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...
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Cl~l If ;:;?~>~/.
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L-4 -(;J / AflF:TiIATED WITH THE
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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.
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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.
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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
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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,
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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
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September 18, 1m
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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.
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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
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September 18, 1992
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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,
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Draft Agreement for 92.95 Street Sweeping
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'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
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Draft Agreement for 92.95 Street Sweepine
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'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
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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.
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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.
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September 22, 1992
Dnft Agreement (or 92-95 Street Sweeping
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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
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Draft AJreement for 92.95 Street Sweeping
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'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
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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
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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 ' /
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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
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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
. . ..... . - '...
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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' ..
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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" /?
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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
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: Municipal S_ping ".'
construction etean--up .
sweeper Sale.
Plrts Ind Sarvice
'12524 CIlIrk AYtlnue',.- 213/923-5441
Downey. CA 90242 .. . . 800/941-7994
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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
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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.
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1982
6 US.
6 US.
.... ,6 US.
7 US. '
92
MOBIL 2TE4
MOBIL 2TE4
1982
I
93
"94:: ::
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1982,';': - .
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. - . ..
:: MOBIL' 2TE4 .
........ "
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MOBII/.2TE4
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. .."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
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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
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'. 12524 Clark Avenue
':Downey. CA 90242
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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. .
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ALL OF.OUR EQUIPMENT IS PURCHASED. NOT-LEASED.'
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.Munidplll Sweeping
:. ConstrUction Clean-up .
. Sweeper Sales
, Pans and Service
12524 Clark Avenue
. Downey. CA 90242
213/923-5441
800/841-7994
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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.
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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
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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
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SWPEXE.XLS
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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.
JA/md:PH010
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UNCONTROLLED EMBANKMENT PLAN FOR CHULA VISTA TRACT B7-6 OTAY RIO BUSINESS PARK - PHASE 2
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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
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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
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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
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RESOLUTION NO.
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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
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UNCONTROUED EMBANKMENT PLAN FOR CHULA VISTA TRACT 87-8 C1TAY RIO BUSINESS PARK - PHASE Z
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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
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PROJECT TITLE
TELEGRAPH CANYON SEWER BASIN
FIG.
LEGEND :
CITY BOUNDARY
SEWER BOUNDARY
PHASE I
PHASE II
PHASE III
PHASE rv
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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
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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
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LOCATION OF WORK:
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WORK ORDER NO, AR-036
FY 1991-92 SEWER REHABILITATION
PROGRAM - PHASE IV /,;.-
PLAT NUMBER: 1
PREPARED BY: BVH
DATE:
4/27/92
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. 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
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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
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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
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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
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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
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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
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EXHIBIT "e"
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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
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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
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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
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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
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900 LANE AVe Ul00
ChULA VISTA CA 91914
5952320400
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PUBLIC: INTERIM FIRE STATION A
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WESTERN SAL T CO
P 0 BOX 149
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EASTLAKE DEVELOPMI::NT CO
900 LAN E: AVE: #100
CHULA VISTA CA 91914
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HUDSON PARTNERS
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5952321100
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4350 EXECUTIVE DR ~a5
SAN DIEGO CA 92121
5953213000
F A I R WAY V ILL ASP ART NE R S
C/O CENTURY AMERICAN BUILCERS,
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LAGUNA HILLS CA 92653
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900 LANE AVE HuO
CHULA VISTA CA 91914
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5952312700
tASTLAKE DEVELLlPMENT Cll
900 LANE AvE ~100
CHULA VISTA LA 91914
5952320300
990 LANE AvENUE PARTNERS
L/G EASTLAI\E D~vtLOPMENT Cu
900 LANE AvE ~100
CHULA VISTA LA 91914
5952320700
EASTLAKE DtHLLlPi",ENT Cu
900 LANE AVE ~100
CHULk VISTA LA 91914
5952321200
EASTLAKE DI::VI::LOPMENT CLl
900 LANE AvE #100
CHuLA VISTA LA 91914
5953d31uO
FAIRWAY VILLAS PARTNERS
CIO CENTURY AMERICAN BUILDE,
23~21 S POINTE DR
LAGUNA HILLS CA 92053
5953d4600
LANEIKuHN f'ACIFIL hOMES L1Ml
U PAKTNERShlP NO 1
900 LANE AvE #100
CHULA VISTA LA 91914
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
BACKGROUND:
COUNCIL AGENDA STATEMENT
Item 1'1
Meeting Date 09/22/92
PUBLIC HEARING CONSIDERING ISSUANCE OF
REFUNDING REVENUE BONDS FOR MARINA/RV PARK PROJECT
IN THE AGGREGATE PRINCIPAL AMOUNT OF APPROXIMATELY
$8,500,000
RESOLUTION 1j;1f~;J.. 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 .. ~
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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
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TKOx.AS .... >>OWNBY
A.NDREW 0. RALL" JlL
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WILLLt..K H. IlADISON
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DA.YXD or. OSTBK
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PAUL J. 'I'BDDIlG
DAVIJ) A.. wA.L'1'ON
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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
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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
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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
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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
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(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
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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
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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.
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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)
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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
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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
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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.
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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.
'----
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Parks and Recreation, Page 2
(")
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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.)
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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.
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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.
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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
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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.
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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.
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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
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CHULA VISTA 21 SUBCOMMITTEE A
IMPLEMENTATION STATUS REPORT
CHILD AND ADULT CARE MATRIX
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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.
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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.
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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.
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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.
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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
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CHULA VISTA 21 SUBCOMMITTEE B
IMPLEMENTATION STATUS REPORT
LIBRARIES MATRIX
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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.
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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
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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
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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.
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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.
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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.
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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]
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TIllS PAGE BLANK
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(}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
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