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HomeMy WebLinkAboutRDA Packet 1994/12/06 Tuesday. December 6, 1994 4:30 p.m. (immediately following the City Council meeting) Couucil Chambers Public Services Building 1. ROLL CALL: 2. APPROVAL OF MINUTES: Joint Meeting of the Redeve10nment Agencv/Citv Council of the Citv of Chula Vista CALL TO ORDER Agency/Couucil Members Fox _. Rindone _. Padilla _. and Chairman/Mayor Horton _ November 22. 1994 CONSENT CALENDAR (Items 3 through 6) The staff recommendations regarding the following items listed under the Consent Calendar will be enacted by the Agency by one motion without discussion unless an Agency, a member of the public or City staff requests that the item be pulled for discussion. If you wish to speak on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or 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 Action Items. Items pulled by the public will be the first items of business. 3. WRITTEN COMMUNICATIONS: None Subntitted. 4.A. AGENCY RESOLUTION 1435 B. COUNCIL RESOLUTION 17739 AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED AGREEMENT FOR COOPERATION BETWEEN THE CITY OF CHULA VISTA, CHULA VISTA REDEVELOPMENT AGENCY, AND THE SWEETWATER UNION IDGH SCHOOL DISTRICT FOR THE SOUTHWEST REDEVELOPMENT PROJECT AREA--Pursuant to Health & Safety Code Section 33401 the City and Agency entered into an Agreement for Cooperation with the Sweetwater Union High School District in December 1992. The purpose of the Agreement was to share a portion of the tax increment revenue generated from the project. Staffs of each party seek authorization to update the agreement to facilitate more efficient disbursements to the District. Staff recommends approval of the resolutions. (Community Development Director) AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED AGREEMENT FOR COOPERATION BETWEEN THE CITY OF CHULA VISTA, CHULA VISTA REDEVELOPMENT AGENCY, AND THE SWEETWATER UNION IDGH SCHOOL DISTRICT FOR THE SOUTHWEST REDEVELOPMENT PROJECT AREA Agenda 5. AGENCY RESOLUTION 1436 COUNCIL RESOLUTION 17740 6. AGENCY RESOLUTION 1437 -2- December 6, 1994 WAIVING THE FORMAL COMPETITIVE BlDDDING REQUIREMENTS AND APPROVING A SETTLEMENT AGREMENT WITH AMWEST SURETY COMPANY IN A FORM TO BE APPROVED BY THE CITY ATTORNEY wmCH WILL PROVIDE FUNDING FOR THE LANDSCAPING CONTRACTWITHBROOKWOOD LANDSCAPE, INe. AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME-- The Agency is requested to award a contract to complete landscaping work as part of the Auto Park grading to Brookwood Landscape, Inc., the low bidder. The previous land owner, Jimmie Shinohara, provided a Grading Bond and Landscaping Bond to the City to guarantee completion of the work. Agency Special Council and Agency staff negotiated Amwest Surety Company to pay for the grading work. Staff recommends approval of the resolution. (Community Development Director) WAIVING THE FORMAL COMPETITIVE BlDDDING REQUIREMENTS AND APPROVING A SETTLEMENT AGREMENT WITH AMWEST SURETY COMPANY IN A FORM TO BE APPROVED BY THE CITY ATTORNEY wmCH WILL PROVIDE FUNDING FOR THE LANDSCAPING CONTRACT WITH BROOKWOOD LANDSCAPE, INC. AND AUTHORIZING THE MAYOR TO EXECUTE SAME AUTHORIZING THE EXECUTION OF TWO EASEMENT AGREEMENTS REQUESTED BY THE SAN DIEGO GAS & ELECTRIC COMPANY FOR THE PURPOSE OF INSTALLING UNDERGROUND FACILITIES AND APPURTENANCES WITHIN UTILITY UNDERGROUNDING DISTRICT NUMBER 117 ALONG BROADWAY BETWEEN I STREET AND MOSS STREET--The two easements are at the southwest comers of two Agency-owned properties (753 and 801 Broadway). In order to underground the overhead utilities, San Diego Gas & Electric Company must place certain facilities (transformers, which are approximately 36" long, 36" wide, and 36" high) behind the sidewalk on Broadway. Community Development Department staff has reviewed the easement documents and concurs with granting of the easements to SDG&E. Staff recommends approval of the resolution. (Director of Public Works) · · END OF CONSENT CALENDAR · · PUBLIC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as public hearings as required by law. If you wish to speak to any item, please fill out the "Request to Speak Form" available in the lobby and submit it to the Secretary of the Redevelopment Agency or 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.) Comments are limited to five minutes per individual. 7. PUBLIC HEARING REVIEW OF FIVE YEAR IMPLEMENTATION PLANS FOR THE FOLLOWING REDEVELOPMENT PROJECT AREAS IN COMPLIANCE WITH SECTION 33490 OF THE COMMUNITY REDEVELOPMENT LAW (HEALTH AND SAFETY CODE SECTION 33000 et seq.): . BA YFRONT REDEVELOPMENT PROJECT; . TOWN CENTRE I REDEVELOPMENT PROJECT; . TOWN CENTRE II REDEVELOPMENT PROJECT; . OTAY VALLEY ROAD Agenda -3- December 6, 1994 REDEVELOPMENT PROJECT; . SOUTHWEST REDEVELOPMENT PROJECT --Section 33490 of the Community Redevelopment Law reqnires that on or before 12/31/94, and each five years thereafter, each redevelopment agency that has adopted a redevelopment plan prior to 12/31/93, shall adopt, after a public hearing, an Implementation Plan and Housing Implementation Plan therefor that shall contain the specific goals and objectives of the agency for the project area, programs, projects, and expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, projects, and expenditures will eliminate blight within the project area. Staff has prepared the Implementation Plan and Housing Implementation Plan for each of the Agency's five project areas. Staff recommends oDeninl! the DubHc hearinl! and continuinl! this item to the sDecial meetinl! of 12/13/94 immediately followinl! the City Council meetinl!. (Community Development Director) 8. AGENCY PUBLIC HEARING LEASE OF THE PROPERTY AT 753 BROADWAY TO BUDGET RENT A CAR AND FINDING, PURSUANT TO SECTION 33433 THAT TmS LEASE WILL ASSIST IN THE ELIMINATION OF BLIGHT AND THAT CONSIDERATION OFFERED IS NOT LESS THAN MARKET V ALUE-- The Agency acquired the property as part of the Auto Park project. Budget Rent A Car has approached the Agency with an offer to lease the property. Staff negotiated the terms of the proposed lease and believe the terms agreed upon constitute a market rate for the property. Staff recommends oDeninl! the DubHc hearinl! and continuinl! this item to the sDecial meetinl! of 12/13/94 immediately followinl!the City Council meetinl!. (Community Development Director) ORAL COMMUNICATIONS This is an opportunity for the general public to address the Redevelopment Agency on any subject matter within the Agency's jurisdiction that is not an item on this agenda. (State law, however, generally prohibits the Redevelopment Agency from taking action on any issues not included on the posted agenda.) If you wish to address the Council on such a subject, please complete the yellow "Request to Speak Under Oral Communications Form" available in the lobby and submit it to the Secretary to the Redevelopment Agency or City Clerk prior to the meeting. Those who wish to speak, please give your name and address for record purposes and follow up action. Your time is limited to three minutes per speaker. ACTION ITEMS The items listed in this section of the agenda are expected to elicit substantial discussions and deliberations by the Agency, staff, or members of the general public. The items will be considered individually by the Agency and staff recommendations may in certain cases be presented in the alternative. Those who wish to speak, please fill out a "Request to Speak" form available in the lobby and submit it to the Secretary to the Redevelopment Agency or the City Clerk prior to the meeting. Public comments are limited to five minutes. None Subntitted. Agenda -4- December 6, 1994 ITEMS PULLED FROM THE CONSENT CALENDAR This is the time the Redevelopment Agency will discuss items which have been removed from the Consent Calendar. Agenda items pulled at the request of the public will be considered prior to those pulled by Agency Members. Public comments are limited to five minutes per individual. OTHER BUSINESS 9. DIRECTOR'S/CITY MANAGER'S REPORTfS) 10. CHAIRMAN'S/MAYOR'S REPORTfS) 11. AGENCY/COUNCIL MEMBER COMMENTS ADJOURNMENT The meeting will adjourn to a Special Meeting of the Redevelopment Agency on December 13, 1994 at 6:00 p.m., immediately following the City Council meeting, in the City Council Chambers. ****** COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT The City of Chula Vista, in complying with the Americans With Disabilities Act (ADA), request individuals who require special accommodations to access, attend, and/or participate in a City meeting, activity, or service request such accommodation at least forty-eight hours in advance for meetings and five days for scheduled services and activities. Please contact the Secretary to the Redevelopment Agency for specific information at (619) 691-5047 or Telecommunications Devices for the Deaf (TDD) at (619) 585-5647. California Relay Service is also available for the hearing impaired. [C:\ WP51 \AGENCY\AGENDAS\12-06-94.AGDl MINUTES OF A SPECIAL JOINT MEETING OF THE REDEVELOPMENT AGENCY/ CITY COUNCIL OF THE CITY OF CHULA VISTA Tuesday, November 22, 1994 11:29 p.m. Council Chambers Public Services Building CALL TO ORDER 1. ROLL CALL: PRESENT: Agency/Council Members Horton, Moore, Rindone, and Mayor Nader ABSENT: Agency/Council Member Fox ALSO PRESENT: John D. Goss, Director/City Manager; Bruce M. Boogaard, Agency/City Attorney; and Vicki C. Soderquist, Deputy City Clerk 2. APPROVAL OF MINUTES: None submitted. BUSINESS 3. WRITTEN COMMUNICATIONS: None 4. ORDINANCE 2613 AMENDING THE CERTIFIED CHULA VISTA LOCAL COASTAL PROGRAM AND BAYFRONT SPECIFIC PLAN IN ACCORDANCE WITH AMENDMENT #12 RECLASSIFYING 31.63 ACRES OF THE "INLAND PARCEL", SUBAREA 4 FROM "INDUSTRIAL- GENERAL" TO A COMMERCIAL THOROUGHFARE LAND USE DISTRICT SUBJECT TO CENTRAL COMMERCIAL WITH PRECISE PLAN MODIFYING DISTRICT PURSUANT TO SECTIONS 19.36 AND 19.56 OF THE CHULA VISTA MUNICIPAL CODE (second readiJll! aDd adoDtion) - Staff recommends Council place the ordinance on secood reading and adoption. ORDINANCE 2613 PLACED ON SECOND READING AND ADOPTION BY AGENCY/COUNCIL MEMBER RINDONE, reading of the text was waived, passed and approved 4-0-1 with Fox absent. 5. ORDINANCE 2614 AMENDING THE ZONING MAP ESTABLISHED BY SECTION 19.18.010 OF THE CHULA VISTA MUNICIPAL CODE TO REZONE 31.63 ACRES LOCATED AT THE TERMINUS OF NORTH FIFTH A VENUE FROM I-L-P (LIMITED INDUSTRIAL-PRECISE PLAN) TO C-C-P (CENTRAL COMMERCIAL-PRECISE PLAN) (second readiDl! and adoDtion) - Staff recommends Council place the ordinance on second reading and adoption. ORDINANCE 2614 PLACED ON SECOND READING AND ADOPTION BY AGENCY/COUNCIL MEMBER RINDONE, reading of the text was waived, passed and approved 4-0-1 with Fox absent. Minutes November 22, 1994 Page 2 ORAL COMMUNICATIONS None OTHER BUSINESS 6. DIRECTOR'S/CITY MANAGER'S REPORTfS) - None 7. CHAIRMAN'S/MAYOR'S REPORTfS) - None 8. AGENCY/COUNCIL MEMBER COMMENTS - Nooe ADJOURNMENT ADJOURNMENT AT 11:34 p.m. to the Regular Redevelopment Agency Meeting on Tuesday, December 6, 1994 at 4:30 p.m., immediately following the City Council meeting, in the City Council Chambers. Respectfully submitted, BEVERLY A. AUTHELET, CMC, City Clerk by: ~~~~~ ~ Vicki C. Soderquist, Depul}'"_ it Clerk CITY COUNCIl/REDEVELOPMENT AGENCY AGENDA STATEMENT ITEM TITLE: SUBMITTED BY: REVIEWED BY: BACKGROUND: Item 4 Meeting Date 1 2/06/94 Agency Resolution /43S' Authorizing the Execution of an Amended and Restated Agreement for Cooperation between the City of Chula Vista, Chula Vista Redevelopment Agency and the Sweetwater Union High School District for the Southwest Redevelopment Project Area Council Resolution /1131AuthoriZing the Execution of an Amended and Restated Agreement for Cooperation between the City of Chula Vista, Chula Vista Redevelopment Agency and the Sweetwater Union High School District for the Southwest Redevelopment Project Area Community Development 'r\e:tor c".S . Executive Directo~ ~~' (4/5ths Vote: Yes No XI Pursuant to Health and Safety Code Section 33401, the City of Chula Vista and the Redevelopment Agency entered into an Agreement for Cooperation with the Sweetwater Union High School District ("District") in December of 1992. The purpose of the Agreement with the District was to eliminate the potential negative financial impact on the District as a result of the adoption and implementation of the Southwest Redevelopment Plan, by sharing a portion of the tax increment revenue generated from the project. The purpose of this item is to authorize the execution of an amended and restated agreement with the District in order to bring the agreement "up to date" with tax sharing agreements subsequently negotiated, and to facilitate more efficient disbursements to the District. For your information, provided with this report is a "clean" copy of the Amended Agreement (which has been reviewed and approved by the City Attorney) and a "red-lined" version which shows all of the changes from the prior agreement. RECOMMENDATION: Adopt the resolution which authorizes the execution of an Amended and Restated Agreement for Cooperation with the Sweetwater Union High School District. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The attached Amended Agreement eliminates the "Fund Control Account" and makes revisions to Sections 3.1 and 3.4 in order to accommodate and facilitate the timely and efficient disbursements of the allocated tax increment revenue from the Agency i/ - / Page 2, Item .., Meeting Date 12/06/94 to the District. These particular revisions were requested by the District. In addition to those minor revisions, there are more substantive changes which conform this Amended Agreement with the agreements subsequently negotiated and executed with the County of San Diego, County Office of Education, Southwestern Community College District, and the Chula Vista Elementary School District. Specifically, Section 2.2 has been added whereby all parties agree that the District "share" of the tax increment revenue is net of any related shift or deductions in the Agency's allocated revenue imposed by the State of California. Although the practice has been that the revenue "shared" is net of the State "takeaways", staff felt it important to specifically state as such in the Amended Agreement as has been included in subsequent agreements with the other taxing districts. Another significant change appears in Section 8 whereby the provisions of "AB 1290" (Health and Safety Code Section 33607.5) are specifically invoked for any new territory added to the project area. Most likely, the provisions of "AB 1290" would have applied anyway, but staff felt it important to clearly state that in the event of an amendment to the Redevelopment Plan, that the mandatory tax sharing percentage splits would apply to the additional territory. AB 1290 sought to, among many things, eliminate the need for adversarial negotiations between local governments and affected local taxing districts with respect to the division of tax increment revenue generated in redevelopment project areas. FISCAL IMPACT: The implementation of this Amended and Restated Agreement for Cooperation will not change the financial considerations from the previous agreement. As you may recall, the fiscal effect of the previously negotiated agreement is that the Southwest Project Area is to pay the District 7.18% (40% of their 17.95% "share") of the tax increment revenue received from the Southwest Project Area. c:\ wp51 \haynes\reports\su hsdagr. ra4 L(-d-- RESOLUTION RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED AGREEMENT FOR COOPERATION BETWEEN THE CITY OF CHULA VISTA, CHULA VISTA REDEVELOPMENT AGENCY AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE SOUTHWEST REDEVELOPMENT PROJECT AREA. THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby resolve as follows: WHEREAS, the Sweetwater Union High School District ("District") had advised the Agency of the potential financial impact resulting from the adoption and implementation of the Southwest Redevelopment Plan on the District; and, WHEREAS, Health and Safety Code Section 33401 authorizes the Agency to enter into agreements to pay any taxing agency with territory in a redevelopment project area, funding which in the Agency's determination are appropriate to alleviate any financial burden or detriment caused to the taxing agency by the redevelopment project; and, WHEREAS, the District and Agency entered into an Agreement for Cooperation ("Agreement"), effective as of December 15, 1992, through Agency Resolution 1293 to alleviate the financial burden which may be caused to the District because of redevelopment activities in the Southwest Redevelopment Project Area; and, WHEREAS, in accordance with Health and Safety Code Section 33401 the District and Agency entered into the Agreement in Cooperation to provide mutual aid and assistance in the redevelopment of the Southwest Redevelopment Project Area through the construction, operation, and maintenance of certain facilities and improvements of benefit to the City, Agency, and the District; and, WHEREAS, the District and Agency wish to execute an Amended and Restated Agreement for Cooperation in order to facilitate efficient disbursements from the Redevelopment Agency to the District, and to bring the Agreement into compliance with the provisions of Health and Safety Code Section 33607.5 ("AB 1290"). NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the City of Chula Vista does hereby authorize the execution of an Agreement for Cooperation between the City of Chula Vista, Chula Vista Redevelopment Agency and the Sweetwater Union High School District. Presented by: GL- c:~~ Approved as to form by: Chris Salomone, Executive Secretary and Community Development Director (---C' (~. ~ ~ .// ,.' L....---c....-t >.---..e LY,-.,,' (Bruce M. Boo~ard )\ ~ey Generat'Soonsel ',_ c c:\wp51 \haynes\document\suhsdagr .res 1-3 Clhl~ fa;jE- blank! c/--cf RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION OF AN AMENDED AND RESTATED AGREEMENT FOR COOPERATION BETWEEN THE CITY OF CHULA VISTA, CHULA VISTA REDEVELOPMENT AGENCY AND THE SWEETWATER UNION HIGH SCHOOL DISTRICT FOR THE SOUTHWEST REDEVELOPMENT PROJECT AREA. THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby resolve as follows: WHEREAS, the Sweetwater Union High School District ("District") had advised the City of the potential financial impact resulting from the adoption and implementation of the Southwest Redevelopment Plan on the District; and, WHEREAS, Health and Safety Code Section 33401 authorizes the City to enter into agreements to pay any taxing agency with territory in a redevelopment project area, funding which in the Agency's determination are appropriate to alleviate any financial burden or detriment caused to the taxing agency by the redevelopment project; and, WHEREAS, the District and City entered into an Agreement for Cooperation ("Agreement") effective as of December 15, 1992, through Council Resolution 16925 to alleviate the financial burden which may be caused to the District because of redevelopment activities in the Southwest Redevelopment Project Area; and, WHEREAS, in accordance with Health and Safety Code Section 33401 the District and City entered into the Agreement for Cooperation to provide mutual aid and assistance in the redevelopment of the Southwest Redevelopment Project Area through the construction, operation, and maintenance of certain facilities and improvements of benefit to the City, Agency, and the District; and, WHEREAS, the District and Council wish to execute an Amended and Restated Agreement for Cooperation in order to facilitate efficient disbursements from the City to the District, and to bring the Agreement into compliance with the provisions of Health and Safety Code Section 33607.5 ("AB 1290"). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby authorize the execution of an Agreement for Cooperation between the City of Chula Vista, Chula Vista Redevelopment Agency and the Sweetwater Union High School District. Presented by: Approved as to form by: ~.S~/ (...---.::::.--; ;-~ . ._..C----.-Z'~77 ~~~~;a~-- UC~~ (-) Chris Salomone Community Development Director c:\wp51 \haynes\document\suhsdag2.res 4-5 . , fJI'u~ fCUjE; Clank! If -fp ~~ SOUTHWEST REDEVELOPMENT PROJECT AREA AGREEMENT FOR COOPERATION BETWEEN THE SWEETWATER UNION HIGH SCHOOL DISTRICT, THE CITY OF CHULA VISTA, AND THE CHULA VISTA REDEVELOPMENT AGENCY THIS AGREEMENT is entered into ~efI the _ day of~, 1992, by and between the CHULA VISTA REDEVELOPMENT AGENCY ("Agency"), the CITY OF CHULA VISTA ("City") and the SWEETWATER UNION HIGH SCHOOL DISTRICT ("District"). BfClIA.!.,S, A. The City Council of the City of Chula Vista has conducted the necessary proceedings and held a public hearing to adopt an ordinance approving a Redevelopment Plan for the Southwest Redevelopment Project Area. B. The City Council and Agency considered whether or not the Southwest Redevelopment Project Area is a blighted area within the meaning of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.) because of the existence of properties which are stagnant, improperly utilized, and unproductive because of defective or inadequate street layout, faulty lot layout in relation to size, shape, accessibility, or usefulness, because of the existence of inadequate public improvements which cannot be remedied by private or governmental action without redevelopment, and for other reasons. C. Commission approval. The Project Area Committee for the Project Area and the Planning reviewed the proposed Redevelopment Plan and recommended its D. The District is a taxing agency which may be affected by the adoption of the Redevelopment Plan and the allocation of tax increment revenues to the Agency pursuant to Health and Safety Code Section 33670(b). E. Health and Safety Code Section 33401 authorizes the Agency to enter into agreements to pay to any taxing agency with territory located within the Southwest Redevelopment Project Area, other than the City, any amounts of money Page 1 A:\HA YNES#3\SUHSD.RED November 18, 1994 4--7 which in the Agency's determination are appropriate to alleviate any financial burden or detriment caused to the taxing agency by the Project. F. The District has advised the Agency of the potential financial impact resulting from the adoption and implementation of the Southwest Redevelopment Plan on the District. G. The parties hereby find that the Agency's implementation of the Redevelopment Plan will result in an increased need for certain District services in and around the Project and that the Plan for the Project Area may thereby cause a financial burden on and detriment to the District. H. The District and Agency wish to enter into an agreement to alleviate the financial burden which may be caused to the District because of redevelopment activities in the Southwest Redevelopment Project Area. I. In accordance with Health and Safety Code Section 33401 the District and Agency further wish to enter into a cooperative agreement, to provide mutual aid and assistance in the redevelopment of the Southwest Redevelopment Project Area through the construction, operation, and maintenance of certain facilities and improvements of benefit to the City, the Agency, and the District. J. District and Agency recognize the need to provide adequate public school facilities to serve the project and thereby assist in eliminating blighting conditions. The parties have determined that such facilities are of primary benefit to the Project or the immediate neighborhood in which the Project is located and that redevelopment financing is the only means of financing all or a portion of the rehabilitation, construction, and reconstruction of such public school facilities in conjunction with other available District financing. AGB,E,EM,ENI NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants set forth herein, the parties agree as follows: Page 2 A:\HA YNES#3\SUHSO.REO November 18, 1994 if -? 1. Definitions. The words and terms in this Agreement shall have the following meanings: 1.1 "Agency" shall mean the Redevelopment Agency of the City of Chula Vista. 1.2 "Bonds" shall mean any bond, note, interim certificate, debenture or other obligation issued by the Agency. 1.3 "City" shall mean the City of Chula Vista, a municipal corporation. 1.4 "District" shall mean the Sweetwater Union High School District, a public agency. 1.5 "Fiscal Year" shall mean the period from July 1 to and including the following June 30. 1.6 "Funs Control A€jreeR'lent" Ghall mean a three l3arty agreement to ee ne€jotiates eet......een the l3artieG hereto anEl a third party eGere\'<' \/',ho '.viII receive reR'littanceG froR'l the Agene'l' l3ursuant to the I3re\fiGienG of thiG AgreeR'lent ans diGburGe theR'l at the sireetien and inGtrLJetiCin of the DiGtriet fer the UGeG herein Gpeeifies. In thiG regars, the l3artieG hereto a€jree te meet ans eenfer fer the l3urpose of Gelectin€j a third party eGere...... holder and fer I3re\fising ',witten inGtrLJetien te said thirs l3arty conGiGtent with the I3reviGienG of this A€jreeR'lent. 1.7 "Fund Centrel Account" Ghall R'lean the account estaeliGAesey the tAirsl3arty eGcro....... Aelser under the pre\fisiens ef the Funs Centrel .'\€jreement fer tAe J:]urpescs of reeeiving romittaAees fram the t.g0fley pursuant to the pravisiol1s of thic Agreement ans sisbursin€j theR'l at the direetien and instructien ef the DiGtrict for the LJGeG herein Gl3eeified. 1.4 "Indebtedness" shall mean any principal and interest on loans, monies advanced to, or other indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the implementation of the Redevelopment Plan. 1.~ "Ordinance" shall mean Ordinance 2420 of the City adopting the Redevelopment Plan. 1.~ "Project" shall mean the Southwest Redevelopment Plan and Project Area. Page 3 A:\HA YNES#3\SUHSD.RED November 18, 1994 tf-1 1.~ "Project Area" shall mean the Southwest Redevelopment Project Area as identified in Exhibit A, attached hereto and incorporated herein by reference. 1.~ "Redevelopment Activities" shall mean those redevelopment activities set forth in the Redevelopment Plan, pursuant to Section 33678 of the Health and Safety Code. 1.+3B "Redevelopment Plan" or "Plan" shall mean the Plan prepared by the Agency and adopted by the City Council for the Southwest Redevelopment Project Area pursuant to the Ordinance, as required by law. 1.+4 "Redevelopment Projects" shall mean those projects identified in the Redevelopment Plan. 1.~ "Base Tax Revenue" means that portion of the property tax revenue that is levied upon taxable property in the Project Area by or for the benefit of any lawful taxing agency which is allocated to and paid the respective taxing agencies as taxes by or for the taxing agencies under the authority of Health and Safety Code Section 33670(9 ~). 1 .~ "District Share of Base Tax Revenue" means that portion of the Base Tax Revenue which is allocated to and paid to the District. The District's Share of Base Tax Revenue is currently estimated to be 17.95% for this Project Area. 1.~ "Tax Increment Revenue" means that portion of the property tax revenue that is levied upon taxable property in the Project Area by or for the benefit of any lawful taxing agency which is allocated to and paid into a special fund of the Agency under the authority of Health and Safety Code Section 33670(b). net of any County-imposed property tax administration charges. By its terms, and as a matter of clarification, Tax Increment Revenue excludes that portion of the taxes in excess of the amount identified in subdivision (a) of Health and Safety Code Section 33670 which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness which is allocated to and paid into the fund the respective taxing agency under the authority of subsection (e) of Health and Safety Code Section 33670 ("Bonded Indebtedness Revenue"). H'~ 1.......,.,... "Bonded Indebtedness Revenue" shall mean that portion of the taxes in excess of the amount identified in subdivision (a) of Health and Safety Code Section 33670 which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness which is allocated to Page 4 A:\HA YNES#3\SUHSD.RED November 18, 1994 1- /0 and paid into the fund the respective taxing agency under the authority of subsection (e) of Health and Safety Code Section 33670. 1.~ "District's Bonded Indebtedness Revenue" shall mean that portion of Bonded Indebtedness Revenue which is allocated to and paid into the fund of the District under the authority of subsection (e) of Health and Safety Code Section 33670. 1.~ "District Contribution to Tax Increment" means that portion of the Tax Increment Revenue which, in the absence of the establishment of the Project Area and the Redevelopment Plan, would have been allocated to and paid to the District. District Contribution to Tax Increment is the same proportion of the Tax Increment Revenues as the District's Share of Base Tax Revenues is of the Base Tax Revenues, currently estimated to be 17.95%. 1.~ The "SUHSD Fund" shall mean the Sweetwater Union High School District Trust Fund. 2. Allocation of Tax Revenues. 2.1 To the extent that the District's Contribution to Tax Increment Revenues are received by the Agency, and in the manner required by this Agreement, the Agency shall allocate District's Contribution to Tax Increment Revenues each year as follows: A. 60% to the Agency and 40% to the SUHSD Fund. The Agency shall meet any obligation under Section 33334.2 ("20% affordable housing set aside") out of Agency's 60% share. District's Bonded Indebtedness Revenues are to be separately distributed by the County, and are not considered, by the definitions herein provided, as part of the District's Contribution to Tax Increment Revenues. Page 5 A:\HA YNES#3\SUHSD.RED November 18, 1994 If -1/ 2.~ Attached as Exhibit B is an example, for illustrative purposes only, of a typical calculation relating to the allocation of District's Contribution to Tax Increment Revenues pursuant to this Agreement. 3.G Manaaement and Operation of the SUHSD Fund. 3.1 Agency to Hold Funds. 3.2 Deposits. Monies required by this agreement to be paid into the SUHSD Fund will be deposited by the Agency within 30 days after receipt by the Agency of the District Contribution to Tax Increment revenues from the County. 3.3 Interest. These monies will earn interest from the date of deposit into the SUHSD Fund at the same rate as City and Agency pooled funds. Interest so earned on monies deposited in the SUHSD Fund shall be allocated into the SUHSD Fund on a monthly basis. The District's funds shall be invested in the same manner as the City's or Agency's funds. The District shall accept all investment risk accepted by the City and the Agency as to the SUHSD funds. In so far as the SUHSD Fund shares in the same earnings ratio, the SUHSD Fund shall share in the same loss ratio, if it occurs. The District shall hold the City and the Agency harmless of any treasury risk. 3.4 Remittance to Fune! Centrel !'.ooount ... The Agency shall remit funds held on deposit in the SUHSD Fund, iiiW..r..#'~ and all interest earned and allocated thereon, ~ to the Fund Control A008l:JAt liW'ffN~ ' '" ~seA'li annually in DeeeA'llaer ane! June of eaoh year ~ .' 2.6 Mana!jeA'lent. After release Ia". the Agenoy, the A'lenies Elel3Elsitee in the Fund Centrel J'.eoount shalllae A'lanaged and odA'linisteree by the Distriot os trustee fer the e)(elusi...e laenefit of the A!jeney ane Projeot Area, aeeerein!j te the rules for use ef tAe funes herein establisheEl. Page 6 A:\HA YNES#3\SUHSD.RED November 18, 1994 tf- /)- 3.4 Use of Funds. Monies deposited in the ~ Fund Control Account shall be used by the District to finance the following redevelopment projects for the benefit of the Agency and the Project Area including, but not limited to, the following purposes: (i) Rehabilitation, construction and/or reconstructions of: a. Permanent or temporary classrooms; b. Gyms, athletic or recreational facilities, and pools; c. Library, auditorium and school site administration facilities; d. District administrative office, maintenance and warehousing facilities; e. On-site and off-site public improvements such as, but not limited to, sidewalks, crosswalks, lights, curbs, gutters, and streets; f. Landscaping, irrigation and lighting; and g. Other ancillary facilities and equipment appurtenant to a school or District facility to make such facilities operable. (ii) Acquisition of property for public school facilities, District administrative and other support services. (iiil Design, planning, administrative and engineering costs for the acquisition, rehabilitation, construction or reconstruction cost of the specifically designed project. 3.7. Cost af FunEl ContralAeeount Distriet shall pay all fees and costs associateEl with tho ostaslishffient and administration of the Fund Contra I Account. Page 7 A:\HA YNES#3\SUHSD.RED November 18. 1994 1- (3 oliii 3.~ Accounting. The Agency will provide the District with semi-annual reports disclosing the amount allocated to the SUHSD Fund, the interest earned to date and the amount remitted to the Fund Control Account. In providing this financial information, the City may use currently generated reports submitted in January and July each year to the District with a letter indicating the deposit of funds in the Fund Control Account. 3.~ Hold Harmless. The District shall indemnify, defend and hold the City and the Agency harmless from any liability, adverse judgment, costs including attorney's fees and court costs, claims or other losses incurred or suffered by the City or the Agency as a result of entering into agreement, or creating the SUHSD Fund, or the Fund Control Account, or for receiving deposits, investing funds, or permitting withdrawals therefrom. 4. Aaencv Obliaations Constitute Indebtedness. The District and Agency agree that the Agency's obligations hereunder to make payments constitute an indebtedness of the Agency within the meaning of Health and Safety Code Section 33675. 5. Tax Revenue Pavment Not Affected bv Aaencv Indebtedness. The allocation and payment of all tax revenues pursuant to this agreement shall be allocated and paid notwithstanding any Agency bond resolution or indenture providing for the issuance of tax allocation bonds, or other forms of indebtedness hereinafter incurred by Agency under the Health and Safety Code including revenues to be distributed to other affected taxing entities to alleviate any financial burden or detriment caused by the Project, except as may thereafter be mutually agreed upon. 6. District Administrative Offices. The District, Agency and City agree to meet at a mutually agreeable time to discuss the potential relocation of the District Administrative Offices and to determine if placement of the District Offices within the Project Area creates sufficient economic benefits as to warrant additional Agency or City financial assistance in such a relocation effort. Page 8 A:\HA YNES#3\SUHSD.RED November 18, 1994 i-Ill 7. Chanoes in Fundino. In the event of a revenue loss to the District or Agency greater than that contemplated in this agreement due to a change of state laws regarding the distribution of property tax revenues to redevelopment agencies, District and Agency agree to meet and confer for the purpose of negotiating an amendment to this agreement to prevent or limit such loss to the District or Agency to the extent same can be accomplished without material financial burden to the other party. 8. Aareement Applies to Amendments to the Redevelopment Plan. The terms af this Agreement shall a(3J3ly te any subsequent amendment ta the ReaevelaJ3ment Plan that 'Naula e)(p<Jnd any oOAti€luaus ar Aeneentiguous mea, add additisAal area to the Prajeet Area, or inorease the Eleet limit of the Plan. ~ % 9. Findinos by the City Council of the City. The parties agree the City Council for the City has found and determined, in connection with the construction of any building facility, structure or other improvement, provided for in this Agreement, as follows: a. The improvements for which funds are used or allocated are of benefit to the Southwest Redevelopment Project Area. b. No other reasonable means of financing any of the improvements are available to the District, City, or Agency. 10. District. ADency. and City Cooperation in Proiect Area Development. Page 9 A:\HA YNES#3\SUHSD.RED November 18. 1994 4 /' -I) 10. h It is the intent and desire of the District, Agency, and City to expedite and facilitate redevelopment consistent with the goals and objectives of the Redevelopment Plan. 10.2 In general, District, Agency, and City agree to assist one another in the implementation of the Redevelopment Plan in accordance with applicable state and federal laws. The District, Agency, and City shall supply to one another such information and reports as from time to time either may reasonably require in order to undertake their respective obligation. 11. Conditions Precedent. The following events are conditions precedent to any duties or obligations to be performed herein by any party to this Agreement: 11.1. Any duty imposed on the Agency by this Agreement is based upon the existence of Tax Revenues sufficient to allow Agency to perform as required herein. No representations or assurances are made by the Agency as to when, if ever, sufficient tax revenues will be available for these purposes. ~ 11.2. No lawsuit is filed, within the time allowed by statute, challenging the Redevelopment Plan, its adoption, or the environmental review of the Project Area. In the event a lawsuit is filed challenging the Project Area or the environmental review of the Project, there is a successful defense of the challenge, and all periods of appeal or right to re/hearing or right to reconsideration have expired. 12. Condition Subseauent. As a condition subsequent to the parties' obligations herein, if any action is taken pursuant to California law which results in terminating the Project, the parties shall have no further duties or obligation hereunder. 13. Financial Burden Alleviated. District agrees this Agreement alleviates any financial burden or detriment which may be caused to the District due to redevelopment activities in the Project Area. 14. Leaal Challenae. The District, Agency, and City agree that in the event litigation is initiated by someone not a party to this Agreement attacking the validity of all or any portion of this Agreement, all parties shall support and seek to uphold this Agreement. This Page 10 A:\HA YNES#3\SUHSD.RED November 18. 1994 tf- /~ provision shall not modify the indemnity obligations of the parties created by this agreement. 15. Litiaation Between Parties. If either party commences litigation against the other for the purpose of determining or enforcing its right hereunder or for money damages for a breach hereof or for other equitable relief related hereto, the prevailing party shall be entitled to receive from the losing party, attorneys' fees in an amount determined by the courts, together with costs reasonably incurred in prosecuting or defending 16. General Provisions. 16.17 Settlement. By this Agreement, the parties intend to resolve any differences with respect to the Redevelopment Plan, and District agrees to forebear suit challenging the validity of the Redevelopment Plan, the Project Area, the Environmental Impact Report in relation to this Project, or any related matters. 16.27 Effective Date and Term. This Agreement shall become effective upon the date specified above upon which date the Agreement was entered. 16.4,. Severability. Each paragraph and provision of this Agreement is severable from each other provision, and if any provision or part hereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect. 16.57 Entire Agreement. This Agreement constitutes the entire, complete, and final expression of the Agreement of the parties. 16.67 Construction. This agreement was jointly prepared by the two parties hereto, each of whom had the right to review same by counsel of their choice. No rule of construction shall be implied against the party actually drafting same. Page 11 A:\HA YNES#3\SUHSD.RED November 18. 1994 4--/7 Signature Page to ~~ SOUTHWEST REDEVELOPMENT PROJECT AREA AGREEMENT FOR COOPERATION BETWEEN THE SWEETWATER UNION HIGH SCHOOL DISTRICT, THE CITY OF CHULA VISTA, AND THE CHULA VISTA REDEVELOPMENT AGENCY Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: May 6, 1992 City of Chula Vista by: ~iFR Nader, its Mayor .^. tt8St: Beverly Authelet City Clerk Chula Vista Redevelopment Agency by: ~~~~~ahn Gass, E)(0G/utive Direetor Approved as to Form: Bruce M. Boogaard ~~ afffi.-Agency General Counsel Sweetwater Union High School District By: John L. Rindone Superintendent /\pproved as to FarFR District Counsel Page 1 2 A:\HA YNES#3\SUHSD.RED November 18, 1994 4-(7 AMENDED AND RESTATED SOUTHWEST REDEVEI..,OPMENT PROJECT AREA AGREEMENT FOR COOPERATION BETWEEN THE SWEETWATER UNION HIGH SCHOOL DISTRICT, THE CITY OF CHULA VISTA, AND THE CHULA VISTA REDEVELOPMENT AGENCY THIS AGREEMENT is entered into effective as of the 15th day of December, 1992, by and between the CHULA VISTA REDEVELOPMENT AGENCY (" Agency"), the CITY OF CHULA VISTA ("City") and the SWEETWATER UNION HIGH SCHOOL DISTRICT ("District"). B'!';'ClIA.b~ A. The City Council of the City of Chula Vista has conducted the necessary proceedings and held a public hearing to adopt an ordinance approving a Redevelopment Plan for the Southwest Redevelopment Project Area. B. The City Council and Agency considered whether or not the Southwest Redevelopment Project Area is a blighted area within the meaning of the California Community Redevelopment Law (Health and Safety Code Section 33000, et seq.l because of the existence of properties which are stagnant, improperly utilized, and unproductive because of defective or inadequate street layout, faulty lot layout in relation to size, shape, accessibility, or usefulness, because of the existence of inadequate public improvements which cannot be remedied by private or governmental action without redevelopment, and for other reasons, C. The Project Area Committee for the Project Area and the Planning Commission reviewed the proposed Redevelopment Plan and recommended its approval. D. The District is a taxing agency which may be affected by the adoption of the Redevelopment Plan and the allocation of tax increment revenues to the Agency pursuant to Health and Safety Code Section 33670(bl. E. Health and Safety Code Section 33401 authorizes the Agency to enter into agreements to pay to any taxing agency with territory located within the Southwest Redevelopment Project Area, other than the City, any amounts of money which in the Agency's determination are appropriate to alleviate any financial burden or detriment caused to the taxing agency by the Project. Page 1 A:\HAYNES#3\SUHSD.FIN November 18, 1994 4-/7 F. The District has advised the Agency of the potential financial impact resulting from the adoption and implementation of the Southwest Redevelopment Plan on the District. G, The parties hereby find that the Agency's implementation of the Redevelopment Plan will result in an increased need for certain District services in and around the Project and that the Plan for the Project Area may thereby cause a financial burden on and detriment to the District. H. The District and Agency wish to enter into an agreement to alleviate the financial burden which may be caused to the District because of redevelopment activities in the Southwest Redevelopment Project Area. I. In accordance with Health and Safety Code Section 33401 the District and Agency further wish to enter into a cooperative agreement, to provide mutual aid and assistance in the redevelopment of the Southwest Redevelopment Project Area through the construction, operation, and maintenance of certain facilities and improvements of benefit to the City, the Agency, and the District. J. District and Agency recognize the need to provide adequate public school facilities to serve the project and thereby assist in eliminating blighting conditions. The parties have determined that such facilities are of primary benefit to the Project or the immediate neighborhood in which the Project is located and that redevelopment financing is the only means of financing all or a portion of the rehabilitation, construction, and reconstruction of such public school facilities in conjunction with other available District financing. K. The original version of this Agreement was entered into effective as of December 3, 1992, as approved by City resolution number 16925 and Agency resolution number 1293. The parties desire to amend and restate the original Agreement with this Restated Agreement in order to: (1) eliminate the third party fund control account payment mechanism which the parties have found to be administratively burdensome, and (2) to make other technical corrections and clarifications as more specifically set forth herein. AGBJ;,J;,MJ;,NI NOW, THEREFORE, in consideration of the foregoing and the mutual promises and covenants set forth herein, the parties agree as follows: 1. Definitions. The words and terms in this Agreement shall have the following meanings: 1.1 Chula Vista. "Agency" shall mean the Redevelopment Agency of the City of Page 2 A:\HA YNES#3\SUHSD.FIN November 18, 1994 L/ -~ d 1.2 "Bonds" shall mean any bond, note, interim certificate, debenture or other obligation issued by the Agency. 1.3 "City" shall mean the City of Chula Vista, a municipal corporation. 1.4 "District" shall mean the Sweetwater Union High School District, a public agency. 1.5 "Fiscal Year" shall mean the period from July 1 to and including the following June 30. 1.6 "Indebtedness" shall mean any principal and interest on loans, monies advanced to, or other indebtedness (whether funded, refunded, assumed or otherwise) incurred by the Agency to finance or refinance, in whole or in part, the implementation of the Redevelopment Plan. 1.7 "Ordinance" shall mean Ordinance 2420 of the City adopting the Redevelopment Plan. 1.8 "Project" shall mean the Southwest Redevelopment Plan and Project Area. 1.9 "Project Area" shall mean the Southwest Redevelopment Project Area as identified in Exhibit A, attached hereto and incorporated herein by reference. 1.10 "Redevelopment Activities" shall mean those redevelopment activities set forth in the Redevelopment Plan, pursuant to Section 33678 of the Health and Safety Code. 1.11 "Redevelopment Plan" or "Plan" shall mean the Plan prepared by the Agency and adopted by the City Council for the Southwest Redevelopment Project Area pursuant to the Ordinance, as required by law. 1.12 "Redevelopment Projects" shall mean those projects'identified in the Redevelopment Plan. 1.13 "Base Tax Revenue" means that portion of the property tax revenue that is levied upon taxable property in the Project Area by or for the benefit of any lawful taxing agency which is allocated to and paid the respective taxing agencies as taxes by or for the taxing agencies under the authority of Health and Safety Code Section 33670(a). 1.14 "District Share of Base Tax Revenue" means that portion of the Base Tax Revenue which is allocated to and paid to the District. The District's Share of Base Tax Revenue is currently estimated to be 17.95% for this Project Area. Page 3 A:\HA YNES#3\SUHSD.FIN November 18. 1994 cf-// 1.15 "Tax Increment Revenue" means that portion of the property tax revenue that is levied upon taxable property in the Project Area by or for the benefit of any lawful taxing agency which is allocated to and paid into a special fund of the Agency under the authority of Health and Safety Code Section 33670(b), net of any County-imposed property tax administration charges, By its terms, and as a matter of clarification, Tax Increment Revenue excludes that portion of the taxes in excess of the amount identified in subdivision (a) of Health and Safety Code Section 33670 which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness which is allocated to and paid into the fund the respective taxing agency under the authority of subsection (e) df Health and Safety Code Section 33670 ("Bonded Indebtedness Revenue"). 1.16 "Bonded Indebtedness Revenue" shall mean that portion of the taxes in excess of the amount identified in subdivision (a) of Health and Safety Code Section 33670 which are attributable to a tax rate levied by a taxing agency for the purpose of producing revenues in an amount sufficient to make annual repayments of the principal of, and the interest on, any bonded indebtedness which is allocated to and paid into the fund the respective taxing agency under the authority of subsection (e) of Health and Safety Code Section 33670. 1.17 "District's Bonded Indebtedness Revenue" shall mean that portion of Bonded Indebtedness Revenue which is allocated to and paid into the fund of the District under the authority of subsection (el of Health and Safety Code Section 33670. 1.18 "District Contribution to Tax Increment" means that portion of the Tax Increment Revenue which, in the absence of the establishment of the Project Area and the Redevelopment Plan, would have been allocated to and paid to the District. District Contribution to Tax Increment is the same proportion of the Tax Increment Revenues as the District's Share of Base Tax Revenues is of the Base Tax Revenues, currently estimated to be 17.95%. 1.19 The "SUHSD Fund" shall mean the Sweetwater Union High School District Trust Fund. 2. Allocation of Tax Revenues. 2.1 To the extent that the District's Contribution to Tax Increment Revenues are received by the Agency, and in the manner required by this Agreement, the Agency shall allocate District's Contribution to Tax Increment Revenues each year as follows: Page 4 A:\HAYNES#3\SUHSD.FIN November 1 e, 1994 C; - J-- d- A. 60% to the Agency and 40% to the SUHSD Fund. The Agency shall meet any obligation under Section 33334.2 ("20% affordable housing set aside") out of Agency's 60% share. District's Bonded Indebtedness Revenues are to be separately distributed by the County, and are not considered, by the definitions herein provided, as part of the District's Contribution to Tax Increment Revenues. 2.2 The District, Agency and City agree that any mandated shift of funds or reduction in property tax revenues that impact the Southwest Project Area will also proportionately impact the District share of property taxes described in Section 2.1 above. The District contribution to tax increment revenues allocated pursuant to Section 2.1 will be net of any related shift or reductions imposed by the State and impacting the Project. 2.3 Attached as Exhibit B is an example, for illustrative purposes only, of a typical calculation relating to the allocation of District's Contribution to Tax Increment Revenues pursuant to this Agreement. 3. Manaaement and Ooeration of the SUHSD Fund. 3.1 Agency to Hold Funds. The Agency shall hold and invest the monies on deposit in the SUHSD Fund on behalf of the District. Therefore, the District shall concur with the investment of the funds. 3.2 Deposits. Monies required by this agreement to be paid into the SUHSD Fund will be deposited by the Agency within 30 days after receipt by the Agency of the District Contribution to Tax Increment revenues from the County. 3.3 Interest. These monies will earn interest from the date of deposit into the SUHSD Fund at the same rate as City and Agency pooled funds. Interest so earned on monies deposited in the SUHSD Fund shall be allocated into the SUHSD Fund on a monthly basis. The District's funds shall be invested in the same manner as the City's or Agency's funds. The District shall accept all investment risk accepted by the City and the Agency as to the SUHSD funds. In so far as the SUHSD Fund shares in the same earnings ratio, the SUHSD Fund shall share in the same loss ratio, if it occurs. The District shall hold the City and the Agency harmless of any treasury risk. Page 5 A:\HA YNES#3\SUHSD.FIN November 18, 1994 c! ~ '\ ~ I --.., c:r- .---, 3.4 Remittance to District. The Agency shall deposit in the SUHSD Fund, and all interest earned and allocated thereon, directly to the District upon request by the District. 3.5 Use of Funds. Monies deposited in the SUHSD Fund shall be used by the District to finance the following redevelopment projects for the benefit of the Agency and the Project Area including, but not limited to, the following purposes: (i) Rehabilitation, construction and/or reconstructions of: a. Permanent or temporary classrooms; b. Gyms, athletic or recreational facilities, and pools; c. Library, auditorium and school site administration facilities; d. District administrative office, maintenance and warehousing facilities; e. On-site and off-site public improvements such as, but not limited to, sidewalks, crosswalks, lights, curbs, gutters, and streets; f. Landscaping, irrigation and lighting; and g. Other ancillary facilities and equipment appurtenant to a school or District facility to make such facilities operable. (ii) Acquisition of property for public school facilities, District administrative and other support services. (iii) Design, planning, administrative and engineering costs for the acquisition, rehabilitation, construction or reconstruction cost of the specifically designed project. 3.6 Accounting. The Agency will provide the District with semi-annual reports disclosing the amount allocated to the SUHSD Fund, the interest earned to date and the amount remitted to the SUHSD Fund. In providing this financial information, the City may use currently generated reports submitted in January and July each year to the District. Page 6 A:\HAYNES#3\SUHSD.FIN November 18, 1994 i -cl-Lj 3.7 Hold Harmless. The District shall indemnify, defend and hold the City and the Agency harmless from any liability, adverse judgment, costs including attorney's fees and court costs, claims or other losses incurred or suffered by the City or the Agency as a result of entering into agreement, or creating the SUHSD Fund, or the Fund Control Account, or for receiving deposits, investing funds, or permitting withdrawals therefrom. 4. Aaency Obliaations Constitute Indebtedness. The District and Agency agree that the Agency's obligations hereunder to make payments constitute an indebtedness of the Agency within the meaning of Health and Safety Code Section 33675. 5. Tax Revenue Payment Not Affected by Aaency Indebtedness. The allocation and payment of all tax revenues pursuant to this agreement shall be allocated and paid notwithstanding any Agency bond resolution or indenture providing for the issuance of tax allocation bonds, or other forms of indebtedness hereinafter incurred by Agency under the Health and Safety Code including revenues to be distributed to other affected taxing entities to alleviate any financial burden or detriment caused by the Project, except as may thereafter be mutually agreed upon. 6. District Administrative Offices. The District, Agency and City agree to meet at a mutually agreeable time to discuss the potential relocation of the District Administrative Offices and to determine if placement of the District Offices within the Project Area creates sufficient economic benefits as to warrant additional Agency or City financial assistance in such a relocation effort. 7. Chanaes in Fundina. In the event of a revenue loss to the District or Agency greater than that contemplated in this agreement due to a change of state laws regarding the distribution of property tax revenues to redevelopment agencies, District and Agency agree to meet and confer for the purpose of negotiating an amendment to this agreement to prevent or limit such loss to the District or Agency to the extent same can be accomplished without material financial burden to the other party. 8. Amendments to the Redevelooment Plan. In the event of any amendment to the Redevelopment Plan which would add territory to the Project Area after January 1, 1994 then the provisions of Health and Safety Code Section 33607.5 shall apply to determine the District's and the Agency's Page 7 A:\HAYNES#3\SUHSD.FIN November 18, 1994 4 - :2 S- respective shares of the District's contribution to Tax Increment Revenue hereunder but only with respect to the territory added by such amendment. Notwithstanding any such amendment, the District' contribution to Tax Increment Revenue generated by the Project Area as it exists prior to January 1, 1994 (without the additional territory added by the amendment) shall continue to be allocated in accordance with the distribution provisions set forth in Section 2 hereof. In the event of any amendment to the Redevelopment Plan provided for in Health and Safety Code Section 33607.7, then, except as provided above with respect to amendments which would add territory, the District's Contribution to Tax Increment Revenue shall be allocated in accordance with the provision of Section 2 hereof. 9. Findinas bv the Citv Council of the Citv. The parties agree the City Council for the City has found and determined, in connection with the construction of any building facility, structure or other improvement, provided for in this Agreement, as follows: a. The improvements for which funds are used or allocated are of benefit to the Southwest Redevelopment Project Area. b. No other reasonable means of financing any of the improvements are available to the District, City, or Agency. 10. District. Aaencv. and Citv Coooeration in Proiect Area Develooment. 10.1 It is the intent and desire of the District, Agency, and City to expedite and facilitate redevelopment consistent with the goals and objectives of the Redevelopment Plan. 10,2 In general, District, Agency, and City agree to assist one another . in the implementation of the Redevelopment Plan in accordance with applicable state and federal laws. The District, Agency, and City shall supply to one another such information and reports as from time to time either may reasonably require in order to undertake their respective obligation. 11. Conditions Precedent. The following events are conditions precedent to any duties or obligations to be performed herein by any party to this Agreement: 11.1 Any duty imposed on the Agency by this Agreement is based upon the existence of Tax Revenues sufficient to allow Agency to perform as required herein. No representations or assurances are made by the Agency as to when, if ever, sufficient tax revenues will be available for these purposes. Page 8 A:\HA YNES#3\SUHSD.FIN November 18, 1994 Lj--2!P 11.2 No lawsuit is filed, within the time allowed by statute, challenging the Redevelopment Plan, its adoption, or the environmental review of the Project Area. In the event a lawsuit is filed challenging the Project Area or the environmental review of the Project, there is a successful defense of the challenge, and all periods of appeal or right to re/hearing or right to reconsideration have expired. 12. Condition Subseauent. As a condition subsequent to the parties' obligations herein, if any action is taken pursuant to California law which results in terminating the Project, the parties shall have no further duties or obligation hereunder. 13. Financial Burden Alleviated. District agrees this Agreement alleviates any financial burden or detriment which may be caused to the District due to redevelopment activities in the Project Area. 14. Leaal Challenae. The District, Agency, and City agree that in the event litigation is initiated by someone not a party to this Agreement attacking the validity of all or any portion of this Agreement, all parties shall support and seek to uphold this Agreement. This provision shall not modify the indemnity obligations of the parties created by this agreement. 15. Litiaation Between Parties. If either party commences litigation against the other for the purpose of determining or enforcing its right hereunder or for money damages for a breach hereof or for other equitable relief related hereto, the prevailing party shall be entitled to receive from the losing party, attorneys' fees in an amount determined by the courts, together with costs reasonably incurred in prosecuting or defending 16. General Provisions. 16.1 Settlement. By this Agreement, the parties intend to resolve any differences with respect to the Redevelopment Plan, and District agrees to forebear suit challenging the validity of the Redevelopment Plan, the Project Area, the Environmental Impact Report in relation to this Project, or any related matters. 16.2 Effective Date. This Agreement shall become effective upon the date specified above upon which date the Agreement was entered. 16,3 Term of Agreement. This Agreement shall remain in effect until the Redevelopment Plan expires, or is earlier terminated by law or in accordance with its terms. Page 9 A:\HA YNES#3\SUHSD.FIN November 18, 1994 cf-;,l7 16,4 Severability. Each paragraph and provision of this Agreement is severable from each other provision, and if any provision or part hereof is declared invalid, the remaining provisions shall nevertheless remain in full force and effect. 16.5 Entire Agreement. This Agreement constitutes the entire, complete, and final expression of the Agreement of the parties. 16.6 Construction. This agreement was jointly prepared by the two parties hereto, each of whom had the right to review same by counsel of their choice. No rule of construction shall be implied against the party actually drafting same. Page 10 A:\HA YNES#3\SUHSD.FIN November 18. 1994 L/ -~f Signature Page to AMENDED AND RESTATED SOUTHWEST REDEVELOPMENT PROJECT AREA AGREEMENT FOR COOPERATION BETWEEN THE SWEETWATER UNION HIGH SCHOOL DISTRICT, THE CITY OF CHULA VISTA, AND THE CHULA VISTA REDEVELOPMENT AGENCY Now therefore, the parties hereto, having read and understood the terms and conditions of this agreement, do hereby express their consent to the terms hereof by setting their hand hereto on the date set forth adjacent thereto. Dated: ,1994 City of Chula Vista by: Shirley Horton, its Mayor Chula Vista Redevelopment Agency by: Shirley Horton, its Chairman Approved as to Form: Sweetwater Union High School District ~ by: ~ John L. Rindone, Superintendent A:\HA YNES#3\SUHSD.FIN Page 11 A:\HA YNES#3\SUHSD.FIN November 18, 1994 T~J/ fJh~ Pa;}E- [;fa.nk! 1-c3d CITY COUNCIL/REDEVEWPMENT AGENCY AGENDA STATEMENT Item S Meeting Date 12/06/94 Agency Resolution / '13 ft Waiving the Formal Competitive Bidding Requirements and Approving a Settlement Agreement with Amwest Surety Company in a form to be Approved by the City Attorney which will Provide Funding for the Landscaping Contract with Brookwood Landscape, Inc. and Authorizing the Chairman to Execute Same Council Resolution 111 tfO Waiving the Formal Competitive Bidding Requirements and Approving a Settlement Agreement with Amwest Surety Company in a form to be Approved by the City Attorney which will Provide Funding for the Landscaping Contract with Brookwood Landscape, Inc. and Authorizing the Mayor to Execute Same SUBMITTED BY: Community Development Direcf\r . CS' REVIEWED BY: Executive DirectorJ<:t ~ ti!1f) (4/Sths Vote: Yes No X) BACKGROUND: The Agency is requested to award a contract to complete landscaping work as part of the Auto Park grading to Brookwood Landscape, Inc., the low bidder. This work, originally to be completed by the former property owner, Mr. Jimmie Shinohara, is being funded through an agreement with the Amwest Surety Company for the Shinohara grading work which has been negotiated by the City. ITEM TITLE: RECOMMENDATION: That the Agency adopt the resolution waiving the formal competitive bid process and approving the settlement agreement with Amwest Surety and award a contract to complete improvements with Brookwood Landscape, Inc. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The slopes on the southerly boundary of the Auto Park were to be landscaped for erosion control as part of the original grading plans for the project. The responsibility was originally the property owner's (Jimmie Shinohara), and was part of his rough grading plans which were to be completed before sale of the property. Rough grading work was transferred to the Auto Park developers before it was completed in order to expedite closing on the property. The landscaping requirements were not explicitly transferred as part of the Agreement between the former owner and the Auto Park developers. There is disagreement as to who is responsible for this $45,000 item. At the time initial grading plans were approved, Jimmie Shinohara provided a Grading Bond and Landscaping Bond to the City to guarantee completion of the work. Both of these bonds are still in place even though most of the grading work has been completed. City staff and Special Agency Counsel negotiated with the surety company to complete the landscaping work before s- ( Page 2, Item ::; Meeting Date 12/06/94 the rainy season begins. The surety company has offered the City $50,000 for this work in return forrelease of all of their bonds ($182,000 for grading and $91,408 for landscaping). The grading and landscaping, with the exception of this work, have been substantially completed. The City has previously agreed to accept this offer which will allow the landscaping work to be completed based upon previous bids secured by Mr. Shinohara's consultants from Brookwood Landscape, Inc. and Olsen and Associates, Inc. A Scope of Work detailing the project is attached. Based on these bids, Brookwood was chosen as the low bidder on a unit cost basis. Staff has confirmed that Brookwood Landscape, Inc. will still complete the work for their bid amount totalling $44,200. Acceptance of the surety's offer will complete the landscaping work, with the exception of the slopes on the parcel remaining in Shinohara's ownership. Since the slopes here still contain contaminated soils and will be excavated when the hazardous stockpile is removed, it would not be cost effective to landscape these slopes at this time. In addition, further grading improvements are necessary to provide effective drainage on the Shinohara parcel until the stockpile is removed and the site is upgraded. This work, estimated to cost $22,000 is not included in the surety's offer and will be Mr. Shinohara's responsibility to complete (the bond securing the same to be released in connection with the surety's agreement with the City). Without proper drainage, runoff could cause damage to the wetlands and neighboring properties. The owner is aware that this is his responsibility. The Council is requested to waive the formal competitive bidding process since the City will be acting as assignee for the surety company in carrying out this project and no City funds are being used. In addition, it is imperative to complete these improvements as soon as possible since the rainy season has begun and, without these improvements, substantial erosion could occur. Due to time constraints, the City Attorney has not reviewed the landscaping contract. However, the resolution approves the contract subject to final approval of its form by the City Attorney. FISCAL IMPACT: The City has agreed to accept $50,000 from the surety company to complete the landscape work. This amount should cover the $44,000 bid price, contingency and inspection fees. c:\kassman\ra4s\brookwoo.ra4 s'-, J- RESOLUTION 1436 RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA WAIVING FORMAL COMPETITIVE BIDDING REQUIREMENTS AND APPROVING A SETTLEMENT AGREEMENT WITH AM WEST SURETY COMPANY IN A FORM TO BE APPROVED BY THE CITY ATTORNEY WHICH WILL PROVIDE FUNDING FOR THE LANDSCAPING CONTRACT WITH BROOKWOOD LANDSCAPE, INC. AND AUTHORIZING THE CHAIRMAN TO EXECUTE SAME WHEREAS, landscaping of slopes adjacent to the Chula Vista Auto Park Project was part of the preliminary grading work to be completed by the former property owners in order to provide erosion control; and, WHEREAS, in the transfer of title of the property and grading responsibilities from the former property owners to the Chula Vista Auto Park owners, the responsibility for completion of the landscape work was not specified; and, WHEREAS, although most of the grading work has been completed, the landscape work has not been completed thereby causing a potential slope erosion problem; and, WHEREAS, the Amwest Surety Insurance Company (the "Surety") has issued bonds securing the grading and landscaping improvements totalling $273.408; and WHEREAS, the former property owner has bid out the landscape work and Brookwood Landscape, Inc. was determined to be the low bidder; and WHEREAS, City staff has negotiated with the Surety to fulfill the obligation to complete the landscape work; and, WHEREAS, the Surety has offered to pay $50,000 to the City subject to the City letting the contract and overseeing the work and releasing the surety from all further obligations related to this project; and, WHEREAS, the Surety's monetary offer is adequate to complete the landscape work; and, WHEREAS, completion of the landscape work is timely to provide erosion control during the rainy season. NOW THEREFORE, THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA does hereby find, order, determine and resolve as follows: Section 1. Formal bidding requirements for completion of the Auto Park erosion control landscape work are hereby waived due to the fact that the subject work was bid out by the former property owners, the work is being carried out by the Agency on behalf of, and subject to, a settlement agreement with the Amwest Surety Insurance Company which will provide funding for the landscaping contract with Brookwood Landscape, Inc. Section 2. A contract to complete the Auto Park erosion control landscape work attached hereto, is hereby awarded to Brookwood Landscape, Inc. for an amount not to exceed $50,000 and the Chairman is authorized to execute same in a form subject to final r .s -3 Resolution 1436 Page 2 approval of the City Attorney. Section 3. Awarding of the contract is conditioned upon execution of the settlement agreement with the Amwest Surety Insurance Company providing the funds to complete the landscape work. Section 4. A settlement agreement with Amwest Surety Company is hereby approved in a form to be approved by the City Attorney which will provide funding for the landscaping contract with Brookwood Landscape, Inc., and the Chairman is authorized to execute same. APPROVED AS TO FORM BY: ~-- ' C' - ~ ~.. ':,-.. c. ..:'.~ Ctiris Salomone Community Developmen Bruce M. Boogaard ,Y-Gener~er '-- IAK\b:\brookwoo.rsol ~-- 1 RESOLUTION 17740 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA WAIVING FORMAL COMPETITIVE BIDDING REQUIREMENTS AND APPROVING A SETTLEMENT AGREEMENT WITH AM WEST SURETY COMPANY IN A FORM TO BE APPROVED BY THE CITY ATTORNEY WHICH WILL PROVIDE FUNDING FOR THE LANDSCAPING CONTRACT WITH BROOKWOOD LANDSCAPE. INC. AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS. landscaping of slopes adjacent to the Chula Vista Auto Park Project was part of the preliminary grading work to be completed by the former property owners in order to provide erosion control; and, WHEREAS. in the transfer of title of the property and grading responsibilities from the former property owners to the Chula Vista Auto Park owners, the responsibility for completion of the landscape work was not specified; and, WHEREAS. although most of the grading work has been completed, the landscape work has not been completed thereby causing a potential slope erosion problem; and, WHEREAS. the Amwest Surety Insurance Company (the "Surety") has issued bonds securing the grading and landscaping improvements totalling $273.408; and WHEREAS, the former property owner has bid out the landscape work and Brookwood Landscape, Inc. was determined to be the low bidder; and WHEREAS. City staff has negotiated with the Surety to fulfill the obligation to complete the landscape work; and, WHEREAS, the Surety has offered to pay $50,000 to the City subject to the City letting the contract and overseeing the work and releasing the surety from all further obligations related to this project; and, WHEREAS, the Surety's monetary offer is adequate to complete the landscape work; and, WHEREAS. completion of the landscape work is timely to provide erosion control during the rainy season. NOW THEREFORE. THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby find, order. determine and resolve as follows: Section 1. Formal bidding requirements for completion of the Auto Park erosion control landscape work are hereby waived due to the fact that the subject work was bid out by the former property owners, the work is being carried out by the City on behalf of, and subject to, a settlement agreement with the Amwest Surety Insurance Company which will provide funding for the landscaping contract with Brookwood Landscape, Inc. Section 2. A contract to complete the Auto Park erosion control landscape work attached hereto, is hereby awarded to Brookwood Landscape, Inc. for an amount not to exceed $50,000 and the Mayor is authorized to execute same in a form subject to final s-~:) Resolution 17740 Page 2 approval of the City Attorney. Section 3. Awarding of the contract is conditioned upon execution of the settlement agreement with the Amwest Surety Insurance Company providing the funds to complete the landscape work. Section 4. A settlement agreement with the Amwest Surety Company is hereby approved in a form to be approved by the City Attorney which will provide funding for the Landscaping contract with Brookwood Landscape, Inc., and the Mayor is authorized to execute same. APPROVED AS TO FORM BY: Chris Salomone Community Developme c:-~ c-.:.. "'~--z.....--, .;;--~."c~ ruce M. Boogaar ______...-J \ CI orney ~ c:\kassman\resos\brookwoo.res ~~'0 CONTRACT This contract, made and entered into this day of . 19_ by and between the City of Chula Vista, State of California, hereinafter called the "Owner" and Brookwood Landscape, Inc. hereinafter called the "Contractor"; WITNESSETH: That the Owner and the Contractor for the consideration, hereinafter named, agree as follows: 1. The complete Contract includes all of the contract Documents as if set forth in full herein, to wit: the Proposal; the Accepted Bid; the Affidavit to Accompany Proposal; the Plans and Specifications; Standard Specifications; Standard Special Provisions; this Contract and all addenda setting forth any modifications or interpretations of any of said Documents. 2. The Contractor will furnish all materials except as otherwise provided in the Specifications or on the Plans and will perform all the work for: LANDSCAPING IMPROVEMENTS ON SLOPES SURROUNDING THE CHULA VISTA AUTO PARK IN THE CITY OF CHULA VISTA, CA The above work is on primarily City property and partially on private property, and under the directions of the Engineer or other official designated by the Owner to provide compliance with the terms and specifications of the Contract and all included documents all as provided in and subj ect to the Contract Documents. 3. The Owner will pay the Contractor in current funds for the performance of the Contract on the basis of the bid prices and work done at such times as are stated in the Specifications, and will otherwise fulfill its obligations thereunder. 4. All time limits stated in the Contract Documents are of the essence of this Contract. 5. In accordance with the Section 2.58.070 of the Chula Vista municipal Code regulating payment of prevailing wages for Contracts let by the City, Contractors are required only to pay minimum wage to persons employed by them for work under this contract. 6. The Contractor shall allow access by the City. the federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representatives to any books, documents, papers, and records of the Contractor pertinent to that specific Contract. j; -7 Contract (Continued) 7. The Contractor shall retain all required records for three years after final payments are made and all other pending matters are closed. IN WITNESS WHEREOF, the parties hereto have executed this Contract the day and year first above written. FOR THE CITY OF CHULA VISTA: FOR THE CONTRACTOR: BY: BY: ATTEST: BY: City Clerk I hereby certify that I have examined this Contract and find it to be in accordance with the provisions of the State of California. BY: City Attorney Sr3 m:\EnginccMdmio\Contnct\Boi1er.Min\TSBA YF. 25 (This affidavit shall be executed by the successful bidder in accordance with instructions in the Proposal Requirements of this Contract, but bidder may execute the affidavit on this page at the time of submitting his/her bid). NON-COLLUSION AFFIDAVIT To the City of Chula Vista, Public Works Department: The undersigned, in submitting a bid for performing the following work by Contract being duly sworn, deposes and says: That he/she has not, either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding and has not accepted any deposit from any subcontractor or material supplier through any bid depository, the by-laws, rules, and regulations of which prohibit or prevent the Contractor from considering any bid from any subcontractor or material supplier, which is not processed through said bid depository, or which prevent any subcontractor or material supplier from bidding to any Contractor who does not use the facilities or accept bids from or through such bid depository in connection with this Contract . Business Address Place of Residence Signature of Bidder Attach Proper Notarization 3- / m:\Engiocer\Admin\Contract\Boiler.Min\TSBA YF.25 WORKERS' COMPENSATION INSURANCE DECLARATION Date: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this Contract . Signature Contractor State Contractor's License No. Address City/State Phone Number :;; / /e) m:\Engineer\Admin\Contract\Boilcr.Min\TSBA YF.25 PART 1 SPECIAL PROVISIONS - GENERAL Part I shall conform to Part I of the Standard Specitications for Public Works Construction and as amended by the Standard Special Provisions except for the following changes and/or additions: 1-2 Definitions (p 19) Add or substitute for: Agency - the City of Chula Vista, State of California Board - the City Council of the City of Chula Vista Engineer - the City Engineer of the City of Chula Vista, acting directly or through properly authorized agents, such agents acting within the scope of the particular duties delegated to them. Laboratory - The designated laboratory authorized by the Engineer to test materials and work involved in the Contract . Notice - Shall be deemed to have been given if served personally on the Contractor or his/her authorized agent, or mailed to the Contractor postage prepaid. Standard Special Provisions - "Regional Supplement Amendments" for use with "Standard Specifications for Public Works Construction" approved and adopted by the San Diego County Regional Standards Committee. Chula Vista Standard Special Provisions - Standard Special Provisions prepared and approved by the City Engineer for use with "Standard Specifications for Public Works Construction. " Standard Specifications - "Standard Specifications for Public Works Construction" 1991 edition and all subsequent additions and revisions approved and adopted by the San Diego County Regional Standards Committee. Standard Plans - San Diego Area Regional Standard Drawings, Chula Vista Construction Standards, details for standard structures, devices or instructions referred to on the plans or in specifications by title or number. State Standard Specifications - Standard Specifications, State of California, Department of Transportation, dated July 1992 and all subsequent additions and revisions. State Standard Plans - Standard Plans, State of California, Department of Transportation, dated July 1992 and all subsequent additions and revisions. 5~/! m:\Engincer\Admin\Contract\Boi1cr .MiD\TSBAYF.25 Special Provisions - General (Continued) 2-1 Award and Execution of Contract Add: (p 30) The award of the Contract, if it be awarded, will be to the lowest responsible bidder whose proposal complies with all the requirements described. The award, if made, will be made within sixty (60) days after the opening of the bids. All bids will be compared on the basis of the Engineer's estimate of quantities of work to be done. The Contract shall be signed by the successful bidder, and returned together with the Contract bonds, within ten (10) working days after the bidder has received notice that the Contract has been awarded. No proposal shall be considered binding upon the City until the execution of the Contract . It shall be the responsibility of the successful bidder to make an appointment within the above time limit to sign the Contract in the City Engineer's Office and to discuss the construction operations with the Engineer, or his designee. Failure to execute a Contract and file acceptable bonds as provided herein within ten (IO) working days after the bidder has received notice that the Contract has been awarded, shall be just cause for the annulment of the award and the forfeiture of the proposal guaranty. Return of Bidder's Guaranty: Within ten (10) working days after the award of the Contract, the City of Chula Vista will return the cash or checks accompanying the proposals which are not to be considered in making the award. All other proposal guaranty will be held until the Contract has been finally executed, after which the cash or checks will be returned. Bid bonds will be returned upon request. Non-Collusion Provision: The Contractor to whom this Contract is to be awarded shall file a sWOrn Non-Collusion affidavit executed by, or on behalf of, the person, firm, association, or corporation to whom the Contract is awarded. This affidavit shall be executed and sWOrn to by the successful bidder before such persons as are authorized by the laws of the State of California to administer oaths, on the form included in these Contract documents. The original of such sWOrn statement shall be filed with the City Clerk. 2-5 Plans and Soecifications 2-5.1 General Add: (p 33) All authorized alterations affecting the requirements and information given on the approved plans shall be in writing. No changes shall be made of any plan or drawing after the same has been approved by the Engineer, except by direction of the Engineer. Finished surfaces in all cases shall conform with the lines, grades, cross sections, and m:\Enginecr\Admin\Contract\Boilcr.Min\TSBAYF.25 SId--- Special Provisions - General (Continued) dimensions shown on the approved plans. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the Engineer and authorized in writing. 2-5.2 Precedence of Contract Documents Add: (p 34) In the event of any discrepancy between any drawing and the figures written thereon, the figures shall be taken as correct. 2-10 Authoritv of Board and Emtineer Add: (p 37) Whenever the Contractor varies the period during which work is carried on each day, he/she shall give due notice to the Engineer, so that proper inspection may be provided. The Contractor shall pay a fee established by the City for inspection services, required outside of regular working hours, and on Saturdays, Sundays, and holidays recognized by the City. Any work done in the absence of the Engineer will be subject to rejection. 3-5 Disputed Work (p 44) ADMINISTRATIVE CLAIMS REQUIREMENTS AND PROCEDURES: No suit shall be brought arising out of this Contract, against the City, unless a claim has first been presented in writing and tiled with the City of Chula Vista and acted upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may be from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Contract . 4-1 Materials and W orkmanshio 4-1.3.3 Insoection bv the Al!encv: Delete entire section and add Section 4-1.3.4 below: 4-1.3.4 Insoection bv the Al!encv and Testinl! (p 45) The Agency will provide all inspection of work and materials within the City limits of the City of Chula Vista. For private Contracts, all costs of inspection at the source, including salaries and mileage costs, shall be paid by the Permittee. m:\Engineer\Admin\Contract\Boilcr.Min\TSBA YF.25 s-!3 Special Provisions - General (Continued) Testinl! - Private Contracts and Permittee: When required by the Engineer, tests shall be made to determine compliance with the plans and specifications. The tests shall be performed by a laboratory approved by the Engineer and the number of tests shall be determined by the Engineer. The costs of these tests shall be borne by the Contractor. Testinl! - City Contracts: When required by the Engineer, tests shall be made to determine compliance with the plans and specifications. The tests shall be performed by a laboratory approved by the Engineer. The City shall make the arrangements with the laboratory. The number of tests shall be determined by the Engineer. The Contractor shall give 24 hours advance notice on all calls for testing. The costs of these tests shall be borne by the City except for the tests that fail, which shall be paid for by the Contractor. 6-3 Suspension of Work Add: (P 53) The City Engineer shall have the authority to suspend the work wholly or in part for such period as may be necessary to determine whether or not there has been compliance with any provisions of the Contract and all related documents due to the manner in which the work has been performed. When the City Engineer orders suspension of the work for non- compliance with the Contract terms, said suspension shall in no event extend past one week (7 days) unless the City Engineer or his/her designee shall file upon the Contractor a notice of non-compliance of Contract terms. 6-6 Delavs and Extensions of Time 6-6.1 General Revise to read as follows: (P 55) If delays are caused by unforeseen events beyond the control of both the Contractor and the Agency, such delays will entitle the Contractor to an extension of time as provided herein, but the Contractor shall not be entitled to damages or additional payment due to such delays. War, government regulations, labor disputes, strikes, fires, floods, adverse weather necessitating cessation of work, other similar action of the elements, political opposition, unintended deficiencies or delinquencies by the Agency in complying with legally-mandated conditions precedent to issuance of the Contract (such as, for example, failure to comply with environmental laws, public hearing requirements, delays caused by utility relocations and or insta1lations, etc.) inability to obtain materials, equipment or labor, required extra m:\Enginccr\Admin\Conlract\Boiler.Min\TSBA YF.25 S<;( Special Provisions - General (Continued) work, or other specific reasons as may be further described in the Specifications may constitute such a delay. No extension of time will be granted for a delay caused by the inability to obtain materials unless the Contractor furnishes to the Engineer documentary proof of the inability to obtain such materials in a timely manner in accordance with the sequence of the Contractor's operations and the approved construction schedule. If delays beyond the Contractor's control are caused by reasons other than those mentioned above, but substantially equal in gravity to those enumerated, and an extension of time is deemed by the Engineer to be in the best interests of the Agency, an extension of time may be granted, but the Contractor will not entitled to damages or additional payment due to such delays. If delays beyond the Contractor's control are caused solely by action or inaction by the Agency, such delays will entitle the Contractor to an extension of time as provided in Subsection 6-6.2. 6-6.2 Extensions of Time Add: (p 55) It is further agreed that, in case the work called for under the Contract is not finished and completed in all parts and requirements within the time specified, the City Council shall have the right to extend the time for completion or not, as may seem best to serve the interest of the City; and if it decides to extend the time limit for the completion of the Contract, it shall further have the right to charge to the Contractor, his/her heirs, assigns or sureties, and to deduct from the final payment for the work all or any part, as it may deem proper, of the actual cost of engineering, inspection, superintendence, and other overhead expenses which are directly chargeable to the Contract , and which accrue during the period of such extension, except that the cost of final surveys and preparation of final estimate shall not be included in such charges. The Contractor shall not be assessed with liquidated damages nor the cost of engineering and inspection during any delay in the completion of the work caused by Acts of God or of the Public Enemy, acts of the City, fire, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather or delays of subcontractors due to such causes; provided that the Contractor shall, within ten (10) days from the beginning of such delay, notify the Engineer, in writing, of the causes of delay, who shall ascertain the facts and the extent of the delay, and his/her findings of the facts thereon shall be final and conclusive. 6-6.3 Pavment for Delavs to Contract Revise to read as follows: (p 56) The Contractor may be compensated for delays caused solely by the failure of the Agency to furnish necessary rights of way, failure to deliver materials shown in the Contract Documents to be furnished by the Agency, or for the suspension of the work by the Agency m:\Enginccr\Admio\Contract\Boi1cr.Min\TSBA YF.25 ~ S-I) Special Provisions - General (Continued) for its own convenience or benefit. Without constituting a limitation on other events which may also not be for the convenience or benefit of the Agency, it shall be deemed to be not a suspension of work for the Agency's convenience or benefit if the cause of the suspension is, or is related to, one of the causes of delay identified or referenced in the first paragraph of Section 6-6. I. If the Contractor sustains a loss which could not have been avoided by the judicious handling of forces, equipment or plant, there shall be paid to the Contractor such amount as the Engineer may find to be fair and reasonable compensation for such part of the Contractor's actual loss as was unavoidable. 6-7 Time of ComDletion Add: (p 56) The Contractor shall not begin work on or before the date specified in the "Notice of Execution of Contract," which date shall not be less than No of Days (00) calendar days following execution of the Contract by the City. The Contractor shall provide the City Engineer written notice of the specific date upon which he/she plans to commence work. Notice shall be given at least FORTY-EIGHT (48) hours in advance. Once work is started, the Contractor shall conduct his operations for continuous progress of work on a daily basis. The Contractor shall prosecute the work to completion before the expiration of December 22, 1994 (12) consecutive working days from the date he/she starts work and/or the date specified in the "Notice of Execution of Contract" whichever is earliest. 7-2.2 Laws Add: (p 59) Emolovment of ADprentices (This applies to Contracts requiring the payment of prevailing wages) Attention is directed to the provisions in Section 1777.5 (Chapter 1411, Statutes of 1968) and 1777.6 of the Labor Code concerning the employment of apprentices by the prime Contractor or any subcontractor under him/her who is awarded a Contract over $30,000 or 20 working days. Section 1777.5, as amended, requires the Contractor and subcontractor employing tradesperson (s) in any apprenticeable occupation to employ a ratio of not less than one apprentice for each five journeyperson (s), except under the following conditions: A. When unemployment in the area of coverage by the joint apprenticeship committee has exceeded an average of 15 percent in the 90 days prior to the request for certificate, or B. When the number of apprentices in training in the area exceeds a ratio of one to five, or C. If there is a showing that the apprenticeable craft or trade is replacing at least 1/30 m:\Engineer\Admin\Contract\Boilcr.Min\TSBA YF.25 S-rC; Special Provisions - General (Continued) of its journeyperson (s) annually through apprenticeship training on a statewide or local basis, or D. If assignment of an apprentice to any work performed under public works Contract would create a condition which would jeopardize his/her life or the life, safety, or property of fellow employees or the public at large, or if the specific task to which the apprentice is to be assigned is of such a nature that training cannot be provided by a journeyperson (s). The Contractor is required to make contributions to funds established for the administration of apprenticeship programs if he/she employees registered apprentices or journeyperson (s) in an apprenticeable trade on such Contracts, and if other Contractors on the public works site are making such contributions. The Contractor and any subcontractor under him/her shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedule and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the division of Apprenticeship Standards and its branch offices. The City of Chula Vista is required to notify the Division of Apprenticeship Standards within five days of the award of any Contract covered under the above provisions. Attention is also directed to the provisions of Section 1776 of the Labor Code concerning "Payroll Records of Wages Paid: Inspection: Effect of Non-compliance: Penalties." The Contractor is required to be in conformance with this section. Copies of the wage reporting form are available from Division of Labor Standard Enforcement (DLSE). 7-3 Liability Insurance Add: (p 60) Bodilv Iniurv and ProDertv Damal!e The Contractor shall, throughout the duration of this Contract maintain comprehensive general liability and property damage insurance covering all operations hereunder of the Contractor, its agents and employees including but not limited to premises and automobile, with minimum cover of ONE MILLION DOLLARS ($1,000,000.00) combined single limits. Evidence of such coverage, in the form of a Certificate of Insurance and Policy Endorsement which names the City as Additional Insured, shall be submitted to the City Engineer at 276 Fourth Avenue. Said policy or policies shall provide THIRTY (30) day written notice to the City Clerk of the City of Chula Vista of cancellation or material change. The City reserves the right to require insurance for a higher coverage than the minimum m:\&ginccr\Admin\Contract\Boiler.Min\TSBA YF.25 ---S:-(7 Special Provisions - General (Continued) limits. All insurance carriers shall comply with the items listed below: 1. A Best's Rating of "A-" Class V, or better. 2. Where a company is not included in Best's, it must show by convincing evidence that its financial responsibility is equal or better than the rating set forth in No. I. The Contractor shall, within ten (10) days after the awarding of the Contract, and before commencing the work of construction, deposit with the City Engineer of the City of Chula Vista, a certificate certifying that such insurance is, and will be, in full force and effect from the time the work is commenced until completed. 7-4 Worker's ComDensation Insurance Add: (p 61) The Contractor shall also carry Workers' Compensation insurance in statutory amount and Employer's Liability coverage in the amount of $500,000; evidence of which is to be furnished to the City in the form of Certificate of Insurance. 7-10 Public Convenience and Safety 7-10.1 Traffic and Access Add: (p 65) All traffic control shall be done in accordance with the latest revised edition of the Manual of Traffic Controls prepared by the California Department of Transportation. The latest revised edition of the Work Area Traffic Control Handbook (WATCH) may be used as a handy reference for compliance but does not excuse the Contractor from not complying with the State manual. 7-13 Laws to be Observed Add: (p 68) Taxes All applicable State or Federal taxes shall be considered as included in the amount paid for the various items of work. The Contractor shall be responsible for payment of such taxes to the proper governmental authority. The Contractor shall keep fully informed and comply with all existing Federal and State laws and all Municipal Ordinances and Regulations of the City which in any manner affect those engaged or employed in the work, or the material used in the work, or which in any way affect the conduct of the work, and all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. City of Chula Vista Resolution 3077 requires that all underground work be completed prior to the street being surfaced. Contractors and all subcontractors shall be licensed in accordance with the provisions of Chapter 9 of Division III of the Business and Professions Code, State of California. m:\Engincer\Admin\Contract\Boilcr.Min\TSBA YF.25 ~ (g Special Provisions - General (Continued) Unless otherwise specified, the Contractor shall procure all permits and licenses, pay all charges and fees, and give all notices necessary and incidental to the due and lawful prosecution of work. The Contractor and subcontractors shall have a valid City of Chula Vista Business License. 7-15 Record Retention and Availabilitv Add: I. The Contractor shall allow access by the City, the federal grantor agency, the Comptroller General of the United States, or any of their duly authorized representa- tives to any books, documents, papers and records of the Contractor pertinent to that specific Contract . 2. The Contractor shall retain all required records for three years after final payments are made and all other pending matters are closed. 9-1 Measurement of Ouantities for Unit Price Work Add: 9-1.1 General (p 73) The estimate of the quantities of work to be done and materials to be furnished are approximate only, being given as a basis for the comparison of bids, and the City of Chula Vista does not expressly or by implication agree that the actual amount of work will correspond therewith, but reserves the right to increase or decrease the amount of any class or portion of the work or to omit portions of the work that may be deemed necessary or expedient by the Engineer. 9-3 Pavment 9-3.2 Partial and Pinal Pavment Add: (p 76) The Engineer shall, after the completion of the Contract, make a final estimate of the amount of work done thereunder and the value of such work, and the City shall pay the entire sum so found to be due after deducting therefrom all previous payments, all amounts to be kept and all amounts to be retained under the provisions of the Contract. All prior partial estimates and payments shall be subject to correction in the final estimate and payment. The final payment shall not be due and payable until the expiration of 35 days from date of acceptance of work by the City Manager and/or City Council. It is mutually agreed between the parties to the Contract that no certificate given or payments made under the Contract, except the final certificate of final payment, shall be conclusive evidence of the performance of the Contract, either wholly or in part, against any claim of the City, and no payment shall be construed to be in acceptance of any defective work or improper materials. And the Contractor further agrees that the payment of the final amount due under the m:\Enginecr\Admin\Contract\Boiler.Min\TSBA YF.25 S-/7 Special Provisions - General (Continued) Contract , and the adjustment and payment for any work done in accordance with any alterations of the same, shall release the City, City Council and the Engineer from any and all claims or liability on account of work performed under the Contract or any alteration thereof. 9-3.3 Delivered Materials Add: (p 76) The City shall retain 50 percent of the value of the materials so estimated to have been furnished and delivered and unused as aforesaid as part security for the fulfillment of the Contract by the Contractor and shall monthly pay to the Contractor, while carrying on the work, the balance not retained, as aforesaid, after deducting therefrom all previous payments and all sums to be kept or retained under the provisions of the Contract . ADDITIONAL SECTIONS: 1. FEDERAL STATUTORY REOUlREMENTS FOR FEDERALLY ASSISTED CONSTRUCTION PROJECTS (Applicable to Contracts and Subcontracts which exceed $100,000) a. The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act, as amended (42 U.S.c. 1857 ET SEQ., as amended by Pub. L. 91-604), and under the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 ET SEQ., as amended by Pub. L. 92-500), Executive Order 11738, and regulations in implementation thereof (40 C.F.R., Part 15). b. The Contractor agrees to comply with all the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act and all regulations and guidelines listed thereunder. c. The Contractor shall promptly notify the City of the receipt of any communication from the Director, Office of Federal Activities, EP A, indicating that a facility to be utilized for the Contract is under consideration to be listed on the EP A List of Violating Facilities. d. The Contractor agrees to include or cause to be included the requirements listed above in every non-exempt subcontract, and further agrees to take such action as the Government may direct as a means of enforcing such requirements. 2. ENERGY EFFICIENCY The Contractor agrees that it shall comply with the mandatory standards and policies relating to energy efficiency which are contained in Title 24 (the State Energy Conservation Plan) which was issued in compliance with the Energy Policy and Conservation Act. m:\&ginccr\Admin\Coottacl\Boi1cr.Min\TSBA YF.25 -:5- -.d-U Special Provisions - General (Continued) 3. HOLD HARMLESS The Contractor a2rees to indemnify and hold harmless the City of Chula Vista against and from any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City, and shall defend, indemnify and save harmless the City, its officers, agents and employees, for any and all claims, demands, suits, actions, or proceedings of any kind or nature including worker's compensations claims, of or by anyone whomsoever, in any way resulting from or arising out of the negligent or intentional acts, errors or omissions of the Contractor or any of its officers, agents, or employees. m:\&sinccr\Admio\Cootract\Boilcr.Min\TSBAYF.25 S-d.-f CJhi~ fa9E. Clank! ~--J- ?-- 7',,0 I""~~"";:;:: ~...= BROOKWOOD .'''~~ LANDSCAPE, INC. ~,""4~ (/100 RECEIVED , " MAY 3 11994 W1LLIMt aOYU CORPORATION HLE It . ',.' (","utruction - Com.m.eJ'C.i81 Maintenance ~ May 24, 1994 Jimmy und J udl Shinohara WILLIAM BOYD CORPORATION 1228Ya CamIno Del Mar /)01 Mar, Clllifomiu 92014 VIA FAX (619) 2594>537 , . Re: Sht/whnra Stopa - Revised fJear Mr. aod Mrs. Shinohara: We llre pleased to present the following proposal. blllied UI1 i'l"''''-"' the City of Chula Vista, dated 918/92, for y()ur review, l!l"IJ1..M.l1tsrlals Provide ol'ld {n3lall thc following plfltll ""u""rJ per plans and specifications: (107) (580) 5 Gal/Oil Trees I Gallon Shrubs Hyriro5ecd Mp:; #2 lfydrQ,sf!ed Mix #3 MsiUUtiIYlJlcelWorranty Pro,'ide 90 dnys landseape 1I"""h'/lI""-". $9,700.00 $3,240.00 $230.00 J1!.u:tJ.Bru.!fiCI!!iPJ! To include application of Round Up 1/"r/l1< h'" Ql WBSt slop6. d1!1!m!!!!Y, IrtigaJlolt Provide and {"stall Q}2 automalla irnllltlllm 'I$rtmt per plans and specificatiuns. $-1:1,:130.00 &k!~{fI!t_Delefloll 7 Delete smalllYe,ft:faclng slope:" Delete soutlrw<tst ,'Orner irrixfltion "fir! l,j"tlIlI'.~, apprOJCimately 250'. Dele/e (742) 1'oJ'O 570 with l'Iozzle.\ . Dfllete ( /0) / W' Griswold Va/V/!'v. 1'Otll{ )JIIM /lid'" $5SAOO.00 <33.118.00> <$2,000.00> <$8,043.00> <$1,1~7.00> &1!t!!!gfe Chqnr~ Hunter f.GJI (pop-up rotors) ttl ".U;, '111"Jl'~ grade rotors) pn slQpe <$1,027.00> r~Jtl~ r.Jl;rro,ale Deletion!1/Challfla <S15.3/5.0fl> Ercl.!l5ion~ to II/elllde Imporl and export of soil. dl'"I,',,~:,' ..'Hfion control. power and water ,\Y)lI1'C", repaD's /r) :slopes/sll., fr"", ,'.."wn. prevailing wagtl. mulch In planting (lJ'ea.', and soils IJllf(lm,,',. ". ",{l~ report. If Y<)f) $hould have any questions. pl=~e do not hesitate 1(1 (\I":I,M 'fl\). ~ Rod Crossman Operations Manager lIClm..",hinohar.S24 " ('t'1.l1tlX H~Ll(~ I" ~,ll\ I >lL'It" c. .-\ ".'loH.OO39. lol'll If<", , , ((l'~) 280.1<)73 . Cll!. Lie. 528203 . .5~. ;)3 fJfu~ fa9E; Clan.k! :) ~d-i REDEVELOPMENT AGENCY STATEMENT Item c;: Meeting Date 12/6/94 Resolution I <-(3 7 Authorizing the execution of two easement agreements requested by the San Diego Gas & Electric Company (SDG&E) for the purpose of installing underground facilities and appurtenances within Utility Undergrounding District No. 117 along Broadway between I Stree~ Moss Street SUBMITTED BY: Director of Public Works S Community Development i~ft ~ ~ . REVIEWED BY: Executive Director~ ~ ~J (4/5ths Vote: Yes_No_XJ On December 10, 1985, the City Council approved Resolution 12276 (Exhibit A) establishing Underground Utility District No. 117 along Broadway from I Street to Moss Street. San Diego Gas & Electric Company (SDG&E) has requested two easements along Broadway (753 and 801 Broadway) in order to install and maintain pad-mounted transformers behind the sidewalk (Exhibit B). ITEM TITLE: RECOMMENDATION: That Redevelopment Agency approve the resolution authorizing the execution of two easement agreements requested by SDG&E for the purpose of installing underground facilities and appurtenances within Underground District No. 117, along Broadway between I Street and Moss Street. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The two easements are located on Broadway at the southwest comers of two Redevelopment Agency-owned properties (753 and 801 Broadway respectively). In order to underground the overhead utilities, SDG&E must place certain facilities (transformers) behind the sidewalk on Broadway. The transformers are approximately 36" long, 36" wide, and 36" high and will be located in an easement 9 feet long by 6 feet deep. The subject facilities fall behind the sidewalk and outside public right-of way which requires that the Redevelopment Agency provide the necessary easement as requested by SDG&E. These two properties originally occupied by two car dealerships were recently acquired by the Redevelopment Agency through the coordination of the Community Development Department. The Community Development Department staff has reviewed the easement documents and recommends the granting of the easements to SDG&E. FISCAL IMPACT: All costs associated with this action will be borne by SDG&E. Exhibit A: Exhibit B: Resolution 12276 and agenda statement from 12/10/85 Locator map AC:dh:File #GGl48 m:\...\agenda\easeesmt.ac 0-( fJhL~ p~t: Clank! 0-';<' RESOLUTION NO. RESOLUTION OF THE REDEVELOPMENT AGENCY OF THE CITY OF CHULA VISTA AUTHORIZING THE EXECUTION OF TWO EASEMENT AGREEMENTS REQUESTED BY THE SAN DIEGO GAS & ELECTRIC COMPANY (SDG&E) FOR THE PURPOSE OF INSTALLING UNDERGROUND FACILITIES AND APPURTENANCES WITHIN UTILITY UNDERGROUNDING DISTRICT NO. 117 ALONG BROADWAY BETWEEN I STREET AND MOSS STREET WHEREAS, on December 10, 1985, the city Council approved Resolution 12276 establishing Underground Utility District No. 117 along Broadway from I Street to Moss Street; and WHEREAS, San Diego Gas & Electric Company (SDG&E) has requested two easements along Broadway (753 and 801 Broadway) in order to install and maintain pad-mounted transformers behind the sidewalk; and WHEREAS, since the subject facilities fall behind the sidewalk and outside public right-of-way, it requires that the Redevelopment Agency provide the necessary easement as requested by SDG&E. NOW, THEREFORE, BE IT RESOLVED that the Redevelopment Agency of the city of Chula vista does hereby authorize the execution of two easement agreements requested by SDG&E for the purpose of installing underground facilities and appurtenances within Underground District No. 117, along Broadway. between I Street and Moss Street. John P. Lippitt, Director of Public Works ovel Presented by C:\rs\SDGEease.RA &-3 CJhi~ fa;jE- Clank! ('7-4 Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company PO Box 1831 San Diego, CA 92112 Attn.: Office Services, EB 5 SPACE ABOVE FOR RECORDER'S USE Project No.: 400843-010 Constr. No.: 2485000 APN No.: 572-270-51 Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY UNDERGROUND ELECTRIC EASEMENT THE CITY OF CHULA VISTA, a municipal corporation, (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of underground facilities and appurtenances for the transntission and distribution of electricity. The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands: Grantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials. The property in which this easement and right of way is hereby granted is situated in the County of San Diego, State of California, described as follows: The Westerly 10.00 feet of that portion of Lot I in Quarter-Section 146 of CHULA VISTA, according to Map thereof No. 505, on file in the Office of the County Recorder of said County of San Diego, described in a Deed recorded October 27, 1988, at Recorder's File/Page No. 88-548543, Official Records, on file in said County Recorder's Office. The easement in the aforesaid property shall be a strip ofland, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every facility installed as shown on Grantee's Construction Order No. 2485000 (available upon request from Grantee) within said property on or before October I, 1995. SDG&E shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including but not lintited to attorney's fees) arising out of the conduct of SDG&E, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this easement, except those claims arising from the sole negligence or sole willful conduct of the City, its officers or employees. SDG&E's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, SDG&E, at its own expense shall, upon written request by the City, defend any suit or action brought against the City, its officers, agents or employees arising out of the conduct ofSDG&E, or any agent or employee, subcontractor, or others in connection with the execution of the work covered by this easement, except those claims arising from the sole negligence or sole willful conduct of the City, its officers or employees. SDG&E's indemnification of City shall not be limited by any prior or subsequent declaration by SDG&E. H:\R\D4.dot..BAJ fo,-~ Grantor shall at all times indemnify and save harmless Grantee against, and pay in full, all loss, damage or expense that Grantee may sustain, incur or become liable for, resulting in any manner from the constmction, maintenance, use, Slate of repair or presence of Grantee's facilities and all necessary and proper fixtures and equipment for use in connection therewith, including any such loss, damage or expense arising out of (a) loss of or damage to propel1y and (b) injury to or death of persons, excepting any loss, damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of the Grantee, its contractors, officers, agents or employees. Grantor shall not erect, place or construct, nor perntit to be erected, placed or constructed, any building or other stmcture, plant any tree, drill or dig any well, within this easement. Grantor shall not increase or decrease the ground surface elevations within this easement after installation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be withheld. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to propel1y or persons. CONDUITS CARRY mGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING 696-2000, and OBTAINING PERMISSION. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, permittees, licensees, agents or assigns of Grantor and Grantee. IN WITNESS WHEREOF, Grantor executed this instrument this _ day of ,19_. Drawn Date Project No. Const. No. A.P. No. Svendsen November 3, 1995 400843-010 2485000 572-270-51 THE CITY OF CHULA VISTA a municipal corporation By: H:\R\D4.dot..BAJ 0- 4-4 ,Recording Requested by San Diego Gas & Electric Company When recorded, mail to: San Diego Gas & Electric Company POBox 1831 San Diego, CA 92112 Attn.: Office Services, EB 5 SPACE ABOVE FOR RECORDER'S USE Project No.: 400843-010 Constr. No.: 2485000 APN No.: 572-212-07 Transfer Tax None SAN DIEGO GAS & ELECTRIC COMPANY UNDERGROUND ELECTRIC EASEMENT THE CITY OF CHULA VISTA, a municipal corporation, (Grantor), grants to SAN DIEGO GAS & ELECTRIC COMPANY, a corporation (Grantee), an easement and right of way in, upon, over, under and across the lands hereinafter described, to erect, construct, change the size of, improve, reconstruct, relocate, repair, maintain and use facilities consisting of underground facilities and appurtenances for the transntission and distribution of electricity. The above facilities will be installed at such locations and elevations upon, along, over and under the hereinafter described easement as Grantee may now or hereafter deem convenient or necessary. Grantee also has the right of ingress and egress, to, from and along this easement in, upon, over and across the hereinafter described lands. Grantee further has the right, but not the duty to clear and keep this easement clear from explosives, buildings, structures and materials. The property in which this easement and right of way is hereby granted is situated in the County of San Diego, State of California, described as follows: The Westerly 10.00 feet of the North Half of Lot 25 in Quarter-Section 147 of CHULA VISTA, according to Map thereof No. 505, on file in the Office of the County Recorder of said County of San Diego, described in a deed recorded January 2,1990, at Recorder's File/Page No. 90-000412, Official Records, on file in said County Recorder's Office. The easement in the aforesaid property shall be a strip of land, including all of the area lying between the exterior sidelines, which sidelines shall be three (3) feet, measured at right angles, on each exterior side of each and every facility installed as shoWD on Grantee's Construction Order No. 2485000 (avai1able upon request from Grantee) within said property on or before October I, 1995. SDG&E shall defend, indemnify and hold harmless the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including but not lincited to attorney's fees) arising out of the conduct of SDG&E, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this easement, except those claims arising from the sole negligence or sole willful conduct of the City, its officers or employees. SDG&E's indemnification shall include any and all costs, expenses, attorney's fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, SDG&E, at its OWD expense shall, upon written request by the City, defend any suit or action brought against the City, its officers, agents or employees arising out of the conduct of SDG&E, or any agent or employee, subcontractor, or others in connection with the execution of the work covered by this easement, except those claims arising from the sole negligence or sole willful conduct of the City, its officers or employees. SDG&E's indemnification of City shall not be lincited by any prior or subsequent declaration by SDG&E. H:\R\D4.dot..BAJ {;,- t/- .a Grantor shall at all times indemnifY and save barm1ess Grantee against, and pay in full, all loss, damage or expense that Grantee may sustain, incur or become liable for, resulting in any manner from the construction, maintenance, use, state ofrepair or presence of Grantee's facilities and all necessary and proper fixtures and equipment for use in connection therewith, including any such loss, damage or expense arising out of (a) loss of or damage to property and (b) injury to or death of persons, excepting any loss, damage or expense and claims for loss, damage or expense resulting in any manner from the negligent act or acts of the Grantee, its contractors, officers, agents or employees. Grantor shall not erect, place or construct, nor perntit to be erected, placed or constructed, any building or other structure, plant any tree, drill or dig any well, within this easement. Grantor shall not increase or decrease the ground surface elevations within this easement after insta1lation of Grantee's facilities, without prior written consent of Grantee, which consent shall not unreasonably be wit1theld. Grantee shall have the right but not the duty, to trim or remove trees and brush along or adjacent to this easement and remove roots from within this easement whenever Grantee deems it necessary. Said right shall not relieve Grantor of the duty as owner to trim or remove trees and brush to prevent danger or hazard to property or persons. CONDUITS CARRY HIGH VOLTAGE ELECTRICAL CONDUCTORS, therefore Grantor shall not make or allow any excavation or fill to be made within this easement WITHOUT FIRST NOTIFYING SAN DIEGO GAS & ELECTRIC COMPANY BY CALLING 696-2000, and OBTAINING PERMISSION. This easement shall be binding upon and inure to the benefit of successors, heirs, executors, administrators, pennittees, licensees, agents or assigns of Grantor and Grantee. IN WITNESS WHEREOF, Grantor executed this instrument this _ day of ,19_. Drawn Date Project No. Const. No. A.P. No. Svendsen November 3, 1995 400843-010 2485000 572-212-07 THE CITY OF CHULA VISTA a municipal corporation By: H:\R\D4.dot.BAJ tJ tfJ3 " .~ i" ...I~" .~ . '~ ':: RBSOLUTION NO. 12276 RESOLUTION OF THE CITY COUNCIL or THE C1TY OF CHULA VISTA ESTABLISHING AN UNDERGROUND U'rILITY DISTRICT NO. 117 ON BROADWAY FROM "I" STREET TO MOSS STREET ., The City Counci 1 of the City of Chula Vista does hereby r~solve as follows: ~ .~ I > WHEREAS, by Resolution No. 12252, a public hearing was called for 7:00 p.m. on Tuesday, the 10th day of 1985, in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue in said City, to ascertain whet1:er the public health, safety or welfare requires the removal of poles, overhead wires and associated ove.head structures and the underground installation of wires and facil ities for supplyi.ng electric, communication or similar or associated seevice within that certain area of the City more particularly described as follows: ~, I. , \ All that property lying between "I" Street and Moss Street along Broadway and encloned within the boundary as shrown on the plat attached hereto as Exhibit "A" of Underground Utility District No. 117 " 1 and .> ,,' " '. WHEREAS, notice of such hearing 11dS been given to all dfU.cted property owners a" shown on th" last equa li7.ed aesasement roll, and to the utility compani.es concerned in the manner ~nd for the time required by law, and .j', ^ " , , WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds and determines that the public health, safety and welfare requires the removal of pOles, overhead wires and associated structures, and the underground installation Of wires and facilities for supplying electric, communication or similar a.soeiated services, the above-described area is hereby declared an Underground Utility District, and is designated as such in the City of Chula Vista. Attached hereto, marked Exhibit "A", and incorporated herein by reterence ls a mnp delineating thu boundaries of said Diatricl. -1- &'-5 HE IT FUR'fIIBR RF.SOLVED tha" the City Council shall, by subsequent resolution, fix the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, oV8rhead wires and associated overhead structures and th<! underground installation of wiree and facilities for supplying electric, communication or similar aSBociated service within said Underground Utility District. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify <.11 affected utilities and all persons owning real property within said Underground Utility District of the adoption of this resolution within fifteen days after the date of said adoption. Said City Clerk shall further notify said property owners of the neceSF ~cy that, if they or any person occupying such property desires to continue to rece~"'e electric, communication or other similar or associated service, they, or such occupant shall, by the date fixed in a subsequent resolution provide all necessary facilitv changes on their prerr.!ses so as to re.:eive such service from the lines of the supplying utilIty or utilities at a n8W location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Uti liUes Commission of the State of California as of the daLe of adoption of this resolution. Such notification shall be made by mailing a copy of this rt:solution to affected property owners as shown on the last equalized asse!lsment roll and to the affected utility companies. BE IT PURTHER RESOLVEO that the City Council hetE'hy finds that the Underground Utility District herein created Is i~ the general public interest for the following reasons: 1. That the undergrounding to be accomplished will "void or eliminate an unusually heavy concentration of overhead disttibution facilities. 2. That the streets, roads or rights-of-way in the District are extensively used by the general public and carry a heavy volume of pedestrian or vehicular traffic. Presented by Approved ae to form by L~! ~. , ~P. L p:rly Engineer 10441\ -2- &-f;, ADOPTED AND APPROI,ED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, C/\;"IFORNIA, this iq AS 10th dO:J of December hv . I -, !he fo!lcwing vole, to--wit AYES: Counc i 1 ",e;.'~€rs McCandliss, Cox, Malcolm, Moore, Scott NAYES: ABSTAIN: ABSENT: Counei 1 members None Coune i 1 r.1embers None Counei lmembers None ~, Cr- Chula Vista ATTEST ~n<"-.~)~~ t/ City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO ) 55. CITY OF CHUlA VISTA I, JENNIE M. FULASZ, CMC, CITY CLERK of the City of Chula Vista, California, DO HEREBY CERTIFY that the above and foregoing Is a full, true and correct copy of RESOLUTION NO. 12276 ,and thot the same has not been amended or repeol,.d DATED (..a') City Clerk 0-7 C1hi~ Pa;}E- Clank! 0-( COUNCIL AGENDA STATIMfNT Item 'j Meeting D~te_.J_2j}O/_~__ ITEM TITLE: a Public Hearing - Consideration of estab11sh;~g Underground Utility District No. 117 on Broadway from "I" Street to Moss Street b. Resolution /.5?':;'16 Establishing Underground Utility District No. 117 on Broadway from" I" Street to M(\ss Street REVIEWED BY; Director of Public Ci ty Manage~ Works/City Engineer ~~ (4/5",S Vote: Yes_No_~) SUBMITTED BY: On November 19, 1985, by Resolution No. 12252, the City Council ordered a publiC hearing to be held on December 10, 1985, to determine \~hether the pUblic he~ltl1, safety, or general welfare require the formation of an Underground Utility District on [lroadway from "1" Street to Moss Street, RECOMMENDATION: That Council: 1. Conduct the pub1 ic hearing on the formation of the conversion district and 2. Adopt a resolution forming the district, BOARDS/C~1MISSIONS RECO,+IENOAiION: Not applicable. DISCUSSION: The fonnation of this conversion district was considered important by the City's Underground Utility Advisory Committee because: 1. This segment of Broadway carries an average daily traffic of 19,500. 2. All work will be within the Broadway right-of-way. 3. Upon its completion, this conversion district w'ill provide underground ut1l iti es along Broadway from "E" Street to Moss Street (Broadway ha s been converted from "E" Street to "I Street). 4. We would underground the utilities in advance of other proposed pavement reconstruction work. As shown on the proposed Broadway Improvement Schedule below, Broadway will have a smooth travelway and an enhanced ilesthetic value to all its users due to the removal of the r,ules dnd overhead wires. Completion of the undergrounding and reconstruction \~ork would be accomplished in FY 1989-90. ~+-V-<~ by the City Cormcil of Ciluta Vl.:;ta. California 0-9 ():It'''J /-::' /.:1. V"","- ,/ ',,' I Page 2, It~m r Meet 1 ng Oil te-Tr,1"ullL ~ ~r~r)$ed Broat:way Improvement Schedll_~ limit COIw"rsi on Work Rec..':!nstr'uf..tio.!l_ Work "F" Street to "I" Street "L" Street to Moss Street "I" Street to ,;' Street "K" Street to "L" Street Done FY 1986-87 FY lS87-88 FY 1987-88 FY 1986-87 FY 1987-88 FY 1988-69 FY 1989-90 ~ ; 5. There are suflicient 31location funds to cover the $1,160,000 anticipated cost of this project, Section 15.32.130 of the Chula Vista Municiflal Code specifies that City Council hold a publiC hear-ing to detennine whether the public health, safety and general we Hare reQui res the undergroundi ng of exi sti ng overhead util iti es within designated areas of the City and to give the persons the opportunity to spea\( in favor or against the formation of a proposed district to underground util i ti es. The purpose of formi ng the di strict is to reQui re property owners to change their electr'ical wiring to receive undf'rground electrical service. The service lateral conversion is a cost to be borne by the property owner and genera'l1y ranges betwee!1 $300 and $1,000. The use of allocation funds to subsidize this cost to the property owner is not pennitted by Council Policy t~o. 585-1 because the properties affected are all commercially zoned. ~ Additional cost will be borne by the City because this conversion projf'ct will require that tilE City fund the ;nst.al1ation of new street 1 ights wi-h underground wirinq. The cost to install the street lights is estimated to ~~ approximately $206,000, Funds for this cost will be requested in next year's Capital Imp,'ovement Program (CIPl. As shown on the Proposed Broadway Improvement Schedule table above, the conversion district will be accomplished in phases. Therefore, the Director of Public Works/City Engineer subsequent to the fonnation will submit to the Council separate resolutions setting the date for the removal of poles for each of the phases of wOl-k. A Council resolution setting a poles out date is requ'j;'ed b:' Section 15.32.170 of the Chula Vista Municipal Code. Or. a typical district fonnation proceedings, such resolution would also set the date for property owners to be ready to receive underground facilities. Submissions for such resolution(s) with each phase will occur after we receive a schedule for the project from the San Diego Gas & Electric Company (SDG&E) and concurrence with the schedule is obtained from Pacific Bell and Cox Cable T.V. A set of transparencies showi~g the proposed district area is available far Council viewing. FISCAL I~PACT: The cost of undergroundi ng util iti es along Street to Moss Street is estimated to be about $1,060,000. funded from accumulated allocations from SDG&E. Broadway from "I" This cost will be The undergrounding will require the installation of street lights with underground wire to provide for traffic and pedestrian safety. This cost, to be paid by the City, is estimated to be approximately $206,000. Funds for this cost will be requested in next year's CIP budget. ~J~I," ~ 7r,~F CO-(C. h--J ru~ :is "ft: f'r- I I L-.J,I l ::J~t::jJ I ,. ,A .;~r~-i ::! iJll-! " t--1' \) I' 'I l'= I : !=:~I j t~ I f=jJ f> "...l '>- i'l' ~t1- ~ lb (/:.CJ, Cl E ~ '!/ / j I' , L__ !_--2J ')! \J /~S . "li r!J~ / . --11 [-1 '< l:I.H -i ..{ / f t M*=~I Il\ "; '1/ {L , , ~ I~ ' I " I: ~r---1 ~ J -~ ~c===l !;/ / ,- ~~ 7' ('0 ..1 ?::::l :-:., - ~~ lill !-~l '3 '" E I , ,., ~ Q 'l! 1__0 I L_JI :>( \J is :t '>! ~ l:iS . 'L9;1 r~ d) 2 , , r- 4- cO 'i { ~ 1'- - -7\ \0 \- ~ I bJ. t:~<<ll.! I~i: '81:1: :Ij i.~I-~I! !~ {~~@tJ '1,I~q 11.0. 5l-i30-i~ UJ~"- i-tD :is I. SHT~ OF ...J::...SHTS !:--~ ~.-"-~ --. D"AWN .v A. G TZTLE ~XHI e,iT l?~ , DATE -- 11;14/04 LDGATofZ MAP 0-11 C1hi~ Pa;J~ 6fank! 6-( ~ REDEVELOPMENT AGENCY AGENDA STATEMENT Item 7 Meeting Date 12/06/94 ITEM TITLE: PUBLIC HEARING REVIEW OF FIVE YEAR IMPLEMENTATION PLANS FOR THE FOLLOWING REDEVELOPMENT PROJECT AREAS IN COMPLIANCE WITH SECTION 33490 OF THE COMMUNITY REDEVELOPMENT LAW (HEALTH AND SAFETY CODE SECTION 33000 et seq.): " BA YFRONT REDEVELOPMENT PROJECT; " TOWN CENTRE I REDEVELOPMENT PROJECT; " TOWN CENTRE II REDEVELOPMENT PROJECT; " OTAY VALLEY ROAD REDEVELOPMENT PROJECT; " SOUTHWEST REDEVELOPMENT PROJECT A. AGENCY RESOLUTION xxxx ADOPTING THE FIVE YEAR IMPLEMENTATION PLAN FOR THE BAYFRONT REDEVELOPMENT PROJECT PURSUANT TO SECTION 33490 OF THE COMMUNITY REDEVELOPMENT LAW B. AGENCY RESOLUTION xxxx C. AGENCY RESOLUTION xxxx D. AGENCY RESOLUTION xxxx E. AGENCY RESOLUTION xxxx ADOPTING THE FIVE YEAR IMPLEMENTATION PLAN FOR THE TOWN CENTRE I REDEVELOPMENT PROJECT PURSUANT TO SECTION 33490 OF THE COMMUNITY REDEVELOPMENT LAW ADOPTING THE FIVE YEAR IMPLEMENTATION PLAN FOR THE TOWN CENTRE II REDEVELOPMENT PROJECT PURSUANT TO SECTION 33490 OF THE COMMUNITY REDEVELOPMENT LAW ADOPTING THE FIVE YEAR IMPLEMENTATION FOR THE OTAY VALLEY ROAD REDEVELOPMENT PROJECT PURSUANT TO SECTION 33490 OF THE COMMUNITY REDEVELOPMENT LAW ADOPTING THE FIVE YEAR IMPLEMENTATION PLAN FOR THE SOUTHWEST REDEVELOPMENT PROJECT PURSUANT TO SECTION 33490 OF THE COMMUNITY REDEVELOPMENT LAW SUBMITTED BY: c S. Community Development Director . REVIEWED BY: Executive Director (4/5ths Vote: Yes No Xl Council Referral Number: BACKGROUND: Section 33490 of the Community Redevelopment Law requires that on or before 12/31/94, and each five years thereafter, each redevelopment agency that has adopted a redevelopment plan prior to 12/31/93, shall adopt, after a public hearing, an Implementation Plan and Housing Implementation Plan therefor that shall contain the specific goals and objectives of the agency for the project area, programs, projects, and expenditures proposed to be made during the next five years, and an explanation of how the goals and objectives, projects, and expenditures will eliminate blight within the project area. Staff has prepared the Implementation Plan and Housing Implementation Plan therefor for each of the Agency's five project areas. Staff recommends approval of the resolutions. RECOMMENDATION: Staff recommends opening the public hearing and continuing to a date and time certain, that being Tuesday, December 13, 1994 at 6:00 p.m. immediately following the City Council meeting. 7-/ C1I'u~ fa9E- Clank! 7 - j-.- REDEVELOPMENT AGENCY AGENDA STATEMENT Item Meeting Date 12/6/94 J ITEM TITLE: PUBLIC HEARING: LEASE OF THE PROPERTY AT 753 BROADWAY TO BUDGET RENT-A-CAR AND FINDING, PURSUANT TO SECTION 33433, THAT THIS LEASE WILL ASSIST I~ THE ELIMINATION OF BLIGHT AND THAT CONSIDERATION OFFERED IS NOT LESS THAN MARKET VALUE. RESOLUTION Authorizing the Chairman to execute a lease for the property located at 753 Broadway with Budget Rent-a-Car. SUBMITTED BY: Community Development Director {. ~ , REVIEWED BY: Executive DirectorJc, b-v\ ~ () (4/Sths Vote: Yes _ No-> BACKGROUND: The Chula Vista Redevelopment Agency acquired the property at 753 Broadway (formerly utilized as a Ford truck lot) as part of the Auto Park project. Budget Rent- a-Car approached the Community Development Staff with an offer to lease the property. Staff negotiated the terms of the proposed lease with Budget Rent-a-Car's broker. Staff believes that the terms agreed upon constitute a market rate for the property. RECOMMENDATION: Staff recommends opening the public hearing and continuing to a date and time certain, that being Tuesday, December 13, 1994 at 6:00 p.m. immediately following the City Council meeting. . 0-1 C1f'u~ fUUJE Clank! ??~J-