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HomeMy WebLinkAboutAgenda Packet 1992/09/22 III declarll under penalty of perjury t'hat t !11ft employed by the City of Chula Vista in the Office of the City Clerk and that I posted this Agenda/Notice on the Bulletin Board at the PUblic/eTces BUildin~. an llt City Hall on Tuesday, September 22,1992 DATED. q '.. '32::.... SIGN . iL.o~ .. Council Chambers 6:00 p.m.' Public Services Building Rewlar Meetin\< of the City of Chula Vista City Council CALL TO ORDER Councilmembers Horton _, Malcolm _, Moore _, Rindone -' and Mayor Nader _ 1. ROll CALL: 2. PLEDGE OF AlLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINlITES: September 8, 1992 4. SPECIAL ORDERS OF THE DAY: a. Proclamation designating September 20 to September 26, 1992 as "Waste Reduction Week" in the City of Chula Vista will be presented to Stephanie Snyder. b. Proclamation commending Anthony Ciotti, Jr. upon 15 years of dedicated service in the City of Chula Vista.. CONSENT CALENDAR (Items 5 to 12) The staff recommendations regarding the following iJems listed under the Consent Calendar will be enacted by the Coutu:iI by one motion wUhout discussion unless a Councilmember, a member of the publU: or CiJy staff requests that the item be pulktI for discussion. If you wish to speok on one of these items, please fill out a "Request to Speak Form" available in the lobby and submit it to the CiJy Clerk prior to the meeting. (Complete the green form to speok in favor of the staff recommendJ1tion; complete the pink form to speak in opposition to the staff recomrnendLltio) Items pulktI from the Consent Calendar will be discussed after Action Items and Boards and Commission Recommendations. Items pufled by the publU: will be the first iJems of business. 5. WRITfEN COMMUNICATIONS: a. Letter requesting increased police patrols in an area of southeast Chula Vista - Ella M. Croshier, 25 Blue Anchor Cay Road, Coronado, CA 92118. b. Letter requesting that the conditional use permit, including the design review and any other fees associated with the application, be waived - Gerald L. Bendickson, Chairman of Governing Board, South Bay Baptist Church, 960 Fifth Ave., Chula Vista, CA 91911. 6.A. RESOLUTION 16811 APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LETTIERI-MCINfYRE & ASSOCIATES, PROJECT MANAGER. AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL SERVICES FOR OTAY RANCH, AND AUfHORIZING THE MAYOR TO EXECIITE THE AGREEMENT - The agreement is intended to cover the final phase of the Gtay Ranch Project which includes, but not limited to, the Development/Public Benefit Agreement, Sphere of Influence Study, and the Property Tax Agreement coordination with the City and County. Staff recommends approval of the resolutions. (Deputy City Manager Kremp\) Agenda -2- September 22, 1992 B. RESOLUTION 16812 APPROVING A MODIFICATION TO TIlE AGREEMENT BETWEEN TIlE CITY OF CIIDLA VISfA AND LETTIERI-MONTYRE &. ASSOCIATES, PROJECT MANAGER, AND TIffi BAIDWINVISfAASSOClATES FOR PROFESSIONAL SERVICES TO ASSIST TIffi OTAY RANCH TEAM GENERAL MANAGER, AND AUTHORIZING TIffi MAYOR TO EXECUTE TIffi AGREEMENT - The Otay Ranch Project is entering the final processing phases and additional assistance is needed in specific areas. This request is being made to allocate one additional Lettieri-Mcintyre & Associates staff person to assist in coordination of such projects as the Planning Commission referrals, Sphere of Influence Study, and the Public Participation Program. 7. RESOLUTION 16813 AUTHORIZING TIffi O'IYTO PARTIOPATE IN AWARD OF BID TO EBSCO FOR PURCHASE OF PERIODICAL SUBSCRIPTION SERVICES - Council Resolution 6132 authorizes the City to participate in bids with the City of San Diego for the purchase of materials or supplies of common usage. The City of San Diego has awarded its contract for periodical subscription service. Chula Vista is able to participate in this contract via a Public Agency clause. Staff recommends approval of the resolution. (Director of Finance) B.A. RESOLUTION 16814 EXEROSE TIffi OPTION FOR RENEWAL OF LANDSCAPE MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE DISfRlCTS NUMBER 1-10, 14, 15, 18, 20, AND EASTJ.AKE MAINTENANCE DISfRlCT - On 5/6/86, Council accepted the Department's report regarding renewal options for Open Space contractors. The Department will exercise its option to renew the landscape maintenance contracts in Open Space Maintenance Districts 1-11, 14 (Units 1-7), 15, 18,20, and EastLake Maintenance District. Staff recommends approval of the resolutions. (Director of Parks & Recreation) B. RESOLUTION 16815 EXEROSE TIffi OPTION FOR RENEWAL OF LANDSCAPE MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE DISTRICT NUMBER 11 9.A. RESOLUTION 16816 ACCEPTING PROPOSAL FOR O'IYWlDE STREET SWEEPING SERVICES AND AWARDING CONTRACT TO R.F. DICKSON COMPANY, INC. TO PROVIDE STREET SWEEPING SERVICES 111193 THROUGH 12/31195 - On 7/31192, the City issued a request for proposals from qualified firms to provide street sweeping services. After evaluation of proposals, staff recommends awarding bid to R.F. Dickson Company, Inc. and extending current contract with Laidlaw Waste Systems until 12/31/92. Extension will give the new contractor enough time to acquire new equipment and ensure a smooth transition in the delivery of street sweeping services. Staff recommends approval of the resolutions. (Director of Public Works) B. RESOLUTION 16817 APPROVING FOURTH AMENDMENT TO O'IYWlDE STREET SWEEPING AGREEMENT WITH LAIDLAW WASTE SYSTEMS, INC. TO PROVIDE STREET SWEEPING SERVICES THROUGH 12/31192 10. RESOLUTION 16818 RE-CERTIFYlNG E1R-87-2 OTAY RIO BUSINESS PARK AND APPROVING UNCONTROIl.ED EMBANKMENT AGREEMENT FOR FILL AT CIIDLA VISfA TRACT 87-6 OTAY RIO BUSINESS PARK - PHASE 2 - Amalgamated Citrus Growers has requested permission for an uncontrolled embankment at Chula Vista Tract 87-6, Otay Rio Business Park - Phase 2. According to Section 15.04.285 of the Municipal Code, all uncontrolled embankment agreements are to be approved by Council. Staff recommends approval of the resolution. (Director of Public Works) Agenda -3- September 22, 1992 11. RESOLUTION 16819 SETIlNG A PUBUC HEARING TO APPROVE 1HE TELEGRAPH CANYON SEWER BASIN PLAN AND ESTABUSH 1HE TELEGRAPH CANYON SEWER FEE - In compliance with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement between the City and EastLake Development, the City entered into a contract with Willdan Associates for preparation of the Telegraph Canyon Sewer Basin Improvement and Financing Plan. Tbe plan, which is now completed, provides recommendations for sewer system improvements needed to accommodate ultimate wastewater flows in the basin and proposes a fee of $158 per Equivalent Dwelling Unit (EDU) to finance the construction of the improvements. Staff recommends approval of the resolution and that Council set a public hearing for 10/13/92. (Director of Public Works) 12. RESOLUTION 16820 ACCEPTING BID AND AWARDING CONTRACT FOR "SEWER REHABIUTATION - PHASE N IN 1HE CITY OF CHULA VISTA, CAUFORNIA" - On 9/2/92, the Director of Public Works received sealed bids. The work includes excavation and grading, asphalt concrete pavement, process miscellaneous base, trench shoring, traffic control, installation of 8-inch and lO-inch sewer mains, lining existing sewer with folded PVC pipe, construction surveying and other miscellaneous work. Staff recommends approval of the resolution. (Director of Public Works) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items have been advertised and/or posted as pub/ii; hearin&< as required by low. If you wish to speak to any item, please fiO out the "Request to Speak Form" avaiJoble in the lobby and submit it to the City Clerk prior to the meeting. (Complete the green form to speak in favor of the staff recommendJltion; complete the pink form to speak in opposition to the staff recommendation.) Comments are limited to five mi1wtes per individual 13. PUBUC HEARING PCC-92-40: COUNCJL CONSIDERATION OF A CONDITIONAL USE PERMIT FOR INTERIM FIRE STATION NUMBER SIX APPROXIMATELY 300 FEET NORTH OF 1HE INTERSECTION OF OTAY LAKES ROAD (TELEGRAPH CANYON ROAD) AND LANE AVENUE ON 1HE EAST SIDE OF LANE AVENUE; APPUCANT - CJIT OF CHULA VISTA - On 9/8/92, Council directed staff to set a public hearing to consider relocation of the Interim Fire Station to the southern portion of the site. Staff recommends approval of the resolutions. (Director of Planning) RESOLUTION 16821 GRANTING A CONDmONAL USE PERMIT TO CONSTRUCT AND OPERATE AN INTERIM FIRE STATION AT 1HE NORlHEAST CORNER OF OTAYLAKES ROAD AND LANE AVENUE, TO APPROVE AMENDMENTS TO 1HE AGREEMENT FOR AN INTERIM AND PERMANENT FIRE STATION IN EASTLAKE, AND APPROPRIATING FUNDS lHEREFOR - 4/5th's vote required. Agenda -4- September 22, 1992 CONSIDERING ISSUANCE OF REFUNDING REVENUE BONDS FOR MARINNRECREATIONAL VEHICLE PARK PROJECf IN TIiE AGGREGATE PRINCIPAL AMOUNT OF APPROXIMATELY $8,500,000 - The City issued $9,600,000 in Revenue Bonds in 1982 to finance the Chula Vista Marina and Recreational Vehicle Park Project. Substantial savings to the project in reduced debt service can be realized by refinancing the existing bonds with a new bond issued at current rates. The existing indebtedness and cost of issuance is $8,560,000. Staff recommends approval of the resolution. (Director of Community Development) 14. PUBUC HEARING RESOLUTION 16822 AUTIiORIZING ISSUANCE AND SALE OF NOT TO EXCEED $8,560,000 PRINCIPAL AMOUNT OF 1992 REFUNDING REVENUE BONDS RELATING TO CHULA VISTA MARINNRECREATIONAL VEHICLE PARK PROJECf, APPROVING RELATED AGREEMENTS AND OFFICIAL STATEMENf, AND AUlHORIZING OFFICIAL ACTIONS ORAL COMMUNICATIONS This is an opportunity for the general publiJ; to address the City Council on any subjed matto within the Council's jurisdU:tion that is not an item on this agendiL (StLlte law, however, generally prohibits the CUy Council from taking adion on any issues not inl:luded on the posted agendiL) If you wish to address the Council on such a subject, please complete the yeUow "Request to Speak Undo Oral ComrnunU:ations Form" available in the lobby and submit it to the CUy Clerk prior to the meeting. Those who wish to speak, please give your nome and address for reamI purposes and follow up action. Your time is limiUd to three minutes per speaker. BOARD AND COMMISSION RECOMMENDATIONS This is the time the CUy Council will consider items whU:h have been forwarded to them for consideration by one of the CUy's Boards, Commissions and/or Committees. 15. REPORT TIiE CHULA VISTA 21 COMMITfEE - The Chula Vista 21 Committee has reviewed the implementation status of the recommendations made by the Chula Vista 2000 Community Task Force. Their recommendations are: (1) acceptance of the Final Report of the Chula Vista 21 Committee; (2) direct staff to further review the projects and funding alternatives and provide a report back to Council by December 1993 on the status of these projects; (3) direct staff to reserve $700 (from funds previously encumbered to support the Chula Vista 21 Committee) as seed money for the next phase of the Chula Vista 2000 strategic planning and implementation process; and (4) authorize staff to send a copy of the Chula Vista 21 report to all former members of the Chula Vista 2000 Community Task Force. (Frank Tarantino, Chair, Chula Vista 21 Committee) 16. RESOLUTION 16823 APPOINTING FIVE EX-OFFICIO MEMBERS TO TIiE CHULA VISTA ECONOMIC DEVELOPMENT COMMISSION - The City's Economic Development Commission (EDC) ordinance provides for the appointment by Council of up to five ex-officio non-voting members. At the meeting on 8/18/92, Council voted to increase the number of ex-officio slots from three to five, to become effective 9/18/92. The EDC recommends approval of the resolution. (Director of Community Development) Agenda -5- September 22, 1992 ACflON ITEMS TIu! Uems listed in this section of the agenda are apected to elU:U substmrtUd discussions and deliberations by the Council, staff, or members of the general public. TIu! Uems will be considered individually by the Cowu:il and staff recommendations may in certoin cases be presented in the al1emative. Those who wish to speak, please fill out a "Request to SpeaK' form avail1Jble in the lobby and submit it to the Cily Clerk prior to the meeting. PubIM: comments are limited to five minutes. None submitted. ITEMS pUlJ.ED FROM TIlE CONSENT CALENDAR This is the time the Ci1y Council will discuss Uems which hove been removed from the Consent Calendar. Agenda Uems pulled at the request of the pubIM: will be considered prior to those pulled by Cowu:ilmemben. PubIM: comments are limited to five minutes per individuaL OTIiER BUSINESS 17. <JIT MANAGER'S REPORTCS) a. Scheduling of meetings. 18. MAYOR'S REPORTCS) a. Distribution of Port District reserves. 19. COUN<JL COMMENTS ADJOURNMENT The City Council will meet in a closed session immediately following the Council meeting to discuss: Pending litigation pursuant to Government Code Section 54956.9(a) - Settlement of Otay Valley Lawsuit - Siroonian vs. City of Chula Vista. The meeting will adjourn to (a closed session and thence to) a joint meeting of the City Council/County Board of Supervisors on Thursday, September 24, 1992 at 3:00 p.m. at the County Administration Center, thence to a joint meeting of the City Council/County Board of Supervisors on Wednesday, September 30, 1992 at 9:00 a.m. in the City Council Chambers, thence to the Regular City Council Meeting on October 6, 1992 at 4:00 p.m. in the City Council Chambers. A Special Meeting of the Redevelopment Agency will be held in closed session immediately following the City Council meeting. COUNCIL AGENDA STATEMENT ITEM: MEETING DATE: ~ 9/22/92 SUBMITTED BY: REVIEWED BY: Proclamation designating September 23 through September 30 as Waste Reduction Week in the City of Chula Vista Conservation coordin~~ City Manager J'b -j? II (4/5ths Vote: No~Yes___) TITLE: The City of Chula Vista joins with the City of San Diego and sister cities throughout the County in designating a Waste Reduction Week in order to raise the level of awareness for source reduction. The proclamation will be presented to Stephanie Snyder of the City Manager's office on behalf of the City's award winning recycling programs. A:REDUCE 1~-) COUNCIL AGENDA STATEMENT ITEM: 4b MEETING DATE: 9/22/92 TIME: Proclamation Commending Anthony ciotti, Jr. 15 ~ears.of Dedic~d s~~ic4e in the city of Callform.a . ,~~ .., SVBMITTED BY: Mayor Tim Nader (4/5ths Vote: for Chula vista Yes NO Xl The proclamation commending Anthony ciotti, Jr. for 15 years of Dedicated Service in the city of Chula vista will be presented by Mayor Nader to Anthony Ciotti, retired. 4b ~I september 18, 1992 FROM: The Honorable Mayor and city council Jim Thomson, Deputy city Manager ~ TO: SUBJECT: City Council Meeting of september 22, 1992 This will transmit the agenda and related materials for the regular ci ty Council meeting of Tuesday, September 22, 1992. Comments regarding the Written communications are as follows: 5a. This is a letter from Ella M. croshier, 25 Blue Anchor Cay Road, Coronado, CA 92118, requesting increased police patrols in the area of the condominium project of "Mendocino" located off Brandywine in the southeast area of Chula vista. The Police Department has reviewed this request and is instituting additional patrol of the area. They have also contacted Ms. Croshier and advised her of the additional patrol. IT IS THEREFORE RECOMMENDED THAT THIS REQUEST BE RECEIVED AND FILED. 5b. This is a letter from Gerald L. Bendickson, Chairman of the Governing Board, South Bay Baptist Church, 960 Fifth Ave., requesting that the conditional use permit fee, including the design review and any other fees associated with the application, be waived. IT IS RECOMMENDED THAT THIS REQUEST BE REFERRED TO STAFF FOR REVIEW. Unless staff determines it has the authority to waive the fee and that it is appropriate for staff to do so, a report will be brought back to the council. C:\WP51 \AGENDA \ TRANS.922 ~roshier 25 Blue Anchor Cay Rd. xxxxxxxxxxxxxxxx SfP-e Sept. 2, 1992 City of Chula Vista Attn: City Council C/O Mayor Tim Nader 276 4th Ave. Chula Vista, CA 91910 !;FP ~ H Ref:Crime :1595-46 Mendocino Dr. Dear Mayor Nader, I am taking this opportunity to contact you regarding a very serious crime problem in the area of the condominium project of "MENDOCINO" located off of Brandywine in south east area of Chula Vista. My particular interest in this matter is due to a complaint I received from a tenant in one of the properties I own in this development. He informed me that he plans to move from the area when his lease is up because of the crime at his immediate location. His truck was recently stollen. Prior to that he and his wife interrupted thieves in process of trying to steal his truck. Their unit has been broken into. The subject unit is located in one of the cultisac areas and a group of undesireables congregate regularly in that location, drinking alcoholic beverages and leaving the place full of litter. I am advised that other tenants located in these cultisac areas are suffering this same type of problem. I have written a letter to the Board of Directors of the Home Owner Assn. asking them to look into what the Assn. can do to combat this problem on their level. I would like to ask the City of Chula Vista if they could concentrate some effort in patroling this area more heavily for awhile, until this problem of crime getting out of hand is mini- mized, at least. I am aware that the police department checks with the manager of the complex regarding complaints. However, one of the problems is that some of the owners or tenants don't know to do this and it is only natural that the report given by the manager to the po- lice department will not reflect what is actually happening in the area. I have asked that the board of directors examine the problem and perhaps put up some more lights in these problem areas and to remind occupants to report any crime type of activity to the homeowner assn. and the police department. It is my hope that with cooperation between the Homeowners, Homeowner Assn, and Police department this particular community can be restored to a crime free, safe community for families to live and to maintain the market values of the property for owners of these units. ~~~'0 (t~) ~\;"\ \..~ ~q)~ \~~ I would appreciate it if you could let me know to what extent we can expect the addi- tional police patrol of the area. ... , Sa-'/ t, q !dd tJS" WRI r-m E~! COMMUNICATION'S Also, please know that as an owner and member of this condominium assn. I would appre- ciate any suggestions you might have that would be of help to get these crime problems curtailed and prevent them from getting any worse. My thanks to you and members of the council for your assistance in this matter. I look forward to hearing from you. Sincerely, ~~~ Ella M. Croshier Owner cc: (file) :Mendocino Mgmt. (2) 5a ., d... [{' SH:r(1) Cd's /l~" - Cl~l If ;:;?~>~/. ~. /f? ~-./~. L-4 -(;J / AflF:TiIATED WITH THE ":: ~: ;i gouth cgay cgapHgt Chultch RESET/ED 960 FIFTH AVENUE, CHULA VISTA, CA~%OS~N'I~'~12:6'11 PC~9~E 422~D;~~5 Gin CU:.;C') T,:ICE Norman Johnson. Minister 891 Cedar Avenue Chula Vista Telephone 427-9162 September 15, 1992 The Honorable Mayor and City Council City of Chula Vista Chula Vista, California Dear Sirs and Madams: The South Bay Baptist Church, located at 960 Fifth Avenue, Chula Vista, California, has filed an application for a conditional use permit for construction of a building on the church premises. It is requested that the conditional use permit fee, including the design review, and any other fees associated with the application, be waived. Yours truly, ~~~t Chairman of Governing Board WRITTEN COMMUNICATIO,NS ;f~ fA.2/?..z 5/;-/ BAPTIST GENERAL CONFERENCE COUNCIL AGENDA STAlEMENT Item ~;1 Meeting Date 09/'12/92 ITEM TITIE: Resolution I~ l?11 Approving Renewal of the Agreement Between the City of Chula Vista and Lettieri-McIntyre & Associates, Project Manager and the Baldwin Vista Associates for Professional Services for Otay Ranch, and Authorizing the Mayor to Execute the Agreement SUBMITtED BY: Deputy City Manager Kr~l ~lL- REVIEWED BY: City Manager J6.~ jJ (4j5th Vote: Yes_No X) The attached Agreement renewal for professional project management services with Lettieri- McIntyre & Associates (Anthony J. Lettieri) and Baldwin Vista Associates is for temporary professional management assistance. The assistance will allow the City and County to continue to process a General Development Plan and related documents for the approximately 23,000-acre Otay Ranch Project. This Contract is intended to cover the final phase of this project; that is, through the approvals anticipated by the City/County Memorandum of Understanding. Besides the project approvals, the work program includes finalizing project approval documents and transition work necessary and direction by City. It is anticipated that once the General Development Plan is adopted, Mr. Lettieri will continue on an hourly basis to complete those final three tasks. A budget for those final tasks will be prepared prior to December 1992. RECOMMENDATION: That Council approve the attached Agreement and authorize the Mayor to sign on behalf of the City Council. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In the spring of 1989, the City of Chula Vista and County of San Diego both approved a "Statement of Intentions" with Baldwin Vista Associates concerning the processing of Otay Ranch. In the summer of 1989, the City Council and Board of Supervisors approved a Memorandum of Understanding establishing a joint planning effort. Mr. Vernon G. Hazen was hired as the Project Manager for that effort. On July 20, 1990, Mr. Hazen resigned. Mr. Lettieri was hired on September 25, 1990 for a one-year term expiring on September 28, 1991. Council extended Mr. Lettieri's Contract on October 8, 1991 until October 1992. This Contract will expire in three months on December 31, 1992. ~~r/ Page 2, Item Meeting Date 09/12/92 Over the last two years, Mr. Lettieri has demonstrated that he is well suited to perform all of the Project Manager duties and responsibilities. He has had extensive experience and background with development projects and public/private endeavors in San Diego County which make him ideal for this position. He has over 23 years of experience in urban and regional planning including four years with the City of Chula Vista, six years with the County of San Diego and 12 years in the private sector. During that period of time, the following has been accomplished: Acceptance by the Interjurisdictional Task Force of the Phase I and Phase II Progress Plans; Resource Sensitivity Analysis; Village Character Issue paper; Transportation/Transit and Villages Issue Paper and the Service/Revenue Macro-analysis. The Otay Valley Regional Park, Development Around Otay Lakes Reservoir and Central Proctor Valley Issue Papers were also accepted by the Interjurisdictional Task Force. This year, the Public Participation Program has commenced with a number of workshops scheduled with the Planning Commissions, City Council and Board of Supervisors. The Draft Environmental Impact Report (DEIR) is out for public review, and staff is preparing for the public hearing process. Meetings have been scheduled with all affected Planning Groups to assist them in their review of the DEIR and the plan itself. The processing of the plan, including the public hearings, drafting of all documents and resolutions and coordination at the City and County levels are the major tasks to be completed this year. The monthly rate for Mr. Lettieri is proposed to be $85.00 per hour not to exceed $11,500.00 per month. This is no change from his previous Contract rate. For Council's information, we would also note that Lettieri-Mcintyre & Associates received $285,537.47 in FY 91-92 and $112,231.55 to date in FY 92-93 which included not only work on Otay Ranch but also EIR work for the City on EastLake Kaiser, Palomar Trolley Center and some work on RDR SPA III. For the above reasons, and acknowledging that Baldwin Vista Associates will reimburse the City for the full costs of the consultant, it is appropriate to approve the Agreement. FISCAL IMPACT: There will be no fiscal impact to the City of Chula Vista. The $34,500.00 is already incorporated into the overall Otay Ranch expenditure plan. All costs will be paid to the City by the applicant. Attachment memos#4:\ajI.113 ~/I ~..2. CONTRACT FOR PROJECT MANAGEMENT SERVICES OTAY RANCH PROJECT This agreement, made this September 22, 1992 for the purposes of reference only, and effective as of the date last executed by the parties, is made between the CITY OF CHULA VISTA, a municipal corporation (hereinafter referred to as "CITY"); LETTIERI-McINTYRE & ASSOCIATES, planning consultant (hereinafter referred to as "CONSULTANT"); and BALDWIN VISTA ASSOCIATES, a California limited partnership, the developer of the Otay Ranch project (hereinafter alternatively referred to as "APPLICANT" or "PROJECT APPLICANT"), and is made with reference to the following facts: I. Recitals A. The term "otay Ranch Project" (or alternatively "Project") as referred to hereinbelow means that project consisting of (1) approximately 22,500 acres and located generally east and west of the Otay Reservoir between 1-805 and Route 94 and south of Telegraph canyon road and the San Miguel Mountains and north of Brown Field and the San Ysidro Mountains, and (2) approximately 1,300 acres located north of EastLake Business Center and east of proposed SR 125 and commonly referred to as the Salt Creek Ranch Project. B. Anthony J. Lettieri, has served as General Manager of the otay Ranch Project on behalf of the CITY OF CHULA VISTA and the County of San Diego since October 1990 pursuant to an agreement entered into with the CITY, which with the latest renewals (October, 1991 approved by Council Resolution No. 16365) provided for termination on October 1, 1992; and c. in need for the The CITY OF CHULA VISTA and County of San Diego are still of professional development project management assistance Otay Ranch Project; and D. Mr. Anthony J. Lettieri has 23 years of experience involving the coordination and management of development projects and consultants, and over 10 years of work experience with both the CITY and County, and his availability and professional skills enable a full commitment to this project as General Manager as an independent contractor; and E. Consultant is needed to provide review, analysis, evaluation, preparation of reports, plans and development regulations with respect to said project all leading to meeting environmental impact report requirements, General Development Plan approval, General Plan Amendment and a Sphere of Influence Amendment and Benefit Agreement for said property. September 18, 1992 Page 1 b/l:J II. Executory provisions NOW, THEREFORE, the Parties hereto do hereby mutually agree as follows: A. Working Relationship Among parties; General Duties. It is the intent of the CITY, CONSULTANT, and APPLICANT that CONSULTANT work solely for the CITY and County and perform the tasks outlined hereinbelow associated with the Otay Ranch Project to assist the CITY and county in providing the project guidance and reviews which are appropriate for a proposal of the type submitted by APPLICANT in accordance with applicable provisions of State and local laws. CONSULTANT'S obligation, as provided further hereinbelow, is to provide the general management necessary to expedite the review, analysis, negotiations, coordination of reviews, and preparation of various recommendations to the Interjurisdictional Task Force, CITY and County Planning commission and the CITY COUNCIL and Board of Supervisors with respect to APPLICANT'S proposal. APPLICANT'S duties are generally to provide payment to the CITY for the management services provided by the CONSULTANT and, further, to provide such information, applications, etc., as may be otherwise required by CONSULTANT and CITY/County staff to fully and adequately review the Otay Ranch Project. B. Obligations of Consultant. CONSULTANT hereby agrees to provide, through the person of Anthony J. Lettieri, and for the sole benefit of the City and the County of San Diego, directly and indirectly and in conjunction with CITY and county staff, the following: 1. Scope of Work: Manage the administration of the Project and its process to ensure a timely but complete staff critical review, processing, analysis and recommendations with respect to the Applicant's request for various approvals within the Otay Ranch Project Area, including but not limited to the following: a. An environmental impact report for the Otay Ranch Project. , b. A general plan amendment and general development plan for the Otay Ranch Project. c. A service revenue plan for the otay Ranch Project. d. Coordination of including water, infrastructure planning sewer, and transportation September 18, 1992 Page 2 {, ~''I systems. e. A "benefit" development annexation agreement for Project. agreement/pre- the Otay Ranch f. A sphere of influence and annexation phasing plan and supporting documentation including prezoning. g. Conditions, exactions, or mitigation measures referred to or required by the CITY, County and other public agencies. h. All further permits, approvals, applications, or other documents for entitlement which the CITY and County must consider in order to approve, deny, or conditionally approve APPLICANT'S application. i. Coordinate and provide community interaction and information about the project to keep the general public well informed. CONSULTANT shall perform the scope of work described hereinabove and in doing so shall review, analyze, critique, and make recommendations regarding the various discretionary approvals sought by the APPLICANT to the CITY MANAGER, or his designee, the County Chief Administrative Officer, or his designee and the Interjurisdictional Task Force. C. Obligations of Applicant 1. Make Deposits on Demand. APPLICANT, pursuant to the terms and conditions of this agreement, shall make deposits for all costs incurred for Consult- ant and City under this Agreement by promptly remitting to the CITY payments upon receipt of invoices for compensation required herein to be paid to the Consultant by City and for the City's Administrative Overhead, as herein provided. 2. City Administrative Overhead: In addition to the making deposits to cover the CITY's cost of retaining CONSULTANT, APPLICANT shall pay an additional fee of four percent (4%) of the CONSULTANT'S fee to CITY as CITY'S administrative overhead incurred in the administration of this agreement. The APPLICANT agrees to pay the CITY upon demand the administrative overhead fee billed by the CITY each month for the duration of this agreement. September 18, 1992 Page 3 t,IJ ..5' 3. Applicant's Submittal of Materials: APPLICANT shall provide such information as reasonably necessary, pursuant to the terms and conditions of this agreement and the herein described scope of work for the CITY and County and CONSULTANT to review APPLICANT'S proposal, excepting therefrom any business or trade secrets or otherwise proprietary business information held by APPLICANT. D. Obligation of city. 1. Access to City Facilities and Office Space for Work unit. The CITY shall permit access to its facilities by CONSULTANT throughout the term of the contract. The CITY and County assigned additional employees to work assigned on a full cost recovery basis to work exclusively on this project. In addition, there are several consulting firms working on this project. Those employees and consultants are housed in nearby office space provided by the CITY and fully reimbursed by the applicant. The office space includes at his discretion. This office support staff, office equipment CONSULTANT. space for the CONSULTANT to use space includes all necessary and supplies at no cost to 2. compensation The compensation to be paid by CITY to CONSULTANT shall be $11,500 for the month of October, 1992, and shall thereafter be hourly at the rate of $85.00 per hour not to exceed $11,500 per month through December 31, 1992. In addition to the above monthly professional services, $300 per month may be billed for direct expenses. It is understood that prior to December 1992, CONSULTANT shall identify all remaining tasks with a schedule for completion of those tasks. It is also understood that the above schedule is based on final action by the City Council and Board of Supervisors on November 24, 1992. The APPLICANT shall pay to the CITY the sum according to the above amounts plus reimbursables on the 1st of each month; CONSULTANT shall submit monthly invoices to the Finance Director of the CITY which shall be due and payable within 30 days. Notwithstanding the above payment schedule, all monies shall be due and payable within 30 days of invoice, except as provided for hereinbelow with respect to cancellation at the convenience of CITY or APPLICANT or for reasons of nonperformance. Compensation for the services performed shall be paid only from Deposited Monies, and from no other asset or resource of September 18, 1992 Page 4 6/1'~ f\f^ (JJ the City, a special obligation which is not a burden upon, or appropriation from, the General Fund of the City. E. Term. 1, 1992, \AM~ pursuant I This agreement shall become effective upon October and shall terminate December 31, 1992, if not terminated to the provisions contained hereinbelow. 1. Termination of Agreement for Cause. If, through any cause, CONSULTANT shall fail to fulfill in a timely and proper manner his obligations under this agreement, or if CONSULTANT shall violate any of the covenants, agreements, or stipulations of this agreement, CITY shall have the right to terminate this agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof, at least five (5) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, reports, and other materials prepared by CONSULTANT shall, at the option of CITY, become the property of CITY, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of notice of termination, not to exceed permitted compensation, less anv damaaes caused bv said breach. 2. Termination for Convenience of City. CITY may terminate this agreement at any time and for any reason by giving written notice to CONSULTANT of such termination and specifying the effective date thereof, at least ten (10) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described in Subparagraph F.1. hereinabove shall, at the option of CITY, become CITY'S sole and exclusive property. If the agreement is terminated by CITY as provided in this paragraph, CONSULTANT shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials to the effective date of such termination. not to exceed permitted compensation. CONSULTANT hereby expressly waives any and all claims for damages or compensation arising under this agreement except as set forth in Paragraph 0.2. hereinabove in the event of such termination. 3. Termination at Request of Applicant: APPLICANT may terminate APPLICANT'S obligations with respect to this agreement at any time and for any reason by giving written notice to CITY of such intent to terminate said agreement and specifying an effective date of such termination at least sixty September 18, 1992 Page 5 ~/I- ? (60) days before the date of termination. In the event that APPLICANT shall terminate the terms of this agreement, APPLICANT shall remain liable for all work undertaken up to and including the effective date of said termination for which CITY shall be entitled to receive just and equitable compensation for satisfactory work performed by CONSULTANT due and owing pursuant to Paragraph E.2. hereinabove. III. Interest of Consultant CONSULTANT presently has and shall acquire no interest whatsoever in the Otay Ranch Project, the subject matter of this agreement, direct or indirect, which would constitute a conflict of interest or give the appearance of such conflict. No person having any such conflict of interest shall be employed or retained by CONSULTANT under this agreement. CONSULTANT specifically certifies that neither CONSULTANT nor any other person employed or retained by CONSULTANT is employed by the APPLICANT. CONSULTANT specifically certifies, in addition, that no promise of future employment or other consideration of any kind has been made to CONSULTANT or any employee, agent, or representative of CONSULTANT, by the APPLICANT, any employee, agent, or representative of the APPLICANT, regarding the subject matter of this agreement, or any future project in which APPLICANT has an interest. It is further understood that the nature of the anticipated work schedule and the attendant proposed time frame, will require the full attention and time of the CONSULTANT during the length of this agreement. IV. HOLD HARMLESS CONSULTANT agrees to indemnify and hold harmless the CITY and APPLICANT from and against all liability, cost and expense (in- cluding without limitation attorneys' fees, loss of or damage to any property whatsoever or injury to or death of any person whomsoever) caused or occasioned by the negligent act or omission of CONSULTANT or any agent or employee of CONSULTANT, arising out of or in connection with this agreement or the work to be performed by CONSULTANT hereunder. V. ASSIGNABILITY CONSULTANT shall not assign any interest in this agreement and shall not transfer any interest in the same (whether by assignment or novation). Provided, however, that claims for money due or to become due to CONSULTANT from CITY and APPLICANT under this agreement may be assigned to a bank, trust company, or other financial institution. Notice of such assignment or transfer shall be furnished promptly to CITY. September 18, 1992 Page 6 ~,1~y VI. OWNERSHIP, PUBLICATION, REPRODUCTION AND USE OF MATERIAL: All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties produced under this agreement shall be the sole and exclusive property of CITY and county. No such materials or properties produced in whole or in part under this agreement shall be subject to private use, copyrights, or patent right by CONSULTANT in the united States or in any other country without the express written consent of CITY and County. CITY and County shall have unrestricted authority to publish, disclose (as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this agreement. VII. Independent Contractor CITY is interested only in the results obtained, and CONTRACTOR shall perform as an independent contractor with sole control of the manner and means of performing the services required under this agreement. CITY and county maintain the right only to reject or accept CONSULTANT'S final work product as each phase of this agreement is completed. CONSULTANT and any of CONSULTANT'S agents, employees, or representatives are, for all purposes under this agreement, an independent contractor, and shall not be deemed to be an employee of CITY, and none of them shall be entitled to any benefits to which CITY employees are entitled, including, but not limited to, overtime, retirement benefits, worker's compensation benefits, injury leave, or other leave benefits. VIII. CHANGES CITY and County may from time to time require changes in the scope of the services by CONSULTANT to be performed under this agreement. Such changes, including any increase or decrease in the amount of CONSULTANT'S COMPENSATION, which are mutually agreed upon by CITY, County, CONSULTANT, and APPLICANT shall be effective as amendments to this agreement only when in writing. September 18, 1992 Page 7 i~/p_? IN WITNESS WHEREOF, executed this Contract for _ day of CITY, CONSULTANT Planning Services , 199 and APPLICANT have (agreement) this _ Attest: CITY OF CHULA VISTA: City Clerk APPROVED AS TO FORM BY: city Attorney TIM NADER, Mayor F:\home\attorney\latteril. wp September 18, 1992 CONSULTANT: ANTHONY J. LETTIERI Lettieri-McIntyre and Associates APPLICANT: BALDWIN VISTA ASSOCIATES, L.P. A California Limited Partnership BY: Baldwin Builders, a California corporation, General Partner GREG SMITH, President page 8 ~/I-/o RESOLUTION NO. It. tJ I RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LETTIERI-McINTYRE & ASSOCIATES, PROJECT MANAGER AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL SERVICES FOR OTAY RANCH, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the renewal agreement for professional project management services with Lettieri-McIntyre & Associates and Baldwin vista Associates is for temporary professional management assistance; and WHEREAS, this assistance will allow the City and County to continue to process a General Development Plan and related documents for the approximately 23,OOO-acre Otay Ranch project; and WHEREAS, this contract is intended to cover the final phase of this project; that is, through the approvals anticipated by the city/County Memorandum of Understanding; and WHEREAS, besides the project approvals, that includes the Development/Public Benefit Agreement, Sphere of Influence Study and the Property Tax Agreement coordination with the City and County. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve the Agreement between the city of Chula vista and Lettieri-McIntyre & Associates, Project Manager and the Baldwin vista Associates for Professional Services for Otay Ranch, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula V'st . Presented by by George Krempl, Deputy City Manager Bruce M. Attorney ity F: \bome\attomey\lettierl "/1'1/ COUNCIL AGENDA STATEMENT Item (P fJ Meeting Date OO!22!92 SUBMl'lTED BY: Resolution I&, 810:< Approving a Modification to the Agreement between the City of Chula Vista and Lettieri-McIntyre & Associates, and the Baldwin Vista Associates for Professional Services to Assist the Otay Ranch Team General Manager, and Authorizing the Mayor to Execute the Agreement Deputy City Manager Krempl ~~ City Manager Ji; ~ 7f (4/Sth Vote: Yes_No X) ITEM TITLE: REVIEWED BY: The attached Agreement modification for project management and planning services with Lettieri-McIntyre & Associates and Baldwin Vista Associates is for continuation of temporary planning assistance. This request is a continuation of the same contract previously approved by the City Council. The assistance focuses on processing of the General Development Plan and related documents for the approximately 23,000-acre Otay Ranch Project. The Agreement has the concurrence of both City of Chula Vista and San Diego County staff as well as the applicant. This Agenda Item and Agenda Item 6B are related and could be discussed together. RECOMMENDATION: That Council approve the attached Agreement modification and authorize the Mayor to sign on behalf of the City Council. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: In the spring of 1989, the City of Chula Vista and County of San Diego both approved a "Statement of Intentions" with Baldwin Vista Associates concerning the processing of Otay Ranch. In the summer of 1989, the City Council and Board of Supervisors approved a Memorandum of Understanding establishing a joint planning effort. Due to the interjurisdictional nature of the project, both the City and County opted to hire an independent neutral third party consultant to manage the project. Mr. Vernon G. Hazen was hired as the Project Manager for that effort. On July 20, 1990, Mr. Hazen resigned. Lettieri- McIntyre & Associates (Mr. Lettieri) was hired on September 25, 1990. Council extended Mr. Lettieri's contract on October 8, 1991 until October 1992. In March of this year, the Council approved a budget of $20,000.00 through June 30, 1992 for planning assistance to the General Manager to complete certain tasks listed in Exhibit "fl"/ Page 2, Item Meeting Date /p/J 09/22/lJ2 . A. That contract was extended through September 30, 1992. Those tasks are proceeding and joint workshops on this project at the City Council/Board of Supervisors level began in late July 1992. The purpose of this modification is to continue the assistance at the same level through December 31, 1992 or an additional three months. Attached is a proposed schedule for completion of many of the above tasks (Exhibit A). To continue to respond to that schedule, this request is being made that will assign one Lettieri- McIntyre & Associates staff person (Mary May) to assist in coordination of such projects as the Planning Commission referrals, Sphere of Influence Study and the Public Participation Program, including public hearing notice coordination and assistance during public hearings. Ms. May has City and County experience having worked for the County as a planner and the City of Chula Vista on Rancho del Rey and EastLake SPAs. The monthly rate for Ms. May is $55.00 per hour not to exceed $5,000.00 per month. This is no change from the current level of support service being provided. For Council information, we would also note that Lettieri-McIntyre & Associates received $285,537.47 in FY 91-92 and $112,231.55 to date in FY 92-93 which included not only work on Otay Ranch, but work for the City on EastLake Kaiser EIR, Palomar Trolley Center and some work on RDR SPA III. For the above reasons, and with the acknowledgement that Baldwin Vista will continue to deposit funds to reimburse the City in full, it is appropriate to approve this Agreement modification. FISCAL IMPACf: All costs will be paid to the City by the applicant. The $15,000.00 is already incorporated into the overall Otay Ranch expenditure plan. This amendment extends the time of the contract through December 31, 1992. Attachments II' r StIlJJNS/) memos#4:\marymay.113 ~B"~ EXHIBIT "A" SCOPE-OF- WORK Lettieri-Mcintyre & Associates (Ms. Mary May) will assist the General Manager in the following areas: a) Assist in providing response to Planning Commission inquiries as generated from workshops and public hearings. b) Providing project coordination services to include puBlic agency and applicant contacts and critical path/flow chart preparation. c) Assistance in the preparation for scheduling, coordination and noticing of the Public Participation Program, including all work associated with community planning groups, joint Planning Commission and Board of Supervisors/City Council workshops and other public presentations. d) Assistance on the Sphere of Influence Study. e) Other duties as assigned by the General Manager to ensure the timely completion of the project. SCHEDULE The duration of this contract is three months, ending December 31, 1992. COSTS The above services are to be provided on an hourly basis not to exceed $15,000.00. The hourly rate is $55.00. ,r:\sow.ajl 6[3'3 CONTRACf FOR ASSISTANT SERVICES FOR GENERAL MANAGER OF THE OTAY RANCH PROJECf THIS AGREEMENT, dated this day of September, 1992 for the purpose of reference only and effective as of the date last executed by the parties hereto, is between the CITY OF CHULA VISTA, a Chartered municipal corporation ("City"), BALDWIN VISTA ASSOCIATES, a California limited partnership ("Applicant") and LETTIERI- MciNTYRE & ASSOCIATES, INC. ("Consultant"), and is made with reference to the following facts: WHEREAS, City, Applicant and Consultant entered into an agreement dated October 8, 1991 by which Baldwin agreed to pay for and Consultant agreed to provide to the City general management services over the Otay Ranch Project in the person of Anthony J. Lettieri ("General Management Services Agreement"); and WHEREAS, the parties desire that the General Management Services are to be augmented by an assistant to the person of Anthony J. Lettieri, the cost of which will be paid for by Applicant. NOW, THEREFORE, the parties hereto agree as follows: 1. Consultant agrees to retain and assign to the Otay Ranch Project the person of Mary May and shall require Ms. May to assist General Manager Lettieri from the effective date of this Agreement until December 31, 1992 in the following areas: a. Provide project coordination services to include public agency and Applicant contacts, critical path/flow chart preparation on a weekly basis and monthly assignment sheets for each working group assigned to the Otay Ranch Project. b. Assist General Manager Lettieri in the preparation for scheduling and coordination of the Public Participation Program, including all work associated with community planning groups, joint Planning Commission workshops, Montgomery Planning Committee and other public presentations. c. Assist General Manager Lettieri on the Sphere of Influence Study. d. Perform such other duties as are assigned to her by General Manager Lettieri to ensure the timely completion of the project. 2. Applicant agrees to compensate Consultant for the costs of retaining Ms. May at the rate of $55.00 per hour not to exceed $15,000.00, not to exceed $5,000.00 in any month, which compensation may be paid by City from the Otay Ranch Trust Fund. - 1 - ~[J~ 3. All other rights, duties and obligations of the parties to the General management Services Agreement shall remain in full force and effect except as may be specifically augmented by this Agreement, except that this Agreement may be canceled upon 10 days notice. CITY OF CHULA VISTA LETIlERI-McINTYRE & ASSOCIATES By: Tim Nader, Mayor By: Anthony J. Lettieri By: City Clerk BALDWIN VISTA ASSOCIATES, L.P. A CA Limited Partnership By: Baldwin Builders, a CA Corporation, General Partner ATTEST APPROVED AS TO FORM By: Greg Smith, President By: Bruce M. Boogaard, City Attorney sr.\marymay.con - 2 - ~[$q t8-f. RESOLUTION NO. /~8'Ir.:< RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING A MODIFICATION TO THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND LETTIERI-McINTYRE & ASSOCIATES, PROJECT MANAGER AND THE BALDWIN VISTA ASSOCIATES FOR PROFESSIONAL SERVICES TO ASSIST THE OTAY RANCH TEAM GENERAL MANAGER, AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT WHEREAS, the modification to the agreement for project management and planning services with Lettieri-McIntrye & Associates and Baldwin vista Associates is for continuation of temporary planning assistance; and WHEREAS, this request is a continuation of the same contract previously approved by the city Council which focuses on processing of the General Development Plan and related documents for the approximately 23,OOO-acre Otay Ranch Project; and WHEREAS, the agreement has the concurrence of both the city of Chula vista and San Diego county staff as well; as the applicant. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve a modification to the Agreement between the city of chula vista and Lettieri-McIntyre & Associates, Project Manager and the Baldwin vista Associates for Professional Services to assist the otay Ranch Team General Manager, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor is hereby authorized and directed to execute said Agreement for and on behalf of the City of Chula vista. Presented by George Krempl, Deputy city Manager i y F:\home\auorney\marymay (,8-7 COUNCIL AGENDA STATEMENT Item 7 Meeting Date 9/22/92 RESOLUTION /,1'1.3 Authorizing the city to participate in award of bid to EBSCO for purchase of periodical subscription services. SUBMITTED BY: Director of Finance~ REVIEWED BY: City Manager!b ~ 1/ (4/5th Vote: Yes_No~) council Resolution No. 6132 authorizes the City to participate in cooperative bids with the City of San Diego for the purchase of materials or supplies of common usage. The city of San Diego on Bid No. P3007/92 awarded a contract for furnishing its libraries with a periodical subscription service. ITEM TITLE: RECOMMENDATION: That Council authorize City participation in award of bid to EBSCO. BOARDS/COMMISSIONS RECOMMENDATION: No applicable. DISCUSSION: This resolution provides that the purchasing agent waive normal bidding process and participate in the city of San Diego's agreement with EBSCO as the chief vendor of periodical subscription services. By participating in this contract, the City will be able to have one primary vendor for its subscriptions to periodicals for the Fiscal Year 1992-93. The Library will supply the list of titles desired and the vendor will supply subscription rates with discounts available and designate delivery point. One annual invoice will be received for subscriptions instead of from each publisher. The contract also has an option to renew the service for four additional years at the same terms and conditions. FISCAL IMPACT: $53,920 has been budgeted in the Library Department for FY92-93 for periodical subscriptions. A majority of the subscriptions will be through EBSCO Subscription Services. ?-1/7-J.. RESOLUTION NO. I~ ~/3 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING THE CITY TO PARTICIPATE IN AWARD OF BID TO EBSCO FOR PURCHASE OF PERIODICAL SUBSCRIPTION SERVICES WHEREAS, Council Resolution No. 6132 authorizes the city to participate in cooperative bids within the City of San Diego for the purchase of materials or supplies of common usage; AND WHEREAS, the City of San Diego on Bid No. P3007/92 awarded a contract for furnishing its libraries with a periodical subscription service to EBSCO Subscription Services; and WHEREAS, by participating in this contract, the City will be able to have one primary vendor for its subscriptions to periodicals for the Fiscal Year 1992-93; and WHEREAS, the contract also has an option to renew the service for four additional years at the same terms and conditions. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby waive all competitive bidding requirements on the basis that the above referenced supplier was competitively bid by San Diego and authorize the Purchasing Agent to acquire such periodicals from EBSCO Subscription Services through the City of San Diego bid as the Library Direction determines is necessary. Presented by 10 b:Q Boogaar , C ty Lyman Christopher, Director of Finance F:\home\attomey\periodcl 7,3 COUNCIL AGENDA STATEMENT ITEM TITLE: Item~ Meeting Date 9/22/92 A. Resolution /'8' J L/ Exercise the option for renewal of landscape maintenance contractfor Open Space Maintenance Districts #1-10.14.15. 18,20 and EastLake Maintenance District (J. Resolution 1~8'I.5' Exercise the option for renewal of landscape maintenance contract for Open Space Maintenance District # 11 REVIEWED BY: Director of Parks and ~ecr~o~ r Jt/ .--: . .t,~ II City Manager d0 f j (4/5ths Vote: Yes_No..K) SUBMITTED BY: Staff Is recommending that the City exercise Its option to renew landscape maintenance contracts with RC. Landscape. Blue Skies Landscape. Foster's Landscape and Environmental Care for FY 92-93. RECOMMENDATION: That Council adopt resolution and renew the maintenance contracts In Open Space Maintenance Districts 1-11. 14 (Units 1-7), 15. 18, 20 and EastLake Maintenance District. BOARDS/COMMISSIONS RECOMMENDATION: Not appUcable. DISCUSSION: The City approved one-year landscape maintenance contracts with RC. Landscape In 1989-90, Blue Skies Landscape In 1989-90. Foster's Landscape In 1991-92. and Environmental Care In 1991-92. These contracts contain a yearly renewal option for three years. The Department Is recommending the City exercise Its option to renew the landscape maintenance contracts for the above contractors In Open Space Maintenance Districts 1-11. 14 (unit 1-7). 15. 18, 20 and EastLake Maintenance District at a cost Increase of 2.8%. The renewal option for R.C. Landscape and Blue Skies will be In the final year of current contract. New proposals for their respective districts will be solicited for FY 93-94 through an RFP process In spring of 1993. Prior to 1986. contracts were awarded on a yearly basis. However. since 1986, Council has approved contract renewal options for Open Space landscape districts. The contract renewal option provided for three additional years If work performance was satisfactory. The reason for this three year renewal clause was that staff felt contractors would be more responsive with the posSibility of having a maintenance area for four years versus the one-year contracts with no option clause for renewal. The Department's experience In this area has revealed that contracts with renewal option clauses were more cost effective than annual contracts without renewal options. From 1983 to 1986. the Department solicited annual contracts and encountered the following problems: a. Large. reputable company would not bid on yearly contract because of the initial Investment of material and resources required to begin a new project without any guarantee these cost could be spread over three or four years. b. Annual contracts were susceptible to major changes up or down and made It difficult to stabilize assessments. c. Annual contracts did not provide the Incentive to do good work to contractors who were not awarded contracts for the next year. This created considerably more work for staff to monitor and supervise contractors. WPC F:\home\parksrec\88.92 ~'I I Page 2, ItemL Meeting Date 9/22/92 d. Finally. in some cases, non-responsive work by incumbent contractor created new problems for the new contractor who would encounter landscape and lrrlgation problems not present when bidding inspections were made. As noted earlier. the option clause includes three one-year renewal options and provides a percentage increase based on changes that are determined by San Diego area Consumer Price Index for urban wage earners and clerical workers. According to the Finance Department. the CPI increase from January 1991 to January 1992 was 2.8%. The Department is satisfied with the work performance of the contractors and recommends approval of the renewal option contracts for FY 1992-93 for Districts I-II, 14 (Units 1-7). 15. 18.20 and EastLake Malntenance District. 1991-92 CPllncrease 1992-93 Contractor District Contract (+2.8%) Contract R. c. Landscape 1 23,000 640 23,640 3 24,910 700 25,610 4 24,180 680 24,860 5 17,470 490 18,600 7 3,860 110 3,970 8 27.980 780 28,760 9 16,350 460 16.810 10 *27.900 780 28,680 18 63,600 1,780 65,380 Blue Skies Landscape 2 4,880 140 5,020 6 11,450 320 11.770 11 70,940 1,990 72,930 14 172,440 4,830 177,270 15 6.160 170 6,330 Foster's Landscape 20 139,160 3,900 143.060 Environmental Care, Inc. EMD 35,210 990 36,200 -Adjusted $2,460 for the inclusion of Ladera Villas Subdivision FISCAL IMPACT: The cost shown above for malntalnlng these districts is borne by the respective homeowners in each district. The previously approved budgets for these districts include adequate funds to pay for these contracts. WPC F:\home\packsrec\88.92 8'-~ RESOLUTION NO. I" ?il J.j RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO EXERCISE THE OPTION FOR RENEWAL OF LANDSCAPE MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE DISTRICTS 1-10, 14 (UNITS 1-7), 15, 18, 20 AND EASTLAKE MAINTENANCE DISTRICT The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on May 6, 1986, Council accepted the Department's report regarding renewal options for Open Space contractors if performance is satisfactory; and WHEREAS, the option clause includes three one-year renewal options and provides a percentage increase based on changes that are determined by San Diego Area Consumer Price Index for urban wage earners and electrical workers; and WHEREAS, the CPI increase from January 1991 to January 1992 was 2.8%; and WHEREAS, for fiscal year 1992-93, the following contracts for Districts 1-10, 14 Units 1-7, 15, 18, 20 and EastLake Maintenance District are hereby recommended for renewal: Contractor District Contract R. C. Landscape 1 23.640 3 25,610 4 24.860 5 17,960 7 3,970 8 28,760 9 16,810 10 28,680 18 65,380 Blue Skies Landscape 2 5,020 6 11,770 14 177,270 15 6,330 Foster's Landscape 20 143,060 Environmental Care, Inc. EMD 36,200 WPC F:\home\parksrec\90.92 If /1-) Resolution No. Page 2 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby exercise the option to renew contracts with R.C. Landscape for Open Space Maintenance District Nos. 1,3,4,5,7,8,9, 10 and 18; and with Blue Skies Landscape for Open Space Maintenance District Nos. 2, 6, 14 and 15; and with Foster's Landscape for Open Space District No. 20; and with Environmental Care, Inc. for EastLake Maintenance for Fiscal Year 1992-93. l ffifu'J Presented by Jess Valenzuela Director of Parks and Recreation Bruce M. Boogaard City Attorney WPC F:\home\parhrec\OO.92 ~A--';" RESOLUTION NO. 1&3'/..s RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TO EXERCISE THE OPTION FOR RENEWAL OF LANDSCAPE MAINTENANCE CONTRACT FOR OPEN SPACE MAINTENANCE DISTRICT 11 The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, on May 6, 1986, Council accepted the Department's report regarding renewal options for Open Space contractors if performance is satisfactory; and WHEREAS, the option clause includes three one-year renewal options and provides a percentage increase based on changes that are determined by San Diego Area Consumer Price Index for urban wage earners and clerical workers; and WHEREAS, the CPI increase from January 1991 to January 1992 was 2.8%; and WHEREAS, for fiscal year 1992-93, the following contract for District 1\ is hereby recommended for renewal: Contractor 1991-92 District Contract Blue Skies Landscape 11 72,930 NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby exercise the option to renew the contract with Blue Skies Landscape for Open Space Maintenance District No. II for Fiscal Year 1992-93. ~A Presented by Jess Valenzuela Director of Parks and Recreation Bruce M. Boogaard City Attorney WPC F:\home\parksrec\92.92 8"13' ) rtem '1 cOUNcrL AGENDA STATEMENT Meeting Date: september 22, 1992 rTEM TrTLE: 1/. Resolution 1/'81' Accepting proposals and Awarding Contract for citywide street Sweeping services January 1, 1993 through December 31, 1995 to R.F. Dickson, rnc. l3 Resolution I" lr/7 Approving Fourth Amendment to , the citywide street Sweeping Agreement with Laidlaw Waste systems, rnc., to provide street sweeping services through December 31, 1992. SUBMrTTED BY: Director of Public ~rks~~~t - j-I/ REVrEWED BY: City Manager rb ~ ,J' (4/5ths Vote: Yes_No_X_l On September IS, 1987, the city Council approved a contract with Laidlaw Waste systems, Inc. to provide citywide street sweeping. The agreement provided for three years of street sweeping with the contract price to be adjusted each year by the San Diego Area CPI. In addition, the agreement permitted two additional one-year extensions upon satisfactory negotiation of a contract price to provide citywide street sweeping services through August 31, 1992 for the second and final year extension. On August 25, 1992, Council approved a third amendment extending the contract through October 31, 1992. subsequently, proposals for street sweeping services were received on August 28, 1992. After a complete evaluation, staff is recommending award of the street sweeping contract to R.F. Dickson Co., Inc. who submitted the lowest contract price. Seventy-five days are needed for delivery of equipment, routing and the start of the new contract. Therefore, staff is also recommending extension of the current contract with Laidlaw Waste Systems, Inc. through December 31, 1992. RECOMMENDATION: A) That the city council adopt the resolution awarding the citywide street sweeping contract to R.F. Dickson co., Inc. for street sweeping services January 1, 1993 through December 31, 1995. B) That the city council adopt the resolution approving the fourth amendment to the citywide street sweeping Agreement with Laidlaw Waste systems, Inc., which would extend that agreement through December 31, 1992 and provide for compensation of $14.58 per curb mile. 9-/ Meeting Date: 9/22/92 Page 2 Item , BOARDS/COMMISSIONS RECOMMENDATION: Not Applicable. DISCUSSION: The city entered into a three-year agreement with Laidlaw Waste systems, Inc. for citywide street sweeping services on September 15, 1987. The agreement was for the period beginning september 1, 1987 through August 31, 1990. The agreement allowed for extension on a year-to-year basis not to exceed two years. The final year of the agreement expired on August 31, 1992. However, a two-month extension through October 31, 1992 to provide for evaluation of street sweeping proposals was granted on August 25, 1992. At the time of the 2 month extension, Laidlaw indicated street sweeping service after October 31, 1992 would have to be at the new proposal price of $14.58 a curb mile. Currently, we pay Laidlaw $14.02 per curb mile. Extension of Laidlaw's contract through December 31, 1992 is to be paid at $14.58 a curb mile. Staff is requesting the two-month extension of the street sweeping contract with Laidlaw Waste Systems due to a manufacturer's delay in the delivery of street sweepers to be used by the new contractor. In order to provide quality service and preserve their company's image, the new contractor prefers to wait until the new equipment has arrived and a local field office established before commencement of services. After discussions with the contractor, staff believes this will assure a smooth transition from one street sweeping service provider to another. As you may recall, this is the first time a new contractor has been selected since we began contracting out street sweeping services in 1984. On July 31, 1992, the city issued a request for proposal soliciting proposals from qualified firms to provide street sweeping services for a three year period with a possible extension of the Agreement on a year-to-year basis not to exceed two years. The first year of the contract is to be paid at the proposals' price. The second and third year of the contract are to be adjusted up to a maximum of 6% per year based on the July to July CPI for the San Diego region which is published in August of each year. The fourth and fifth years are negotiable and the city's decision on renewal would depend on the outcome of negotiations. In the past, a fair price for the fourth and fifth year has been set based on staff's evaluation of the contractor's performance and service and a survey of neighboring cities and the price paid for street sweeping services. 9,,,,2 Meeting Date: 9/22/92 Page 3 xtem <1 staff had waited until July 31, 1992, to put the contract out to bid because of the uncertainty surrounding the state budget which potentially might have resulted in a reduction or elimination of street sweeping. Proposals were accepted until 2:00 pm on Friday, August 28, 1992. The City received bids for 4 alternatives including: A) Full service, B) Half Service, C) street Sweeping reduced by 25% and D) Street sweeping service with a possibility of up to 100% reduction upon a 120 day notice. After evaluation of the proposals, staff found that alternative D was misinterpreted. In an effort not to re-bid, alternative D was thrown out. Staff is recommending acceptance of alternative A providing for full street sweeping services and award of the contract to the low-bidder R.F. Dickson Co., Inc.. Alternative A provides for the same level of service and practices pertaining to street sweeping as are currently provided by Laidlaw. Dickson has agreed to include a clause in the contract to allow up to a 100% reduction in street sweeping services upon a 120 day notice if the City'S financial condition warrants a reduction in services. Attached is a summary of alternatives received for each proposal. The following table summarizes proposals received for Alternative A: TOTAL COST/CURB MILE R.F. Dickson Co., Inc. Cannon Pacific Services Laidlaw Waste systems, Inc. California Street Maintenance BFI Services Group, Inc. City of Chula vista Kenny's Construction Sweeping $292,440.55 $ 315,508.79 340,540.58 346,695.23 525,119.47 346,725.42 NON RESPONSIVE *VARIES 13.50 14.58 14.90 *VARIES 14.89 *See attachment for price per curb mile. Consistent with past Council direction, city staff also evaluated the possibility of providing the service in-house. cities throughout California who still provide in-house street sweeping services were surveyed and findings compared to Chula vista. The cost of providing street sweeping services in other cities was 9"3 Meeting Date: Page" Item 9/22/92 '7 considerably higher than the bid amounts we received. Additionally, the results of our own analysis indicated it was more costly to provide the service in-house. In order for the City to provide street sweeping services, we would need to hire 3.5 street sweeper operators ($165,365), purchase 4 street sweepers ($472,000), pay dump fees for the disposal of street sweeping debris ($31,000) and provide for annual maintenance and operating costs ($40,000). These costs are based on information received from other comparable cities and manufacturers regarding the purchase of equipment. The equipment cost for 3 sweepers would be spread over a 5 year period. The cost of the fourth sweeper which serves as a back-up would be spread for a longer period of time. The street sweeper operator's salary is comparable to a senior street maintenance worker. The part-time position would be used as a relief, for vacations, sick leave and floating holidays. As the city's bid for providing street sweeping would be about $346,725 for calendar year 1993 as compared to $292,440 for the contractor, it is more cost effective to contract for the service. R.F. Dickson Co.. Inc. R.F. Dickson Co., Inc. has been in the street sweeping business for 42 years, serving cities ranging in size from 6,000 population to over 100,000. The length of contracts with other cities range from one to five years in duration. Their main office is located in Downey, CA. with a maintenance facility in the City of Santee. Dickson would provide for the same level of service and practices pertaining to street sweeping which currently exists in the City. upon award of the contract Dickson will locate a new maintenance facility and field office in the South County and will purchase 3 new (Mobile) street sweepers and maintain a back-up sweeper. Due to a manufacturer's delay Dickson anticipates arrival of the new equipment within 75 days. Steve Dickson, President of R.F. Dickson co., Inc. will be the city contact. An 800 number will also be provided to residents in the event of street sweeping inquiries. Prior to commencement of the new contract we plan to issue a press release and release an article in the Chula vista Quarterly informing residents of the new street sweeping contract. 9*''1 Meeting Date: 9/22/92 Page 5 Item , FISCAL IMPACT: The cost of street sweeping services are reimbursed by Gas Tax funds resulting in no impact to the General Fund. The total contract for providing street sweeping services for one year is less than the total price of last year's street sweeping contract. A total of $335,510 is budgeted for FY 1992-93. A) The cost of this extension of contract amendment with Laidlaw Waste Systems, Inc., through December 31, 1992 is $56,000. The total contract costs to be paid to Laidlaw Waste Systems, Inc. for the first 6 months of FY 1992 are $170,000. These funds are included in the FY 1992-93 operating budget. B) The contract cost with R.F. Dickson, Co., Inc. for providing street sweeping services for 6 months of this fiscal year (January through June 30, 1993) is $155,000. This includes 2.2% contingency for the addition of new streets during the calendar year. These funds have already been appropriated in the FY 1992-93 budget. Street sweeping funds for the remaining six months of the first year's contract will be budgeted in fiscal year 1993-94. Subsequent years of the contract will be reflected in future budgets. 9,5 ANNUAL STREET SWEEPING SERVICES PROPOSAL TABULATION OPENED AUGUST 28, 1992@2:00 PM PROPOSER R.F. DICKSON CO. ,INC. CANNON PACIFIC SERVICES LAIDLAW WASTE SYSTEMS CALIFORNIA STREET MAINT. BFI SERVICES GROUP, INC 12524 CLARK AVE 35 EAST I STREET P.O. BOX 967 191 B WEST 169TH STREET 1530 INDUSTRAILAVE DOWNEY, CA 90242 ENCINITAS, CA. 92024 CHULA VISTA, CA 919112 GARDENA. CA 90247 ESCONDIDO, CA 92029 ALTERNATIVE A: FULL SERVICES COST PER: STREETS $276,480.13 $322,844.36 $329,930.12 $478,549.72 PARKING LOTS 15,960.42 16,765.11 46,569.75 " COST/CURB MILE ""PRICE VARIES"" $14.90 ""PRICE VARIES"'" SEE ATTACHMENT SEE ATTACHMENT ADDITIONAL WORK: ~ PER HOUR $65.00 $45.00 $67.00 $60.00 $BO.OO CURB/PASS MILE $13.50 $13.50 $14.58 $14.90 $25.00 ~ COST/100 sa FT $0.09 $0.09 $0.10 $0.09 $0.50 ALTERNATIVE B: HALF SERVICES COST PER: STREETS $150,521.90 $163,188.46 $216,563.46 $210,907.82 $268,316.75 PARKING LOTS 15,960.42 .~6,578.83 17,696.22 16,765.11 46,569.75 .':.;? COST/CURB MILE ""PRICE VARIES"" $13.85 $18.38 $17.90 ''''PRICE VARIES"'" SEE ATTACHMENT SEE ATTACHMENT ADDITIONAL WORK: PER HOUR $65.00 $50.00 $67.00 $60.00 $80.00 CURB/PASS MILE $13.75 $13.85 $18.38 $17.90 $25.00 COSTI1 00 sa FT $0.09 $0.09 $0.095 $0.09 $0.50 ~ \ "'J ANNUAL STREET SWEEPING SERVICES PROPOSAL TABULATION OPENED AUGUST 28,1992@2:00PM PROPOSER R.F. DICKSON CO.,INC. CANNON PACIFIC SERVICES LAIDLAW WASTE SYSTEMS CALIFORNIA STREET MAINT. BFI SERVICES GROUP, INC 12524 CLARK AVE 35 EAST I STREET P.O. BOX 967 1918 WEST 169TH STREET 1530 INDUSTRAILAVE DOWNEY, CA 90242 ENCINITAS, CA. 92024 CHULA VISTA, CA 919112 GARDENA, CA 90247 ESCONDIDO, CA 92029 ALTERNATIVE C: REDUCED BY 25% COST PER: STREETS $276,480.13 $303,358.56 $400,344.72 $342,108.72 $478,549.72 PARKING LOTS 15,960.42 18,627.90 17,696.22 16,765.11 46,569.75 COST/CURB MILE ....PRICE VARIES.... $13.70 $18.08 $15.45 ....PRICE VARIES..". SEE ATTACHMENT SEE ATTACHMENT ADDITIONAL WORK: PER HOUR $65.00 $60.00 $67.00 $60.00 $80.00 CURB/PASS MILE $13.50 $13.70 $18.08 $15.45 $25.00 COST/l00 sa FT $0.09 $0.01 $0.10 $0.09 $0.50 ALTERNATIVE D:COULD BE REDUCED UP TO 100% W/120 DAY NOTICE COST PER: STREETS $150,521.90 $163,188.46 $529,216.76 $217,388.22 $295,176.03 PARKING LOTS 15,960.42 18,627.90 17,696.22 16,765.11 46,569.75 ,'-'. COST/CURB MILE .."PRICE VARIES.... $138.50 $23.90 $18.45 ....PRICE VARIES..... SEE ATTACHMENT SEE ATTACHMENT ADDITIONAL WORK: PER HOUR $65.00 $85.00 $109.00 $60.00 $80.00 CURB/PASS MILE $13.75 $138.50 $23.90 $18.45 $25.00 COST/1 00 sa FT $0.09 $0.01 $0.10 $0.09 $0.50 ALTERNATIVE D RESPONSES REJECTED COST/CURB MILE BY SWEEPING CLASS AND AL TERNATIVE** PROPOSER TYPE ALTERNATIVE A ALTERNATIVE B ALTERNATIVE C ALTERNATIVE D lt1t~ STREETS SWEPT ONCE EVERY TWO WEEKS $12.74 $13.25 $12.74 $13.25 STREETS SWEPT ONCE PER WEEK $12.24 $12.74 $12.24 $12.74 STREETS SWEPTTWIC $11.99 $12.24 $11.99 $12.24 PER WEEK STREETS SWEPT THREE TIMES PER WEEK $11.99 $11.99 $11.99 $11.99 ~ CENTER ISLANDS & MEDIANS ONCE PER MONTH $13.25 $13.75 $13.25 $13.75 , ~ CENTER LINES ONCE PER MONTH $13.25 $13.75 $13.25 $13.75 CENTER LINES ONCE PER WEEK $0.00 $0.00 $0.00 $0.00 NON-CURBED STREETS ONCE PER MONTH $13.50 $13.50 $13.50 $13.50 :::. .<< '" * SHOWN ONLY FOR DIXON AND BFI AS OTHER PROPOSERS USED THE SAME COST/CURB MILE FOR ALL CLASSSES. COST/CURB MILE BY SWEEPING CLASS AND ALTERNATIVE" PROPOSER TYPE ALTERNATIVE A ALTERNATIVE B ALTERNATIVE C ALTERNATIVE D _l!~~ STREETS SWEPT ONCE EVERY TWO WEEKS $24.34 $26.40 $24.34 $29.04 STREETS SWEPT ONCE PER WEEK $22.36 $24.25 $22.36 $26.68 STREETS SWEPT TWIC $20.00 $21.73 $20.00 $23.90 PER WEEK STREETS SWEPT THREE TIMES PER WEEK $15.50 $16.95 $15.50 $18.65 CENTER ISLANDS & MEDIANS ONCE PER MONTH $27.15 $29.40 $27.15 $32.34 ~ CENTER LINES \ "-1\ ONCE PER MONTH $25.65 $27.85 $25.65 $30.64 CENTER LINES ONCE PER WEEK $25.65 $27.85 $25.65 $30.64 NON-CURBED STREETS ONCE PER MONTH $18.15 $19.65 $18.15 $21.62 . SHOWN ONLY FOR DIXON AND BFI AS OTHER PROPOSERS USED THE SAME COST/CURB MILE FOR ALL ClASSSE8. AGREEMENT BETWEEN CITY OF CHULA VISTA AND R. F. DICKSON COMPANY, INC. FOR STREET SWEEPING SERVICES THIS AGREEMENT, made and entered into this 22nd day of Septem- ber, 1992, by and between the city of Chula vista, California, a Municipal Corporation, hereinafter designated as "city," and R. F. Dickson Company, Inc., a California corporation, hereinafter referred to as "CONTRACTOR." WITNESSETH WHEREAS, the city has solicited proposals for street sweeping within and on the streets of the City of Chula Vista; and, WHEREAS, Contractor has submitted to the City a proposal to sweep the public streets within the limits of the City, and WHEREAS, Contractor has made certain representations on which City is relying in entering into this agreement which representa- tions are contained in the following documents, and which documents are incorporated herein by reference as though specifically set forth herein as representations: 1. 2. Regarding Contractor's ability to perform such street sweeping services as contained in the "Proposals to the City Council, city of Chula Vista, California, for Street Sweeping Services" numbered pages 20 through 31, inclusive, from Contractor, attached hereto as Exhibit A-1 through A-2, inclusive. Regarding the length of time in business, states in which Contractor is doing business, financial strength, credit standing, cities served, term of contract with such other cities served, equipment acquisition methods, and principal officers, all as set forth in that unsigned letter from Contractor, dated August 18, 1992 addressed "TO WHOM IT MAY CONCERN: CITY OF CHULA VISTA", including attach- ments, attached hereto as Exhibit B-1 through B-3. 3. Regarding the length of time Contractor has had a field office and maintenance facility in Santee, and their current equipment owned by Contractor, intent to locate a new light maintenance facility and field office in the south County in close SUwupl.wp Sop....ber 18, 1992 Alrccmeat for 92.95 Street Swec:pine "'<1 9/1- .3 proximity to Chula Vista, and their intent to acquire three new Mobil Sweepers within sixty days of award of contract, all as set forth in that signed letter from Contractor's president, dated August 25, 1992, "City of Chula Vista, Purchasing Office, Public Services Building", referencing "street Sweeping Proposal", consisting of 5 pages, attached hereto as Exhibit C-1 through C-5, inclusive. NOW, THEREFORE, city and Contractor do hereby mutually agree as follows: I. Duties of Contractor During the Term of this Agreement, Contractor shall sweep public streets in the City as listed in and at such frequency as are set forth in the "street sweeping Schedule for the City of Chula Vista, CA", attached hereto as Exhibit D, and incorporated herein by reference, as same may from time-to-time, be amended by the city Manager, or his designee, and with such equipment and labor, and according to such procedure as are herein set forth: A. Equipment and Labor Contractor shall use and furnish at his own expense, all labor, equipment, and materials necessary for the satisfactory performance of the work set forth in this Agreement. Contractor shall, in the performance of its duties, acquire, use, keep and maintain in the service of this agreement, three (3) new Mobil Sweepers, each of which shall bear signs in such form and color approved by the Director of Public Works, or his designee, visible from right and left sides of the vehicle, substantially stating: "Under Contract to the City of Chula vista." B. Disposal of Sweepings It shall be the sole responsibility of Contractor, and at its sole cost and expense, to dispose of all refuse collected in a clean and environmentally safe manner. C. Water The Contractor shall make all necessary arrangements, at its sole cost and expense, to obtain and pay for water necessary for the operation in accordance with the provisions contained within the proposal and specifications. D. Standards for Performance Sllwcq>1.wp AI......., (0192.95 St=l Sweep." September 18, 1992 P.,.2 9/1-'1 Contractor shall perform this agreement to the standards of performance considered by the Public Works Director to be good street sweeping practices and shall be subject to the approval and modification of the Director of Public Works. E. Insurance Contractor represents that it, its agents, and staff and any subcontractors employed by it in connection with the services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class VII" or better, or shall meet with the approval of the City: statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in an amount satisfactory to the City's Risk Manager. Commercial General Liability Insurance including Business Automobile Insurance coverage in an amount satisfactory to the city's Risk Manager, combined single limit applied separately to each proj ect away from premises owned or rented by Contractor, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage") . F. Proof of Insurance Coverage. 1. certificates of Insurance. Contractor shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Agreement, by delivery of certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 2. Policy Endorsements Required. In order to demonstrate the Additional Insured Coverage, Primary coverage and Cross-liability Coverage required under Contractor's Commercial General Liability Insurance Policy, Contractor shall deliver a policy endorsement to the city demonstrating same, which shall be reviewed and approved by the Risk Manager. G. Faithful Performance Bond SIow...,I...,. AI.......' (or 92-9S SUed Sweep.., SeplaDbet 18, 1992 Pile 3 If /I ~ The Contractor shall maintain in full force and effect during the term of this agreement, a Bond for Faithful Performance in the amount of $50,000 from a corporate surety satisfactory to the city. said corporate surety shall be duly authorized to do business in the state of California and have a Best Guide Rating of A,VII or better, unless specially modified by the Risk Manager of the city. Such Performance Bond shall guarantee the performance of the Contractor under the terms and conditions of the specifications contained herein and the Contract for Services between the parties. H. Proof of streets Swept The Contractor shall keep and maintain a log of each street, median, intersection, parking lot, or other area swept, and shall, take, keep and maintain tachographs for each piece of equipment used in providing service under this agreement. At the end of each month during the Term of this Agreement, Contractor shall deliver to the Department of Public Works, an invoice of work performed ("Invoice") together with a log of each street, median, intersection, parking lot, or other area, that was swept during the month, along with a mileage and hourly breakdown and the tacho- graphs generated ("Proof of Service"). II. Term of Agreement The term ("Term") of this agreement, for the purpose of determine the period of time which Contractor is to provide street sweeping services according to this Agreement, shall be for a period of three years commencing on January 1, 1993, and expiring on December 31, 1995, unless terminated sooner as permitted by this Agreement. A. Option to Renew The City may, by the adoption of a resolution renewing this Agreement and delivering a copy of same to Contractor, extend this Agreement on the same terms and conditions for incremental periods of time, not exceeding, in total, a period of two additional years. If the city exercises this option, the compensation shall be adjusted as provided in the provisions for compensation, Option Years, set forth below. B. Termination 1. For Contractor's Default. The Ci ty may, contractor, terminate the following circumstances: by written notice of default to the whole or any part of this contract in the SUweepl.wp SeplaDbet 18. 1992 AI- tOl 92-95 SUed Sweep'" .....4 9A't If the work to be done under the contract is abandoned by the Contractor or if the contract is assigned without the written consent of the City; or if the Contractor is adjudged bankrupt; or if a general assignment of his assets is made for the benefit of his creditors; or if a receiver is appointed for the Contractor of any of his property; or if the work under this contract is being unnecessarily delayed, or the Contractor is violating any of the material conditions of the contract; or that the Contractor is executing the same in bad faith or otherwise not in accordance with the terms of said contract; then, in the event any of the foregoing occurs, the City may serve written notice upon the Contractor and his surety of the City's intention to terminate this contract. Unless within 10 days after the serving of such notice, a satisfactory arrangement is made for continuance, the Contractor shall be deemed in default and the contract shall be automatically terminated and the city may take over and prosecute the work to completion, by contract or otherwise. If at fault, the Contractor and his surety shall be liable to the city for all damages as well as excess cost sustained by the City by reason of such prosecution and completion by the City. Time shall be of the essence as to any action performed by the Contractor to correct conditions as set forth in this provision. a. city's Use of Equipment. without acting as a limitation on city's remedy for default, in the event of termination due to a default by contractor, the City retains the right to purchase at fair market value the Contractor's equipment and/or vehicles. The city also retains the right to take over Contractor's equipment and/or vehicles on a rental basis in order to continue sweeping until alternate arrangements can be made. If the equipment is taken over by the City on a rental basis, the City shall pay the Contractor the rental rate included in the most recent edition of Labor Surcharqe and Equipment Rental Rates published by the state of California; Business, Transportation and Housing Agency; Department of Transportation; Division of Construction. b. status of Contract in Insolvency. It is agreed that in the event the Contractor shall be adjudged bankrupted, a receiver appointed or a general assignment of the benefit of creditors is made, or it is proven insolvent or fails in business, the contract shall not be asset of the Contractor. 2. Financial Conditions of city. SUw....1.wp AI........ for 92-95 _ SW....iDc September 18, 1992 "'e 5 '1~ .. ? Upon a determination by the City Council to limit or terminate street sweeping services, the City may reduce all or any portion of the work required of Contractor under this Agreement upon a 120 day notice issued at the City's sole discretion. 3. Reduction or Termination Procedures Any termination shall be effected by delivery to the Contractor of a Notice of Reduction or Termination specifying the extent to which performance of work under the agreement is reduced or terminated, and the date upon which such termination becomes effective. After receipt of a Notice of Termination, and except as otherwise directed by the City, the Contractor shall: 1. stop all work under the agreement on the date and to the extent specified in the Notice of Termination. 2. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the agreement as is not terminated; 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; 4. Settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts, with the approval or ratification of the City, which approval or ratification shall be final for all the purposes of this clause. After receipt of a Notice of Termination, the Contractor shall submit to the City a termination claim, in the form and with certification prescribed by the City. Such claim shall be submitted promptly but in no event later than SIXTY (60) days from the effective date of termination, unless one or more extensions in writing are granted by the City upon written request of the Contractor. The total sum to be paid to the Contractor shall not exceed the total otherwise due contractor as herein provided, less (in the event of default by Contractor), any damages City may suffer by Contractor's default. SUw",,1.wp Seplember 18. 1992 AI- for 92-95 _ Sw""... "'.6 '1/1, Y III. Duties of city A. Compensation On the condition that city receives an Invoice for service, together with the required Proof of Service, City shall, 1. First Year of Service. during the first year of the Term of this Agreement, pay compensation to the Contractor monthly for service properly rendered, during the previous month, at the rates set forth on the attached Exhibit E, based on the frequency of sweeping and the type of facility swept during said month; and, 2. Second Year of Service. during the second year of the Term of this Ag:eement, pay compensation to the Contractor monthly for serv~ce properly rendered, during the previous month, at the rates set forth on the attached Exhibit E, multiplied times one (1) plus the cost of li ving increase as measured by the increase in the All Urban consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor Statistics, between July of one year and July of the subsequent year, last preceding the anniversary of the new year of the Term, not to exceed 6% in any single year, based on the frequency of sweeping and the type of facility swept during said month; and, 3. Third Year of Service. during the third year of the Term of this Ag~eement, pay compensation to the Contractor monthly for serv~ce properly rendered, during the previous month, at the rates applicable in the preceding year, multiplied times one (1) plus the cost of living increase as measured by the increase in the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor statistics, between July of one year and July of the subsequent year, last preceding the anniversary of the new year of the Term, not to exceed 6% in any single year, based on the frequency of sweeping and the type of facility swept during said month; and, 4. option Years. during any portion of the Option Years in which the City shall exercise its option to renew this Agreement, pay compensation to the Contractor monthly for service properly rendered, during the previous month, at the rates applicable in the preceding year, multiplied times one (1) plus the cost of living increase as SUw"l'\.wp Scp....beI18, 1992 AJ- (0192-95 - Sw"l'ior PIa.' 9/1- '1 measured by the increase in the All Urban consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor Statistics, between July of one year and July of the subsequent year, last preceding the anniversary of the new year of the Term, not to exceed 6% in any single year, based on the frequency of sweeping and the type of facility swept during said month, or, if the parties agrees, at such other rates or prices as the City and Contractor may mutually agree upon; and, IV. Additional Street Sweeping Work and Compensation On the written request of the Public Works Director to extend the sweeping program to include streets constructed after the effective date of this agreement, or other streets, alleys, parking lots, or other locations not set forth in the attached Exhibit D, or to perform any additional special sweeping, Contractor shall promptly, in the manner requested, and according to the performance standards herein set forth, perform said sweeping, and upon doing so shall be compensated as follows: A. Parking Lots or other non-street areas: The then current price per square foot paid to Contractor for sweeping scheduled parking lots. B. Streets: The then current price per curb mile paid to Contractor for sweeping scheduled streets of the same type and frequency. C. Special Event Sweeping. $65.00 per hour for the first year of the Term, increased by the same cost of living increase factor in subsequent years of the Term, including option Years. V. Miscellaneous provisions A. Hold Harmless Contractor 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 without limitation attorneys' fees) arising out of the conduct of the Contractor, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Contractor's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the city, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, SUwccp1.wp September lB. 1992 A,",=c:ot for 92-95 S&reet Swccpioc PIlei ~/I~iP Contractor at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Contractors' indemnification of City shall not be limited by any prior or subsequent declaration by the Contractor. B. Assignment The Contractor shall not assign, sublet, or lease any part or portion of this agreement without the prior written approval of the City council, which Council may arbitrarily withhold. C. NOTICES All notices or communication to either party to this Agreement by the other party shall be deemed given when made in writing and delivered or mailed to such party at its respective address, as follows: CONTRACTOR: City of Chula vista Department of Public Works Operations Division 707 "F" Street Chula Vista, CA 92010 R. F. Dickson Company, Inc. 12524 Clark Avenue Downey, CA 90242 Attention: Steve Dickson, President city: D. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the city in accordance with the procedures set forth in Chapter 1.34 of the Chula vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the city in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. E. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of SUwoepl.wp September 18, 1m A._I ro< 92.9S _ Sweep." '-at 9 9/1-'// the claim, including costs and attorney's fees. In the event of any dispute arising concerning termination, both parties agree to submit the dispute to arbitration. Each party shall select its own arbitration representative, and if they are unable to agree, they shall select a third arbitrator, and the decision of the third arbitrator shall be conclusive and binding. The selection of arbitrators shall be made with ten (10) days of written notice by either party to the other of a dispute arising under this section, and the arbitration process shall take no longer than twenty (20) days. If either party brings any action or proceeding to enforce, protect or establish any right or remedy, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs as awarded by the court. F. Contractor not authorized to Represent City Unless specifically authorized in writing by city, Contractor shall have no authority to act as City's agent to bind city to any contractual agreements whatsoever. G. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. H. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. I. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the state of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, state of California, and if applicable, the city of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the City of Chula vista. SUw"l'l.wp Sop_be, t B, 1992 AI- for 92-95 _ """l'm, p.,.tO If /J ... /..2. Signature Page to AGREEMENT BETWEEN CITY OF CHULA VISTA AND R. F. DICKSON COMPANY, INC. FOR STREET SWEEPING SERVICES IN WITNESS WHEREOF, the parties hereto have executed an Agreement in duplicate at Chula Vista, California, the day and year first above written. City of Chula Vista, a Municipal Corporation, By: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk Approved as to Form Bruce M. Boogaard, City Attorney R. F. Dickson Company, Inc., a California corporation by: Steve Dickson, President SUwoq>l.wp September 18, 1992 AatecmCl1t for 92-95 Sttcct SweepiDa: 1'1&.11 9/1'IJ RESOLUTION NO. Ibg'/~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING PROPOSALS AND AWARDING CONTRACT FOR CITYWIDE STREET SWEEPING SERVICES JANUARY 1, 1993 THROUGH DECEMBER 31, 1995 WHEREAS, the following six proposals for street sweeping services were received at 2:00 p.m. August 28, 1992 by the Purchasing Agent: R. F. Dickson Cannon Pacific Services Laidlaw Waste Systems, Inc. California Street Maintenance BFI Services Group, Inc. City of Chula vista Kenny's Construction Sweeping $292,440.55 315,508.79 340,540.58 346,695.23 525,119.47 346,725.42 Non Responsive WHEREAS, upon evaluating the proposals, staff recommends awarding the contract to the low bidder, R. F. Dickson, who has assured the city that he is a licensed contractor in the State of California who can produce an acceptable performance bond. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby accept the six proposals received for citywide street sweeping services for the period January 1, 1993 through December 31, 1995 and awards the contract to R. F. Dickson. BE Chula vista contract for IT FURTHER RESOLVED that the Mayor of the City of is hereby authorized and directed to execute said and on behalf of the City of Chula vista. Presented by .d~ John P. Lippitt, Director of Public Works Bruce M. Attorney F: \home\anomey\dickson 9/1-/ Draft--Marked to Show Changes From Version One (stsweep1.wp) AGREEMENT BETWEEN CITY OF CHULA VISTA AND R. F. DICKSON COMPANY, INC. FOR STREET SWEEPING SERVICES THIS AGREEMENT, made and entered into this 22nd day of Septem- ber, 1992, by and between the City of Chula vista, California, a Municipal Corporation, hereinafter designated as "city," and R. F. Dickson Company, Inc., a California Corporation, hereinafter referred to as "CONTRACTOR." WITNESSETH WHEREAS, the City has solicited proposals for street sweeping within and on the streets of the City of Chula vista; and, WHEREAS, Contractor has submitted to the City a proposal to sweep the public streets within the limits of the City, and WHEREAS, Contractor has made certain representations on which City is relying in entering into this agreement which representa- tions are contained in the following documents, and which documents are incorporated herein by reference as though specifically set forth herein as representations: 1. 2. 3. Regarding Contractor's ability to perform such street sweeping services as contained in the "proposals to the City Council, city of Chula Vista, California, for Street Sweeping Services" numbered pages 20 through 31, inclusive, from Contractor, attached hereto as Exhibit A-1 through A-2, inclusive. Regarding the length of time in business, states in which Contractor is doing business, financial strength, credit standing, cities served, term of contract with such other cities served, equipment acquisition methods, and principal officers, all as set forth in that unsigned letter from Contractor, dated August 18, 1992 addressed "TO WHOM IT MAY CONCERN: CITY OF CHULA VISTA", including attach- ments, attached hereto as Exhibit B-1 through B-3. Regarding the length of time Contractor has had a field office and maintenance facility in Santee, Stsweep2.wp September 22, 1992 Draft Agreement for 92.95 Street Sweeping Page 1 '19-~ and their current equipment owned by Contractor, intent to locate a new light maintenance facility and field office in the south County in close proximity to Chula Vista, and their intent to acquire three new Mobil Sweepers within sixty days of award of contract, all as set forth in that signed letter from Contractor's president, dated August 25, 1992, "City of Chula Vista, Purchasing Office, Public Services Building", referencing "street Sweeping Proposal", consisting of 5 pages, attached hereto as Exhibit C-1 through C-5, inclusive. NOW, THEREFORE, city and Contractor do hereby mutually agree as follows: I. Duties of Contractor During the Term of this Agreement, Contractor shall sweep public streets in the City as listed in and at such frequency as are set forth in the "street sweeping Schedule for the city of Chula Vista, CA", attached hereto as Exhibit D, and incorporated herein by reference, as same may from time-to-time, be amended by the city Manager, or his designee, and with such equipment and labor, and according to such procedure as are herein set forth: A. Equipment and Labor Contractor shall use and furnish at his own expense, all labor, equipment, and materials necessary for the satisfactory performance of the work set forth in this Agreement. and capable of cleaninq the streets of paper. wet leaves. dirt. rocks and other debris. Contractor shall, in the performance of its duties, acquire, use, keep and maintain in the service of this agreement, three (3) new. heavy duty. broom-type. Mobil Sweepers (not of the air or vacuum type except that small air or vacuum sweepers may be permitted in cleaninq the parkinq lots onlY), each of which shall bear signs in such form and color approved by the Director of Public Works, or his designee, visible from right and left sides of the vehicle, substantially stating: "Under Contract to the city of Chula vista." All pieces of equipment shall be equiped and maintained as set forth on Exhibit F. B. Disposal of Sweepings It shall be the sole responsibility of sole cost and expense, to dispose of all clean and environmentally safe manner. Contractor, and at its refuse collected in a Stsweep2.wp September 22, 1992 Draft Agreement for 92.95 Street Sweepine Page 2 'I~'J C. Water The Contractor shall make all necessary arrangements, at its sole cost and expense, to obtain and pay for water necessary for the operation in accordance with the provisions contained within the proposal and specifications. D. Holidavs and Inclement Weather. Contractor shall abide bv the provisions relatina to sweepina on holidavs and durina inclement weather as provided in the attached Exhibit G. E. standards for Performance Contractor shall perform this agreement to the standards of performance considered by the Public Works Director to be good street sweeping practices and shall be subject to the approval and modification of the Director of Public Works. F. Insurance Contractor represents that it, its agents, and staff and any subcontractors employed by it in connection with the services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the fOllowing categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class VII" or better, or shall meet with the approval of the city: statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in an amount satisfactory to the city's Risk Manager. Commercial General Liability Insurance including Business Automobile Insurance coverage in an amount satisfactory to the City's Risk Manager, combined single limit applied separately to each proj ect away from premises owned or rented by Contractor, which names City as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the city and Applicant in the same manner as members of the general public ("CrOSS-liability Coverage") . G. Proof of Insurance Coverage. 1. certificates of Insurance. Contractor shall demonstrate proof of coverage herein required, prior to the commencement of services required under this Stsweep2.wp Sep....ber 22, 1992 Draft ^a:reemeot for 92.95 Street Swec:pin& Page 3 1/1''/ . Agreement, by delivery of certificates of Insurance demonstrating same, and further indicating that the policies may not be canceled without at least thirty (30) days written notice to the Additional Insured. 2. Policy Endorsements Required. In order to demonstrate the Additional Insured coverage, Primary Coverage and Cross-liability Coverage required under Contractor's Commercial General Liability Insurance POlicy, Contractor shall deliver a policy endorsement to the city demonstrating same, which shall be reviewed and approved by the Risk Manager. H. Faithful Performance Bond The Contractor shall maintain in full force and effect during the term of this agreement, a Bond for Faithful Performance in the amount of $50,000 from a corporate surety satisfactory to the City. said corporate surety shall be duly authorized to do business in the state of California and have a Best Guide Rating of A,VII or better, unless specially modified by the Risk Manager of the City. Such Performance Bond shall guarantee the performance of the Contractor under the terms and conditions of the specifications contained herein and the Contract for Services between the parties. I. Proof of Streets Swept The Contractor shall keep and maintain a log of each street, median, intersection, parking lot, or other area swept, and shall, take, keep and maintain tachographs for each piece of equipment used in providing service under this agreement. At the end of each month during the Term of this Agreement, Contractor shall deliver to the Department of Public Works, an invoice of work performed ("Invoice") together with a log of each street, median, intersection, parking lot, or other area, that was swept during the month, along with a mileage and hourly breakdown ~as shown on the tachographs generated ("Proof of Service"). The Contractor shall submit Work Plan and Route Lists for all scheduled cleaninq prior to contract award. These schedules will be reviewed for accuracy and efficiency bY the Superintendent and their desiqnated representatiye prior to the Contract award. Upon commencinq work. all Route Lists shall be updated bY the Contractor. and thereafter shall become the basis for: 1...... the Contractor's cleaninq routes. ~ the Department's inspection of cleaninq. Stsweep2.wp September 22. 1992 Dr.ft Agreement for 92.95 Street Sweeping Page 4 9~-.5 ~ the invoicinq of cvcles completed. and ~ payment bv the citv for services rendered. Anv subsequent chanqes or revisions to Route lists throuqhout the contract period must have the prior written approval of the Superintendent or their desiqnated representative. II. Term of Agreement The term ("Term") of this agreement, for the purpose of determine the period of time which Contractor is to provide street sweeping services according to this Agreement, shall be for a period of three years commencing on January 1, 1993 (except that service is to beqin as provided in the provisions dealinq with holidavs and inclement weather), and expiring on December 31,1995, unless terminated sooner as permitted by this Agreement. A. option to Renew The City may, by the adoption of a resolution renewing this Agreement and delivering a copy of same to contractor, extend this Agreement on the same terms and conditions for incremental periods of time, not exceeding, in total, a period of two additional years. If the City exercises this option, the compensation shall be adjusted as provided in the provisions for Compensation, Option Years, set forth below. B. Termination 1. For Contractor's Default. The City may, Contractor, terminate the following circumstances: by written notice of default to the whole or any part of this contract in the If the work to be done under the contract is abandoned by the Contractor or if the contract is assigned without the written consent of the city; or if the Contractor is adjudged bankrupt; or if a general assignment of his assets is made for the benefit of his creditors; or if a receiver is appointed for the Contractor of any of his property; or if the work under this contract is being unnecessarily delayed, or the Contractor is violating any of the material conditions of the contract; or that the Contractor is executing the same in bad faith or otherwise not in accordance with the terms of said contract; then, in the event any of the foregoing occurs, the city may serve written notice upon the Contractor and his surety of the city's intention to terminate this contract. Unless within 10 days after the serving of such notice, Stsweep2.wp September 22. 1992 Draft Agreement for 92.95 Street Sweeping PageS "A* J, a satisfactory arrangement is made for continuance, the Contractor shall be deemed in default and the contract shall be automatically terminated and the City may take over and prosecute the work to completion, by contract or otherwise. If at fault, the Contractor and his surety shall be liable to the city for all damages as well as excess cost sustained by the city by reason of such prosecution and completion by the city. Time shall be of the essence as to any action performed by the Contractor to correct conditions as set forth in this provision. a. City's Use of Equipment. without acting as a limitation on city's remedy for default, in the event of termination due to a default by Contractor, the City retains the right to purchase at fair market value the Contractor's equipment and/or vehicles. The City also retains the right to take over Contractor's equipment and/or vehicles on a rental basis in order to continue sweeping until alternate arrangements can be made. If the equipment is taken over by the city on a rental basis, the City shall pay the Contractor the rental rate included in the most recent edition of Labor Surcharqe and Equipment Rental Rates published by the state of California; Business, Transportation and Housing Agency; Department of Transportation; Division of Construction. b. status of Contract in Insolvency. It is agreed that in the event the Contractor shall be adjudged bankrupted, a receiver appointed or a general assignment for ~the benefit of creditors is made, or it is proven insolvent or fails in business, the contract shall not be asset of the Contractor. 2. Financial Conditions of City. Upon a determination by the City Council to limit or terminate street sweeping services, the City may reduce all or any portion of the work required of Contractor under this Agreement upon a 120 day notice issued at the City's sole discretion. 3. Reduction or Termination Procedures Any termination shall be effected by delivery to the Contractor of a Notice of Reduction or Termination specifying the extent to which performance of work under the agreement is reduced or terminated, and the date upon which such termination becomes effective. Stsweep2.wp September 22, 1992 Dnft Agreement (or 92-95 Street Sweeping Page 6 919' 7 After receipt of a Notice of Termination, and except as otherwise directed by the City, the Contractor shall: 1. stop all work under the agreement on the date and to the extent specified in the Notice of Termination. 2. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the agreement as is not terminated; 3. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; 4. Settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts, with the approval or ratification of the City, which approval or ratification shall be final for all the purposes of this clause. After receipt of a Notice of Termination, the Contractor shall submit to the City a termination claim, in the form and with certification prescribed by the city. Such claim shall be submitted promptly but in no event later than SIXTY (60) days from the effective date of termination, unless one or more extensions in writing are granted by the City upon written request of the Contractor. The total sum to be paid to the Contractor shall not exceed the total otherwise due contractor as herein provided, less (in the event of default by Contractor), any damages City may suffer by Contractor's default. III. Duties of city A. Compensation On the condition that city receives an Invoice for service, together with the required Proof of Service, city shall, 1. First Year of Service. during the first year of the Term of this Agreement, pay compensation to the Contractor monthly for service properly rendered, during the previous month, at the rates set forth on the attached Exhibit E, based on the frequency of sweeping and the type Stsweep2.wp Seplemb<r 22, 1992 Draft AJreement for 92.95 Street Sweeping Pace 7 '1/1-8 of facility swept during said month; and, 2. Second Year of Service. during the second year of the Term of this Agreement, pay compensation to the Contractor monthly for service properly rendered, during the previous month, at the rates set forth on the attached Exhibit E, multiplied times one (1) plus the cost of living increase as measured by the increase in the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor statistics, between July of one year and July of the subsequent year, last preceding the anniversary of the new year of the Term, not to exceed 6% in any single year, based on the frequency of sweeping and the type of facility swept during said month; and, 3. Third Year of Service. during the third year of the Term of this Ag~eement, pay compensation to the Contractor monthly for serv~ce properly rendered, during the previous month, at the rates applicable in the preceding year, multiplied times one (1) plus the cost of living increase as measured by the increase in the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor statistics, between July of one year and July of the subsequent year, last preceding the anniversary of the new year of the Term, not to exceed 6% in any single year, based on the frequency of sweeping and the type of facility swept during said month; and, 4. option Years. during any portion of the Option Years in which the City shall exercise its option to renew this Agreement, pay compensation to the Contractor monthly for service properly rendered, during the previous month, at the rates applicable in the preceding year, multiplied times one (1) plus the cost of living increase as measured by the increase in the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor statistics, between July of one year and July of the subsequent year, last preceding the anniversary of the new year of the Term, not to exceed 6% in any single year, based on the frequency of sweeping and the type of facility swept during said month, or, if the parties agrees, at such other rates or prices as the City and Contractor may mutually agree upon; and, B. Adiustment for Dump Fees. For each vear of the Term that this Aqreement is in effect. Stsweep2.wp Sep~ber 22. 1992 Draft Agreement for 92-95 Street Sweeping Page 8 9#9 includinq option Years. after the first Year. city shall pay to Contractor 30 days after the end of each year ("Given Year") of the Term of this Aoreement. commencino 30 davs after the end of the second vear of the Term. the Net Annual Dump Fee Adiustment. calculated as follows: ~ Determine the Amount of Excess Dump Charoes for the Year. The annual dump charoes incurred bY Contractor solelv for dumpino the debris collected bv the Con- tractor's street sweepinq equipment in the process of sweepinq streets under the authority and pursuant to the provisions of this Aoreement ("CV street Debris" for a Given Year) shall be deducted from the annual dump charoes similarlv incurred for dumpinq CV street Debris the first year of the term. This difference shall be referred to as the Given Year's "Annual Excess Dump Charqes". ~ Adiust Excess Dump Charqes So As To Not Compensate for New Curb Miles Added to Schedule. The Annual Excess Dump Charqes for the Given Year shall be multiplied bY a fraction. the numerator of which is the number of curb miles swept in the first vear and the denominator of which shall be the number of curb miles swept in the Given Year. The product of this step shall be referred to as Gross Annual Dump Fee Adiustment. ~ Adiust So As To Not Compensate of Duplication of CPI Increase. The Gross Annual Dump Fee Adiustment shall be reduced bv an amount which represents the Annual Excess Dump Charqes multiplied bv a fraction. the numerator of which is the actual annual cost of livinq increase qranted to Contractor under the Compensation provisions. and the denominator of which is the actual percentaqe increase for the Given Year in the dump charoes charqed at the otav Landfill. This amount shall be referred to as the Net Annual Dump Fee Adiustment. Contractor shall properlY and fairlY account to City for all dump charqes incurred for dumpinq CV Street Debris durinq the Term. Contractor shall provide city with copies of all dump tickets incurred each month of the Term. and an accountinq summarv of same. Stsweep2.wp September 22, 1992 Draft Agreement for 92-95 Street Sweeping P.,c9 'If' 10' IV. Additional street Sweeping Work and Compensation On the written request of the Public Works Director to extend the sweeping program to include streets constructed after the effective date of this agreement, or other streets, alleys, parking lots, or other locations not set forth in the attached Exhibit D, or to perform any additional special sweeping, Contractor shall promptly, in the manner requested, and according to the performance standards herein set forth, perform said sweeping, and upon doing so shall be compensated as follows: A. Parking Lots or other non-street areas: The then current price per square foot paid to Contractor for sweeping scheduled parking lots. B. Streets: The then current price per curb mile paid to Contractor for sweeping scheduled streets of the same type and frequency. C. Special Event Sweeping. $65.00 per hour for the first year of the Term, increased by the same cost of living increase factor in subsequent years of the Term, including Option Years. V. Miscellaneous provisions A. Hold Harmless Contractor 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 without limitation attorneys' fees) arising out of the conduct of the Contractor, or any agent or employee, subcontractors, or others in connection with the execution of the work covered by this Agreement, except only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Contractor's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the ci ty , its off icers, agents, or employees. if covered bv this indemnity. in defending against such claims, whether the same proceed to judgment or not. Further, Contractor at its own expense shall, upon written request by the city, defend any such suit or action brought against the City, its officers, agents, or employees. Contractors' indemnification of City shall not be limited by any prior or subsequent declaration by the Contractor. B. Assignment The Contractor shall not assign, sublet, or lease any part or portion of this agreement without the prior written approval of the Stsweep2.wp September 22, 1992 Draft Agreement for 92-95 Street Sweepina; Page 10 9/1-- II city Council, which Council may arbitrarily withhold. C. NOTICES All notices or communication to either party to this Agreement by the other party shall be deemed given when made in writing and delivered or mailed to such party at its respective address, as follows: City: city of Chula vista Department of Public Works Operations Division 707 "F" street Chula Vista, CA 92010 CONTRACTOR: R. F. Dickson Company, Inc. 12524 Clark Avenue Downey, CA 90242 Attention: steve Dickson, President D. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula vista Municipal Code, as same llIa:l from time te time 1ge alllcnacacurrentlv exists, 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 Agreement. E. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. In the event of any dispute arising concerning termination, both parties agree to submit the dispute to arbitration. Each party shall select its own arbitration representative, and if they are unable to agree, they shall select a third arbitrator, and the decision of the third arbitrator shall be conclusive and binding. The selection of arbitrators shall be made with ten (10) days of written notice by either party to the other of a dispute arising under this section, and the arbitration process shall take no Stsweep2.wp September 22. 1992 Draft Agreement ror 92-95 Street Sweeping Page 11 919-/.2 under this section, and the arbitration process shall take no longer than twenty (20) days. If either party brings any action or proceeding to enforce, protect or establish any right or remedy, the prevailing party shall be entitled to recover reasonable attorney's fees and court costs as awarded by the court. F. Contractor not authorized to Represent city Unless specifically authorized in writing by City, Contractor shall have no authority to act as City's agent to bind city to any contractual agreements whatsoever. G. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. H. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. I. Governing Law/Venue This Agreement shall be governed by and construed in accordance with the laws of the state of California. Any action arising under or relating to this Agreement shall be brought only in the federal or state courts located in San Diego County, State of California, and if applicable, the city of Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder, shall be the city of Chula vista. Stsweep2.wp September 22, 1992 Draft ^lreemeot for 92.95 Street Sweeping Pale 12 f///- /3 Signature Page to AGREEMENT BETWEEN CITY OF CHULA VISTA AND R. F. DICKSON COMPANY, INC. FOR STREET SWEEPING SERVICES IN WITNESS WHEREOF, the parties hereto have executed an Agreement in duplicate at Chula Vista, California, the day and year first above written. City of Chula Vista, a Municipal Corporation, By: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk Approved as to Form Bruce M. Boogaard, City Attorney R. F. Dickson Company, Inc., a California Corporation by: Steve Dickson, President Stsweep2.wp September 22, 1992 Draft Agreement for 92-95 Street Swcepina; Page 13 9/1-1'1 j" . . . . I I I j . ~ I I ; I I I I I I PROPOSALS TO THE CITY COUNCIL CITY OF CHULA VISTA, CALIFORNIA FOR STREET SWEEPING SERVICES NAME OF PROPOSER R.F. DICKSON COMPANY, INC. BUSINESS ADDRESS 12524 CLARK AVE. DOWNEY, CA 90242 PLACE OF RESIDENCE 12524 CLARK AVE. DOWNEY, CA 90242 The work to be done consists of providing 1 abor, materials and equipment to sweep all public streets and selected intersections in Chula Vista. The undersigned, as proposer, declares that the only persons or parties interested in this proposal as principals are those named herein; that this proposal is, made without collusion with any other person, firm, or corporation; that he has carefully examined the location of the proposed work, the annexed proposed form of contract, and he proposes, and agrees if this proposal is accepted, that he will contract.with the City of Chula Vista, in the form of the copy of the contract annexed hereto, to provide all necessary machinery, tools, apparatus, and to do all the work and furnish all the materials specified in the contract, in the manner and time therein prescribed, according to the requirements of the Director of Public Works/City Engineer as therein set forth, and that he will take in full payment therefor the following items priced, listed both in figures and words. (In case of discrepancy between the words and figures, the words shall govern and the figures shall be disregarded.) A- "cel t; r;ed check, pi opel t,) ~paya,*e-tG--tM--G-~+f--Ghltla- Yista far A *bond in favor of the City of Chula Vista for 10% OF BID AMOUNT doll ars ($ 10% OF BID .) Is attached hereto to guarantee the selected proposer will enter into a contract with the City of Chula Vista in accordance with the proposal submitted. -------------- *Strike out inapplicable phrase. WPC 0116S -20- if ' / fj,(f'15 . I I I I I ~ I I 1 I I I I . I . II . I The undersigne'd further agrees that in the case of default in executing the required contract, withnnecessary bonds, within twenty days, after having received notice of award Jthat th proceeds of the cash, check or bond accompanying his bid.shall ecome th pro~erty of the City of Chula Vista. Signature of Bidder ). (If an individual, so state. If a firm or co-partnership, state the firm name and give the names of all individual co-partners composing the firm. If a corporation, state legal name of corporation, also names of president, secretary, treasurer, and manager thereof.) R.F. DICKSON COMPANY, INC. 12524 CLARK AVE. OONNEY, CA 90242 Business Address 800/841-7994 310/923-5441 Phone Dated: AUGUST 19TH 1992 , - 12524 CLARK AVE. DCJ.oINEY, CA 90242 Place of Residence ~ OFFICIAL SEAL lo~m A E. PETERS .. : - NOTARY PUBLIC - CALIFORNIA . . LOS ANGaES COUH1Y My _m. upiru /MY 28, 1994 Subscribed and sworn to me before this 19TH day of AUGUST ,19~. Notary Public in and for the County of IO~ ANr.F1F~ , State of California. &r~~/' ~ R. F. 01 CKSON C(}1I>ANY - I S A CQRPORATI ON INCORPORATED 12/15/60 - IN THE STATE OF CALIFORNIA STEVEN L. DICKSON - PRESIDENT & TREASURER SCOTT B. DICKSON - VICE-PRESIDENT & SECRETARY WPC 0116S -21- ;J 1rf."'Y 9,-9 "'16/ QA--'7 t , I , I I 1 I - _. 1 . I I I , I I I J - -- August 18, .1992 TO WHOM IT MAY CONCERN: CITY OF CHULA VISTA Our company is a privately owned corporation and due to our policy, we do not issue financial statements. We ar1!! a member of the Corporate Banking Group with the Wells. Fargo Bank located in Long ~each. We respectfully request you contact. Jean Schmidt (310) ~91-8044for an~ questions you .may have regarding our financial strength.' We have.a line pf_credit in the low seven figures', ,'of-which only'30% has been c'ommitted. .. ..>",.:::,~:. .'" . :_ _:." ;:~ ";_;~:';_ .;..~~'~ .~'~:;:._:.. . . :..~ _: .,' . . . _: :'. ~: .~.:" >..'. :' ." . . . ::n.. ~:,_ ~u~ ~:__ " ~:: We have"be'en "in :business for forty;"two . year s and the 'Lis t of "Cities 8ccompany'inFthisproposalhave~beeriserveds'olely' in the . str.eet sweeping -:capacity. The Cities 'range in size frol!l 6000 population 'to 'over 100,000. The .:length of contracts run from one to five :y'ears >and beyond. . Ple.~s,e .,note the lengtl).. o~s'ervice wi th all of l-ojir-~a:c'counts ;.,' Weare'''very pfoud bf this';-; ;.<:", .' ."";' ..~--~~~_:~~ .. ...._~_~;; ::~ '. : ~'~:',~~~!~~~'~'~.~i.:.~-',::~;': ..:.~~..:~.:-:...~...t~~~~';~-~~~f:}tF~~.~i;~~~::_::-~~:~.~:~:;:i,~~=~~;~~~"" '';~:,~-'' ._, :- ~.~~'." ;-~ . .-- ,.> . We. incorporat'e'cl :;in.::.California "in.~:1960.~'as "pe"i' : our . seal,." iin'd .in '" . .s,~: AX:~7~.~~..~:~~~;~&~l#t~~~t;1~<;J~~;~~F*1~]J~;jbt.:;~:, . :":::H~}€:l~>.~t:~: ". .'. ~J; In' r'egard';t6~tliur~~~i'i1~'pjj;en t, '.-';e' :~e'i't~er'-:cash :thein ouf:':ili:iinance . . them, but we'~never' le'a'se: --:_'~". :;'~:::"-"'~<':':-'" -. ~-~. ~. -:.. ',,:-~~.':~='-' - ,~~. .- The principal officers are as'follows: Steven L. Dickson, President, Treasurer .:'.: :;Scott B . Dickson , :'yice;"President, Secretary . . ..... . - '... .'j- ._..:..:. - .~'i :,"0. ..... , . - "'" ":4..,,. . " .~ ~..,:..,'- ,'. r-;: . - ,--, ----.'-..- .-: .?:i~:~~Hf;fJ;~;t~,riP~{~:~:~.::,: :.~~:%l~~~jtti{~;~... . . '...-" --::-:' ,;". ...... - .'- .:~~ :.. -.- .,. ... - -._.. .:.'~-~.:.:~.:..< ~-.;:. :..':;'. ,"' . . ....... . :.:?':~ . i~l- R.F. Dlcicaoj, COmp,iny JMunidPii swe.Ping~;-12524Cl8rk 'A"enue . ....;;"'~'.r'"~"'.,!~. "',Construction 'Cloan-up.'.Down'Y, CA 90242 ....;... ' ': ~.Swe.-r Sal.. - '&l . .' Pans .-;'d Servic. :: :: :1'i9 ... / " 213/923-5441 '.:..... 800/841.7994' .. ::<13 ~ I . . I I I I ~ I I a I I I I I I I I I ~ WELtS FARGO BANK South Bay RegIOnal CorntnofCiOJ BonkIng 0IIice 111 West Ocean Boulevard. 50.. 300 Long Beach. CA g0a02 (310) <91-80101FAX U1.e698 August 24,1992 city of Chula Vista 275 Fourth Ave. Chula Vista, CA 91910 Attn: Jim Espinoza SUBJECT: R. F. DICKSON CO., INC. Dear Mr. Espinoza: It is my pleasure to report to you that R. F. Dickson has been an esteemed customer of Wells Fargo Bank since 1987. All accounts are handled in a satisfactory manner. The company has available credit in the high six figure range and is in strong financial condition. If I can be of further assistance, please feel free to contact me at (310) 491-8044.. Sincerely, ~ -fqEilJtd;t Jean P. Schmidt Vice President _an__ 7;f" /? 73- 2- . . . I J , 1 I J I I I I J I I I i I ......e~.1 - -- - LIST OF CITIES SERVED BY R. F. DICKSON CO.. INC. CITY OF SANTA FE SPRINGS AL DELGADILLO 1958 11710 TELEGRAPH ROAD -SANTA FE SPRINGS, CA 90670 (213) 868-0511 CITY OFLAIEWOOD JOHN ALDEN 1965' ; . ~ '5050 CLARIAVENUE .-.' ,'," LUEWOOD, CA ,90712(213) 866-9771 ..:: - :;...::- .. t '._'~ ,- CITY 'OF LA MIRADA 13700 LA MIRADA BLVD. PERRYTRIGLIATTO 1965. LA MIRADA, CA .~<);~.i;'::':.-::,.,.. .. ',':">.90638 (213) 943-:0131' ..' ...;:,:,,:~';,~~>;'..;;:r.-_.~ :. .,_ _, ~'~~, ''''_'__~',_~ - ::'r--.:- - _. ~ ~~ ',~~:~'~~I:1~~~f;"-':""~:~ _0-' ". .' . CITY :OF_~SANTEE .'. ., ., ,<"~':: :' ;'.~' :....7,'~::10765 WOODSIDE AVENUE ....-,'JOHN;WELLS'.' .' 1983 .....:. __'.:~.>t:SANTEE, CA ..... , 'l-:b~~g~~'tt.:\;:<_ - .- ~ . :: ::'~-~?~0!..L::..(6.19) 562:-6153 , ::' :'.:COUNTY;OFLOS ANGELES ;~:_,_>~W'900'S.' FREMONT AVE: , :'.BID-':'5760 . . : .':'.,ALHAKBRA. CA :T.A;',TIDEMANSON 1990 91803 (818) 458-5100 _.,-,.,.... ..". . . CITY .OF IMPERIAL BEACH LINDA LEICHTLE. 1989 825 IMPERIAL BEACH BLVD. _ IMPERIAL BEACH, CA 92032 ' (619) 432-8300 ~ ::: '-'~._- .- . ..".- . '". ....... . ;.-)AHt}~'~t!:;t'.~,:" . '. ., . .:~.,:;f:~~-,_::"" . :;;:,:_~:::::f!,:F..Dlckaon Company .. ..,".... :'- '-t- ... '." . . .- " ~..;;-, .:~_:.. '::.j_:~: '.~ ,'. '...' ." .."; ~. ," :-<;-:..:~.~ .'-< -~~:.- :.~ :.i~.~,:..~.~'.';'::.:.' .', : Municipal S_ping ".' construction etean--up . sweeper Sale. Plrts Ind Sarvice '12524 CIlIrk AYtlnue',.- 213/923-5441 Downey. CA 90242 .. . . 800/941-7994 "9/j-/<t' 'B- 3 . . . . I . ~ I I J I I ~ I I I I I . - -- August 25, 1992 City of Chula Vista Purchasing Office Public Services Building 276 Fourth Avenue Chula Vista, CA 91910 Re: Street Sweepin2 Proposal Item 2-03 E Qualifications of Contractor Since 1984 we have had a field office, and maintenance facility in the City of Santee. We still operate all service request and radio dispatching out of our Corporate headquarters to insure quality control. If awarded this contract, we will locate a new light maintenance facility, and field office in the South County in close proximity to the City of Chula Vista. Item 2-04 Equipment Enclosed with this Proposal please find our equipment list. If awarded this contract, we will furnish three (3) new 'Mobil Sweepers' within sixty days of award of contract. Sincerely, R.t7 DICKSON COMPANY, r 11~~' Steve Dickson President INC. SD:lp R.F. Dicklon Company Municipal sweeping Construction Clean-up Sweeper Slle. Pans and Service 12524 Cllrk Avenue 213/923-5441 Downey. CA 90242 8001841-7994 9,.1"'/1 c-/ I I - ! . \ .. -- , , , 1 = I EQUIPMENT LIST !!!! REMAINING ANTICIPATED LIFE I MACHINE I MODEL J 74 MOBIL 2TE3 1977 2 US. 78 "" :.:. .-.~.;.~.-",'.: . r...;;:a~~\.~.~tr~!~j~f.',.,';:'~:: . ,....,... ." I 75 I 81 '82. MOBIL: 2TE31977 2 US. J. .~. --~87:" ,.-_.r:;:MOliiL:.2TE4 ,c._'.;).9~~ ,.': ,""",~:~~"~;,'':'~6US . . '.:. _. ""~":;;',;:'.':'-r.;'"+-~;;,:i;~"~~~~;"'",/,'~~~\i.W,;{,;' ~'"l~~~~!:~;~!~,,<::;;;;,--;:,':'" ",' I .- .,_~~.:.:t.,.._~lt88 :;.,:,:,:,;;~';i:JMOBIL _~TE4 :~~;;"'1982 r.';,~~:.4~';~i:~.:i\:"'!J!6 :YRS. "'~.. , :- . . '-' j~i.o ~~;;;;.f;:j- ;,~~.,';;" _:::'::i:i:-h;:;.:;:>,:oJ~;'j~3-'t':-::.~ '. ~~.::<~';J}~~I;:~~;,i:~~:'_:- .../ ',: .: : '. . -.:";'=":-J:,,"'''.r.89 :'~;:","..__' MOBIL.. ~TE4 ::":r1.982 '~O""" ,:~:.~}i:'.f:c,!:,:~,,,-'j,-,6 'fiS. ".... . '-7:1~~;!~fi~,~~'~~:~{~~~"-~3.i,~..'~}~~~~11'~~~ ':;"'.'.~~i~l.':~;::f~~-~':~RS'.:--;'" ". :91 ..' MOBIL2TE4 1982 .6US. I I '. 1982 6 US. 6 US. .... ,6 US. 7 US. ' 92 MOBIL 2TE4 MOBIL 2TE4 1982 I 93 "94:: :: .. .. ".. .'.~ ",.,-..-'.. ., . ...,.~.'. .,..-' '-'. . ':~..~:.',f_ 1982,';': - . '. ",,'-0- ,._', ." ;,..., ,-' ., :;:t9'~3"-:~"'~:') .-. .~.. . I '95 . - . .. :: MOBIL' 2TE4 . ........ " .-.. ...-., ,~_:~,"'f:.-~'~~<:.!. ~ MOBII/.2TE4 \", .-'.-.'. .," ..... . " I .-::~- :.. I t''''. I \ . .; .,'.---. ......... .... ..... . . .."t~~it~~t;~~li~~~if~*4:~;~:r~;{>L"~:: .. ... _ ", ,~:::;~.:..,::R.F. Dlcklon Compllny~Munlclpal S_plng <.:~ 12524 Cllrk "venue ,- '. .,:213/923-5441 ",-:;;7' ';.:"...... '.'. .'. .-':c"ConstructiOn Cleln-UP ':':Downey. CA 90242,' , 800/841.7994 '".' . '. ":~::'::dS~~~' .. '9/1",jtJ {)-,tl. . . . . I . I J I I I I I I I I I I' 1-.... r~i~\o:.:_ I~....."..:- :{.~E;}~ I. ......... ...,-...:.. " '.;:~'''': -;" .~.~.n~J EQUIPMENT LIST CON'T HACHINE I HODEL ill! REHAINING ANTICIPATED LIFE 120 TTHCO 600 1985 8 TiS. 121 HOBIL ITE3 1978 4 TRS. 122 TTHCO 600 1985 8 TiS. 123 HOBIL 2TE3 1985 8 TiS. 124 TTMCO 600 1985 8 TiS. 125 MOBIL 2TE3 1981 5 TiS. 126 MOBIL ITE4 1978 4 TiS. 127 MOBIL 2TE3 1977 2 TiS. 130 MOBIL 2TE4 1975 2 TiS. 131 MOBIL 2TE3 1979 5 TiS. 132 MOBIL 2TE3 1979 5 TiS. 133 MOBIL 2TE4 1980 6 TiS. 134 MOBIL 2TE4 1974 1 Ti. 135 MOBIL 2TE3 1977 3 TiS. 136 HOBIL 2TE3 1979 5 TiS. R.F. Dicklon Company Municipal Sweeping Construction Clean-up Sweeper Sales Parts and Service 12524 Clark Avenue Downey. CA 90242 213/923-5441 800/941.7994 ?&-.2/ C-3 I . t I I I I I I 1-:.'. ';J.....; . I~f'-':" . "?:'" __ ,__ 146:. :." TYMCO 600 . . 1988 '.' . . 'J~1~:'{-'~~~fK~;t;{Ih;-:~:~~:~~i~;~;;f;~~-f#....'.~:~~.;t~':',. ;'." I if~fY.' "~,-:::,,,: ~~.~.c1~.:..-;~n~~T{1r~:?~~.-..:;:~~:~.-9~.2.. .. /,,;;,.....'....:;,. . ..149,.c""..:.MOBIL 'ABD-2:~.,Z'..l989 ".c ~~~~::'~. "" .-' -;'.;"~'- ':~'~.:" ",-~-~,_~,*,~,~''':-~''~\_;'''.0:':::'-',:'' ...... . I' . .. . 150 "'. .' MOBIL ABD-2 . '1989 .,. ". . I 0"'..' .... ..~.:.~..':. '.'- . .~_~en~J EQUIPMENT LIST CON'T MACHINE I . !!!! REMAINING ANTICIPATED LIFE MODEL 137 MOBIL 2TE4 1980 139 TIMCO 600 1981 140 MOBIL 2TE3 1979 141 TYMCO 600 1982 . "" .143:.... .: MOBIL 2TE3 .. .. ."~' -" ...., ~'~ :..~.- ......,..-.. - - " '- . '. .144 :<'-' '.'UHC0600 .:, -i:r}~i:'<:{~:~~~~-":,-~:';;~' ~~~>~'-:"..t.-:.- "~{':..::.": ' . "145_;' '.: . TYMCO 600 , .1984 ";i":-.'.--:"'.':';' :::.<1988 "-,,-: . 1988 C,', 151 MOBIL ABD-2 .1989 152 . MOBIL ABD-2 . 1989 MOBIL 2TE4. .1980 .. 154 . . TYMCO 700 1986 .; ..' .. 155. SLIDE BED 1990 .-"... ....'.,. ....', ,". ~. ',:;. ",".- . 6 IRS. 5 IRS. 5 IRS. 6 IRS. 8 IRS. .10 IRS. 10 IRS. 10 IRS. .,.,".. . .... .., 7.YRS.' ..7 IRS. 10 IRS. 10 IRS. 10 IRS. 10 IRS. 5 IRS. 5 IRS. 10 IRS. '-;"'": '. 12524 Clark Avenue ':Downey. CA 90242 .:: '~~..' . 213/923-5441 , '. 800/841-7994 - ....,-,;. . .. 9fi ., .2~ e--tj . . . . . . . . I I U .~.~en~ WE ALSO UTILIZE FOUR (4) 10 WHEEL MAC~ FRONT END LOADERS 162. 67. 68. 69 AND ONE (1) FORD 2 AXLE FRONT END LOADER 166. WE HAVE APPROXIMATELY TEN (10) SERVICE TRUC~S AND PIC~-UPS. AND INCIDENTIAL EQUIPMENT. . .....,.... - . . .'.. - - ~... - ... -,.- .' '. ~ - ,4 . '- ALL OF.OUR EQUIPMENT IS PURCHASED. NOT-LEASED.' ..:_.. ;'{:.-',:":.~.~.' ".i" .~:_;". .~:_ . _~<\'.':,-,.:,"! '~'_" ...:~:~:-. '_. .' ,.:' . "ALL' OF OUR'"EQUIPMENT .ISEQUIPPEDWITH RECORDING HOUR TACHOGRAPHS AS WELL AS TWO-'WAY RADIOS.'.. _:,~.,. . METERS. I...~.~ .-:...:~ .. _7 ~ . I I I. -..- ~""--".:-.-.... -.. '_;:';;'~~:."'::'''~'':'-_'-'''-' .. .-.'~' .; ~~~;t;:;~:~;~ ~.':,,:"i..:;:"';:'::~:"' ,~.:;~S:;;i;.~:i?:i~~~Ti;,i;~'~:~~;"'~:" ..;'..,~~, -" .. ..d._. .-_. ~ ,-,. ".:.~-"'~'~~''f.:.~~~::_;.1. "_. .>" .....;:~..:...._-.. _. ", .,. "_"_"'_ . . . '-,r- -:,.-;. .. " . ~'-- _ .~ _ .," _,. . - ",- . -.--:':: ";. ." ~ "'_' -.r- .:t. -- ...;,.. . - .,-. . ..:-. " -: . .. ......,... - ". ; . .- ..,~ . : . .." '." " . . . . - .. ;:, '. :~':.: .... . . , . 1"::2;-~:" :~i.~l~~: ~~.:-:" ..:::': ~~:'.. . : . - .' ":-,fi:':'" .'.. . " R.F. Dickaon Compllny "'-~,~.~. . :'~~..;;i;~~;:..! ~~:~>:_:;.:: . . 1,' . . ... ..... .. -.. ...,:'.~;-. -. . ;.;..-........:.'.... .Munidplll Sweeping :. ConstrUction Clean-up . . Sweeper Sales , Pans and Service 12524 Clark Avenue . Downey. CA 90242 213/923-5441 800/841-7994 9/?, :2J C-5' EXHIBIT '0' EXHIBIT '0' PROVIDING A LIST OF STREETS SWEPT AND FREQUENCIES OMITED DUE TO LENGTH OF DOCUMENT 'M~.2 'I /9/1 ~ Jf() ~~94 September 22, 1992 From: The Honorable Mayor and city Council Bruce M. Boogaard, city Attorney~ John Goss, City Manager ~ Council Agenda Item ~ Dickson Street Sweeping Agreement To: Re: It is the recommendation of the City Attorney and City Manager that the Council authorize the execution of the attached agreement substantially in this form (which is marked for changes) with the authority being granted to the city Manager to modify the dump fee adjustment section, starting at Page 8, section B, to allow the pass-through of annual dump fees without overcompensating the contractor similar to the manner in which Laidlaw receives pass- through adjustments for dump fee increases on the residential trash franchise. 7 /'l~;<? Ey /f/8/IS A- -r !fI(u E '1{'f;1vf A / N ~ c!Jt rY7 E 9/1 - f/Cl EXHIBIT F C. All equipment shall be equipped in accordance with existing State law and shall be equipped with a flashing light with the following characteristics: 1. Visible for a minimum of one mile. 2. Flash 60 to 90 times per minute. 3. Mounted for 360 degree visibility. 4. Equipped with amber lens. D. Equipment shall be kept clean at all times. E. Mechanical brushes and brooms shall be maintained in proper condition and shall be replaced as recommended by the manufacturer or when pick-up ability becomes impaired. F. All street sweepers shall be equipped with adequate water systems for dust control. G. All street sweepers shall be equipped with a 12-hour tachograph that indicates travel time, speed and sweeping time through an indication of broom-down time. H. Adequate support equipment shall be available including debris transfer vehicles, pickup trucks, service trucks, tire trucks, and any other item of equipment necessary to provide sweeping services as described in these specifications. I. All equipment (including support equipment) to be used by the Contractor shall be listed as a part of the detailed inventory section of the Contractor's qualifications supporting data. All such equipment is subject to the inspection and final approval of the Department. Such approval may require on-site demonstration of the capability of any proposed equipment. J. The Department shall have the option to perform a complete inspection of all vehicles at any time throughout the term of the Contract. Should any vehicle, when inspected, and in the determination of the Department, not meet standards that the Department feels are necessary to complete the Contract or to operate safely, the Department may require such vehicle to be brought to standard before being placed back in service. ~~-l/I EXHIBIT G z.:.li HOLIDAYS AND INCLEMENT WEATHER. - When inclement weather, in the opinion of the Director of Publ ic Works/City Engineer, .prevent,s adherence to the regul ar sweepi ng schedul e for two or less days 1n a glVen ~ee~, the sweeping areas so affected by the inclement weather shall be swep~ w,th,n the following one week period from the date of the scheduled sweep1ng. without interruption of the regular sweeping schedule. T~e Contrac~o~ shall perform all extra work required by such inclement weather w1thout add1t10nal charge. As to holidays, when any holiday or observance as specified in the Government Code of the State of Cali fornia occurs on a regul ar schedul ed sweeping day, the area shall be swept within two days from the regularly scheduled sweeping day without interruption in the regular sweeping schedule. In the event the Contractor is prevented from completing the sweeping as provided in the schedule because of reasons other than inclement weather, the Contractor shall be required to complete the sweeping services so deferred prior to the next regular scheduled date. or give the City credit for the work not so performed at the rate specified in Paragraph 2 of the Agreement. The Contract shall submit daily reports to the Director of Public Works/City Engineer detailing the streets and intersections swept. 9/l / y;2 cr ~ /~v~e After receipt of a Notice of Termination, and except as otherwise directed by the City, the Contractor shall: 1. stop all work under the agreement on the date and to the extent specified in the Notice of Termination. 2. Place no further orders or subcontracts for materials, services or facilities, except as may be necessary for completion of such portion of the work under the agreement as is not terminated; J. Terminate all orders and subcontracts to the extent that they relate to the performance of work terminated by the Notice of Termination; 4. Settle all outstanding liabilities and all claims arising out of such termination or orders and subcontracts, with the approval or ratification of the City, which approval or ratification shall be final for all the purposes of this clause. After receipt of a Notice of Termination, the Contractor shall submit to the City a termination claim, in the form and with certification prescribed by the city. Such claim shall be submitted promptly but in no event later than SIXTY (60) days from the effective date of termination, unless one or more extensions in writing are granted by the City upon written request of the Contractor. The total sum to be paid to the Contractor shall not exceed the total otherwise due contractor as herein provided, less (in the event of default by contractor), any damages City may suffer by Contractor's default. III. Duties of city A. Compensation On the condition that city receives an Invoice for service, together with the required Proof of Service, City shall, 1. First Year of Service. during the first year of the Term of this Agreement, pay compensa- tion to the Contractor monthly for service properly rendered, dur- ing the previous month, at the rates set forth on the attached Ex- hibit E, based on the frequency of sweeping and the type of facili- Stswecp4.wp Septembe,22. 1992 Draft Aerccmcnt for 92-95 Street SweepiDa: Pile? 9A-i/J ty swept during said month. $1.50 of which shall be deemed to be the component of the rate needed to pay for the Contractor's cost of dumpinq collected debris ("Dumpinq Component for First Year"). and the balance of which shall be deemed to compensate the Con- tractor for all other costs and profits ("sweepinq Component for First Yearn); and, 2. Second Year of Service. during the second year of the Term of this Agreement, pay compen- sation to the Contractor monthly for service properly rendered, during the previous month, at the rates set forth on the attached Exhibit E, based on the freauencv of sweepina and the tvpe of facilitv swept durinq said month. increased as follows: The Sweep- inq Component for the First Year shall be multiplied times one (1) plus the cost of living increase as measured by the increase in the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor statistics, between July of one year and July of the subsequent year, last preceding the anniversary of the new year of the Term, not to exceed 6% in any single year (nSweepinq Component for the Second Yearn), and the Dumpinq Component for the First Year shall be increased at such time or times durinq the Second Year of the Term as the per ton rate for dumpinq debris at the otav Landfill is increased. and then bv the percentaae increase in such per ton rate (nSweepinq Component for the Second Yearn); and, 3. Third Year of Service. during the third year of the Term of this Agreement, pay compensation to the Contractor monthly for serv~ce properly rendered, during the previous month, at the rates applicable in the preceding year, based on the freaeuncv of sweepinq and the tvpe of facility swept durinq said month. increased as follows: the Sweep- ina Component for the Second Year shall be multiplied times one (1) plus the cost of living increase as measured by the increase in the All Urban Consumers/All Items Component of the San Diego Metropol- itan Area Consumer Price Index, as published by the Bureau of Labor Statistics, between July of one year and July of the subsequent year, last preceding the anniversary of the new year of the Term, not to exceed 6% in any single year (nSweepina Component for the Third Yearn), and the Dumpina Component for the Second Year shall be increased at such time or times durinq the Third Year of the Term as the per ton rate for dumpinq debris at the otav Landfill is increased. and then bv the percentaqe increase in such per ton rate (nDumpina Component for the Third Yearn) eased al'l the fFeE!l1ilel'le:l af o~.;CCpiR~ afu:1 the type af facility t:n:cf't ElliFiRlJ oais meRtR; and, 4. Option Years. Suweep4.wp Draft Agreement for 92.95 Sired Swccpm, September 22, 1992 PAlC 8 9/J-t/tj during any portion of the option Years in which the City shall exercise its option to renew this Agreement, pay compensation to the Contractor monthly for service properly rendered, during the previous month, at the rates applicable in the preceding year, increased as follows: Each year's Sweepinq Component for the prior vear shall be multiplied times one (1) plus the cost of living increase as measured by the increase in the All Urban Consumers/All Items Component of the San Diego Metropolitan Area Consumer Price Index, as published by the Bureau of Labor statistics, between July of one year and July of the subsequent year, last preceding the anniversary of the new year of the Term, not to exceed 6% in any single year, and each vear's Dumpina Component for the prior vear shall be increased at such time or times durina said option Year as the per ton rate for dumpina debris at the Otav Landfill is increased. and then bv the percentaae increase in such per ton rate, or, if the parties agrees, at such other rates or prices as the city and Contractor may mutually agree upon; and, Contractor shall properly and fairly account to City for all dump charges incurred for dumping CV street Debris on a month Iv basis during the Term. Contractor shall provide city with copies of all dump tickets incurred each month of the Term, and an accounting summary of same. IV. Additional Street sweeping Work and Compensation On the written request of the Public Works Director to extend the sweeping program to include streets constructed after the effective date of this agreement, or other streets, alleys, parking lots, or other locations not set forth in the attached Exhibit D, or to perform any additional special sweeping, Contractor shall promptly, in the manner requested, and according to the performance standards herein set forth, perform said sweeping, and upon doing so shall be compensated as follows: A. Parking Lots or other non-street areas: The then current price per square foot paid to Contractor for sweeping scheduled parking lots. B. streets: The then current price per curb mile paid to Contractor for sweeping scheduled streets of the same type and frequency. C. Special Event Sweeping. $65.00 per hour for the first year of the Term, increased by the same cost of living increase factor in subsequent years of the Term, including Option Years. V. Miscellaneous provisions Stsweep4.wp Sep~ber22. 1992 Draft Agreement for 92.95 Street Sweeping Plge 9 ~. 7/1-f/~ SWPEXE.XLS ~ , "t\ EXHIBIT E COST PER CURB MILE FOR STREET SWEEPING SEVlCES I I FREQUENCY OF SWEEPING ONCE EVERY TWO TWICE 3 TIMES ONCE PER MONTH WKS ONCE PER WEEK PER WE~ PER WEE~ TYPE OF SWEEPING CURBED STREETS $12.74 $12.24 $11.99 $11.99 CENTER ISLANDS AND MEDIANS $13.25 CENTER LINES $13.25 NON-CURBED STREETS $13.50 PARKING LOTS (COST IS PER 100 sa FTl . $0.089 $0.084 Page 1 9/18/92 1:10 PM RESOLUTION NO. 1/'~/7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING FOURTH AMENDMENT TO THE CITYWIDE STREET SWEEPING AGREEMENT WITH LAIDLAW WASTE SYSTEMS, INC. TO PROVIDE STREET SWEEPING SERVICES THROUGH DECEMBER 31, 1992 NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby approve the Fourth Amendment to the Citywide Street Sweeping Agreement with Laidlaw Waste Systems, Inc. to provide street sweeping services through December 31, 1992, a copy of which is on file in the office of the City Clerk. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Fourth Amendment for and on behalf of the City of Chu vista. Bruce M. Attorney by c~ Presented by {!~ {;Pi~lJf~ of Public Works F:\home\attomey\suwrep 98-/ /tJ4-:J" FOURTH AMENDMENT TO AGREEMENT WITH LAIDLAW WASTE SYSTEMS, INC. FOR CITY-WIDE STREET SWEEPING This Agreement, dated this f - 1- 2- , 1992 for the purposes of reference only, and effective as of the date last executed by the parties ("Effective Date"), by and between the City of Chula Vista, California, a chartered municipal corporation of the state of California, and Laidlaw Waste Systems, Inc., a California corporation, hereinafter referred to as Contractor, is made with reference to the following facts: Whereas, City and Contractor entered into an agreement dated September 15, 1987, and entitled Agreement for the Purposes of Street Sweeping ("Original Agreement"); and, Whereas, the Original Agreement was modified to amend Section 2, "Compensation" by a Second Amendment to Agreement dated August 6,1992 ("Second Amendment"); and Whereas, the Original Agreement was modified to amend Section 1 "Term of Agreement" by a Third Amendment to Agreement, dated August 25, 1992 ("Third Amendment"); and Whereas, the parties desire to extend the Original Agreement as modified by the Second and Third Amendments. Now, therefore, the parties do agree as follows: 1. Section 1, "Term of Agreement" of the Original Agreement is hereby modified to extend the term to December 31, 1992. 2. Section 2, "Compensation" of the original Agreement is hereby modified to $14.58 cost per curb mile. 3. All other terms and conditions of the original Agreement, shall remain in full force and effect. (End of Page. Next Page is Signature Page.) 96'3 Signature Page to Fourth Amendment to Agreement with Laidlaw Waste Systems, Inc. for City-wide Street Sweeping In witness whereof, the parties hereto have executed this Agreement in duplicate at Chula Vista, California, as of the date and year adjacent to their signature, thereby indicated their full and voluntary consent to the terms of this Agreement. Dated: CITY OF CHULA VISTA By: Tim Nader, Mayor Attest: ity Clerk IO Booga rd, City Attorney Approved as to con ent: ~e~~. DaV1d C. Byers, eputy D1rector of Public Works/Operations Dated: Laidlaw Waste Systems, Inc. By: P:\L&icIIaw3 9/J"'l COUNCIL AGENDA STATEMENT SUBMITTED BY: Item 10 Meeting Date 9/22/92 RESOLUTION l/Pg I ~e-certifYing EIR 87-2 Otay Rio Business Park and approving Uncontrolled Embankment Agreement for fill at Chula Vista Tract 87-6 Otay Rio Business Park -Phase 2 Director of Public Work~ - 1/ City Manager 16 ~ ~r (4/5ths Vote: Yes_No_X.J ITEM TITLE: REVIEWED BY: Amalgamated Citrus Growers, herein known as the developer, has requested permission for an uncontrolled embankment at Chula Vista Tract 87-6 Otay Rio Business Park - Phase 2. According to Section 15.04.285 of the Municipal Code, all uncontrolled embankment agreements must be approved by Council prior to issuance of the grading permit. RECOMMENDATION: Adopt the subject resolution re-certifying EIR 87-2 Otay Rio Business Park, authorize the Mayor to sign the agreement on behalf of the City, and direct the City Clerk to have the resolution and agreement recorded. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The soil comprising the uncontrolled embankment has been contaminated with used, processed oil. Approximately 31,000 cubic yards of contaminated soil was discovered during the grading operations for Otay Rio Business Park - Phase 1, and was subsequently relocated and stockpiled on Phase 2. The developer has determined that it would not be feasible to remove the soil from the City boundaries. The firm of Nechant Environmental was contracted by the developer to determine the degree of toxicity of the contamination, provide methods to recycle the contaminated soil (mitigate the detrimental effects of contamination, so that the soil may be kept on-site and reused), and prepare a written report on their findings and recommendations. Nechant Environmental has since dissolved, and the developer is in search of a qualified environmental consultant to carryon the work originally contracted out to Nechant. Uncontrolled embankment, as defined in Section 15.04.010 of the Municipal Code, is land development on which no soil testing was performed or no compaction reports or other soil reports were prepared or submitted. The applicant must enter into an agreement stating that no building permit may be issued for the site until a soil test is performed and approval is given. The agreement must be approved by Council and then recorded against the title of the property before the property owner can proceed with the uncontrolled embankment. Approval of the agreement, along with the fulfillment of other requirements, will enable issuance of the grading permit for uncontrolled embankment. Since the contaminated soil is stockpiled in an area that the City intends to purchase, the developer proposes to relocate the stockpile within Otay Rio Business Park - Phase 2, but /0-/ Page 2, Item I () Meeting Date 9/22/92 out of the area that the City intends to purchase (see Exhibit nAn). The scope of Final EIR-87-2 Otay Rio Business Park encompassed both phases, 1 and 2. Although this EIR did not contemplate the uncontrolled embankment, staff has reviewed and found it adequate for the granting of the grading permit for uncontrolled embankment. Council must re-certify that the EIR has been prepared in compliance with the California Environmental Ouality Act, the State CEOA guidelines and the Environmental Review Procedures of the City of Chula Vista in order to approve the uncontrolled embankment. The approved plans require that a 10 mill visqueen material membrane be installed between the embankment and the ground to prevent leaching of water into the ground and water table. The plans also state provisions to hydroseed the embankment and install sandbags along its perimeter to prevent erosion of the embankment. Surface water from the embankment will be concentrated in swales and routed to a point where the water will sheet flow in the natural direction of drainage for this area. This natural direction is toward the area the City intends to purchase. In addition to the provisions of this agreement, the City Attorney has provisions in the purchase agreement for the parcel the City is considering purchasing which addresses the developer's responsibility to clean up the parcel prior to the close of escrow. This agreement includes provisions for the following: 1. The fill deposited shall be designated as an uncontrolled embankment and constructed per the approved plan and grading permit. 2. The developer acknowledges that the site is not eligible for a building permit. 3. The uncontrolled embankment work shall be done and maintained in a safe and sanitary manner at the cost of the owner or his successors in interest. 4. All necessary work to recycle the contaminated soil shall be processed and permitted by the proper agencies in the State of California. This work shall be based upon the developer's environmental consultant, and the owner or his successors will incur all costs associated. 5. A hold harmless clause holding the City harmless for any action which may result from action performed by the developer under the permit or agreement. 6. A provision which requires the developer to clean up any contaminates or other hazardous materials which may leach or be washed onto the adjacent parcel the City is considering purchasing. The owners have executed their portion of the agreement and the grading plan has been approved by this department. FISCAL IMPACT: None. 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":I!i-f:e _: I::::::: I;;:;: !~jH~~;1 !;tid!~t ii ~~!iH I ~nl.! uhua~;: ~.:i:_:L =: ~e:!!:'=t '"'' ~ -i~ ii ::; ii ::~ II! ~I, :-- i;'.5ii ,;! :~J I~~ -=s - i~!i~ ,~.~', ~~:; !~i ":, ..-.~ t- _il-. . ~:~: :;::: Hs; : ~~~~ ~;i ~~i~ i" .. , ! .. EXHIBIT A /~- 'I ~'jtMla- ~~ x" , /: Z " ;;; s " . ~~ ~~ h ~i ". ~~ 0' ... .. <, .. ~~ ~~ il Ii ( , " ~~ .~- ~ ! . , , , . I I ; 'i ~ ! f: i " I if H i ~ .. _.~ =~'I >~,.:. <.. c;... h~ ,~ 0""11' . ~ E;~ I . ! L ! I ! ! I :1 ~ j 1, . ~ ~ ~ : ~. -.. .:.-- ~. '~- !! .' ;' ~ I! , 'l : 'Ii~ ' -';,.I ~H: wh- ~I!. "'I" ;t, II; . II ~ ~ ~ I . ^ H C?- ~H l~l .~ =--- co - ..... __ PROP"CE'P C'T,! ?M(~I- PHASE. 2 IHfA ..... THE ~rrAiNE0 Ai2E:/\ PARTNERS UNCONTROLLED EMBANKMENT PLAN FOR CHULA VISTA TRACT B7-6 OTAY RIO BUSINESS PARK - PHASE 2 BIt . ""~~au. ".. ..." ".-t 11MIIU~, 1CMt. .,., lUll"" RIl. L "'1IJImt __,IU <<l:TW i#tIf -..m ::.~~~~#::.~ .- .elM.""'''''''''''''' lAST ~ ." .- TW IftIT'" 111<< -- .I. IIIJ1M1.,".........u..JrAId!Zt '" 11/IE"1PII/I1III TI/flIl'''--_RittI' -- ~-~ .-.- ~ - - - DETM.I .ILl .,,,, ,., TH'1(M. <</fOLD ~ ."'<r g- . --, ~"'''' ~ .. ':::=- ",_IN.. ---,. -- DeTAIL' M(TNJf A.A .NML .' :-~<~~" ", ..,.....', ". , '. ,~: . .... "," " ''', ",' ~,., >'(';-.'~""<'" '., .....~ ".' "'. .... ",,, " ' I' \", '." .. '. . .. . ". . :. " ,',-'. ,. ,.. ,'\' \ \. , I \ - ....~ '...-. F'UTURe:-tlItIT~ ~::. 4 PER. CHUL.A - VISTA -TRACT D7.-a , .,..- -, t....~:-....-:..-n:t'....,~1to .flAM.... -"YJ~.t.:.' "".... 'T"' ;1- --- ..... .......r..- 1 :c'j-;;"1tm== C.,,. Of eMU"'" YII'''' .....11_.....""..., ~ D~lIUJI'MJf(JII: OlJI.A WSTA rutT '7-' 1U11114U111ESJ MAX t._ .. .,..~u."'" - . _...~.- .~- EXHIBIT "B" THAT PORTION OF THE SOUTH HALF OF SECTION 20 TOWNSHIP 18 SOUTH RANGE 1 WEST SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF. IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH HALF OF SECTION 20; 1. THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 86052'53" EAST 3035.80 FEET TO THE WESTERLY LINE OF OTAY RANCHO; 2. THENCE ALONG SAID WESTERLY LINE SOUTH 18037'06" EAST 2172.76 FEET; 3. THENCE LEAVING SAID WESTERLY LINE NORTH 86009'00" WEST 462.61 FEET; 4. THENCE NORTH 82059'18" WEST 519.90 FEET; 5. THENCE NORTH 67050'29" WEST 324.12 FEET; 6. THENCE NORTH 51019'35" WEST 86.98 FEET TO THE BEGINNING OF A NON-TANGENT 512.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY A RADIAL TO WHICH BEARS NORTH 38040'26" EAST; 7. THENCE ALONG SAID CURVE 335.06 FEET THROUGH A CENTRAL ANGLE OF 37027'31"; 8. THENCE NORTH 88047'05" WEST 1295.75 FEET TO THE BEGINNING OF A TANGENT 287.50 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY; 9. THENCE ALONG SAID CURVE 95.23 FEET THROUGH A CENTRAL ANGLE OF 18058'45"; 10. THENCE NORTH 49036'29" WEST 198.52 FEET TO THE BEGINNING OF A NON-TANGENT 287.50 FOOT RADIUS CURVE CONCAVE NORTHEASTERLY A RADIAL TO WHICH BEARS SOUTH 60035'22" WEST; 11. THENCE ALONG SAID CURVE 20.03 FEET THROUGH A CENTRAL ANGLE OF 3059'33"; 12. THENCE NORTH 25025'05" WEST 166.01 FEET TO THE BEGINNING OF A TANGENT 512.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 13. THENCE ALONG SAID CURVE 269.59 FEET THROUGH A CENTRAL ANGLE OF 30008'20"; 14. THENCE NORTH 55033'25" WEST 83.49 FEET TO THE BEGINNING OF A TANGENT 612.50 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; 15. THENCE ALONG SAID CURVE 231.41 FEET THROUGH A CENTRAL ANGLE OF 21038'50"; 16. THENCE NORTH 77012'15" WEST 5.25 FEET TO THE WESTERLY LINE OF SAID SECTION 20; 17. THENCE ALONG SAID WESTERLY LINE NORTH 0024'08" EAST 1156.15 FEET TO THE POINT OF BEGINNING. EXCEPTING THEREFROM PARCELS 1 AND 2 DESCRIBED AS FOLLOWS: PARCEL 1 THAT PORTION OF THE SOUTH HALF OF SECTION 20 TOWNSHIP 18 SOUTH RANGE 1 WEST SAN BERNARDINO MERIDIAN ACCORDING TO THE OFFICIAL GOVERNMENT PLAT THEREOF. IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGD, STATE OF CALIFORNIA DESCRIBED AS FOLLOWS: 1(/-7 BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH HALF OF SECTION 20; 1. THENCE ALONG THE NORTHERLY LINE THEREOF SOUTH 86052'53" EAST 1725.00 FEET TO THE WESTERLY LINE OF OTA Y RIO BUSINESS PARK UNIT 1 ACCORDING TO MAP 12458 FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO; 2. THENCE ALONG SAID WESTERLY LINE SOUTH 05049'22" WEST 262.12 FEET, TO THE BEGINNING OF NON-TANGENT 1636.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY A RADIAL TO WHICH BEARS SOUTH 05049'22" WEST; 3. THENCE ALONG SAID CURVE 40.71 FEET THROUGH A CENTRAL ANGLE OF 01025'32"; 4. THENCE SOUTH 04023'49" WEST 72.00 FEET TO THE BEGINNING OF A NON-TANGENT 20.00 FOOT RADIUS CURVE CONCAVE SOUTHERLY A RADIAL TO WHICH BEARS SOUTH 04023'49" WEST; 5. THENCE ALONG SAID CURVE 31.14 FEET THROUGH A CENTRAL ANGLE OF 89012'41"; 6. THENCE SOUTH 03036'30" WEST 629.43 FEET; 7. THENCE NORTH 86052'53" WEST 1637.85 FEET TO THE WESTERLY LINE OF SAID SECTION 20; 8. THENCE ALONG SAID WESTERLY LINE NORTH 0024'08" EAST 983.07 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THE FOLLOWING PARCEL: BEGINNING AT THE NORTHWEST CORNER OF SAID SOUTH HALF OF SECTION 20; 1. THENCE ALONG THE NORTHERLY LINE OF SAID HALF OF SECTION 20 SOUTH 86052'53" EAST 690.00 FEET; 2. THENCE SOUTH 0024'08" WEST 330.00 FEET; 3. THENCE SOUTH 68029'09" WEST 742.91 FEET TO THE WESTERLY LINE OF SAID SECTION 20; 4. THENCE ALONG SAID WESTERLY LINE NORTH 0024'08" EAST 640.00 FEET TO THE POINT OF BEGINNING; ALSO EXCEPTING THEREFROM THE FOLLOWING: ALL OF THE PARCELS WITHIN OTAY RIO BUSINESS PARK UNIT 1 IN THE CITY OF CHULA VISTA, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA ACCORDING TO MAP NO. 12458 FILED IN THE OFFICE OF THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO ON SEPTEMBER 20,1989. (WAU3IEXHIBIT.MSCl /tJ-g' RECORDING REQUESTED BY: CITY CLERK When Recorded, Mail to: CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, Ca. 91910 Assessor Parcel No. 645-020-11 li'nr n"T~,..t",' naD n,."y AGREEMENT REGARDING UNCONTROLLED EMBANKMENT THIS AGREEMENT, dated this day of , 1992, for the purposes of reference only, and effective as of the date last executed by the parties, is made between THE CITY OF CHULA VISTA, a chartered municipal corporation ("city"), and OTAY RIO BUSINESS PARK, a California joint venture consisting of AMALGAMATED CITRUS GROWERS, INC. and THE CHILLINGSWORTH CORPORATION (" Developer"), and is made with reference to the following facts: WHEREAS, Developer is the owner of Chula vista Tract 87-6, Otay Rio Business Park - Phase 2 ("Phase 2 Area"), also known by Assessor Parcel Nos. 8 and 11, shown and labeled on the attached Exhibit A (which Exhibit A is incorporated herein by reference) as "Phase 2 Area"; and, WHEREAS, the City entered into an agreement to acquire that portion of the Phase 2 Area for a prospective corporation yard which is shown and denoted, for the purposes of reference and not legal precision, on the attached Exhibit A as "Proposed city Parcel"; and, WHEREAS, that portion of the Phase 2 Area which does not include the Proposed city Parcel shall be retained, for the time being, by the Developer, and shall be herein referred to as the "Retained Area". The Retained Area is the subject matter of this agreement for the purposes of recording, and no part of the Proposed city Parcel is deemed to be encumbered by this agreement. The Retained Area is legally described as Exhibit B. WHEREAS, Developer owns the Otay Rio Business Park - Phase 1 which is adjacent to the Property, and in the development of said Phase 1, discovered approximately 31,000 cubic yards of contami- nated soil ("Soil") during the grading operations on said Phase 1; and, WHEREAS, in the grading of Phase 1, at such time as Developer 1 1&~9 came across said Soil, the Developer excavated and extracted said Soil and removed same to a pile on the Phase 2 Area at a location on the Property shown on Exhibit "A" with the denotation "First Pile"; and, WHEREAS, the First Pile is on that portion of the Phase 2 Area which is also the Proposed City Parcel, and in order to accommodate the sale of the Proposed City Parcel to the City, Developer desires to remove the Soil from the Proposed City Parcel to a pile ("Second Pile") on the Retained Area, which is not subject to sale to the city; and, WHEREAS, the approximate location for the purposes of reference and not legal precision to which the Developer desires to remove the Soil is shown on the attached Exhibit "A" as "Second Pile"; and, WHEREAS, prior to the development of land for which no soil testing was performed or for which no compaction reports or other soil reports were prepared or submitted ("Uncontrolled Embank- ment"), section 15.04.010 of the Chula vista Municipal Code requires the Developer to obtain an Uncontrolled Embankment Permit and to enter into an Uncontrolled Embankment Agreement. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. The fill deposited in the Second Pile shall hereby be designated as and constitutes an Uncontrolled Embankment and shall be constructed in accordance with Grading Permit No. Ph-OlD and plans approved by the City Engineer. 2. Developer indemnifies and holds harmless City from any and all liability, claims, costs, including reasonable attorney's fees, damages, expenses, and causes of action which may result from any action performed by the developer under this permit and agreement. 3. Developer agrees to remove, mitigate, or otherwise remedy at their sole cost, any impacts from contaminates or hazardous materials which may deposit onto, leach under, or otherwise migrate from the Second Pile onto any adjacent parcels, and indemnifies and holds city harmless from any loss or expense which it may incur as a result of such deposits, leaching or other migration. 4. Developer agrees not to apply for a building permit for any development on the Retained Parcel unless a special soils analysis and foundation design are submitted to the City Engineer for the City Engineer's review and approval and same have obtained the approval of the City Engineer. Developer acknowledges the authority of the City to withhold any building permits for con- struction on the Retained Parcel. 5. Developer agrees to do and maintain any land development 2 I~-IP work on the Retained Parcel in a safe and sanitary manner and at the sole cost, risk and responsibility of the Developer and/or his or her successors in interest and Developer agrees to hold the City harmless with respect to any subsequent land development work. 6. Developer hereby agrees to provide said soils analysis and foundation design or to reconstruct the embankment and fill in the manner as approved by the City Engineer. 7. Nothing herein shall constitute a modification or affect in any way or regard that agreement for the purchase of the Proposed City Parcel. This agreement is entered into solely as an exercise of the City's governmental authority under section 15.04.285. 8. Nothing herein constitutes authority or approval of the City for the treatment or mitigation of contaminated soil. Dated: CITY OF CHULA VISTA By Mayor of the City of Chula vista Attest: t ~~tnk or~u ruce M. Boogaa d City Attorney OTAY RIO BUSINESS PARK By: AMALGAMATED CITRUS GROWERS, INC. Dated: By Its (Attach Notary Acknowledgment) F:\bome\altomcy\otayriol 3 1"-1/ RESOLUTION NO. /~r/~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA RE-CERTIFYING EIR 87-2 OTAY RIO BUSINESS PARK AND APPROVING UNCONTROLLED EMBANKMENT AGREEMENT FOR FILL AT CHULA VISTA TRACT 87-6 OTAY RIO BUSINESS PARK - PHASE 2 WHEREAS, Amalgamated citrus permission for an uncontrolled embankment otay Rio Business Park - Phase 2; and Growers has requested at Chula vista Tract 87-6 WHEREAS, according to Section 15.04.285 of the Municipal Code, all uncontrolled embankment agreements must be approved by Council prior to issuance of the grading permit; and WHEREAS, the soil comprising the uncontrolled embankment has been contaminated with used, processed oil and approximately 31,000 cubic yards of contaminated soil was discovered during the grading operations for Otay Rio Business Park - Phase 1, and was subsequently relocated and stockpiled on Phase 2; and WHEREAS, the scope of Final EIR-87-2 Otay Rio Business Park encompassed both phases, 1 and 2 and although this EIR did not contemplate the uncontrolled embankment, staff has reviewed and found it adequate for the granting of the grading permit for uncontrolled embankment. NOW, THEREFORE, BE IT RESOLVED, having reviewed and considered EIR 87-2, having found it adequate for this action, that the city Council of the City of Chula vista does hereby incorporate herein by reference all of the findings, certifications and determinations made with regard to EIR 87-2, and does further direct the Environmental Review Coordinator to file a Notice of Determination with the County Clerk in the manner required by law. BE IT FURTHER RESOLVED that the city Council of the City of Chula vista does hereby approve an Uncontrolled Embankment Agreement for fill at Chula vista Tract 87-6 Otay Rio Business Park - Phase 2, a copy of which is on file in the office of the city Clerk. BE IT FURTHER RESOLVED that the Mayor of the city of Chula vista is hereby authorized and directed to execute said Agreement for and on behalf of the city of Chula vista. BE IT FURTHER RESOLVED that the City directed to have the resolution and Agreement Office of the San Diego County Recorder. at hereby in the Presented by John P. Lippitt, Director of Public Works Bruce M. Attorney ity F:\home\attomey\otayrio I~'/A ^ H~ ~g l~l ~ , ~ . .f3 >- cell :::; __I PIlOPD!.f.P C IT'" P...lI"i. PIlASf. 2 AlIf.A. .... TilE JE1"M/\/el> fleEA --- - -..-.- -- - . UNCONTROUED EMBANKMENT PLAN FOR CHULA VISTA TRACT 87-8 C1TAY RIO BUSINESS PARK - PHASE Z .-.-- , '. '. . -- u.... :.:"'-0- .~ - ..... -.... - - .11--::;......:.,.,..- ...~ - - --- -- .. . ...-----...- , = ':t..:.~=:..... L "..._._.,.....__ .::'~~'!-"::l :.:;.'=" ....,...,.../ItI.-Ilr IM'....., _ ""IWF".. - . a "MaI"'~_'~ '" 1IIr .-._ .,.,..., ,II., r ~.- ...--..,;" ~. - - - lIlT'" . ".. TJllfCAL /MADE" -, -- . ..,.., ~ #vi -- -- COUNCIL AGENDA STATEMENT SUBMITTED BY: Item J I Meeting Date 9/22/92 Resolution /I,rl ~etting a public hearing to approve the Telegraph Canyon Sewer Basin Plan and establish the Telegraph Canyon Sewer Fee Director of Public wor~ City Manager 1&, ~ JI (4/5ths Vote: Yes_NojU In compliance with the Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement between the City and EastLake Development, the City entered into a contract with Willdan Associates for preparation of the Telegraph Canyon Sewer Basin Improvement and Financing Plan. This plan, which is now completed, provides recommendations for sewer system improvements needed to accommodate ultimate wastewater flows in this basin and proposes a fee of $158 per Equivalent Dwelling Unit (EDU) to finance the construction of these improvements. This is one time fee paid when building permits are taken out and not an ongoing fee. REVIEWED BY: ITEM TITLE: RECOMMENDATION: That Council set a public hearing for October 13, 1992. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Telegraph Canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement required that the City prepare a Telegraph Canyon Sewer Basin Improvement and Financing Plan. The City awarded the contract for preparation of this plan to Willdan Associates. The work to be accomplished by the consultant included: 1. Preparation of a report to estimate current, projected and ultimate sewage flows into the Telegraph Canyon Sewer Basin. 2. Recommendation of the type, size, location and approximate order of construction of necessary sewer improvements. 3. Establishment of a work program for future projects, with estimated costs for the construction of required facilities for the transportation of all sewage flows which will use the Telegraph Canyon Sewer. 4. Establishment of fees or a funding mechanism to finance these improvements and flow monitoring. II-j Page 2, Item I J Meeting Date 9/22/92 The plan was to consider only wastewater which would flow by gravity to the Telegraph Canyon Basin. These included flows from the Woodcrest, EastLake, Sunbow, Rancho del Rey, Salt Creek Ranch, and Otay Ranch developments. Draft copies of the report were provided to the developers of all these projects. Comments were received from Sunbow, Wilson Engineering for Baldwin, Project Design Consultants for McMillin Communities, and EastLake Development. Their comments have been incorporated into Nor ? the final report, a copy of which is attached. A copy of the final report was sent to the 3e""NIJ five major developers as well as all other potentially affected developers and property owners. Additional flows will be pumped to the Telegraph Canyon Basin from the EastLake and Salt Creek developments. EastLake and Baldwin requested an amendment to this study for future pumped flows. These flows are being considered separately under a contract awarded February 25, 1992 for an amendment to this plan. The development of land within the basin was assumed to proceed in four phases. A separate wastewater flow projection was prepared for each phase based on existing flow metering results, existing sewer connections, and projected dwelling units and other facilities as verified by the developers. Information from the Planning Department regarding the number of units in each phase was also incorporated into the report. The first improvements are recommended during Phase III, when 1,770 linear feet of 12" parallel sewer will probably need to be installed. An additional 4,210 linear feet of 12" sewers and 900 linear feet of 24" replacement sewers are recommended for Phase IV. The estimated total cost of recommended improvements is $1,447,630 in 1992 dollars. Willdan Associates considered various financing alternatives and recommended that we enact Sewer Fees in accordance with Government Code Section 66000. These fees would be payable by each developer in proportion to the estimated wastewater flow. It was estimated that a total of 9,159 Equivalent Dwelling Units (EDUs) will be added to the basin. Based on a flow rate of 250 gallons per day of wastewater per EDU, the total cost per EDU would be $158. This fee would be paid at the time that building permits are pulled. This fee would be in addition to the existing sewer capacity charge of $2,220 per EDU, since it is needed to pay for the cost of additional wastewater treatment facilities. The fee of $158 per EDU will be adjusted annually for the increased cost of construction due to inflation and to reflect any changes in proposed development in the basin. Environmental review of this item is not necessary at this time. Such review will be accomplished later, when it becomes a project. Based on Government Code Section 66000 and past City practice, the following procedure is proposed for enacting these Sewer Fees. 1. Hold a property owners' meeting. This is not required by Government Code Section 66000, but it has been required by the City Council on similar projects. II~.).. Page 3, Item /1 Meeting Date 9/22/92 2. Provide public notice. Publication shall be forten days in accordance with Section 6062a. 3. Hold the noticed public hearing: October 13,1992. 4. First reading of the ordinance to enact the Telegraph Canyon Sewer Basin Fee: October 13, 1992. 5. Second reading and passage of the ordinance: October 20, 1992. A plat showing the approximate boundary of the area affected by the proposed fee is attached as Figure 1. FISCAL IMPACT: Passage of this resolution would not have any financial impact at this time. However, passage of the subsequent ordinance to enact the Telegraph Canyon Sewer Basin Fee will result in revenues of approximately $1 ,447,630, plus increases due to an annual adjustment for inflation. These revenues would be specifically used for construction of sewer improvements and flow monitoring in the Telegraph Canyon Basin. EMClmd:ST-002 WPC F:\home\engineer\agenda\TCSEWER.1 /I-J T N I (L~ \V J ~) SwH-lwot,.. A..,_ NOT TO SCALE \ ~ , IJ .... ... I ..., ... WILLDAN ASSOCIATES CONSUl. TING ENGINEERS AND PlANNERS U6, GREENWtCH DP..SUlTt :'50.SAH [11[(.0,':'" nln PROJECT TITLE TELEGRAPH CANYON SEWER BASIN FIG. LEGEND : CITY BOUNDARY SEWER BOUNDARY PHASE I PHASE II PHASE III PHASE rv I I ~ 1...........1 ............ ........... IIIIIIII!IlWI!I SCHOOl SITE . RESOLUTION NO. /~~/9 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA SETTING A PUBLIC HEARING TO APPROVE THE TELEGRAPH CANYON SEWER BASIN PLAN AND ESTABLISH THE TELEGRAPH CANYON SEWER FEE WHEREAS, in compliance with the Telegraph canyon Basin Sewer Monitoring and Gravity Basin Usage Agreement between the City and EastLake Development, the City entered into a contract with Willdan Associates for preparation of the Telegraph Canyon Sewer Basin Improvement and Financing Plan on August 7, 1990; and WHEREAS, this plan, which is now completed, provides recommendations for sewer system improvements needed to accommodate ultimate wastewater flows in this basin and proposes a fee of $158 per Equivalent Dwelling unit (EDU) to finance the construction of these improvements; and WHEREAS, a public hearing has been set for October 13, 1992 to consider the establishment of the Telegraph Canyon Sewer Fee. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby set Tuesday, October 13, 1992 at the hour of 6:00 p.m. in the Council Chambers of City Hall, 276 Fourth Avenue, Chula Vista, California as the time and place for interested persons to be heard on the approval of the Telegraph Canyon Sewer Basin Plan and establishment of the Telegraph Canyon Sewer Fee at $158 per Equivalent Dwelling unit to finance the construction of these improvements. Presented by "" co 1 John P. Lippitt, Director of Public Works Boogaard, C' F:\home\attomey\TCsewbas /I....s- COUNCIL AGENDA STATEMENT ITEM TITLE: Item / a.. Meeting Date 9/22/92 RESOLUTION / 6lf,2 PAccepting bids and awarding contract for "Sewer Rehabilitation - Phase IV in the City of Chula Vista, CA" SUBMITTED BY: Director of PUb: wo~ REVIEWED BY: City Manager j 07 1/ (4/5ths Vote: Yes_No..KJ At 2:00 p.m. on September 2, 1992 in Conference 1 in the Public Services Building, the Director of Public Works received sealed bids for "Sewer Rehabilitation - Phase IV in the City of Chula Vista, CA." The work includes excavation and grading, asphalt concrete pavement, process miscellaneous base, trench shoring, traffic control, installation of 8-inch and 1 O-inch sewer mains, lining existing sewer with folded PVC pipe, construction surveying and other miscellaneous work. RECOMMENDATION: That Council accept bid and award contract to Insituform Southwest in the amount of $184,395.00 for alternative A (installation of 8-inch folded PVC pipe). BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: In the FY 1988-89 and FY 1990-91 Capital Improvement Program funds were included for sewer rehabilitation work. Subsequently staff identified sewer mains that had cracked, broken, or collapsed pipe sections which needed to be replaced. Attached are exhibits listing the location and problems needing to be corrected. Also attached are plats showing the locations of work. During the design process, staff reviewed as an alternative to digging up the street and replacing the existing sewer along its present grade, that of lining the sewer. Two methods were investigated. One was alternative A which utilized the installation of an 8-inch folded PVC pipe to rehabilitate some of the existing sewer mains. The folded PVC pipe is heated with steam and then is inserted in an existing sewer main and pulled through the sewer from manhole to manhole. The folded pipe is pressed against the inside wall of the sewer main by an expansion device which is also heated with steam. Folded PVC pipe is manufactured from identical material and conforms to the same standards as typical PVC pipe. Therefore, folded PVC pipe can be expected to last as long as standard PVC pipe. The Director of Public Works has a 1..2-/ Page 2, Item I J.. Meeting Date 9/22/92 sample of the folded PVC pipe material and is available for display at the Council meeting. In addition, a 3 %-minute video showing the process is also available for Council viewing. The second process, alternative B, utilizes the installation of an epoxy cured in-place liner pipe. This also is inserted into the existing sewer and uses hot water under pressure to affix the liner against the inner wall of the sewer main. The resins within the lining cure and become molded to the side of the existing pipe. The advantages of these two systems are that the existing street does not need to be torn up and repaired resulting in much less traffic interference. The process can be done in a very short period of time and it is cost-effective. Unfortunately, one of the disadvantages of the system is that a very limited number of firms can perform the work. As a result only one bid was received for the Sewer Rehabilitation - Phase IV construction work. The bid was by Insituform Southwest in the amount of $184,395.00 for alternative A (installation of 8-inch folded PVC pipe). This bid is above the engineer's estimate of $159,552.00 by $24,843.00 or 13.5%. Because only one bid was received, staff made a comparison of costs between the installation of the folded PVC pipe versus a standard replacement operation where the pavement is removed, a trench dug, the existing pipe is removed and replaced, trench backfilled, and street repaved. Staff recently received a bid for the replacement of an existing 8-inch sewer main with a 15-inch pipe at the intersection of Second and Quintard. Based on the average cost bid by the various contractors on that project, it was estimated that this sewer rehabilitation construction would cost approximately $73 to $82 a lineal foot ($210,400 TO $227,100, total construction cost) to be installed by conventional means versus the $50 a lineal foot bid by Insituform Southwest. In comparing this bid with a bid received in June of 1990 for similar sewer rehab work where the 8-inch sewer was replaced in-kind (with an 8-inch sewer), the cost of replacing that sewer by the low bidder was approximately $94 a lineal foot. Based on the evaluation of the bid, staff recommends awarding the contract to Insituform Southwest. Attached is a copy of the contractor's disclosure statement. FINANCIAL STATEMENT: FUNDS REQUIRED FOR CONSTRUCTION 1. Contract Amount $184,395.00 2. Contingencies (approx. 10%) 18,605.00 3. Staff Cost (inspection) 14,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $217,000.00 / ,). ... rJ.. Page 3, Item /,2 Meeting Date 9/22/92 FUNDS AVAILABLE FOR CONSTRUCTION AND STAFF EXPENSES 1. Sewer Rehab - Phase III - VI Account SW110 $217,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION AND STAFF EXPENSES $217,000.00 FISCAL IMPACT: After construction is completed only routine maintenance will be required. SH/wpc F:\home\engineer\agende\s8wer .reh 091892 /,)-:J It.-~ MEMORANDUM September 18, 1992 File: AR-036 TO: John Goss, City Manager Bruce Boogaard, City Attorney Lyman Christopher, Director of Finance Beverly Authelet, City Clerk Roberto Saucedo, Senior Civil Engineer FROM: John Lippitt, Director of Public Works SUBJECT: RESOLUTION - Accepting bids and awarding contract for "Sewer Rehabilitation - Phase IV in the City of Chula Vista, CA" FUNDS REQUIRED FOR CONSTRUCTION 1 . Contract Amount $184,395.00 2. Contingencies (approx. 10%) 18,605.00 3. Staff Costs (inspection) 14,000.00 TOTAL FUNDS REQUIRED FOR CONSTRUCTION $217,000.00 FUNDS AVAILABLE FOR CONSTRUCTION AND STAFF EXPENSES 1. Sewer Rehab - Phase III - VI Account 226-2260-SW11 0 $217,000.00 TOTAL FUNDS AVAILABLE FOR CONSTRUCTION AND STAFF EXPENSES $217,000.00 Funds for this project are to be taken from Account 226-2260-SW11 O. SH/wpc f:\home\engineer\agenda\S8wer .reh 091892 /~-..> / /"-6 . . : , j , ~ ~ (i;jj;;t , AV,E. " , r--- . ... f J " ~ I: I ~_. J 1_. .- I ___L . I . . I .__..1_..._, t'- , --------' I' 'T' I I Li ' .,-,-~- I , ftrT, I I -~-..} '.:~~Jl~ ; is , 'I I .- ..J rem . '" ~ --,- I I ---1,.- I , " )0 !" L ,"- .. ~ J II -.' I I; I=...j -l ~ ffit8:j!' ~ i . < " ., .II , (!lID " @ / .- 112S ...t I c \ . 1 .F FIF,H AVE NOT TO SCAL,E LOCATION OF WORK: --...... /"" " c( p , / '--' WORK ORDER NO, AR-036 FY 1991-92 SEWER REHABILITATION PROGRAM - PHASE IV /,;.- PLAT NUMBER: 1 PREPARED BY: BVH DATE: 4/27/92 AV. , , "! ; ~. -. , ~ I I I : I : II!: , I,: I 'i" I _1.. LLoI .- D I ' , ' . ' , " , " , I ! t--- --.... ;' .... / 0,< 111111 II !> ..... /' -- LOCATION OF WORK: ~ a I! l; .. . WORK ORDER NO. AR-036 FY 1991-92 SEWER REHABILITATION PROGRAM - PHASE IV PLAT NUMBER: 2 PREPARED BY: BVH DATE: 4/27/92 *APPROX. APPROX. PROBLEM/REPAIR PLAT LOCATION MANHOLE/LIMITS SIZE/TYPE LENGTH DEPTH 1 "0" STREET 29-23/EAST OF THIRD AVE S"/VCP 300' S' CRACKED PIPE AND JOINTS/RELINE SECTIONS OF PIPE FROM MANHOLE TO MANHOLE (S LATERALS) 1 THIRD AVE 30-29/S0UTH OF "0" ST. S" /VCP 293' S' CRACKED PIPE AND JOINTS, OPEN CRACK/RELINE SECTIONS OF PIPE FROM MANHOLE TO MANHOLE (12 LATERALS) 1 "0" STREET 25-23/EAST OF THIRD AVE. S"/VCP 331' S' CRACKED PIPE AND JOINTS/RELINE SECTIONS OF PIPE FROM MANHOLE TO MANHOLE (17 LATERALS) 1 "0" STREET 2S-27/WEST OF SECOND AVE. S"/VCP 346' 11' CRACKED PIPE AND JOINTS/RELINE SECTIONS OF PIEP FROM MANHOLE TO MANHOLE (12 LATERALS) 2 CASSELMAN 797-79S/EAST OF BROADWAY S"/VCP 267' 9' CRACKED JOINTS/RELINE SECTIONS OF PIPE FROM MANHOLE TO MANHOLE (19 LATERALS) It Approximate len ths are from inside wall of manhole to Inside wall of manhole roceedin from me first manhole listed towards SEWER REHABILITATION PHASE IV - SLIP LINING ~ , ~ 9 the second manhole listed. p 9 IC6\SWft3HAB.CONI ~ ~ ~ ~" SEWER REHABILITATION PHASE IV MANHOLE/LIMITS/ *APPROX. APPROX. PROBLEM/REPAIR PLAT LOCATION (LOCATION OF PROBLEM SIZEITYPE LENGTH DEPTH 1 EAST PARK 5S3-5SS/NORTH OF "F" 10" /VCP 20' 13' COLLAPSED PIPE/REPACE LANE STREET/ PIPE AND RECONNECT 2 (295'-315') LATERALS 2 "0" STREET 339-32S/EAST OF FOURTH S"/VCP 43' 9' BROKEN AND CRACKED AVENUE PIPE/ REPLACE SECTIONS 21'-45' OF PIPE 51 '-SO' 139'-149' 2 "0" STREET S3S-S39/EAST OF FOURTH S"/VCP 140' S' CRACKED, BROKEN AND AVE. (200'-MHI COLLAPSED PIPE/REPLACE SECTIONS OF PIPE /RECONNECT 5 LATERALS 3 CEDAR AVE. S05-S04/S0UTH OF "0" S"/VCP 3S' 7' CRACK AND SAG IN STREET PIPE/REPLACE SECTIONS SO'-S5' OF PIPE 95'-104' /RECONNECT 1 LATERAL 24S'-270' (SAG) 2 CEDAR AVE. SOS-S05/S0UTH OF "0" S"/VCP 17' S' BROKEN PIPE/REPLACE STREET SECTIONS OF PIPE SS'-72' /RECONNECT 2 LATERALS 114' -1 20' 235'-242' Approximate lengths are from inside wall of manhole to inside wall of manhole proceeding from the first manhole listed towards the second manhole listed. IC6ISWR3HAB.CONI 1 OF 2 SEWER REHABILITATION PHASE IV ~, ~ "- "' MANHOLE/LIMITS/ · APPROX. APPROX. PROBLEM/REPAIR PLAT LOCATION (LOCATION OF PROBLEM SIZE/TYPE LENGTH DEPTH 4 FIFTH AVE. 1725-726/S0UTH OF "K" 8" /VCP 58' 6' BREAK AND SAG IN STREET/ PIPE/REPLACE SECTIONS (160'-MH) OF PIPE TO LATERAL SAG BEGINS AT 198'-MH 5 "D" STREET 29-23/EAST OF THIRD 8"/VCP 6' 8' SAG IN PIPE /REPLACE PIPE A VENUE TO THE MANHOLE (294'-MH) 5 "D" STREET 26-27/WEST OF SECOND 8" /VCP 21' 8' CRACKED JOINTS AND AVENUE 0'-6' PIPE/REPLACE SECTION OF 222'-237' PIPE/RECONNECT 4 LATERALS ...... - . Approximate lengths are from inside wall of manhole to inside wall of manhole proceeding from the first manhole listed towards the second manhole listed. """- ~ , ...... ~ IC5\SWR3HAB.CONI 2 OF 2 RESOLUTION NO. /IJ 8";< 0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BID AND AWARDING CONTRACT FOR "SEWER REHABILITATION - PHASE IV IN THE CITY OF CHULA VISTA, CA" WHEREAS, at 2:00 p.m. on September 2, 1992 in Conference 1 in the Public Services Building, the Director of Public Works received sealed bids for "Sewer Rehabilitation - Phase IV in the city of Chula vista, CA."; and WHEREAS, said work includes excavation asphalt concrete pavement, process miscellaneous shoring, traffic control, installation of 8-inch and mains, lining existing sewer with folded PVC pipe, surveying and other miscellaneous work; and and grading, base, trench 10-inch sewer construction WHEREAS, during the design process, staff reviewed as an alternative to digging up the street and replacing the existing sewer along its present grade, that of lining the sewer; and WHEREAS, two methods were investigated, one was Alternative A which utilizes the installation of an 8-inch folded PVC pipe to rehabilitate some of the existing sewer mains, and Alternative B, which utilizes the installation of an epoxy cured in-place liner pipe; and WHEREAS, the advantages of these two systems are that the existing street does not need to be torn up and repaired resulting in much less traffic interference and the process can be done in a very short period of time and it is cost-effective; and WHEREAS, one of the disadvantages of the system is that a very limited number of firms can perform the work and as a result only one bid was received from Insituform Southwest in the amount of $184,395.00 for Alternative A (installation of 8-inch folded PVC pipe) which is above the engineer's estimate of $159,552.00 by $24,843.00 or 13.5%; and WHEREAS, because only one bid was received, staff made a comparison of costs and based on an evaluation of the bid, recommends awarding the contract to Insituform Southwest, who has assured the City that they are a licensed contractor who can produce an acceptable performance bond. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby accept said one bid and does hereby award the contract for Sewer Rehabilitation - Phase IV for Alternative A (installation of 8-inch folded PVC pipe) to 1 /,)-/:3 Insituform Southwest in the amount of $184,395.00. BE IT FURTHER RESOLVED that the Mayor of the City of Chu1a vista is hereby authorized and directed to execute said contract for and on behalf of the City of Chula vis 10' by Presented by John P. Lippitt, Director of Public Works Bruce M. Attorney F: \home\auomey\sewer .reh 2 /,).rlr ITEM TITLE: SUBMITTED BY: REVIEWED BY: COUNCIL AGENDA STATEMENT Item 13 Meeting Date 9/22/92 PUBLIC HEARING: - PCC-92-40: Council consideration of a Conditional Use Permit for Interim Fire Station No.6 approximately 300 feet north of the intersection of Otay Lakes Road (Telegraph Canyon Road) and Lane Avenue on the east side of Lane Avenue; Applicant - City of Chula Vista RESOLUTION I~~~ I Granting a Conditional Use Permit to construct and operate an interim fire station at the northeast corner of Otay Lakes Road and Lane A venue, to approve amendments to the agreement for an interim and permanent fire station in EastLake, and appropriating funds therefor. Director of Planning Rt!t A~istant Director of Management & . L --r City Manager de / (/ I Information Services (4/5ths Vote: YesXNo_) The City of Chula Vista proposes to install Interim Fire Station No.6 in the Eastlake Business Park. This station will be operated at this location until such time as a permanent station is constructed either in the vicinity or on the same site. On August 25, 1992, the City Council considered an appeal of the Planning Commission approval of a conditional use permit for this project by California Land Associates, owner of the office building directly east of the proposed site. At that hearing, Council continued the hearing to the meeting of September 8, and directed staff to work with the appellant and Eastlake to consider other options for siting and design of this facility. At the meeting of September 8, 1992, Council conceptually approved a revised site plan and architectural drawings for Interim Fire Station No. 6 at a new location, and continued the hearing for two weeks to allow staff to provide public notice of the revised proposal, as well as to prepare revisions to the Interim Fire Station Agreement between Eastlake and the City. The new site is approximately 300 feet north of the intersection of Lane Avenue and Otay Lakes Road on the east side of Lane Avenue and about 600 feet south of the original site. The new location is still within Assessor's Parcel 595-232-10 in the BC-1 (Business Center) zoning district as defined in the EastLake Planned Community District Regulations. 13 ,/ Page 2, Item I:J Meeting Date 9/22/92 The Environmental Review Coordinator has determined that this project is a Class 3 (c) Categorical Exemption per the California Environmental Quality Act (CEQA). RECOMMENDATION: Staff recommends that Council grant a Conditional Use Permit to construct and operate an interim fire station at the northeast comer of Otay Lakes Road and Lane Avenue, approve amendments to the agreement for an interim and permanent fire station in EastLake, and appropriate funds therefor. BOARDS/COMMISSIONS RECOMMENDATION: On 7/8/92 the Planning Commission voted 6-to-0 to approve PCC-92-40 at the original site. DISCUSSION: Adiacent Zoning and Land Use: ZONING LAND USE Site BC-l (PC) Vacant North BC-l (PC) Vacant South PC (Under Const) Residential East BC-l (PC) Industrial West BC-l (PC) Industrial Existing Site Characteristics At present, the site is vacant and rough graded to a generally level condition. However, it contains all utilities. Pro~osed Use Proposed Interim Fire Station NO.6 consists of two structures totaling approximately 2,340 square feet which will occupy the northern portion of the site. The apparatus parking bay, a 15.5 foot high modular structure, will sit about 40 feet south of the northern property line and, at its nearest point, about 95 feet from the western property line. The personnel structure, an approximately 11 foot high modular building, will sit about 60 feet from both the northern and western property lines. (pcC9240A.1l3) 1:3"'';'' Page 3, Item I::J Meeting Date 9/22/92 ANALYSIS Conformance with EastLake Regulations Fire Station No. 6 is proposed for this location on an interim basis. Its life span depends on determining an optimal site for a permanent fire station and the pace at which future development occurs. Depending on plans for surrounding areas, including the Otay Ranch, the optimal site may be (1) the original site at the northeast corner of Fenton Avenue and Lane Avenue in the EastLake-I Business Center; (2) another, more easterly site within the EastLake development; or (3) a site in Salt Creek Ranch on Mt. Miguel Road south of East "R" Street. At this point, it is likely that the interim fire station site will be needed for 5-7 years. The use as a fire station requires a conditional use permit per Section VLO.2.I of the EastLake I Planned Community District Regulations. This section states: "Temporary use of properly-designed mobile trailer units for classrooms, offices, banks, etc., for periods not to exceed ninety days subject to administrative review. Requests for such uses of more than ninety d~s in duration shall require the a'pproval of a Conditional Use Permit by the Planning Commission. Such units shall meet all necessary requirements of building, fire and health codes." [Emphasis added]. The proposed use can meet the performance standards for the Business Center District as outlined in Section IV.3 of the EastLake I Planned Community District Regulations. Conformance With The General Plan The proposed Interim Fire Station No.6 conforms with and implements the City's general threshold standards for fire services, as well as implementing the more detailed project guidelines for fire coverage adopted as part of the City's Fire Station Master Plan: " 1. As a general rule, fire stations shall be distributed so as to meet the service levels established in the thresholds standards. The threshold standard for fire requires the department to respond to 85 % of all emergency calls for service within 7 minutes. " (pcC9240A. 1 13) 13"'.3 Page 4, Item I:J Meeting Date 9/22/92 CONFORMANCE: The placement of Interim Fire Station No.6 at this location will bring virtually all residences and businesses in EastLake within this threshold standard. "2. The precise location of fire stations shall be determined by: a. Land Use Pattern, residential density and building intensity. b. Street patterns and traffic volume. CONFORMANCE: The land use pattern surrounding and most impacting the site is primarily industrial, even though the building intensity has not reached a maximum and the area is not built-out. Lane Avenue is, at present, a lightly travelled street for this reason. Although located in close proximity to Otay Lakes Road, a prime arterial, the entrance is 300 feet north of the intersection. This distance meets Fire Department concerns regarding distances to such heavily travelled streets. "3. Fire stations should be sited on arterial streets or collectors. If circumstances require the location of a fire station on a minor street, the said minor street should lead directly to an arterial street or collector. " CONFORMANCE: The site for Interim Fire Station No.6 is located at the intersection of Lane Avenue and Otay Lakes Road. Lane Avenue is a collector street which permits direct access to Otay Lakes Road. "4. Fire stations may be located on corner lots, with primary and secondary (alley) access. Stations should be situated a minimum of three hundred feet (300') from signalized intersections." CONFORMANCE: The site is at the northeast corner of Lane Street and Otay Lakes Road, as already mentioned. The primary access at the northwest corner will be the only point of vehicular ingress and egress to the site. The nearest signalized intersection to the station is at Otay Lakes Road and Eastlake Parkway, more than 300 feet to the southwest. "5. Fire station sites must be large enough to accommodate a station office, living quarters for the on-duty personnel, areas for apparatus storage and maintenance, off-street parking, and environmental amenities, such as landscaping and walks. Where stations are located in areas of anticipated growth, the fire station site should be of adequate size to accommodate planned expansion. New fire stations should be built to house no less than two apparatus. " (pcC9240A.l13) Ij-t! Page 5, Item I.:J Meeting Date 9/22/92 CONFORMANCE: The site, architectural and floor plans and elevations show living quarters, an area for apparatus storage and maintenance, off-street parking, landscaping and walks. The original site will be retained as an option for siting the permanent fire station, which when built will house at least two apparatuses will be constructed. "6. The design of fire stations should be environmentally and aesthetically compatible with adjacent land uses. " CONFORMANCE: The proposed interim fire station will consist of two architecturally enhanced modular structures, a personnel building and an apparatus parking bay, and will include a covered patio area which will architecturally link the two main building segments of the facility. The style is in keeping with architectural motifs normally found in business parks. The substantial landscaping will enhance the site making it aesthetically compatible with area uses. With the proposed architectural enhancements, the personnel building and apparatus parking bay will be functionally appropriate, which will result in a facility that will architecturally complement and be compatible with the structures in the immediate area. The proposed structures, although temporary in nature, will be installed on permanent foundations. The exterior articulation of the rectangular building masses will be kept simple and streamlined, in keeping with the contemporary theme of the business center, and will incorporate a 36 inch high parapet along the structures' roof perimeters. The buildings' exterior will be treated with stucco which will compliment the existing architectural styles found in the business center. Staff found the proposed architecturally enhanced modular building design solution to be an acceptable and appropriate alternative to a "permanent" structure, given the temporary nature of the facility, and concluded that the facility will positively contribute to the appearance and development of the EastLake Business center. "7. Where practicable, fire station houses should be one story in height. " CONFORMANCE: The personnel structure will be 11'4", while the apparatus parking bay will be 15'6". Both structures will have only one story. PROJECT CONFORMANCE/CONCLUSION: Based on the analysis above, staff has concluded that the proposal conforms to and implements the General Plan and the EastLake Regulations. In addition, staff has analyzed the proposal in relation to the findings required for approval of a conditional use permit, and has determined that positive findings can be made, as reflected in the attached resolution of approval for this project. (pcC9240A.113) 13-5 Page 6, Item 1:1 Meeting Date 9/22/92 AGREEMENT AMENDMENTS: Due to the relocation of the fire station to the southern portion of the site and the retention of the original site as a possible location for the permanent fire station, the agreement between the EastLake Development Company and the City needs to be amended. The proposed amendment has EastLake paying for the costs of relocation and restoration of the original site (estimated at $54,000), and receiving offsetting credits against their Development Impact Fees at the time building permits are pulled. The costs of the architectural enhancements (estimated at $25,000) are to be paid for directly from monies currently on-hand in the Fire Component of the Public Facilities DIF. The total cost of relocation, restoration and modification is therefore estimated at $79,000 ($54,000 + $25,000 = $79,000). The remaining amendments to the agreement basically reflect minor clean-up language clarifying conditions and referencing new exhibits. FISCAL IMPACT: As noted above, relocation of the interim fire station to the southern portion of the parcel and restoration of the previous site will add about $54,000 to the total cost of the project. These costs would be fronted by the developer, with offsetting credits against their DIF. Architectural enhancement will be about $25,000 which will be paid for out of the Fire Component of the Public Facilities DIF. The total cost of the project is estimated to be about $543,700, including all equipment, but excluding contingencies. (pcC9240A.1l3) J3"'~ RESOLUTION NO. II, 8"'~ I A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL GRANTING A CONDITIONAL USE PERMIT TO CONSTRUCT AND OPERATE AN INTERIM FIRE STATION AT THE NORTHEAST CORNER OF OTAY LAKES ROAD AND LANE AVENUE, TO APPROVE AMENDMENTS TO THE AGREEMENT FOR AN INTERIM AND PERMANENT FIRE STATION IN EASTLAKE, AND APPROPRIATING FUNDS THEREFOR WHEREAS, a duly verified application for a conditional use permit was filed with the Planning Department of the City of Chula Vista on May 8, 1992 by the Chula Vista Fire Department; and WHEREAS, said application requested a conditional use permit to allow an interim fire station; and WHEREAS, the Planning Commission held a public hearing on July 8, 1992 and voted 6-to-0 to approve said Conditional Use Permit on the same Assessor's Parcel but at the southeast corner of Lane Avenue and Fenton Avenue; and WHEREAS, the Planning Commission's decision was appealed by California Land Associates; and WHEREAS, after consultation between the City, California Land Associates and the EastLake Development Company it was decided to move the location of the interim fire station approximately 400 feet to the south on the same Assessor's Parcel; and WHEREAS, the Environmental Review Coordinator determined that the revised project is a Class 3(c) Categorical Exemption per the California Environmental Quality Act; and WHEREAS, the City Council set the time and place for a hearing on said conditional use permit application and notice of said hearing, together with its purpose, was given by its publication in a newspaper of general circulation in the City and its mailing to property owners within an area of 500 feet radius of the exterior boundaries of the property at least ten days prior to the hearing; and WHEREAS, the hearing was held at the time and place as advertised, namely 6:00 p.m., September 22, 1992 in the Council Chambers, 276 Fourth Avenue, before the City Council and said hearing was thereafter closed. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL finds as follows: 13" '1 Resolution No.1/' "if).) Page 2 I. That the proposed use at the location is necessary or desirable to provide a service or facility which will contribute to the general well being of the neighborhood or the community. The proposed use will contribute to the safety and welfare of the community by improving the currently available fire services and response time within the eastern territories and provide a facility in close proximity to the intended service areas. 2. That such use will not under the circumstances of the particular case, be detrimental to the health, safety or general welfare of persons residing or working in the vicinity or injurious to property or improvements in the vicinity. The interim use of the subject site as a fire station will not detrimentally affect the health, safety or welfare of persons residing or working in the vicinity or be injurious to property or improvements in the vicinity in that: 1. The proposed use is temporary and a Class 3(c) Categorical Exemption per the California Environmental Quality Act; 2. There are public facilities that are adequate to handle future area growth; and 3. The fire station is necessary for the protection of persons and property in the vicinity of the site. 3. That the proposed use will comply with the regulations and conditions specified in the code for such use. The proposed use complies with Section VI.O.2.1 of the EastLake I Planned Community District Regulations for the BC-I zone and pertinent Municipal Code requirements in that this is a interim use compatible with surrounding uses, and any construction or grading work will be done in compliance with the regulations of the City of Chula Vista. 4. That the granting of this conditional use permit will not adversely affect the General Plan of the City or the adopted plan of any government agency. The interim use of the site as a fire station facility will not adversely affect the General Plan of the City of Chula Vista in that it will implement provisions of Section 2.1 of the Safety Element of the General Plan and any other applicable element of the General Plan. 13-g/ Resolution No. )J, ~~I Page 3 5. That the granting of this conditional use permit complies with the Subdivision Map Act. Based on Section 66428 of the Subdivision Map Act, public policy does not require the processing of a parcel map under such circumstances as exists in this case for the following reasons: A. This parcel is part of a prior land division which has adequate public facilities and complies with appropriate design. B. The City reserves adequate regulatory authority through the conditional use permit process. C. The remainder portion of the site will be maintained by EastLake as required by the agreements between EastLake and the City, and by the weed abatement program (Chapter 8.32 of the Municipal Code). BE IT FURTHER RESOLVED THAT THE CITY COUNCIL hereby adopts this resolution granting Conditional Use Permit, PCC-92-40, for use of the site in the manner shown in Exhibits A through C, attached hereto, subject to the following conditions: I. Any changes to the proposed site plan and/or building architecture shall be subject to approval by the Director of Planning prior to issuance of building permits. 2. A "no-fee" construction permit is required for construction of the driveway approach in the street right-of-way. 3. If the exemptions in the grading ordinance are not met, the developer is required to obtain a "no-fee" grading permit. 4. Two "Fire Station" signs shall be installed 150 feet on either side of the driveway, to the satisfaction of the City Engineer. 5. This permit shall be subject to any and all new, modified, or deleted conditions imposed after adoption of this resolution to advance a legitimate governmental interest related to health, safety or welfare which City shall impose after advance written notice to the permittee and after the City has given to the permittee the right to be heard with regard thereto. However, the City, in exercising this reserved right/condition, may not impose a substantial expense or deprive Permittee of a substantial revenue source which the Permittee can not, in the normal operation of the use permitted, be expected to economically recover. 13--'1 Resolution No. J ~ g ~ I Page 4 6. This conditional use permit shall become void and ineffective if not utilized within one year from the effective date thereof, in accordance with Section 19.14.260 of the Municipal Code. Failure to comply with any condition of approval shall cause this permit to be reviewed by the City for additional conditions or revocation. BE IT FURTHER RESOLVED that the City Council approves the Amendments to the Interim Fire Station Agreement, attached hereto as Exhibit D, and authorizes the Mayor to execute same. BE IT FURTHER RESOLVED that the City Council does hereby appropriate $25,000 from the Fire Component of the Public Facilities DIF, Account Number 806-8060-5562-PSI25, to be used for the construction and enhancement of the building which will house the firefighters at Interim Fire Station #6. That a copy of this resolution be transmitted to the applicant and the City Council. Presented by to form by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney IJ"'J~ '\ AD ... :>c ST p~eGT LOU<rlON ... ~ .. -' ~ .. ~1; W~ ....vE · ~ORTH ( pu,.Pj~ · <l-o ( FI~, ~rl\'TloJ~ HIBIT "A " " .....-_.._----~- - ~,,",.,.~j.IL ....,p.. ~d__~_ ~ r-'V"'" ...., .~--rr . .,...."... _~ ' .aJlG- ~'1-,l ~ ) 4' ::-'I!!!: -c'Y'~~~ ....'1.,_1~ ~l/\_ ~l/'ltf:7 ~ Ii 9 ~...J'IO~ ;a..l1..i H~ ... -~ ~ t:7./ ! c-si-';. .... ---.~=l~ I J . J i- !;J;j. / ......."""_.......,.l.......~ . r '- /____.____ L~ ~ , ~-. f1 I,. . ~ ~ i , - .... ! :: ~ .. h ~ ~ ~ ~ ). . 1 ~ , ! ~ ~ ~t . H_ '_. -._--~ -- ~. ~ -- . ~~ 2' I Ill' I }j ~ --.. , . i , I J- .' :' , STAFF SKETCH' " -. . (-.. l:; ~ '\ "''' '-l '" .- , . .~~ "2- .. ~'- ::~..~-,~.:....~'1 , ~'. I North Elevation of Truck Bay ..STAFF SKETCH; 'West Elevation of Personnel Building EXHIBIT "e" ,,- . EXHIBIT D AMENDMENT 1 TO THE AGREEMENT FOR AN INTERIM AND PERMANENT FIRE STATION IN EASTLAKE The Agreement dated February 6, 1992 is hereby amended to read: 2.2.3 Processing Design paragraph 4: The Developer shall. be responsible for providing the funds necessary to purchase the modular building, truck port and covered patio. with the exception that $25.000 shall be paid directlv from the Fire Component of the Public Facilities Development Impact Fee towards the cost of constructina and architecturallv enhancina the modular buildinq. The Developer shall be responsible for the costs associated with undertaking all site-related and street-related work. The costs estimated to be associated with the modular building, truck-port and patio and for site-related work are individually summarized below and are estimated at $177,356. aa $256.306.00. MODULAR BUILDING $ €t,931 $ 89.931 TRUCK-PORT $ 18,000 SITE PREPARATION/RESTORATION $ 26,975 $ 80.925 UTILITIES $ 20,000 (hookups, permits, etc.) LANDSCAPE $ 18,700 City STAFF SERVICES $ 9,750 CONSULTANTS $ 19,000 TOTAL ESTIMATED COST $177,356 $256,306 2.2.4 FINANCIAL RESPONSIBILITY FOR COST OVERRUNS The Developer shall be financially responsible for the provision of the Interim Fire station site and Improvements, whose Total Estimated Cost is $177,356 $256.306, with the exception of $25.000 which shall be paid directlv from the Fire Component of the Public Facilities Development Impact Fee. regardless of actual cost except as provided in the following Subsections. 13~/? 2.2.4.1 Any additions, deletions or changes in the size, design, fixtures of the modular building or provisions of the site or its improvements (hereinafter "Building/Site Changes" as set forth in Exhibits 3 & 4) shall be subject to a cumulative cost limitation of fif~ee8 pe~ee8~ (15\) ten Dercent (10%\ of the total estimabed cost, so that all such Building/Site Changes shall not result in additional costs to Developer in excess of ~2g,g93.19 $25.630.60 above the total amount estimated above (without regard for the individual estimates)..... 5. DEVELOPMENT IMPACT FEE CREDITS 5.1.2 the costs associated with the Interim Fire station building and site improvement, as herein required of Developer, includina costs for both the currentlv Dreferred site at the southern end of the Darcel. and for the initial site at the northern end of the Darcel. includina costs associated with brinaina the initial site back to its oriainal condition. and including contingency costs, if incurred; and 8 PERMANENT FIRE STATION: SITE 8.1 Duty To Retain Interest During Term. Developer shall not sell, hypothecate, or otherwise transfer any interest in the Temporary Si~e Dermanent site shown in Exhibit 8 and shall.... 8.3 Permanent site is at the I8~e~im Fi~e S~a~ie8 si~e site shown in Exhibit 8. If the Permanent Site is determined by the City to be at the location af the I8te~im Fi~e s~atie8 shown in Exhibit ~, the following rights and duties obtain: 8.3.1 Duty to Convey Fee Title to City. Develop shall convey title to the Temlle~a~ Site Permanent site shown in Exhibit 8 to City, ... /3-/8" 8.3.2 Duty to Build and Equip Permanent station. If the Permanent Fire station is at the location ~ ~he Ift~erim Fire ~~a~ieR ~i~e shown in Exhibit 8, 8.4 Permanent site is in Eastlake, Not at the IRterim site Location Shown in Exhibit 8. 8.5 Permanent site is Not in Eastlake. If the Permanent Fire station is not within the territory of any such map, Developer shall shave no further obligation after expiration of the lease term. All obliqations incurred with resoect to the orooertv shown in Exhibit 8 shall exoire. Nothing herein..... 8.7 City'S Entitlement Contribution. to Reimbursement for Land ....Having procured the aforementioned one acre site for considerations of equal value, and, having mutually agreed that a one acre site in the Eastlake-I Business Park (the Tem~erary Eite site shown in Exhibit 8).... 9 PROCESSING OF ENTITLEMENTS City and Developer agree to the following as a result of Developer's reserving a site (the tem~erary eite site shown in Exhibit 8 or other site within Eastlake as specified above).... EXHIBIT LIST Modify the Exhibit list as follows: Exhibit 1. The Lane ~~cftae Eitc Ple~ Plan. Prooosed Interim Fire Station. Exhibit 3. Preliminary aea!!" af ~he Interim Fire Si~e. preliminarv Landscaoe Plan. Add Exhibit 8. Reserved Permanent site at Lane Avenue. /,3'1' IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the date first set forth. city of Chula Vista Developer Mayor Attest: Approved as to form by: City Attorney city Clerk 13....;.t) File No. PUBLIC HEARING CHECK LIST CITY COUNCIL PUBLIC HEARING D~TE 4~~ Z. 2. I I ctOf""2- SUBJECT ~~~r~4"~ ~ ~~ ~ ~.~ r LOCATION ~. IL.-'- ~ ~':Q~ SENT TO STAR NEWS FOR PUBLICATION -- BY FAX~Y HAND _; BY MAIL PUBLICATION DATE ~ 11"2-/0~ I I MAILED NOTICES TO PROPERTY OWNERS~ ~ ,). ,L NO. MAILED PER GC 54992 Legislative Swff, Conslruclion Indusuy Fed, 6336 Greenwich Dr Suite F. Siln Diego, 92122 LOGGED IN AGENDA BOOK 01 / 10 let '2.. COPIES TO: Administration (4) ~ V'/ Planning Originating Department /' Engineering Others City Clerk's Office (2) /' '1/,1 I tIf 2- POST ON BULLETIN BOARDS SPECIAL INSTRUCTIONS: -58- )~~.2J / NOTICE OF PUBLIC HEARING BY THE CHULA VISTA CITY COUNCIL CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT THE CHULA VISTA CITY COUNCIL will hold a public hearing to consider the following: pcc-92-40: Consideration of permission to construct an interim fire station approximately 300 feet north of the intersection of Otay Lakes Road and Lane Avenue on the east side of Lane Avenue in the BC-l zoning district. If you wish to challenge the City's action on this matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Clerk's Office at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, September 22, 1992, at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: September 9, 1992 Beverly A. Authelet City Clerk "7 1...... ..-/\ '7"--.---' ~ ~ It-- :~-~ ~..-...;-::;...-..; .......""'"""'"~ .............~~ ClN OF CHUIA VISTA PLANNING DEPARTMENT NOTICE OF PUBLIC HEARINGS BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of Chula Vista, California, for the purpose of considering an application for a conditional use permit, PCC-92-40. The application, submitted by the City of Chula Vista, requests permission to construct an interim fire station approximately 300 feet north of the intersection of otay Lakes Road (Telegraph Canyon Road) and Lane Avenue on the east side of Lane Avenue, APN 595-232- 10, in the BC-1 zoning district. A locator map is included on the reverse side of this notice. In addition, a plot plan and legal description are on file in the office of the Planning Department. Any petitions to be submitted to the City Council must be received by the city Clerk no later than noon of the hearing date. The Environmental Review Coordinator has determined that this project is a Class 3(c) Categorical Exemption per the California Environmental Quality Act (CEQA). If you wish to challenge the City's action on this conditional use permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to the public hearing. Said public hearing before the CITY COUNCIL will be held on Tuesdav. September 22. 1992 at 6:00 P.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: CASE NO.: September 9, 1992 PCC-92-40 Beverly Authelet city Clerk / '-:'. '>-( ~\. -. "...> / -- ---- 276 FOURTH AVE/CHULA VISTA CALIFORNIA 91910/(619) 691-5101 -"7.."..... ~. ~l RD \ ... ~ 51 p~eGT L..OU<rlON ... ~ . -' -~ I I 00 L' eft ~'S l,AN~ ~V~ NORTH ( Pcc. -"1~ · -to 1 LOCATOR ) '~~i FIp.e~r"'1IaJ~ '. I -. - DATE: September 9, 1992 TO: FROM: SUBJECT : Beverly Authelet, City Clerk Nancy Ripley, Planning Department~ Referral from ~~~flfl~fl~-~~;~~efl meeting of 9/8/92 Please schedule the following for Council consideration at the meeting of 9/22/92 Forwarded herewith: Public Hearing Notice(s) and Mailing List(s). Forthcoming: Resolution(s) PH PCC-92-40 - consideration of permission to construct an interim fire station approximately 300 feet north of the intersection of Otay Lakes Road and Lane Avenue on the east side of Lane Avenue in the BC-1 zoning district. (This was heard by the Council on 9/8/92 and they re to them on 9/22/92. Since it is a different advertised, it was believed it should be re-noticed to the property owners.) /(JCA-!-r~ ted that it return than was originally in the newspaper and j-----> "~ 5 / 04-'7 NOTICE OF PUBLIC HEARINGS BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA, CALIFORNIA NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL of Chula Vista, California, for the purpose of considering an application for a conditional use permit, PCC-92-40. The application, submitted by the City of Chula Vista, requests permission to construct an interim fire station approximately 300 feet north of the intersection of otay Lakes Road (Telegraph Canyon Road) and Lane Avenue on the east side of Lane Avenue, APN 595-232- 10, in the BC-1 zoning district. A plot plan and legal description are on file in the office of the Planning Department. Any petitions to be submitted to the City Council must be received by the City Clerk no later than noon of the hearing date. The Environmental Review Coordinator has determined that this project is a Class 3(c) Categorical Exemption per the California Environmental Quality Act (CEQA). If you wish to challenge the City'S action on this conditional use permit in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence delivered to the city Council at or prior to the public hearing. Said public hearing before the CITY COUNCIL will be held on Tuesday, September 22, ~992 at 6:00 p.m. in the Council Chambers, Public Services Building, 276 Fourth Avenue, at which time any person desiring to be heard may appear. DATED: CASE NO.: September 9, 1992 PCC-92-40 Beverly Authelet City Clerk ,/_3 'c-2? ~ XXXXXXXXXXXXXXXXXXXXXXXXXXXxrx XXXXXXXXXXXXXXXXXXXXXXXXXXXX. IX XXXXXXXXXXXXXXXXXXXxXXXXXXXX'X XXXXXXXXxXXXXXXXXXXXXXXXXXXX IX XXXXXXXXXXXXXXXXXXXXXXXXXXXX'X XXXXXXXXXXXXXXXXXXXXXXXXXXXX; iX XXXXXXXXXXXXXxXXXXXXXXXXXXXX'X XXXXXXXXXXXXXXXXXXXXXXXXXXXX; IX XXXXXXXXXXXXXXXXXXXXXXXXXXXX'X AXXXXXXXXXXXXXXXXXXXXXXXXXXX: IX XXXXXXXXXXXXXXXXXXXXXXXXXAXX'X XXXXXXXXAXXXXXXXXXXXXXXXXXXX: x XX XXXX xX XXXXXX XXXXXX XXxX XXXX: XXXXXXXXXXXxXXXXXXXXXxXxXXXXX~ XXXXXXXXXXXXXXXXXXXXXXXXXXXXX~ XXXXXXXXXXXXXxXxXXXXXXXXXXXXX; XXXXXXXXXXXXXXXXXXXXXXXXXXXXX~ XXXXXXXXXXXXXXXXXXXXXXXXXXXXX~ 5952312800 EASTLAKE DEvELOPMENT LO 900 LANE AVe Ul00 ChULA VISTA CA 91914 5952320400 MAHONEY TkU~T 11-22-89 JLl ruc". 'an aT DEL MAR CA '12014 5952320000 EASTLAKE DEvE~OPMENl CO 1i.1l! L~,~... ,....... ,.1_0 CHULA VISTA CA 9191~ 5953212300 LANE/KUHN PACIFIC HUMeS LIMITI D PARTNER~HIP Nu 1 _ ..."~ n.. ,,__v CHUL~ VISTA CA 9191~ 5953213200 FAIRWAY VIL~A~ PARTNERS C/O CENTUKY AMERILAN uUILDERS, I _ _." LAGUNA HILL~ LA 9,6?3 5953214700 LANE/KUHN PACIFIC HUMtS LIMIT! 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Authorizing issuance of $8,560,000 in refunding revenue bonds for Chula Vista MarinalRV Park Project, approving related documents, and authorizing official actions Community Development Director \\~ I /. hi 1 (Jf City Manager J b ! (4/Sths Vote: Yes No Xl In 1982, the City issued $9,600,000 in revenue bonds to finance the development of the Chula Vista Marina and RV Park Project. The project was completed and has been a great success. The developer has now asked that the City refund those 1982 bonds with a new bond issue of $8,560,000 (not-to-exceed) at current interest rates, thereby substantially reducing project debt service. RECOMMENDATION: That the City Council adopt the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The new bonds proposed to payoff the outstanding indebtedness of the existing 1982 bonds would be at a substantially lower interest rate than the 1982 rate (4 to 5 percentage points less). The impact on the project in the form of lower debt service should result in additional benefit to a project which has already contributed to the redevelopment of the Chula Vista Bayfront and has enhanced the overall image of Chula Vista. Additional income from reduced debt service will be available to maintain and enhance the Marina and RV Park, and space and slip rental rates will not have to rise as quickly with the lower debt service. In 1982, the City issued the bonds and loaned the bond proceeds to Bank of America at 10.75 percent. In response, the Bank made corresponding mortgage loans to the Marina and RV Park Project at 12.25 percent, thereby earning 1.5 on the exchange. This new issue would carry a bond rate of 7 percent maximum. The new bond funds would be loaned to Bank of America at the 7 percent rate, and in response, the Bank would payoff the 1982 bondholders and I~-/ Page 2, Item Meeting Date 09/22/92 It! restructure its mortgage loans to the Project at 8.5 percent. The Bank will pay the bond debt service to the new bond holders from the proceeds of the mortgage payments from the project. The bond issue holds no liability to the City, as will be evidenced by the Bond Counsel's guarantee (Jones, Hall, Hill and White). The sole security for the bondholders is the loan repayment guarantee from Bank of America. In the unlikely event of a default on the project mortgages, Bank of America would have to service the bond debt and the City would have no obligation. The rating agency (Moody's) does not even evaluate the strengths of the MarinalRV Park Project in rating the bonds; Moody's looks solely at the Bank of America loan guarantee. Bank of America makes the bond debt payments to the bondholders through the trustee, First Interstate Bank of California, so the City is not in any way involved in the flow of funds. The bond issue documents to be approved by the Council resolution are the Official Statement, the Indenture of Trust, the Loan Agreement, the Program Agreement, and the Refunding Agreement. Copies are on file in the Community Development Department and the City Attorney's Office. The resolution also authorizes City officials to take necessary actions to effect the issuances of the bonds. FISCAL IMPACT: The recommended actions entail no financial liabilities to the City regarding this financing. Some staff time will be required to administer the bond issue for the City. The owner has agreed in the Program Agreement to pay the City an administrative fee of 1116 of I percent of the outstanding principal annually in advance. The first year that payment will be approximately $5,500. Those annual payments should cover any associated staff costs. ICIWPS I ICOUNCILII I3SIBOND.I.I 13J I'I"'~ RESOLUTION ;11 g'~ J.. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING ISSUANCE AND SALE OF NOT TO EXCEED $8,560,000 PRINCIPAL AMOUNT OF 1992 REFUNDING REVENUE BONDS RELATING TO CHULA VISTA MARINA/RV PARK PROJECT, APPROVING RELATED AGREEMENTS AND OFFICIAL STATEMENT, AND AUTHORIZING OFFICIAL ACTIONS WHEREAS, pursuant to the municipal affairs posers of the City, the City Council has previously adopted its Ordinance No. 1970 on February 9, 1982, as amended (the "Ordinance"), authorizing the issuance of revenue bonds for projects which promote economic development within the City, and has previously issued its City of Chula Deposit With Lender Revenue Bonds (Bank of America National Trust and Savings Association), Issue of 1982 in the aggregate principal amount of $9,600,000 (the "1982 Bonds") pursuant to the Ordinance for the purpose of providing funds to make a time deposit with the Bank of America National Trust and Savings Association (the "Bank") pursuant to a Time Deposit Agreement dated as of November 1, 1982, (the "Time Deposit Agreement"); and WHEREAS, in accordance with the Time Deposit Agreement the Bank has previously made two mortgage loans (collectively, the "Mortgage Loan") to Chula Vista Marina/RV Park, Ltd., a California Limited Partnership (the "Company"), to finance the acquisition and construction of a marina and recreational vehicle park in the tidelands area of the City; and WHEREAS, in order to realize substantial interest rate savings the City proposes to issue its City of Chula Vista Loan to Lender Revenue Bonds (Bank of America National Trust and Savings Association), Series 1992 (the "Bonds") under and pursuant to the Ordinance and the Indenture of Trust dated as of October 1, 1992 (the "Indenture"), by and between the City and First Interstate Bank of California, as trustee (the "Trustee"), to raise moneys to make a loan to the Bank to refinance the its obligations under the Time Deposit Agreement, and thereby refinance the 1982 Bonds and the obligations of the Company under the Mortgage Loan in accordance with a Refunding Agreement dated as of October 1, 1992 (the "Refunding Agreement"), by and among the City, the Trustee and the Bank; and WHEREAS, the City Council wishes at this time to authorize the issuance of the Bonds and authorize and direct proceedings for the sale thereof; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CHULA VISTA as follows: Section 1. Issuance of Bonds; Approval of Indenture. The City Council hereby authorizes the issuance of the Bonds in the aggregate principal amount of not to exceed $8,560,000. The Bonds shall be issued pursuant to the Ordinance and the Indenture, in substantially the form thereof on file with the City Clerk together with any 1 /1/.3 additions thereto or changes therein approved by the Finance Director. Execution of the Indenture by the Mayor and the City Clerk shall be conclusive evidence of approval of the final form of the Indenture. The City Mayor is hereby authorized to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to, the Indenture for and in the name and on behalf of the City. The City Council hereby authorizes the delivery and performance of the Indenture. Section 2. Purpose of Bonds; Approval of Related Agreements. The proceeds of the Bonds shall be applied to make a loan to the Bank to refund the Bank's obligations under the Time Deposit Agreement, pursuant to the Loan Agreement in substantially the form thereof on file with the City Clerk together with any additions thereto or changes therein approved by the Finance Director.. Amounts received from the refunding of the Time Deposit Agreement shall be applied to refund the 1982 Bonds, pursuant to the Refunding Agreement in substantially the form thereof on file with the City Clerk together with any additions thereto or changes therein approved by the Finance Director. As a result of such refundings, the obligations of the Company under the Mortgage Loan shall be refunded in full, pursuant to the Program Agreement in substantially the form thereof on file with the City Clerk together with any additions thereto or changes therein approved by the Finance Director. The Mayor is hereby authorized to execute, and the City Clerk is hereby authorized and directed to attest and affix the seal of the City to, the Loan Agreement, the Refunding Agreement and the Program Agreement for and in the name and on behalf of the City. The City Council hereby authorizes the delivery and performance of the Loan Agreement, the Refunding Agreement and the Program Agreement. Execution of the Loan Agreement, the Refunding Agreement and the Program Agreement by the Mayor and the City Clerk shall be conclusive evidence of approval of the final form of said agreements. Section 3. Sale of Bonds. The City Council hereby authorizes the sale of the Bonds to the Miller & Schroeder Financial, Inc. (the "Underwriter"), pursuant to and in accordance with a Bond Purchase Agreement in substantially the form on file with the City Clerk together with any additions thereto or changes therein approved by the Finance Director, whose execution shall be conclusive evidence of approval of the final form of such agreement. The City Council hereby delegates to the Finance Director the authority to accept an offer from the Underwriter to purchase the Bonds and to execute the Bond Purchase Agreement for and in the name and on behalf of the City; provided, however, that the weighted average rate of interest borne by all of the Bonds shall not exceed seven percent (7%) per annum and the purchase price paid to the City for the purchase of Bonds shall not be less than ninety-eight percent (98 %) of the par amount thereof. 2 1'1''/ Section 4. Official Statement. The City Council hereby approves, and hereby deems nearly final within the meaning of Rule l5c2-l2 of the Securities Exchange Act of 1934, the preliminary Official Statement relating to the Bonds, in the form on file with the City Clerk. The Underwriter is hereby authorized to distribute the Official Statement in connection with the marketing of the Bonds. The Mayor is hereby authorized and directed to (a) execute and deliver to the City a certificate deeming the preliminary Official Statement to be nearly final prior to the distribution thereof by the Underwriter, (b) approve any changes in or additions to cause such Official Statement to be put in final form, and (c) execute said final Official Statement for and in the name and on behalf of the City. Section 5. Engagement of Professional Services. The firm of Jones Hall Hill & White, A Professional Law Corporation, is hereby appointed to act as bond counsel in connection with the issuance and sale of the Bonds. Compensation to such firm shall be contingent upon the successful issuance and sale of the Bonds. The Finance Director is hereby authorized and directed to execute the agreement between the City and said firm, the form of which is on file with the City Clerk. Section 6. Official Actions. All actions heretofore taken by the officers and agents of the City with respect to the issuance of the Bonds are hereby approved, confirmed and ratified. The Mayor, the City Manager, the Finance Director, the City Clerk and any and all other officers of the City are hereby authorized and directed, for and in the name and on behalf of the City, to do any and all things and take any and all actions, including execution and delivery of any and all assignments, certificates, requisitions, agreements, notices, consents, instruments of conveyance, warrants and other documents, which they, or any of them, may deem necessary or advisable in order to consummate the transactions described herein. Whenever in this resolution any officer of the City is authorized to execute or countersign any document or take any action, such execution, countersigning or action may be taken on behalf of such officer by any person designated by such officer to act on his or her behalf in the case such officer shall be absent or unavailable. Section 7. Effective Date. This resolution shall take effect from and after the date of approval and adoption thereof. 3 /l/"f' PASSED AND ADOPTED by the City Council of the City of Chula Vista at a regular meeting thereof held on the 22nd day of September, 1992. AYES: NOES: ABSENT: Presented by: (A ~~~ / Chris Salomone, Executive Secretary and Community Development Director IC,' WP51 'COUNCILIRESOSIMARINA.RES) Bruce M. Boogaard Agency General Coun el 4 /'1"(, , File No. PUBLIC HEARING CHECK LIST CI1Y COUNCIL PUBLIC HEARING DATE c5~~.k- 2Z-) \9Ct2. SUBJECT (1 ~ ~ c:k:, ~ ---l-L.sL ~ '" '-J'./ ~ -..u.... <.::t, ~ ~ t .. ~ . '.J J \ bE>CAllUI-l ~ ~ ~...:t.A- r~ ".... ".. -J. d ~ ", S (.,0 . ~ ~ SENT TO STAR NEWS FOR PUBLICATION -- BY FAX V ; BY HAND ; BY MAIL PUBLICATION DATE C4 J.::s 1.3..+ - - MAILED NOTICES TO PROPER1Y OWNERS NO. MAILED PER GC 54992 Legislative Staff, Construction Industry Fed, 6336 Greenwich Dr Suite F. San Diego, 92122 q h /q 2- LOGGED IN AGENDA BOOK COPIES TO: Administration (4) Planning / / V Originating Department Engineering ~ Others City Clerk's Office (2) ~ POST ON BULLETIN BOARDS 9/3.!Q2- SPECIAL INSTRUCTIONS: -58- ) L/~ ~ SEP 01 '92 11:52 J*H*H*W NOTICE OF PUBLIC HEARING P.3 NOTICE IS HEREBY GIVEN, pursuant to Section 147(t) of the Internal Revenue Code of 1986, that the City Council of the City of Chula Vista will hold a public hearing on Tnesday, September 22. 1992. at the hout of 6:00 p.m., in the Council Chambers, 276 Fourth Avenue, Chula Vista. California, on the question of whether it should approve the issuance by the City of an issue of revenue bonds in the aggregate principal amount of approximately $8,560,000 (the "Bonds"). The Bonds will be issued to refmance the bonds of the City designated the "City of Chula Deposit With Lender Revenue Bonds (Bank of America National Trust and Savings Association), Issue of 1982" issued by the City on December 23, 1982 in the aggregate principal amount of $9,600,000 and maturing on November I, 2007 (the "1982 Bonds"). Proceeds of the 1982 Bonds were used to provide fmancing for the construction of a project located generally at 550 Marina Parkway and 460 Sandpiper Way in the City of Chula Vista, consisting of a 552- slip marina including"docks, landings, mooring facilities. utilities and related facilities, and a 237-space recreational vehicle park including parking, utilities, landscaping and related facilities. Said project is currently owned and managed by Chula Vista MarinaJRV Park Limited. a California Limited Partnership. ALL INDIVIDUALS are invited to attend such hearing and to express their views on the proposed issues of the Bonds for the purpose of refunding the 1982 Bonds. FURTHER INFORMATION may be obtained in the office of the Redevelopment Agency of the City of Churn Vista or by calling (619) 691-5047. DATED: September 1,1992 CITY OF CHULA VISTA Beverly A. Authe1et; City Clerk PUBLISH: September 5, 1992 ;t/.-)O 5EP 01 '92 11:51 J*H*H*W P.2 JONES H A T.L HILL & WHITE, A PROll'ESSIONAL LAW OOBPC>RATION ATrORNEYS AT LAW CIllJl,J..lttiI..A.&.lAJllS STEPBBN JL QASAI.BOOIO JlD(iHA.KL D. OASrJSLU TKOx.AS .... >>OWNBY A.NDREW 0. RALL" JlL 01lBG BAXfll1(etrON ][Jl:NHJtTlI :I. JONB& WILLLt..K H. IlADISON lL w....DIt NO~ DA.YXD or. OSTBK :B1lLUf D. QUINT PAUL J. 'I'BDDIlG DAVIJ) A.. wA.L'1'ON ~()Jo1" S'1!.Ul''l'Ollr WInTR FOVR "a!'M'A lit.. 'ROADEllO 0ltN'TER NINETEENTH PLOO:R SAN Jl'1lANOISCO. OA 9..Ull (41~) 391-D?'60 l"AOSIXILl'I w.J.tn 691-5784 141&) 691-15'785 (415) gtse-830B September 1, 1992 llOtuan' J. HU.L u~~J.088~ . ~""o_~__~,.. Dave Gustaffson Assistant Director of Community Development CITYOFCHULA VISTA 276 Fourth Avenue Chula Vista, California 92010 Re: Chula Vista Marina Refunding Dear Dave: I have received comments from everyone, and have fmOOzed the Notice of Public Hearin~ for the bond issue. The final Notice is enclosed with this letter. I would appreciate it if you could make the arrangements for the Notice to be published once in die local newspaper (any newspaper which is of general circulation in the City will meet the legal requirements - we usUally recommend using the news~ which the City has approved for its legal notices). The deadline for (JUblication is September 8. I have indicated September 5 as the publication date, since Lyman Christoplier told me it could be published on the 8th if the Notice is delivered to the newspaper today. Please give me a call if you have any questions. Thanks for your help. ~ yours, C~dams )1/ -J/ COUNCIL AGENDA STATEMENT SUBMITTED BY: ITEM: 15 MEETING DATE: 9/22/92 Report of the Chula Vista 21 Committee ~ Frank Tarantino, Chair of Chula Vista 21 Committ~ (4/5ths Vote: Yes___No-X-) TITLE: The Chula Vista 2000 Community Task Force, in its April and May 1990 reports to the City Council, recommended the establishment of the Chula Vista 21 Committee with suggested roles that are described further below. The City Council appointed the members of the Chula Vista 21 Committee in the fall of 1990, and the Committee held its first meeting in November 1990. The Committee has held regular meetings, including establishing three subcommittees, and essentially completed its work in June of 1992. Staff then worked with the Committee to prepare the attached report, which was approved at the September 3, 1992 meeting of the Chula Vista 21 Committee. CHULA VISTA 21 COMMITTEE RECOMMENDATIONS: 1. Accept the attached final report of the Chula Vista 21 Committee. 2. Direct staff to further review the projects and funding alternatives shown on the chart on page 6 of the attached report, and provide a report back to the City Council by December of 1993 on the status of these projects. 3. Direct staff to reserve $700 (from funds previously encumbered to support the Chula Vista 21 Committee) as seed money for the next phase of the Chula Vista 2000 strategic planning and implementation process. 4. Authorize staff to send a copy of the Chula Vista 21 report to all former members of the Chula Vista 2000 Community Task Force and to relevant boards/commissions. , ~ STAFF RECOMMENDATION: J'[; ~ )1 Staff concurs with the above recommendations and has one additional recommendation: 5. Authorize the Mayor to send letters of appreciation to the Chula Vista 21 Committee members for their work on the Committee. DISCUSSION: The Summary Report of the Chula Vista 2000 Community Task Force was presented to the City Council on April 24, 1990. It recommended the formation of the Chula Vista 21 Committee to review, synthesize and facilitate the implementation of the Chula Vista 2000 recommendations. 15"/ PAGE 2, ITEM: /.> MEETING DATE: 9/22/92 At the April 1990 meeting, the Council requested that the Chula Vista 2000 Steering Committee review the idea of a ballot proposition regarding a bond issue to obtain funding to help implement portions of the Chula Vista 2000 recommendations. The Chula Vista 2000 Steering Committee's May 25, 1990 report back to the City Council provided conceptual support for a general obligation bond to help implement the Chula Vista 2000 strategies, but concluded that the November 1990 general election would have been premature for a vote on such a bond issue and suggested a subsequent special election instead. The Chula Vista 2000 Steering Committee also recommended that the Chula Vista 21 Committee be assigned to complete the work of developing a list of projects recommended to the City Council for potential inclusion in a bond issue election, and recommended that the Chula Vista 21 Committee be designated to oversee the proper expenditure of the bond funds, if such an election is held and approved. In March of 1991, the newly formed Chula Vista 21 Committee formulated and communicated to the City Council the following Mission Statement for the Committee: . Review and develop Chula Vista recommendations which are not boards/commissions, City staff or priorities for implementation recommendations to the City Council. . Identify and formulate financial and human resources needed to implement recommendations as determined by the Chula Vista 21 Committee. 2000 Community being pursued other agencies. and prov i de Task Force by other Establish appropriate . Explore the feasibility of a bond issue/benefit district election, and monitor bond fund expenditures if the election is held and is successful. The attached report of the Chula Vista 21 Committee provides additional background on the Chula Vista 2000 Community Task Force as the genesis for the Chula Vista 21 Committee, as well as the process, findings and conclusions, and recommendations of the Committee. The remainder of this Council agenda statement will summarize the key points in the report. Chula Vista 21 established subcommittees which reviewed all of the recommendations of the original six Chula Vista 2000 subcommittees to determine the degree to which the recommendations had been implemented. The resulting six Implementation Status Reports, keyed to the recommendations as presented in the December 1989 Chula Vista 2000 Subcommittee Reports, are included as Attachment C. The Chula Vista 21 Committee was pleased to find that a number of the Chula Vista 2000 recommendations have already been implemented or are in the process of being implemented. Examples include: . Establishing the Economic Development Commission, the Cultural Arts Commission, and the Child Care Commission; /5"';' PAGE 3, ITEM: I~ MEETING DATE: 9/22/92 . Starting a City-wide Park Master Plan; . Establishing the Youth Sports Council; . Joint use agreements with school districts, such as the one for the new Youth Center; . Progress on planning the Otay Valley Regional Park; . Hiring a Conservation Coordinator and Environmental Resource Manager; . Implementing a mandatory recycling ordinance: . Providing intergenerational programming at some community centers; . Obtaining a major California state grant to build a library in south Chula Vista; . Approving use of the City owned building at 633 3rd Ave. as a Chula Vista Heritage Museum; . Creating and distributing an Arts Directory. Of the Chula Vista 2000 recommendations which have not yet been fully implemented, the Chula Vista 21 Committee identified two lists of projects to highlight. One list consists of projects the Committee has voted to support in concept without any other specific action being recommended by Chula Vista 21, and those projects are shown in Attachment B. The second 1 i st of projects the Chu 1 a Vi sta 21 Committee voted to high 1 ight involve Capital Improvement Projects for which funding may be difficult or prolonged. These Chula Vista 21 project priorities, in order of importance, are as follows: 1. Park Acqu i s it ion and Deve lopment of Land in Southwestern/Western Chula Vista, including Community Center/Gymnasium 2. Construction of Cultural Arts Complex 3. Community Center/Gymnasium/Youth Center in Eastern Chula Vista 4. Sports Complex with Ball fields and Soccer Fields 5. Aquatic Complex in Eastern Chula Vista 6. Land Acquisition for Otay Regional Park 7. Construction of Library in Eastern Chula Vista (a bond issue would allow the construction of one library much earlier than the collection of development impact fees would otherwise allow) 15,3 PAGE 4, ITEM: MEETING DATE: /S' 9/22/92 8. Eucalyptus Park Improvements 9. Secure Site for History/Genealogy Museum in Downtown Chula Vista 10. Tennis Complex in Eastern Chula Vista The Chula Vista 21 Committee was initially envisioning these as potential projects to be considered at an election on a general obligation bond. The Committee has concluded, however, that the current economic recession is not an appropriate time to pursue a bond election. The Committee and City staff have also identified other potential funding sources for these Chula Vista 21 project priorities, which are shown in the form of a matrix on page 6 of the Committee's report. A number of these projects and funding alternatives are already being actively pursued by the City, but not all of them. The Committee therefore recommends that staff further review the projects and funding alternatives that are not already being actively pursued, and provide a report to the City Council by December 1993 on the status of these projects. At that time, depending on progress made on the projects and funding alternatives and depending on the economic climate, the Council may then want to further consider holding an election on a general obligation bond to help fund some of the projects. Although the Chula Vista 21 Committee has concluded that the current economic recession is not an appropriate time to pursue a bond election, the Committee is still supportive of the possible future need to pursue a general obligation bond and election in order to maintain and enhance our quality of life. The Chula Vista 2000 Steering Committee, in its May 1990 report on this subject, had approved in concept limiting the potential benefit district and bond issue election to the area west of I-80S, but the Chula Vista 21 Committee would instead recommend that the potential benefit district and election, if held, be city-wide. A special election in 1995 might be the most appropriate timing for such a city-wide election on a general obligation bond, if one is to be called. The Chula Vista 2000 Steering Committee's May 1990 report also recommended the Chula Vista 21 Committee be designated to oversee the proper expenditure of bond proceeds, if such a bond election is held and approved. Since the Chula Vista 21 Committee does not envision itself continuing in existence beyond the completion of the attached final report, the Committee instead suggests that the Growth Management Oversight Commission could serve to provide this citizen oversight function for the expenditure of bond proceeds, if an election is held and approved. To help "close the loop" with the over 200 participants in the Chula Vista 2000 Community Task Force, the Committee has also recommended sending copies of the Chula Vista 21 Committee's report to the former members of Chula Vista 2000 as well as to relevant boards/commissions. The Chula Vista 21 Committee originally had also intended to invite the former members of Chula Vista 2000, the City Council, the chairs of relevant boards/commissions, and Chula Vista 21's staff liaisons to a wrap-up celebration /5;1 PAGE 5, ITEM: ~ MEETING DATE: 9/22/92 with light refreshments to mark the end of this phase of the Chula Vista 2000 strategic planning and implementation process. From the FY 1991-92 funds budgeted to support the Chula Vista 21 Committee, staff had encumbered $700 for such a reception/celebration. Considering the difficult economic times, however, the Committee has decided not to hold a reception/celebration and instead recommends that the $700 be reserved as seed money for the next phase of the strategic planning and implementation process. FISCAL IMPACT: None by this action, other than reserving $700 from funds that were previously encumbered to support the Chula Vista 21 Committee. The projects summarized above and discussed in the attached report can have significant fiscal impacts, but those projects will be brought back to the Council individually at the appropriate time. (A:A1l3RPT) /5-> /15 Jh ~15 CHULA VISTA 21 COMMITTEE'S REPORT TO THE CITY COUNCIL ~~~ ~ .~~------- ~~~~ CllY OF CHUlA VISTA CHULA VISTA 21 COMMITTEE MEMBERS Frank Tarantino, Chair David Sm1th, Vice Chair Constance ByrlJJ/J Li ta David Nicolle DePriest Robert Garcia Carl Harry" Susan Herney '1'1111. Jones* Barbara McAllister SU18anne N1.ller Bobbie Morris Marlene Rosenwald Naomi. Ross Judy Schulenberg plJJ/J Sm1 th* Dency Souval Jose Viesca* WillilJJ/J Virchis* John Willett 9/3/92 *Ex-Officio Members /5'- ? CHULA VISTA 21 COMMITTEE'S REPORT TO THE CITY COUNCIL GENESIS OF THE CHULA VISTA 21 COMMITTEE The Chula Vista 2000 Community Task Force was appointed by the Chula Vista City Council in the Spring of 1989 to help plan the City's future into the next century. The task force had more than 200 participants, who were divided into six working subcommittees and a steering committee. The subject areas for the six subcommittees were: Cultural Arts; Environmental Issues & Open Space; Economic Development/Jobs; Child & Adult Care; Libraries; and Parks & Recreation. Each subcommittee had a specific mission that was part of the larger mission of Chula Vista 2000 -- to develop specific, forward looking strategies that: . Maintain and enhance our quality of life; . Recognize our ethnic, geographic, educational and economic diversity; . Reflect the varied needs and hopes of all ages; and . Can be implemented by a determined effort of citizens, government and business. The Chula Vista 2000 subcommittees followed a structured "strategic planning" process, and considered strengths and weaknesses, goals and specific objectives in each of their respective areas. Each of the six Chula Vista 2000 subcommittees formulated strategies and recommendations to bring about the desired objectives, and prepared subcommittee reports in December of 1989. The Chula Vista 2000 Steering Committee then prepared a Summary Report to the City Council in April of 1990. The Chula Vista 2000 Summary Report synthesized the recommendations of the six subcommittees into three key themes: . A Growing Investment in People, including recreational services, the arts, libraries and the family; . A Continued Commitment to the Environment, encompassing strengthening our environmental assets and ensuring continued vigilance; and . The Importance of a Broader Economic Base, with emphasis on attracting new business and enhancing the return on our existing assets. The overall thrust of the Chula Vista 2000 Summary Report was "Making a nice place to live even better," and the report represented a "wish list" of ideas and proposals for implementation. One of the recommendations of the Chula Vista 2000 Community Task Force was the formation of a citizen-based committee -- named Chula Vista 21 -- to review, 1 / ~C;- 8" synthesize and facilitate the implementation of the Chula Vista 2000 recommendations. The Chula Vista 2000 Summary Report was presented to the City Council at its April 24, 1990 meeting. In addition to receiving the report, the City Council requested that the Chula Vista 2000 Steering Committee review the idea of putting a ballot proposition regarding a bond issue on the November 1990 general election, in order to obtain funding to implement portions of the Chula Vista 2000 recommendations. The Chula Vista 2000 Steering Committee's May 25, 1990 report back to the City Council provided conceptual support for a general obligation bond to help implement the Chula Vista 2000 strategies. The Steering Committee recommended, however, that such a bond issue be placed before the voters at a special election (rather than the November 1990 general election) to be called by the Council at a later date, such as some time in 1991. In its May 1990 report, the Chula Vista 2000 Steering Committee also recommended that the Chula Vista 21 Committee be assigned to complete the work of developing a list of projects recommended to the City Council for inclusion in a bond issue election. The Steering Committee further recommended that the Chula Vista 21 Committee be designated to oversee the proper expenditure of the bond funds, if such an election is held and approved, to help provide additional public assurance that the money would be spent for the projects included in the bond issue proposition. MISSION STATEMENT FOR CHULA VISTA 21 COMMITTEE The City Council appointed the members of the Chula Vista 21 Committee in the Fall of 1990, and the Committee held its first meeting in November of 1990. The Committee is a mixture of former members of the Chula Vista 2000 Community Task Force and citizens who had not previously been involved in the Chula Vista 2000 process. The Committee's members and its City staff liaisons are shown on Attachment A-I. At its initial meetings, the Chula Vista 21 Committee heard presentations regarding the process and recommendations of the Chula Vista 2000 Task Force from former Mayor Cox, Chula Vista 2000 Chair Mike Green, and representatives from each of the six Chula Vista 2000 subcommittees. After discussing its mission at some length, the Committee then formulated the following mission statement at its March 7, 1991 meeting: . Review and develop Chula Vista 2000 Task Force recommendations which are not being pursued by other commissions/boards, City staff or other agencies. Establish priorities for implementation and provide appropriate recommendations to the City Council. . Identify and formulate financial and human resources needed to implement recommendations as determined by the Chula Vista 21 Committee. . Explore the feasibility of a bond issue/benefit district election, 2 ;';:7 and monitor bond fund expenditures if the election is held and is successful. This mission statement was also communicated to the City Council in March 1991. CHULA VISTA 21'S PROCESS As part of its orientation, the Chula Vista 21 Committee also heard presentations on the City budget by City Manager John Goss, a General Plan overview by Planning Director Bob Leiter, and an overview of the City's Legislative Program by Assistant City Manager Sid Morris and Management Assistant Iracsema Quilantan. The Chula Vista 21 Committee formed the following three subcommittees in April of 1991: . Subcommittee A: To review and prioritize the recommendations of the Chula Vista 2000 subcommittees regarding Parks & Recreation, Environmental Issues & Open Space, and Child & Adult Care. . Subcommittee B: To review and prioritize the recommendations of the Chula Vista 2000 subcommittees regarding Libraries, Cultural Arts, and Economic Development/Jobs. . Resources Subcommittee: To start identifying resources needed to implement recommendations, including starting to explore the feasibility of a bond issue/benefit district election. The members of each of these subcommittees and their City staff liaisons are shown on Attachment A-2. As indicated above, Subcommittees A and B reviewed all the recommendations of the six Chula Vista 2000 subcommittees to determine the degree to which the recommendations had been implemented. The resulting six Implementation Status Reports, keyed to the recommendations as presented in the December 1989 Chula Vista 2000 Subcommittee Reports, are included as Attachment C. Other boards/commissions and staff were contacted in preparing the Implementation Status Reports, and they are identified in Attachment A-3. Subcommittees A and B, as well as the overall Chula Vista 21 Committee, then went through several rounds of categorizing and prioritizing of projects. Chula Vista 2000 recommendations that had already been implemented were dropped from further consideration, as were other Chula Vista 2000 recommendations that were actively being pursued by other boards/commissions or City staff, unless lack of funding was a significant obstacle. The Committee also reviewed the Chula Vista 2000 recommendations for which funding was a problem to determine which were most appropriate to be considered as part of a potential bond issue election. During the period that Subcommittees A and B were preparing the Implementation Status Reports, the Resources Subcommittee was separately reviewing various financial options, such as general obligation bonds, Mello-Roos districts, special assessment districts, grants, and fund raising. The Resources Subcommittee analyzed the potential use of bond proceeds from different types of 3 /~~.-'/ / tJ benefit districts and the potential impacts on homeowners of various tax rates. The subcommittee also reviewed the question of a City-wide benefit district and election vs. one limited to the neighborhood west of 1-805, and discussed regular vs. special elections. As part of its review, the Resources Subcommittee heard presentations by a financial consultant and by the organizer of a bond campaign in another city. It also formulated a potential fund raising program, "2000 Steps for Chu1a Vista," which is summarized in the next section. The Resources Subcommittee discussed its findings at several meetings of the overall Chu1a Vista 21 Committee. FINDINGS AND CONCLUSIONS The Chu1a Vista 21 Committee was pleased to find that a number of the Chu1a Vista 2000 recommendations have already been implemented or are in the process of being implemented. Examples include: . Establishing the Economic Development Commission, the Cultural Arts Commission, and the Child Care Commission: . Starting a City-wide Park Master Plan: . Establishing the Youth Sports Council; . Joint use agreements with school districts, such as the one for the new Youth Center: . Progress on planning the Otay Valley Regional Park; . Hiring a Conservation Coordinator and Environmental Resource Manager: . Implementing a mandatory recycling ordinance; . Providing intergenerationa1 programming at some community centers; . Obtaining a major California state grant to build a library in south Chu1a Vista; . Approving use of the City owned building at 633 3rd Ave. as a Chu1a Vista Heritage Museum; . Creating and distributing an Arts Directory. Of the Chu1a Vista 2000 recommendations which have not yet been fully implemented, the Chu1a Vista 21 Committee has identified two lists of projects to highlight. Each list is discussed separately below. One list consists of projects the Committee has voted to support in concept without any other specific action being recommended by Chu1a Vista 21. Many of the projects on this list, which is provided in Attachment B, involve the City's operating budget. The Committee does not feel it is in a position to prioritize these projects in relationship to other parts of the City's operating budget 4 l~' JI (including Police, Fire, and Public Works) that the Chula Vista 21 Committee did not review. The Committee is therefore not making any particular recommendations to the Council on these items, except to indicate that the Committee supports them in concept. The second list of projects the Chula Vista 21 Committee has voted to highlight involve Capital Improvement Projects for which funding may be difficult or prolonged. These Chula Vista 21 project priorities, in order of importance, are as follows: 1. Park Acqu i s it ion and Development of Land in Southwestern/Western Chula Vista, including Community Center/Gymnasium 2. Construction of Cultural Arts Complex 3. Community Center/Gymnasium/Youth Center in Eastern Chula vista 4. Sports Complex with Ball fields and Soccer Fields 5. Aquatic Complex in Eastern Chula vista 6. Land Acquisition for Otay Regional Park 7. Construction of Library in Eastern Chula Vista (a bond issue would allow the construction of one library much earlier than the collection of development impact fees would otherwise allow) 8. Eucalyptus Park Improvements 9. Secure Site for History/Genealogy Museum in Downtown Chula Vista 10. Tennis Complex in Eastern Chula Vista The Chula Vista 21 Committee was initially envisioning these as potential projects to be considered at an election on a general obligation bond. (General ob 1 i gat ion bond proceeds can on ly be used for capital improvements, not for operating expenses.) As discussed further below, however, the Committee has concluded that the current economic recession is not an appropriate time to pursue a bond election. The Committee and City staff have also identified other potential funding sources for the Chula Vista 21 project priorities shown above. Those alternate funding sources are shown in the form of a matrix for these projects on Chart I. A number of these projects and funding alternatives are already being actively pursued by the City, but not all of them. The Committee therefore recommends that staff further review the Chart I projects and funding alternatives that are not already being actively pursued, and provide a report to the City Council by December 1993 on the status of these projects. At that time, depending on progress made on the projects and funding alternatives and depending on the economic climate, the Council may then want to further consider holding an election on a general obligation bond to help fund some of the projects. 5 /.5//c2 ,"-... ~ "-.:.. \....J CHART I CHULA VISTA 21 PROJECT PRIORITIES ~ POTENTIAL FUNDING ALTERNATIVES PROJECT PRIORITIES GO Development Friends Fundraislng Commercial BONO' DIF. PAD. Agreements Grants CDBG. RDA. o! Parks (2000 Steps) Recreation Activities 1. Park Acquisition and Development of land In Southwestern/Western O1ula Vista X X X X X X X X 2. Construction of Cultural Arts Complex X X X X X X 3. Community Center/Gymnasium/Youth Center X X X X X X X X X X 4. Spons Complex X X X X X X X X X X 5. Aquatic Complex X X X X X X X X X X 6. Land Acquisition for Qtay Regional Park X X X X X X X X 7. Construction of Ubrary in Eastern O1ula VISta X X X X X X 8. Eucalyptus Park Improvements X X X X X X X X 9. Secure Site for History/Genealogy Museum In X X X X X Downtown O1ula VlSfa 10. Tennis Complex X X X X X X X X X X .GO BOND - General Obligation Bond .DIF - Development Impact Fee *PAD - Park Acquisition & Development Fee .CDBG - Community Development Block Grant .RDA - Redevelopment Jlgeney (k....0A) As indicated above, the Chula Vista 21 Committee had previously (in February 1992) voted unanimously to support the feasibility of such an election on a bond issue. Although the Committee has since concluded that the current economic recession is not an appropriate time to pursue a bond election, the Chula Vista 21 Committee is still supportive of the possible future need to pursue a general obligation bond in an election in order to maintain and enhance our quality of life. The following information and conclusions regarding a potential bond issue election are therefore provided as background information in case the issue is reconsidered in late 1993 or subsequently. Although the Chula Vista 2000 Steering Committee, in its May 1990 report on this subject, had approved in concept limiting the potential benefit district and therefore the bond issue election to the area west of 1-805, the Chula Vista 21 Committee would instead recommend that the potential benefit district and election, if held, be city-wide. The Chula Vista 21 Committee has concluded that limiting the benefit district to the western neighborhood could be detrimental and divisive to the overall city. Conversely, a city-wide bond election that would help fund projects of interest city-wide could build a greater sense of community, although the potential for controversy over any bond election needs to be acknowledged. Attachment D provides information regarding assessed valuation and potential revenue from a general obligation bond. As indicated in the attachment, the median or "mid point" residential net assessed valuation (as of December 1991) in the neighborhood west of 1-805 is $58,557 and for the entire City is $79,780. Thus at a tax rate of $50 per $100,000 of net assessed valuation, the median household west of 1-805 would pay $29.28 per year, and the median household City- wide would pay $39.89 per year. At this tax rate, the net bond proceeds for the area west of 1-805 would range from $10.4 million to $12.8 million; for the entire City the net bond proceeds would range from $18 million to $22.2 million. These ranges vary depending on the interest rate at the time of bond issuance as well as on the length of the bond obligation (20-25 years). These figures reflect commercial/industrial as well as residential assessed valuation. As long as a 2/3rds vote (rather than a simple 50% majority) is required to pass a general obligation bond, most experts would recommend that a bond election be held at a special election, rather that at a general election, to allow a better opportunity to focus community attention on the bond election with less chance of it being lost in the publicity of the multitude of other issues at general elections. That is one of the reasons that the Chula Vista 2000 Steering Committee had recommended a special election rather than a general election. A special election can be held in April, June or November of odd years (eg. 1993 or 1995). The Committee therefore suggests that 1995 might be the most appropriate timing for such an election, if one is to be called. The cost of a City-wide special election would be about $175,000. One of the fund raising ideas identified by the Chula Vista 21 Resources Subcommittee is called "2000 Steps for Chula Vista". Such a fund raising project could be used to help pay for the cost of a special election (rather than a regular election) for a bond issue if the City Council approves holding such an 7 /5'-JLj election at a later date. It could also be used as a fund raising mechanism for other worthwhile community projects, and is therefore included as a funding alternative on Chart I. The "2000 Steps for Chula Vista" fund raising project would be a conscious take- off on the Chula Vista 2000 name. The idea would be to sell at least 2,000 bricks, which would have up to two lines of engraving of up to 18 characters per line. Depending on their selling price ($35 to $50) as well as the cost to purchase and install the bricks, an estimated $30,000 to $70,000 could be raised through the sale of 2,000 bricks. The first 2,000 bricks could be used for walkways into Memorial Park. If this idea proves successful, it could also be used in other City parks or perhaps other locations throughout the City. Another issue that had been raised by the Chula Vista 2000 Steering Committee in its May 1990 report to the City Council was the designation of the Chula Vista 21 Committee to oversee the proper expenditure of the bond proceeds to help provide additional public assurance that the money would be spent for the projects included in the bond issue proposition, if such a bond election is held and approved. Since the Chula Vista 21 Committee does not envision itself continuing in existence beyond the completion of this report, the Committee instead suggests that the Growth Management Oversight Commission could serve to provide this citizen oversight function for the expenditure of bond proceeds if an election is held and is approved. RECOMMENDATIONS OF CHULA VISTA 21 COMMITTEE: As indicated in the previous section, the Chula Vista 21 Committee recommends that the City Council direct staff to report back to the Council by December of 1993 regarding the status of the projects and funding alternatives listed in Chart I. If the City Council accepts this report from the Chula Vista 21 Committee, the Committee also recommends that a copy of the report be sent to all former members of the Chula Vista 2000 Community Task Force, as well as to the relevant boards and commissions: Parks and Recreation Commission, Library Board of Trustees, Child Care Commission, Commission on Aging, Resource Conservation Commission, and Economic Development Commission. The Chula Vista 21 Committee originally had also intended to invite the former members of Chula Vista 2000, the City Council, the chairs of the above boards and commissions, and Chula Vista 21's staff liaisons to a wrap-up celebration with 1 ight refreshments to mark the end of this phase of the Chula Vista 2000 strategic p 1 ann ing and imp lementat ion process. From the FY 1991-92 funds budgeted to support the Chula Vista 21 Committee, staff had encumbered $700 for such a reception/celebration. Considering the difficult economic times however, the Committee has decided not to hold a reception/celebration and instead recommends that the $700 be reserved as seed money for the next phase of the strategic planning and implementation process. Potential uses for this seed money can be addressed in the above recommended staff report on specific projects and funding alternatives. 8 /' /' /!; ~ /~ CONCLUDING COMMENT As indicated in this report, much of what was envisioned by the Chula Vista 2000 Community Task Force has already been accomplished but much also remains to be done. This report is intended to provide a snapshot of the implementation status of the Chula Vista 2000 recommendations, along with support and ideas to fac i 1 itate the accomp 1 i shment of some of the recommendat ions that are more difficult because of their funding needs. This report, as well as the original Chula Vista 2000 reports, should be considered dynamic parts of the ongoing community process of "Making a nice place to live even better." (A:FIN-RPT) 9 /5/)? A B C D (A:RPT-ATT) ATTACHMENTS TO CHULA VISTA 21 REPORT CHULA VISTA 21 COMMITTEE A-1: PARTICIPANTS A-2: SUBCOMMITTEES A-3: CONTACT PERSONS AND GROUPS LIST OF PROJECTS TO SUPPORT IMPLEMENTATION STATUS REPORTS C-2: PARKS & RECREATION C-7: ENVIRONMENTAL ISSUES & OPEN SPACE C-10: CHILD AND ADULT CARE C-15: LIBRARIES C-17: CULTURAL ARTS C-1a: ECONOMIC DEVELOPMENT/JOBS NET ASSESSED VALUATION /~-/7 ATTACHMENT A CHULA VISTA 21 COMMITTEE PARTICIPANTS Chu 7a Vista 21 COlllllittee Hembers Frank Tarantino, Chair David Smith, Vice Chair Constance Byram Lee Chapman* Lita David Nicolle DePriest Robert Garcia Ken Harlan** Carl Harry (ex-officio) Susan Herney Tim Jones (ex-officio) Barbara McAllister Suzanne Mi ller Bobbie Morris Marlene Rosenwald Naomi Ross Judy Schulenberg Pam Smith (ex-officio) Dency Souval Jose Viesca (ex-officio) William Virchis (ex-officio) John Wi llett Katy Wright** *Resignation accepted by City Council on 7/03/91 **Resignation accepted by City Council on 2/4/92 City Staff Liaisons to Chu7a Vista 21 COlllllittee Jim Thomson Jess Valenzuela Lyman Christopher Rosemary Lane Dave Palmer Lance Fry Sunny Shy Jerry Foncerrada Lance Abbott A-l /5//,5)' ATTACHMENT A MEMBERS OF SUBCOMMITTEE A (To review and prioritize the recommendations of the Chula Vista 2000 Parks and Recreation, Environmental Issues/Open Space, and Ch ild and Adu lt Care Subcommittees) John Willett, Chair Marlene Rosenwald, Vice Chair Constance Byram Tim Jones (ex-officio) Naomi Ross Pam Smith (ex-officio) Katy Wright** City Staff L ia isons to Subconrnittee A Lance Fry Jerry Foncerrada MEMBERS OF SUBCOMMITTEE B (To review and prioritize the recommendations of the Chu la Vista 2000 Libraries, Cultural Arts, and Economic Development/Jobs Subcommittees) Lita David, Chair Bill Virchis, Vice Chair Ken Harlan** Carl Harry (ex-officio) Suzanne M i 11 er Jose Viesca (ex-officio) City Staff L ia isons to Subconrnittee 8 David Palmer Lance Abbott Sunny Shy MEMBERS OF RESOURCES SUBCOMMITTEE (To start identifying resources needed to implement recommendations, including starting to explore the feasiblity of a bond issue/benefit district election) Judy Schulenberg, Chair Constance Byram, Vice Chair Nicolle DePriest Robert Garcia Susan Herney Barbara McAllister Bobbie Morris Dency Souval City Staff Liaisons to Resources Subconrnittee Lyman Christopher Jim Thomson (A:RPTLST) A-2 J5'~ /; CONTACT PERSONS AND GROUPS SUBCOMMITTEE A PARKS AND RECREATION Parks and Recreation Commission Jess Valenzuela Jerry Foncerrada ENVIRONMENTAL ISSUES/OPEN SPACE Resource Conservation Commission Parks & Recreation Commission Lance Fry Ken Larsen Bob Leiter Dick Foster Athena Bradley Carole Stinnett Stephanie Snyder Jeri Gulbransen CHILD AND ADULT CARE Child Care Commission Commission on Aging Jess Valenzuela Sunny Shy Bob Morris SUBCOMMITTEE B LIBRARIES Library Board of Trustees Chula Vista Historical Society Rosemary Lane David Palmer Nora McMartin CULTURAL ARTS Cultural Arts Commission Jess Valenzuela Sunny Shy Diana Richardson ECONOMIC DEVELOPMENT/JOBS Economic Development Commission Lance Abbott Chris Salomone Cheryl Dye Sid Morris John Su 11 ard RESOURCES SUBCOMMITTEE ATTACHMENT A Jess Valenzuela Jerry Foncerrada Bob Sennett Pam Buchan Fred Kassman A 1 i sa Rogers Steve Neudecker Carl Kadie (of Kadie-Jensen, Johnson & Bodnar) Anna Newton (City of Santee) Lyman Christopher Jim Thomson Jerry Foncerrada A-3 /5',02 () (A:IeI.SI1) ATTACHMENT B PROJECTS SUPPORTED BY CHULA VISTA 21 The Chula Vista 21 Committee has voted to support the following projects in concept without any other specific action recommended: INNOVATIVE SOLUTIONS TO MEET CHILD/ADULT DAY CARE NEEDS CHILD CARE COORDINATOR POSITION CONDUCT PUBLIC FORUMS ON RECYCLING TO INFORM AND EDUCATE THE PUBLIC RECOMMENDATION FOR A MORE COMPREHENSIVE PROPERTY MAINTENANCE STANDARDS ORDINANCE EXPLORE ADDITIONAL FUNDING MECHANISMS IN SUPPORT OF NEIGHBORHOOD BEAUTIFICATION PROGRAMS FORMAL JOINT-USE AGREEMENT BETWEEN 3 SCHOOL DISTRICTS AND THE CITY ADOPT-A-PARK AND ADOPT-A-TRAIL PROGRAMS CREATION OF A CHILDREN'S MUSEUM CREATION OF A FULL-TIME CULTURAL ARTS COORDINATOR POSITION DEVELOPMENT OF A DESTINATION RESORT PROJECT ESTABLISH A CONVENTION & VISITOR'S BUREAU WHEN APPROPRIATE ADOPT & SUPPORT REVENUE-PRODUCING, APPROPRIATE DEVELOPMENT OF MID-BAYFRONT HELP INCREASE PUBLIC AWARENESS OF EXISTING EDUCATIONAL OPPORTUNITIES PROVIDE ALTERNATIVE TRANSPORTATION OPTIONS PROMOTE THE DEVELOPMENT OF SMALL BUSINESSES IN CHULA VISTA DEVELOPMENT OF A COMPREHENSIVE CHILD CARE POLICY FOR THE CITY OF CHULA VISTA DEVELOPMENT OF A COMPREHENSIVE ADULT CARE POLICY FOR THE CITY OF CHULA VISTA DEVELOPMENT OF A CITY-WIDE PARK MASTER PLAN NEED FOR A TREE PLANTING COORDINATOR (EXISTING STAFF) INCREASE AVAILABLE SPACES FOR ADULT DAY HEALTH CARE WITHIN THE MONTGOMERY AREA OF CHULA VISTA CREATE A LIBRARY FOUNDATION TO SUPPORT OPERATION OF LIBRARY(IES) ADDRESS CHILD CARE LEGISLATIVE ISSUES SPONSOR A FORUM FOR BUSINESS/COMMUNITY ON CHILD CARE NEEDS ESTABLISH PARKS AND RECREATION STANDARDS FOR DEVELOPMENT FOR PASSIVE/ACTIVE PARKS UPDATE PAD FEES: A PARK DIF AND PARK BENEFIT FEES AND DEVELOPERS CONTRIBUTING TO AN ENDOWMENT WHERE FUNDS WOULD BE USED FOR FIRST YEAR OPERATION OF PARKS CREATION OF A FOUNDATION TO SUPPORT OPERATIONS OF A CULTURAL ARTS COMPLEX CONCEPT OF DEVELOPING INTER-GENERATIONAL PROGRAMS PROVIDE A COORDINATOR FOR ADULT CARE (A:BlUE-FIN) B-1 j~~/ ATTACHMENT C IMPLEMENTATION STATUS REPORTS This attachment provides Implementation Status Reports (as of August 1992) keyed to the recommendations in the December 1989 reports of the six subcommittees of the Chula Vista 2000 Community Task Force. The Implementation Status Reports are organized as follows: C-2:. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . PARKS & RECREATION C-7:......................................ENVIRONMENTAL ISSUES AND OPEN SPACE C-I0:................................... ..CHILD AND ADULT CARE C-15:.................................... .LIBRARIES C-17:.................................... . CULTURAL ARTS C-18:.....................................ECONOMIC DEVELOPMENT/JOBS (A:AlTe) C-l /' . /.7 'c2-2. ?'--... \;\ ~ W CHULA VISTA 21 SUBCOMMITTEE A IMPLEMENTATION STATUS REPORT PARKS AND RECREATION MATRIX n I N I Chula Vista 2000 Strategies I Staff Comments Chula Vista 21 Comments 1. Increase Facilities and programs west of 1-805. Support of a Public Bond to finance acquisition of vacant property prior to commercial development. lA. Assess new apartment, commercial and Staff is evaluating the feasibility of Support the development of a PBF for industrial developments to provide funds establishing a Park Benefit Fee (PBF) or Council approval. for park acquisition and development. Development Impact Fee (DIF). Staff is in the process of developing a Development of a Park Master Plan Citywide Park Master Plan (PMP), which including an inventory of available land will identify present and future park should be given highest priority. (Funding location and amenities, citizen need, and for such a project could be derived through how each park would complement one a Park Development Impact Fee, developer another. exactions, general fund and grants). lB. Acquire land next to schools and open The Citywide Park Master Plan will include Compile estimate of monies required to space. properties that are contiguous to schools, purchase available land, based on available whenever feasible. In the 1992-93 Capital land analysis. Determine potential funding Improvement Program budget funds have sources and develop sbared agreements been earmarked for acquisition. between affected organizations. lC. Stress development of multi-purpose Mixed active and passive park and Establish park and recreation standards for facilities for youth and adults (need active recreation uses will be included as part of the development of passive and active parks. parks for programs). the Park Development GuidelineslPark (This shall include facility dimensions, Master Plan. Attention will be given to net design, size, and acceptable materials). usable park acreage. '---- , "\ ~ ~ Parks and Recreation, Page 2 (") I W ChoIa Vista 2000 Strategies Staff Comments I ChoIa Vista 21 Comments I 10. Encourage active parks for programs Active parks for programs will be a Continue to update park acquisition and rather than mini-parks or vest pocket component of the Park Master Plan. development fees as costs escalate. parks. However, this will not rule out the placement of mini-parks where appropriate. lE. A void locating facilities on or near City The Park Master Plan will identify park Encourage the development of a policy on borders. locations whose servioe radius would best service radius areas as part of the Citywide meet the needs of City residents. Park Master Plan. 2. Carefully balanoe Parks and Recreation The Park Master Plan will include survey of Support hiring a consultant to prepare a Facilities Programs geographically. present and future park amenities. Upon Citywide Master Plan (including a recreation completion, recommendations may be made needs study. A sensitivity to affordahility of to amend the existing element into the services should be given to areas of general plan. economic need. Also ensure that existing facilities are kept in superior conditions through capital improvements.) 2A. Develop a Youth Sports Council to help City Council adopted Youth Sports Council No further action is required. schedule parks and facilities uses. and the group is operating successfully. 2B. Make more effective use of available This is a goal and on-going effort set by Parks Department compile list of those goals parks and recreation resouroes. Director of Parks and Recreation. reqoiriog financial assistanoe for inclusion into bond support package. 2C. Ensure programs in newer portions of Staff plans to periodically update the Parks Support the update of PAD fees; develop a Chula Vista are developed and that Acquisition and Development Fees and Park DIP and Park Benefit Fee. (Cousider development fees are adequate in new consider establishing a Park Benefit Fee or the reqoirement the developers contribute to areas as services come on line. Park Development Impact Fee for future an endowment, whereby funds would be facilities. used for the first year operation of the park.) n I ..,. ~ 's' \ , \ ~ \{-, \ Parks and Recreation, Page 3 Chula Vista 2000 Strategies 3. Develop a formal joint use agreement among City of Chula Vista, Sweetwater Union High School and Southwestern College Districts. 3A. Make more efficient use of playground areas after school. Staff Comments Staff has negotiated and Council has adopted a joint-use agreement with the SUHD for the operation of the Youth Center. In addition, agreements which indemnify and hold harmless each District (Sweetwater, Chula Vista Elementary, and Southwestern College) and City for use of each others respective sites has been approved by Council. Finally staff is in the process of negotiating a joint-use agreement for the Community Park and High School at EastLake Greens. Mechanism needs to be implemented to aid the School District and City in offsetting maintenance and operation cost of facilities used. Staff is investigating school sites that could serve as prime candidate sites for active recreation development. II Chula Vista 21 Comments Encourage the development of joint use agreements. Recommend staff analyze the cost of using School District facilities, present funding and recommendations to City Council for approval. Encourage the Youth Sports Council to continue to schedule Youth Sports Leagues on District property, depending on the playability of the area. Dependent on City/School formal agreement. Financial assistance required. Encourage staff from District and City to determine what the cost would be to rehabilitate school grounds and expand school grounds to develop additional play areas. n I V. ~ \J\ ~ '" Parks and Recreation, Page 4 I Chula Vista 2000 Strategies II Stall' Comments ~ Chula Vista 21 Comments I 4. Create Adopt-a-Park and Adopt-a- Trail Staff plans to include this concept in the re- Support Planning Department's report dated Program. establishment of a non-profit corporation August 1991. 'Friends of the Parks' to maximize outside revenue sources and opportunities for park Support priority level of effort, in developing acquisition, expansion, operations and sponsor support. enhanced programming. Support the creation of an organization titled 'Friends of the Park' 5. Work closely with development of'F' Street Staff is working with Bayfront developers Support staff efforts and recommend Parks Bayfront to encourage publiciprivate recreational and the Port District to ensure passive and and Recreation Commission monitor project interface. active needs are met with continued public progress. access to the Bayfront. 6. Hire staff person to coordinate public relations, Budget request has been deferred due to Support the need for such a position and media, market plans and evaluate all programs. lack of funding. resubmit for next fiscal year requirements. 7. Develop and implement a funding strategy. 7A. Propose bond issue for open space and An economic recession may not be a Develop data for submission of a public parks. realistic time to pursue a bond election. bond issue. Elements of this bond issue shall include funds for property acquisition, land acquisition and facility rehabilitation, retrofit, expansion and development. 7B. Assess new commercial(mdustrial Staff plans to evaluate the feasibility of CV 21 (c) Committee needs to generate a developments to provide funds for land instituting a Park Benefit Fee (PBF) or public bond to finance acquisition and purchases. Parks DIF for consideration by the City development of vacant property. Council. 7C. Require redevelopment areas to include Staff will continue to work with Community A new policy may be required to support land for parks and open space. Development staff on the acquisition and areas west of 805 and Otay Regional Valley development of park/open space, Park. particularly west of the 805 freeway. ("") I '" ""- .~ ~ "-.J Parks and Recreation, Page 5 Chula Vista 2000 Strategies Staff Comments Chula Vista 21 Comments 8. Plan an Otay Valley Regional Park that will Staff is working with the City and County of Supports the effort of staff and recommends enhance the quality of life for Chula Vistans. San Diego, the Citizens Advisory Committee Committee 'C' include support for a bond and the Policy Committee and other issue to finance Chula Vista's portion of the affected Governmental entities in regional Park. formulating park plan, organizational structure and financing mechanisms for the proposed park. As of: 8/5192 A:IMPP&R n I " \'--.... .0'" \ ,\ x.. ~ CHULA VISTA 21 SUBCOMMITTEE A IMPLEMENTATION STATUS REPORT ENVIRONMENT AND OPEN SPACE MATRIX Chula Vista 2000 Strategies I Staff Comments II Chula Vista 21 Comments I 1. Conduct public forum A subcommittee initiated public forum was conducted In light of the recently adopted 'mandatory to inform citizens, November 9, 1989. City initiated public forums on recycling ordinance,' Subcommittee 'A" businesses and elected recycling bave been considered. All recycling strategies recommends that Council support this strategy officials of recycling bave been reviewed and addressed by the Park and and consider holding future City initiated mechanisms presently Recreation and Resource Conservation Commissions. See recycling forums. existing, available and February 7, 1991 staff report. Compost workshops for the feasible for the future. public are planned for fall 1992. 2. Recommend procedures The City bas hired a Conservation Coordinator primarily Subcommittee 'A' endorses City's comprehensive to City Council to aid in responsible for the planning, implementation and approach in addressing the requirements of AB compliance with the community education of all City recycling programs. In 939 and recommends continued diligence in requirements of AB 939 November 1991, the City Council adopted the Draft implementing planned programs and meeting and to foster community Source Reduction and Recycling Element and the stricter requirements. involvement in Honsehold Hazardous Waste Elements to implement the addressing the concerns requirements of AB 939. FInal adoption of theses of waste management in elements is planned for the fall 1992. ChuIa Vista. 3. Draft City Ordinance In December 1991, the City Council adopted a mandatory Note and monitor the effectiveness of mandatory for mandatory recycling. recycling ordinance to comply with the requirements of participation the County Solid Waste Ordinance. 4. Develop educational This recommendation is being implemented through Subcommittee 'A' endorses the City's effort in recycling programs and volunteer and staff efforts. Such efforts include: implementing this strategy. identify educational development of school curricula, teacher workshops and materials already class presentations; distribution of office recycling guides available. and training materials, and other outreach projects. "-- ~ \ ~ ~ Environment and Open Space, Page 2 n I 00 I ChoIa Vista 2000 Strategies II Staff Comments II ChoIa Vista 21 Comments I 5. Develop open space, The Parks and Recreation Department is pursuing a city- Note and monitor status of various projects as parks and trails in the wide Master Plan of Parks and Recreation facilities. In necessary. region west of 1-805 addition, the Planning Department and Parks and Recreation Department are involved in preparation of the Otay Valley Regional Park Plan, the South County Natural Community Conservation Plan, and other related open space plauning efforts. This strategy has been reviewed and addressed by City Commissions - see February 7, 1991 staff report. 6. Develop a tree planting This strategy recommendation has been before the Parks Subcommittee 'A' concurs with the Commission program on the existing & Recreation and Resource Conservation Commissions. recommendation to consider the need for ChoIa Vista trail system. The City's Arbor Day and tree planting program are in identifying existing staff to coordinate this place, but a specific program which utilizes volunteers and strategy. targets the trail system and other public lands does not exist. The Adopt-A- Tree program has not operated in the last six years. The Parks and Recreation Department has proposed an Adopt-A-Park and Adopt-A- Tree program, and the Building and Honsing Department has recommended and implemented a simplified city-wide tree planting program to promote neighborhood beautification. All of the above are contributing to "Tree City USA', an on-going program supervised by the City Landscape Architect. . 7. Place citizens from This strategy recommendation has undergone staff analysis Subcommittee 'A' concurs with Commission environmental groups and Parks and Recreation and Resource Conservation comments and recommendations choosing not to on committees and Commission review and has not been implemented support the strategy and recommends dropping it commissions dealing Please see the June 7, 1991 and February 7, 1991 staff from Committee consideration. with environmental and report. open space issues. (") I '"' '-- ''J'" \ '\ \..J \0 Env;ronment and Open Space, Page 3 ChoIa Vista 2000 Strategies I Staff Comments I ChoIa Vista 21 Comments 8. Continue to improve In addition to the existing Neighborhood Improvement Subcommittee concurs with the recommendation and beautify residential Program, the City's Crime Prevention staff and for a more comprehensive property maintenance neighborhoods and Conservation Coordinator are working to establish standards ordinance and the need for additional commercial district, Community Volunteer Infrastructure Program. The "clean up" funds. public areas and open Building and Housing Department has also implemented spaces with expanded a neighborhood beautification tree planting program; but City Code enforcement stresses need for an updated property maintenance and voluntary code standards ordinance and additional funds to support "I compliance. Love A Clean San Diego." 9. Inform and educate the Staff has developed public information materials for Subcommittee supports the current and ongoing public on environmental environmental and conservation programs including efforts. No further action recommended. and legal issues through regular articles in the "Chula Vista Quarterly" newsletter; regular newspaper flyers on topics ranging from Christmas tree recycling to features and videotaped Earth Day programs; press releases and other media Council meetings. contacts; brochures, door hangers and tags on household recycling and bnsiness outreach programs; participation in numerous special events; presentations to schools and community groups; public service announcements during televised City Council meetings and on City buses; and targeted materials for households, schools and businesses. Planned upcoming activities include development of composting, restaurant and demolition/construction recycling guides; multi-family recycling materials; and special workshops programs on targeted topics including composling and construction recycling. A former member of CV 2000 (John Kracha) is writing a column in the 'Sun-TImes' focusing on environmental issues. As of. 815m. A:IMPENV '- \J \ \ \~ "-.... CHULA VISTA 21 SUBCOMMITTEE A IMPLEMENTATION STATUS REPORT CHILD AND ADULT CARE MATRIX n I ..... o I Chula Vista 2000 Strategies II Starr Comments II Chula Vista 21 Comments I CHILD CARE 1. Establish a Child Care Commission Commission created by ordinance in 1990, comprised of seven members. lA. Address Child Care legislative Department to develop an on-going dialogue with the Supports staff comments. Chula Vista issues City's legislative lobbyist to keep abreast of pending 21 establish stronger links with the legislation and convey this legislation to Child Care City's legislative arm to keep abreast of Commission and City Council. legislation on a state and federal level. 1B. Promote an increase in affordable The Child Care Commission has submitted a policy to Promote utilization and expansion of child care spaces for children the Parks and Recreation Commission addressing existing facilities within the public and affordable child care spaces in City recreational private sector. facilities. The Parks and Recreation Commission supported this policy. 1C. Educate and mobilize agencies to The Department will work through the Child Care Promote community forum-educate and develop child care resources Commission and the Human Services Council to identify community needs. Determine develop a comprehensive listing of agencies, resources funding sources for re\ocatable and affordability of services. buildings. Determine funding sources to assist with funding for those who can not afford to pay transportation costs and services. 2. Establish a ChildJ Adult Day Care Due to budget constraints, the position bas not been Supports Child Care Coordinator Coordinator position funded. Staff suggests the position focus on Child Care position. Collect data and justify the needs, not both child and adult care. need for a part or full-time position. Cl I ~ ~ '-- \1"\ \ "'-J ~ Child And Adult Care, Page 2 Chula Vista 2000 Strategies Staff Comments I Chula Vista 21 Comments I 2A. Obtain private, public and The Department will work with the Child Care Develop a listing of potential resources governmental grants to increase Commission in investigating what potential private and available to support Child Care services spaces public support is available. and facilities. 3. Develop a definitive City policy to Child Care Commission is in the process of formulating Development of a comprehensive Child include Child Care in all appropriate public a comprehensive child care policy to be shared with Care policy which designates a long facilities, including parks and recreation affected commissions and considered by Council. term plan for Child Care in the City. centers 4. Increase available spaces for The Department will continue to work through the Concur - Ten licensed care centers are infants/toddlers and school age children Child Care Commission, School District and local located in Chula Vista Elementary businesses to provide additional affordable child care Schools at the present, but are spaces. In addition the Council approved a staff insufficient in numbers. recommendation to allow the 4- H Club of San Diego County to provide latch key services to youngsters at Lauderbach Community Center. The project became operational in June 1992 and targets low income families. 4A. Encourage employers to provide Child Care Commission to coordinate a Child Care Concur. Sponsoring a forum for space for low cost child care Forum with employers to determine neeWmterest in businesses to determine the such a program. Funding is presently not available. interestlinvolvement in such a program. Offer incentives (tax breaks) or fee waivers to companies considering establishing a business in the City. Identify step-by-step procedures as permit costs. 4B. Work to get all elementary, high Staff will work with the Child Care Commission to Concur in the development of written schools, and Southwestern College establish written and oral dialogue with the school and oral dialogue with all concerned. to provide for child care. districts. 4C. Encourage churches to provide Staff will work with the Child Care Commission Concur, Clergy should be invited to space for child care establish written and oral dialogue with churches. community forums. C"l I ,... '" '-- .~ \ q , , . .\AI Child And Adult Care, Page 3 Cbula Vista 2000 Stralegies Staff Comments I Cbula Vista 21 Comments I 40. Revise City license requirements to Child Care Commission bas developed an ad boc Create start-up pamphlets for those encourage the developments of committee to coordinate with the City's Planning interested in child care, establishing a large day care homes Department to determine feasibility of code child care business in the City. Identify amendments. step-by-step procedures as well as permit costs. ADULT CARE 5. Provide a Coordinator for Child and Proposed position bas not been funded. Staff suggests Recommend two separate positions. Adult Day Care the position focus on child care needs, not both child (Adult Day Care bas staffing space and adult care. needs very different from Child Care, and needs the full attention of person( s) involved). SA. Establish a Central Referral No Adult care referral service or directory bas been No action is required for this service at Coordinating Service on Child and developed. this time, as there is only one Adult Adult Day Care needs and services care facility (South Bay Adult Day Health Care Center) in Chula Vista. SB. Obtain grants from the private and No staff resources are available to pursue these adult Support formation of an ADHOC government sectors for adult care care recommendations. committee to evaluate data available from Adult Protective services to justify inclusion into a 'Bond Issue'. SC. Work with the commnnity in No staff resources are available to pursue these adult Support promoting a public forum to formulating innovative solutions to care recommendations. discuss means to develop innovative meet Adult care needs. solutions to solve the adult day care problems. n 1 ~ W "'---- \r\ \ \N 'Z Child And Adult Care, Page 4 I Chula Vista 2000 Strategies I Stull' Comments Chula Vista 21 Comments 6. Increase available spaces for adult day Adult Protective Services Inc., operates the only adult Support the need for additional spaces. health care. day care facility of any kind in the city and has Subcommittee "A" Actionee suggested the need for an additional facility in the Investigation: Propose that the City Montgomery area. locate an ellisting vacant structure which meets space requirements, purchase structure with "Bond Issue Funds" and sub-lease to Adult Protective Services or provide rent subsidization to offset current cost of commercial lease. 6A. Find affordable space for adult No staff resources are available to pursue these adult Support the urgent need for affordable care care recommendations. spaces. 6B. Encourage major employers to set No staff resources are available to pursue these adult Support encouraging major employers aside space for Adult Day Social care recommendations. to set aside space for Adult Care. Care Facilities. (Many people don't need full medical supervision, but are still in need of supervision and organized activity interaction). Note: No insurance covers Adult Day "Social" Care costs. 6C. Support Federal Legislation to No staff resources are available to pursue these adult Supports the need for legislation for allow Medicare to pay for Adult care recommendations. Medi-Cal and Medicare to share in the Day "Social" Care. cost of Adult Day Social Care requirements. ('l I ..... ..,. ~ \5--\ \ \-J \5\ Child And Adult Care, Page 5 I Chola Vista 2000 Strategies II Staff Comments I Chola Vista 21 Comments 7. Promote development of an Staff currently is providing limited intergenerational Supports the development of an intergenerational facility within the City of programming at Norman Park and Lauderbach Centers. intergenerational facility. Chula Vista. (Consideration should be given as a part of the proposed University of California Campus or in the near future Otay Ranch commercial development phase). As of: 8/5192 A:IMPCHIlD \;: \ \ ~ ~ CHULA VISTA 21 SUBCOMMITTEE B IMPLEMENTATION STATUS REPORT LIBRARIES MATRIX (") I ..... '" I Chula Vista 2000 Strategies II Staff Comments II Chula Vista 21 Comments I 1. Build 3 new libraries Strategy is being implemented. The Library Support the strategy. A funding mechanism has been awarded a grant from the California (bond issue, developer-built turn-key, etc.) State Library to build a 35,000 sq. ft. library at should be found to build the two planned Orange and Fourth Avenues. Construction of libraries in eastern Chula Vista as soon as future new libraries in Rancho del Rey and possible and not wait for the D IF fees to be EastLake will be funded through Development accumulated. Support the idea of creating a Impact Fees. library foundation to support operations. 2. Provide patrons and staff with dynamic and Strategy is being implemented with the newly Support the strategy. No further CV 21 innovative technology installed integrated automated system. Also, action recommended. special emphasis bas been placed on including innovative technology in planning the South Chula Vista Library. 3. Enhanced Local History and Genealogy A Family Research Collection bas been Support the strategy. A site in the downtown collection developed and is housed in the Reference area (Third Avenue area) should be acquired and of the Library at 365 F Street. The Chula funding secured for a Local History Museum. Vista Genealogy Society's collection was donated and combined with the Library's collection. On July 28, 1992, the City Council approved using the city owned building at 630 Third Ave. as a Chula Vista Heritage Museum. 4. Special services for youth Strategy is being implemented in the planning Support the strategy. The Library should be for new libraries and in applying for special encouraged to work with local schools and grants. The proposed EastLake Library, a other community groups to design innovative joint-use facility with the Sweetwater Union and effective programs for youth. Emphasis High School District, will be a unique should be placed on using new technology opportunity to provide special youth services. with this audience. n I - 0- ~ \ \ 'v-,j ~ libraries, Page 2 Chola Vista 2000 Strategies Staff Comments I Chola Vista 21 Comments I 5. Incorporate meeting rooms into all new Strategy is being implemented in the planning Support the strategy. See strategy Number 1. libraries of new libraries. The new South Chula Vista No further CV 21 action recommended. Library will include a 100 seat multipurpose room and a 25 seat conference room. 6. Make the Library the cultural heart of Strategy is being implemented in the Support the strategy. See strategy Number 1. Chula Vista continuing provision of a wide range of multi- Promote expansion of cultural progr.mming cultural programming at the 365 F Street through cooperation with Arts Commission, Library and in planning for new libraries. The and other local and regional organizations. new South Chula Vista Library will include a large gallery for changing exhibits and may include an exterior performance space. As of. 815/92 A:IMPUB (") I - " '-- \ J' \ \ \"'J ~ CHULA VISTA 21 SUBCOMMITTEE B IMPLEMENTATION STATUS REPORT CULTURAL ARTS MATRIX Chula Vista 2000 Strategies Stair Comments I Chula Vista 21 Comments I L Create a Cultural Arts Commission Strategy has been implemented through the Support the strategy. No further CV 21 creation of a Cultural Arts Commission which action recommended. is now meeting regularly. 2. Build a cultural arts complex This strategy is being addressed through the Support the strategy. Cultural Arts Commission, and discussions between the Redevelopment Agency and the Securing funding for construction should be a Mid-Bayfront property owner. A feasibility high priority. study has been conducted, but funding for implementation is not currently available. A foundation should be established to support the operations of the complex. 3. Create and distribute an Arts Strategy is implemented. Financial support has Support the strategy. No further CV 21 Directory been provided to publish the directory that has action recommended. been prepared by the Commission. 4. Establish a funding base to promote This strategy is being addressed through the Support the strategy. Recommend the arts in ChuIa Vista Cultural Arts Commission's request for a full- establishing a foundation. Support exploring time City Cultural Arts Coordinator position. use of TOT for the arts. Support the request The proposal was submitted by the Parks and for a full time Cultural Arts Coordinator. Recreation Department in the FY 1992-93 budget, and funding for a 1/2 time position was approved. 5. Consider additional ideas for the arts This strategy is being implemented by the Support the strategy. The idea of creating a in the community Cultural Arts Commission. Children's museum should be actively explored as part of this strategy. ot. M/>IYZ n I - 00 "-- \ -s. \ \ ~ ~ CHULA VISTA 21 SUBCOMMITTEE B IMPLEMENTATION STATUS REPORT ECONOMIC DEVELOPMENT AND JOBS MATRIX Chula Vista 2000 Strategies Staff Comments I Chula Vista 21 Comments L Include a major tourist attraction in the Planning of the Baldwin Properties is proceeding, with nine Support the strategy. Promote Baldwin Development options analyzed in a draft EIR scheduled for public review the development of a beginning in August 1992. The nine options range from no destination resort project. project to approximately 50,000 dwelling units, with a mix of visitor commercial, commercial and office uses. The tourist attraction options being considered are sites for two destination resort hotel complexes, one at the Otay Lakes and the other in the Proctor Valley area. 2. Encourage commercial development Encouraging commercial development in the 805 corridor is Support the strategy. along the 805 corridor a positive idea in the sense of building a solid economic base Redevelopment power should for the City, however, opportunities for additional be used to create freeway commercial development in this corridor do not really exist. commercial sites for new Traffic constraints and land availability are a problem. The business development. General Plan designation for this corridor is primarily residential. Most land in the 805 corridor is already developed. The one exception to this is the Otay Valley Road area where the City's auto park is being planned. 3. Establish a Convention & Visitor's Such a proposal seems premature at this point. The city first Support the strategy to Bureau needs to develop the necessary tourist attractions - the encourage development of a Bayfront, Olympic Training Center, etc. - before moving to Convention and Visitor's establish such an entity to promote these tourist attractions. Bureau. n I ,... '" "- \~ \ ~ <:::::) Economic Development and Jobs, Page 2 Cbula Vista 2000 Strategies Staff Comments I Cbula Vista 21 Comments 11 4. Decrease visual blight on the Bayfront The Redevelopment Agency is actively working to decrease Support the strategy. The visual blight on the Bayfront. We are facilitating Robr's Mid-bayfront development development of a master landscaping plan and an 18-acre should be designed in a way administration/corporate office complex. Several Agency that will help implement all owned industrial parcels may be included in the Robr master economic development plan. Others along the bay are being converted to parkland strategies. in the Mid-bayfront development proposed by William Barkett. 5. Improve promotion of and access to Promotional activities are being pursued by the Nature Support the strategy. the Nature Interpretive Center Interpretive Center including a color brochure that is widely distributed. CONVlS has been encouraged to promote the Center. The NIC is also being promoted tbrough the City's new Economic Development brochure and will be highlighted in the economic development promotional video under production. 6. Adopt and support revenue-producing The Mid-Bayfront Task Force completed its review of Support the strategy. appropriate development of the Mid- development options and forwarded their recommendations bayfront to the City Council. Council approved the recommendation for a hotel resort and residential project, including amenities such as a cultural center and significant parkland. The City and the developer are currently working on a Local Coastal Plan amendment, a General Plan amendment and a development agreement. 1. Construct a second harbor island While a second 'harbor island' could have significant Support the strategy. financial and image benefits to the City, such a project raises major environmental issues. This potential project has been given a lower priority while the City focuses on reviewing proposed development of the Mid-bayfront. () I N o .."-- \5'\ \ ~ Economic Development and Jobs, Page 3 I ChuIa Vista 2000 Strategies II Staff Comments ~ ChuIa Vista 21 Comments I 8. Create an Economic Development The City has created an Economic Development commission Support the strategy. No Commission which has formulated an Economic Development Plan and further CV 21 action is goals and objectives adopted by the City Council on August recommended. 28, 1991. The EDC's Permit Process Streamlining recommendations were conceptually approved by Council on June 9, 1992 and an implementation plan is currently being prepared. The EDC is currently developing a Community Reinvestment Act (CRA) strategy, in concert with local lenders and non-profits. The EDC will be a key force in assisting the City to implement the economic development strategies identified by Chula Vista 2000. 9. Increase public awareness of existing The Council's economic development plan includes Support the strategy. educational opportunities objectives to promote both the awareness and utilization of existing job training and vocational programs to benefit local employers. A Chula Vista Business Response Team has been established, including representation from the San Diego Consortium and Private Industry Council (local administrator of the Job Training Partnership Act), the State Employment Development Department, Southwestern College and the Sweetwater V nion High School District. 10. Implement workplace literacy program This strategy is largely the responsibility of the educational Support the strategy. community. However, the City's Literacy Team has worked with Rohr to develop a workplace literacy program for Rohr employees, and the City's new Business Response Team may playa role in promoting such programs among local employers. 11. Attract a four year university The City and Baldwin have submitted a joint application for Support the strategy. CV 21 a V.C. campus site with the V.C. Board of Regents. An Ad should actively support the Hoc Committee, the Economic Development Commission, effort to attract a four year and the Chamber of Commerce are all involved in efforts to university. attract a four year university. C"l I N .... "-- ~ ~ Economic Development and Jobs, Page 4 I Chula Vista 2000 Strategies II Staff Comments II Chula Vista Zl Comments I 12. Provide reasonably priced housing The City and Redevelopment Agency have a number of on- Snpport the strategy. going programs to promote reasonably priced housing. Among these are deusity bonuses for development of controlled rent units, a Mortgage Credit Certificate program, assistance for developers of low income units, rental rehabilitation loans and single family rehabilitation loans. Major housing developers in the City are being required to provide some low and moderate income housing and 20% of Redevelopment Agency tax increment revenues are used for the provision or improvement and maintenance of low and moderate income housing. 13. Provide alternative transportation In July 1991, the City significantly expanded its bus service. Support the strategy. options The City is also working with MIDB and SANDAG to expand the San Diego Trolley and develop other transportation alternatives and to implement a transportation demand management system. Bike paths are also being pursued. 14. Promote the development of small The City's Economic Development Plan is designed to Support the strategy. bnsinesses in Chula Vista promote both large and small bnsiness in Chula Vista. The City is currently coordinating with the Chamber of Commerce and with Southwestern College's Small Business Center as well as other members of the City's new Business Response Team, including the SBA Certified Development corporation and employment service providers to facilitate small business assistance. 15. Promote the development of bnsiness The City's Economic Development Plan includes an objective Support the strategy. incubators in Chula Vista to evaluate and pursue, as appropriate, a business incubator program. (This is a longer term objective.) As of: 8/5/92 A:IMPECQ ATTACHMENT D NET ASSESSED VALUATION (AV) CITY OF CHULA VISTA Residential AV West of 1-805 Entire City Median (midpoint) $ 58,557 $ 79,780 Mean (average) $ 94,845 $ 112,296 Total Residential AV $1,776 mi" ion $3,322 mill ion Total AV (incl commercial/industrial) $2,578 mi" ion $4,474 million Potential Annual Revenue At $50 per $100,000 AV $1,289,000 $2,237,000 (or $500 per million AV) Potential Annual Residential Pavrnent At $50 per $100,000 AV Median (midpoint) $29.28 $39.89 Mean (average) $47.42 $56.15 (A:NETASS) D-l /_5/1/3 COUNCIL AGENDA STATEMENT ITEM TITLE: Item I J, Meeting Date 09/22/92 RESOLUTION 1'1".2. 3 Appointing five new ex-officio members to the Chula Vista Economic Development Commission SUBMITTED BY: Community Development ~tor City Manager 10 ~ j I (., .s - REVIEWED BY: (4/Sths Vote: Yes No A) BACKGROUND: The City's Economic Development Commission (EDC) ordinance provides for the appointment by Council of up to five (5) ex-officio non-voting members. (The ordinance was revised by Council on August 18, 1992, effective September 18, 1992, to increase the number of ex-officio slots from three to five). A copy of the ordinance is attached as Exhibit A. Since creation of the EDC the ex-officio slots have remained vacant. The EDC is recommendin!! that Council aDDoint five individuals. as identified below. to fill the vacant ex-officio Dositions. RECOMMENDATION: That Council approve the resolution appointing five individuals as recommended by the Chula Vista Economic Development Commission as ex-officio members of the City's Economic Development Commission. BOARDS/COMMISSIONS RECOMMENDATION: On August 5, 1992 the City's EDC voted 8-0-1 in support of recommending the five nominees to Council, with Member Compton absent (see Exhibit B). DISCUSSION: On August 18, 1992 Council amended the EDC ordinance encouraging Council to appoint members and ex-officio members with one or more of 15 identified areas of expertise, in addition to nominees from the Chamber of Commerce and Association of Realtors (see Exhibit A). The amended ordinance also increased the number of ex-officio members from three to five. While the ordinance was amended to stipulate how voting member appointments are made, the ordinance states simply that "the City Council may appoint. . .ex-officio members" [see Section 2.30.020,B.3]. The EDC is recommending the following individuals, representing the companies and areas of expertise as shown, for the five vacant ex-officio positions: /1:; ~ I Page 2, Item Meeting Date 09/22/92 I~ . Individual!Title! Address . Company /Expertise . . Arthur (Art) O. Sellgren . Rohr, Inc. is a Fortune 500 high tech aerospace industry Director of Real Estate and Development which conducts research and development and Rohr, Inc. manufactures propulsion systems, including nacelles, P.O. Box 878 thrust reversers, struts and engine components for Chula Vista, CA 91910 commercial airlines (80%) for the big three airplane manufacturers (Airbus, Boeing, and McDonnell Douglas) and for government (20 % ). . Rohr, Inc. is the City's largest employer (55oo:t) . Charles E. Sutherland, Vice President{-J . Gold Coast is a local manufacturer of mechanical and Gold Coast Engineering, Inc. welded assemblies used in the aerospace and utility 1891 Nirvana Avenue industries. It also conducts electronic testing of Chula Vista, CA 91911 equipment for cruise missiles and space shullles, and designs and builds aerospace tools to manufacture aerospace components, including wings and fuselage. . Gold Coast is currently expanding using City-issued Industrial Development Bonds. . Douglas G. Fuller, Owner . Fuller Ford/Honda is a family-owned regional retail Fuller Ford/Honda business that has operated in Chula Vista since 1946. 760 Broadway The auto dealership plans to be a part of the City's new Chula Vista, CA 91910 Auto Sales Park on Otay Valley Road, a major ; Redevelopment Agency project. . Kenneth M. Clark . SBnc provides expertise and resources for local business Small Business Advisor in the areas of general management, marketing, fmance, Small Business Development and and international trade through: (1) one-to-one business International Trade Center (SBDC) counseling; (2) training and continuing education; and 900 Ota y Lakes Road (3) information and referral resources (e.g., Building 1600 computerized data bases, consultant referrals). N o-cost Chula Vista, CA 91910 management and technical assistance is made available through direct consultations in the areas of business planning, marketing, international trade, and finance. . Janet Wahl . The SP Consortium and PIC is a partnership between Director of Program Development business leaders and the City and County of San Diego San Diego Consortium and Private charged with administering the federal funding the San Industry Council (PIC) Diego area receives under the Job Training Partnership 1551 Fourth Avenue Act. The organization contracts with public and private SUIte 600 organizations throughout the County to provide job San Diego, Ca 92101 training to increase employment opportunities for disadvantaged youths and adults. The PIC consists of 22 business owners. corporate executives, and community leaders. It identifies labor market needs and provides policy guidance to meet those needs. '>'The EDC's motion specified Don Palumbo of Gold Coast Engineering. However, Mr. Palumbo subsequently recommended Mr. Sutherland. EDC Chairman Allen confirmed that Mr. Sutherland meets the Commission's intent of obtaming representation from Gold Coast management, and of a firm located in the Otay Valley Road area. I"~';' Page 3, Item II, Meeting Date 09/22/92 The five individuals recommended by the EDC bring expertise in the areas of maior employers, iob training, emDloyment services, international business, and educational institution, in terms of areas specifically delineated in the EDC ordinance. Additionally, they represent highly valuable experience and expertise in the fields of high-tech and aerospace industry, regional retail, "hands on" small business technical assistance, economics, entrepreneurship, and corporate site selection/real estate development. Each of these talents is viewed as highly desirable towards achieving the EDC's mission and goals. Terms of office are for four (4) years. Applications are attached for each of the five nominees. FISCAL IMPACT: None. Attachments Commission application(s) Exhibit A - EDC Ordinance 2524 (as amended August 18, 1992) Exhibit B - August 5, 1992 EDC Minutes Exhibit C - EDC Roster Exhibit D - EDC Ordinance 2402 (October 1990) Kdr .?tJIIIVN&J) [C:\WP51 \COUNCIL\I 13S\EDCMEMBS.I 131 I~ ~.3 EXHIBIT "A" ORDINANCE 2524 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTION 2.30.020 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO MEMBERSHIP ON THE ECONOMIC DEVELOPMENT COMMISSION The City Council of the City of Chula Vista does hereby ordain as follows: SECTION 1. That Section 2.30.020 of the Chula Vista Municipal Code is amended to read as follows: Sec 2.30.020 Membership. A. Number of Members. The Commission shall consist of nine (9) Voting Members, a Staff Ex~ officio Member, and up to five (5) General Ex-officio Members. B. Designation of Members 1. Voting Members. The Voting Members shall be appointed by the City Council from the qualified electors of the City, two (2) of whom shall be appointed from a classification consisting of nominees from the Association of Directors of the Chula Vista Chamber of Commerce and who shall, at the time of their appointment and throughout thei r term, have membershi pin the Chamber of Commerce; one (1) of whom shall be a nominee from the Association of Directors of the South San Diego Bay Cities Association of Realtors and who shall, at the time of their appointment and throughout their term, have membership in the South San Diego Bay Cities Association of Realtors; and six (6) of whom shall be residents of the City at large and who shall, throughout their term, maintain their residency and elector status, each of which shall be nominated by a separate member of the Council which nomination shall be confirmed, and thus appointed, the entire City Council by a majority vote. 2. Staff Ex-officio Member. The City Manager or his/her designate representative shall be an ex-officio member of the commission, who shall not be required to be a qualified elector of the City, but who shall have no vote ("Staff Ex-officio Member"). 3. General Ex-officio Members. The City Council, or its designee, may appoint not greater than five (5) additional ex-officio members of the Commission, 16-1/ Ordinance No. 2524 Page 2 who shall not be required to be qualified elector(s) of the City, but any such appointed ex-officio members shall have no vote ("General Ex-officio Member"). 4. Desired areas of Expertise In order to ensure the highest caliber of talent and experience and a diversity of viewpoints, the Council should appoint Members and Ex-officio Members, with one or more of the following areas of expertise (in addition to the nominees from the Chamber of Commerce and Association of Realtors as provided in this Subsection, B.l): Market Research Residential Developer Commercial/Industrial Developer Banker/Lender Major Employer Small Business Owner Job Training/Employment Services Major Land Owner Labor Leader Major Util ity Maquiladora/International Business Educational Institution San Diego Economic Development Corporation South San Diego County Economic Development Commission Commercial Real Estate Broker SECTION II. Transitional Provisions. The adoption of this ordinance shall not result in the unseating of any seated Commission member. Vacancies on the Commission in the at large seats shall be filled by the Mayor and Councilmembers pursuant to their nominating authority in the following order: The Mayor shall have the authority to nominate the first vacancy. The Councilmember holding Seat No.1 shall have the authority to nominate the next vacancy in line, the Councilmember holding Seat No.2 shall have the authority to nominate for the next vacancy in order, the Mayor shall have the authority to nominate the next vacancy in order, the Councilmember holding Seat No.3 shall have the authority to nominate the next vacancy in order, the Councilmember ho 1 di ng Seat No. 4 shall have the authority to nomi nate the next vacancy in order, and such order continues to repeat itself until all of the at large seats on the Commission are filled by persons directly nominated by the Mayor or a Councilmember. /~ - /~ Ordinance No. 2524 Page 3 SECTION III. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented by Chris Salomone Community Developmen /~-IJ Approved as to form by ruce M. Boogaar City Attorney A ~ Ordinance 'No. 2524 Page 4 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 18th day of August, 1992, by the following vote: AYES: Councilmembers: Grasser Horton, Malcolm, Moore, Rindone, Nader NOES: ABSENT: ABSTAIN: Counei 1 members: None Councilmembers: None Counei 1 members: None \.~ Tim Nader, Mayor ATTEST: / /' / '-fuweil (~.: (~ Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2524 had its first reading on August 18, 1992, and its second reading and adoption at a regular meeting of said City Council held on the 25th day of August, 1992. Executed this 4th day of August, 1992. /' It, -/'/ MINUTES ECONOMIC DEVELOPMENT COMMISSION CITY OF CHULA VISTA, CALIFORNIA EXHIBIT "B" W ednesda y, August 5, 1992 12:00 Noon Council Conference Room City Hall CALL TO ORDER/ROLL CALL The meeting was called to order at 12: 10 p.m. PRESENT: Chair Allen; Members LoBue, Tuchscher, Peter, Lopez, Gerber, Davis, Maslak ABSENT: Member Compton STAFF/GUESTS: Councilman Moore; Economic Development Manager Dye; Public Information Coordinator Gulbransen; City Senior Planner Bazzel; Art Sellgren, Rohr I. APPROVAL OF MINUTES - May 6 and June 3, 1992 Member Gerber noted that he abstained on the February 5 minutes, not May 5 as'reported in the minutes. Member Lopez clarified his statements relating to his report on Targeted Industries Strategies. Both corrections were made to the minutes of May 6. MSC (TuchscherlDavis) to approve the minutes of May 6, as amended by Members Gerber and Lopez, and the Minutes of June 3, 1992 (8-0-1, Compton absent), Chair Allen introduced and welcomed Chuck Peter, who was appointed to the Commission to fill Member Read's vacancy. Mr. Peter informed the Commission that he owns Cornell's Office Products on E Street; they have been there for 17 years. Prior to that, he spent 20 years in electronic manufacturing. He is active in the Chamber of Commerce and has also been involved with other City boards and commissions such as the first Economic Development Task Force formed in 1980, the Growth Management Oversight Committee, and th~ Town Centre PAC. 2. OLD BUSINESS a. Land Use: Conversion from Industrial to Commercial Ms. Dye, in response to a memorandum from Member LoBue stated that the City's market study will be looking at land use issues. She handed out a chart to Commission members, that summarized the main industrial areas in the City. Ms. Dye also noted that these numbers were only approximations. In response to Member LoBue's questions, Ms. Dye indicated that the market study will be more precise than what is being presented now, the study will come up with recommendations about the need for rezoning or future zonings to accommodate commercial and industrial demand. MS (Tuchscher/LoBue) to draft a letter to the Planning Commission and City Council making them aware of the Commission's concerns with regard to the conversion of properties and that the Commission expects recommendations to come relative to this issue. Member Davis asked if it was Member Tuchscher's intent to just alert Planning Commission and Council about the concerns about conversion. Member Tuchscher responded that the Planning Commission has not been advised that the market study has anything to do with planned use issues and he felt it was important to put them on notice. VOTE ON MOTION The motion passed 8-0-1 (Compton absent), 16? -I> Minutes Economic Development Commission - 2- August 5, 1992 Chair Allen asked if the Commission was agreeable to taking items 2c and 2d next since a full Commission was needed for discussion. All agreed. c. EDC Ordinance Revision Chair Allen reported that suggestions had been presented to Council on the revisions to the ordinance. Council reviewed the ordinance with some revisions. Member Tuchscher stated that the changes will leave a representative from the Board of Realtors and two appointees from the Mayor and one each from each Councilmember. He recommended that a letter to Council be drafted asking them to have input from the Commission before Council makes the final decision. Ms. Dye noted that the Mayor had asked that the ordinance be sent back to the EDC for their review but he was overruled. Chair Allen said she had talked to Councilman Rindone to see why he had voted against the initial recommendation. He explained that he wanted to see each member of the Council have some ability to appoint to the EDC. It was his feeling that they would get more involvement with Council if each had that opportunity to appoint. Chair Allen said she had no problem with this. Member Gerber noted that he has written to the Mayor requesting reappointment to the Commission, since his first term was less than two years. He also asked what happened to appointment of a member of the general public to the Commission. this was not on the list now. Ms. Dye explained that the general public was not eliminated from the list. they were just not listed as an area of "special expertise". Member Tuchscher suggested that the comments made today by Commission members be formulated into a letter and forwarded to Council for their next meeting. MSC (LoBuel Allen) that these suggested changes are acceptable to the Commission (8-0-1, Compton absent). d. Ex -officio Membership Chair Allen noted that the Commission is able to have up to five ex-officio members. She has talked to some people who have indicated interest. The Commission is specifically seeking people who are involved with the economic health of the community, but who are not necessarily residents of the community. She handed out a list of candidates and suggested the following people: Art Sellgren, Director of Real Estate and Development; Robr, Inc. Don Palumbo, Gold Coast Engineering Doug Fuller, Owner, Fuller Ford Ken Clark, Director, Southwestern College Small Business Development Center Janet Wahl, San Diego Consortium and Private Industry Council MS (Allen/Tuchscher) that a letter be sent to Council requesting that these people be brought on as Ex-officio members of the EDC, and explaining why and what expertise each one brings. In response to Member Gerber's question regarding the number of people on the list to select from, Chair Allen Slated that one person indicated by letter that he was involved in fund raising and found the activities of the EDC to be interesting; the other person never responded to Ms. Allen's calls. I&, '/6 Minutes Economic Development Commission - 3 - August 5, 1992 VOTE ON MOTION The motion carried 8-0-1 (Compton absent). b. Presentation Regarding Otay Ranch Plan: Duane Bazzel Chair Allen thanked Me. Bazzel for his patience and, because of time constraints, asked for a 25 minute presentation. Mr. Bazzel gave a history of the Otay Ranch project, from its conception in 1988 and purchase from the County by the Baldwin Company, and the City's interest in the property. The City Council and Board of Supervisors agreed to process a single General Plan Amendment that was acceptable to both entities. He noted the formation of the Intetjurisdictional Task Force, made up of members from both entities and staff from both City and County, and also the general public. Mr. Bazzel noted he has been with the project for three years now. In 1989 the Baldwin Company submitted a General Development Plan called the "The New Town Plan". This plan proposed 49,000 dwelling units on the 23,000 acre site. The plan did not meet goals and objectives established by the Task Force. Baldwin was directed to go back and revise and refine the plan. The Task Force reviewed issue papers, i.e. roads crossing the river valley, land uses and impacts on the City, etc. Mr. Bazzel presented slides showing the general area of development, landmarks and points of reference. Also outlined were the County areas including the Procter Valley and Jamul Mountain areas. Traffic concerns and commercial development was also addressed by Mr. Bazze!. Some of the major features on the properties that influence the design are the Otay River Valley, Salt Creek and the link between the eastern urban center which has park and open space going through the center. Bus systems and a light rail system are envisioned for the project and they have discussed this with SANDAG and MTDB. The only industrial areas planned right now are approximately 180 acres next to the Otay Industrial Park. There is another 125 acres on the Mesa in Phase II, which is in the City of San Diego within the Gtay Ranch Ownership. Chair Allen thanked Mr. Bazzel for his time and noted that it would be in the Commission's best interest to keep up to date with what is going on here. She suggested the Commission might want to alert Council to specific items that need to be looked at in the EIR. Mr. Bazzel said he would check to see if there was some type of executive sununary he could pass along to the Commission. Councilman Moore suggested that Ms. Dye get the schedule of the televised joint meetings between the City and County. 3. SUBCOMMITTEE REPORTS A. Retention of Manufacturers Chair Allen noted that she, Ken Clark, Gonzalo Lopez, and Ms. Dye had met to discuss a scope of work. They have another meeting scheduled and will have recommendations back to the Commission at the next meeting. She noted the Committee's name should be retitled to "Retention of Business., because they are not limiting themselves to manufacturing, they are talking about keeping businesses in this community. MSC (AlIen/Tuchscher) to change the subcommittee name to "Retention of Business" (6-0-3, Compton, LoBue, Davis absent). B. Permit Process Streamlining Chair Allen reported that Ms. Davis has had a couple of meetings with Deputy City Manager Krempl, and the streamlining recommendations were taken to Council. Council directed the subcommittee to come back with an implementation plan and schedule. /~ ~/7 Minutes Economic Development Commission - 4- August 5, 1992 Ms. Dye reported that staff is putting together a work program and schedule. A tentative subcommittee meeting is scheduled for August 21. The intent is to get the report back in final form to the EDC at the next meeting so that they can send it on to Council. C. International Airport - No report D. Joint Marketing Efforts Member Maslak reported that there was no progress from his last report. He is planning to have a joint meeting in the fall with the South County EDC and any other commission regarding economic development. E. North American Free Trade Agreement Member Lopez reported that the agreement may be signed shortly. Congressman Gephardt wants to put a rider for labor and environment. He is concerned about the jobs that are going to be lost to Mexico, this has been exaggerated. He is willing to support the treaty as proposed by Bush. The proposal includes a border tax to fmance infrastructure and training for workers. Member Lopez said this is contrary to what a free trade is. F. Community Reinvestment Act - No report G. Workshops/Receptions No report, Chuck Peter will talk to Don Read about this. H. Special Events Chair Allen stated there was no need for a Chair for this subcommittee. As events like Arturo Barrios 10 K come up someone can report on this. 4. LIAISON REPORTS A. Bayfront Task Force - No Report B. Auto Park Ad Hoc Task Force - No Report C. Chamber Economic Development Committee - No Report D. So. Co. Economic Development Council Doug Perkins gave a brief report noting that the publication of the Summit should be available for the next meeting. Marketing approaches were also discussed. SCEDC is participating with the State Department of Conunerce in a Biotech trade conference up north. They are looking for advertising. E. Otay Valley Road Project Area Committee - No Report 5. NEW BUSINESS a. Member Tuchscher reported that there is a proposal for a revision to the C-N zone going before Council which will require a conditional use permit for alcoholic beverage licenses. This has come before the Planning Commission but his concern is that it seems inappropriate for a small business owner to obtain a conditional use permit before going through the ABC to get a license. He will be talking to Ms. Davis about these concerns. MSC (Allen/Maslak) to write letter to Council and state EDC's concern to have CUP's put on small businesses who apply for an alcoholic license (6-0-3, Compton, LoBue Davis absent). I/' ./~ Minutes Economic Development Commission - 5- August 5, 1992 Member Tuchscher volunteered to draft and fOIWard the letter. 6. ORAL COMMUNICATIONS 7. MEMBERS' COMMENTS a. Member Lopez conunented that he recently went to have dinner at one of his favorite restaurants in town and found it closed. The owner raised rent and consequently, the manager of the restaurant could not make the payments. Mr. Lopez noted that this had been the reason the last two or three restaurants in that area had closed. Many of the merchants are complaining of rent increases. He suggested that the City might be able to look into this. Member Tuchscher conunented that the market study deals with tenant mixes, specifically in the Town Centre I area. These issues will be addressed. h. Member Lopez mentioned the amount of tickets issued in that area. Councilman Moore noted that people are not paying for parking when they pull into the parking spaces. If they see a few minutes left on the meter they feel they can accomplish their shopping within that timeframe left. Mr. Peter stated that this was not a revenue collecting effort but an attempt to keep the traffic turning over so that people don't park there for long periods of time. Rates were increased with the thought that employees would not park on Third Avenue, it would be cheaper for them to park in other areas. 8. ANNOUNCEMENTS ADJOURNMENT at 2:07 p.m. to the regularly scheduled meeting of Wednesday, September 2, 1992 at 12:00 noon in the Council Conference Room. ~~.(J. ~ Berlin Bosworth, Recording Secretary A;\AUGUSr,AUE jJ,"'I' , TIllS PAGE BLANK .. I~ ,~o ECONOMIC DEVELOPMENT COMMISSION ROSTER Name Home Address Citv. State Zip 1st Term 1st Exp 2nd Term 2nd Exp Allen. Penny 666 Mariposa Circle Chula Vista. CA 91911 10/09/90 06/30/94 Compton, Marshall 1339 Preston Place Chula Vista, CA 91911 10/09/90 06/30/91 06/04/91 06/30/95 Davis, Patty 653 Redlands Place Bonita, CA 91902 10/09/90 06/30/94 Johnson, Earl J.(') 840 Third Avenue - #9 Chula Vista, CA 91911 08/25/92 06/30/96 LoBue, Jim 621 Woodlawn Avenue Chula Vista, CA 91910 10/09/90 06/30/93 " Lopez, Gonza1o 235 D Street Chula Vista, CA 91910 10/09/90 06/30/94 ~ Mas1ak, Mike 1907 Bordeaux Terrace Chula Vista, CA 91013 10/09/90 06/30/94 ~ Tuchscher, William C. 8880 Rio San Diego Drive San Diego, CA 92108 10/09/90 06/30/91 06/04/91 06/30/95 ........ Peter, Chuck(") 647 E Street Chula Vista, CA 91910 08/04/92 06/30/96 (') Replaced Albert Gerber (") Replaced Don Read, and is Chamber appointment [C,\WP51 \DYE\EDCMEMBS.TXT] ) TIllS PAGE BLANK . I~ -.2:< (}Vr q ) 1110 l~ ~ 19fo W_) EXHIBIT "D" ORDINANCE NO. 2402 AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING SECTIONS 2.30.020 AND 2.30.060 OF THE CHULA VISTA MUNICIPAL CODE RELATING TO EXPANDING MEMBERSHIP IN THE ECONOMIC DEVELOPMENT COMMISSION FROM SEVEN TO NINE MEMBERS. The City Council of the City of,Chula vista does ordain as follows: section 1. That sections 2.30.020 and 2.30.060 of the Chula vista Municipal Code are amended to read as follows: section 2.30.020 Membership. A. Number of Members. The Commission shall consist of nine'(9) Voting Members, a Staff Ex-officio Member and up to three (3) General Ex- officio Members. B. Designation of Members. 1. Voting Members. The Voting Members shall be appointed by the city Council from the qualified electors of the City, two (2) of whom shall be appointed from a classification consisting of nominees from the Board of Directors of the Chula vista Chamber of Commerce and who shall, at the time of their appointment and throughout their term, have membership in the Chamber of Commerce; one (1) of whom shall be a nominee from the Board of Directors of the South San Diego Bay cities Board of Realtors and who shall, at the time of their appointment and throughout their term, have membership in the South San Diego Bay cities Board of Realtors; and six (6) of whom shall be residents of the City at large and who shall, throughout their term, maintain their residency and elector status. 2. Staff Ex-officio Member. The city .Manager or his/her designate representative shall be an ex-officio member of the commission, who shall not be required to be a qualified elector of the city, but who shall have no vote ("Staff Ex-officio Member"). 3. General Ex-Officio Members. The City Council, or its designee, may appoint not greater than three (3) additional ex-officio members of the commission, who shall not be required to be qualified I" -.23 Ordinance No. 2402 Page 2 elector(s) of the City, but any such appointed ex-officio members shall have no vote ("General Ex-Officio Member"). section 2.30.060 Term of Office. A. Term of Office--AII Classes of Members. 1. Post-Initial Terms. Except as otherwise provided in this Subsection A, the term of office of all members, and all classes of members, of said Commission shall be for a nominal period of four (4) years, and shall terminate on June 30th of the fourth year of their term, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold Office. 2. Initial Terms of Voting Members. Notwithstanding subsection A.l., the Initial Terms shall commence upon appointment and shall conclude, for two (2) voting Members on June 30, 1991: for two (2) Voting Members on June 30, 1992: for two (2) Voting Member members on June 30, 1993: and for three (3) Voting Members on June 30, 1994, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold Office. a. Appointment to Initial Terms by Lot. Appointment of the initial Voting Members as to the Initial Terms shall be determined by lot, the fairness of which method shall be approved by the Mayor in advance if agreement as to method can not be reached among the Voting Members. 3. General Ex-officio Member. The term of General Ex-officio members shall be for a period of four years from the time of appointment. 4. Staff Ex-officio Member. The term of the Staff Ex-officio Member shall be indefinite. 5. Holdover Office. Notwithstanding the end of any Member's Initial Term or Post-initial Term as herein provided, a Member, other than the Staff Ex-officio Member, shall be permitted to continue to /6-'; 'I Ordinance No. 2402 Page 3 exercise the privileges of his former Office for a period of 6 months after the end of his term until the Office to which he was assigned is filled by his re-appointment or by the appointment of a qualified successor to his Office. 6. Vacancies. . Notwithstanding the term of Office to ~hich a Member is assigned, said Office shall be deemed vacant upon any of the following events ("Event of Vacancy"): , a. The death or disability of said Member that renders said Member incapable of performing the duties of his Office. b. The termination of his status as Member of the Commission or the classification he was assigned to represent on the Commission. c. The member's conviction of a felony or crime involving moral turpitude. d. The member's absence from three (3) regular, consecutive meetings of the commission, unless excused by majority vote of such board or commission expressed in its official minutes. e. The member I s has submitted his resignation which resignation has been accepted by the City Council. f. The membership has been terminated by three affirmative votes of the city Council. Upon the occurrence of an Event of Vacancy as hereinabove listed, the City Council shall so declare the Office to be vacant, and shall expeditiously take such steps as are necessary to fill said vacancy. B. Number of Terms. 1. voting Members. a. Two Term Limit. No Voting Member shall be appointed to more than two (2) terms except as herein provided ("Two Term Limit"). b. Unexpired Term Exception. Notwithstanding the Two Term Limit, a person appointed to the committee as a Voting Member to fill the unexpired term of an Office of a /"....1.5 Ordinance No. 2402 Page 4 Voting Member which has become vacant ("Unexpired Term") which has less than two (2) years remaining on said Unexpired Term, may be appointed to two (2) terms in addition to their Unexpired Term. A Voting Member who currently occupies an Office may not be re-appointed to fill the Unexpired Term of another Office which has become vacant. . c. Initial Term Exception. Notwithstanding the Two Term Limit, a person appointed to an Initial Term of two (2) or less years may be appointed at the natural expiration of their Initial Term to two (2) terms in addition to their Initial Term. A voting Member who occupies an Office under an Initial Term may not be appointed to fill the Unexpired Term of another Office which has become vacant. d. Any Voting Member may be re-appointed to serve on the Committee after two (2) successive years of not serving on the Committee in any Office or Membership capacity--Voting or Staff Ex-officio. 2. General Ex-officio Members. A General Ex-officio member may be reappointed without limitation as to number of terms. 3. Staff Ex-officio Member. The Staff Ex-officio member shall serve at the pleasure of the City Council. section 2: This ordinance shall take effect and be in full force on the t irtieth day from and after its adoption. Bruce M. Boogaa d, City Attorney o form by: I" - .)~ Ordinance No. 2402 Page 5 PASSED, APPROVED, and ADOPTED by the city Council of the City of Chula Vista, california, this 9th day of october, 1990, by the following vote: AYES: councilmembers: McCandliss, Nader, Cox Moore, NOES: Councilmembers: None ABSENT: councilmembers: Malcolm ABSTAIN: Councilmembers: None ~! c~aYor ATTEST: ~_ 1 /J . ~. Beverl A. Authelet, City Clerk STATE OF CALIFORNIA COUNTY OF SAN DIEGO CITY OF CHULA VISTA ) ) ) ss. I, Beverly A. Authelet, City Clerk of the city of Chula Vista, California, do hereby certify that the foregoing Ordinance No. 2402 had its first reading on October 2, 1990, and its second reading and adoption at a regular meeting of said city Council held on the 9th day of october, 1990. Executed this 9th day of October, ( 1~-,2? RESOLUTION It, 8'.2J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPOINTING FIVE EX-OFFICIO MEMBERS TO THE CHULA VISTA ECONOMIC DEVELOPMENT COMMISSION WHEREAS, the City's recently amended Economic Development Commission Ordinance provides for the appointment of up to five (5) ex-officio members by the City Council; and WHEREAS, the Economic Development Commission recommended the appointment of five qualified individuals with expertise in the areas identified as desirable in the amended Economic Development Commission Ordinance, including "major local employers, employment services/job training, international business and educational institutions"; and WHEREAS, the appointment of these individuals will contribute to the Economic Development Commission's ability to pursue the City's economic development goals. THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby appoint the following individuals to the City's Economic Development Commission as non- voting, ex-officio members: Mr. Arthur O. Sellgren, Rohr, Inc.; Mr. Charles E. Sutherland, Gold Coast Engineering, Inc.; Douglas G. Fuller, Fuller Ford/Honda; Mr. Kenneth M. Clark, Small Business Development Center; and Ms. Janet Wahl, San Diego Consortium and Private Industry Council. e~~ Chris Salomone Community Development Director Presented by: Bruce M. Boogaard City Attorney leI WP51 ICOUNClLIRESOSIEDCMEMBS.RESI / t. ~,l f:j