completely replace about %
of the pavement and to overlay the remaining part with a 3" Asphalt Rubber Hot Mix
(ARHM), a stronger and more expensive pavement alternative. The level of testing and
analysis required to determine the exact amount of pavement to remove in a reconstruction
project is extensive and expensive and not done during the CIP budget process. Initial
estimates of pavement removal are taken from filed review. The expansion of pavement
reconstruction will increase the project's cost by an estimated $394,750. (Exhibit C).
2. Storm drainage system:
The original scope of work included limited storm drainage improvements, amounting to the
resizing of inlet structures. However, the completed hydrology and hydraulics studies for the
project indicate the need for two drainage systems. The first, extends about 600 feet
immediately south of Naples Street. The second, is located on Broadway south of Palomar
Street and extends about 1,000 feet. The need for these systems was not found during the
budgeting studies because at this stage of the process, the need for drainage facilities is
determined by reviewing historical drainage studies only. A further and more detailed study
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Meeting Date 12/5/95
is performed during the fInal design of the proj ect. In this case, for the preliminary stage staff
relied on a special study of storm drain facilities for Chula Vista performed back in 1964 by
Lawrence, Fogg, Florer and Smith. (the "Fogg report"). This study is usually very reliable
for most of Chula Vista and is used extensively by staff and consultants. However, for this
particular location, which was under the County's jurisdiction in 1964, a redirection of
drainage pattern occurred and became apparent during the design process. These drainage
systems are estimated to cost a total of $171 ,400 (Exhibit C).
3. Additional median opening on Broadway South of Palomar:
During the consultation process with property owners and merchants, and before the public
hearing for the project on April 25, 1995, staff received a request from property owners and
tenants to allow an opening in the median south of Palomar Street. In the Council agenda
statement for the April 25, 1995 meeting, staff informed Council of these discussions and
recommended not to provide the opening. Council concurred with our recommendation.
However, staff has since reconsidered the possibility of such an opening in an endeavor to
accommodate merchant's concerns/desires. In addition, the new opening was requested by
the property owners on the southeast comer of Broadway and Palomar Street during the
negotiation for right-of-way acquisition at that location. In return, the property owners have
agreed to grant the City gratis, the needed right-of-way (a saving of $7,500). Staff has
developed a median opening at the requested location which will balance the concern for
safety with the merchant's desire and is now recommending the incorporation of this opening
in the projects plans. Attached as Exhibit D is a plat showing the staff suggested solution.
Staff estimates the cost of providing a median opening to be very similar to rebuilding a new
median, thus, the additional cost of the option is minimal.
4. Removal and replacement of existing median curbs:
The existence of raised medians in this section of Broadway was brought to Council's
attention at the April 25, 1995 meeting. At this meeting, Council directed staff to keep the
existing medians based on the following factors: cost, Safety Commission recommendation,
merchant's preference, continuity with adjacent Broadway segments, aesthetics, existing
pattern of traffIc, meeting our standards, accident level, design capacity and ease of
construction. In making its decision, Council evaluated three alternatives and approved the
retention of medians and the installation of landscape and hardscape within those medians.
However, as a cost saving measure, staff recommended and council approved that the
existing median concrete curbs be maintained with minor changes in confIguration.
Staff is now recommending reconstruction of the existing median concrete curbs due the
following:
. The need to reconstruct about two thirds of the asphalt concrete pavement adversely affects the
contractor's ability to preserve the existing median curbs. As originally proposed (mostly overlay),
the contractor had to trench only behind the median curbs to allow for landscaping. However, since
we now know that we need to reconstruct the structural section with 19 to 24 inches of asphalt
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Page 4, Item_
Meeting Date 12/5/95
concrete, the contractor will need to trench in front and behind the median curbs. Therefore,
preserving the curbs would cost more than originally envisioned.
. The need for storm drain system improvements dictates the need to select the best location for the
proposed system along Broadway. Staffhad no choice but to locate the systems along the center of
the roadway across a large portion of the medians. This location was chosen to prevent conflicts with
existing utilities, to reduce public inconvenience and traffic conflicts during the construction period,
to be compatible with construction phasing and to avoid trenching in the middle of a driving lane.
. Originally, staff concluded from the records available for our review that a concrete slab under
Broadway ended at Moss Street. However, soil testing in the segment between Naples street and
Anita street revealed the existence of the 18 foot wide concrete slab under the full length of
Broadway. Portions of this slab have to be removed to allow for the new pavement and for the
landscaping of the medians. The removal of this concrete slab will necessitate the removal of the
median curbs above it. It will be more expensive to keep the median curbs in this case during
construction because it will require an elaborated saw cutting operation to the concrete slab under
the curbs.
The above factors, combine to make the retention of the median curbs a constructability problem to
contractors since a large portion of the curbs will be within an area targeted for demolition and
reconstruction. Selective demolition is typically more expensive because of the added possibility of damage
due to construction equipment scraping or breaking the improvements. Therefore, contractors tend in cases
like this to increase their demolition bids to account for the business risk associated with such an
arrangement. Due to these factors, staff is recommending now the complete replacement of the median
curbs. The medians would be reconstructed to the same extent and width as exists now. No changes to the
landscaping work is proposed. The original CIP budget for median reconstruction was $250,000. The
increase in reconstruction costs will increase the median construction costs by about $60,000 above the
originally budgeted cost to $310,000. (Exhibit C)
Alternate Median Treatment
As discussed in the April 25 report, (Exhibit A), we discussed the option of a raised median as well as
removing the median (except near major intersections) and paving with asphalt (similar to the section
between F Street and L Street). For several reasons, it was recommended to keep the existing median curbs
and construct 65% decorative paving and 35% landscaping in the medians. The other alternatives were to
completely rebuild medians with 65% decorative paving and 35% landscaping or remove medians, except
at major intersection(s) (new staff recommendation), or pave with asphalt.
One of the reasons in favor of the original recommendation was that the cost would be less expensive. In
the April report, removing the raised medians alternative was more expensive than keep existing median
curbs, but was less expensive than completely removing the existing median and rebuilding a new median.
Other reasons that staff recommended a raised median included:
I) Safety Commission recommended to keep the raised medians;
2) Merchant preference;
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Page 5, Item_
Meeting Date 12/5/95
3) Consistent with adjacent Broadway segment (i.e. Broadway between Main Street and Anita
Street, and between L Street and Naples Street has raised landscaped medians);
4) Aesthetics;
5) Meeting our standard for this class of highway;
6) Already raised medians, so won't impact businesses; and
7) Lower accident level with raised medians vs. paved medians.
Staff has estimated that since we're now proposing to remove and construct new medians and curbs, we
would save $75,000 to $100,000 by removing the median and replacing with asphalt pavement. Council
may wish to consider this option. If Council does wish to remove the median islands, we recommend the
item be referred back to staff for more accurate estimates and to set up meetings with affected property
owners along the routes, then return with a public hearing before Council to consider removal of medians.
If Council accepts staff's recommendation to build new raised medians, the additional work with preparing
new design and estimate and working with property owners will not be necessary.
FISCAL IMPACT:
$230,500 has been appropriated for the design of this project. The FY 95/96 CIP includes an appropriation
of $2,108,000 in TransNet funds for the construction (contract, inspection, and contingencies) of the project
for a total of$ 2,338,500. This project and its funding is part of the RTIP program approved by Council on
February 22, 1994 by Resolution 17396. The new changes in scope of work will raise the total cost to
$2,795,000. Attached as Exhibit C is a detailed cost summary showing itemized impact of the scope of work
changes. Staff will return at the time award of contract is scheduled to appropriate additional funds. These
costs are still estimates and once bids are received, a more accurate amount of additional funds will be
determined.
Attachments:
Exhibit A - Council Agenda Statement.
Exhibit B - CIP details sheet
Exhibit C - Cost summary sheet.
Exhibit D - Plat showing proposed opening south of Palomar Street.
SAlFile No.: 073S-10-ST-143-6
M:\home\engineer\agenda\st143rpt.jpl
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EXHIBIT -A- 1
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 4/25/95
ITEM TITLE: Public hearing on the "Improving Broadway from Naples Street to Anita Street"
project.
Resolution t..,~ 7~ Approving the retention of medians, the installation
of landscaping wnnin those medians and directing staff to complete the design and
final plans for the "Improvement of Broadway from Naples Street to Anita Street
Project"
SUBMITTED BY: Director of Public Work~.~Y
REVIEWED BY: City Manager (4/5ths Vote: Yes_No.1U
On November 7, 1972, Council passed Resolution No. 6655 adopting Council Policy 576-12. This
policy requires that a public hearing be held prior to any widening of trave]ways within the City.
Additionally, in response to the business community concerns regarding medians, Council has directed
staff to bring back the medians issue in advance of any design work. The FY 1994-95 Capital
Improvement Program (CIP) budget includes funding for design of the reconstruction of Broadway from
Naples Street to Anita Street (STI43). The project includes the renovation 'of the existing medians
where necessary and the widening of Broadway at Palomar Street to accommodate dual left turn lanes.
This public hearing addresses the section of Broadway from Naples Street to Anita Street.
RECOMMENDATION: It is recommended that Council:
I. Hold a public hearing on the "Improving of Broadway from Naples Street to Anita Street"
project.
2. Approve the retention of the medians, the installation of landscaping within those medians, and
direct staff to complete the design and final plans for the project.
BOARDS/COMMISSIONS RECOMMENDATION: On April 13, 1995, the Safety Commission
reviewed the proposed reconstruction project. The Sa~ety CommiSsion voted 6-0-1 with Commissioner
Bierd absent to recommend retaining the existing medians. Attached as Exhibit" A" is a copy of the
Safety Commission minutes (excerpt).
DISCUSSION:
On October 17, 1989, Council by Resolution No. 15349 approved the basic street standards for various
streets shown on the Circulation Element of the General Plan. . Broadway is classified as a four-lane
major roadway on the circulation plan. In previous fiscal years, Council has approved the widening
of Broadway both to the north and south of this project's limits to meet these City standards.
Specifically, Broadway was recently widened from "F" Street to "I" Street and reconstructed from "L"
Street to Naples Street last fiscal year. The portion between "I" Street and "L" Street is now under
construction and is expected to be completed this year.
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EXHIBIT . A. 2
Page 2, Item C\
Meeting Date 4/25/95
A notification letter was sent on March 2 to all 250 owners and tenants affected by this project to attend
a Public Information Meeting. Also notified were the Broadway Business Association and the Chula
Vista Chamber of Commerce. This meeting was held on Thursday, March 23, 1995, with about 20
propeny owners and tenants potentially impacted by this reconstruction project in attendance. During
the meeting the merchants voiced concern about the impact the construction activities will ha'.e on their
businesses and provided suggestions as to how these impacts could be diminished. The Broadway
Business Association and most in attendance were in opposition to maintaining the median islands. In
general, however, all attendees were supportive of the reconstruction project. Their major
comments/recommendations are discussed below and are summarized on Exhibit "B", attached. Prior
to our March 2 meeting, staff met with the Broadway Business Association on February 23, 1995 to
give the members an update on the planning of the project.
The general scope of the project is to reconstruct the travelway in this portion of Broadway in order
to replace deteriorated asphalt pavements and to install missing improvements and sidewalks. In
addition, the east side of Broadway immediately south of Palomar Street will be widened to allow for
double left turn lanes to north-bound traffic. The construction of missing improvements and the
widening to provide the two way left turn lane should make this section of Broadway both safer and
more beneficial to the adjacent businesses. Most of the existing curb, gutter and sidewalk on both sides
of Broadway will remain in place. New construction is proposed only where needed such as missing
improvements, deteriorated and cracked slabs and sub-standard improvements not meeting the American
with Disabilities Act (ADA). Some existing improvements such as drainage system, pavement, traffic
signals and certain driveways will be removed and replaced to meet our current standards. A two (2)
feet in width strip of right-of-way will be required to allow for the needed widening at the southeast
corner of Broadway and Palomar Street. No other right-of-way will be required for the project with
the exception of minor property acquisition on some corner lots necessary to construct new curb returns.
Existinl! Raised Medians
The City Council at its meeting of February 2, 1990 provided staff with general policy direction
concerning construction of street improvements along the Broadway corridor including construction of
raised median islands. At this meeting, Council accepted the following recommendation based on staffs
report and input by the Chamber of Commerce:
1. The street to be widened as necessary.
2. Existing medians to be maintained and new medians would be permitted only at major
intersection.
3. All landscaping shall be low growing shrubs which do not block signage.
Subsequently, during the design of the Broadway project between F Street and I Street, concerns
brought forward by the business community caused the Council to direct that staff bring forward for
review all further proposals for Broadway which include raised medians.
Also, on February 22, 1994, while considering the adoption of the seven year TransNet Local Street
and Road Program for the FY 1995-2001 period, Council directed staff to return to them to consider
the retention of the medians in this portion of Broadway. Attached as Exhibit C is the Council Agenda
Statement and minutes for the February 2, 1990 Council meeting and the minutes of the February 22,
1994 Council meeting.
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EXHIBIT -A- 3
Page 3, Item q
Meeting Date 4/25/95
Between Naples Street and Main Street, Broadway has existing full median islands. Median islands to
the north and south of the project are currently fully landscaped, however, the existing median islands
within this project limit are currently paved with asphalt concrete. (See Exhibit "0" showing existing
improvements). In response to public input and in preparation for tonight's Council meeting, staff
reviewed three different options that Council may evaluate in its decision to improve/remove the existing
medians:
Alternate I. Maintain existing median curbs with one minor change in configuration and construct
hardscape and landscape in place of the asphalt paved islands. (See Exhibit "E")
Alternate 2. Completely remove and replace existing medians with new landscaped islands. (See
Exhibit "F").
Alternate 3. Eliminate most of the existing medians and construct a paved, stripped two-way left turn
lane with median islands constructed only at the intersections due to overriding safety
concerns. (See Exhibit "G").
These alternatives were evaluated utilizing a matrix containing the following factors: Cost of median
area work, Safety Commission recommendation, merchant's preference, continuity with adjacent
Broadway segments, aesthetics, existing pattern of traffic, meeting our standards, accident level, design
capacity and ease of construction. This decision making matrix is attached as Exhibit "H". In
evaluating factors impacting the existing medians, staff considered the fact that these medians have been
in existence in the area for more than twenty years. Therefore, ingress and egress traffic patterns to
business are well established in this area of Broadway. Also, new median islands do currently exist to
the north and south of this project. With regard to traffic safety, there is strong evidence, on local and
regional level , that high volume business streets, such as Broadway, experience less mid-block accidents
where raised medians exist than similar streets without medians. To illustrate this point, staff prepared
a report on accident rates on Broadway as they relate to the various traffic conditions existing between
C Street and Main Street for a twelve month period from January 1 - December 31,1994. This report
is included as part of Exhibit A. Based on this evaluation process, staff is recommending that alternate
1 be adopted for this section of Broadway. Per this alternative, we would retain the existing median
and maintain the existing concrete curbs while replacing asphalt paving within the islands with attractive
stamped concrete hardscape and landscaped pockets. The decision making matrix summarizes the
advantages/disadvantages of each alternative. By Resolution No. 12030, the City Council adopted the
median landscaping policy No. 576-08 revised on May 22, 1985. The subject policy established various
median design standards. The staff proposal conforms to all these standards including 65 percent
hardscape to 35 percent landscape of the entire median surface area.
Public Hearin2 Requirement
Council had directed, during several previous actions, that medians be brought forward for consideration
prior to the construction of the new improvements on Broadway. To prepare for tonight's public
hearing, staff met with the area owners and tenants on March 23, 1995 and with contractors of previous
segments of Broadway on March 8, 1995. The purpose of these meetings was to obtain input from the
affected merchants and feedback from contractors in the design and subsequent construction of the
proposed project. Through this communication process, we have obtained suggestions which will
diminish the impacts associated with construction activities of this magnitude and nature.
~ 1- CJ
EXHIBIT -A- 4
..
,
Page 4, Item q
Meeting Date 4/25/95
Since the March 23 meeting, we have worked to address each of the merchant's major
comments/recommendations. The majority of these comments/recommendations have been found to
be appropriate and will be implemented.
Specific measures which we plan to implement as a result of this consultation process include:
. Do one side of street first and only 1,4 mile at a time - the contractor would be
required to complete the improvements on one side within the 1,4 mile before
moving to the next section
. After removal of the existing curb, gutter and sidewalk the new improvements must be
installed within 10 working days
. Construction of all curbs, gutters and sidewalks to be completed before
demolishing and removing pavement
. Use high early strength cement for driveway construction
. Provide "Open for Business" signs for each business
. Prohibit work from November 1995 to January 1996
. Have contractor work 10 hour days
. keep full-time inspector(s) on the job
. Equip the inspector(s) with a pager - provide the pager number(s) to the
merchants
. Inspector(s) to personally contact each merchant prior ,to actual work
commencement adjacent to the shop
. Keep on-street parking as long as practicable
. Minimize depth of structural section
. Maintain all driveways signed and open
. Maintain access to bus stops at all times
. Meet weekly with merchants and lor the Broadway Business Association during
construction
. Start north end of project and work south
. Advertise shops are open for business during construction period
Measures considered, but not recommended:
. Do work durin~ the ni"ht only
Implementation of this suggestion will increase the construction cost of this project
significantly. In addition, the noise generated by construction activities would disrupt
the tenants of the apartments located on the east side of Broadway between Oxford Street
and Palomar Street.
. Relocate/redesii'n curb oDeninl! south of Palomar Street
An opening in the median south of Palomar Street was suggested to facilitate left turn
movements by large vehicles into a business in this area. This suggestion was considered
at the Safety Commission meeting and was rejected because it is contrary to the
Commission's goals of reducing mid-block intersections as much as possible (Exhibit A).
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EXHIBIT -A- 5
"
Page 5, Item q
Meeting Date 4/25195
Based on our meeting ",'ith the merchants, it is staff's opinion that, in general, they are supportive of
the project. One of the major reasons for their support is that 'they are able to compare the existing
condition of this reach of Broadway with the two improved portions to the north and south. Other
general reasons include the fact that the existing pavement is deteriorated and requires reconstruction
and the street is currently carrying high traffic volumes. Nevertheless, several merchants and Broadway
Business Association favored the elimination of the existing medians in order to give more direct and
immediate mid-block left turn access to their businesses.
Construction Schedulini
Based on the comments received from the merchants and the experiences gained from the previous
projects, we propose to begin the street widening work in January 1996.
Once commenced, the contractor will be allowed to progress ',4 mile ahead of new improvements and
will have up to l.QQ working days to complete the project. The merchants we met with understand that
this schedule will impact their sales; but that it is proposed with their overall interest in mind while
accommodating the City's bidding/funding constraints. Minor disruption due to construction activities
is expected for this reach of Broadway, because no street widening will be necessary, except at the
southeast corner of Broadway and Palomar Street (to provide an additional left-turn lane for northbound
Broadway to westbound Palomar Street motorists). In addition, utilities are already undergrounded and
only minor relocation work is expected from utilities rather than a major undergrounding efforts as was
the case in the previous segments of Broadway. The Sweetwater Authority will replace its water main
along this project's limits prior to commencement of our work. We are 'currently working with
Sweetwater Authority staff to coordinate both projects and assure that disruption to businesses is kept
to a minimum.
Property Access DurinQ Construction
Perhaps the major concern expressed by the merchants was that of property access during construction.
Several options were discussed and are proposed by staff. They are:
. Use early strength cement - allowing driveways to be open within 72 hours to
veh icular traffic as opposed to one week
. Place driveways '12 at a time - keeping access to the property open at all times
. Properties with more than one driveway will keep at least one open driveway at
all times
. Install 4 ft. x 4 ft. wooden signs adjacent to each'business advertising shop is
open to business and lor clarifying access points
. Keep close contact with merchants to plan work schedules which accommodate
their merchandise delivery periods
. Wherever possible, provide alternate access point
. Set limits on number of hours contractor can block/disrupt access to the property
. Only limited number of driveways will be reconstructed
Staff Recommendation
It is staff's recommendation that Council direct that we proceed with the completion of the plans and
specifications to reconstruct Broadway from Naples Street to A~ita Street while retaining me~ians with
one minor change in configuration and constructing landscape 1D place of the asphalt paved Islands.
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EXHIBIT -A- 6
,.
Page 6, Item q
Meeting Date 4/25/95
Staff has been receptive to the merchant's concerns regarding disruption to their businesses during the
construction activities. We propose to prepare a "tight" set of specifications which include measures
that diminish this adverse impact. In addition, we propose a construction schedule. which is designed
to minimize the construction period while eliminating disruptive activities during the merchant's busiest
period of the year. Staff will maintain close, daily communications with the area merchants and act
proactively to diminish the daily inconveniences attributable to construction activities. The inspector
will contact each merchant prior to commencement of work activities immediately adjacent to his/her
shop and provide the merchant his pager number in case they need to discuss the work activity with
him. All the concerns expressed by the merchants at our March 23 meeting will be addressed on the
contract specifications.
Conclusion
The purpose of the proposed Improvement of Broadway between Naples Street and Anita Street is to
provide a travel way that accommodates existing and projected traffic volumes. Widening of Broadway
to the north and south of this project's reach has been completed previously.
The concerns raised by the merchants impacted by the construction activities are listed above and all
will be addressed in the contract's plans and specifications. Staff believes that the concerns expressed
by the merchants at the March 23 meeting are valid. The project as proposed, incorporates all the
measures the merchant's suggested and collectively will diminish these adverse impacts. Staff has
endeavored to balance the merchant's concerns/desires with the physical construction requirements
which will enable the City's contractor to complete the project in the shortest time while maintaining
a safe environment for all (construction workers. merchants and traveling public). All property owners
and tenants impacted by this project have been notified of the public hearing.
FISCAL IMPACT:
$230,500 has been appropriated for the design of this project. The FY 95/96 proposed CIP includes
a recommendation to appropriate $2.108,000 in TransNet funds for the construction (contract.
inspection, and contingencies) of the project. This project and its funding is part of the RTIP program
approved by Council on February 22, 1994 by Resolution 17396. The actual appropriation of
construction funds is contingent on Council's adoption of the FY 95/96 CIP. The annual landscape
maintenance cost for the entire length of this project is estimated to be approximately..$6.ooo.
SMile No.: ST.143-6
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Exhibit "A". Safety Commission minules.
Exhibit "B". Public commcnl$lrccommcndations.
Exhibit .C.. Council previous directions on medians alona Broadw.y MinuleS &. Aeendl SLllemeIIlS
Exhibit "D". pllt abowina exillin, conditions
Exhibit "E\:plat lhowina ahemative 1.
Exhibit "F". pial ahowina alternative 2.
Exhibit "O",:pl'l ahowina1ltemative 3.
Exhibit "H". Dcc:ision makin; matrix.
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EXHIBIT lie"
SCOPE OF WORK
COST SUMMARY
BROADWAY STREET IMPROVEMENTS
FROM NAPLES TO ANITA
ST-143
Items with substantial scope of work changes:
ITEM Budgeted Cost Changes "Estimated" Cost
Storm Drain $ 0.00 + $171,400.00 $ 171,400.00
Pavement $ 300,250.00 + $394,750.00 $ 695,000.00
Medians $ 250,000.00 + $60,000.00 $ 310,000.00
Other Construction Cost $ 1,557,750.00 - $170,416.00 $ 1,387,334.00
---------------------- --------------------- ------.------------
Total Construction Cost $ 2,708,000.00 + $455,734.00 $ 2,563,734.00
Total Budget $ 2,338,500.00 $ 2,795,000.00
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COUNCIL AGENDA STATEMENT
Item No. ~/. J
Meeting Date 12/5/95
ITEM TITLE: Resolution J81ST) Authorizing the Mayor to
Execute the Second Amendment Extending Contract No.
C094-082 Not to Exceed $10,000 for Solid Waste
Consultant Services with Brown, Vence and
Associates (BVA)
SUBMITTED BY: Deputy City Manager yer.pd-
REVIEWED BY: city Managers:;" ~ ~
Sexton Sand and Gravel Corporation want to enter into a long-term
flow control agreement with the City prior to executing a purchase
option for the transfer station site property and prior to approval
of the Special Land Use Permit by the Redevelopment Agency.
specialized outside technical expertise is needed to provide the
city with advice on contract terms for this work within a short
time frame.
RECOMMENDATION: Approve the resolution authorizing the Mayor to
execute a consultant services amendment contract with Brown, Vence
and Associates for technical and financial advice on solid waste
flow control terms in an amount not to exceed $10,000.
BOARDS/COMMISSIONS RECOMMENDATION: N.A.
BACKGROUND
BVA has provided the City with solid waste technical expertise
since October 1993 through three previous contracts and two
contract extension directed by the City Council as follows:
Date Services Aoorooriation
10/19/93 RFP Development $ 17,000
3/1/94 Proposed Evaluation and
Economic Analysis 24,850
5/10/94 Extension to 3/1/94 Contract 10,000
6/7/94 Contract Negotiation and
Technical Services 22,000
10/4/94 First Amendment Solid Waste
Services to 6/7/94 Contract 30.000
$103,850
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There is about $1,600 in funds remaining in the current contract,
which was to have covered services through the end of calendar
1994. Staff has not had to utilize Brown Vence's services yet in
calendar 1995.
The services which have been provided by BVA during 1993-94 have
included:
· Participation with City staff in negotiation sessions
with Sexton establishing business terms for siting,
permitting and design services.
. Review and evaluation of the Sexton business terms.
. Review and comments on the Solid Waste Authority's rate
report (prepared by Deloitte & Touche).
.
Assistance in preparation of the Request
Proposal/Information on Local Enforcement Agency
contract services.
for
(LEA)
. Assistance with detailed transfer station site selection.
. Design issues for the transfer station and MRF.
. Economic analysis for comparative systems as needed.
. Project management and technical assistance.
. Attendance at meetings as requested.
DISCUSSION
Sexton has requested that the City enter into a long-term agreement
with them committing our solid waste flow. On September 25, 1995,
Sexton submitted a very sketchy outline of an agreement. Staff met
with the applicant on October 17, 1995 and discussed a list of
issues that needed to be addressed. Letters were exchanged with
the applicant on October 26 and November 7 clarifying a number of
points. Additional negotiations between the applicant and staff
are set for early December. We are concurrently drafting our own
set of business terms. It is our intent to present Council with an
agreement for consideration concurrent with the transfer station
permit approval or as soon as we are able to conclude negotiations.
The transfer station permit will likely be before council in
February 1996.
Attachment A is a letter from BVA on a possible scope of tasks and
estimated budget of up to $10,000 which could cover the following
services:
2
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. Receiving and providing suggestions on City's business
terms for flow agreement.
. Review and evaluation of Sexton business terms.
. Participation with city staff in negotiation sessions
with Sexton.
. Evaluation of outstanding issues with the Solid Waste
Authority and provision of appropriate guarantees and
protection.
. Project management and technical assistance.
Attachment B is a recommended second amendment for continuation of
technical consulting services with BVA in an amount not to exceed
$10,000. All services would continue to be provided as directed by
the City and billed on a "time-and-materials" basis using the rate
schedule currently included in the existing contract. Thus, the
city will be able to hold BVA's hourly rate structure to what it
had been for prior contracts in 1994.
It is also recommended that the consultant selection requirements
be waived and this contract be extended because of BVA's
involvement with the project to date, understanding of the issues,
ability to respond quickly, and documented reliability for
performance and quality results.
FISCAL IMPACT:
In October 1994, the Council approved a contract for negotiation
services with BVA for $30,000. That money is still available.
This contract proposes to spend $10,000 of that amount on a revised
scope of services to assist the city in negotiating a flow control
agreement. No additional appropriation is needed.
Expenditure of all of these contract funds would amount to a
cumulative payment for consultant services to BVA of approximately
$113,850 since October, 1993.
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RESOLUTION NO. J8/~
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT
EXTENDING CONTRACT NO. C094-082 NOT TO EXCEED
$10,000 FOR SOLID WASTE CONSULTANT SERVICES WITH
BROWN, VENCE AND ASSOCIATES (BVA)
WHEREAS, at the June 7, 1994 meeting, Council approved a
$25,000 contract with Brown, Vence and Associates (BVA) for
specialized solid waste consultant services related to the first
phase development of transfer station and materials recovery
facility (MRF); and,
WHEREAS, at the October 4, 1994 meeting, Council approved a
First Amendment to the contract for an additional $30,000 in
services; and,
WHEREAS,
available, an
necessary; and,
if the City
extension of
desires to have future
contract scope of work
services
will be
WHEREAS, this Second Amendment approves $10,000 in funds for
services which can be projected to be provided to the city for the
next few months up to when the Redevelopment Agency considers the
Special Land Use Permit for the transfer station.
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula vista does hereby authorize the Mayor to execute the Second
Amendment Extending Contract No. C094-082, known as document number
C094-218, a copy of which is on file in the office of the City
Clerk, not to exceed $10,000 for Solid Waste Consultant Services
with Brown, Vence and Associates.
Presented by
ruce M. Booga
City Attorney
George Krempl
Deputy City Manager
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1 \-27-95 09: 54AM FROM BROWN, VENCE ~ ASSOC TO 16195855612
P002/003
Attachment "A"
Bnnm, Ycnce
No~ 221 1995
(, AH..llles
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120~S1r'"
SUb 1000
Mr. George Krempl
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910
SllatI'flMllactCA9'l104
BVAJobNo.:
Subject:
411S/'3'_
'15195U220 FAX
93032.01
Negotiations Assistance
An Equal Oppornmly
Dear George:
E/t1IIDYlr
We are pleased to provide IIllsis1ance to the city of Chula Vista (City) in its negotiation
with Sexton regarding a long-term flow control agreement between the City and Sexton.
Tasks that have been ideotifiecl iDClude:
· Providins SUSSestions on the City's btuiness termS for agreement
· Review and evaluation of SQllwn's business k:nn&
. Participlllion 011 Decc:mber 6 and 7 with City staff in negotiation se8llions with
Sexton
· Evaluation of outs1anding issues and provision of appropriate guarantees and
protection
. Project management and tecbnical assistance.
BulJaet
We recommend a not-to-eltCCed budget of $10.000 to cover anticipated professional fees
and out-of-pocket expenses. The work will be performed on a time and Jll8.terials basis
Wling the rate schedule in our el\isting contract. BV A will only expemI funds at the ..........
dim;tion of the City. RecycIod
r.....
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1\-27-95 09: 54AJ.! FROM BROWN, VENCE & ASSOC TO 16195855612
P003/003
--.-
Mr. GcoIgc Klempl
City or 0wIa Vbta
November 22, 1995
Page 2
Thank: you for the opportuDity to prepare this proposal. Please do not hesitate to contact
me If you have any questions.
Very truly yours,
BROWN, VENCB & ASSOCIATES
/rJ}1iII1I! wfJ.I/.et4a.-
Thomas Vem;e
Vice President
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Attachment "B"
Second Amendment to Agreement between
city of Chula vista
and
Brown Vence and Associates
for Solid Waste Consulting Services
This second amendment to the agreement ("Agreement") dated
September 22, 1994 for the purposes of reference only, and
effective as of the date last executed, is between the city-related
entity as is indicated on Exhibit A, paragraph 2 of the Agreement
dated May 25, 1994, as such ("city"), whose business form is set
forth on Exhibit A, paragraph 3 of the Agreement, and the entity
indicated on Exhibit A, paragraph 4 of the Agreement, as
Consultant, whose business form is set forth on Exhibit A,
paragraph 5 of the Agreement, 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, on May 24, 1994 the city Council directed staff to
negotiate a contract with the Consultant for negotiation services;
and,
Whereas, on June 7, 1994 the City Council waived the
consultant selection requirements and authorized the Mayor to
execute a contract with the Consultant not to exceed $25,000 for
solid waste negotiation and monitoring assistance; and,
Whereas, on October 4, 1994, the city Council approved a First
Amendment to the contract for an additional $30,000 in services;
and,
Whereas, in accordance with the terms of that Agreement known
as Contract No. C094-082, Consultant has provided specialized solid
waste consultant services for the negotiation of a contract for
first phase development of a transfer station and materials
recovery facility and related solid waste technical assistance as
directed by the City; and,
Whereas, the city desires to continue solid waste technical
consulting services, the scope of which are described in Exhibit C
of the Agreement, and which will require an extension of scope of
work for future services; and
Whereas, Consultant warrants and represents that they are
experienced and staffed in a manner such that they are and can
continue to prepare and deliver the services required of the
Consultant to the City at City's discretion as provided in the
Agreement and its attached Exhibits; and,
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Obligatory provisions
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do
hereby mutually agree that this section of the Agreement will be
amended as follows:
Exhibit A, paragraph 11 (C):
(1) (x) 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 $10,000 including all Materials, and other
"reimbursables" ("Maximum Compensation").
Exhibit B, Scope of Work and Fee Schedule.
Second Amendment to Agreement with Brown, Vence and Associates
Page2
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EXHIBIT B
ScoDe of Work
The following tasks will be performed by the consultant as directed
by the city on a time and materials basis:
. Providing suggestions on the City's business terms for
agreement.
. Review and evaluation of Sexton's business terms.
. Participation on December 6 and 7 with City staff in
negotiation sessions with Sexton.
. Evaluation of outstanding issues and provision of
appropriate guarantees and protection.
. Project management and technical assistance.
Fee Schedule BVA
Technical Services
Senior Principal
Principal
Senior Associate II
Senior Associate I
Associate II
Associate I
Engineer/Planner II
Engineer/Planner I
Word Processor, Secretarial
$140 per hour
$120 per hour
$110 per hour
$100 per hour
$ 90 per hour
$ 80 per hour
$ 70 per hour
$ 60 per hour
$ 45 per hour
Reimbursable Costs
Consultants; Subcontractors
Lodging and Meals
Travel
- private or company car
- all other
Reproductions
Binding and Cover
Delivery and Other Expenses
Computer Time
Communications (Fax, phone, etc.)
Cost + 10%
Cost + 10%
$0.J4/mile
Cost + 10%
$0.082 per image
$5.75
Cost + 10%
$26 per hour
2% surcharge on total invoice
Second Amendment to Agreement with Brown, Vence and Associates
PageJ
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Signature Page
to the Second Amendment to
Agreement between the city of Chula vista and
Brown, Vence and Associates
for Solid Waste Consulting Services
IN WITNESS WHEREOF, City and Consultant have executed this
First Amendment to the Agreement thereby indicating that they have
read and understood same, and indicate their full and complete
consent to its terms:
City of Chula vista
Dated:
By:
Shirley Horton, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Bruce M. Boogaard, City Attorney
Brown, Vence and Associates
Dated:
By:
Thomas D. Vence, Vice President
Second Amendment to Agreement with Brown, Vence and Associates
Page4
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_ Uaited NabOllB Day Cmt
_ Vetenus Mvisory Cmsm
_ Youth Cmsm
_ OTIIER
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_ Houaia& Mvisory Cmsm
_ HWIIID hlaliOD Cmsm
JL: lilt', Frieadsbip Cmsm
_ library Board of Trua-
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_ Olay Valley Proj Area Cmt
_ Parks &: Roc Cmsm
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NAME: <... bV',-~
HOME ADDRESS: F.. CITY: RO/I' kf ZIP: q ICfO 2-
RES PHONE #: US PHONE #: <.a IfY\O REGISTERED VOTER IN CHULA VISTA: V
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WHAT ARE YOUR PRINCIPAL AREAS OF INTEREST IN OUR CITY GOVERNMENT AND wa,.T BXPE}UENCE(S) OR
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PkMe Indictlle Your IlIIerm By Cheddng lire Appropriale Une(s).
IF CHULAVIST ( 11 YOII C7Iecl More ThmI One Une. PkMe PriorlIiu Your 1111_1.
_ Aging (cmsi\t &lEftK'S OFFlCf~ Growth Mgmt Cmsm -'- Raoun:e CoIIserv Cmsm
_ Appeals (Board ot) _ Housin. Advisory Cmsm _ SUety Cmsm
_ Charter Review _ Human ReJation Cmsm _ Soulb_ PAC Cmt
_ Child Care Cmsm ..:1... IDt'l Friendship Cmsm UC - cv
_ Civil Service Cmsm _ UImuy Board of T~ _ United NatiOllB Day Cmt
_ Cultural Arts Cmsm _ Mobilehome Rent Review Cmsm _ Vetenms Advisory Cmsm
_ Design Review Cmsm _ Olay Valley Proj Area Cmt Youth Cmsm
Economic Dev Cmsm _ Parks &. Rec Cmsm OTHER
_ Ethics (Board ot) _ PIIIUIin, Cmsm
NAME:
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PLEASE PRINT CLEARLY
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HOME ADDRESS:
RES PHON~ BUS PHONE":
CITY: L\W.LA- \J\~ -m ZIP: "J '~lO
REGISTERED VOTER IN CHULA VISTA: /
YES NO
DO YOU LIVE WITHIN THE CITY LIMITS OF CHULA VISTA? - /"
YES
HOW LONG?
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WHAT ARE YOUR PRINCIPAL AREAS OF INTEREST IN OUR CITY GOVERNMENT AND WHAT EXPERlENCE(S) OR
SPECIAL KNOWLEDGE CAN YOU YOU BRING TO THOSE AREAS? -:r. p..V\f\ \Vble.ve.5~ III\. ~ rA~
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~34--';1
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LINDA JEAN ALLEN
Chula Vista, CA 91910
WORK EXPERIENCE
International Boundary and Water Commission, United States Section San Ysidro, California
Mechanical Engineer March 1995 to present
Responsible for overseeing the design, selection, installation, and/or construction of mechanical systems for a 25 mgd
international wastewater treatment plant. Responsibilities include:
. Reviewing plans and specifications of plumbing, valving, heating, ventilation, air conditioning, and other mechanical
systems to ensure conformance with federal, state, and local codes and regulations
. Reviewing technical submittals, shop drawings, and construction materials to determine acceptability and completeness
in accordance with contract requirements
. Coordinating with construction contractors to ensure quality construction and conformance with contract plans and
specifications, and compliance with safety, environmental, and regulatory guidelines
Arizona Department of Environmental Quality
Environmental Engineer Specialist
Responsible for planning, coordinating, and overseeing activities conducted under the state
Prevention Technical Assistance Program. Major responsibilities:
. Assisted hazardous waste generators and toxic substance users with the identification of pollution prevention
opportunities that will elirninate or reduce the use of toxic substances, the generation of hazardous wastes, and the
release of pollutants to the environment
. Developed and conducted public outreach and educational activities, including training workshops, seminars,
conferences, and public presentations to disseminate information on pollution prevention
. Identified, obtained, and organized information (e.g. documents, reports, videos, slides) on a wide range of topics
pertaining to pollution prevention for the state Pollution Prevention Information Resource Center
. Researched and prepared technical assistance documents. including guidance manuals. handbooks. fact sheets.
brochures, and the quarterly Arizona Pollution Prevention Newsletter that present technical, organizational. and
regulatory information on pollution prevention
. Developed and maintained databases for tracking technical assistance and public outreach activities
. Developed policies and procedures for the technical assistance program to ensure consistency with statutory mandates
and Department of Environmental Quality objectives
Yolo County Department of Public Works and Transportation Woodland, California
Assistant Civil Engineer November 1989 to June 1992
Responsible for the engineering design, analysis, and maintenance of solid waste management systems for a mid-sized
municipal sanitary landfill and associated facilities. Major responsibilities and accomplishments:
. Designed, permitted, and directed the construction of a recycling center that services rural, unincorporated communities
in the County with limited recycling opportunities
. Designed a white goods recovery facility and a solid waste transfer station at the County Landfill to facilitate the
recovery of marketable materials from the wastestream and to improve the safety of the general public
. Performed economic feasibility studies and financial analyses to evaluate long-term capital improvement projects and
establish the County Landfill user fee structure in accordance with projected budgetary needs
. Prepared fiscal year operating budget (+$4 million) for the County Landfill consisting of annual personnel, operations,
and long-term capital improvement expenditures
. Maintained and serviced County Landfill computer system used for daily record keeping and account billing with over
300,000 transactions recorded annually
Phoenix, Arizona
July 1992 to present
multi-media Pollution
Alaska Health Project Anchorage, Alaska
Intern June 1991 to August 1991
. Researched and co-authored a Waste Reduction Guide for Aviation Maintenance FacUities that presents waste
reduction opportunities for helicopter and light airc:aft maintenance facilities
. Conducted hazardous waste minimization audits ::nd provided on-site technical assistance \0 small businesses to aid
in the reduction of hazardous waste generation m.d to improve regulatory compliance
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Rohr Industries, Inc. Chula Vi.:", Ca'rfornia .
Design Engineer September 1988 to September 1989
Responsible for the engineering design and analysis of metal and composite components for large augmented gas turbine
aircraft engines. Major responsibilities and accomplishments:
. Produced mechanical designs and completed analyses of converging-diverging exhaust nozzles components
. Created detailed production drawings utilizing computer aided design (CAD)
General Electric - Aircraft Engines Cincinnati, Ohio
Design Engineer May 1984 to August 1988
Responsible for the engineering design, analysis, development, and testing of metal and composite components for large
augmented gas turbine aircraft engines. Major responsibilities and accomplishments:
. Produced detailed mechanical designs of structural components of converging-diverging exhaust nozzles
. Conducted structural, heat transfer, kinematic, and life analyses of engine components utilizing finite element analysis
and modeling methods and standard engineering practices
. Provided technical support to customers by conducting field investigations of engines undergoing qualification testing
or in service to identify and resolve operational problems
. Supported manufacturing operations by determining capabilities of production processes and resolving quality control
problems usmg statistical process control (SPC)
. Directed the planning, setup, and execution of combustion test programs to determine performance and durability of
engine combustion systems
SPECIAL ASSIGNMENTS
United States - Asia Environmental Partnership Taipei, Taiwan
Environmental Fellowship Program September 1993
Completed a four week affiliation with the China Technical Consultants, Inc. Industrial Waste Minimization Demonstration
and Promotion Project.
. Exchanged technical and regulatory information on waste minimization and pollution prevention activities in the U oited
States and Arizona with government officials, industry representatives, and researchers in Taiwan
. Provided on-site technical assistance to textile, plastic, and pulp and paper industries in Taiwan to assist Wllh [he
elimination of or reduction in the generation of hazardous waste, air emissions, and wastewater discharges
EDUCATION
U r ,rsity of California, Davis, California
College of Engineering
Master of Science Environmental Engineering March 1992
Graduate School of Management
Master of Business Administration June 1991
Syracuse University, Syracuse, New York
L.c. Smith College of Engineering
Bachelor of Science Mechanical Engineering May 1984
Magna Cum Laude
PROFESSIONAL LICENSES, PUBLICATIONS, AND AFFILIATIONS
Registered Professional Engineer in Civil Engineering, Arizona #27353
Registered Professional Engineer in Mechanical Engineering, Arizona #28199
Waste Reduction Guide for Aviation Maintenance Facilities, copyright 1992 Alaska Health Project, with K. Benson, M.
Drumm, D. Kidd, and C. Reller
"Quality Control of Bottled and Vended Water in California: A review and comparison to tap water", with J. Darby,
Journal of Environmental Health, vol. 56, no. 8
Water Environment f~Jeration
American Society of Mechanical Engineers
Air & Waste Management Association
f,merican Society of Civil Engineers
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~~~~ "~C~80ARD/COMMISSION/COMMITIEE APPLICATION
CllY OF ,~ ,,'YEO
CHUIA VISTA _ ' ' Please Indicate Your Interest By Checldng the Appropriate Line(s),
,'" .. 111 Yp'i%'jk More Than One Line, Please Prioritize Your Interest,
_ Aging (Cmsm on) ClR'V OF Growth Mgmt Cmsm _ Safety Cmsm
_ Appeals (Board of) fin Cl~U&tr"e1.ations Cmsm Southwest PAC Cmt
Charter Review _ I~rf!nd~iP Cmsm _ Town Centre Prj Area Cmt
Child Care Cmsm _ Library Board of Trustees _ UC - CV
Civil Service Cmsm _ Mobilehome Rent Review Cmsm _ United Nations Day Cmt
Cultural Arts Cmsm . . _ Otay Valley Proj Area Cmt Veterans Affairs
_ Design Review Cmsm Parks & Rec Cmsm ::t: OTHER ~ev..1:J,.,
Economic Dev Cmsm _ Planning Cmsm
_ Ethics (Board of) Resource Consev Cmsm
PLEASE PRINT CLEARLY
NAME:~\\"- ~~
HOME ADDRESS:
CITy:CltW\- \J 1s'1/\ ZIP: q {q 1\
RES PHONE US PHONE 1/: REGISTERED VOTER IN CHULA VISTA:
YES NO
DO YOU LIVE WITHIN THE CITY LIMITS OF CHULA VISTA? L HOW LONG? q IIIZ..S.
.
YES NO
.Yooth Commi..... Appli<811l' ONLY: School Alleudin2 CAS TL€ 'P1\(l\L.. H ( 0 rt Grade: q
COLLEGES ATTENDED & DEGREES HELD:
PRESENT EMPLOYER:
POSITION:
WHAT ARE YOUR PRINCIPAL AREAS OF INTEREST IN OUR CITY GPV~ AND WHAT EXP!RIEN~R
SPECIAL KNOWLEDGE CAN YOU YOU BRING TO THOSE AREAS? \ ~ L..\ ~ 10 ,
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I am familiar wi~ the respomibili\ies assigned to the BoardlCommillllion/Commille.: on which I wish to serve.
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SIGNATURE
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. . . PLEASE SEE mE REVERSE SIDE OF mls APPLICATION FOR VERY IMPORTANT LEGAL INFORMATION. . .
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