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HomeMy WebLinkAboutAgenda Packet 1993/05/11 Tuesday, May 11, 1993 6:00 p.m. Ml declare under penalty of perjury that I an'l amployed by the City of Chula Vista in the Offica of the City Clerk and that I posted this Agenda/Notice on the Bulletin Board at Council Chambers the PUbliC, rv'ces Buildin~ ~d .:-~, ~on Public Services Building ~:T~~; ee~' 0 ~1~t'E~(;~~C;;':cil CAll. TO ORDER Councilmembers Fox ~ Horton ~ Moore -' Rindone -' and Mayor Nader _ 1. ROll CAlL: 2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER 3. APPROVAL OF MINUTES: April 13, 1993, April 20, 1993, April 22, 1993 and April 27, 1993. 4. SPECIAL ORDERS OF THE DAY: a. Proclaiming the week of May 9,1993 through May IS, 1993 as "National Police Week" in the City May 9 through May 15 is National Police Week. The proclamation recognizes the contributions of Chula Vista's 235 dedicated Police Department employees. The proclamation will be presented by Mayor Nader to Chief Emerson. b. Proclamation commending Calvin and Kathleen Byrd for twenty years of devoted foster parenting in the City - The proclamation will be presented by Mayor Nader. c. Proclaiming the week of May 9, 1993 through May 15, 1993 as "Household Hazardous Materials Awareness Week" - The proclamation will be presented by Mayor Nader. d. Proclaiming the week of May 16, 1993 through May 22, 1993 as "National Public Works Week" - The proclamation will be presented by Mayor Nader to John Lippitt, Director of Public Works and representatives from the Public Works Department. CONSENT CALENDAR (Items 5 through 16) The stoff recommendations regarding the foUowing items listed undo the Consent CoJendar wiI1 be enm:ted by the CoundI by one motion without discussion unless IJ CounciImember, IJ member of the public or City stoff requests that the iton be pulled for discussion. /fyou wish to speak 011 one of these items, pkase fill out IJ "Request to Speak Form" avaiJabk in the lobby IJ1Id submit it to the City Clerk prior to the muting. (Complete the green form to speak in favor of the stoff recomme1Ulation complete the pink form to speak in oppo.sition to the stoff recommendation.) Items pulled from the Consent Calendar wiI1 be disaused after Board IJ1Id Commission Recommendations and Action Items. Items pulled by the public wiI1 be the first items of busWss. 5. WRITTEN COMMUNICATIONS: None submitted. 6. ORDINANCE 2555 REPEAIJNG AND RE-ENACTING A NEW CHAPTER 2.46 OF THE MUNIQPAL CODE RELATING TO THE YOUTI-I ADVISORY COMMISSION (second readinl!: and adoDtion) - Last year it was suggested that the ordinance relating to tl>e Youth Commission be amended to allow commission members to serve beyond 18 years of age. Upon review, many provisions of the current ordinance were discovered to be in violation of the Charter, or inconsistent with the new, standard format for Boards and Commissions. Staff recommends Council place the ordinance on second reading and adoption. (City Attorney) Agenda -2- May 11, 1993 7. ORDINANCE 2556 AMENDING EXHIBIT A OP ORDINANCE 2546 ADOPTING CAUPORNIA COASTAL COMMISSION'S JANUARY 15, 1993 AcnONS ON 1HE CITY'S LOCAL COASTAL PROGRAM RFSUBMITIAL NUMBER EIGHf AND ACCEPTING AND INCORPORATING MODIPICATIONS TO 1HE SPECIPIC PLAN (first readin,,) - On 1/15/93, the California Coastal Commission adopted Local Coastal Program (LCP) Number Eight for development of the Midbayfront with modifications that were acceptable to City staff and consultants. Council adopted and authorized the California Coastal Commission actions on 3/16/93. However, one Coastal Commission modification to the Specific Plan was not included. Staff recommends Council place the ordinance on first reading. (Director of Community Development) 8. RESOLUTION 17100 APPROVING AGREEMENT (ADDENDUM NUMBER NINE) WI1H JHK lit ASSOCIATES AND BAlDWIN VISTA, LTD. POR TRANSPORTATION PLANNING SERVICES ON 1HE OTAY RANCH, AND Al.l1HORlZING 1HE MAYOR TO EXEClITE SAME - In responding to directives received from the Dtay Ranch General Manager, the agreement includes preparing for and attending project-related workshops and hearings, and project coordination meetings. Staff recommends approval of the resolution. (Deputy City Manager Krempl) Continued from the meeting of 5/4/93. 9. RESOLUTION 17093 TRANSPERRING$2,5000PUNUSEDCOMMUNITYDEVELOPMENTBLOCK GRANT (CDBG) FUNDS PROM VARIOUS SUB-GRANTEES TO 1HE Ll.l1HERAN SOCIAL SERVICES OP CAUPORNIA POR 1HE "TIWRSDAY'S MEAL' PROGRAM - In July 1991, Lutheran Social Services and the South Bay Ecumenical Council started a weekly meal program for homeless people. The "Thursday's Meal" program currently serves 200 people, half of whom are children. The committee overseeing the program has recently expanded to serve meals on Mondays at the Presbyterian Church. Lutheran Social Services has sent Council a letter requesting $2,500 to cover the cost of utilities, maintenance, and insurance. It is a one-time request and inunediately needed due to the rapid growth of the program. Unused CDBG social services funds are available from various sub-grantees. Staff recommends approval of the resolution. (Director of Community Development) 4/5th's vote required. Continued from the meeting of 5/4/93. 10. RESOLUTION 17105 ACCEPTING SETTLEMENTS PROM TRANSAMERICA INSURANCE GROUP AND FEDERAL EMERGENCY MANAGEMENT (PEMA) POR DAMAGED CARPETING AND WSS OP TOOLS AT 1HE NATURE INTERPRETIVE CENTER AND APPROPRIATING THOSE FUNDS POR IMMEDIATE REPLACEMENT - During the January 1993 storms, the carpeting at the Nature Interpretive Center was wetted repeatedly and ruined. On 3/14/93, the shop at the Nature Interpretive Center was burglarized and almost all of the hand and power tools were stolen. Claims were med with both the insurer, TransAmerican Insurance Group and PEMA. Staff recommends approval of the resolution. (Executive Director, Bayfront Conservancy Trust) 4/5th's vote required. Agenda -3- May 11, 1993 11. RESOLUTION 17106 GRANTING TIiE 1993 RICHARD WELSH MEMORIAL AWARD TO TIiE ROHR OFFICE COMPLEX LOCATED AT 800 LAGOON DRIVE - On 9120/88, Council created the Richard Welsh Memorial Award to recognize projects with superior building functions, design and unique characteristics that best exemplify the developer's commitment to beautify the community. Rohr Office Complex has been nominated to receive the award. Staff recommends approval of the resolution. (Director of Planning) 12. RESOLUTION 17107 APPROVING SUPPLEMENfAL PARCEL MAP IMPROVEMENT AGREEMENT WITH TIiE SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION (SDNSTF) AND AU1HORIZlNG TIiE MAYOR TO EXEClITE SAME - On 5/1/90, Council approved the Specific Planning Area (SPA) Plan for the Olympic Training Center (OTC). Condition of Approval Number One of the SPA Plan required the developer to provide a recreational trail, bike path and related landscaping and improvements adjacent to Wueste Road. The Supplemental Agreement will provide for the future maintenance of said improvements and for the future transfer to the City of property rights to the underlying land by the SDNSTF to the City. Staff recommends approval of the resolution. (Director of Public Works and Director of Parks and Recreation) 13. RESOLUTION 17108 APPROVING AN AMENDMENT TO TIiE CHULA VISTA PORTION OF TIiE 1992-99REGIONAL TRANSPORTATIONIMPROVEMENTPROGRAM (RTIP) AND AU1HORIZlNG ITS SUBMITIAL TO TIiE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) - The second amendment to the RTIP will be directed primarily at changes for the second year of the 1992-99 RTIP or for Fiscal Year CFYl1994. Changes to IT 1993 necessary to carry over projects or funds to IT 1994 will also be considered by the SANDAG Board of Directors. Project or funding changes beyond IT 1994 will be considered as part of the development of the new 1994-2001 RTIP. In June 1993, SANDAG will be amending the 1992-99 RTIP. Staff recommends approval of the resolution. (Director of Public Works) 14. RESOLUTION 17109 ESTABliSHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND REMOVAL OF POLES AND OVERHEAD FACIUTIES WlTHIN UNDERGROUND UTIliTY DISTRICT NUMBER 125 ALONG ORANGE AVENUE FROM FOURTH AVENUE TO THIRD AVENUE - On 12115/92, Council established Underground Utility District 125 along Orange Avenue from Fourth Avenue to Third Avenue. In accordance with Section 15.32.150 of the Municipal Code, adopted Resolution 16939 states that Council shall by subsequent resolution fix the date on which the affected property owners must be ready to receive underground service and the date by which poles, overhead wires and associated structures shall be removed. The conversion of overhead utilities to underground will begin in June 1993 and should be completed in August 1993, not including pole removals. Staff recommends approval of the resolution. (Director of Public Works) Agenda -4- May 11, 1993 15. RESOLUTION 17110 ESTABUSHJNG DATES FOR PROPERlY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND REMOVAL OF POLES AND OVERHEAD FACIU11ES WlTIiIN UNDERGROUND U11U1Y DlSfRlCf NUMBER 121 ALONG "F" S1REET FROM CHUROi AVENUE TO APPROXIMATELY 100 FEET EAST OF SECOND AVENUE - On 2/25/92, Council established Underground Utility District 121 along "F" Street from Church Avenue to approximately 100 feet east of Second Avenue. In accordance with Section 15.32.150 of the Municipal Code, adopted Resolution 16524 states that Council shall by subsequent resolution fIx the date on which the affected property owners must be ready to receive underground service and the date by which poles, overhead wires and associated structures shall be removed. The conversion of overhead utilities to underground will begin in April 1993 and should be completed in September 1993, not including pole removals. Staff recommends approval of the resolution. (Director of Public Works) 16. REPORT RESPONSE TO STATEMENT BY MS. REGINA HICKEY TIlAT STAFF HAS DISCOURAGED AN AFFORDABLE HOUSING PROJECf - At the Council meeting on 5/4/93, Ms. Hickey stated that she had submitted plans last year for a low-rent housing project, but had been discouraged by the Planing Dept based upon their opposition to affordable housing. Council directed staff to respond in one week. Staff recommends Council accept the report. (Director of Planning) * * END OF CONSENT CALENDAR * * PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES The following items IuJve been advertised t11Ullor posted as pub1i& 1rearin&s as rrquired by low. If you wish to speak to any item, please fill out tM "Request to Speak Farm" avaiJJJbk in tM lobby t11Ul submit it to tM City Clerk prior to tM meeting. (Complete tM green farm to speak in favor oftM stoffm:ommendJJtion; complete tM pinkfarm to speak in opposition to tM stoff recommendo1ion.) Comments are limited to five minutes per individuoI. 17. PUBUC HEARING ORDINANCE 2557 18. PUBUC HEARING CONSIDERATION OF APPUCATION FILED BY CHIA mEN AND CHUANG CHU FOR PREZONING OF 1.05 ACRE WT WCATED AT 4045 PALM DRIVE . The applicant desires to construct a single family dwelling which requires provision of City sewer service. Annexation is necessary in conjunction with extending service. The subject prezoning is required by the Local Agency Formation Commission (LAFCO) as part of the annexation process. Staff recommends Council place the ordinance on fIrst reading. (Director of Planning) PREZONING 1.05 ACRES WCATED AT 4045 PALM DRIVE TO RESIDENTIAL ESTATE ("R.E") ZONE, MAKING NECESSARYFlNDINGS (fIrst readinl!:) HOUSING AND COMMUNI1Y DEVELOPMENT NEEDS - For Fiscal Year (FY) 1993-94, the City will receive a Community Development Block Grant (CDBG) entitlement of $1,664,000 and anticipates receiving program income of about $524,670 from the CDBG Housing Rehabilitation revolving fund. Staff recommends that Council conduct the public hearing, accept the staff report on the IT 1993-94 CDBG program, and direct staff to return on 5/18/93 with the funding recommendation report. (Director of Community Development) Continued from the meeting of 5/4/93. Agenda -5- May 11, 1993 ORAL COMMUNICATIONS This is an opportunity for the gmeraI public to addnss the CiIy Coundl 011 any subject moiler within the Coundl's jurisdU:tioII that is not an item 011 this agenda- (Stau law, however, generally prohibits the CiIy Coundl from taking action 011 any issues not i1u:luded 011 the poswl agenda-) If you wish to addnss the Coundl 011 such a subject, pkase complete the yellow .Request to SpeIlk Under Oral Communications Form. available in the lobby and submit it to the CiIy CInk prior to the meeting. Those who wish to speak, pkase give your name and addnss for record purposes and faI1aw up action. YOIU time is limited to three minutes per speaIur- BOARD AND COMMISSION RECOMMENDATIONS This is the time the CiIy Coundl will consido items which have been forwarded to them for considoation by one of the CiIy's Boards, Commissions and/or Committus. 19. REPORT ENVIRONMENTAL ZONE TASK FORCE RECOMMENDATIONS . On 1/12/93, Council created a Task Force to identify ways of attracting environmentally sound businesses to Chula Vista. The Task Force has developed a set of recommendations to create and implement a Regional Border Environmental Task Force. Staff recommends Council: (1) accept and approve the Task Force Concept Paper (dated 4/28/93); (2) support the Task Force application for Community Development Block Grant funds at the 5/18/93 meeting; and (3) direct staff to return following the 5/18/93 meeting with specific action items for approval. (Director of Community Development) ACTION ITEMS The items listed in this section of the agenda are expected to elicit substalltid discussions and deIiberaJions by the Cowu:iI, stoff, or members of the general publU:. The items will be COI&Siilered individually by the Coundl and stoff recommendalions may in certoin cases be presented in the aIIemaIive. Those who wish to speak, pkase fill 0Ul a .Request to SpeIlk" form avaiJable in the lobby and submit it to the CiIy CInk prior to the meeting. Public comments are limited to five minutes. 20. RESOLUTION 17111 AMENDING THE MASTER FEE SOiEDULE TO ESTABUSH NEW GREEN FEES AT THE CHULA VISTA MUNICIPAL GOLl' COURSE - American Golf Corporation, the golf course lessee, is requesting a new green fee schedule effective 7/1/93 and a change in the Resident Senior Monthly Ticket program. Staff recommends approval of the resolution. (Director of Parks and Recreation) 21. RESOLUTION 17112 APPROVING AN AGREEMENTWITH MAYFLOWER CONTRACf SERVICES, INC. FOR OPERATION OF CHULA VISTA TRANSIT (CVT) AND MAINTENANCE OF THE CVT BUS FLEET FOR THE PERIOD OF JULY 1, 1993 TIiROUGH JUNE 30, 1996 - Six responsive proposals to operate CVT and fleet maintenance were received in response to a Request for Proposals (RFP). A four-member panel evaluated the proposals and recommends Mayflower Contract Services, Inc. as the CVT contract operator. Staff recommends approval of the resolution. (Director of Public Works) Agenda 22. RESOLUTION 17113 23.A RESOLUTION 17114 B. RESOLUTION 17091 24. RESOLUTION 17095 25. RESOLUTION 17115 -6- May 11, 1993 APPROVING AN AGREEMENT WI1lI TIiE AMERICAN RED CROSS FOR HANDYfRANS OPERATION FOR TIiE PERIOD OF JULY I, 1993 TIiROUGH JUNE 30, 1996 - The City received four responsive proposals in response to a Request for Proposals (RFP) for Handytrans operation. The proposals were evaluated by a three-member panel. The panel recommends American Red Cross to operate Handytrans. Staff recommends approval of the resolution. (Director of Public Works) APPROVING TIiE CONVERSION OF lWO VEHICLES TO COMPRES.<;fn NATIJRAL GAS, AMENDING TIiE FISCAL YEAR (FY) 1992-93 BUDGET AND APPROPRIATING FUNDS - On 4/27/93, Council was asked to accept bids and award contract for the purchase of trucks previously approved m the FY 1992-93 budget. Council continued the item until 5/11/93 so that staff could: (1) examine whether consideration of local sales tax generations would have changed the bid award; and (2) make a recommendation on possible conversion of the vehicles to alternate fuel. Staff recommends approval of the resolution. (Director of Finance and Director of Public Works) 4/5th's vote required. ACCEPTING BIDS AND AWARDING CONfRACf FOR PURCHASE OF TRUCKS - Bids were received for the purchase of five vehicles, approved in the Fiscal Year 1992-93 budget. Three vehicles are provided for in the Equipment Replacement Fund and the other two in the General Fund. Three vehicles will be used in the Engineering-Inspection Division and one each in Parks Maintenance and Animal Regulation. Staff recommends approval of the resolution. (Director of Finance) Continued from the meeting of 4127/93_ APPROVING AN AGREEMENT WI1lI ENVIRONMENTAL SYSTEMS RESEARCH INSTITIITE, INC. FOR ACQillSmON, INSTALLATION, TRAINING, AND MAINTENANCE OF TIiE CIlY-WIDE GEOGRAPHIC INFORMATION SYSTEM, AND AUTI-lORIZING TIiE MAYOR TO EXEClITE SAME - The agreement is for the purchase and installation of equipment and software for the City-wide Geographic Information System (GIS). The GIS is a key element in the City's continuing efforts to improve staff efficiency and to provide better service to the citizens of Chula Vista. A GIS uses the latest computer technology to combine graphic and non- graphic data processing techniques for the creation of geographic or land use information by integrating diverse automated City data files, including maps. The system will give staff, managers, and policy makers the ability to use geography (individual parcel, planning area, City block, etc.) as a common denominator for the review and impact analysis of data from a number of different sources such as streets, easements, sewers, drainage systems, street trees, street lights, traffic signals, land use/zoning, assessment districts, fire hydrants, etc. Staff recommends approval of the resolution. (Director of Public Works) Continued from the meeting of 4127/93. AUTI-lORIZING STAFF TO SUBMIT A REQUEST FOR FUNDING TO nm AIR POLLUTION CONTROL DISTRICf FOR AB2766 VEHICLE REGISl'RATION FEE FUNDS - The Air Pollution Control District (APCD) has requested proposals for funding projects that will help municipalities meet Employer Tnp Reduction regulations. The City is requesting funding for the development of an Air Quality Improvement Program and the exploration of a satellite work center for public and private employers to share. Staff recommends approval of the resolution. (Administration) Agenda -7- May 11,1993 26. REPORT CHULA VISTA HUMAN SERVICES COUNCIL - Council established the Chula Vista Human Services Council (CVHSC) in 1988 in response to recommendations contained in the newly-adopted Social Service Plan. The Mayor and Council appointed the directors of public and private human services agencies as its members, many of whom were not Chula Vista residents. Over the past four years, CVHSC has brought together agencies and resources to collectively address the City's most pressing human services needs. Although not an official. advisory body, the Council's activities are undertaken under the auspices of the City and with Community Development Block Grant (CDBG) and other City funding. Some of the programs initiated by the CVHSC may involve direct services to the public, which creates a liability factor for the City. The larger issue is the role of the CVHSC and its relationship to the City. Staff recommends Council accept the report and approve one of the resolutions. (Director of Community Development) Continued from the meeting of 4/27/93. A. RESOLUTION 17050 APPROVING AN AGREEMENT wrrn 1HE CHULA VISTA HUMAN SERVICES COUNCIL (CVHSC) SETI1NG our 1HE RELATIONSHIP BElWEEN 1HE CI1Y AND 1HE CVHSC; AND TRANSFERRING $900 FROM 1HE NORMAN PARK SENIOR CENfER TO 1HE SOlITH BAY FAMILY YMCA FOR 1HE CVHSC or B. RESOLUTION 17116 APPROVlNG1HETRANSFEROF$9OOFROM1HENORMANPARKSENIOR CENfER TO 1HE SOlITH BAY FAMILY YMCA FOR CVHSC 27. REPORT PETITION FROM NEIGHBORS REGARDING PARKING PROBLEMS wrrn AurO REPAIR SHOP AT REAR OF 363 "Eo STREET - On 3/2/93, Council considered a petition from surrounding residents regarding parking and other problems associated with an auto repair shop located at the rear of 363 "E" Street. Staff was directed to meet with the neighbors and business owners, review previous Council action on the issue, and report back within 30 days. Staff recommends Council accept the report and direct staff to monitor the situation and report back no later than 8/1/93. (Director of Building and Housing and Director of Planning) 28. REPORT ANALyzJNG lWO ALTERNATIVES FOR 1HE OTAY VAIJ.EY REGIONAL PARK FOCUS PLANNING AREA - In considering the Otay Valley Regional Park Focus Planning Area (FPA), two alternatives will be explored: (1) the F.PA as endorsed by the Otay Valley Regional Park Policy and Citizen Advisory committees; and (2) a modification to the FPA which identifies Poggi, Wolf and Salt Creek Canyons and the area around the lakes as a special study area. Staff recommends Council support Alternative Number Two, thereby endorsing the proposed FPA and special study area for the Otay Valley Regional Park planning process. (Director of Parks and Recreation) Agenda -8- May 11, 1993 ITEMS PIJLLIID FROM 'lHE CONSENT CALENDAR This is IN time IN City Coundl wiD discuss items which hove bun rrmoved from IN Consent Co/endJJr. Agmda items pu1Jed III IN request of IN publU: wiD be considered prim to those pu1Jed by Cound/memben. PubIU: comments an /inJiud to fiw minutes per individuaL OTIIER BUSINESS 29. CJ1Y MANAGER'S REPORTCS) a. Scheduling of meetings. 30. MAYOR'S REPORTCS) a. Discussion of County Prisoner Release Policy. Continued from the meeting of 5/4/93. 31. COUNCIL COMMENTS Councilwoman Horton a. Authority to obtain a permit for a community forum on gangs and graffiti. Continued from the meeting of 5/4/93. Councilman Moore b. Solid waste update. Continued from the meeting of 5/4/93. c. Discussion and potential action regarding next phase of Memorial Park improvements (i.e. location of new rest room, expansion of museum, etc.). Continued from the meeting of 5/4/93. ADJOURNMENT The meeting will adjourn to the Regular City Council Meeting on May 18, 1993 at 6:00 p.m. in the City Council Chambers. A Meeting of the Redevelopment Agency will be held immediately following the City Council meeting. COUNCIL AGENDA STATEMENT Item 'Ih Meeting Date 5/11/93 ITEM TITLE: proclamation - COMMENDING CALVIN & KATHLEEN BYRD FOR TWENTY YEARS OF DEVOTED FOSTER PARENTING SUBMITTED BY: Mayor Tim Na~ (4/5ths Vote: Yes Noxx) The proclamation Commending Calvin & Kathleen Bryd for Twenty Years of Devoted Foster Parenting will be presented by Mayor Nader to Calvin and Kathleen Byrd. Form A-113 (Rev. 11/79) 'Ib- / COMMENDING CALVIN and KATHLEEN BYRD FOR TWENTY YEARS OF DEVOTED FOSTER PARENTING IN THE CITY OF CHULA VISTA, CALIFORNIA WHEREAS, foster parents throughout San Diego County provide a valuable service to the County and the children they serve; and WHEREAS, foster parents Calvin and Kathleen Byrd have lived in Chula Vista for 23 years, have been committed foster parents for twenty years, have had 161 children in their home, have provided specialized care to medically fragile infants, severely handicapped children and other special needs children; and WHEREAS, Calvin and Kathleen Bryd were recognized and awarded the Western Region Child Welfare League of America Foster Parent Award at the CWLA National Convention in Washington, D. C. on March 18, 1993: NOW, THEREFORE, I, TIM NADER, Mayor of the City of Chula Vista, California, do hereby COMMEND CALVIN AND KATHLEEN BYRD for their unselfish dedication in providing twenty years of loving care to the children of the County of San Diego. Jf h .. tJ.. COUNCIL AGENDA STATEMENT ITEM J./c, MEETING DATE 5/11/93 ITEM TITLE: PROLAMATION -- proclaiming the Week of May 9, 1993 through May 15, 1993 as "Household .Hazardous Materials Awareness Week" in Chula vista. SUBMITTED BY: Conservation Coordinator AL{) REVIEWED BY: City Managerj~~G(4/5thls Vote: Yes___ No-X-l BOARD/COMMISSION RECOMMENDATION: N/A The city of Chula vista is participating with the county of San Diego in a variety of educational programs for children, adults and businesses to foster a greater awareness about household hazardous wastes, alternatives and proper disposal. The Proclamation will be presented by Mayor Nader to the Conservation Coordinator. 1./c -I PROCLAIMING THE WEEK OF MAY 9 THROUGH MAY 15, 1993 AS "HOUSEHOLD HAZARDOUS MATERIALS AWARENESS WEEK" IN THE CITY OF CHULA VISTA, CALIFORNIA WHEREAS, materials considered hazardous are common in households throughout the region; and WHEREAS, household hazardous waste is the unused or leftover portion of products containing toxic chemicals. This includes any product labeled with the words CAUTION, WARNING, DANGER, POISON, FLAMMABLE, CORROSIVE or REACTIVE, such as paint, motor oil, cleaners and insecticides; and WHEREAS, awareness of proper disposal methods for hazardous materials is economically, socially and environmentally important; and, WHEREAS, the goals of Chula Vista's Reduction, Alternatives and Disposal Project and the San Diego County Regional Household Hazardous Materials Program are to educate the public about the dangers associated with household hazardous materials and to provide information on safe substitutes, as well as eliminate the improper disposal of household hazardous waste; and, WHEREAS, as a step toward accomplishing those goals the City of Chula Vista is participating with the County of San Diego in a variety of educational programs for children, adults and businesses to foster a greater awareness about household hazardous wastes, alternatives and proper disposal: NOW, THEREFORE, I, TIM NADER, Mayor Of the City of Chula Vista, California do hereby proclaim the week of May 9 through May 15, 1993 as "HOUSEHOLD HAZARDOUS MATERIALS AWARENESS WEEK" in the City of Chula Vista. FURTHER, I encourage all Chula Vistans to become more aware of the potential problems associated with improper disposal of household hazardous materials and to dispose of these materials in the proper manner. ~c~~ COUNCIL AGENDA STATEMENT Item If~ Meeting Date 5/11/93 SUBMITTED BY: PROCLAMATION Proclaiming week of May 16 - 22, 1993 as National Public Works Week in the City of Chu1a Vista, California rr Director of Public Works I. {V' City Manager Lf.,l5 & ITEM TITLE: REVIEWED BY: Since the efforts of qualified and dedicated personnel who staff Public Works departments in the delivery of services are essential to the well being of the community, the American Public Works Association is supporting the week of May 16 - 22, 1993 as National Public Works Week. Accepting on behalf of the City's Public Works Department is John Lippitt, Director of Public Works and representatives from the Public Works Department. JPL:SB/AGENDA/PROCLAM.PWW 050593 Ljaf., J ~?S\O~ ~o . ORDINANCE NO. '555 ~/ AN ORDINANCE OF THE CITY OF CHULA VISTA REPEALING AND ADDING CHAPTER 2.46 TO THE CHULA VISTA MUNICIPAL CODE RELATING TO THE YOUTH ADVISORY COMMISSION The City Council of the City of Chula vista does ordain as follows: section I. That Chapter 2.46 of the Chula vista Municipal Code is hereby repealed. section II. That a new Chapter 2.46 is added to the Chula vista Municipal Code to read as follows: Chapter 2.46 YOUTH ADVISORY COMMISSION Sec. 2.46.010 Creation. There is hereby created a Youth Advisory Commission (Commission). Sec. 2.46.020 Purpose and Intent It is the purpose and intent of the city council to establish a youth commission to make recommendations and advise the city council, the city manager, and other members of the Chula vista government through the city manager in all matters affecting the young people of this community as well as those in areas surrounding the city and having some relationship to the city to accomplish among other things: A. The development of mutual understanding and respect between the young people and all of the adult citizens of Chula Vista; B. The establishment of liaison and maintenance of communications with all of the young people of the community so as to better understand the problems and difficulties confronting young people in today's complex urban society; C. The establishment of a forum for meaningful open communication where the youth of Chula vista can state in an explicit manner and in terms that will be understood by members of the so-called "establishment"; D. The restoration of a feeling of mutual respect and understanding on the part of all age groups in the city; YTHCOM.ORD 5/6/93 Page 1 ~-, . COUNCIL AGENDA STATEMENT ITEM TITLE: ~~ nem "" Keeting Date 4~ -{lvl') Ordinance ~~~epealing and Re-enacting a~ Chapter 2.46 of the Chula Vista Muni~a~()101d~. Relating to the Youth Advisory comm~ ~ ~~ city Attorney ~~ 4/sths Vote: Yes___No-X- Last year Mayor Nader suggested that the ordinance relating to the Youth Commission be amended to allow commission members to serve beyond becoming 18, to the otherwise authorized end of their term. Upon review, many provisions of the current ordinance were discovered to be in violation of the Charter, or inconsistent with the new, standard format for Boards and Commissions. The attached ordinance will implement the requested change, and bring the ordinance into conformity with the standard provisions. SUBMITTED BY: . RECOMMENDATION: Place the Ordinance on first reading. DISCUSSION: The proposed Ordinance deletes the provision which previously required members to be removed when they turned 18 (former sec. 2.46.030 B). It also: . . 1. Deletes two year terms, and replaces them with Charter-required four year terms (former sec. 2.46.040 C and D); 2. Establishes a regular meeting at 6:30 P.M. in the Parks and Recreation Conference Room on the second Monday each month; 3. Deletes a a provision allowing a quorum of a majority of the actual membership plus one, and replaces it with Charter-required majority of the entire membership (former sec. 2.46.080); 4. . Preserves the essence of the former ordinance provisions relating to purpose (former sec. 2.46.010), eligibility (former sec. 2.46.030), selection (former sec. 2.46.040), and duties (former sec. 2.46.100); 5. Replaces alr other "boilerplate" provisions with the current, up-to-date language. Please note that there is no provision in the proposed ordinance for transition regarding existing terms. Ordinarily, where changes are made to existing advisory bodies, recognition is given to existing service and terms, because of the effect of the Charter language on two term limits, staggered terms, and drawing lots for initial terms to create the staggered terms. However, because of the lack of conformity of the current ordinance with the Charter (two-year terms instead of four-year terms), and the practical ,rr ~-I reality that most members of the Commission will be unlikely to serve more than one full term, staff suggests to Council that the Youth Commission be treated like the Charter Review Commission was. ""'" That is, treat the ordinance as newly creating the Youth Advisory Commission and have the Charter provisions go into play for the first time, with current members being eligible for appointment to . the new Commission, with their prior service disregarded for the purposes of disqualification for service in excess of two terms. This process will get the staggered terms on a proper schedule, and establish positions to be filled, including the filling of unexpired terms in the event of resignation or other vacancy prior to completion of term. BOARDS/COMMISSIONS RECOMMENDATIONS: At its meetings of October 13, 1992, March a, and April 12, 1993 the Youth Commission reviewed the proposed new Ordinance, recommended three changes, and voted 6-0 to recommend Council approve the new Ordinance (including their changes). The Commission's proposed changes were: .020 from "rap" session TO open communication; .040 from ninth TO seventh grade; plus a modification of the last sentence of proposed subsection B.l (currently .030 and .040 A) referring to "lack of interest or unavailability", rather than if "no applications are received" in reference to appointments from all schools. The changes reflect the existence of middle schools, and the potentential future situation where there will be more schools than seats. FISCAL IMPACT: None. .~ P,Ib""",Ia";'",lagdoytb ........" ~~~~ D. The restoration of a feeling of mutual respect and understanding on the part of all age groups in the city; E. The elimination of those petty causes of friction which have resulted in the alienation of our youth and the polarization of our community based upon age; F. The encouragement of full and active participation in all phases of governmental process by the young people of this community. It is the basic intent of the city council to provide for the young people of the city a sense of identity and self-recognition so that the young people will truly feel that they are part of a dynamic society which they will be expected to one day lead and direct and should now be making an input so as to influence its direction. Sec. 2.46.030 Functions and Duties The functions and duties of the Commission shall be as follows: A. Establish a direct communications link between the young people of the city and the city council, to assist in those matters which are of concern to the young people, and in turn, to the entire community; B. Provide recommendations and suggestions to the city council and to all boards and commissions of the city reflecting the point of view of the young people of this community. Sec. 2.46.040 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 upon recommedation of Mayor from the qualified residents of the City in accordance with Section 600 et seq. of the Charter. Members of the youth commission shall be either YTHCOM.ORD 5/6/93 Page 2 ~''f students or nonstudents who have reached or passed the seventh grade educational levei as continuing students at the time of appointment and shall maintain residence throughout the term of office and must be under the age of eighteen as of the commencement of the term to which they are appointed. A student applying for membership need not be a member of or sponsored by any student body governing organization or an officer of any class of his student body. Representation of any official or sanctioned organization or viewpoint is not to be regarded as a special qualification for membership. The council will use its best efforts to appoint at least one student from as many as possible of the high schools, middle schools and junior high schools within the city limits. If there are no applications or unacceptable applicants from a particular school, applicants will be appointed from another school. 2. Staff Ex-officio Member. The City Manager or his/her designated 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 elector(s) of the City, but any such appointed ex-officio members shall have no vote ("General Ex-Officio Member"). Sec. 2.46.050 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.1., the Initial Terms shall commence upon appointment and shall conclude, for one (1) YTHCOM.ORO 5/6/93 Paga 3 ~..>, voting Member on June 3D, 1993; for two (2) voting Members on June 3D, 1994; for two (2) Voting Member members on June 3D, 1995; and for two (2) Voting Members on June 3D, 1996, unless they shall otherwise sooner resign, die, become disqualified or incompetent to hold Office. a. Assignment to Initial Terms by Lot. Voting Members shall be assigned to Initial Terms by lot at the first regular meeting at which all voting Members are present, but in any event not later than the third month after initial appointment of the 7th voting Member. 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 exercise the privileges of the former Office after the end of the term until the Office to which he or she was assigned is filled by re-appointment or by the appointment of a qualified successor to Office. 6. Vacancies. Notwithstanding the term of Office to which 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 Office. b. The termination of status as Member of the commission or the classification which was assigned to be represented on the Commission. c. The member's conviction of a felony or crime involving moral turpitude. YTHCOM.ORD 5/6/93 Page 4 t';, 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 has submitted a resignation which resignation has been accepted by the city Council. f. The membership has been terminated by a majority vote 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. No Voting Member shall be appointed to more than two (2) terms except as herein provided. b. A Voting Member assigned to an Initial Term of less than two (2) 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 currently occupies an Office under an Initial Term may not be appointed to fill the Unexpired Term of another Office which has become vacant. c. A voting Member appointed to the Commission to fill the unexpired term of an Office of a 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. d. Any member may be re-appointed after two (2) successive years of not serving on the commission in any Office or Membership capacity--Voting, General Ex-officio or Staff Ex-officio. 2. General Ex-officio Members. General Ex-officio member may be reappointed without limitation as to number of terms. 3. Staff Ex-officio Member. YTHCOM.ORD 5/6/93 Paga 5 &,'/ The Staff Ex-officio member shall serve at the pleasure of the City Council. Sec. 2.46.060 Operation of Commission. A. Time of Meetings. 1. "organizational Meeting". Among such other meetings as the Commission may desire to have, the Commission shall meet not later than in the first week of July each year ("Organizational Meeting"), and thereupon shall do the following: a. Select a Chairperson and a Vice Chairperson from among its Voting Members to serve for a period of one (1) year. b. Assign such duties to its members as it determines may be necessary. c. Deliberate upon agenda issues for further deliberation and discussion by the Commission. 2. Other Meetings. The Commission shall hold regular meetings on the second Monday of each month at 6: 30 P. M.. The Commission shall meet at such other times as it shall establish by majority vote, or at such time as the Chairperson thereof may call, or at such times as a majority of the members thereof may call a meeting. B. Place of Meetings. Unless the Commission shall otherwise establish another regular place for its meetings and advise the City Clerk accordingly, the Commission shall meet in the Parks and Recreation Conference Room in the Administrative Building at the city Hall Complex located at 276 Fourth Avenue, Chula vista, or at such other place as may be posted upon the door of said Conference Room at least thirty (30) minutes in advance of the Meeting. C. Conduct of Meetings. The meetings of the commission, and notice thereof, shall be governed by the same rules and regulations by which the City Council is bound in the conduct of public meetings. D. Quorum. YTHCOM.ORD 5/6/93 Page 6 t,--8' Five Voting Members shall constitute a quorum for the transaction of business. E. Resolutions. The affirmative vote of membership shall be required resolution of the Commission. a majority of the for the passage entire of any F. Reports and Recommendations. All reports and recommendations shall be made in writing. G. staff Support. All officers and department heads shall cooperate with and render reasonable assistance to the Commission. The City Manager may make available staff and clerical support to the Commission to fulfill its functions and duties, provided such staff and clerical support is available. H. Rules and Regulations. The Commission may make such rules and regulations not inconsistent with the provisions of this Chapter. section III. This ordinance shall take effect and be in full force on the thirtieth day from and after its adoption. Presented and Approved as to form By: Bruce M. Boogaard, city Attorney F:\homc\attomey\ythcom.ord YTHCOM.ORD 5/6/93 Page 7 &,,1 COUNCIL AGENDA STATEMENT ITEM TITLE: Item 7 Meeting Date 05/11/93 ORDINANCE .).~..> " Amending Exhibit A of Ordinance Number 2546 of the City of Chula Vista adopting California Coastal Commission's January IS, 1993 Actions on the City of Chula Vista Local Coastal Program Resubmittal Number 8 and accepting and incorporating modifications to the Specific Plan SUBMITTED BY: Community Development Director REVIEWED BY: City Manager!,; I';; k -f-..J ( c,. '- (4/5ths Vote: Yes No X) BACKGROUND: On January IS, 1993 the California Coastal Commission adopted Local Coastal Program (LCP) Number 8 for development of the Midbayfront with modifications that were acceptable to City staff and consultants. The City Council adopted and authorized the California Coastal Commission actions on March 16, 1993 (Ordinance 2546). However, one Coastal Commission modification to the Specific Plan was not included in total in the Council's March 16 actions. Therefore, the Council is requested to approve an amendment to Ordinance 2546 incorporating the omission. RECOMMENDATION: That the City Council adopt the Ordinance amending Ordinance 2546, that section of one modification to the Specific Plan was omitted as indicated below. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The City's Local Coastal Program Amendment No.8, comprising the Land Use Plan and Specific Plan, was submitted to the Coastal Commission in December 1992, following City Council action authorizing the submittal. A public hearing was scheduled before the California Coastal Commission in mid-January 1993. Coastal Commission staff reviewed the City's submittal and proposed 12 modifications to the Land Use Plan and 14 corresponding modifications to the Specific Plan. The proposed amendments dealt with issues concerning the following: o Height of buildings, o Phasing of development, o Location of the Cultural Arts Center, o Development Agreement, 7-/ Page 2, Item ? Meeting Date 05/11/93 o Permitted Land Uses, o Landscaping Requirements, o Shared Parking and Parking for the Nature Interpretive Center, Parks, and o Provision of a Habitat Restoration Management Plan and Biological Resources Management Plan (both will require LCP Amendments). Following negotiations between City and Coastal Commission staff concerning Coastal Commission staff's recommendations, agreements were reached on most of the items which were acceptable to City staff and consultants. However, Coastal Commission staff still required major reduction in height of buildings and relocation of the Cultural Arts Center to the east of Marina Parkway. At the public hearing on January 15, 1993 the California Coastal Commission approved LCP No. 8 as submitted by the City of Chula Vista including the proposed heights of buildings and location of the Cultural Arts Center west of Marina Parkway. They also approved the modifications to other items which were negotiated and acceptable to both Coastal Commission staff and City staff and consultants. The modifications to the Land Use Plan and Specific Plan as approved by the California Coastal Commission were submitted to the Agency and Council, respectively, for adoption on March 16, 1993. However, in Section 5, Environmental Management Program, a minor portion of the text was inadvertently omitted as indicated below. 5. Environmental Management Program. The following new Section "F" shall be included in the Specific Plan as follows: [Chapter VI. Environmental Management Program; F. Additional Diking, Dredging or Filling of Wetland Areas, page VI-12] (~.!~~';';!I,I~lg:WI!~~Rln1~fi~l) Diking, dredging or filling of wetland areas consistent with the provisions of this environmental management plan shall be limited to the specific projects incorporated into this plan for the creation. of new or. enhanced wetlands areasi M<<lmt"i?r'tfilll<<~m~llH~r!~;[<<~,l<<lil~jl~ri!t~:~~?I<<r<<~iff~gjgYi!<<4.)!. Mitigation for all disturbance of wetland areas shall be provided at the ration of 4: 1 of new wetland areas created to areas disturbed. No other diking, dredging or filling of wetlands or other wet environmentally sensitive habitat areas shall be permitted without prior Coastal Commission approval through the Local Coastal Program amendment process. The section in the first sentence which is highlighted was omitted. The remainder of the section was adopted as part of Ordinance 2546 on March 16, 1993. The City Council is requested to adopt this Ordinance to amend Ordinance 2546 to include the complete sentence at the request of Coastal Commission staff. FISCAL IMPACT: The Midbayfront project as proposed will provide total development approximating $0.5 billion. This development will provide substantial property tax increments, 7'~ \ Page 3, Item Meeting Date 05/11/93 7 sales tax, and transient occupancy tax to the City and Redevelopment Agency. The amount of revenue to be provided by this project has been estimated by Williams-Kuebelbeck and Associates, Inc., the Agency's economic consultant, at approximately $84.4 million in Net Present Value over the life of the project. This figure does not include any Agency or City financial contributions to subsidize this project. In addition, the project will provide a variety of job opportunities both during construction and after completion. [C:IWP51ICOUNCILIl13SICCC-MOD2.113) 7-3/7-'1 ORDINANCE ~.s-5(, AN ORDINANCE OF THE CITY OF CHULA VISTA AMENDING EXHIBIT A OF ORDINANCE NUMBER 2546 OF THE CITY OF CHULA VISTA ADOPTING CALIFORNIA COASTAL COMMISSION'S JANUARY 15, 1993 ACTIONS ON THE CITY OF CHULA VISTA LOCAL COASTAL PROGRAM RESUBMITTAL NUMBER 8 AND ACCEPTING AND INCORPORATING MODIFICATIONS TO THE SPECIFIC PLAN WHEREAS, the City staff and consultants prepared Local Coastal Program Resubmittal Number 8, comprising the Land Use Plan and Specific Plan, for submittal to the City Council of the City of Chula Vista ("Council") and California Coastal Commission for consideration; and WHEREAS, the Council adopted Ordinance Number 2532 on October 27, 1993 Adopting, on Conditions, the Bayfront Specific Plan, recertifying the Final Environmental Impact Report on the Midbayfront Local Coastal Program Resubmittal Number 8 Amendment and Addendum thereto, Re-adopting the Mitigation Monitoring Program and Statement of Overriding Considerations for the Specific Plan; and WHEREAS, the Local Coastal Program Resubmittal Number 8 was subsequently submitted to the California Coastal Commission ("Coastal Commission") for review, public hearing, and action; and WHEREAS, on January 15, 1993 the Coastal Commission reviewed Local Coastal Program Resubmittal Number 8, held the public hearing, and approved Local Coastal Program Resubmittal Number 8 with minor modifications thereto, attached hereto as Exhibit A; and WHEREAS, on March 16, 1993 the Council adopted Ordinance 2546 amending Ordinance 2532 by adopting California Coastal Commission's January 15, 1993 actions on Local Coastal Program Resubmittal Number 8 and accepted and incorporated modifications to the Specific Plan; and WHEREAS, it has been determined that there was an omission to the Coastal Commission Modification #5, Environmental Management Program, (Exhibit A to Ordinance 2546) which added Section "F" to Chapter VI of the Specific Plan which can be corrected by a minor modification to Ordinance 2546; and WHEREAS, acceptance of minor modifications does not create the potential for significant environmental impacts, and a California Environmental Quality Act exemption will be filed upon the City's acceptance of modifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHULA VISTA does hereby ordain that City of Chula Vista Ordinance Number 2546 is hereby ?-5' ORDINANCE 2XXX Page 2 amended by incorporating into the Bayfront Specific Plan thereby adopted the proposed modifications to Exhibit A thereto as described in Attachment 1 hereto, as through fully incorporated herein. Submitted by Approved by Chris Salomone Community Development Director Bruce M. Boogaard City Attorney C:IWP51ICOUNCILIRESOSICCC-MOD2.0RD] 7-1, ORDINANCE 2XXX Page 3 Attachment 1 Amendment to Attachment A of Ordinance 2546 of the City of Chula Vista Adopting California Coastal Commission's January 15, 1993 Actions on the City of Chula Vista's Local Coastal Program Resubmittal Number 8 and Accepting and Incorporating Modifications to the Specific Plan TEXT 5. Environmental Management Program. The following new Section "F" shall be included, as follows: [Chapter VI. Environmental Management Program: F. Additional Diking. Dredging or Filling of Wetland Areas. pae:e VI-12] Diking, dredging or filling of wetland areas consistent with the provisions of this environmental management plan shall be limited to the sp<:<:i.ficpr()j~ts.iI1c()rp()~t~il1t().t~ispl~f()rthe ~:~,~?~?!?~~~:~?,?~~~ wetlands areas, ~glm!qqn,ltt~li<<{<<!tiq~li!!\l'fj!lit!!~~III9.!~ l'n. '4$Utt~m;#4mtit$tf#t. Miti ation for all disturbance of wetland areas shall be rovided ........."..........................................11\ g p aiihe ratlono{4:To{newwetland areas created to ares disturbed. No other diking, dredging or filling of wetlands or other wet environmentally sensitive habitat areas shall be permitted without prior Coastal Commission approval through the Local Coastal Program amendment process. rn~~:tixt:~g~t~lp~~i~q~il!1~~~!lp~i was erroneously omitted by City staff in transcribing Coastal Commission actions of January 15, 1993 and is required to be included in Ordinance 2546. ?-7 \ 1-0 , ITEM NUMBER: B RESOLUTION NUMBER: 1'1/IJO ORDINANCE NUMBER: OTHER: ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM . DATE: (AGENDA PACKET SCANNED AT ABOVE DATE) J-4/-- 93 ITEM NUMBER REFERENCED ABOVE HAS BEEN CONTINUED TO DATE: MISCELLANEOUS INFORMATION: 8-1 ITEM NUMBER: q RESOLUTION NUMBER: J '1tJ 9.3 ORDINANCE NUMBER: OTHER: ITEM NUMBER REFERENCED ABOVE WAS CONTINUED FROM .5-~-q3 DATE: (AGENDA PACKET SCANNED AT ABOVE DATE) ITEM NUMBER REFERENCED ABOVE HAS BEEN CONTINUED TO DATE: MISCELLANEOUS INFORMATION: 'I-I \ ~ COUNCIL AGENDA STATEMENT SUBMITIED BY: Item ~9 Meeting Date~'J RESOLUTION J '/ () 93TranSferring $2,500 of unused CDBG funds from various sub-grantees to the Lutheran Social Services of California for the "Thursday's Meal" program Community Development Director C. . S . City Manager.J:s. ~ ~\ - 0 (4/5ths Vote: YES _ NO .L) ITEM TITLE: REVIEWED BY: BACKGROUND: In July 1991, Lutheran Social Services and the South Bay Ecumenical Council began a weekly meal program for homeless people. The "Thursday's Meal" program currently serves 200 people, half of whom are children. The committee overseeing the program has recently expanded to serve meals on Mondays at the Presbyterian Church. Lutheran Social Services has sent the City Council a letter (see attached) requesting $2,500 to cover the cost of utilities, maintenance, and insurance. This is a one-time request and immediately needed due to the rapid growth of the program. Unused CDBG social services funds are available from various sub-grantees. RECOMMEI\'DATION: That the City Council adopt the resolution transferring $2,500 of CDBG funds from various sub-grantees to the Lutheran Social Services of California for the "Thursday's Meal" program BOARDS/COMMISSIONS RECOMMEl\'DA nONS: Not applicable. DISCUSSION: The Thursday's Meal program was started by the South Bay Ecumenical Council, Lutheran Social Services, and Chula Vista Human Services Council in July 1992. The purpose of the program is to provide a weekly dinner meal, prepared and served by local church groups, to homeless and needy families and individuals. The program is coordinated by Lutheran Social Services and an ad-hoc committee of volunteers from various churches. Fay and Jerry Needle of the Grandmothers Club provide on-site management and also pick-up food donations. To date, over 500 volunteers from more than twenty religious organizations have prepared and served meals. At the first meal served last July, a dozen people were served; currently, about 200 people are served each Thursday. The committee has recently added a Monday dinner meal, which is prepared and served at the Presbyterian Church on Hilltop Street. Due to the unexpectedly large response to the Thursday's Meal program, Lutheran Social Services is making a one-time request for $2,500 of CDBG funds. Although the facility spaces are provided without charge to the program, the SalvationArrny and Presbyterian Church are charging $15 per use for the cost of utilities and maintenance. In addition, Lutheran Social Services must purchase paper products, plastic utensils, coffee, and cleaning supplies. p.-r?-/ Page 2, Ite~.J Meeting Date 7/ ~ J The ad-hoc committee is raising funds from the community to cover these expenses in the future, as well as to expand the program to another night. However, the rapid growth of the program has created an immediate need for the funds requested. Unused CDBG social service funds are available from previous years. Several sub-grantees did not use up their entire allocation, leaving amounts ranging from $200 to $1000. FlSCAL IMPACT: There is no impact to the general fund. The CDBG funds to be transferred were allocated to sub-grantees in previous years but remain unexpended. The funds are from the following accounts: Jobs For Youth Otay Comm. Clinic Project Hand Sweetwater UHSD Shared Housing TOTAL 647-647l-BG222 647-647l-BG237 647-6471-BG239 647-647l-BG249 647-647l-BG228 $ 1,036 767 282 200 215 $ 2,500 ~9':;" RESOLUTION 17P9 :J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA TRANSFERRING $2,500 OF UNUSED CDBG FUNDS FROM VARIOUS SUB- GRANTEES TO THE LUTHERAN SOCIAL SERVICES OF CALIFORNIA FOR THE "THURSDAY'S MEAL" PROGRAM WHEREAS, the City participates in the Community Development Block Grant (CDBG) Program, a principal goal of which is to fund programs and services which will benefit low and moderate-income Chula Vista households; and, WHEREAS, the South Bay Ecumenical Council, Chula Vista Human Services Council, and Lutheran Social Services have established a home repair. program for senior citizens; and, WHEREAS, the City is desirous of having those certain services for the benefit of low income households, hereinafter enumerated, performed by the Grantee, and WHEREAS, CDBG funds are available for reappropriation from completed projects; and, NOW, THEREFORE, TIlE CITY OF CHULA VISTA DOES HEREBY F'IJ\'D, DETERMIl\'E ORDER, AND RESOLVE AS FOLLOWS: . . SECTION 1. The City Council transfers $2,500 from the following accounts to Lutheran Social Services of Southern California for the Thursday's Meal Program (a new project): Jobs For Youth Otay Comm. Clinic Project Hand Sweetwater UHSD Shared Housing TOTAL 647-6471-BG222 647-6471-BG237 647-6471-BG239 647-6471-BG249 647-6471-BG228 $ 1,036 767 282 200 215 $ 2,500 SECTION n. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION m. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. ~ &)--3 Resolution Page 2 Presented by: ce M. Boogaar City Attorney Chris Salomone Community Development Director (DHARRIS:DISK-93-4ILSS2.RESJ ~ ~-'I , "" ~ ~.. ;;~ ; ~ 6!l'.'~ ~~ , 2 ~~ ,,~ tnr- - -. ol> < ~:z ~ ITl Lutheran Socia/Services of Southern CiiMomia 0 March 25, 1993 Mayor Tim Nader and The City Council of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 Dear Mayor and Council Members: !" -~"" - ,". Lutheran Social Services has been sponsoring a weekly congregate meal program at the Salvation Army facilities (648 Third Avenue) since July of 1992. By the end of February we had served 3,302 people, 1.363 of whom were children I Most of these people are the working poor of the South Bay. with the number of homeless growing. " I am proud to say that this meal is served by congregations and organiza- tions from all over San Diego County. To date a total of 539 volunteers have generously given 1.499 hours of their time towards this effort. -- Due to the growing numbers of those in need we will begin offering another weekly meal on Monday, March 22, at Chula Vista PresbyterianChurch. The volunteers are in place for months in advance. and we expect those we serve will be comparable in size to our meal on Thursday. Before the end of the year oc.r yoal is to ad<i yel anotnel COlIgr&gS\6 ,eltOol on esither Tuesday UI Wednesday evening. Currently we pay $15 per week at each site for utility and maintenance fees. Over the course of a year these costs total $1.560. We also purchase annually another $2.000 in paper products. utensils. coffee, and cleaning supplies. Lutheran Social Services charges a nominal fee of $500 annually for providing liability insurance. bookkeeping and program management. (,0 ....,. .,." Though proceeds of $500 are anticipated from congregational gifts a yet unknown percentage will be received from the Crop Walk. we financial need of $2,500. " Mayor and Council Page Two March 25, 1993 On behalf of this program we are asking the City of Chula Vista for $2.500 - from CDSG funds to help meet current expenses and to expand this program to one more night before the end of 1993. Next year we calculate our financial need to be substantially less, since our financial resources base is growing slowly and steadily. This program serves a nutritious meal to mostly low-income families in Chula Vista. The bulk of this meal is provided and served by volunteers. It is a real need in the community and, therefore, I believe it is worthy of your consideration. Please feol welcome to spend an evening with us and see first-hand this wonderful cooperative effort. Perhaps the City Council would like to put together a meal and serve itl would be pleased to help you do that, if your time permits. Thank you for your consideration in these matters. I have appreciated your support in the past. I look forward to hearing from you soon. Respectfully, . -<$ Jp.. J~'<2 ~tt JJlnki~s Area Director for San Diego County J:J $ ,-? COUNCIL AGENDA STATEMENT Item III Meeting Date 5/11/93 REVIEWED BY: Resolution J 71 ,,->a:epting settlements from TransAmerica Insurance Group and FEMA for damaged carpeting and loss of tools at the Chula Vista Nature Interpretive Center and appropriating those funds for immediate replacement. Executive Director, Bayfront Conservancy Trust ~ City Manager ~~ f (, ITEM TITLE: SUBMITIED BY: (4/5ths Vote: YeslNo-> During the January, 1993 storms, the carpeting at Chula Vista Nature Interpretive Center was welled repeatedly and ruined. On March 14, 1993, the shop at the Chula Vista Nature Interpretive Center was burglarized and almost all of the hand and power tools were stolen. Claims were filed with both the insurer, TransAmerica Insurance Group and the Federal Emergency Management Agency (FEMA). RECOMMENDATION: That the Council accept the insurance settlements and the FEMA reimbursement and appropriate those funds for replacement of the respective items. BOARD/COMMISSION RECOMMENDATION: None. DISCUSSION: During the January, 1993 storms, the carpeting at Chula Vista Nature Interpretive Center was wetted repeatedly and ruined. Claims were filed with both the insurer, TransAmerica Insurance Group and the Federal Emergency Management (FEMA). The total amount of the claim was $10,636.36. We have received a settlement of $9,193.34 from the Insurer and FEMA will be paying our $1,000 deductible and $400 of the loss not covered by insurance. On March 14, 1993, the shop at the Chula Vista Nature Interpretive Center was burglarized and almost all of the hand and power tools were stolen. The total value of the stolen tools was $5,403.80. We have received a settlement of $4,403.80 from the Insurer to replace the stolen tools. FISCAL IMP ACT: A total of $13,597.14 has been received from TransAmerica Insurance replace the tools and carpet and FEMA has approved a reimbursement of $1,400 to pay the deductible and balance of the loss. The balance of $43.02 will come from this year's budget (Account # 415-4150-5362, Materials to Maintain Buildings). These reimbursements total $14,997.14 and they will be appropriated into fund 415-4150. The distribution of the appropriation is: $10,593.34 to account #415-4150-5362 (Materials to Maintain Buildings) and $4403.80 to account #415-4150-5341 (Small Tools). /()-/ RESOLUTION NO. 17 J IJf RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING SETTLEMENTS FROM TRANSAMERICA INSURANCE GROUP AND FEMA FOR DAMAGED CARPETING AND LOSS OF TOOLS AT THE CHULA VISTA NATURE INTERPRETIVE CENTER AND APPROPRIATING THOSE FUNDS FOR IMMEDIATE REPLACEMENT WHEREAS, during the January, 1993 storms, the carpeting at Chula vista Nature Interpretive Center was wetted repeatedly and ruined; and WHEREAS, on March 14, 1993, the shop at the Chula vista Nature Interpretive Center wad burglarized and almost all of the hand and power tools were stolen; and WHEREAS, claims were filed with both the insurer, TransAmerica Insurance Group and the Federal Emergency Management (FEMA); and WHEREAS, a total ($13,597.14 from TransAmerica tools and carpet. of $14,997.14 has been received and $1,400 from FEMA) to replace the NOW, THEREFORE, BE IT RESOLVED that the city Council of the ci ty of Chula vista does hereby accept settlements from TransAmerica Insurance Group and FEMA for damaged carpeting and loss of tools at the Chula vista Nature Interpretive Center and appropriates $10,593.34 into Account 415-4150-5362, (Materials to Maintain Buildings) and $4,403.80 into Account 415-4150-5341 (Small Tools) . Stephen Neudecker, Executive Director Bruce M. Attorney Presented by F:\home\attomey\NICclaim.ins If) -J.. COUNCIL AGENDA STATEMENT Item II SUBMITTED BY: Meeting Date 5/11/93 Resolution J 7 /tJ~ranting the 1993 Richard Welsh Memorial Award to the Rohr Office Building located at 800 Lagoon Drive within the Bayfront Redevelopment Area J //l fJ,/)6~+ Director of Planning 'r 1- ~ City Manager j}jL. (4/5ths Vote: Yes_No_XJ ITEM TITLE: REVIEWED BY: BACKGROUND: For the past 20 years, the City of Chula Vista and the Chula Vista Chamber have sponsored the annual Beautification Awards Program. The Beautification Awards Committee, which is composed of members of the Chamber of Commerce, City Council, Planning Commission, Design Review Committee, and City staff, reviews projects completed during the previous year, visits the different project sites, and grants the beautification awards and honorable mentions to those projects which in the Committee's opinion have contributed significantly to the beautification of our community. On September 20, 1988, the City Council created the Richard Welsh Memorial Award in memory of Mr. Richard Welsh, a long-time resident of the city and former member of the Design Review Committee. The award is intended to recognize, among other things, superior building function and design, as well as unique characteristics which best exemplify the builder's commitment to beautify our community.This year the Beautification Awards Committee and the Design review Committee have nominated the Rohr Office Complex, located on the south side of Lagoon Drive just west of Bay Boulevard (800 Lagoon Drive) to receive this year's Richard Welsh Memorial Award. RECOMMENDATION: That Council adopt the resolution granting the 1993 Richard Welsh Memorial Award to the Rohr Office Complex located at 800 Lagoon Drive and authorize the Mayor to present the award to the recipient at the annual Beautification Awards Banquet that this year will take place at the San Diego Country Club on May 20, 1993. BOARDS/COMMISSIONS RECOMMENDATION: On March 11, 1993, the Beautification Awards Committee approved the nomination of the Rohr Office Complex for the 1993 Richard Welsh Memorial Award, and on April 19, 1993, the Design Review Committee endorsed the Beautification Awards Committee nomination. 11-/ Page 2, Item Meeting Date II 5/11/93 DISCUSSION: The project site is located on the south side of Lagoon Drive (west extension of F Street) and approximately 400 feet west of Bay Boulevard within the Mid-Bayfront Specific Planning Area and Bayfront Redevelopment Project Area. The project consists of a 245,000 sq. ft. three-story office building with a combination of surface and underground parking facilities and an extensive landscaping program. The elongated office building is sited along the western edge of the parcel, immediately adjacent to a protected marsh area. The building location serves as a buffer to protect the marsh from the noise, light and other on site activities. In addition, the building allows spectacular views of the environmental preserve from the lounge and patio terrace. The Beautification Awards Committee based their nomination on the excellent adaptation of the project to an environmentally sensitive site and the excellent functional qualities of the site and building. The linear nature of the building design allows the interior building function to be simple and very efficient. FISCAL IMPACT: The cost of the Richard Welsh Memorial Award Plaque is estimated to be approximately $300. The funds have been budgeted in the City Council Account (100-105-5222). II';" RESOLUTION NO. 1'11tJl, A RESOLUTION OF THE CITY OF CHULA VISTA CITY COUNCIL GRANTING THE 1993 RICHARD WELSH MEMORIAL AWARD TO THE ROHR OFFICE COMPLEX LOCATED AT 800 LAGOON DRIVE WHEREAS, on September 20, 1988, the City Council created the Richard Welsh Memorial Award to recognize those projects that have, among other things, superior building functions and design as well as unique characteristics that best exemplify the builder's commitment to beautify our community; and WHEREAS, the Beautification Awards Committee held its annual meeting on March 11,1993 and voted nominated the Rohr Office Complex to receive the 1993 Richard Welsh Memorial Award based upon the excellent adaptation of the project to the environmentally sensitive site and the excellent functional qualities of the site and building; and WHEREAS, the Design Review Committee held a special meeting on April 19, 1993 and voted to recommend that the City Council grant the 1993 Richard Welsh Memorial Award to the Rohr office complex located at 800 Lagoon Drive. NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL hereby grants the 1993 Richard Welsh Memorial Award to the Rohr office complex located at 800 Lagoon drive and authorizes the Mayor to present the award to the recipient at the annual Beautification Awards Banquet to be held at the San Diego Country CIon May 20, 1993. ~ to 'r ruce M. Boogaard City Attorney Robert A. Leiter Director of Planning Presented by (f: \home\p1anning\rwma.ccr) //...3 DESIGN REVIEW COMMITTEE MINUTES //'5 . MINUTES OF A SPECIAL MEETING OF THE DESIGN REVIEW COMMITTEE Monday. Aori119. 1993 4:30 p.m. Conference Rooms 2 and 3 A. ROLL CALL MEMBERS PRESENT: Chair Gilman, Members Spethman, and Rodriguez MEMBERS ABSENT: Members Bernier, without notification STAFF PRESENT: Associate Planner Luis Hernandez Senior Planner Patrick Crowley Principal Planner Steve Griffin Assistant Planner Amy Wolfe B. APPROVAL OF MINUTES Approval of the March 22, 1993 minutes was continued to the next meeting. C. PRESENTATION Richard Welsh Memorial Award Nomination 860 Lagoon Drive Rohr Office Building Staff Presentation Associate Planner Luis Hernandez reviewed the background of the Beautification A wards Program, which is sponsored on a yearly basis by the Chula Vista Chamber of Commerce. He reminded the committee that in 1988 the City Council created the Richard Welsh Memorial Award, which is intended to recognize superior building function and design as well as unique characteristics which exemplify a commitment to beautify the community. He added that the embellishment of the community is not necessarily solely architectural, but may result also from the overall quality of a project. Mr. Hernandez stated that the Rohr Office Building had been nominated this year to receive the Richard Welsh Memorial Award, noting that the nomination was based primarily on the adaptation of both the use and the building to the project site. He pointed out the various project features using a model of the of the building as well as slides of the constructed building and site, and reviewed various revisions that had been made to the original proposal to arrive at the final approved project. Site constraints, including environmentally sensitive aspects, were also discussed. Mr. Hernandez added that the project architect had worked hard to comply with regulations, adapt the building to its surroundings, and satisfy the financial needs of the owners. II~~ ,- , DESIGN REVIEW COMMITTEE -2- APRIL 19. 1993 Committee Discussion Chair Gilman stated that the committee needed to decide if this project represents superior function and design as well as displaying unique characteristics. Members discussed the intent of the award, and whether the emphasis was meant to be on architectural superiority. Mr. Hernandez reiterated that the award was not solely architectural, but encompassed other project considerations. Member Spethman felt that the architect had gone far in working with site constraints, but questioned whether the architecture merited the award. Member Rodriguez concurred that the project did not constitute superior architecture; Chair Gilman pointed out that this award can recognize outstanding function. Members discussed the various aspects of the Rohr project, and agreed upon the recognition of the project's function and adaptation to the site. MSUC (Gilman/Flach) (4-0) to accept the nomination of the Rohr Office Building for the Richard Welsh Memorial Award, recognizing the owners' commitment and effort to beautifying the community. D. STAFF COMMENTS Mr. Hernandez gave a slide presentation reviewing each category of 1993 Beautification Award wmners. G. ADJOURNMENT The meeting was adjourned at 5: 18 p.m. 11lt~\ 1~Q\f U'l,.!J Pat~Nevins, Recorder 11-7 COUNCIL AGENDA STATEMENT SUBMITTED BY: Item I J.. Meeting Date 5/11/93 Resolution 171 ~ 7 Approving Supplemental Parcel Map Improvement Agreement with the San Diego National Sports Training Foundation and authorizing the Mayor to execute same i' Director of Public Works f7 Director of Parks and Rec eati~ City Manager~~~(, (4/5ths Vote: Yes_NoX) On May I, 1990, by Resolution No. 15599, Council approved the Specific Planning Area Plan (SPA Plan) for the Olympic Training Center (OTC). Condition of Approval No. I of the SPA Plan required the developer to provide a recreational trail, bike path and related landscaping and improvements adjacent to Wueste Road. The Supplemental Agreement will provide for the future maintenance of said improvements and for the future transfer of property rights to the underlying land by the San Diego National Sports Training Foundation (SDNSTF) to the City. ITEM TITLE: REVIEWED BY: RECOMMENDATION: That Council approve the resolution. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The developer has prepared landscape and improvement plans for Wueste Road in compliance with the requirements for improvements outlined in the conditions of approval for the SPA Plan. This agreement addresses the inclusion of the landscaping and separate meandering pedestrian and bike paths along the westerly side of Wueste Road in an open space district. When constructed, the meandering paths will be located within the public right-of-way as well as within the SDNSTF property. The supplemental agreement provides that within 60 days of completion of the improvements, the SDNSTF shall grant fee title to that portion of the property to be included in an open space district. If the SDNSTF does not own the property, SDNSTF will obtain an easement from the owner in favor of the City. At such time as fee title is acquired by the SDNSTF, the property will be conveyed to the City. The agreement also requires SDNSTF to submit a list of items to be included in the open space district, a preliminary estimate for maintenance costs and a deposit to cover City staff costs. The City will amend the EastLake I Open Space Assessment District to incorporate the new improvements to be maintained. Since the subject property is currently the only property within Zone C of the said open space district, initially the entire cost of maintenance will be borne by the SDNSTF. It is anticipated that when the EastLake III commercial property is developed, those parcels, along with any improvements, will be annexed to Zone C of the open space district and maintenance costs will then be assessed to said property as well. The Directors of the Public Works and Parks and Recreation Departments have reviewed the Supplemental Parcel Map Improvement Agreement and found it satisfactory. FISCAL IMPACT: None, all processing and administrative costs will be reimbursed to the City by the developer. WPC F:\HOME\ENGINEER\AGENDA\STNSTF.AGM 050593 /~-I RESOLUTION NO. 1?/tJ7 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING SUPPLEMENTAL PARCEL MAP IMPROVEMENT AGREEMENT WITH THE SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, on May 1, 1990, by Resolution No. 15599, Council approved the Specific Planning Area Plan (SPA Plan) for the Olympic Training Center (OTC); and WHEREAS, Condition of Approval No. 1 of the SPA Plan required the developer to provide a recreational trail, bike path and related landscaping and improvements adjacent to Wueste Road; and WHEREAS, the Supplemental Agreement will provide for the future maintenance of said improvements and for the future transfer of property rights to the underlying land by the San Diego National sports Training Foundation (SDNSTF) to the city. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby approve Supplemental Parcel Map Improvement Agreement with the San Diego National Sports Foundation, 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. John P. Lippitt, Director of Public Works Approved as to form by B=C~B~~"~ Attorney Presented by F:\home\attorney\864.93 I~-)... RECORDING REQUESTED BY: ) ) City of Chula vista ) ) WHEN RECORDED MAIL TO: ) ) City of Chula vista ) 276 Fourth Avenue ) Chula vista, CA 92010 ) 1- space Above For Recorder's Use SUPPLEMENTAL PARCEL MAP IMPROVEMENT AGREEMENT This SUPPleme~~ Parcel Map Improvement Agreement is made and entered into this day of Mffj' , 1993 by and between the city of Chula Vista, a municipal corporation ("city") and San Diego National Sports Training Foundation, a California non-profit corporation ("Owner") with reference to the following recitals: WHEREAS, Owner owns a leasehold interest and will eventually own fee interest in the real property located in the City of Chula vista and described as Parcell, Map No. 16318 filed in the Office of the county Recorder 'of San Diego County on December 6, 1990 (the "Property"); WHEREAS, city, in approving Resolution No. 15599 on May 1, 1990, approving the Specific Planning Area Plan ("SPA Plan") for the Property required, as a condition ("Condition NO.1") that the Owner provide certain improvements adjacent to Wueste Road, including without limitation, walking trails, bike path and related landscaping and improvements (collectively referred to herein as "Wueste Road Improvements"); WHEREAS, in order to meet the alignment requirements of the City, the Wueste Road Improvements will be located on the Property as well as on the property owned by the City; WHEREAS, the parties desire the Wueste Road Improvements to eventually be owned and maintained by the City through an assessment district. WHEREAS, the parties desire to provide for the installation of the Wueste Road Improvements and the establishment of an assessment district for their maintenance. NOW, THEREFORE, IT IS AGREED between the parties that: 1. Construction of Wueste Road Improvements. The Owner may commence and complete construction and installation of the Wueste Road Improvements in accordance with those certain plans approved by City and described as follows:Wueste Road/E. Orange Avenue, /,1. .. :J Drawing Nos. 91-116 through 91-122. 2. Assessment District. 2.1 upon such date that the city has completed an amendment to the Eastlake I Open Space Assessment District described in Paragraph 2.2 below, but not later than sixty (60) days after completion of the installation and construction of the Wueste Road Improvements, Owner shall convey to City by grant deed, if Owner owns fee title, or if Owner does not own fee title, shall cause to be conveyed an easement, to that portion of the Property which contains the Wueste Road Improvements as such property is more particularly described in Exhibit A attached hereto ("Improved Property"). At such time that Owner obtains fee title to the Improved property, Owner shall convey fee title by grant deed to the city. 2.2 City agrees that it shall amend the Eastlake I open Space Assessment District for the maintenance of the Improved Property. Owner agrees that within thirty (30) days of the date of this Agreement it shall submit to City the associated diagram, a list of open space items to be maintained and a rough estimate of maintenance cost, and a deposit of $1,500 for processing the amendment to the Eastlake I Open Space Assessment District. 2.3 ci ty agrees that ini tially the entire cost of maintenance of the Improved Property will be spread only to the Property owned by Owner for the Olympic Training Center which will be Phase 1, however, at such later date when the commercial property known as "Eastlake III" is constructed, the city shall cause to be added such commercial real property to be assessed in said assessment district. 3. General Provisions. (a) Each party shall cooperate with one another, including the execution of other reasonable documents, to carry out the purpose and intent. of the parties and the terms of this Agreement. (b) This Agreement may be recorded by the City after full execution hereof. (c) The covenants contained in this Agreement are covenants running with the land and are for the mutual benefit of both parties hereto. Successive owners of the Property are expressly bound hereby. This Agreement shall bind and inure to the benefit of the respective heirs, general representatives, successors and assigns of the parties hereto. (d) All notices, demands and other communications given hereunder shall be in writing and shall be deemed to have been I,}. "f duly given upon personal delivery, as of the third day after mailing if mailed by united states, postage prepaid, addressed as follows: If to Owner: David M. Armstrong Executive Vice President San Diego National Sports Training Foundation 1650 Hotel Circle North, Suite 125 San Diego, California 92108 If to City: City of Chula vista 276 4th Avenue Chula Vista, CA (e) In the event that suit is instituted to enforce the provisions of this Agreement the prevailing party shall be entitled to recover reasonable attorneys' fees and costs from the other party. (f) No modifications, waiver, amendment, discharge or change of this Agreement shall be valid unless the same is in writing and executed by both parties. (g) If any term, provision or Agreement shall b~ found to be invalid remaining terms, provisions and nevertheless, remain in full force and condition of this or unenforceable, the conditions shall, effect. CITY OF CHULA VISTA SAN DIEGO NATIONAL SPORTS TRAINING /~;~, Executive Vice President Mayor of the City of Chula vista ATTEST: by: C:\wp\wpdata\b;ke.otc Apr; l 30, 1993 -3- /~'f' /,1-.1,;, state of California ) County of San Diego ) On May 3, 1993 before me, a notary public in and for said state, personally appeared David H. Armstrong , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/ she/they executed the same in his/her/their authorized capacity (ies) , and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my h~d.official seal~ Signature ~~~~~ " -- CYNTHlAG. ALCNfTAM 1IIIIIIr1llllC. CMIlWM SM/lEllOCOUHIY '" CamI. &pia Oct.!' 1994 CAPACITY CLAIMED BY SIGNER: INDIVIDUAL x CORPORATE (TITLE) PARTNER(S) OFFICER (S) Executive Vice President (TITLE) ATTORNEY-IN-FACT TRUSTEE(S) SUBSCRIBING WITNESS GUARDIAN/CONSERVATOR OTHER: SIGNER :IS REPRESENTING: (NAME OF PERSONS (S) OR ENTITY (S) ) San Diego National Sports Training Foundation Title or Type of Document Number of Pages 3 Signer(s) Other Than Named Supplemental Parcel Map Improvement Agreement Date of Document --1!ay 3. 1993 Above 1.2"'~ EXHIBIT "A" IMPROVED PROPERTY BIKE PATH AND LANDSCAPE MAINTENANCE EASEMENTS Those portions of Parcell of Parcel Map 16318 in the City of Chula Vista, county of San Diego, State of California, said portions more particularly described as follows: PARCEL "A" Beginning at the most Southerly corner of said Parcell, being a point on the arc of a 550.00 foot radius curve concave Easterly, a radial line to said point bears South 89027'37" West; thence Northerly along said curve and the Westerly Right-of-way of Wueste Road as shown on said Parcel Map through a central angle of 15015'15" an arc distance of 146.43 feet to the to the TRUE POINT OF BEGINNING; thence leaving said curve and said Right-of-way along a non-tangent line North 14004'36" East 268.85 feet to the beginning of a tangent 107.00 foot radius curve concave Southeasterly; thence Northeasterly along said curve through a central angle of 39024'00" an arc distance of 73.58 feet; thence tangent to said curve North 53028'36" East 82.66 feet to the beginning of a tangent 150.00 foot radius curve concave Northwesterly; thence Northeasterly along said curve through a central angle of 14050'02" an arc distance of 38.84 feet to a point on the Westerly Right-of-way of said Wueste Road; thence along said Westerly Right-of-way South 28053'09" West 309.31 feet to the beginning of a tangent 550.00 foot radius curve concave Southeasterly; thence southwesterly along said curve and said Right-of-way through a central angle of 14010'17" an arc distance of 136.04 feet to the to the TRUE POINT OF BEGINNING. Containing 0.263 Acres. PARCEL "B" Beginning at the most Southerly corner of said Parcell, being a point on the arc of a 550.00 foot radius curve concave Easterly, a radial line to said point bears South 89027'37" West; thence Northerly along said line and the Westerly Right-of-way of Wueste Road as shown on said Parcel Map through a central angle of 29025'32" an arc distance of 282.47 feet; thence tangent to said curve North 28053'09" East 517.05 feet to the to the TRUE POINT OF BEGINNING; thence leaving said Right-of-way North 18019'13" East 145.05 feet to the beginning of a tangent 193.00 foot radius curve concave Westerly; thence Northerly along the arc of said curve through a central angle of 58046'57" a distance of 198.01 feet; thence tangent to said curve North 40027'44" West 129.58 feet; thence North 15058'44" West 39.56 feet; thence North 01019'30" West 151.75 feet to the beginning of a tangent 157.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 15057'27" a distance of 43.73 1~'7 feet; thence tangent to said curve North 14037'57" East 166.50 feet to the beginning of a tangent 167.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 13003'54" a distance of 38.08 feet to the beginning of a compound 120.00 foot radius curve concave Southeasterly; thence Northeasterly along the arc of said curve through a central angle of 46043'51" a distance of 97.87 feet; thence tangent to said curve North 74025'42" East 46.88 feet; thence South 88038'55" East 80.00 feet; thence South 74019'46" East 130.00 feet; thence South 77045'47" East 166.36 feet; thence North 88004'05" East 90.00 feet; thence North 67011'02" East 108.00 feet; thence North 54005'58" East 117.30 feet; thence North 34053'24" East 48.84 feet; thence North 45010'42" East 196.06 feet; thence North 34032'46" East 80.00 feet; thence North 18047'19" East 74.00 feet; thence North 04049'29" East 53.00 feet; thence North 03007'40" West 58.00 feet; thence North 13'57"15" West 81.00 feet to the beginning of a tangent 131.00 foot radius curve concave Southwesterly; thence Northwesterly along the arc of said curve through a central angle of 52010'41" a distance of 119.30 feet; thence tangent to said curve North 66007'56" West 81.15 feet; thence North 55001'06" West 30.30 feet; thence North 43007'19" West 76.80 feet; thence North 46010'10" West 141.67 feet; thence North 19023'05" West 96.29 feet; thence North 49'46'30" West 48.00 feet; thence North 40013'30:' East 4.00 feet to a point on said Westerly Right-of-way; thence along said Westerly Right-of-way the following courses South 49"46'30" East 452.68 feet to the beginning of a tangent 350.00 foot radius curve concave Southwesterly; thence southeasterly along the arc of said curve through a central angle of 96"20'00" a distance of 588.47 feet; thence tangent to said curve South 46"33' 30" West 200.32 feet to the beginning of a tangent 450.00 foot radius curve concave Northwesterly; thence Southwesterly along the arc of said curve through a central angle of 57"12'00" a distance of 449.25 feet; thence tangent to said curve North 76"14'30" West 117.67 feet to the beginning of a tangent 250.00 foot radius curve concave Southeasterly; thence Southwesterly along the arc of said curve through a central angle of 141046'00" a distance of 618.57 feet; thence tangent to said curve South 38"00'30" East 46.38 feet to the beginning of a tangent 300.00 foot radius curve concave Southwesterly; thence Southeasterly along the arc of said curve through a central angle of 66053'39" a distance of 350.26 feet; thence tangent to said curve South 28"53'09" West 102.61 feet to the to the TRUE POINT OF BEGINNING. containing 3.265 acres. PARCEL "c" Beginning at a point on the Easterly boundary of said Parcell, said point being the Southerly terminus of that course shown as North 49046'30" West 688.81 feet on said Parcel Map being also a point on the arc of a 300.00 foot radius curve concave Northeasterly, a radial line to said point bears South 68"34'57" West; thence Southerly along said curve and the Westerly Right-of- /2-~ way of Wueste Road through a central angle of 16052'45" an arc distance of 88.38 feet to a point of cusp with a 90.00 foot radius curve concave Northeasterly, a radial line to said 90.00 foot radius curve concave bears South 26058' 01" West; thence leaving said Right-of-way Northwesterly along last mentioned curve through a central angle of 63027'55" an arc distance of 99.69 feet to a point on the Easterly boundary of said Parcell; thence along said Easterly boundary South 49046'30" East 7.00 feet to the Point of Beginning. containing 0.018 acres. R2L6-~~ Robert G. Schoettmer 3-31-93 L.S. 4324 1.:2 -~ _. _' _____ ....._ ....._.M' J'I/B CIW (JJt CHULA VISTA PMn" DlSCLOSJ!RB S'l'A'I1llII1lNT StatemeDt of d1sG1r-..e of c:enaiD OWDCnllip fllterlllllt paylllllUtI" or csmpalsn CIOllttilnnIon& DO all matten wIlIcIt will rcqulrll tUwGdGaIr)' IGdvD OIl t1ac pen of ,be QI)' ColUldl. PIaDlIlni (;o;r,.,J . 'lIl, audlU odIel CIftIdal bodloI. The faDllwI1Ig 1140IlDll_ IlI1IIIIlc dllclDled: I. LIst the __ 01 ..n a-~ 1MM1II a flnanci81 Ialetea In tbr; COIltr'aCI. Le., comnclQr, ~ lIIIlcrIaIa. Ier. . San Die 0 N . n S 0 s aining 'F'nnnrL=I t-; nn A Ca ~ orn~a Non-Profit Corporation 2. If 1111 pcrIOIl kIoodi&c4 ~ to (1) Ibavc II I -,.ora1fma or putDeIIldp, l!IIme IIIIllC$ of all tndlvJduaI!I MnIIDJ marc tban lO1lj or tbc Il1aRS In the .....~don or 0WIIlD8 any p&.n-ibfp IIItcfcM In die parmenIl1p. N/A s. If any pmon id&luli&d purawlt ID (1) aboYe III1lJD1lWSt orpnltatton 0I11Mt, list the - of any perIOII ~ .. diftCUll' at tile ooa-prDfit orpntlallon lll' III b'uSICC 01 bcllddary 01' tRlttor 01 ~ tr1Ift. See attached list. 4. Have JOII bad IIIDJ'I: tb8J! S2SO worth of business tnmSllCIed with any member of the Cf11 m.fI', Bomls, CoII1m..... Committees .1Id CouncIl wIIbfn ,he pIIllWelYc' montII11 Yes_ No ~ If yes, please tncIlcate pcrIOIl(s): PIc:IuIe identify each end rNCl)' penon, Indudbls '117 "11m. ~ COIIIIIl18nta or bX/epeIldent COQ1racIDD who)011 baWl uslped to represent JOI' bet'ora the Qty in this 1IIItlet. Bill Miller David ~ielsen Laurie McKinlev Edward F. WhittIer David Armstronq 5. 6. HaWl )'CIlI1IDdIor JOUr ofliceI5.or ,puts, IIIlbc .grepte. CNltrlbulecl IIlOl'e than $1,000 10 . . CouDdIIIl.ember III dIt current or pre-'mc el=etioo period! Yes _ No _ If' JeSt stale which CmmdIl1H!IDbct(s): Unknown. Because of size of board of trustees and number of agents, this is difficult to determine, l!II!D.....a: ~':"ilII;f(JItWI."'~J-u_... . ~ .1ItK:itJI.....p-fII~-""'.4Ia1. . --.~1MIIw. lilis_.......~rIt1"*'~-..; I",~,"'GI''''''~''''''''''' ....,. tIfM"..",. _oillMltGn -... Ilk" 1IItIt." (NO'I'Il: A1111~1I'-'--1I "II" .llfoI '1) Date: /Utf .3, 10ft; ~~ DAVID M. ARMSTRONG IM~lOSl!nCrr Print 01' Ifpe IlIIDC of IlOIlU.ctar/llppllcant Executive Vice President 'RwNCI~ TOTl'L P. 01 /.)..'1 IJ SAN DIEGO NATIONAL SPORTS TRAINING FOUNDATION BOARD OF TRUSTEES Gloria D. McColl, President C. Terry Brown, Vice President Malin Burnham, Vice President Robert J. Watkins, Secretary Ron L. Fowler, Treasurer .John C. Argue Eugene J. Barone Nicholas B. Binkley William Campbell Lodwrick M. Cook Jack W. Davis Neil E. Derrough Daniel J. Epstein Anne L. Evans D. Jay Flood Stephen J. Giovanisci Peter J. Hall Dennis F. Holt Charlie Jacksol}. Herbert G. Klein Thomas C. Kravis, MD David B. Kuhn, Jr. Daniel D. Lane Sol Lizerbram, DO Edwin Moses Carl E. Reichardt Harold B. Sadler Donald F. Sammis Harvey W. Schiller, PhD J. Stacey Sullivan, Esq. James H. West Henry S. Williams Walter J. Zable /.2."'/1 COUNCIL AGENDA STATEMENT Item 1.3 SUBMITTED BY: Meeting Date 5/11/93 Resolution 17/ () 1" Approving an amendment to the Chula Vista portion of the 1992-99 Regional Transportation Improvement Program (RTIP) and authorizing its submittal to the San Diego Association of Governments (SANDAG) Director of Public Work~ ~ City Manager1;1b (4/5ths Vote: Yes_NoX) ITEM TITLE: REVIEWED BY: On August 6, 1991, the Chula Vista City Council held a public hearing and passed a resolution approving the 1992-99 Seven Year Regional Transportation Improvement Program (RTIP). On November 22, 1991, the SANDAG Board of Directors adopted the 1992-99 Regional Transportation Improvement Program including the TransNet Program of Projects. The 1992-99 RTIP covers fiscal years 1993-99. On May 19, 1992, the Chula Vista City Council approved a first amendment to the 1992-99 RTIP. This is Chula Vista's second amendment to the 1992-99 RTIP and primarily concerns changes for the second year of the 1992-99 RTIP (fiscal year 1994). However, changes to FY 1993 necessary to carry over projects or funds to FY 1994 will also be considered by the SANDAG Board of Directors. Project or funding changes beyond Fiscal Year 1994 will be considered as part of the development of the new 1994-2001 Regional Transportation Improvement Program. SANDAG will be amending the 1992-99 RTIP in June 1993. RECOMMENDATION: That Council approve the resolution as stated above. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The 1992-99 San Diego Regional Transportation Improvement Program (RTIP) is a seven-year program of proposed major highway, arterial, transit, bikeway, and aviation projects. Development and approval of the RTIP by the San Diego Association of Governments (SANDAG) is a requirement for the continued receipt of State and Federal Transportation Project funding. The "Proposition "A" TransNet Transportation Improvement Program Ordinance and Expenditure Plan" requires that all proposed projects funded with Transnet funds be included in the Regional Transportation Improvement Program (RTIP). The Proposition "A" Ordinance and expenditure plan states that the revenues generated by the sales tax measure will be used solely for transportation improvement projects. 1:1"/ Page 2, Item / J Meeting Date 5/11/93 Chula Vista's Regional Transportation Improvement Program (RTIP) was adopted by the City Council on August 6,1991. The adopted RTIP is consistent with the City's Capital Improvement Program and originally included eight projects utilizing TransNet funds and Federal Aid Urban (FAU) funds. Since the adoption of the RTIP, the FAU Program has been abolished and replaced with ISTEA's Surface Transportation Program (STP). SANDAG and Caltrans have developed a plan whereby Caltrans will exchange local agencies STP funds for and equal amount of Caltrans Transnet funds. This exchange greatly assists the local agencies who will no longer have to contend with Federal procedures in utilizing the exchanged Transnet funds. Thus, both programs are now being considered together. On May 19, 1992, the Chula Vista City Council amended the projects in the RTIP along with their corresponding estimated costs as follows: Programmed for Street Section Cost Estimate Fiscal Year Design Const. 1. Computer-aided design and drafting workstation $ 39,000 93 N/A 2. Broadway, between "I" and "L" Streets 3,501,600 93 94 3. "L" Street between Mission and Nadon Avenues 452.000 94 94 4. Broadway between Naples and southerly City 1.760,700 94 95 limits 5. Main Street between Industrial and Hennosa 4,200,000 95 96 6. Main Street between Hennosa and Hilltop 5,900,000 96 97 7. Palomar Street between 1-5 and Industrial 854,000 97 97 8. "E" Street between 1-5 and Broadway 473,000 97 97 9. Main Street between Hilltop and 1-805 4,200,000 97 98 TOTAL $21,380,300 CURRENT TRANSNET PROGRAM Approval of this resolution will constitute the second amendment to the 1992-99 RTIP. This consists of the following: 1. Delete Project No. 3 - the reconstruction of L Street between Mission and Nacion Avenues and replace with the Orange Avenue project adjacent to the new library site. L Street is to be included in the overlay program in FY 1993-94. 2. The design of Project No.5 - Main Street between Industrial and Fourth Avenue is proposed to be phased over two years (FY 1994 and FY 1995) and construction is to remain at the originally scheduled year of FY 1996. /::J"~ Page 3, Item I j Meeting Date 5/11/93 3. Add a project for the widening and reconstruction of Orange Avenue between Third and Pourth Avenues along the proposed new library site. The total cost is estimated at $412,600. 4. Add an engineering automation project for PY 1994. This new project will enable the Engineering Division to obtain Transnet funds to [mance the purchase of computer equipment that will be used in the design and drafting of Transnet projects. The total cost is $45,000. 5. Add the design phase of Broadway between Naples and Anita Streets estimated to cost $230,500. This design cost was originally proposed to be funded with gas tax funds. 6. Add Phase 3 of the Otay Valley Road Project. The estimated total cost is $150,000. 7. Add Pavement Overlay Program Project for PY 1994. Gas Tax funds were not adequate to fully support the needs of the Pavement Overlay Program. It is proposed that in PY 1994, the City will utilize $908,650 in TransNet money to supplement the pavement overlay program. The following is the amended list of projects along with their corresponding estimated costs: PROPOSED TRANSNET PROGRAM (INCLUDING ISTEA EXCHANGE FUNDS Programmed for Street Section Cost Estimate Fiscal Year Design Const. 1. Engineering Automation Program, Phase 1 $39,000 FY 93 N/A 2. Pourth Avenue between Kittiwake Lane and Del 105,000 94 FY94 Rey H.S. 3. Broadway, between "P" and "I" Streets 156,700 94 94 4. Broadway, between "I" and "L" Streets 3,501,600 93 94 5. Engineering Automation Program, Phase II 45,000 94 N/A 6. Orange Avenue, between Fourth and Third 500,000 93 94 Avenues 7. Pavement Overlay Program, FY 1993-94 1,796,100 94 94 8. Olay Valley Road, Phase III 150,000 94 94 9. Broadway between Naples and Anita Streets 1,800,000 94 95 10. Main Street. between Industrial and Fourth 4,200,000 94 96 11. Main Street, between Fourth and Hilltop 5,900,000 96 97 12. Palomar Street, between 1-5 and Industrial 854,000 97 97 13. "E" Street, between 1-5 and Broadway 473,000 97 97 14. Main Street, between Hilltop and 1-805 4,200,000 97 98 TOTAL $23,720,400 1:1"':1 Page 4, Item 1.:1 Meeting Date 5/11/93 TransNet revenues totalling approximately $5,156,750 are estimated to be allocated to the City of Chula Vista in FY 1994. Exhibit "A" (attached) shows further details on the amended list of projects. FISCAL IMPACT: A net increase in TransNet allocations to the City totalling $5,156,750 during FY 1994. 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'" '" ... $ 0 ~ ~ ~ z /3'/ /3-8 RESOLUTION NO. 17/tJ8" RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AMENDMENT TO THE CHULA VISTA PORTION OF THE 1992-99 REGIONAL TRANSPORTATION IMPROVEMENT PROGRAM (RTIP) AND AUTHORIZING ITS SUBMITTAL TO THE SAN DIEGO ASSOCIATION OF GOVERNMENTS (SANDAG) WHEREAS, on August 6, 1991, the Chula vista city Council held a public hearing and passed a resolution approving the 1992-99 Seven Year Regional Transportation Improvement Program (RTIP); and WHEREAS, on November 22, 1991, the SANDAG Board of Directors adopted the 1992-99 Regional Transportation Improvement Program including the TransNet Program of Projects; and WHEREAS, the 1992-99 RTIP covers fiscal years 1993-99 and on May 19, 1992, the Chula vista City council approved a first amendment to the 1992-99 RTIP; and WHEREAS, this is Chula vista's second amendment to the 1992-99 RTIP and primarily concerns changes for the second year of the 1992-99 RTIP (fiscal year 1994), however, changes to FY 1993 necessary to carryover projects or funds to FY 1994 will also be considered by the SANDAG Board of Directors. NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Chula vista does hereby amend the Chula vista portion of the 1992-99 Regional Transportation Improvement Program (RTIP), as set forth in Exhibit "A", and authorizes its submittal to the San Diego Association of Governments (SANDAG). Presented by John Lippitt, Director of Public Works F:\home\attomey\RTIP 13..1 COUNCIL AGENDA STATEMENT SUBMITTED BY: Item ,1'1 Meeting Date 5/11/93 Resolution I 7 It) <1 Establishing dates for property owners to be ready to receive underground service and removal of poles and overhead facilities within Underground Utility District No. 125 along Orange Avenue from Fourth Avenue to Third Avenue Director of Public Works~ . I-!P City Manager (jJ f(" (4/5ths Vote: Yes_No X ) f;J ITEM TITLE: REvmWED BY: On December 15, 1992, the City Council adopted Resolution No. 16939 establishing Underground Utility District 125 along Orange Avenue from Fourth Avenue to Third Avenue. In accordance with Section 15.32.150 of the Chu1a Vista Municipal Code, the City Council adopted Resolution No. 16939 states that the City Council shall by subsequent resolution fix the date on which the affected property owners must be ready to receive underground service and the date by which poles, overhead wires and associated structures shall be removed. The conversion of overhead utilities to underground will begin in June 1993 and should be completed in August 1993, not including pole removals. RECOMMENDATION: 1. Set July 1, 1993 as the date by which property owners within Underground Utility District No. 125 on Orange Avenue (from Fourth Avenue to Third Avenue) shall be ready to receive underground service. 2. Set September 1, 1993 as the date by which poles, overhead wires and associated structures shall be removed within Underground Utility District No. 125 on Orange Avenue (from Fourth Avenue to Third Avenue). BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On December 15, 1992, the Chu1a Vista City Council approved Resolution No. 16939 establishing Underground Utility District No. 125. The District limits extend from Fourth Avenue to Third Avenue. The removal of poles should coincide with the construction work scheduled for CIP Project No. ST-151 (widening of Orange Avenue and construction of full street improvements along the south side of Orange Avenue and west side of Fourth Avenue adjacent to the new library site). Library construction is scheduled to begin in August 1993. /'1., I Page 2, Item.-l.!L Meeting Date 5/11/93 During a meeting of the Utility Underground Advisory Committee on April 14, 1993, the utility companies informed Engineering staff that they can meet the following schedule for the underground conversion district. Date for Customer to be Ready to Receive Underground Service July 1, 1993 Completion of Undergrounding Work and Removal of Overhead Utilities September 1, 1993 A transparency showing the district boundaries is available for Council viewing. FISCAL IMPACT: The cost of undergrounding overhead utilities along Orange Avenue between Fourth Avenue and Third Avenue is estimated to be $430,000. This cost includes $28,000 to subsidize 18 single-family and one multi-family residential service lateral conversions and will be covered by the SDG&E allocation fund. Replacement of street lights will be funded as part of the CIP project. SMN:AX-I25 WPC F:\home\eoginc:cr\agenda\uuservce.l25 050593 J Lj.. )- RESOLUTION NO. J?/()~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND REMOVAL OF POLES AND OVERHEAD FACILITIES WITHIN UNDERGROUND UTILITY DISTRICT NO. 125 ALONG ORANGE AVENUE FROM FOURTH AVENUE TO THIRD AVENUE WHEREAS, the city Council has heretofore by Resolution No. 16939 established Underground utility District No. 125 along Orange Avenue from Fourth Avenue to Third Avenue, and WHEREAS, it is now desired, pursuant to said resolution, to fix the date on which affected property owners must be ready to receive underground service. NOW, THEREFORE, BE IT RESOLVED by the city Council of the city of Chula vista that the following dates are hereby established ordering the property owners to prepare properties for receipt of underground utilities: 1. The property owners in Underground utility District No. 125 shall be ready to receive underground service from San Diego Gas and Electric Company on July 1, 1993. 2. poles, structures Underground 1993. overhead wires and associated overhead shall be removed from parcels within utility District No. 125 by September 1, BE IT FURTHER RESOLVED that the city Clerk of the city of Chula vista be, and she is hereby directed to forward a certified copy of this resolution to all affected utility companies and property owners. Approved as to form by B~C::-B~a~ Attorney Presented by John P. Lippitt, Director of Public Works C:\rs\UUD.l25 11. 3 / IIf - If ".'1~~U~ LU ;:) Z LU > < \ ....\: . . . . . . . . . . , . , . , , . , . ' \ \ ,." ~ \. . .ll , .., LtJ t::::1 - LJL 3nN3^'" 11.- . . . . . . . . . f:IQ 5 . - . rt.l . .. (3nN3 v _ 3nN3Jr.V , , ~,," 3'lY:lS ON )Z Ot:llHl. 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E Q Q 11/23/92 (ORANGEAV - 1) ORANGE AVENUE UTILITY UNDERGROUNDING DISTRIST NO. 125 - BETWEEN FOURTH AND THIRD AVENUES - Ineludin9 portions of Fourth Avenue and Quintard Street AFFECTED PROPERTIES ----------------------------------------------------------------------------------------------------------------------- DISTRICT ASSESSOR'S EXISTING LENGHT OF PARCEL PARCEl ADDRESS OVERHEAD TRENCH REIMBURSEMENT REMARKS NUMBER NUMBER UTILITIES (FEET) AMOUNT - ($) ---------------------------------------------------------------------------------------------.---.--------------------- --------------------------------------------------------------------------.-------.------------------------------------ 01 618-342-20 1384 FOURTH AVE, E T C 30 900 cone. driveway & sidewalk 02 618-342-21 1398 FOURTH AVE. E T C 30 900 cone, driveway 03 619-29D-42 1379 FOUR7H AVE, E T C 75 2,25D a.c, driveway 04 619-290-44 1385 FOURTH AVE. E T C 30 900 conc. driveway & wall 05 619-290-45 1391 FOUR7H AVE. E T C 25 750 06 623-010-29 1427 FOURTH AVE, 0 FUTURE LIBRARY SITE 07 623-050-06 306 ORANGE AVE. T C 0 telephone I cable services only 08 623-050-05 314 ORANGE AVE, E T C 35 1,050 cone. driveway 09 623-D50-03 320 ORANGE AVE, E T C 50 1,500 10 623-050-02 324 ORANGE AVE. E T C 60 1,800 11 623-040-10 326 ORANGE AVE, E T C 45 1,350 12 623-040-11 328 ORANGE AVE. E T C 50 1,500 13 623-040-12 330 ORANGE AVE, E T C 80 2,400 cone. driveway- can be avoided 14 623-040-13 350 ORANGE AVE. E T C 50 1,500 15 623-040-14 354 ORANGE AVE, E T C 35 1,050 16 623-040-15 360 ORANGE AVE. E T C 45 1,350 cone. driveway 17 623-010-15 341 ORANGE AVE, 0 FUTURE LIBRARY SITE 18 623-010-14 379 ORANGE AVE, 0 FUTURE LIBRARY SITE 19 623-010-47 403 ORANGE AVE. C 0 cable service only 20 619-290-50 374 QUIN7ARD ST. E T C 25 750 21 619-290-49 392 QUINTARD ST. E T C 100 3,000 pan handle lot 22 619-290-47 394 QUINTARD ST. E T C 100 3,000 pan handle lot 23 619-290-48 396 QUINTARD ST. E T C 45 1,350 new eonc. work 24 619-290-46 398 QUINTARO ST. E T C 25 750 services fro~ Fourth ------------------------------------------------------------------.-.---------------------.-....----------------------~ ----------------------------------------------------------------------------------------.-----------------------.------ E : ELECTRICAL SERVICES T : TELEPHONE SERVICES C : CABLE TV SERVICES It./-~ r , ", RESOLUTION NO. 16939 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 125 ALONG ORANGE AVENUE FROM FOURTH AVENUE TO THIRD AVENUE AND AUTHORIZING THE EXPENDITURE OF UTILITY ALLOCATION FUNDS TO SUBSIDIZE PRIVATE SERVICE LATERAL CONVERSIONS The Ci ty Council of the Ci ty of Chu 1 a Vi sta does hereby resolve as follows: WHEREAS, by Resolution No. 16860, a public hearing was called for 6:00 p.m. on Tuesday, the 15th day of December, 1992, in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue in said City. to a~certain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, cOlll1lunication or similar or associated service within that certain area of the City ~re particularly described as follows: All that property along Orange Avenue from Fourth Avenue to Third Avenue and enclosed within the boundary as shown on the plat attached hereto as Attachment "AR of subject Underground Utility Di stri ct. and, WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll. and to the utility companies concerned in the manner and for the time required by law; and. WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chu1a Vista hereby finds and determines that the publiC health, safety and welfare requires the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric. cOlll1lunication or similar associated services, the above-described area is hereby declared an Underground Utility District, and is designated as such in the City of Chula Vista. Attached hereto. ~rked Exhibit "A". and incorporated herein by reference is a map delineating the boundaries of said District. and attached hereto as Exhibit "B" is a listing. by parcel numbers of parcels included within the district. BE IT FURTHER RESOLVED that the City Council shall. by subsequent resolution. "fix the date on which affected property owners Ilust be ready to receive underground"service. and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric. communication or similar associated service within said Underground Utility District. 11/- 7 , Resolution No. 16939 Page 2 BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within said Underground Utility District of the adoption of this resolution within fifteen days after the date of said adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication or other similar or associated service, they, or such occupant shall, by the date fixed in a subsequent resolution provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California as of the date of adoption of this resolution. Such notification s!lal1 be lllade by lllailing a copy of this resolution to affected property owners as shown on the last equalized assessment roll and to the affected utility companies. BE IT FURTHER RESOLVED that the City Council hereby finds that the Underground Utility District herein created is in the general public interest for the following reasons: 1. Orange Avenue is a major east/west thoroughfare connecting I-80S and 1-5 in the southern portion of Chula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aestheticaly pleasing central business district. 2. Orange Avenue is classified in the General Plan Circulation Element as a four lane major street. 3. Undergrounding has been completed on Orange Avenue east of Third Avenue thus making the proposed district an extension of an underground sections. 4. The proposed construction of a public library at the southeast corner of Orange and Fourth Avenues significantly increased the ranking of subject street section in the City's adopted Utility Conversion Program thus making it a top priority project. BE IT FURTHER RESOLVED that the expenditure of $28,000 of allocation funds to subsidize 19 single-family residential service lateral conversions is hereby authorized. Presented by ~ Bruce H. Boogaard City Attorney )t/-r Resolution No. 16939 Page 3 " . It) UJ .., L.tJ t:::j - LJ L N > ... < C . a: 0 - :J: Z ~ I C ... Z < 0 . I1Y:lS ON - W )2 a: > ) ... < 0 :J: - ~ . Q a: < ::> . CJ 0 ~ Z LL. - - Z ~ Q w :anN:aAV a~IHJ. :J: Z W "~,I\: X ::) ~ . w . 0 . ... . . w . a: . . m . . . . CJ . . . I . a: . . . W w . . ::> . Q . . z . Z . . w . . ::) > . 'Iii . . . ~ < . . .:l . . >- to > . . M W . a: to ... . . c CJ . ~ - foil . Q ..I z . . z . - < ... . = ~ ... rt.l 0 a: . . ::) 0 . . CD . . . . oD (3nN3 'II 'IISO t;3H ) ~ , , " u . \..."' :anN:aK-V HJ.~no.:t - I . - a: . . . ~ ~" '" . en N - ... CD Q -i -... Q . CO) ILl :. N en -... 0 .. ... A. ~ ... 0 III a: i .. /tl1 A. = Cl Cl Resolution No. 16939 Page 5 PASSED, APPROVED and ADOPTED by the City Council of the City of Chula Vista, California, this 15th day of December, 1992, by the following vote; YES: Councilmembers: Fox, Horton, Moore, Rindone, Nader NOES: Councilmembers: None ABSENT: Councilmembers: None ABSTAIN: Councilmembers: None ~;z ,? c::::--- .:0// ,/ Tim Nader, Mayor ATTEST: STATE OF CALIFORNIA ). COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA ) I, Beverly A. Authelet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Resolution No. 16939 was duly passed; approved, and adopted by the City Council held on the 15th day of December, 1992. Executed this 15th day of December, 1992. , )0/-- /0 Resolution No. 16939 Page 4 11/23/92 (ORANGEAV - 1) ORANGE AVENUE UTILITY UNDERGROUNDING DISTRIST NO. 125 - BETWEEN FOURTH AND THIRD AVENUES - Includin9 portions of Fourth Avenue and Quintard Street AFFECTED PROPERTIES ____e.._____________________________________________________________________________________________________----------- DISTRICT ASSESSOR'S EXISTING LENGHT OF PARCEl PARCEL ADDRESS OVERHEAD TRENCH REIMBURSEMENT REMARKS NUMBER NUMBER UTIl JTl ES (FEET) AMOUNT - ltl ----------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------- 01 61B-342-20 1384 FOURTH AVE, E T C 30 900 conc. driveley l sidelalk 02 618-342-21 1398 FOURTH AVE. E T C 30 900 conc. drivlllY 03 619-290-42 13T9 FOURTH AVE. E T C 75 2,250 a,c. drivelay 04 619-290-44 1385 FOURTH AVE, E T C 30 900 conc, driveley l lall 05 619-290-45 1391 FOURTH AVE. E T C 25 T50 06 623-010-29 1427 FOURTH AVE, 0 FUTURE LIBRARY SITE 07 623-050-06 306 ORANGE AVE, T C 0 telephone l cable services only 08 623-050-05 314 ORANGE AVE. E T C 35 1,050 conc, driveny 09 623-050-03 320 ORANGE AVE, E T C 50 1,500 10 623-050-02 324 ORANGE AVE. E T C 60 1,800 11 623-040-10 326 ORANGE AVE, E T C 45 1,350 12 623-040-11 328 ORANGE AVE. E T C 50 1,500 13 623-040-12 330 ORANGE AVE, E T C 80 2,400 conc. drivelay- can be evoided 14 623-040-13 350 ORANGE AVE. E T C 50 1,500 15 623-040-14 354 ORANGE AVE, E T C 35 1,050 16 623-040-15 360 ORANGE AVE, E T C 45 1,350 conc. drivelay 17 623-010-15 341 ORANGE AVE. 0 FUTURE LIBRARY SITE 18 623-010-14 379 ORANGE AVE. 0 FUTURE LIBRARY SITE 19 623-010-47 403 ORANGE AVE. C 0 cable service only 20 619-290-50 374 QUINTARD ST. E T C 25 750 21 619-290-49 392 QUINTARD ST. E T C 100 3,000 pan handl e lot 22 619-290-47 394 QUINTARD ST. E T C 100 3,000 pan handle lot 23 619-290-48 398 QUINTARO ST. E T C 45 1,350 nel conc. lork 24 619-290-46 398 QUINTARD ST. E T C 25 750 services from Fourth ----------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------- E : ELECTRICAL SERVICES T : TElEPHONE SERVICES C : CABLE TV SERVICES 1'/--// COUNCIL AGENDA STATEMENT Item ao Meeting Date 12/15/92 SUBMITTED BY: Public Hearing Consideration of establishing Underground Utility District No.1 25 along Orange Avenue from Fourth Avenue to Third Avenue Resolution 1 (p q '3 q Establishing Underground Utility District No. 125 along Orange Avtnue from Fourth Avenue to Third Avenue and authorizing the expenditure of Utility Allocation Fund~ to subsidize private service lateral conversions Director of Public Works ~ ITEM TITLE: REVIEWED BY: City Manager (4/5ths Vote: Yes_No..1L1 On November 3, 1992, by Resolution No.1 6860 the City Council ordered a Public Hearing to be held on December 15, 1992 to determine whether the public health, safety or general welfare requires the formation of an underground utility district along Orange Avenue from Fourth Avenue to Third Avenue. RECOMMENDATION: That Council: 1. Conduct a public hearing on the formation of the conversion district. 2. Approve a resolution forming the district and authorizing the use of approximately $28,000 in utility allocation funds to subsidize 19 single- family residential service lateral conversions. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: The Underground Utility Advisory Committee consisting of representatives of SDG&E, Pacific Bell, Cox Cable T:V., Chula Vista Cable, and the City staff agreed to propose to the City Council the formation of a district to convert the overhead facilities along Orange Avenue from Fourth Avenue to Third Avenue. This project is on the Council's approved priority list and is ranked as the 16th utility conversion project in the City's adopted program. However, proposed construction of the public library at the southeast corner of Orange and Fourth Avenues significantly increased the points thus moving the project up in said ranking and made the subject street section top priority. The proposed utility undergrounding district along Orange Avenue is about 1,500 feet long running from Third Avenue west to Fourth Avenue (please see exhibit AI. The estimated cost for undergrounding the utilities is I '-/., I;'" Page 2, ltem.2Q Meeting Date 12/15/92 $400,000. East of the proposed district undergrounding of overhead utilities has been completed. The Average Daily Traffic (ACT) count on Orange Avenue between Third and Fourth Avenues is approximately 10,000. Staff recommends the formation of this conversion district along this section of Orange Avenue because: . 1. Orange Avenue is a major east/west thoroughfare connecting 1-5 and 1- e05 in the southern portion of Chula Vista. The undergrounding of existing overhead utilities will contribute to the creation of an aesthetically pleasing major street. 2. Orange Avenue is classified in the General Plan Circulation Element as a four lane major street. 3. Undergrounding has been completed on Orange Avenue east of Third Avenue thus making the proposed district an extension of an undergrounded section. 4. The proposed construction of a public library at the southeast corner of Orange and Fourth Avenues significantly increased the ranking of the subject street section in the City's adopted Utility Conversion Program thus making it a top priority project. Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to set a public hearing to determine whether the public health, safety, and general welfare requires the undergrounding of existing overhead utilities within designated areas of the City and to give persons the opportunity to speak in favor of or against the formation of the proposed undergrounding district. The purpose of forming the district is to require the utility companies to convert all overhead lines, to remove all existing wooden utility poles within the district and to require property owners to convert service connections to underground. The conversion work by the property owners involves trenching, backfill, and conduit installation from property line to point of connection. Chula Vista City Council Policy No. 585-1 established a mechanism that reduces the property owner's cost for the conversion from the distribution lines to the residence. The mechanism is based on the following provisions: 1. Funding is limited to facilities which the customer traditionally supplies/installs such as trenching and conduit from property line to point of connection. 2. Funding shall not exceed the estimated cost of trenching and conduit installation for up to 100 feet of the private service lateral. Council Policy No. 585-1 currently limits the funding reimbursement to single-family residential properties only. There is an action item before the City Council tonight that 1'/.. tJ Page 3,ltem~O Meeting Date 12/15/92 proposes the expansion of the applicability of said policy to include all uses. This will not have any affect on the subject district because all the properties that receive overhead electrical service are single-family residential properties. There are 19 properties located within the district which are eligible for this subsidy. The property owners are required to cause the work to be done. SDG&E will contribute $30 per linear foot for the trenching and backfill on each eligible property. This amount should cover all the trenching costs as well as other conversion costs to the meter box. However, there may be cases where the property owner is not reimbursed 100% for costs. The total reimbursement for the 19 properties is approximately $28,000. A list of the 19 property owners that will be subsidized is shown on exhibit B. The Director of Public Works, subsequent to the formation of the district will submit to the Council a resolution setting the date for the property owners to be ready to receive underground facilities and the date for the removal of all wooden poles in accordance with the City of Chula Vista Municipal Code. A submission of the resolution to the City Council will occur after the utility companies have agreed on a schedule for the project. All property owners within the district have been notified of tonight's hearing. A transparency showing the proposed boundary of the district is available. FISCAL IMPACT: The cost to underground utilities along Orange Avenue from Fourth Avenue to Third Avenue is estimated to be $400,000. SDG&E's allocated funds (rule 20-A) will cover the estimated costs of the project. A subsidy of approximately $28,000 for 19 single-family property owners within this district is included in said amount. SMN File: AX.U5 WPC F:\hame~IAGENDA\ORANGE.UUD I y" Jll . It) . w ow L.tJ t::=1- LJ L C'I > .. < Q . 0: 0 - x Z l- I Q ... Z < I'JY:)s ON U . - w )2 ) A: > ... < en x - l- II Q 0: < :) . CJ 0 I- Z &&. - - z CD Q - w ilnNiI^Y O~IHJ. x Z W ....\: X ::) ~ . w . 0 . l- . . . A: w . . . en . . CJ . . . . I . A: . . := W W . . . E . Q ~ . . . z . . . := Z . w . ::) . > 'Iii . N . . < . . ~ . . >- to > ... . . ... .. . a: W . ... . c <l' . - Ilil . 0 . -I Z . ! - - < CZl 0 ... 0: m ::) 0 VSO l:l3H) ~ HUlno.:t u - a: ~ fI) ... w - CI 0 ... " 0 . ., III . III en " 0 .. 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MEMORANDUM December 10, 1992 File # KY-100 TO: Councilman Bob Fox VIA: John Goss, City Manager FROM: John P. Lippitt, Director of Public work~ SUBJECT: CHULA VISTA UTILITY UNDERGROUND CONVERSION PROGRAM On November 12, 1991 the Chula Vista City Council approved Resolution No. 16415 accepting a report on the subject program and approving a revised list of Utility Underground Conversion Projects (copy of Resolution attached). Since that time, the City Council has approved the formation of the following Utility Underground Conversion Districts: 1. "F" Street, Third Avenue to Second Avenue 2. Fourth Avenue, "E" Street to northerly city limits 3. Otay Valley Road, Oleander Avenue to Nirvana Avenue 4. "E" Street, Broadway to Corte Maria Avenue In addition, the City Council will hold a public hearing on December 15, 1992 to consider the formation of another District on Orange Avenue, between Fourth and Third Avenues. Please inform this office should you have any questions or require any additional information. SMN:mc cc: Mayor and City Council (SMN2\UTILITY.MEM) J if-- 17 1. 2. 3 . 4. MAILING LIST FOR UUAC COVER LETTER CITY OF CHULA VISTA UTILITY UNDERGROUNDING ADVISORY COMMITTEE NOTIFICATION MAILING LIST Pacific Bell 5601 Grossmont Center Drive Room 226 La Mesa, CA 91942 Attention: Dottie Bacarti Pacific Bell 5601 Grossmont Center Drive Room 226 La Mesa, CA 91942 Attention: Brenda Nehme San Diego Gas & Electric Co. 8316 Century Park Court San Diego, CA 92105-5486 Attention: Bill Boatman San Diego Gas & Electric Co. 8316 Century Park Court San Diego, CA 92105-5486 Attention: Benny Pepe 5. Cox Cable San Diego, Inc. 5159 Federal Blvd. San Diego, CA 92105-5486 Attention: Bill LeVeau 6. Cox Cable San Diego, Inc. 5159 Federal Blvd. San Diego, CA 92105-5486 Attention: Christie Andrew 7. Chula vista Cable 253 Third Avenue Chula Vista, CA 91910 Attention: Gary Potter Chula vista Cable 253 Third Avenue Chula Vista, CA 91910 Attention: Ken Morehead 8. 9. San Diego Gas & Electric Co. 436 "H" Street Chula Vista, CA 91910 Attention: Patricia Barnes Tom Brodesser (Design) Ted Svendsen (Right-of-Way) 654-8639 230-7813 SMN:nm I i--It (FAX) (FAX) (FAX) (FAX) 697-5306 697-5306 697-3590 654-8616 654-8650 654-8655 263-9251 266-5214 266-5540 476-0177 476-0198 476-9811 482-3352 (SMN2\UUACAOR.LST) Rev 2/17/93 COUNCIL AGENDA STATEMENT ITEM TITLE: Item /5 Meeting Date 5/11/93 Resolution I ? / 10 Establishing dates for property owners to be ready to receive underground service and removal of poles and overhead facilities within Underground Utility District No. 121 along "F" Street from Church Avenue to approximately loo feet east of Second Avenue SUBMITTED BY: Director of Public Works ~ REVmWED BY: City Manager f: {& (4/5ths Vote: Yes_No X ) On February 25, 1992, the City Council adopted Resolution No. 16524 establishing Underground Utility District 121 along "F" Street from Church Avenue to approximately 100 feet east of Second Avenue. In accordance with Section 15.32.150 of the Chula Vista Municipal Code, the City Council adopted Resolution No. 16524 states that the City Council shall by subsequent resolution fix the date upon which the affected property owners must be ready to receive underground service and the date by which poles, overhead wires and associated structures shall be removed. The conversion of overhead utilities to underground began in April and should be completed in September 1993, not including pole removals. RECOMMENDATION: 1. Set July 1, 1993 as the date by which property owners within Underground Utility District No. 121 on "F" Street (from Church Avenue to approximately 100 feet east of Second Avenue) shall be ready to receive underground service. 2. Set October 1, 1993 as the date by which poles, overhead wires and associated structures shall be removed within Underground Utility District No. 121 on "F" Street (from Church Avenue to approximately 100 feet east of Second Avenue). BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: On February 25, 1992, the Chula Vista City Council approved Resolution No. 16524 establishing Underground Utility District No. 121. The District limits extend from Church Avenue to approximately 100 feet east of Second Avenue. After a meeting of the Utility Underground Advisory Committee on April14, 1993, the utility companies informed Engineering staff that they can meet the following schedule for the underground conversion district: 15'" J /' Page 2, Item I...!;J Meeting Date 5/11/93 Date for Customer to be Ready to Receive Underground Service July 1, 1993 Completion of Undergrounding Work and Removal of Overhead Utilities October 1, 1993 A transparency showing the district boundaries is available for Council viewing. FISCAL IMPACT: The cost of undergrounding overhead utilities along "F" Street between Church Avenue and approximately 100 feet east of Second Avenue is estimated to be $420,000. This cost includes $18,000 to subsidize 19 private service lateral conversions, and will be covered by the SDG&E allocation fund. Replacement of street lights will be funded as part of CIP Project No. TF-149, "Street Light Installation Program - FY 92/93." SMN:AR-086 WPC F:\home\engineer\agcnda\uuservce.121 050593 15" ~ RESOLUTION NO. 17//0 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING DATES FOR PROPERTY OWNERS TO BE READY TO RECEIVE UNDERGROUND SERVICE AND REMOVAL OF POLES AND OVERHEAD FACILITIES WITHIN UNDERGROUND UTILITY DISTRICT NO. 121 ALONG "F" STREET FROM CHURCH AVENUE TO APPROXIMATELY 100 FEET EAST OF SECOND AVENUE WHEREAS, the City Council has heretofore by Resolution No. 16524 established Underground utility District No. 121 along "F" street from Church Avenue to approximately 100 feet east of Second Avenue, and WHEREAS, it is now desired, pursuant to said resolution, to fix the date on which affected property owners must be ready to receive underground service. NOW, THEREFORE, BE IT RESOLVED by the City Council of the city of Chula vista that the following dates are hereby established ordering the property owners to prepare properties for receipt of underground utilities: 1. The property owners in Underground utility District No. 121 shall be ready to receive underground service from San Diego Gas and Electric Company on July 1, 1993. 2. Poles, overhead wires and associated overhead structures shall be removed from parcels within Underground Utility District No. 121 by October 1, 1993. BE IT FURTHER RESOLVED that the city Clerk of the City of Chula vista be, and she is hereby directed to forward a certified copy of this resolution to all affected utility companies and property owners. Presented by Approved as to form by LA. Bruce M. Boogaard city Attorney John P. Lippitt, Director of Public Works C:\rs\UUD 15'3 - '~f ON ~~ -~ lIQr.~~, ,I 1'-.,-oI''''''''!l . ~ ~ "'o";c~~:i ~ "'- " i Z;@ .... ~. I. T",:,o -@~\A' ..Ii; 9 EJ :ll to @'" ._ ~ C'.. .: rn~ t. : 'hO ~ . ,\ ~ ~.! ~ ~ ",.~l,; iii i2tl J( .. d~"'.'~ ",0'" .. 9 ~~ '=-'; " " " I ,. ...... I Ls) ~~ I ##h (t.1 <!1J .. '':'11 ~.~l . ....... ......~ ..: !hi :~~ OJ......... "'2 . . "3A"i : . 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IlQ ~ Q Q ( RESOLUTION NO. 16524 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ESTABLISHING UNDERGROUND UTILITY DISTRICT NO. 121 ON F STREET BETWEEN CHURCH AVENUE AND APPROXIMATELYI00 FEET EAST OF SECOND AVENUE AND AUTHORIZING THE EXPENDITURE OF ALLOCATION FUNDS TO SUBSIDIZE 10 SINGLE- FAMILY RESIDENTIAL SERVICE LATERAL CONVERSIONS The City Council of the City of Chula Vista does hereby resolve as follows: WHEREAS, by Resolution No. 16482, a public hearing was called for 6:00 p.m. on Tuesday, the 25th day of February, 1992, in the Council Chambers of the City of Chula Vista at 276 Fourth Avenue in said City, to ascertain whether the public health, safety or welfare requires the removal of poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar or associated service within that certain area of the City more particularly described as follows: All that property lying along F Street about 1,300 feet long running from Church Avenue to approximately 100 feet east of Second Avenue and enclosed within the boundary as shown on the plat attached hereto as Attachment "A" of subject Underground Util i ty Di stri ct. ( and, WHEREAS, notice of such hearing has been given to all affected property owners as shown on the last equalized assessment roll, and to the util ity companies concerned in the manner and for the time required by law, and, WHEREAS, such hearing has been duly and regularly held, and all persons interested have been given an opportunity to be heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista hereby finds and determines that the public health, safety and welfare requires the removal of poles, overhead wires and associated structures, and the underground installation of wires and facilities for supplying electric, communication or similar associated services, the above-described area is hereby declared an Underground Utility District, and is designated as such in the City of Chula Vista. Attached hereto, marked Exhibit "A", and incorporated herein by reference is a map delineating the boundaries of said District. ., . . . ( BE IT FURTHER RESOLVED that the City Council shall, by subsequent resolution, fix the date on which affected property owners must be ready to receive underground service, and does hereby order the removal of all poles, overhead wires and associated overhead structures and the underground installation of wires and facilities for supplying electric, communication or similar associated service within said Underground Utility District. BE IT FURTHER RESOLVED that the City Clerk is hereby instructed to notify all affected utilities and all persons owning real property within said 15';/' Underground ility District of the adoption of this resolut on within fifteen days after the date of said adoption. Said City Clerk shall urther notify said property owner of the necessity that, if they or any pe son occupying such property desires to continue to receive electric, cornrnunic ion or other similar or associated se vice, they, or such occupant shall, b~ the date fixed in a subsequent resolu 'on provide all necessary facility ch ges on their premises so as to receive uch service from the lines of th, supplying utility or utilities at a new ocation, subject to the applicabll rules, regulations and tariffs of the respe ive utility or utilities on filef~ith the Public Utilities Commission of the S te of California as of the. f1ate of adoption of this resolution. Such noti 'cation shall be made by mail}hg a copy of this resolution to affected property 0 ers as shown on the lastl..ualized assessment roll and to the affected utility ompanies. / BE IT FURTHER RESO \lED that the City 90uncil hereby finds that the Underground Util ity Distric herein created is iJl the general public interest for the following reasons: I 1. F Street is a major thorughfare in th~'Cityls Central Business District. Undergrounding of utill ies will cdntribute to the creation of an aesthetically pleasing ac ess to tihe,rtitYIS Central Business District. The project is proposed at is tim . due to the completion of Norman Park Senior Center. , . :i The City will use SDG&E alloc i9h funds based on Rule 20-A Distribution Formula to fund this project. J Undergrounding has been compl~ on "F" Street west of Church Avenue, thus. maki ng the proposed djfttr t an extensi on of an undergrounded sectlon. ~/, BE IT FURTHER RESOLVED that he expe iture of $9,450 of allocation funds to subsidize 10 single-family re ,dential s vice lateral conversions is hereby authorized. . II il J J j I j ! Resolution No. 16524 Page 2 2. 3. 4. Presented by / Joh P. Lippitt } Di ector of Public Work J , , < I ir ~ ) Resolution No. 16524 Page 2 Underground Utility District of the adoption of this resolution within fifteen days after the date of said adoption. Said City Clerk shall further notify said property owners of the necessity that, if they or any person occupying such property desires to continue to receive electric, communication or other similar or associated service, they, or such occupant shall, by the date fixed in a subsequent resolution provide all necessary facility changes on their premises so as to receive such service from the lines of the supplying utility or utilities at a new location, subject to the applicable rules, regulations and tariffs of the respective utility or utilities on file with the Public Utilities Commission of the State of California as of the date of adoption of this resolution. Such notification shall be made by mailing a copy of this resolution to affected property owners as shown on the last equalized assessment roll and to the affected utility companies. BE IT FURTHER RESOLVED that the City Council hereby finds that the Underground Util ity Di stri ct herei n created is in the general publ i c interest for the following reasons: 1. F Street is a major thoroughfare in the City's Central Business District. Undergrounding of utilities will contribute to the creation of an aesthetically pleasing access to the City's Central Business District. 2. The project is proposed at this time due to the completion of Norman Park Senior Center. ') 3. The City will use SDG&E allocation funds based on Rule 20-A Distribution Formula to fund this project. 4. Undergrounding has been completed on "F" Street west of Church Avenue, thus maki ng the proposed di stri ct an extension of an undergrounded section. BE IT FURTHER RESOLVED that the expenditure of $9,450 of allocation funds to subsidize 10 single-family residential service lateral conversions is hereby authorized. / Jo P. li ppitt Di ector of Public Works , . Bruce M. Boogaard City Attorney Presented by 15'7 COUNCIL AGENDA STATEMENT It_ lei) Meeting Date 2/25/92 ITEM TITLE: Public Hearing - Consideration of establishing Underground Utility District No. 121 on "F" Street between Church Avenue and approximately 100 feet east of Second Avenue Resolution Establishing Underground Utility District No. 121 on "F" Street between Church Avenue and approximately 100 feet east of Second Avenue and authorizing the expenditure of allocation funds to subsidize 10 single-family residential service lateral conversions SUBMITTED BY: Director ~f PubHc work~f ~ REVIEWED BY: City Manager (4/5ths Vote: Yes___No-X-) On January 28, 1992, by Resolution No. 16482, the City Council ordered a public hearing to be held on February 25, 1992, to determine whether the public health, safety, or general welfare require the formation of an Underground Utility District on "F" Street between Church Avenue and approximately 100 feet east of Second Avenue. RECOMMENDATION: That Council: 1. Conduct a public hearing on the formation of the conversion district. 2. Adopt a resolution forming the district and authorizing the use of $9,450 of allocation funds to subsidize 10 single-family residential service lateral conversions. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The Underground Utility Advisory Committee, consisting of representatives of SDG&E, Pacific Bell, Cox Cable TV, Chula Vista Cable, and the City staff agreed to propose to Council the formation of a district to convert the overhead facil ities along "F" Street between Church Avenue and approximately 100 feet east of Second Avenue. This project is on the Council's approved priority 1 ist and is in accordance with Council's desire to -underground the utilities adjacent to the Norman Park Senior Center. The proposed utility undergrounding district along "F" Street is about 1,300 feet long running from Church Avenue to approximately 100 feet east of Second Avenue (please see Exhibit "A"). The estimated cost for undergrounding the utilities is $400,000. West of the proposed district, undergrounding of overhead utilities has been completed. The Average Daily Traffic (ADT) count in this reach of "F" Street is 9,700 vehicles per day. Staff recommends the formation of this conversion district along "F" Street because: /5" 8" Page 2, It..~ ~ Meeting Date 2/25/92 .. ~ 1. .F. Street is a major thoroughfare in the City's Central Business District. Undergrounding of utilities will contribute to the creation of an aesthetically pleasing access to the City's Central Business District. 2. The project is proposed at this time due to the completion of Norman Park Senior Center. 3. The City will use SDG&E allocation funds based on Rule 20-A Distribution Formul a to fund thi s project. . 4. Undergrounding has been completed on .F. Street west of Church Avenue, thus making the proposed district an extension of an undergrounded section. Section 15.32.130 of the Chula Vista Municipal Code requires the City Council to hold a public hearing to determine whether the public health, safety and general wel fare requi res the undergrounding of exi st i ng overhead ut il it ies within designated areas of the City and to give the persons the opportunity to speak in favor or against the formation of a proposed district to underground utilities. The purpose of forming the district is to require the utility companies to underground all overhead lines, remove all existing wooden utility poles within the district and to require property owners to change their electrical wiring to receive underground electrical service. The servi ce lateral convers i on is a cost to be borne by the property owner and generally ranges between $300 and $1,000. To ease the burden on the property owner, Council adopted a policy (No. 585-1) on April 2, 1985, by Resolution No. 11977, on the use of utility funds to subsidize the conversion of private service laterals. Per this policy, the use of allocation funds is limited to single family residential properties and is not to exceed the estimated cost of trenching and conduit installation for up to 100 feet of the private service lateral. There are ten properties located within the proposed district eligible for this subsidy. The property owners are responsible to provide the underground service and the utility companies will reimburse the owner an amount (set by Council) which only covers a portion of the owner's total cost. The reimbursable amounts to the property owners will be paid by the utility companies through the City after the project is completed. We have determined that the 10 property owners should be subsidized as follows: Length of Subsidy Parcel No. Owner Site Address Trench (ft. 1 Amount (S1 568-164-10-00 Katherine 1 Reginald Walters 219 .F. St. 30 S 900 Florence H. Simmons Walter R. Simmons 568-164-11-00 Marion Dugger 217 .F. St. 30 900 Margaret Dugger /5"'1 f Page 3, Ita lq Meeting Date 2/25/92 Length of Subsidy Parcel No. Owner Site Address Trench (ft.) Amount ($) 568-164-12-00 Gloria l Robert Johnson 215 "F" St. 30 900 568-331-03-00 Sophie A. Trust Pflimlin 240 "F" St. 35 1,050 568-331-04-00 Karen l Richard Cook 236 "F" St. 35 1,050 569-030-22-00 Maxine V. Willson 293 Second Ave. 30 900 569-030-23-00 Rafaela l Tomas Mendoza 195 "F" St. 30 900 568-332-01-00 Jose R. Perez 224 "F" St. 35 1,050 568-332-04-00 David l Debora Pigden 206 "F" St. 30 900 568-332-05-00 David l Mary Chaanine 202 "F" St. ~ 900 TOTAL 315 $9,450 The Director of Public Works, subsequent to the formation of the district will submit to the Council a resolution setting the date for the property owners to be ready to receive underground facilities and the date for the removal of the poles in accordance with the City of Chula Vista Municipal Code. A submission of the resolution to the City Council will occur after the utility companies have agreed on a schedule for the project. All property owners within the district have been notified of tonight's hearing. Based on Council's interest in expediting Public Works contracts to help alleviate the economic slow down, staff is preparing a letter for the Mayor's signature to SDG&E and other affected utilities requesting them to take action to speed up the construction of undergrounding districts. A transparency is available showing the proposed boundary of the district. FISCAL IMPACT: The cost to underground utilities along "F" Street between Church Avenue and approximately 100 feet east of Second Avenue is estimated to be $400,000. SDGlE' s allocated funds (rul e 20-A) will cover the estimated costs of the project. A $9,450 subsidy for 10 single-family property owners within this district is included in this amount. MJI:AV-086 WPC 5889E />*'/t; . I1t:I,CIIr ~~- --;)- .., .-........, 'I ~ ...'......re II . . -. I ~ ,~ ~;~~~ l(!l. ~ .. ~I 11 I i!l;u."" .!ail #. I ! I f€ '1 !~ ~.:; ...' f; .i' ~ "';;. #..~ ~~i' Fib' I u,l ~ ~ . : ~ . .. I mi ~-,! " Srof _ I"l: " .......... Ik~. Z = = . "a^vl : c.;t-. I . r.:'\.c.~ - Ir.: .! .t ~ :. ~ ~\:I ~ :; ~ r ... ..... ~.:: c ~ I i!@ ~ l ~ 0C .. @Ie@~@~~::: @::I@;;; c!::@;! :]F 0 ~":..eGc0.GQ0=0~0~!@ ~ i'~ 0:"@ &;" II! 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CA 91910 Gloria & Robert Johnson .J ._~~ ~ Chula Vista. CA 91912 Guadalupe Freitas Jf -. .. _ Chula Vista. CA 91910 Karen & Richard Cook .~ Vista. CA 91913 Rafaela & Tomas Mendoza COOIa Vista. CA 91910 David & Debora Plgden _vv . W"v.. _ Chula Vista. CA 91910 Yaroslav Kushnir. M.D, Inc. ---.-- , Chula Vista. CA 91910 Susan & BUI Crafton - Chula Vls1a. CA 91910 1\ pll 5T. C/l1t/t//!"/{5/t?N' ~Tam Chula Vls1a. CA 91910 t)(sTA/C.r Kathleen & Robert Shechet 'lula Vlsla. CA 91913 Patrlcla & Marl< Stender c/o Denise Herron J-- . Coronado. CA 92118 Denise & Matthew Herron 'CIo Denise Herron - -..... . Coronado. CA 92118 Florence H. Simmons ~ Walter R. Simmons .--. - .....- -.. - San Diego. CA 92109 Margaret ~ - - COOla Vls1a. CA 91910 Gloria & Robert Johnson Chula Vista, CA 91912 Gloria & Robert Johnson n-- u.. - Chula Vista. CA 91912 Gloria & Robert Johnson . Chula Vista. CA 91912 . Garsh.Plper Oral & Malxlllo.Facial Surgery Group -f'- - -Chula Vista. CA 91910 Sophie A. Trust Pfllmlln .. - . Chula Vista, CA 91910 Monica & Richard Maele --- -- ^._-~ COOla Vista. 1910 Maxine V. Willson . _"WW' Chula Vista. CA 91910 Jose R, Perez - - Chula Vista. CA 91910 Marie W. Froelscher Chula VIs1~1910 David & Mary Chaanine c/o Int'l Taekwon-Do Ctrs LATF _ __vv. Chula Vista, CA 91910 Patrlcla & Marl< Stender .,.. _ ..... nita. CA 91902 Denise & Matthew Herron In''' .n. 'i'~" Bonita, CA 91902 - Jacqueline & Israellsmaj /.' "-:'/.:.:L .-r . n. :> - ~hula Vista, CA 91910 Frederick R. Obersehulte - - -- _. . Chula Vista, CA -1910 .. 1. 2. 3 . 4. MAILING LIST FOR UUAC COVER LETTER CITY OF CHULA VISTA UTILITY UNDERGROUNDING ADVISORY COMMITTEE NOTIFICATION MAILING LIST Pacific Bell 5601 Grossmont Center Drive Room 226 La Mesa, CA 91942 Attention: Dottie Bacarti Pacific Bell 5601 Grossmont Center Drive Room 226 La Mesa, CA 91942 Attention: Brenda Nehme San Diego Gas & Electric Co. 8316 century Park Court San Diego, CA 92105-5486 Attention: Bill Boatman San Diego Gas & Electric Co. 8316 Century Park Court San Diego, CA 92105-5486 Attention: Benny Pepe 5. Cox Cable San Diego, Inc. 5159 Federal Blvd. San Diego, CA 92105-5486 Attention: Bill LeVeau 6. Cox Cable San Diego, Inc. 5159 Federal Blvd. San Diego, CA 92105-5486 Attention: Christie Andrew 7. Chula vista Cable 253 Third Avenue Chula Vista, CA 91910 Attention: Gary Potter Chula vista Cable 253 Third Avenue Chula Vista, CA 91910 Attention: Ken Morehead 8. 9. San Diego Gas & Electric Co. 436 "H" Street Chula Vista, CA 91910 Attention: patricia Barnes Tom Brodesser (Design) Ted Svendsen (Right-of-Way) 654-8639 230-7813 SMN:rvn I>' 13 (FAX) (FAX) (FAX) (FAX) 697-5306 697-5306 697-3590 654-8616 654-8650 654-8655 263-9251 266-5214 266-5540 476-0177 476-0198 476-9811 482-3352 (SMN2\UUACADR.LSTl Rev 2/17/93 COUNCIL AGENDA STATEMENT Item / to Meeting Date 5/11/93 ITEM TITLE: Report: Response to Statement by Ms. Regina Hickey That Staff has Discouraged an Affordable Housing Project SUBMITTED BY: Director of P1anningdj. J)~ J..tl1&V REVIEWED BY: City Manager 1~ ~ (4/Sths Vote: Yes_No X) At the Council meeting of May 4, 1993, Ms. Regina Hickey stated to Council that she had submitted plans last year for a low-rent housing project, but had been discouraged by the Planning Department based upon our opposition to affordable housing. Council directed staff to respond in one week. RECOMMENDATION: That Council accept the report and direct the Community Development and Planning Departments to explore the advisability of developing an SRO zone and/or standards. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Ms. Regina Hickey, who owns property which is zoned R-3 and located near the north end of Chula Vista along Fourth Avenue as well as commercially C-C zoned property located in the same general area along Third Avenue extension, has been in contact with the Planning Department over the last year and a half seeking development of both properties. Ms. Hickey sought and received approval for 14 additional one-bedroom apartment units for her property at 21 Fourth A venue, with eight of those units recently constructed and an additional six units presently under construction. Ms. Hickey's basic contention is that the City's standard for a one-bedroom apartment unit, minimum 500 sq. ft. with a requirement for 60 sq. ft. of private open space, is excessive, thus precluding her from providing affordable housing. It is also Ms. Hickey's contention that previous units built on a property approximately 20 years ago are much smaller in size and provide the opportunity for lower rents in what she has termed the affordability range, whereas the present City minimum requirement of 500 sq. ft. for a one- bedroom unit precludes her from providing rents that she considers affordable. In reviewing the project with Ms. Hickey, it was pointed out that the City allows for a 400 sq. ft. studio unit, and that the City's minimum apartment size has been existence for a number of years without previous questions raised as to the size being detrimental to providing affordable minimum standards. I~ ,1 Page 2, Item 1ft:, Meeting Date 5/11/93 With regard to Ms. Hickey's commercially zoned property, it is our understanding that her daughter made an informal presentation to the City's Housing Advisory Committee in July of last year and was informed that she could proceed with a mixed-use project involving commercial and residential use, provided that a master plan was submitted and that the project would meet all of the City's minimum housing standards. It is our understanding that as a result of that meeting, Ms. Hickey decided not to pursue that particular project. Staff has proceeded to contact Ms. Hickey by phone as a result of this Council referral to better determine her questions on her interpretation of how the City is discouraging affordable housing. During that conversation, Ms. Hickey made it clear that she is concerned with the Council's commitment of public funding to the proposed homeless shelter project at 31 Fourth Avenue, when at the same time she would like to build smaller sized units to provide a level of affordability and is precluded from doing so by virtue of the City's present minimum apartment size. It should be pointed out that staff has spent considerable time and effort working with Ms. Hickey and her representatives to evaluate these development proposals and to resolve the various issues raised by her with respect to the City's development regulations and review procedures. We have also explained in detail to Ms. Hickey the options she has in changing or contesting the regulations with which she takes exception, or in appealing interpretations by staff or decisions of the Design Review Committee. At no time did staff suggest that we are less than supportive of efforts to provide decent, low-cost housing within the City. Ms. Hickey's contention is that the City's development standards, such as unit size, landscaping, open space, parking, and so on, make it economically infeasible to provide affordable housing by the private sector. Most notably, Ms. Hickey has accused the City Council, and various City staff members of being opposed to low-cost housing because the Municipal Code establishes a minimum size for apartment units. Prior to 1969, the City required a minimum of 400 sq. ft. for any apartment having two rooms and 500 sq. ft. for three rooms. The ordinance was modified in 1969 to reflect the present standards. These are: the previously referred to 400 sq. ft. for a studio and 500 sq. ft. for a one-bedroom; in addition, 600 sq. ft. is required for a two- bedroom, and 750 sq. ft. for a three-bedroom unit. Ms. Hickey has been informed by staff that these are generally undisputed and supportable minimums for sound, liveable apartment units which have been met without question by every private or public low-income housing project with which we are familiar. It has also been stated to Ms. Hickey that the City's housing policies as reflected in the Housing Element of the General Plan provide that "low and moderate income households are entitled to the same residential and environmental amenities as those which are standard to other families, and that scaled down amenities and qualities build slums, and therefore must be carefully avoided... " Ib~'J.... Page 3, Item I tr., Meeting Date 5/11/93 Nevertheless, it has also been pointed out to Ms. Hickey that the City Code provides for exceptions from the normal development standards where it has been shown that liveability and environmental quality can be maintained. Appropriately located senior density bonus projects for low- and moderate-income seniors, for instance, have been found to require less parking and somewhat smaller than average units--although none as yet have been proposed below the minimums noted above--and thus exceptions to the density, parking and other development standards have been granted by conditional use permit for such projects. With respect to her own properties, Ms. Hickey has been apprised of her ability to apply for variances from the development standards; that she can appeal decisions of staff or the Design Review Committee with respect to issues not subject to the variance process, such as design requirements; and that she may propose and perhaps underwrite consideration of proposals to modify the development standards as they apply to apartments or SROs. She has chosen not to pursue any of these options. The Community Development and Planning Departments could examine the appropriateness of a single-room occupancy ordinance and/or standards that might be applied to a project as well as determining whether or not ordinances need to be modified to encourage such housing. FISCAL IMPACT: Not applicable. (hickey.al13) 1~-3 ~l\P Dear Mayor and Councilmembers: (619) 420-3620 / 9790 / 5051 _,~_.__......,"," ,,~"'__"~' ..... ,"'c" -,' .'\ \Ul JL1\ I UU~;';'Oi:~j \ C'c.:.Li\ \ ,_,1~____'" 315 4th Avenue, Suite E . Chula Vista . CA 91910 . May 10, 1993 Mayor Tim Nader and Councilmembers City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 I am writing in response to statements made by Mrs. Regina Hickey in a letter dated May 7 and in some of her previous correspondence. + Mrs. Hickey claims that South Bay Community Services (SBCS) has not heeded the concerns of Mr. and Mrs. Woods, neighbors of Casa Nuestra. Our staff has met repeatedly with the Woods and addressed their concerns. The Police Department has had to visit the Woods regarding threats to Casa Nuestra staff and residents. + No claim was made that Mrs. Hickey' s neighborhood is "declining". + SBCS plans to hire an experience property management company. + SBCS has worked with City staff, the Ecumenical Council, and service agencies to find an appropriate project site. This site was chosen after researching over 35 other possibilities including bank foreclosure properties, motels, abandoned buildings, and apartments. + SBCS residents, questions, staff has met with Ms. Hickey, Mr. Klein, prope~ty and neighbors; listening to their concerns, answerJ.ng and providing materials which they have requested. + SBCS suggested give SBCS staff did hear Mrs. Hickey' s offer of assistance and ways she might help us. She refused, instead offering to money to find a different project site. + SBCS has accessed, and will continue to raise, private funds to leverage the government dollars being utilized for site acquisition. If you have any questions regarding this information, please do not hesitate to call me at 420-3620. n ly, (2-G~. ?' ?V kk----- ~""""'" a hryn mbo . E ecut' e Director cc: Regina Hickey David Harris Bernita Sipan UnlttldWIIU of San !>ego Cou1ly Bob Leiter Hart Klein OWner, Land /~ .. Jf of China Retaurant -" \. \ ~\\~~ \, 1.0 (' ;..r- '_ (tr . }' ,j r l' (' , ".( '- '^' " -::~'I~.l<. I. May 7, 1993 It is true I have been floundering around in an effort to find some way to build on my vacant land which will also be economically feasible. The report mailed to me is from the point of view of the planning department and commencing with the third paragraph on page 2 until the end of the report, the information is simply not true. It was written to cover up what actually happened to me. The~ words in the last paragraph onl page 2 that I was informed by staff that low and moderate income households are entitled to the same residential and environmental amenities as those which are standard to other families, and that scaled down amenities and qualities build slums and therefore must be carefully avoided.." ev.--<- ,,'-'-'""C:" Tllis ia all ae',:o 1=<r--me. ~v___r ~; I IT IS VERY OFFENSIVE TO ME ,TO HAVE THE PLANNING DEBARTMENT state in their report they told me to avoid a slum. This, of course, was never mentioned as was any of the other material included in their report to you. But, I invite each one of you to visit my apartments at 21 4th Avenue. These are small units and can be rented for $425 per month. Please talk to my tenants. Ask them if they think they live in a slum. Look around, see for yourself if you would like to live in my apartments if your income was $1,000 or less a month and $425 is all the rent you can afford. I resent very much the planning department covering up the way a property owner is treated when that person goes to the planning department for information. But since you invited me here to speak, let me tell you what did happen to me: To understand what occurred, you must go back to the day I submitted a set of architect's plans to build an office building, which had been previously approved twice before by the planning department--the last time in 1984. In the interest of time, I will not disclose what actually happened to me, but anyone who is interest can meet with me in my office and I will go over the facts. Tonight, I r; ~(, , \,,;\ . , , - lA - -t-' INSERT Whoever wrote or believes in this sentence should be on Broadway as the greatest fiction writer of all times. This stereotype is simply not true. Amy Wolfe, a Jr. Planner, decided I could not bnild 400 sq. ft. apts. Over all my complaints, all planning staff up to and including the planning director plus two councilmen supported her decision. The planning department is blocking low rent housing by not making available the facts contained in the report marred to me on MAY 1. After writing pages of letters (2' reams of paper), phone calls and personal visits, I was finally granted 6 400 sq. ft. apts. by administrative decision--a token of support, I suppose, to keep me quiet. The report of May 7 is a gigantic coverup by the person who wrote the report. After owning the land since 1922, I was forced to build something I don't like, something I don't want and something I can't rent because the demand for rentals in Chula Vista is below the price I am forced to charge due to the cost of following the rules and regulations of the planning department. Ken Lee, when he called me last week, let the cat out of the bag when he said to me "the rental market fluctuates. There is a need for low-rent housing now but in a few years t~e~e wO,!l' t b,e. Chula, Vist;a ha,s eno~g.h /i' ^ low-rent housing." . /.-. /<(e ...r-o( ,^""T' -0;:....4" C-? 7/~,-.,/'..Jl-~e:, u--t:<~ ~''''-/ . ~~ .e~J, M -t...L-- ~~-"7t,-i t)~~ rf'- i:? Ivlrr <"'i>''':' {C-€fPPer77..J qg,;_ Vi {'- ~~hela'r"a where I own my six acres is all black on \ your own deomographic map. Black means the average ~ income is between 0 and $17,000 per year. To a property owner that means rents must be in the $400 range or below. # # # At this point, I would like to address the sentence in the first paragraph on page 2. "It is our understanding that as a result of the meeting, Mrs. Hickey decided not to pursue that particular project." This sentence is proof how uninformed the planning staff can be. Actually, Robin Franklin, who was introduced to me by David Malcolm as a designer who knows what we want is working on a submittal for the vacant ground. fo-r ....._;..,~ - 2 - I will just say that after Amy Wolfe and Company got through with me, I was forced to abandon my project because it would be economically unfeasible. I was forced to abandon this project after spending $30,000 on plans and improvements. The Planning Department cares nothing about this. I was told at the counter of the planning department my trouble was I hired a San Diego architect and the planning department prefers local architects. I hired John Nash, in business in Chula Vista for 30 yea~, to copy my design for 400 sq. ft. low-cost apartments similar to the 26 I now own. He came back and told me that Amy Wolfe told him the planning department would not accept a plan of less than 500 sq. ft. plus a balcony. He told me I would have to have one and one-half parking spaces for every unit" including the existing ones plus the new ones. John Nash told me the General Plan had been amended to reduce my units from 59 to 40 which meant I could build only 8 more units, 500 sq. ft. plus a balcony~ ~ ~ Ra.-t. My daughter contacted both Councilman Moore and CouncilmanMa~~ and learned from them that Chula Vista did not want low rent housing, they wanted moderate rent housing. It seemed I had no recourse since Amy had not explained to John Nash there was such a thing as appeals, etc. John Nash told me if Amy didn't like it, I couldn't build it. Having gone though Amy Wolfe and her design review board on the office building, I decided I was just stuck and wished I did not own the property so I could just walk away. But I couldn't. I had a contractor ready to go. I had money in the money market funds drawing 2% and I had need of additional income to pay the tuition on my three grandchildren~s eduction. John Nash drew the plan for the 8 units according to Amy's design in order to get her approval. ,:" 1::,", T \ (,r <6 - 3 - To my surprise, I learned in July of 1992, the City Council voted funds to purchase 17 4th Avenue for a sum of $750,000 plus tax incentives to the seller. Title would be vested in the south Bay Community Services, Inc. These apartments would be rented to low income people, 60% of the rent to be paid for by H.D.D. In 30 years, the SBCS would own 17 4th Avenue free and clear, a gift from the Federal govern- ment and from the City Council. All my efforts to learn why the Planning Department would prohibit the private sector from building low-rent housing and right next door on the same subdivision (Parcel Map 127) the City Council would purchase an aging, delapidated build- ing for the same purpose I was denied, met with no avail. I never received a sensible answer to my question and I am still pursuing the inequality of the decisions of the City Council and the Planning Department. However, in attempting to get an answer, my daughter did meet David Harris of the Chula Vista Redevelopment Dept. David told her she could apply for a density bonus for the vacant land at 21 4th Ave. I was attempting to process such an application, when my daughter was invited to a meeting with David Harris, Mr. Leiter, Steven Griffin and possibly others. At this meeting, Mr. Leiter told her that I could build six more units of 400 sq. ft. next to the 8 under construc- tion; OR, I could proceed with my application for the density bonus. THIS WAS THE VERY FIRST TIME I WAS TOLD 400 sq. ft. was legal. Before that it was 500 sq. ft. plus a balcony. My daughter and I talked it over and decided to accept the six 400 sq. ft. because Mr. Leiter told her at his meeting that the density bonus might be denied. THIS IS THE ENTIRE BASIS OF MY COMPLAINT AGAINST THE PLANNING DEPARTMENT. Amy Wolfe did not tell the truth; nor did any supervising staff tell the truth, nor did the Planning Director tell the truth. I would like to point out to you that I have been economically damaged by Amy Wolfe and Company when she gave John Nash the wrong information. SHE DID NOT GIVE THE INFORMATION CONTAINED in the report of May 7th. Far \~~~ - 4 - from it. Had Amy Wolfe told John Nash THE TRUTH, I would have built 400 sq. ft. apartments like the ones I have owned for forty years and this issue would never have come up. I knew I could not rent 500 sq. ft. apts. plus a balcony in Chula Vista, but I was given NO ALTERNATIVE. It was what Amy wanted, or nothing. The 8 units were started when Mr. Leiter gave me~ ~ ~ -$;; ~d- >< 00 "d 1'/"!lf ~ .,t :>00 ~-I----'~ a_f&-~~ Of course~there was/no p1anning possible after I built 8 units~nd then tried to squeeze in 6 more. I spent $100,000 needlessly which I will never be able to recover and the 14 units T c, "". _L are built on the wrong place on the lot. I TELL YOU UNEQUIVOCABLY THERE ARE NO WRITTEN STANDARDS upon which a property owner can rely. The only contact at the time I wanted to build low- rent housing was to speak verbally with Amy Wolfe and she told me what I could and could not do--also verbally. No written material whatsoever was handed to me. In- structions were all verbal. The information was never shown to a files and applied to of its existence. contained in the report of May 7 property owner. If it was in the my application, I was never advised Insert #3. With regard to the City Council voting $720,000 plus $200,000 plus up-grades to purchase 31 4th Avenue (also a part of Parcel Map 127) and to vest title in the name of the South Bay Community Services, Inc, as a drop house for the homeless (and if that doesn't work out, they will use it for low-rent housing, HUD to pay 60% of the rent), that decis~on is being vigorously oppos~d by Hart Klei,n, ~and d-.- ~ of Chl.na Restaurant, myself and . L _. -;?te ~"'-lror-,'""t ~ 1- ~ ~ <>- l".J'!" ~ ~~ c'" 0 >>f-r\".r-_~ ~ v ~I WO~LD LIKE TO STAND HERE AND OBJECT TO YOUR DOUBLE STANDARD. Either you do not know what goes on in the planning department on a daily basis; or you support it. In either case, drastic change is indicated if you are going to serve the people who elected you to serve them. Insert #2 Obviously, after reading the report mailed to me, it is apparent your Planning Department needs an over-hauling so the type of information written in the report is available to a property owner BEFORE THE PLANS ARE DRAWN. tC; to ~ 'i-- ::z:f.-...-. ::.~ ~c-:.~ ~ i<-.- ~cf. "'l.~ ~ -01..-......( .-c-, ~ ~ J- . . n . Insert #3 I'd like to tell you the- truth. If I had been allowed to build 400 sq. ft; T" 1:6-- In 'i - 1.____1 lJ 0, if Amy Wolfe had not been allowed to practice architecture at the counter of the planning department, I could have designed a very attractive addition to my existing ~. units of low rent apartment, which would be a credit to Chula Vista and I would not be standing here tonight trying to get your attention. Please, all five of you come and see a very well run, private sector low-rent housing complex at the entrance of your city. You will see I am providing a very necessary service to your community. This complex has been built and operated without one penny of public funds. I don't come to the Council, as SBCS, Inc, does requesting funds to buy and operate low rent housing. You gentlemen are blinded by the fact that you ;hink a maze of agencies--the City Council, the Planning Department, the Redevelopment Office, the SBCS. Inc".andrH.ll. D. can do a better job than the private sector can do. Free, private enterprise always does it better because it is motivated by the profit incentive. Free, private enterprise has made America ~he finest nation on the face of the earth. Du~ing the war I was head of tenant relations at the Olivewood Housing Authority in National City. I was graduated with distinction in the Department of Economics at S. D. State. I have been proyiding low rent housing for Chula V~sta for 40 years. The Villa Vista Apts. is not a slum, as Ken Lee, hinted in his report to you. It is a very well run business providing a ne&essary service to this city. The operation of this business was changed when the Planning Department began to make my decisions for me. I say to you the planning department does not plan. The planning department operates to justify what they are doing and they are not in touch with reality. Clean up the Planning Department, clean up the Redevelp- ment Office, stop funding the SBCS, Inc and LET THE PRIVATE SECTOR DO IT. TRY IT--YOU'LL LIKE IT. t {o--- \ \ - 4A - Insert #2 At this point, I would like to say that David Harris is the one city employee who is friendly and who gives pertinent information to an applicant. David Harris told me the reason the City Council buys up these old buildings to house the poor and the homeless is because they only have tOlup-dpteGtbe~inside and-can by-pass the design review board, up-grade parking and landscaping, etc. Now, I ask you? Is that a double standard or what? The private sector cannot buy one of these buildings because they do not have access to public funds and HUD does not pay 60% of the rent. The City Council is competing with the private sector with unfair advantages. tG/\~ ~ - 5 - THE ...k-r ~ .IL. should be revealed and NOT AFTER some buildings are started. before Amy's sole responsibility should be to hand out a printed outline of planning department rules and regulations which will be enforced equally to all applicants. When I complained to Robin Franklin about favoritism with regard to planning rules and sign regulations, he said to me "unfortunately, it is true". When a licensed building designer or architect submits a set of plans which comply with the printed outline handed out by the planning department, the plans should be accepted and turned over to the building department. There should be no room for a clerk to interject a personal opinion. Thousands and thousands of dollars are being wasted unnecessarily. If it isn't in writing, if it isn't handed out to the property owner at THE VERY FIRST CONTACT, then there should be NO SUBJECTIVE OPINIONS BY PLANNING STAFF. I have addressed a rather lengthy letter to each of you which you can read at your leisure. But, I tell you that with regard to my vacant parcel on 3rd !venue, it will stay vacant until the Planning Department comes up with some cooperation to allow me to build something which I think is pretty and which is economically feasible to build and to operate. I would rather keep the land vacant than ruin it with something Amy wants. I say to each of you in my letter--The choice is up to you You can look at Amy's building overlooking the main entrance to your city as a monument to the inefficiency of the planning department and the inability of the planning clerks to design buildings. If I do not get some cooperation from you and the planning department, you can look at my vacant land as a monument to the wisdom of the Chula Vista City Council and the way you choose to govern your city. I don't have to build on that land. I don't have to do anything. But, I tell you the truth, I would rather grow weeds 16 ~{3 - 6 - than go through the hardship of dealing with the planning department in its present form. That department put me through hell in the last three years and no amount of money in the world will convince me to build anything in Chula Vista until the form of government of the City changes to be business friendly and the planning department prints up standards which cannot be changed by every clerk who is hired to work there. I am handing you a copy of the report mailed to me. I have underlined the statements which are not true and I have earmarked the paragraphs which do not co- incide with my personal experience at the planning department. I am also handing you a copy of my remarks at the Council meeting tonight so the record will show the actual treatment of one property owner by the Plan~ng Department. , ~ ~ ~ <.f'.? ~---t.,. ==- r~-"- ,Their~reatment of me and their refusal to allow me to ad~m; $z;. low-rent units which has provided the City of Chula Vista with low-rent housing free of all public subsidy is the basis of my objection to the City Council giving one more building to the South Bay Community Services Inc. to be operated either as a shelter for 50 homeless or in later years to be rented out to low-income tenants, HUD to pay 60% of the rent. If the private sector can't do it; then my position is the public sector should not do it with tax payers money, given the trillions of dollars national deficit which exists today. ~-r .,. '1' Thank you for your courtesy. Regina Hickey 21 4th Avenue Chula Vista CA 91910 420-3869 cc: City Clerk (to be made part of the permanent record of the meeting of the City Council on Tuesday, May /I , 1993). IG---l4 J G- /S INSERT #4 Isn't it interesting that M ' learned today on T d r. Kleln and myself MO ' ues ay morning th M lller, who had been assi d ' at r. Martin conditional use permit fo;n~BC~o process the had been replaced by Amy Wolfe.' Inc. at 31 4th This almost border upon harassment. Does Amy get what Am wa ? or does the City C y 'lnts, to quote John Nash' 1 ounCl mandate th t 11 ' ru es be IN WRITING d a a planning , an made availabl t lnquiring at the counter b e 0 anyone ~nd THAT ALL PLANNING STA;Fo~t prop?s~d projects lnterpreting any inquiries e prohlblted fr?m for approval. or any plans submltted ~. rv-<::( ~ .R r -t:5 -Z~ tP-1 ~ . ~~~~~~~:1 ~~~6 <"- '0 CJ'-o- ~ ~--{) ,9 , ~ ~ w~ CV'T'~ c~.~?~ ~~~~~~~ "'~ ~ r<.-"~ 1 M 0 --; ~.~ ~;s~~ ~~. ~ ~ ~~-\. 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ClCA-::.t L~ < '~~ ~ z:L.=--' a-v"'a- J~---- t yr ~J--~J.----. . qJ2.?-- U----"-- )_'- ?f~-y:::r- ~_-/.....~ ~~ ~.C~ / c).~ W ~_.. .. ~..yJ'-_~" 9 a-,...-~ . .'-c~,-r-i-<-[~ 7<- '--*'" /J'. 1.- '7'>>--'...(.. (( -~. r; __ "- ~j -::t:;,' T ;,..J.JL a.'VI/v.' ,--;t::.J-e.. ,e, c;---- l .--/} tV _ -- '-.:.!>-<-<- -.. ,. ~ . ,- "Z~<------ l[;;' 0 >-u::~ '-- ,/~c. I - 0 - (.., - ! --... VL--"'- -L~ lbrt~ ~~~ :- ~- : ~~~~ - - -- - - -- ClW OF CHUIA VISTA PLANNING DEPARTMENT May 7, 1993 Mrs. Regina Hickey 6677 Avenida Wilfredo La Jolla, CA 92037 Attached for your information is a copy of the staff report and recommendation on an item scheduled for City Council consideration at the meeting indicated on the report. If you wish to address the Council on this matter, you should plan to be present at the meeting which is held in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue, Chula Vista. Please note that the meeting held on the first Tuesday of each month is scheduled at 4:00 in the afternoon. Meetings for the other Tuesdays of the month are scheduled for 6:00 p.m. If you have any q~estions pertaining to this matter, please call (619) 691-5101. fL/4 ~ Robert A. Leiter Di rector of Pl an,'i ng /nr Attachment cc: lG~17 276 FOURTH AVENUE/CHULA VISTA. CALIFORNIA 920101(619) 691-5101 ; t v'~ J, .,.-tt,.'." ' ," < I .-ft;. , j,ke'" '.,.' ' . COUNCIL AGENDA STATEMENT Item Meeting Date 5/11/93 ITEM TITLE: Report: Response to Statement by Ms. Regina Hickey That Staff has Discouraged an Affordable Housing Project 0:/. ~ Director of Planning; / / )I(v"~ I ~ '. . >- \ . i" ,. f ' J City Manager (4/5ths Vote: Yes_NoJO SUBMITTED BY: REVIEWED BY: At the Council meeting of May 4, 1993, Ms. Regina Hickey stated to Council that she had submitted plans last year for a low-rent housing project, but had been discouraged by the Planning Department based upon our opposition to affordable housing. Council directed staff to respond in one week. RECOMMENDATION: That Council accept the report and direct the Community Development and Planning Departments to explore the advisability of developing an SRO zone and/or standards. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Ms. Regina Hickey, who owns property which is zoned R-3 and located near the north end of Chula Vista along Fourth Avenue as well as commercially C-C zoned property located in the same general area along Third Avenue extension, has been in contact with the Planning Department over the last year and a half seeking development of both properties. Ms. Hickey sought and received approval for 14 additional one-bedroom apartment units for her property at 21 Fourth Avenue, with eight of those units recently constructed and an additional six units presently under construction. Ms. Hickey's basic contention is that the City's standard for a one-bedroom apartment unit, minimum 500 sq. ft. with a requirement for 60 sq. ft. of private open space, is excessive, thus precluding her from providing affordable housing. It is also Ms. Hickey's contention that previous units built on a property approximately 20 years ago are much smaller in size and provide the opportunity for lower rents in what she has termed the affordability range, whereas the present City minimum requirement of 500 sq. ft. for a one- bedroom unit precludes her from providing rents that she considers affordable. In reviewing the project with Ms. Hickey, it was pointed out that the City allows for a 400 SQ. ft. studio unit and that the City's minimum apartment size has been existence for a number of years without previous questions raised as to the size being detrimental to providing ~ffnrcl~hl,. miniTQllJll standards. () vf5-, I (/L..,J'- _' A , \.,~(-- \..f o-~ lb---l8 Page 2, Item Meeting Date 5/11/93 With regard to Ms. Hickey's commercially zoned property, it is our understanding that her daughter made an informal presentation to the City's Housing Advisory Committee in July of last year and was informed that she could proceed with a mixed-use project involving commercial and residential use, provided that a master plan was submitted and that the project would meet all of the City's minimum housing standards. It is our understanding that as a result of that meeting, Ms. Hickey decided not to pursue that particular project. J~<Y' f,.j~( ) Staff has proceeded to contact Ms. Hickey by phone as a result of this Council referral to better determine her questions on her interpretation of how the City is discouraging affordable housing. During that conversation, Ms. Hickey made it clear that she is concerned with the Council's commitment of public funding to the proposed homeless shelter project at 31 Fourth Avenue, when at the same time she would like to build smaller sized units to provide a level of affordability and is precluded from doing so by virtue of the City's present minimum apartment size. It should be pointed out that staff has spent considerable time and effort working with Ms '\. Hickey and her representatives to evaluate these development proposals and to resolve the various issues raised by her with respect to the City's development regulations and review procedures. We have also explained in detail to Ms. Hickey the options she has in changing or contesting the regulations with which she takes exception, or in appealing interpretations by staff or decisions of the Design Review Committee. At no time did staff suggest that we are less than supportive of efforts to provide decent, low-cost housing within the City. Ms. Hickey's contention is that the City's development standards, such as unit size, landscaping, open space, parking, and so on, make it economically infeasible to provide affordable housing by the private sector. Most notably, Ms. Hickey has accused the City Council, and various City staff members of being opposed to low-cost housing because the Municipal Code establishes a minimum size for apartment units. Prior to 1969, the City required a minimum of 400 sq. ft. for any apartment having two rooms and 500 sq. ft. for three rooms. The ordinance was modified in 1969 to reflect the present standards. These are: the previously referred to 400 sq. ft. for a studio and 500 sq. ft. for a one-bedroom; in addition, 600 sq. ft. is required for a two- bedroom, and 750 sq. ft. for a three-bedroom unit. Ms. Hickey has been informed by staff that these are generally undisputed and supportable minimums for sound, liveable apartment units which have been met without question by every private or public low-income housing project with which we are familiar. It has also been stated to Ms. Hickey that the City's housing policies as reflected in the Housing Element of the General Plan provide that "low and moderate income households are entitled to the same residential and environmental amenities as those which are standard to other families, and that scaled down amenities and qualities build slums, and therefore must be carefully avoided... " / / '; /, II '. \ ",J'- :-- u - .- \'-. .... " (Iv". ~. . lb---t4 ~'~. . " " ~ , , Page 3, Item Meeting Date 5/11/93 Nevertheless, it has also been pointed out to Ms. Hickey that the City Code provides for\ exceptions from the normal development standards where it has been shown that liveability and environmental quality can be maintained. Appropriately located senior density bonus projects " for low- and moderate-income seniors, for instance, have been found to require less parking and ' somewhat smaller than average units--although none as yet have been proposed below the minimums noted above--and thus exceptions to the density, parking and other development standards have been granted by conditional use permit for such projects. With respect to her own properties, Ms. Hickey has been apprised of her ability to apply for variances from the development standards; that she can appeal decisions of staff or the Design, Review Committee with respect to issues not subject to the variance process, such as design! requirements; and that she may propose and perhaps underwrite consideration of proposals to modify the development standards as they apply to apartments or SROs. She has chosen not to pursue any of these options. The Community Development and Planning Departments could examine the appropriateness of a single-room occupancy ordinance and/or standards that might be applied to a project as well as determining whether or not ordinances need to be modified to encourage such housing. FISCAL IMPACT: Not applicable. (hickey.al13) \. b/?J) " j '\l r." '. '''\, .~ ~ \\ N y:< '..J .,,'., I~f '\i \l ri ,.,\ ..~. '\'} COUNCIL AGENDA STATEMENT Item I? Meeting Date 5/11/93 ITEM TITLE: PUBLIC HEARING: PCZ-93-F- Consideration to prezone 1.05 acres located at 4045 Palm Drive to Residential Estate (RE)- Chia Chen and Chuang Chu. Ordinance ~S>7APproving PCZ-93-F SUBMITTED BY: Director of Planning ;f!!!t '1< City Manager b 1[, X""' (4/5ths Vote: Yes_NoA) REvmWED BY: The proposal involves the prezoning of an existing 1.05 acre vacant parcel located at 4045 Palm Drive to the City's Residential Estate (RE) zone to facilitate construction of a single family residence through provision of City sewer service. The site is presently zoned County Rural Residential (RR1). The Environmental Review Coordinator conducted an Initial Study (IS-93-15), and based on the attached Mitigated Negative Declaration and Addendum, has concluded that there would be no significant environmental impacts created by this proposed prezoning, and recommends adoption of the Mitigated Negative Declaration and Addendum on IS-93-15. RECOMMENDATION: That the City Council 1. Adopt the Mitigated Negative Declaration Addendum prepared under IS-93-15. 2. Introduce for first reading ordinance approving PCZ-93- F . BOARDS/COMMISSIONS RECOMMENDATION: On April 21, 1993, the Planning Commission held a public hearing on and voted 6-0 (1 absent) to recommend that Council approve the request in accordance with resolution PCZ-93-F (Planning Commission minutes attached). DISCUSSION: The subject property is one of the last remaining in-fill lots in an area developed with single family detached custom homes. The land uses to the north and west of the property are single family dwellings, with open space to the south and east, and single family dwellings beyond (see /7" ) Page 2, Item /7 Meeting Date 5/11/93 Exhibit A). The applicant desires to build a single family dwelling on the site, and could theoretically do so under existing County zoning. However, the site's steep topography is not conducive to a septic system thereby necessitating connection to the City sewer. A City sewer exists in Palm Drive and is already serving some of the homes in the inunediate vicinity, and can be extended to serve this property. The City's Sewer Policy (570-02) provides for such extensions and requires annexation where such is feasible, as in this instance. The property owner has agreed to the terms of the Policy, and is processing an annexation request with LAFCO. LAFCO policy requires the City to prezone the subject property prior to annexation. FINDINGS: The proposed "RE" prezoning is consistent with the City of Chula Vista General Plan designation of Low Density Residential (0-3 du/acre), and the surrounding zoning and land use context. Public necessity, convenience, general welfare, and good zoning practice also support the prezoning to the Residential Estate (RE) zone. FISCAL IMPACT: Not applicable (F: \home\planning\pcz93f.cag) J 7';1. ORDINANCE ,;,..('5'; AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA PREZONING 1.05 ACRES LOCATED AT 4045 PALM DRIVE TO THE RESIDENTIAL ESTATE ("RE") ZONE, AND MAKING NECESSARY FINDINGS. WHEREAS, the subject property located at 4045 Palm Drive and consisting of approximately 1.05 acres ("Property") is currently within the County of San Diego and proposed for annexation to Chula Vista; and, WHEREAS, the subject prezoning is requested in conjunction with the proposed construction of a single family residence on said property; and, WHEREAS, due to conditions on the property adverse to a septic system, construction of that residence requires the provision of sewer service from the City of Chula Vista; and, WHEREAS, pursuant to City Sewer Policy 570-02 the extension of sewer service requires annexation where such is feasible, as in this instance; and, WHEREAS, the property is currently owned by Chia Chen and Chuang Chu, who have consented to the annexation of the property to the City of Chula Vista; and, WHEREAS, a duly verified application for prezoning was filed with the Planning Department of the City of Chula Vista on December 9, 1992; and, WHEREAS, the prezoning of said property is required by the Local Agency Formation Commission prior to the annexation of the property to the City; and, WHEREAS, it has been determined that the proposed prezoning will not have a substantial negative effect on the environment, and the City's Environmental Review Coordinator has issued a Mitigated Negative Declaration and Addendum under IS-93-15; and, WHEREAS, a duly noticed public hearing was held by the Planning Commission was held on April 21, 1993, and from the facts presented the Planning Commission has determined that the prezoning is consistent with the City of Chula Vista General Plan, and that public necessity, convenience, general welfare, and good zoning practice support the prezoning to RE; and, WHEREAS, the Planning Commission by a vote of 6 to 0 (1 absent) recommended that the City Council approve this application. NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Chula Vista does hereby find, determine, and ordain as follows: SECTION I. That the Mitigated Negative Declaration and Addendum under IS-93-15 17~ :3 Ordinance No. .2~5'7 Page 2 which was prepared in accordance with the provisions of CEQA, the guidelines promulgated thereunder, and the City of Chula Vista Environmental Review Procedures, is hereby adopted. SECTION II. That the proposed prezoning is consistent with the City General Plan, and that public necessity, convenience, general welfare, and good zoning practice support the prezoning to City's Residential Estate ("RE") zone. SECTION III. That the zoning map or maps established by Section 19.18.010 of the Chula Vista Municipal Code are hereby amended to prezone the property Residential Estate, to wit: RE, as reflected on Exhibit B attached hereto and made a part hereof (exhibit A omitted), to become effective only upon annexation of the property to the City of Chula Vista. Presented by Approved as to form by Robert A. Leiter Director of Planning Bruce M. Boogaard City Attorney 17"1,/ Ordinance No. /).,5'5') Page 3 PASSED, APPROVED, and ADOPTED by the City Council of the City ofChula Vista, California, this 11th day of May, 1993, by the following vote: AYES: Councilmembers: NOES: Councilmembers: ABSENT: Councilmembers: ABSTAIN: Councilmembers: Tim Nader, Mayor ATTEST: Beverly A. Authelet, City Clerk STATE OF CALIFORNIA ) COUNTY OF SAN DIEGO) ss. CITY OF CHULA VISTA) I, Beverly A. Authlet, City Clerk of the City of Chula Vista, California, do hereby certify that the foregoing Ordinance No. had its fIrst reading on May 11, 1993, and its second reading and adoption at a regular meeting of said City Council held on May 18, 1993. Executed this 18th day of May, 1993. Beverly A. Authelet, City Clerk (F: \home\planning\pcz93fcc. ord) /705//1- {, LAKES. PCZ-93-30 EXISTING ZONING AND LAND USE Reque~t for prezoning of 1.05 acres to the City's "Residential Estate (RE) zone for a proposed residence located at 4045 Palm Drive . EXHIBIT" A" I 11.-7 ,/ \ ,'EET t I 400' CITY OF CHULA VISTA PLANNING DEPT.-ADVANCE DIV. 4/5/93 C.RUI~ /. " // ~,. // ~"/ ~ '/ / , / / I / . ' I I I / I I I " I 'oJ I , , I . ........-./ " -~ MORT" c... No. Aor..: Scale: Dete: Dr..", By: Checked By: . PCZ-eS-F t.05 I HEREBY CERTIFY THAT THIS ZONING MAP WAS APPROVEO AS A PART OF ORDINANCE 8Y THE CITY COUNCIL ON tW 100' 4/13/83 C.J.f . City Clwt< ..t. ZONING MAP - EXHIBIT "B" :~ EXCERPT FROM DRAFT PLANNING COMMISSION MINUTES OF 4/21/93 ITEM 2. PUBLIC HEARING: PCZ-93-F, APPLICATION FOR PREZONING 1.05 ACRES AT 4045 PALM DRIVE TO THE CITY'S RESIDENTIAL ESTATE (RE) ZONE - Chia Chen and Chuang Chu (owners) Principal Planner Griffin presented the staff report, stating that the property owner wished to annex to the City of Chula Vista in order to obtain sewer service. In order to annex to the City, it was necessary that the property be prezoned to be compatible with surrounding uses. The density would conform with County zoning. This being the time and the place as advertised, the public hearing was opened. No one wishing to speak, the public hearing was closed. MSUC (Martin/Carson) 6-0 (Commissioner Tuchscher excused) to approve the Planning Commission resolution PCZ-93-F finding that, based on the Mitigated Negative Declaration and Addendum prepared under 18-93-15, the project will not a have a significant environmental impact and adopting the Mitigated Negative Declaration and Addendum prepared under 18-93-15; and recommending that the City Council adopt the Mitigated Negative Declaration and Addendum prepared under 18-93-15; and that the City Council introduce for first reading the draft ordinance prezoning 1.05 acres located at 4045 Palm Drive to the Residential Estate (RE) zone, and making necessary findings. /7-; 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: Consideration of application filed by Chia Chen and Chuang Chu for prezoning of 1.05 acre lot located @ 4045 Palm Drive. 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, May 11, 1993, 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: April 28, 1993 Beverly A. Authelet City Clerk / 7 ~ /2 NOTICE OF PUBLIC HEARING 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 for the purpose of considering an application filed by Chia Chen and Chuang Chu for prezoning of a 1.05 acre lot located at 4045 Palm Drive, Bonita to the City's Residential Estate (RE) zone. A plot plan and legal description is on file in the office of the Planning Department. An Initial Study, IS-93-15, of possible significant environmental impacts has been conducted by the Environmental Review Coordinator who has issued a Mitigated Negative Declaration and Addendum which are on file along with the Initial Study in the office of the Planning Department. Said prezoning is required in conjunction with a proposed annexation to the City for the purpose of constructing a single family dwelling. Any petitions to be submitted to the City Council must be received in the office of the City Clerk no later than noon of the hearing date. If you wish to challenge the City's action on this matter, 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 at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May 11, 1993 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: 4/27/93 CASE NOS: PCZ-93-F, IS-93-15 Beverly Authelet City Clerk / 7,)3 NOTICE OF PUBLIC HEARING 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 for the purpose of considering an application filed by Chia Chen and Chuang Chu for pre zoning of a 1.05 acre lot located at 4045 Palm Drive, Bonita to the City's Residential Estate (RE) zone. A plot plan and legal description is on file in the office of the Planning Department. An Initial Study, IS-93-15, of possible significant environmental impacts has been conducted by the Environmental Review Coordinator who has issued a Mitigated Negative Declaration and Addendum which are on file along with the Initial Study in the office of the Planning Department. Said pre zoning is required in conjunction with a proposed annexation to the City for the purpose of constructing a single family dwelling. Any petitions to be submitted to the City Council must be received in the office of the City Clerk no later than noon of the hearing date. If you wish to challenge the City's action on this matter, 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 at or prior to the public hearing. SAID PUBLIC HEARING WILL BE HELD BY THE CITY COUNCIL on Tuesday, May II, 1993 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: 4/27/93 CASE NOS: PCZ-93-F, IS-93-15 Beverly Authelet City Clerk COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT (ADA) The City of Chula Vista, in complying with the American With Disabilities Act, requests individuals who require special accomomodation to accesss, attend and/or panicipate in a City meeting, activity or service request such accommodation at least 48 hours in advance for meetings and 5 days for scheduled services and activities. Please contact Nancy Ripley for information or your request at (619) 691-5101. California Relay Service is available for the hearing impaired. (pcz93fch) ) 7~ / 'I ( A-~4t:; ~ co- NORTH' (P62~4? - "Ci J ) ~ . . LOCATOR( ~~s-r f"~"" ~-Z::^!~ 17-/5 ---.;;;: III-\..: 5931110100 TO~RES JOHN/PATRICIA _~~ 1! r ~ 1." ~. Bonita, CA 91902 5931110500 CHU CHIA C/CHUANG .. . J San Diego CA 92120 5931111100 LATISLAW WILLIAM B/STACEY A ~ 5931111700 DAGLAS JAMES/DEBBIE J ,. .. . u~u u..u Coronado CA 92118 5932910400 COLSON THOMAS M/CHIEKO -B 't -CA' 919-0'2 - om a 5932911800 WEAVER JAMES L/JANE L . ~~....~~_ 1 _ Bonita CA 91902 5932913200 HELFERS BERNHARD W JR/ELLEN K ~ .--- Bonita CA' 91902 5932921100 ESPANA FERNANDO/HENRIETTA ___ ~_""..v ~.~,_ _ Bonita CA 91902 5932923000 GROSSMAN DANIE~. ROLYN Ll -_......~ ~.~. Bonita CA 91902 5932923400 ARBALLO VICTOR M/OLGA M 'c _ - ... . _, Bonita CA 91902 5932923800 LEE~~ S/AMELIA D -- Bonita CA 91902 5933400300 GREY EAGLE TRUST 06-23-92 c/o Robert Anderson Tr _"UIUU~ .... Bonita, CA 91902 5931110200 ADAMS PAUL F ~02 5932910100 CORREIRA DOUGLAS~RACHAEL _~ . __......v , , Bonita CA 91902 5932910500 LUM TOM/EVA 1 ,_~....~vv Bonita CA 91902 5932911900 GREGORY JOHN R/RITA A TRS if . .....- Bonita CA 91902 5932913300 OSUMA-AGUILASOCHO NICOLAS/ ASUNA MARTHA J J _. __..... Bonita CA 91902 5932921200 WILSON LLEWELLYN JR/IRMA B -r' -' - . B. A i onlta C 91902 5932923100 MOKlKA LUIS ---.- . -] T Bonita CA 9"0 5932923500 ECHOLS BRUCE E/V ALENE Bon ita J7---/~ 5932924300 SCHMIDT. MICHAEL A/KIM Y Bonita CA 919 5933400400 ~ Chula Vista CA 91911 5931110300 ~J San Francisco CA 94108 5931110800 STAHLEY RICHARD H TR ~2166 5931111500 WEST HAROLD D/ANNE M ~ onita CA 919U2 5932910600 GUADERRAMA ROBERT S/PATRICIA M ~ 5932912200 NGUYEN TRUYEN THAI/DZUNG TRIEU ~ 5932920900 HUNTER GAIL D/REGINA W ,~n ~ _ -- . _ Bonita CA 91902 5932921300 BUTTERS SHARON L ~t~a CA - 91902 J :>932923200. ~RECKE FR~GILDA R 11- ^ Bonita CA 91902 5932923600 GAR C I A---8l:IE.L.I.8. ~ Bonita CA 91902 5933400100 ~E L/MARISOL ~u9i9~~ 5933400500 QUESNELL GERALD J/NANCY I .J~~^ ,'u.uu~ vO ~ita CA 91902 5931110400 BROWN RICHARD B/BARBARA S 41'- ,",m"" Bonita CA 91902 5931111000 PARENT RUBERT/MONTGOMERY-PARENT GWENETH "';_v,-I"'alln--ur Bonita CA 91902 5931111600 SHAW WALTER M/MARIA A ~ ^ v" .~u _ onita CA 91902 5932910300 BORDI JOSEPH/MURIELLE N ~A.1 f": Bonita CA 91902 5932911700 KIEPLER DAVIn/ASTRID - _ ....1 ~\,oll"........_ Bonita CA 91902 5932921000 P H H HOMEQUITY CORP FILE #1909-32072 ~all''''''_rr..''''V''"_ Oakbrook IL 60521 5932922800 GRUBITT HAYDEN J/PAULA L II .__.","v ~,~._o Bonita CA 91902 5932923300 ARTIM ERNEST R/BARENO JUDY A ~ u. "'IroiiT'ta CA 91902 5932923700 ALCALA JOAN/GUADALUPE Bonita CA 91902 5933400200 SANMARTIN RAOUL/ELENA 1Pn'ita CA 91902 Mr. Al Salyi c/o Mrs. Nancy Chu _ "'VU"__.v ~ Chula Vista, CA 91910 /7/ I 7 . e . April 29, 1993 TO: The Honorable Mayor and Members of the City Council Bob Leiter, Director of Planning#t ilO) Douglas D. Reid, Environmental Review CoordiE VIA: FROM: SUBJECT: Effect of Gnatcatcher Listing on Development Projects On March 25, 1993, the U.S. Fish and Wildlife Service (USFWS) listed the California Gnatcatcher as a "threatened" species under the Federal Endangered Species Act. Effective immediately, the listing prohibits anyone from "taking," through development activity, a gnatcatcher or occupied gnatcatcher habitat such as coastal sage scrub. The USFWS may, however, define conditions associated with certain land-use activities under which take of a gnatcatcher would not be a violation of the Endangered Species Act. As a result of the listing, "pipeline" projects in the City which have previously completed the environmental review process must undergo additional environmental review if the project could potentially impact gnatcatchers or coastal sage scrub vegetation. The USFWS could require significant modification to such projects. An addendum to IS-93-15 Chia Chen and Chuang Chu Residence has been prepared to assess biological impacts to the site in light of the listing of the gnatcatcher. In order to comply with federal regulations, the project applicant must confer with USFWS to determine appropriate mitigation prior to the issuance of any grading permit. Until such time a specific regulatory process is established governing the loss of coastal sage scrub habitat, all project applicants in such cases must consult with USFWS regarding development of their site. City staff will work closely with project applicants and USFWS to resolve such situations as expeditiously as possible. In addition to the new biological mitigation required, mitigation to off-set incremential water impacts resulting from the project was inadvertently omitted from the Mitigation Monitoring Program (MMP) which was sent to the Planning Commission. Appropriate wording has now been added to the MMP. gm:\ccgntchu.mem ~. 17-lt - /- . f " \ mitigated negative declaration PROJECT NAME: Chia Chen and Chuang Chu Residence PROJECT LOCATION: 4045 Palm Drive ASSESSOR'S PARCEL NO. 593-111-05 PROJECT APPLICANT: Chia Chen Chu CASE NO: IS-93-15 DATE: January 4, 1993 A. Proiect Setting The site is a 1.05 acre sloping, north-facing hillside of nearly 2 to I slope. The elevation change from one end of the lot to the other is approximately 100 feet. The site is vacant and covered with native brush and grasses, although plants associated with residential landscaping, such as ice plant, are encroaching onto the site (see Section E, Biologv, for more detailed description of site vegetation). An abandoned car is located on the northwest comer of the site. ........"" To the south, single-family homes line the top of the slope. East of the site is a vacant, shrub-covered slope. One single-family dwelling is to the west, and to the north a vacant, flat drainage plain occurs. A natural, vegetated open space easement exists to the east. An easement designed for installation of a water main runs across the open space area above and to the southwest of the site. The easement has been severely encroached upon by non-native plants and contains no sensitive resources. . B. Proiect Description The proposed project involves the construction of a 6,295 square foot single family home. The two-story house will have eight bedrooms and 5 parking spaces. Approximately 1,064 square feet will be graded, with 373 cubic yards excavated, and 557 cubic yards of fill placed on site. Associated discretionary approvals required include a prezoning to the City's Residential Estate (RE) zone, and annexation to Chula Vista. In addition to construction of the residence, a water main will be installed to provide water service to the proposed project. This line will likely be located in a private easement owned by the applicant. The easement runs through an open space area above the site to the southwest. If in consultation with the Sweetwater Authority, the existing water main in Palm Drive is extended instead, it is not anticipated to have any adverse ........ ~ {ft.. 17 -[ q ~L-:: - city of chula vista planning depertment em OF envlronmentel review ..ctlon. CHUIA VISTA -c2- . . . environmental impacts, as Palm Drive is currently developed and does not contain any natural resources. C. Compatibilitv with Zoning and Plans The site is currently in the County of San Diego, zoned Rural Residential (RR-l), which permits the construction of one single-family dwelling per acre, such as the current project proposes. The project involves annexation to the City of Chula Vista and a prezone to the City's Residential Estate (RE) zone. The RE zone is analogous to the County's RR-l zone, allowing essential1y the same single-family uses. Thus, the prezoning does not substantially change the allowed use or increase the permitted density of the parcel. The proposed residential unit is consistent with the RE zone. The General Plan designation of the site is Low Density Residential (0-3 dulac). The project is also consistent with this designation. D. Compliance with the Threshold/Standards Policv 1. FirelEMS The Threshold/Standards Policy requires that fire and medical units must be able to respond to calls within 7 minutes or less in 85% of the cases and within 5 minutes or less in 75% of the cases. The City of Chula Vista has indicated that this threshold standard will be met, since the nearest fire station is 2 miles away and would be associated with a 6 minute response time. The proposed project would comply with this Threshold Policy. The project site is currently served by the Bonita Sunnyside Fire Protection District (BSFPD). Upon annexation, the project site would be detached from BSFPD, and fire protection services would be provided by the City of Chula Vista. However, under the City's automatic aid agreement, the BSFPD, as the closest fire station to the site, would likely service the proposed project. Due to the difficulty in emergency vehicles accessing the site and the lack of fire hydrants, the Chula Vista Fire Department requires that the project be equipped with a fire sprinkler system. Other requirements may be forthcoming when more detailed site and building plans are submitted to the Fire Department. 2. Police The Threshold/Standards Policy requires that police units must respond to 84% of Priority 1 calls within 7 minutes or less and maintain an average response time to all Priority 1 calls of 4.5 minutes or less. Police units must respond to 62.10% of Priority 2 calls within 7 minutes or less and maintain an average response time to al1 Priority 2 calls of 7 minutes or less. The proposed project 2 11- JJ) 3- will comply with this Threshold Policy. ""'"'"' The project site is currently in the County of San Diego, and therefore falls under the jurisdiction of the County Sheriff. Upon annexation, service will be provide by the City of Chula Vista. The Police Department has indicated that the proposed project will meet the Threshold Policy for the City of Chula Vista. 3. Traffic The Threshold/Standards Policy requires that all intersections must operate at a Level of Service (LOS) "C" or better, with the exception that Level of Service (LOS) "D" may occur during the peak two hours of the day at signalized intersections. Intersections west of 1-805 are not to operate at a LOS below their 1987 LOS. No intersection may reach LOS "E" or "F" during the average weekday peak hour. Intersections of arterials with freeway ramps are exempted from this policy. The proposed project will comply with this Threshold Policy. The proposed project would generate an estimated 10 one-way auto trips per day. The current Average Daily Traffic (ADT) on Palm Drive is not calculated, but the Level of Service (LOS) is estimated at "C" or higher. The LOS would not change as a result of the project. The ADT for Bonita Road is 26,670 currently; after project completion, the ADT would be 26,680, while the LOS would remain at "B" or better. ""'"'"' 4. Parks/Recreation The Threshold/Standards Policy for Parks and Recreation is 3 acres/! ,000 population. The proposed project will comply with this Threshold Policy with payment of Park Acquisition and Development (PAD) fees. 5. Drainage The Threshold/Standards Policy requires that storm water flows and volumes not exceed City Engineer Standards. Individual projects will provide necessary improvements consistent with the Drainage Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Policy. Existing on-site drainage consists of a brow ditch along the southern property line and surface flow to the adjacent vacant lot to the north. Improvements to drainage facilities will be required in conjunction with the grading permit process to properly redirect flow around the structure. No improvements to off- site drainage facilities are required. ""'"'"' 3 17-2-1 -1 ' . . . . 6. Sewer The Threshold/Standards Policy requires that sewage flows and volumes shall not exceed City Engineering Standards. Individual projects will provide necessary improvements consistent with Sewer Master Planes) and City Engineering Standards. The proposed project will comply with this Threshold Policy. The proposed project would generate 1 Equivalent Dwelling Unit (EDU, approximately 265 gallons) of liquid waste per day. The property is served by an 8-inch sewer line plugged at adjacent property. This line is adequate to serve the project. 7. Water The Threshold/Standards Policy requires that adequate storage, treatment, and transmission facilities are constructed concurrently with planned growth and that water quality standards are not jeopardized during growth and construction. The proposed project will comply with this Threshold Policy, with compliance to the requirements of the Sweetwater Authority. Although the Sweetwater Authority has indicated that currently there is not a water main fronting the property, the proposed project includes installation of a water line in a previously obtained easement next to the site, or extending the existing main in Palm Drive. See Section E of this document for a more detailed description of water impacts. E. Identification of Enviromnental Effects An initial study conducted by the City of Chula Vista determined that the proposed project could have one or more significant enviromnental effects. Subsequent revisions in the project design have implemented specific mitigation measures to reduce these effects to a level of less than significant. The project, as revised, now avoids or mitigates the potentially significant enviromnental effects previously identified, and the preparation of an Enviromnental Impact Report will not be required. A Mitigated Negative Declaration has been prepared in accordance with Section 15070 of the State CEQA Guidelines. Specific mitigation measures have also been set forth in the Mitigation Monitoring Program which is attached as Addendum "A". The following impacts have been determined to be potentially significant and are required to be mitigated to a level of less than significant. A discussion of less than significant impacts from the proposed project follows. 4 t"1 -,//l -~ Significant. But Mitigable Impacts """ 1. Water Availability Impacts The proposed residence is within the Sweetwater Authority's service area. At this time there is no water main fronting the proposed project. A letter from Richard Reynolds of the Sweetwater Authority to the City (October 27, 1992) indicates that on June 14, 1989 the Sweetwater Authority Board of Directors approved a remote service to the subject parcel. This remote service was subject to the owner obtaining a private utility easement. Because this easement was not obtained until 1992, the remote service was never installed. Due to the time period which has elapsed since then, the Authority will have to re-evaluate water service to the site. Should it be determined that a remote service is no longer feasible, based upon updated fire flow requirements, a water main extension will be required in Palm Drive (see Exhibit A). As detailed building plans are developed, the applicant must submit a letter to the Authority from the appropriate fire agency outlining fire flow requirements. Prior to the issuance of building permits, the applicant shall coordinate with City Engineering and Building Departments, and the Sweetwater Authority to determine whether the water line will be installed across the private easement as originally proposed, or the existing water main in Palm Drive extended. If the applicant provides the required fire flow information and enters into an -.." agreement for water facility improvements with the Authority, water service may be obtained at a pressure ranging from a maximum of 75 p.s.i. to a minimum of 50 p.s.i. at the meter. Adherence to all requirements of the Sweetwater Authority and City Departments regarding water availability is necessary to mitigate impacts to water service to a level of less than significant. The addition of one single family home will cause an incremental impact on water usage in Chula Vista. However, this impact would be less than significant, and could be mitigated through compliance with whatever conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance. In addition, the use of low-flow fixtures and planting drought-tolerant site landscaping could also help offset the incremental water demand. 2. Geologv and Soils/Grading Impacts The site consists of a nearly 2 to I sloping, north-facing hillside. Elevation changes between the lower and higher lot boundaries is approximately 100 feet. The slope extends upward to the south roughly 50 feet to an existing row of residential units. A vacant slope is to the east, and a northerly trending stream cut occurs on the eastern portion of the lot. A gunite brow ditch occurs just east """ 5 17-{).....3 - {; - . of the east property line. A soils report performed by Soils Testers (June 9, 1992) found a loose colluvial mixture of sand and clayey sands. The report outlines two alternative procedures for development on the site, a cut-fill pad, or drilled caissons. The report recommends the caisson supported primary structure, with minimum cut/fill grading operation, over the cut/fill building pad alternative. However, in conjunction with the building permit process, the soils report must be updated to reflect the proposed two-story structure. Adherence to all recommendations set forth in the updated report, and to all requirements of the City Engineering Department are required to ensure that soils impacts are not significant. Less Than Significant Impacts I. Schools Impacts The proposed residential development falls within the jurisdiction of the Sweetwater Union High School District (Bonita Vista High and Junior High School attendance areas), and the Chula Vista Elementary School District (Allen School attendance area). The Elementary School District has indicated that the Allen School is presently operating over capacity. . Section 65995 of the California Government Code authorizes school districts to collect fees from developers of both residential and non-residential projects. A fee of $1.65 per square foot of assessable building area is required to assist in financing facilities needed to serve students generated by new residential construction. The fees are split between the two school districts with The Chula Vista Elementary School District receiving $0.73 per square foot and the Sweetwater Union High School District receiving $0.92 per square foot. This fee is assessed for new construction and additions/remodels of over 500 square feet. One single-family home can be expected to generate an average of.3 elementary students, .19 middle-school students, and .1 high school students. Since .the same school districts will serve the project whether or not the site is annexed to the City of Chula Vista, and the proposed prezoning will not result in any increase in allowable density, impacts to schools are found to be less than significant. Payment of school fees as outlined above will be required. 2. Noise Impacts Construction of the residences could be associated with noise impacts during the construction phase of the project. Short-term noise impacts could result from . 6 [ 1-9../t -/}- the use of earth moving equipment which can produce up to 70/dB(A) and]> above for backhoes and concrete pavers. However, these impacts would be temporary and would terminate with construction of the project. Additionally, construction hours would be limited to daytime hours in accordance with the City's Noise Ordinance Standards. No long-term noise impacts are anticipated. Therefore, noise impacts are found to be less than significant. 3. Land Use Impacts The proposed project is currently in the County of San Diego, zoned Rural Residential (RR-I). Annexation to the City of Chula Vista and a prezoning to the City's Residential Estate (RE) zone is required. Surrounding land uses include single-family homes to the west and south (beyond the open space easement), a vacant partial lot to the north, and dedicated open space to the east. Construction of a large, single-family would be consistent with the surrounding residential units. The proposed residential unit is one of the last vacant lots in a neighborhood approved and developed many years ago, and represents in-fill development in an area already developed with similar housing stock. Therefore, land use impacts are found to be less than significant. 4. Biologv Impacts The site is in a natural state, covered with native grasses and shrubs, and is """" partially disturbed in limited areas along the northwest portion of the site. Diegan Coastal Sage scrub is present on the site, including Toyon and Lemonade Berry, and would be removed with development of the proposed project. EIR 88-02 analyzed the impact of incremental losses of sage scrub, and concluded that on a project-by-project basis, the loss of less than 5 acres of Coastal Sage Scrub habitat should not be considered significant. Thus, the 1.05 acre proposed development will not significantly impact biological resources. The two pepper trees on the site will remain. The open space easement associated with the project has been invaded with non- native vegetation and contains no significant biological resources. Furthermore, given the surrounding residential development and the presence of domestic cats and dogs in the area, the project area is not expected to support a large or diverse reptile, amphibian, or mammal fauna population. Thus, biological impacts are found to be less than significant. 5. Visual Impacts The site is currently in a natural state, and consists of a sloping, north-facing hillside. The proposed project would construct a 6,295 square foot, two-story ........" 7 17-tr - Cj- . . . house on the site. However, the surrounding dwellings are also built into slopes, and their viewsheds are toward the north and/or east overlooking the nearby canyon. Their viewsheds would not be impacted by the proposed project. In addition, the project abuts a open space easement which contains a greater amount and variety of vegetation than exists on the site itself, and this area is expected to remain in its natural state. Therefore, aesthetic impacts are found to be less than significant. F. Mitigation necessary to avoid significant effects Specific project mitigation measures have been required to reduce potentially significant environmental impacts identified in the initial study for this project to a level of less than significant. Mitigation measures have been incorporated into the project design and have been made conditions of project approval, as well as requirements of the attached Mitigation Monitoring Program (Addendum "A"). 1. Water Service Mitigation The applicant must coordinate with the Sweetwater Authority and the City of Chula Vista Engineering Division on the construction or alteration of water facilities. Adherence to all requirements of these agencies is necessary to ensure adequate water delivery systems will be provided to the proposed single-family home. If the applicant complies with the Sweetwater Authority, in cooperation with the City of Chula Vista in the provision of adequate water facilities to the site, water service impacts could be reduced to a level below significance. 2. Geologv/Soils Mitigation As a condition of project approval, before building permits are issued, a new soils report which assesses the impact of construction of a two-story residence must be prepared. All recommendations contained in this new geotechnical study must be followed, along with any modifications or additions required by the City of Chula Vista Engineering Division. Once the soils report is accepted by the Engineering Division, significant and unmitigable geological/soils impacts could be reduced to a level below significance. G. Findings of Insignificant Impact Based on the following findings, it is determined that the project described above will not have a significant environmental impact and no environmental impact report needs 8 17 ,2.0 Ci - (- to be prepared. ---. 1. The project has the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, reduce the number or restrict the range of a rare or endangered plant or animal, or eliminate important examples of the major periods of California history or prehistory. The proposed project does not have the potential to significantly impact the quality of the natural environment. The loss of Diegan sage scrub habitat is not considered significant, due to its small size. The relatively urban nature of the site and the surrounding residential development restricts its potential to support wildlife, and the site has been designated as an area with low potential for cultural resources. 2. The project has the potential to achieve short-term environmental goals to the disadvantage of long-term environmental goals. The project will not achieve short-term environmental goals at the expense of long-term goals. The project would achieve long-term goals by developing a parcel of land in accordance with the surrounding land uses, and annexation and rezoning of the site to ensure conformance with the City's General Plan and "'"" zoning. 3. The project has possible effects which are individually limited but cumulatively considerable. As used in the subsection, "cumulatively considerable" means that the incremental effects of an individual project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects. Incremental demand on natural resources, including water, would contribute cumulatively to the regional demand on these resources. However, adherence to the Sweetwater Authority and Chula Vista Engineering Division requirements, as well as the specific mitigation measures contained herein, will reduce these effects to less than significant. The project is one of the last remaining sites to be developed in a previously approved subdivision, and therefore represents infill development, and thus will not have a growth-inducing impact. 4. The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. The proposed single-family residence does not have the potential to adversely "'"" 9 '7-27 ~ ! p- I - - . . . impact human health. Noise impacts were deemed to be temporary, and thus less than significant. No other potential impacts to humans or human health were identified. H. Consultation 1. Individuals and Organizations City of Chula Vista: Ed Batchelder, Planning Diana Lilly, Planning Roger Daoust, Engineering John Lippitt, Engineering Cliff Swanson, Engineering Hal Rosenberg, Engineering Bob Sennett, Planning Ken Larsen, Building and Housing Carol Gove, Fire Marshal Captain Keith Hawkins, Police Dept. Martin Schmidt, Parks and Recreation Sweetwater Authority: Richard A. Reynolds Chula Vista City School District: Kate Shurson Sweetwater Union High School District: Tom Silva Applicant's Agent: Albert T. Salyi 2. Documents EIR-88-2, Chula Vista General Plan Update EIR. P&D Technologies, Inc., May 31, 1989 General Plan. City of Chula Vista Soil Tester, Limited Soil Investigation. Proposed Residential Building Site 4045 Palm Drive. June 9, 1992 Title 19, Chula Vista Municipal Code 10 17-~ _1/- 3. Initial Studv This environmental determination is based on the attached Initial Study as well as any comments on the Initial Study and the Mitigated Negative Declaration. Further information regarding the environmental review of the project is available from the Chula Vista Planning Department, 276 Fourth Avenue, Chula Vista, CA 92010. EN 6 (Rev. 12/90) WPC 0175P 11 l 7-:z. q ~/f}-- -.. -.. """" . ADDENDUM "A" MITIGATION MONITORING PROGRAM Chia Chen and Chuang Chu Residence 18-93-15 In compliance with AB 3180, this Mitigation Monitoring Program (MMP) has been prepared to address the monitoring of implementation of those mitigation measures set forth in the Mitigated Negative Declaration pertaining to IS-93-15, the Chia Chen and Chuang Chu Residence project. AB 3180 requires monitoring of potentially significant environmental impacts. The MMP for the Chia Chen and Chuang Chu Residence project ensures. adequate implementation of mitigation for the following potentially significant impacts: Water Impacts Geology/Soils The Mitigation Compliance Coordinator (MCC) shall be the City of Chula Vista Environmental Review Coordinator (ERC). The applicant shall be responsible for ensuring to the satisfaction of the ERC that all conditions of the MMP have been met. .1. Water The applicant must partipate in whatever conservation or fee off-set program the City of Chula Vista has in effect at the time of building permit issuance in order to mitigate this impact to a level of less than significant. The use oflow-flow fixtures and planting drought-tolerant site landscaping could also help offset this incremental water demand. The applicant must coordinate with the Sweetwater Authority and the City of Chula Vista Engineering Division on the construction or alteration of water facilities. Adherence to all requirements of these agencies will ensure adequate water delivery systems are available to the proposed single-family home. 2. Geology/Soils As a condition of project approval, before building permits are issued, a new soils report which assesses the impact of construction of a two-story residence must be prepared. All recommendations contained in this new geotechnical study must be followed, along with any modifications or additions required by the City of Chula Vista Engineering Division. . 12 3" ~ I rl - 3D . . ,Exhibit A --- --- L.OT- ~ --- ... - ... , .-" , I 1~4 H LLS \ " ..... " ~ ~ . ' .. . ., 1$ ..,.. .~ .. -. ~~ .s IS: ~ ZI ;0 .. ",..' ~-~ ...... , I. t:>j ~ I'. ~ ..... ... 13 ..... ~ , - . ... POSSIBLE MAIN EXTENSION AND EASEMENT --0 0::1 , 0::: -Wi U, , -I ---j"1 · 1._ ~11. ) -.J:r '-- .... 411 ~ I "- Q/~~ " ~:~ .., .."'" ., .. .. .., . (.l> , " '. ;, ..,., 10 .. , .- . r--- -0 .) - , .... -...... 0 ...., .'- .:.;, (,..') <( ~ .m:J .-- .... E <.Il III ::s ' >, UVj=>(tJ UC:)-"C ro .-- ro 0:=U tlD '- ._ r: OW :x ," rJ . '- t: - "00 roc;23: Q.V>.........<"Jo c..roOwU <t:C!:llJ...;= \ \\-- - ""- '6 .....~. .....- ...... ~ a... . . . . city Data Sheet Case No. 15-93-15 CITY DATA F. PLANNING DEPARTMENT L Current Zoninq on site: North South East West County-Rural Residential Residential Estate (RE) Residential Estate County (RR-1) Residential Estate (RR-1) Does the project conform to the current zoning? proiect involves a rezone to RE 2. General Plan land use designation on site: North South East West Residential Low (0-3 du/ac) Residential Low Residential Low Residential Low Residential Low Is the project compatible with the General Plan Land Use Diagram? Yes Is the project area designated for conservation or open space or adjacent to an area so designated? Yes. open space easement Is the project located adjacent to any scenic routes? No (If yes, describe the design techniques being used to protect or enhance the scenic quality of the route.) 3. Schools If the proposed project is residential, please complete the following: School Permanent Capacity Current Enrollment Students Generated Fran Proiect Temporary Capacity Elem. Allen Not Available NIA 435 .3 Jr. High Bonita vista Sr. High Bonita vista .19 NIA NIA 1367 NIA NIA 2040 .1 4 . Remarks: - ,"1 '(-ll_~,t.:\-{/ ..1 .v,~1 1- Ji I! , / { Director of Planning or Representative li /21 /~~ Date . 8 / __ I:' ' [7 - "6'- APPENDIX I """ Background 1 . Name of Proponent: Chia Chen Chu 2. Address and Phone Number of Proponent: 7835 Mission Montana Place. San Dieoo 286-4099 3. Date of Checklist: Januarv 4. '992 4. Name of Proposal: Chia Chen & Chuana Chu Residence 5. Initial Study Number: IS-93-' 5 ENVIRONMENTAL CHECKLIST FORM (To 8e Completed By Lead Agency) Environmental Impacts ,. Earth. Will the proposal result in: YES MAYBE NQ a. Unstable earth conditions or changes in geologic substructures? 0 lit 0 b. Disruptions. displacements. compactian ar overcavering of the soil? 0 III 0 """" c. Change in topography or ground surface relief features? 0 III 0 d. The destruction, covering or modification of any unique geologic ar physical features? 0 0 III e. Any increase in wind or water erosion of soils, either an or off the site? 0 .IIlI 0 f. Changes in depasition or erosion of beach sands, ar changes in siltation, deposition or erasion which may modify the channel of a river or stream or the bed af the acean ar any bay, inlet or lake? 0 0 II!IJ g. Exposure af peaple ar praperty ta geologic hazards such as earthquakes, landslides, mud slides, ground failure, or similar hazards? 0 II!IJ 0 Camments: A sails analysis on the site performed by Soils Testers, June 9, 1992 faund a loose call uvial mixture of sand and clayey sands. The report autlines twa alternative procedures far safe development an the site. However, in canjunction with the building permit pracess, the sails -." 14 {7 -33 _/ ~i .- . . . report must be updated to reflect the proposed two-story structure. Adherence to all recommendations set forth in the updated report, and those of the City Engineering Department are required to ensure that soils impacts are less than significant. 2. Air. Will the proposal result in: YES MAYBE !::ill a. Substantial air emissions or deterioration of ambient air quality? o o b. The creation of objectionable odors? o o c. Alteration of air movement, moisture, or temperature, or any change in climate. either locally or regionally? o o Comments: Significant deterioration of regional air quality would not result from this project due to the limited scale and scope of the project. Any substantial dust emissions which occur during the construction phase of the project must be mitigated through the use of standard dust control methods such as watering the soil and street sweeping. 3. Water. Will the Proposal result in: YES MAYBE !::ill a. Changes in currents, or the course or direction of water movements, in either marine or fresh waters? o o b. Changes in absorption rates, drainage patterns. or the rate and amount of surface runoff? o II c. Alterations to the course or flow of flood waters? o o d. Change in the amount of surface water in any water body? o o e. Discharge into surface waters, or any alteration of surface water quality, including but not limited to temperature, dissolved oxygen or turbidity? o o f. Alteration of the direction or rate of flow of ground waters? o o g. Change in the quantity of ground waters, either through direct 15 I 7r- 34 III III II! 18 o ~ II!! t!I ill -11- Comments: The applicant must comply with all requirements of the Sweetwater Authority and the City of Chula Vista Engineering Department regarding the need for new water systems. In addition, the increase in water usage from the addition of one single-family home must be mitigated through compliance with the City's requirements for low.flow water fixtures and drought- tolerant landscaping, and through participation in whatever water conservation or fee off-set program the City has in effect at the time of building permit issuance. Conformance to these requirements are required to ensure that impacts to water availability are less than significant. 4. additions or withdrawals, or through interception of an aquifer by cuts or excavations? iii """" o o h. Substantial reduction in the amount of water otherwise available for public water supplies? 8 o o i. Exposure of people or property to water related hazards such as flooding or tidal waves? lit o o Plant Life. Will the proposal result in: YES MAYBE NO a. Change in the diversity of species, or number of any species of plants (including trees, shrubs, grass, crops, and aquatic plants)? """" o I!t o b. Reduction of the numbers of any unique, rare or endangered species of plants? o o I!t c. Introduction of new species of plants into an area, or in a barrier to the normal replenish- ment of existing species? iii o o d. Reduction in acreage of any agricultural crop? B o o Comments: The site is in a natural state, covered with native grasses and shrubs. Sage scrub is present on the site, including Toyon and Lemonade Berry, members of the Diegan Sage Scrub family, and would be impacted by the proposed project. However, EIR 88-02 analyzed the impact of incremental losses of sage scrub, and concluded that on a project. by-project basis, the loss of less than 5 acres of sage scrub habitat should not be considered significant. Thus, the 1.05 proposed development will not significantly impact biological resources. The two pepper trees on the site will remain. The open space easement associated with the project is disturbed and does not contain substantial biological resources. 5. Animal Life. Will the proposal result in: YES MAYBE .liQ a. Change in the diversity of species, or numbers of any species of """\ 16 [7 - 3) _1(- . animals (birds, land animals including reptiles, fish and shellfish, benthic organisms or insects)? o II o b. Reduction of the numbers of any unique, rare or endangered species of animals? o ~ o c. Introduction of new species of animals into an area, or result in a barrier to the migration or movement of animals? o o ~ d. Deterioration to existing fish or wildlife habitat? o ~ o Comments: Given the surrounding residential development and the present of domestic cats and dogs in the area, the site is not expect to support a large or diverse reptile, amphibian, or mammal fauna population. 6. Noise. Will the proposal result in: YES MAYBE !:IIQ a. Increases in existing noise levels? 0 0 5i . b. Exposure of people to severe noise levels? 0 0 ~ Comments: Construction of the residences could be associated with significant noise impacts during the construction phase of the project. Noise impacts could result from the use of earth moving equipment which can produce up to 70dBIA) and above for backhoes and concrete pavers. However, these impacts would be temporary and would terminate with construction of the project. Additionally, construction hours would be limited to daytime hours in accordance with the City's Noise Ordinance Standards. Thus, noise impacts are deemed to be less than significant. 7. light and Glare. Will the proposal produce new light or glare? YES MAYBE !:IIQ 002 Comments: The proposed single-family home construction, annexation, and prezone does not have the potential to have a significant light or glare impact, since residential uses are generally not associated with significant increases in light or glare, and the small number of residences (11 being constructed would not result in a substantial increase in sky glow. 8. land Use. Will the proposal result in a substantial alteration of the present or planned land use of an area? YES MAYBE !:IIQ o III o . 17 -11~ l7 - 3b ; Comments: The proposed project is currently in the County of San Diego, zoned Rural Residential, which would allow construction of a single-family home such as the proposed project. Annexation to the City of Chula Vista is a requirement of project approval. The prezone to Residential Estate will ensure the project is consistent with surrounding uses. Thus land use impacts will not be significant. .-.... 9. Natural Resources. Will the proposal result in: YES MAYBE lli:2 a. Increase in the rate of use of any natural resources? o o ~ Comments: The proposed prezone/rezone and annexation does not in itself have the potential to impact natural resources. An incremental demand on fossil fuels would result from the addition of one new residence, however, this increase would be less than significant due to the small size of the project. 10. Risk of Upset. Will the proposal involve: YES MAYBE lli:2 a. A risk of an explosion or the release of hazardous substances (including. but not limited to oil, pesticides, chemicals or radiation) in the event of an accident or upset conditions? o o .., -.... b. Possible interference with an emergency response plan or an emergency evacuation plan? o o II Comments: The proposed project would not create a significant risk of an explosion or the release of any toxic substances as hazardous materials are not generally associated with residential development. Construction and grading activities would not involve the use of explosives, other than fuel used for construction equipment. The grading contractor must abide by all applicable health and safety requirements for the safe use of such fuel and equipment. 11. Population. Will the proposal alter the location, distribution, density, or growth rate of the human population of an area? YES MAYBE lli:2 o Il!I o Comments: The proposed project is one of the last houses to be constructed in a previously approved subdivision. Although water service may need to be extended to the site, the project is largely surrounded by residential development and is considered infill, and thus is not expected to be growth-inducing. The slight, incremental increase of one single-family dwelling is not expected to have any substantial impact on population. 12. Housing. Will the proposal affect existing housing, or create a demand YES MAYBE NO """\ 18 l7-?;7 _ ?--r- . . . for additional housing? o IIC o Comments: The construction and annexation of one single-family home will not have a significant impact on housing stock or demand. The project lot is in a neighborhood previously approved and developed many years ago, and can be considered infil!. 13. Transportation/Circulation. Will the proposal result in: YES MAYBE till a. Generation of substantial additional vehicular movement? o o o IIC b. Effects on existing parking facilities, or demand for new parking? o o III c. Substantial impact upon existing transportation systems? o o III d. Alterations to present patterns of circulation or movement of people and/or goods? o o III e. Alterations to waterborne, rail or air traffic? o o III f. Increase in traffic hazards to motor vehicles, bicyclists or pedestrians? o o III g. A "large project" under the Congestion Management Program? (An equivalent of 2400 or more average daily vehicle trips or 200 or more peak-hour vehicle trips). o III Comments: The proposed project would generate an estimated 10 one-way auto trips per day, thus impacting Average Daily Traffic (ADT) by only 10 trips. The Level of Service (LOS) for Palm Drive ("C" or higher) and Bonita Road ("B" or higher) would not change as a result of the project. 14. Public Services. Will the proposal have an effect upon, or result in a need for new or altered governmental services in any of the following areas: YES MAYBE ~ a. Fire protection? b. Police protection? c. Schools? 19 17- SD o o o III o o ~ .~ o ~:JI- d. Parks or other recreational facilities? 0 0 1m ""'" e. Maintenance of public facilities, including roads? 0 0 i'J f. Other governmental services? 0 0 i'J Comments: The applicant will be required to make improvements in existing water facilities and participate in water conservation efforts to ensure the adequacy of these services. Payment of school fees prior to issuance of building permits is also required to off-set school impacts. Routing forms from City staff indicate that no other public services would be significantly impacted by the proposed zone change, annexation, or residential construction. 15. Energy. Will the proposal result in: YES MAYBE .!:iQ a. Use of substantial amount of fuel or energy? o o ~ b. Substantial increase in demand upon existing sources or energy, or require the development of new sources of energy? o o IlII Comments: The proposed rezone/prezone and annexation will not effect energy services. An incremental increase in the demand for electricity would result from the addition of one new residence. however. this increase would be slight, and is deemed to be less than significant. -.... 16. Thresholds. Will the proposal adversely impact the City's Threshold/ Standards Policies? YES MAYBE .!:iQ o o IB Comments: With compliance to all requirements of the Sweetwater Authority and the City Engineering Division, the proposed residential construction will be in conformance with City Threshold Standards since it would not impact or require a substantial increase in public services. 17. Human Health. Will the proposal result in: YES MAYBE .!:iQ a. Creation of any health hazard or potential health hazard (excluding mental health)? 0 0 iii Exposure of people to potential health hazards? 0 0 ~ b. Comments: The proposed project would not have an adverse impact on human health since the only health """" impact identified in the Initial Study was noise, and this was deemed to be temporary and thus 20 {7 -3q -:Jd- . . . less than significant. 18. Aesthetics. Will the proposal result in the obstruction of any scenic vista or view open to the public, or will the proposal result in the creation of an aesthetically offensive site open to public view? YES MAYBE lli2 o o III Comments: The site is currently in a natural state, and consists of a sloping, north-facing hillside. The proposed project would construct a 6,295 square foot, two-story house on the site. However, the surrounding dwellings are also built into slopes, and their viewsheds are toward the north and/or east overlooking the nearby canyon. Their viewsheds would not be impacted by the proposed project. In addition, the project abuts a open space easement which contains a greater amount and variety of vegetation than exists on the site itself, and this area is expected to remain in its natural state. Therefore, aesthetic impacts are deemed to be less than significant. 19. Recreation. Will the proposal result in an impact upon the quality or quantity of existing recreational opportunities? YES MAYBE lli2 o o ll!! Comments: The proposed development is on a slope which is not likely to be suitable for siting recreational facilities. The project would not effect existing recreational facilities. 20. Cultural Resources. YES MAYBE lli2 a. Will the proposal result in the alteration of or the destruction of a prehistoric or historic archaeological site? 0 0 ~ b. Will the proposal result in adverse physical or aesthetic effects to a prehistoric or historic building, structure, or object? 0 0 ., c. Does the proposal have the potential to cause a physical change which would affect unique ethnic cultural values? 0 0 ~ d. Will the proposal restrict existing religious or sacred u$es' within the potential impact area? 0 0 II!I Comments: The area is designated in EIR 88.2 as an area with low potential for archeological resources. 21 l 7 - ct-D ._ :)3 j In addition, the construction of one residence is of such limited scale and scope that it would '_.", not result in the destruction of significant amounts of cultural or historic resources. """'\ """-I 22 ~ 7-4- [f -4-1 ADDENDUM TO NEGATIVE DECLARATIOl'o IS-93-15 . Chia Chen And Chuang Chu Residence . . PROJECT NAME: Chia Chen and Chuang Chu Residence PROJECT LOCATION: 4045 Palm Drive PROJECT APPLICANT: Chia Chen Chu PROJECT AGENT: Albert T. Salyi CASE NO.: IS-93-15A I. INTRODUCTION The environmental review procedures of the City of Chula Vista allow the Environmental Review Coordinator (ERC) to prepare an addendum to a Negative Declaration or Environmental Impact Report, if one of the following conditions is present: 1. The minor changes in the project design which have occurred since completion of the Final EIR or Negative Declaration have not created any new significant environmental impacts not previously addressed in the Final EIR or Negative Declaration; 2. Additional or refined information available since completion of the Final EIR or Negative Declaration regarding the potential environmental impact of the project, or regarding the measures or alternatives available to mitigate potential environmental effects of the project, does not show that the project will have one or more significant impacts which were not previously addressed in the Final EIR or Negative Declaration. This addendum has been prepared in order to provide additional information and analysis concerning biological and visual impacts. As a result of this analysis, the basic conclusions of the Negative Declaration have not changed. Biological and visual impacts are found to be less than significant for the proposed project. Therefore, in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following addendum to the Negative Declaration for the Chia Chen and Chuang Chu Residence IS- 93-15. II. PROJECT DESCRIPTION The proposed project involves the construction of a 6,295 square foot, 32-foot 7-inch high single family home. The two-story house will have eight bedrooms and 5 parking spaces. Associated discretionary approvals required include a prezoning to the City's Residential t 7 - tZ- /' ./ :;n.- Estate (RE) zone, and annexation to Chula Vista. -., Further review of the project indicated that the project also requires a conditional use permit pursuant to Section 19.22.060 to allow a building height greater than 28 feet. III. PROJECT SETTING The site is a 1.05 acre sloping, north-facing hillside of nearly 2 to I slope. The elevation change from one end of the lot to the other is approximately 100 feet. The site is vacant and covered with native brush and grasses, although plants associated with residential landscaping, such as ice plant, are encroaching onto the site. An abandoned car is located on the northwest corner of the site. To the south, single-family homes line the top of the slope. East of the site is a vacant, shrub-covered slope. One single-family dwelling is located to the west, and to the north a vacant, flat drainage plain occurs. A natural, vegetated open space easement exists to the east. An Sweetwater Authority easement designed for installation of a water main transects the open space area to the southwest of the site. The easement has been severely encroached upon by non-native plants. IV. IDENTIFICATION OF ENVIRONMENTAL EFFECTS A. Biologv Imoacts ~. Portions of the site and the open space easement adjacent to the contain coastal sage scrub vegetation. As a result of the March 25, 1993 listing of the California Gnatcatcher as a "threatened" species, the "taking" of gnatcatcher habitat is prohibited. In order to comply with federal regulations, as a condition of project approval, the applicant must consult with the U.S. Fish and Wildlife Service (USWFS) to determine appropriate mitigation on the site prior to the issuance of any grading permit. Implementation of a mitigation program approved by USFWS will ensure that biological impacts are less than significant. B. Visual Imoacts Section 19.22.060 of the City's Residential Estate (RE) zoning regulations permits the proposed building height of 32'7", which is 4'7" over the 28 feet typically allowed in the RE zone, with approval of a conditional use permit. Due to the slope of the site and the distance between surrounding residences and the proposed building, this increase in height will not be readily noticable. The structure and height of the building is generally consistent with other estate homes in the area. In addition, the increased height will not block the viewshed of any adjacent residences. Thus, visual impacts are found to be less than significant. V. CONCLUSION """"\ {7- t,? - ? (./- . . . Biological impacts are found to be less than significant for the proposed project with adoftion of a mitigation program acceptable to USFWS. Visual impacts are found to be less than significant for the proposed project due to the topography of the site and the distance of separation between the proposed structure and the surrounding residential uses. Pursuant to Section 15164 of the State CEQA Guidelines and based upon the above discussion, 1 hereby find that the project revisions to the proposed project will result in only minor technical changes or additions which are necessary to make the Negative Declaration adequate under CEQA. REFERENCES IS-93-15 Chia Chen and Chuan Chu Residence, January 4, 1993 General Plan, City of Chula Vista Chula Vista Municipal Code City of Chula Vista Environmental Review Procedures ll~~ ~;}I}~ ? ~\~ May 11, 1993 TO: MAYOR TIM NADER and COUNClLMEMBERS REGARDING: CDBG Public Hearing - COUNCIL Item #18 The final staff recommendations on the CDBG Budget will be presented to the Council on Mav 18. 1993 instead of May 25, 1993 (as was reported in the San Diego Union-Tribune). As the FY 93-94 Budget will be before Council on May 25 and may engender considerable discussion and input, staff determined it feasible to bring the CDBG item to Council as originally scheduled. lti / I ITEM TITLE: PUBLIC HEARING: SUBMITTED BY: REVIEWED BY: BACKGROUND: " COUNCIL AGENDA STATEMENT nemA- ~J.L Meeting Date c.n 1.11 o.t'lI~S ON HOUSING AND COMMUNITY DEVELOPMENT NEEDS: For 1993-94 the City of Chula Vista will receive a CDBG entitlement of $1,664,000. The City estimates that $584,212 of other CDBG program income will also be available. The City proposes to use these funds for public facilities and improvements, social services, fair housing, and other community needs. These activities will primarily benefit low and moderate income families, with a minimum of 70 percent of the funds targeted to benefit low- income households. The following Community Development Objectives are proposed: [1] Provide assistance to organizations serving the varied needs of senior citizens and youth and their families; [2] Provide assistance to organizations providing counseling to adults recovering from substance abuse or involved in domestic violence, basic needs assistance to homeless or disabled persons, and tutoring to adults who are illiterate; [3] Construct public improvements and facilities; [4] Promote small businesses and job creation; [5] Provide assistance to community organizations for neighborhood revitalization and affordable housing; [6] Furnish fair housing information and counseling services. Community Development Director ~ City Manager r (4/5ths Vote: Yes No X) The City of Chula Vista will receive $1,664,000 in CDBG entitlement funds and anticipates receiving other program income of about $584,212 from CDBG Housing Rehabilitation, reallocation and Section 108 funds. The 1993-94 CDBG Notebook contains the Program Summary, Funding Recommendations, and Project Descriptions. Page references in this report are to specific pages in the CDBG Notebook. This public hearing provides an opportunity for citizens to comment on how CDBG funds can be allocated to meet the City's housing and community needs. No staff recommendations are being made at this time and the City Council is not expected to take any action on the proposed budget other than to give desired direction. After thorough consideration of public comment, staff will prepare an additional report presenting funding recommendations for Council deliberation and action at the May 18, 1993 meeting. /8 -- ) Item ~ J. Page 2, Meeting Date ~ 0/ ":? RECOMMENDATION: That the City Council conduct a public hearing on housing and community development needs and accept the staff report on the 1993-94 CDBG program, and direct staff to return on May 18, 1993 with the funding recommendation report. BOARDS/COMMISSIONS RECOMMENDATION: The Commission on Aging, Human Relations Commission, and Youth Commission have reviewed the social service funding requests and have made funding recommendations (see page 13). The Housing Advisory Committee has reviewed the three housing-related proposals, SBCS Community Development Program, B&H Community Appearance Program and the Fair Housing Program, and made recommendations for funding (no specific dollar amount). The Childcare Commission lacked a quorum at their Apri116, 1992 meeting and was unable to make any recommendations this year. DISCUSSION: Introduction: ProDosed Budl:et For the 1993-94 CDBG program, the City of Chula Vista has total estimated revenue of $2,248,212. This includes the annual entitlement ($1,664,000), existing and anticipated program income funds from housing rehabilitation loans ($299,670), reallocation funds from prior City- funded projects either completed or cancelled ($209,828), and Section 108 funds ($74,714). The total amount of funding requested, which includes all funding requests from community organizations, is summarized as follows: Administration and Planning Social Services Funding Section 108 Loan Repayment Capital Improvement Proiects Community Projects Total of All Requests (33 requests) (Norman Park) (9 proj ects) (7 requests) $ 342,000 $ 616,420 $ 275,000 $ 1,417,224 $ 767.286 $ 3,417,930 The total amount of funding requested exceeds the total amount of CDBG revenue by about $806,205. Program regulations place a 15 percent cap on social service funding, which will limit the social services allocation to about $250,000; this is $366,420 less than the total amount requested. A detailed preliminary 1993-94 CDBG program budget is in the Notebook (page 1). In order to be eligible for funding, a project or service must address at least one of the CDBG national objectives which are: 1) Benefit primarily low and moderate-income families, 2) Aid in the prevention or elimination of slums or blight, or 3) Meet other community needs having a particular urgency. The City has previously adopted the 1990-91 to 1992-93 Community Development Plan (see pages 2 and 3). This Plan outlines the City's specific community development goals and objectives for the CDBG program and provides a guide for making allocations. In order to fund four of the Community Project proposals (Chula Vista Building and Housing Community Appearance Program, SBCS Graffiti Eradication, SBCS Community Development /8~2- Item a~A/t Page 3, Meeting Date - J q .) Corp. and the Border Environmental Commerce Zone (BECZ) Coordinator the City will need to make a finding that these activities are necessary and appropriate in order to meet the goals and objectives of the City's Community Development Plan. Social Service Fundin!! Reouests The City received over 33 requests for social services funding from non-profit community organizations, totaling over $616,000. All of the requests for funding are included in the Notebook under the Social Services Projects section and a summary is found on pages 14. For 1993-94, the City may allocate up to $250,000 for social service organization based upon 15 percent of the entitlement only. Staff did not include other CDBG funds (Program Income, Reallocation and Section 108) in the 15 percent cap for social services as these funds are not available every year. Staff feels that it would be non-productive to have a significantly-higher social service allocation this year and then have to cut back on it in subsequent years. All 33 of the funding requests from social service organizations are CDBG-eligible as they meet the national objective to primarily benefit low-income families. The Commission on Aging, Human Relations Commission, and Youth Commission have reviewed the social service funding requests and have made their recommendations (see page 11). Staff has prepared a Proposal Comparison Table for the Commissions and Council to use in evaluating the proposals (see inside front cover). As the requests for CDBG funding from community organizations increases from one year to the next, the funding decisions become more difficult. As a general policy, the City has sought to discourage dependence on CDBG funding and to encourage seed funding for new programs, especially those types of services listed under the Social Service Plan. These are: 1) Alcohol and Drug Abuse; 2) Child Care and Latchkey Programs; 3) Child and Spousal Abuse/Domestic Violence. A breakdown showing new and previously-funded programs is attached (see page 12). Community Proiects Summarv The City received several proposals from neighborhood-based organizations and the Chula Vista Elementary School District. They have been grouped under the category of "Community Projects". Staff has determined that these proposals are eligible for CDBG funding, will primarily benefit low-income households, and are not subject to the 15 percent social services cap. The Community Project requests total $667,286 and include the following types of activities: 1) neighborhood revitalization; 2) affordable housing development; 3) capital improvements for non-profit community facilities; and 4) economic development. All of the requests for funding are included in the Notebook under the Community Projects section and are summarized as follows: /&/3 Item /.2- Page 4, Meeting Date ~ - q.3 . Neighborhood Revitalization Community Appearance Program $ 36,000 In cooperation with local neighborhood groups, the Building and Housing Dept. proposes to continue their neighborhood beautification campaigns. The funding requested will pay for staff coordination, dumpsters and equipment. Graffiti Eradication $ 43,657 South Bay Community Services (SBCS), in partnership with the Chula Vista Police Department, is requesting funds to continue their community effort to eradicate graffiti painted on private businesses and residences. Youth offenders and community volunteers provide the labor. Funds are requested for the Program Coordinator position. Home Repairs for Seniors $ 20,000 This project was already approved by City Council and is being included for informational purposes only. It is a 16 month contract with Lutheran Social Services to provide health and safety repairs to seniors. . Affordable Housing Development SBCS Community Development Corporation $ 52,000 South Bay Community Services (SBCS) is requesting funding to continue their Community Development program. Current projects include the Emergency Housing and Transitional Housing Projects at 17 and 31 Fourth Ave, respectively, the Homebuyer Education Project, and the Affordable Apartment Referral Guide. . Capital Improvement for Non-profit Community Facilities Chula Vista Elementary School District-Playgrounds $ 125,000 The School District is requesting funds to improve playgrounds at five elementary school sites: Vista Square, Harborside, Feaster, Mueller, and Otay. These playgrounds will be open for community use after school hours and on weekends. /~- if Item -1.2::--, I Page 5, MeetingDate~q3 . Economic Development --Border Environmental Commerce Zone (BECZ) Coordinator $ 100,000 Funds are to provide seed money to hire a coordinator to implement the BECZ Program. The purpose of BECZ is to create a border-oriented, state-designated incentive zone which offers special incentives and assistance to environmentally sound businesses. CaDital ImDrovement Proiect Summary The 10 proposed capital improvement projects total $1,692,224. In addition, the City must continue repayment of the Section 108 loan for the Norman Park Senior Center Renovation ($275,000). All of the CIP detail sheets are included in the Notebook under the City Capital Improvement Projects section and are summarized as follows: Neighborhood Revitalization Program $ 273,800 This proposal is for design and construction of missing public improvements in Otay. This is the Third phase of improvements, which includes sidewalks, curbs, gutters, and street lights. The Otay Committee recommends this proposal as the top priority for their neighborhood. South Chula Vista Library $ 378,196 This allocation is necessary to ensure that construction of the South Chula Vista Library can begin this fall. The slowdown in construction activity has meant that revenues to the Library DlF (a primary source of funds for the construction) are temporarily decreased from what staff had originally projected. Also, since Library DIF Funds are received over many, many years, part of the funding from this source may not be accumulated in time for the construction of this project and Block Grant Funds over the next two-three years may be necessary to complete the funding of this library . Parkway Complex Renovation - Phase I $ 288,073 This project will provide for renovation of the gymnasium and pool restroom/dressing rooms including heating, ventilation and plumbing. ADA Modifications $ 36,000 This project will provide for modification to City facilities as required by the Americans with Disabilities Act making them accessible to individuals with disabilities. This includes signage, doors, and public access routes. /8--5 Item~/i Page 6, Meeting Date~/13 Otay Park Renovation $ 172,800 Funds are for a Joint Planning Agreement with the Chula Vista Elementary School District to develop adjoining school grounds as an addition to the neighborhood park. This will include new irrigation, play apparatus, picnic shelter, sport fields, restrooms, landscaping, lighting, community stage, and running paths. The project contributes to the Neighborhood Revitalization Program efforts in the Otay Community. ADA Curb Cuts Annual Program $ 50,000 This project will provide for the construction of concrete wheelchair ramps at an estimated 47 locations throughout the city. Fourth Ave., Del Rey High School/Orange Avenue $ 67,655 Funds will go to widen Fourth Avenue to accommodate a four-lane roadway with bike lanes, curb, gutter, sidewalk, raised medians and driveways on both sides of the street. Nature Interpretive Center Road Surfacing $ 30,000 Funds will be used to install A/C pavement on Gunpowder Point Drive from Bay Boulevard to a point approximately 700 feet west of Bay Boulevard. Main Library Re-Roof $ 120,700 Funds will be used to remove and replace "built up" roof areas approximately 20 years old. Plannin!!: and Fair Housin!: Proiect Summary The proposed budget for 1993-94 includes $165,000 for program administration and staff costs. These administrative costs represent less than 10 percent of the total budget and includes staff costs for coordination, accounting, monitoring sub-recipients, environmental review, and reporting requirements. The City has received six (6) requests for funding which are eligible planning and administrative activities; these requests for funding total $177,000. The requests for funding from the S.D. Fair Housing Council, Chula Vista Human Services Committee and other applicants are included in the Notebook and are summarized as follows: /<9 - 0 Item /2 j, Page 7, Meeting Date ~I f/ 3 Chula Vista Fair Housing Program $ 29,000 CDBG regulations require the City to undertake proactive Fair Housing activities. With assistance from Resident Relations and the Chicano Federation, the San Diego Fair Housing Council will provide a comprehensive fair housing program in Chula Vista. Their proposed activities include education and outreach, a tenant-landlord hotline, follow-up on discrimination complaints, and fair housing assessments. This program is designed to comply with HUD requirements. Chula Vista Human Service Council $ 25,000 The Human Services Council builds coalitions among Chula Vista area social service providers in order to bring more funding for needed services into the South Bay. The funds are requested to hire a part-time coordinator. $4,000 of these monies were funded out of the general fund in prior years. Otay Committee $ 5,000 The Otay Committee has requested $5,000 in funding to continue volunteer community revitalization and beautification efforts, in conjunction with the Neighborhood Revitalization Program (NRP). Committee activities include tree-planting, a Community Fair, quarterly newsletter, and neighborhood clean-up campaign. High Tech/Biotech Zone (ErR) $ 100,000 These funds are requested to partially fund an up-front "master" Program ErR for EastLake's Phase II Business Center. The program's scope and costs are not finalized. These funds are intended to match funds from Eastlake Development Company. Parks and Rec. Human Services Coordinator $ 15,000 This coordinator facilitates the provision of social services and coordinates information and referral at the Norman Park Senior Center. Regional Task Force on Homeless $ 3,000 This grant will assist the task force with important regional reports and special studies, which are regularly incorporated into local documents such as the Housing Element and grant proposals for federal and state funding. /8-7 Item ~ I Page 8, Meeting Date ~r q "7 Reallocation of Funds from Comoleted and Cancelled Proiects Several completed and cancelled projects have balances remaining. These funds should be reallocated to other CDBG eligible projects, preferably to projects in which the funds will be expended within the next fiscal year. The total amount of funds to be reallocated is $284,542. Funds to be reallocated come from the following projects which includes the unused Section 108 loan funds: Norman Park Senior Center 630-6300-PR 11 OA 630-6300-PR111 635-6350-PR110 646-6460-PR 110 MAAC Project Office Building 647-6471-BG101 $ 74,713.70 10.00 81.83 896.42 $ 13,612.93 11,539.24 $ 1,837.44 1,600.00 $ 736.57 111.49 50.00 99,000.00 $ 500.00 779.90 8,107.45 $ 4,883.17 $ 18.89 $ 373.32 $ 1 89.43 $ 15,500.00 $ 50,000.00 Fourth/Orange Land Acquisition 640-6400-PR143 634-6340-PR 1 43 Economic Development Revolving Fund 633-6330-BG201 635-6350-BG201 Administration 634-6340-BG218 644-6441-BG218 646-6461-BG218 648-6481-BG218 Fair Housing Program 644-6441-BG219 646-6461-BG219 647-6471-BG219 Telegraph Canyon Drainage 631-6310-BG158 Woodlawn Park 635-6350-BG201 MAAC Project Otay Center Parking 644-6440-PR 144 Neighborhood Revitalization Program 644-6441-BG235 Murals Program 646-6461-BG244 /" - j Item 1:J--. iJ Page 9, Meeting Date~f.3 FISCAL IMPACT: The City will receive $1,664,000 in CDBG entitlement funds and $584,212 in other CDBG program income. The 15 percent cap on social services funding will limit the social services allocation to a maximum of $250,000, based on the entitlement amount. In addition, the City is obligated to continue repaying the Section 108 loan over the next 2 years; the total payment for 1993-94 is $275,000. [C:IWPS 1 ICOUNClLI113SICDBGFY93 .113] /8-f . . . o/f~ /;l CITY OF CHULA VISTA COMMUNITY DEVELOPMENT BLOCK GRANT FUNDING APPLlCA nON FOR 1993-94 NOTE: THIS APPLICATION IS DUE NO LATER THAN MARCH 1, 1993 AT 5 P.M. AT THE CITY OF CHULA VISTA, COMMUNITY DEVELOPMENT DEPARTMENT, 276 FOURTH AVE., CHULA VISTA. Program/Project Name: NAFTA Implementation Strategic Plan Name of Organization: South County Economic Developnent Council Contact Person: Doug Perkins Title Executive Director Address: 148 East 30th Street, Suite A, National City, Ca. 91950 Telephone 336-2474 l. Amount of Funding Requested: $ 7,500 2. Amount of 1992-93 CDBG Funding: $ 0 3. If this is an existing program, how many years has it served Chula Vista residents? 3 years 4. Is this program physically located in Chuta Vista? Partially r 5. Describe the main goal(s), objectives, and activities of your organization: The South County Economic Developnent Council was formed in 1989 by a group of South County business and carmunity leaders. The mission: to improve South County's economy, image, and quality of life. And to heighten public awareness of South County as one of Southern Califomia's most desirable locations to live, work and play. J8 -10 -p /#.-4 '. ~ C'(S~ <.>\ NAR 1993 ,. ( Co Received mmcr.ityp' artmDeVelopment !7~ \" ~/ ent i::t \;<_\., t"\:"j -- ",'./ "~-L:> . :'-c~ ,.., n...... l IV' "./'" '~_l=-~~~ . 6. Describe the specific program for which funds are requested: (If you are only requesting funds for general organizational support, go to question # 10). The funds will be used to develop a Strategic Plarming document for targeting industries which will be impacted by the NAFI'A enactment. This canprehensi ve plarming tool will include research and backgroud material of those businesses which will be first effected by the phasing in of reduced duties and trading tariffs. 7. Why is this program needed in Chula Vista?: The City of Chula Vista is positioned to benefit econanically with the enactment of NAFI'A, creating new jobs for its low incane residents and developing new revenue sources. This Strategic planning document will help to increase business activity by providing the framework for the City to reach out and attract the businesses interested in relocating. . 8. Who will be providing the SeryJces? Briefly describe qualifications of key . . staff and indicate their level of education/training: South County EDC intends to utilize the research capabilities of South- western College Small Business IJeveloprent and International Trade Center San Diego state University, in canpiling this plarming document. All work will be overseen by Doug Perkins , Executive director who has =nsiderable experience in research and marketing. ".:,-, 9. Program Budget: Total: $ 7,500 (Include only those expenses directly related to the program for which funding is requested) . CDBG OTHER FUNDS Salaries/Benefits: $ $ Rent/Utilities: Equipment/Supplies: Other . Other Other Subtotals: $ $ I 1_ -j:Z. I?-I, . 10. Specify exactly how the COBG funds will be used: The CDBG funds will be utilized to support the research efforts including the purchase of infonnation, staff analysis and for publication of the Stategic plan. 11. Please list the name and amount of other secured or potential sources of funding for this specific program: Other possible funding has been requested fran the City of San Diego, and County of San Diego. . 12. Do you anticipate needing CD~G.funding for this program in subsequent years? Yes X No If yes, how much funding will be needed each year? 1994-95 $ 0 1995-96 $ 7,500 1996-97 $ 7,500 13. Who will be served by your program and what are the boundaries of your service area? All employees and employers in South County will be served by this job creation plarming tool. The areas served by the South County EDC include the cities of Chula Vista, Coronado,-, Dnperial Beach, ,and National City; The San Diego city and oounty carmunities of San Ysidro, otay Mesa, otay Nestor, Bonita; and the uninoorporated oounty areas the the northeastern edge of the SWeetwater Reservoir and south to the Mexican border. 14. How do people find out about your program? How do you do outreach? People learn of SCEDC through speaking engaganents, direct mail, publicity and advertising. SCEDC has an active public education cannittee to assist in outreach. . 15. Do you assist clients to get to your program site or provide services out in the community? SCEDC can assist clients with transportation as needed and provides services through the ccmnunity -ir\ } { I '9- Jl. . . . 16. For this specific program for which CDBG is requested, estimate the total number of: a. Total clients served or estimated to be served in: 1993-94 130 1992-93 100 1991-92 N/A b. Chula Vista residents served or estimated to be served in: 1993-94 30 1992-93 N/A 1991-92 N/A c. Low-income clients served or estimated to be served in: (low-income household is defined as follows: Iperson=$23,150; 2person=$26,450; 3person=$29,750; 4person=$33,050) 1993-94 figures not available 1992-93 1991-92 17. What methods will you use to account for the income level and other demographic information on your clients? South Connty EDC keeps individual client files which document the assistance given. If this project is fnnded, and the City of Chula Vista desires, low incane household data will be collected as necessary.'" PLEASE ATIACH THE FOLLOWING ITEMS: a) A PROGRAM BROCHURE OR FLYER (if you have one) b) A CURRENT LIST OF YOUR BOARD OF DIRECTORS (one page) c) A COMPLETE LIST OF CURRENT SOURCES OF REVENUE (one page) ~-L' f 0 18-1~ (t~\% ~<tX0-~\~^, ~~ March 25,'1993 Members of the City Council, We respectfully request that you reconsider opening a homeless shelter at 41 Fourth ~Ye. Chula Vista. We are property owners and residents of the two block area surrounding the proposed shelter. We feel this shelter is incompatible with the present land usage in North Chula Vista. It will lower our property values and the safe use of our homes.' While the stated purpose of the shelter is for families, we feel that it will lure homeless men into our community. Many of .. these' men are"spaced out" on drugs or alcohol and are a distinct danger to surrounding residents. The maintenance of the shelter will put a burden on the tax payers of Chula Vista. !,\shelter that draws people from National City, San Diego, etc. is not to the best interests of Chula ,Vista taxpayers and residents. ~/ ~_<;dL _.01: i-Lr: ,,-11.___ ' _ ':!?:.t?:~ J st1 _.:jN{-Jl. 7'1 n' _~l CJ/.. 9./$4:) ~J!-q.J9.A) \ \ [1-3 March 25.'.i993 Members of the City Council, We respectfUlly request that you reconsider opening a homeless shelter at 41 Fourth A~e. Chula Vista. We are property owners and residents of the two block area , surrounding the proposed shelter. We feel this shelter is ,incompatible with the present land usage in North Chula Vista. It will lower our property values and the safe use of our homes. While the stated purpose of the shelter is for families, we feel that it will lure homeless men into our community. Many of .' these men are"spaced out" on drugs or alcohol and are a distinct danger to surrounding residents. The maintenance of the shelter will put a burden on the tax payers of Chula Vista. A1.shelter that draws people from National City. San Diego. etc. is not to the best interests of Chula Vista taxpayers and ,ts. \ \ _~~2~"" ~ ~- . # ' March 25, 1993 Members of the City Council, We respectfully request that you reconsider opening a homeless shelter at 41 Fourth ~Ye., Chula Vista, We are residents and, or, property owners in the city of Chula Vista., We feel that this shelter is incomatible with the present land usage in North Chula Vista..It will lower our property values and the safe usage of our homes,' While the stated purpose of this shelter is for families, we FEEL TH~T IT WILL LURE homeless men into our c~mmunity. Many of these men are "spaced out" on drugs or alcohol and are a distinct ,], danger to surrounding residents, The maintenance of the shelter will put a burden on taxpayers of Chula Vista. 4shelter that draws people 1s not to the best interests of ..-. from National City, San Diego, etc. Chula Vista taxpayers and residents. 1< \\; Name _ ~s 6 ~4:;;;?' .. c :</&, (8 ql11. .-. ~ ~. 91i/)/() hn CL/.I1'l5EI? ~/.. v;)/" J1J,A Po/ ~()lA VIS iA _(l. Clb e-fl.-r C/-fHtf?/.J ,.--.. Cf("1 (I e,1/ , q (111 , '\ ,.;' (l , , . . ) '~ ~~a-to ~ 9~-;Yo- , c...~ - 3t.f1 {c((\I\loall CUrt1cf/ c.a.uOa U(stzt lEA- Q/'1I( /d i I I r . I i. March 25. 'i99) Council. We respectfully homeless shelter at 41 reconsider opening a Vista. We are property owners and residents of the two block :rea surrounding the proposed shelter. We' feel this shelter is .incompatible usage in North Chula Vista. It will lower and the safe use of our, homes,' While the stated purpose of the shelter is for familie" , we feel that it will lure homeless men into our community. Mal '.y of .' these' men are" spaced oj.lt" on drugs or alcohol and are a dis :.inct danger to surrounding residents, The maintenance of the shelter will put a burden on th'! tax payers of Chula Vista, ,A.'.shel ter that draws people from etc. is not to the best interests of residents. ;!l- ---~-~ _~~=f:::_ -- ----- - -- --~- .. ~ . _4&~------- ~------------- _F e.1. _ ~...:z~.;j.__________---_ - ~-~---------- ~-~~---------------- '-~------- Members of the City request that yo,' , Fourth Ave. ChuJa with the present Jand our property valu's National City. San Die.;o. Chula Vista taxpayers :md ------------------------------- -------------------------- .------ ------------------------------- -------------------------- .----- ------------------------------- -------------------------- .-.--- ------~------------------------ -------------------------------- ------------------------------- --------------------------.----- ---------------------~--------- -------------------~------------ ------------------------------- -------------------------- ---~--- --_._------------~-~-------~--~ --------------------------.----- ------------------------------- ---------------------_.---~----- \ \ ("5--" . , .' March 25,' i993 Members Of the city Council, We respectfully request that you reconsider opening a homeless shelter at 41 Fourth Aye. Chula Vista. We are property owners and residents of the two block area surrounding the proposed shelter. We feel this shelter is incompatible usage 'in North Chula Vista. It will lower and the safe use of our homes. While the stated purpose of the shelter is for families, we feel that it will lure homeless men into our community. Many of .' these men are"spaced out" on drugs or alcohol and are a distinct danger to surrounding residents. The maintenance of the shelter will put a burden on the tax payers of Chula Vista. Nshel ter that draws people from etc. is not to the best interests of d:::::__~~~ &~~ ::_~~-=~~--===== R. -------- -------- ,~-----_. ------------------------------- ------------------------------- ------------------------------- ------------------------------- ------------------------------- ------------------------------- ------~------------------------ ------------------------------- ------------------------------- ------------------------------- _____~_~_____________________J~ ------------------------------- {1---7 \ " with ~he present land our property values National City, San Diego, Chula vista taxpayers and _ _._~.-tL._1.(.:l./CJ 4..!.'1.:__gL~~fL _t:2_C._if_Jl' (If v.' ___~__~!.1:'O _u..t~?ttt to 1!~_~_'ll.Zlo -------------------------------- -----------------~-------------- -------------------------------- --------------------------------- -------------------------------- -------------------------------- -------------------------------- -------------------------------- --------------------~----------- -------------------~------------ -------~-------~-~-------------- ----~--------------------------- ~\'6 . . ,), C~~~j ~.. ~"'\ . eJ,^,(h\,hD We, the undersigned, declare that we live in the vicinity of South Bay Community Services' runaway & homeless youth shelter, Casa Nuestra. We have found that Casa Nuestra has not posed any problems to our neighborhood. There have been no problems with noise, garbage, loitering, or any other such problems from their facility's clients. The exterior of their house is kept clean and blends in with the other houses on the block. They have been considerate neighbors to us. 03 j , ~okFms . I r~~ ... :J1Ii>0rtA A - _.1;)1+ -- --- X~N^I[lH&~~l[~~~~ ,ob elL+ l~ (\0(\/, (' ;" e X~~\~;~~~~93 /ff~'{2 COUNCIL AGENDA STATEMENT Item ~ Meeting Date 05/11/93 ITEM TITLE: REPORT ENVIRONMENTAL ZONE TASK FORCE CONCEPT PAPER AND RECOMMENDATIONS SUBMITTED BY: Environmental Zone Task Force (4/5ths Vote: Yes No.X"> BACKGROUND: On January 12, 1993, Council created a 14-member Task Force to identify ways of attracting "environmentally sound" businesses to Chula Vista. At that meeting Council directed that the Task Force would commence February I, 1993 and sunset in six months (July 1993). In early February Councilman Fox submitted 14 names as Mayoral nominees for the Task Force and on February 9 those individuals were ratified by Council. Members represent the business community, environmental and non-profit community organizations, education, the San Diego/County Reinvestment Task Force, the Chula Vista Council, and the Chula Vista Economic Development Commission (see Exhibit A). Councilman Fox chairs the Task Force. The Task Force was initially charged by the Mayor with sponsoring "state legislation amending the Enterprise Zone State code...in order to include two demonstration projects - one in Chula Vista - aimed at encouraging environmentally sound business/industrial development within the zone... ". Two key concepts were proposed at that time: 1) enticing existing companies through state and local incentives, and 2) establishing an incubator program to "grow" new start-up businesses. The incubator program would also utilize state tax incentives and work with local lenders. The first meeting of the Task Force was held on February 26. Two Focus Groups were also formed: 1) Financial Incentives, and 2) Incentive Eligibility Criteria. The Financial Incentives Focus Group brought in community resource people representing such areas as environmental management consulting, Bankers CDC, Small Business Financial Corporation CDC, City of San Diego Economic Development/Enterprise Zone, California Trade and Commerce Agency, and Bond Counsel (see Exhibit B). On April 30 the Task Force adopted the Concept Paper as attached (dated May 3, 1993). RECOMMENDATION: The Task Force recommends that Council: 1) accept and approve the Border Environmental Commerce Zone (BECZ) Concept Paper dated May 3, 1993, and 2) support the application for CDBG funds for a full-time BECZ Coordinator by vote at the May 25, 1993 Council meeting. BOARDS/COMMISSIONS RECOMMENDATION: The Concept Paper and recommen- dations are submitted by the BECZ Task Force. /'j- / Page 2, Item A Meeting Date 05/11/93 DISCUSSION: A. Proe:ram Concept The program, as currently envisioned, includes the following basic concepts: 1. Creation of a Joint Powers Authority (JP A) including the jurisdictions in the Zone (i.e., Cities of Chula Vista, San Diego, National City, and Imperial Beach and San Diego County) essentially covering the area south of Highway 94 to the border; east of 1-5 and west of future SR 125. (This would not require State legislation.) 2. State designation of this area as a Border Environmental Commerce Zone. Such designation would potentially establish a north/south Demonstration program. (This would require State legislation. Initial legislation designating the Zone is proposed for this year--with actual State incentives to be requested next year.) 3. Creation of a non-profit entity to handle the daily administration of the program. The non-profit entity could be contracted by the JPA to administer an Environmental Technology Resource Center (ETRC), an Incubator Program (the incubator facility to be located in Chula Vista) and potentially one or more for-profit subsidiaries having environmentally-oriented goals. (The Task Force is recommending the use of City CDBG funds to immediately hire the non-profit Zone Coordinator.) The purpose of the ETRC would be to provide centralized technical and business assistance, to seek state and federal funding for innovative programs and to be an environmental business clearinghouse. The ETRC would provide technical and financial assistance to qualifying businesses, i.e., to both incubator tenants and non-tenants within the Zone. In addition to eligibility for ETRC services, incubator tenants would benefit from cheap, flexible space and shared on-site services/amenities such as clerical, computer equipment and conference rooms. The Concept Paper more fully explains the types of assistance to be provided by the ETRC and the Incubator Program. B. Fundin!!: for Zone Coordinator The Task Force is recommending that City Council approve the program in concept as proposed and provide up-front seed money for a full time Zone Coordinator. The seed money to hire the Zone Coordinator would come from FY 93-94 CDBG funds. The Task Force's intent is for Council to make a commitment to hiring a full-time professional to undertake a complex and time-consuming effort, i.e., to flesh out the programmatic, political, structural, legal, and financial issues and to actively seek public and private funds. . The Zone Coordinator would work for the non-profit, which could initially consist of the individual filing the Articles of Incorporation, potentially the Chula Vista City Manager. 1'1 ",)... Page 3, Item ~ Meeting Date 05/11/93 C. Outstandim! Issues Because the proposed Zone Program entails partnerships at the local, regional, state and federal levels, as well as significant demands on resources (i.e., staffing, operating costs, financial incentives). There are numerous issues to be addressed. Issues which staff and the Task Force have identified as needing to be addressed include: . Political support from the proposed participating local entities. . Viability of proposed legislation creating zone and new tax incentives. . Related on-going and potentially conflicting or competitive efforts at the State and local levels. . Viability of linking program to one or more of President Clinton's economic stimulus/economic conversion federal funding programs. . Viability of securing private corporate dollars. . Establishing linkages with existing technical assistance/financial assistance resources. . Financial participation of participating local jurisdictions. . Refinement of business eligibility criteria for incentive programs, including technical assistance from the ETRC. . Zone administration, i.e., staffing needed for the program (under the IPA, the local jurisdictions themselves and the non-profit agency/ETRC/lncubator). . Viability of establishing North/South Demonstration Program (and specifically of creating a partnership with the Silicon Valley Environmental Roundtable and Environmental Technology Center) (Exhibit C). FISCAL IMPACT: The Task Force is recommending that Council appropriate $100,000 in CDBG funds for hiring a BECZ Coordinator to implement the program. Additional impacts include staffing costs which would be required to direct and support the program's implementation. Such staffing would be required to assist in the creation of the IP A and non-profit, solicitation of funds, submission of legislation, and general program development (i.e., eligibility criteria, incentive programs, and administration.) Exhibits: (A) (B) (C) Membership Financial Incentives Focus Group Resource People Silicon Valley Environmental Roundtable and Technology Center ~/ ~O )V] / ,1/-'1 [C:IWP51ICOUNCILII 13SIZONE-I.l 13] CONCEPT PAPER BORDER ENVIRONMENTAL COMMERCE ZONE (BECZ) Prepared by the Chula Vista Environmental Zone Task Force May 3, 1993 This paper has been prepared by staff to outline the proposed Border Environmental Commerce Zone (BECZ) as currently envisioned by the Chula Vista Environmental Zone Task Force. L BORDER ENVIRONMENTAL COMMERCE ZONE (BECZ) GOALS The proposed BECZ will be designed to assist environmental technologies/services and thus strengthen an emerging, high-growth-potential economic base (see "Future of Environmental Industries," Exhibit A). More specifically, the BECZ is intended to create an environment in which innovative, minimal-impact processes and/or end-use products can be developed and utilized to help clean our air, water and land by providing incentives for companies that manufacture products or provide services that are environmentally beneficial, in a manner that is environmentally friendly. The BECZ is envisioned to address the proposed North American Free Trade Agreement (NAFT A) in terms of attracting both" clean" industries and "clean-up" technologies to the border area in anticipation of increased demand for these technologies and services on both sides of the U.S./Mexico border. Finally, the BECZ is envisioned as a "testing ground" for a partnership oflocal, regional, state and federal entities to join together in a Demonstration Program. Based upon the Pilot Program's experience, the program can be modified and replicated throughout the state. The Zone will bring the entities of Chula Vista, City of San Diego, County of San Diego, Imperial Beach, and .National City together in a border-oriented, regional approach which utilizes local incentives and resources as well as state-enabling legislation and resources. BECZ initiatives will support existing and proposed state economic development and environmental technology related efforts, including the California Enterprise Zone and Recycling Zone Programs (already operating in San Diego County) and the state's CalEPA Environmental Technology Partnership Program, and will support national efforts such as economic conversion/technology transfer programs. II. BORDER ENVIRONMENTAL COMMERCE ZONE (BECZ) OBJECTIVES In order to accomplish the above goals, the BECZ will be designed to encourage: L Research and development of innovative environmental technology. 2. Commercialization of new environmental technology. 3. Start up of environmentally sound businesses. 4. Export of U.S.-based environmental technologies, goods and services. S. Attraction and expansion of environmentally sound businesses having a significant economic impact. ",5' Page 1 A variety of assistance programs will be offered within the Zone in order to achieve its goals and objectives. III. QUALIFYING INDUSTRIES The criteria established in this section determine a business' eligibility for BECZ assistance and incentives. Types of eligible businesses include "producers", "users", or "service providers", as defined below. . Producer A company which innovates, develops or manufactures an environmentally-sound product for one of the categories under Section B. . User Any business which uses environmentally sound technology, defined as technology that goes above and beyond the required control technologies. . Service Provider Any business which provides for and utilizes environmentally sound processes. A. Criteria Level I (Environmental Factors) A qualifying business MUST: 1. Demonstrate that it utilizes the highest level of pollution prevention technology/processes with a zero discharge goal. For those that do not use control technology, a qualifying business must demonstrate that it strives for minimal depletion of the natural resources it uses. 2. Achieve a threshold score on an Environmental Audit measuring environmental impacts. Audit criteria will include, but not be limited to such factors as: a) Historical environmental compliance record b) Projected measurement of discharge to air, land and water c) Storage and utilization of chemicals d) Projected environmental contribution of product e) Production process f) Air Pollution Emission requirements: (1) Compliance with one of the following measures - if the company is subject to the Air Pollution Control District's New Source Review requirements: . Best Available Control Technology . Reasonable Available Control Technology /9--(, Page 2 (2) Participation in the State-mandated Permit Assistance Program - if the company meets the Small Business Permit Assistance definition of "small business"': g) Performance of a Health Risk Assessment - if required by the APCD under the Toxic Hot Spots Program. 3. Meet minimum economic viability criteria. A qualifying business MUST NOT: 1. Import or collect, for the primary purpose of disposal and/or transport of toxic, hazardous or radioactive wastes. Non-catalytic thermal destruction technologies would not qualify. The Zone is not intended to encourage off-site treatment, storage, disposal or recycling (TSDR). B. Criteria Level 2 (Categories of Business) A qualifying business must fall into one of the following categories. 1. research, development and manufacturing of pollution control equipment 2. technologies or strategies that prevent pollution or decrease waste generation AND emit small amounts of pollutants in the production phase 3. businesses producing products or processes promoting the conservation of natural resources, such as water reclamation and sewage treatment technologies 4. development of alternative energy/fuel sources 5. pesticide and herbicide alternatives 6. non-point source treatment technologies 7. industries utilizing innovative low emission technologies 8. a business that exports products or services using environmentally-sound technology 9. consultant services C. Criteria Level 3 (Non-qualifying business/Reapplication) A non-qualifying business may consult with the Environmental Technology Resource Center (ETRC) in order to identify methods to successfully achieve compliance with Zone eligibility criteria (Le.: addition of pollution control technology, reduction of waste stream discharge, conversion to toxic-free processes, etc.). The company may subsequently reapply and be eligible for BECZ incentives. D. Criteria Level 4 (Training Requirement) The BECZ will become a leader in environmental education and awareness in Southern California for the business community. The Center will accomplish this through the , dermed as a business which employs less than 100 people and/or which emits less than 10 tons a year of any 1 pollutant and less than 20 tons per year of all pollutants /9-7 Page 3 involvement of all participants in the zone, through their attendance at educational seminars and/or through their donation of technical expertise to educational programs. The Environmental Education program will tap state-of-the-art pollution prevention and control methods, leading-edge applications of new technologies, and multi-national environmental management approaches. E. Criteria LevelS (On-going Compliance) Businesses receiving BECZ incentives obligate themselves to comply with BECZ goals and eligibility criteria and State laws and regulations during the period of assistance. Noncomplying businesses would be subject to penalties. Violations of state law include: a) willful intent to violate an emission standard; b) violation of an emission standard through negligence; or c) administrative violations. Zone penalties will vary based upon the nature of the violation(s), per types a, b and c. IV. BORDER ENVIRONMENTAL COMMERCE ZONE BOUNDARIES The BECZ is proposed to include the City of Chula Vista, the southern portion of the City of San Diego, portions of the unincorporated County of San Diego and most of the Cities of National City and Imperial Beach (see Exhibit B). Specifically, the BECZ is proposed as a block, bordered by the United States-Mexico border to the south, moving a total of 15 miles to the north using the major transit systems on all three sides. These transit routes include 1-5 to the west, State Route 94 to the north and future State Route 125 to the east. The Zone includes all land within these boundaries and a two-mile buffer zone outside and along all three transit routes to provide businesses with quick access to the freeway system and the border. V. BUSINESS ASSISTANCE AND FINANCIAL INCENTIVES As mentioned above, the BECZ is envisioned to offer a range of assistance, including financial incentives tiered to correspond to both the individual company's risk factor (or success quotient) and its potential economic impact - with more generous incentives available to low risk, high impact businesses. Structurally, the zone is proposed to offer various types of assistance via the following delivery systems: 1. Joint Powers Authority covering the jurisdictions included within the Zone. 2. Non-profit Agency with non-profit and/or for-profit subsidiaries to include an Environmental Research Center/Incubator Program 3. State tax credits and/or other State-authorized incentives 4. Participating Local governments' incentives (including Redevelopment Agencies) 5. Potential Federal incentives /CJ~ ~ Page 4 Environmental Technology Resource Center/Incubator Program An Environmental Technology Resource Center/Incubator is proposed to offer centralized environmental educational business assistance programs. The ETRC would become a source for state-of-the-art environmental technology education, information, and training for the business community in Southern California. The ETRC will be an integral part of the Environmental Zone, providing leading-edge pollution prevention and control training to all participating businesses. The technical assistance and financial assistance programs would be tailored to the type of industry, the individual business' stage of development, and the anticipated economic impact. The ETRC and Incubator ideally would be co-located in one facility. The ETRC's role would be to: . Serve as an information clearinghouse/referral system . Provide access to financial assistance and technical assistance . Provide regulatory compliance and permit processing assistance . Provide centralized resource for displaced/transitioning workers and businesses The proposed program entails both an "Incubator with walls" and "Incubator without walls" concept. As proposed, the Incubator Program would be operated by a regionally-based non- profit entity which potentially would act as an umbrella organization for one or more for-profit subsidiaries. 1. "INCUBATOR WITH WALLS"/TECHNICAL ASSISTANCE This program would entail the construction of one or more R&D/industrial incubator facilities. The facility(ies) would offer space to qualifying start-up, re-emerging and small businesses. The non-profit's charter would require that these physical facilities be located within the City of Chula Vista. The incubator facility would offer a range of advantages and on-site services to start-up, re- emerging businesses, and small businesses including, but not limited to: inexpensive and flexible space, shared equipment, capacity image enhancement and convenient on-site networking and mentoring. Additionally, business development and marketing development services would be made available on- and off-site. Examples of general technical assistance which would be offered to incubator tenants are highlighted below in order of "evolution of need" by individual companies: Space and Shared Services . inexpensive, flexible and convenient space . shared services, such as equipment and inventory control . capacity image enhancement Business Development Services . planning . basic financial services /'''1 Page 5 . basic marketing . introduction and mentoring . technology application . regulatory approval fast track Marketing Development Services . market definition . getting products to market . import/export . sales support systems . order fulfillment support systems Advanced Growth Services . reordering the company for growth . developing partnerships and joint ventures . creating new organization and ownership . developing venture capital strategies . valuation of the company It would be the intent of the program to provide an environmentally-permitted facility to the extent possible to avoid environmental review delays and costs for individual tenants. The incubator would also facilitate testing of product prototypes both on- and off-site. The building would be customized to meet the environmental industry's specific needs including "clean room" space. The incubator facility would be managed by an on-site Incubator Coordinator who would be responsible for providing centralized management of the facility's operations including overhead and leasing as well as providing a package of incentives for tenants and access to technical and professional services. Such services could be provided pro-bono or at a discount to resident tenants. In order to qualify to located within an incubator facility, candidate tenants would be required to be screened by both a Technical Advisory Council and a Financial Advisory Council. Tenants would be required to meet certain criteria including preparation of an acceptable business plan, demonstration of need, business efficacy and product viability. Tenants would also be required to "contract" with the incubator program to undergo a program of technical training (for example, via Southwestern College or some other identified consulting entity) or to link with a skilled team of advisors. An exit policy would be developed regarding turnover of incubator tenants. 2. "INCUBATOR WITHOUT WALLS"/TECHNICAL ASSISTANCE The Incubator program as described above entails a Technical Assistance delivery system based upon a networking of for-profit and non-profit resources which would be offered through the Environmental Technology Resource Center (these could be co-located in the same facility). 19' I~ Page 6 This network of services would also provide assistance to qualifying businesses within the Zone which are not tenants of the incubator facility. Examples of specific local technical assistance public and private partnerships which may be resources for the proposed BECZ, or serve as model programs, include: Project/Program Description Status San Diego Application California Environmental Technology Emerging state consortium Assist funding for research and Partnership (CETP) demonstration projects. Aid export of locally produced product. Center for Applied Competitive Existiog program at City Assist industries to modernize Technology (CACT) - City College College, sponsored by NIST manufacturing, to develop quality management approaches (TQM) California Manufacturing Technology Existing program at EI Camino Assist small aerospace businesses Center (CMTC) - EI Camino College College shift from defense to commercial manufacturing. Job Training. Alternate product markets. Small Business Innovation & Existing SBA program with Source of research & development Research (SBIR) Program expanded funding funds for small businesses. Small Business Technology Transfer Emerging SBA program Source of cooperative R&D funds (SBTT) Program for small businesses. National Institute of Standards and Existing NIST program Funding source for R&D through Technology (NlST) Advanced government-business partnerships Technology Program (ATP) applying CRADA agreements. DOT Federal Highway Existing FHW A program Infrastructure technology program Administration (FHW A) Inter Surface conducting demonstration projects Transportation Efficiency Act such as Intelligent Vehicle Highway (ISTEA) Projects System (lVHS). CALST ART public-private Existing California program Consortium for developing and partnership promoting state based transportation technologies. Western States Transportation R&D Emerging California project Future center to develop Center transportation related technologies. Source: San Diego Economic Adjustment Program Report Other sources of Technical Assistance include Southwestern College's Small Business and International Trade Center (and the SBDC's proposed SBIR and CRTA centers - which link with NASA and DOD among others), and the San Diego Consortium and Private Industry Council, the Sweetwater Union High School District Career Awareness Center, and private consultants such as attorneys, accountants, local professors, local environmental technology industrialists and related experts. Examples of specific Environmental Technology Resource Center technical assistance services which could be available to incubator tenants and/or non-tenants include: . productivity and quality assessments . review of manufacturing methods and processes 1'7'1/ Page 7 . business systems and access to databases . networking assistance with plant layout and operations . advice on acquisition of equipment and qualifications of suppliers . total quality management and related competitiveness training . exporting . research and development . conversion and technology transfer strategies (e.g. feasibility; product development; commercialization; linkages with defense and other industry, federal labs, etc.) NOTE: This ties into President Clinton's proposed manufacturing extension program. . procurement assistance to businesses seeking government contracts . displaced worker training/entrepreneurial training . permit facilitation 3. FINANCIAL ASSISTANCE PROGRAMS In addition to Technical Assistance, the BECZ is proposed to offer direct financial incentives which as mentioned earlier would be tailored to the businesses' needs, stage of development and level of risk. Examples of contemplated incentive programs are as follows: . State "mandated" CALEPA Regional One Stop Permit Center . State "mandated" Cal Environmental Technology Partnership (CETP) Special Project . Targeted Environmental Technology demonstration grant program (existing - CalEP A and Trade and Commerce) . Recycled Products Market Development Program (being developed by Integrated Waste Management Board) . Extension of Recycled Products Investment Tax Credit (existing Statewide; expires 6/30/93) . Seed Capital Fund (loan/grant/guarantees) for start-ups and re-emerging "spin-offs . Venture capital pools (equity financing) . Industrial Development Bond (IDB) Credit Enhancement . IDB Issuance Fee Waivers . Banker's CDC loan preferential treatment . State Enterprise Zone incentives (existing - City of San Diego Enterprise Zone) . State Recycling Zone incentives (existing - City of San Diego Enterprise Zone) . State tax deduction for net operating loss (front-loaded) . State sales tax exemption for qualified equipment (e.g. pollution control) . State corporate income shelter . State tax credits to lenders (personal, commercial and bond) and to investors (equity and stock), allowing 5 year carry forward . State preference for Industrial Development Bond allocations . Redevelopment land or predevelopment subsidies . Revolving loan fund (Real estate/working capital) . Loan guarantees (Real estate/working capital) . Import/Export Revolving Loan Fund . Government contract preference . Long term lender CRA focus I fj,/.t Page 8 Exhibits C and D illustrate the proposed Tiered Incentive Process which correlates business needs and risk levels with assistance available. VI. BECZ ADMINISTRATION BECZ Joint Power Authority (JPA Board) As referenced earlier, the Zone envisions a multi-jurisdictional, regional authority as the umbrella organization. This body would be formed as a Joint Powers Authority (JPA). The JPA would be a municipal corporation whose primary roles would be to: 1) Provide a vehicle for program coordination among the 5 jurisdictions. 2) Provide a regional, geographically-based entity for designation as a State Incentive zone. 3) Act as the general policy-making oversight board for the Zone and the contractor to a non-profit administrative entity. 4) Provide a regional tax-exempt bond issuance mechanism. 5) Provide a regional governmental conduit for state, federal and/or private funds, as needed. 6) Act as a liaison to other governmental entities as appropriate. However, it should be noted that the JPA would have no greater authority than the powers of the respective jurisdictions and then only to the degree that such powers are actually delegated to the JP A. The JP A board would be composed of representatives from each of the participating entities' legislative bodies. BECZ Non-profit The JP A would transact its daily business through a contractual relationship with a separate non- profit organization. The non-profit's Board would be comprised of primarily private sector constituents. The primary roles of the non-profit entity would be to: 1) Adopt and implement the goals of the BECZ (as initially outlined herein). 2) Adopt the BECZ's Incentive Eligibility Criteria (as initially outlined herein) and insure that eligibility criteria reflect the stated BECZ environmental and economic goals. 3) Establish an Environmental Technology Research Center (ERTC) to further BECZ goals. 4) Establish an Incubator Program to further BECZ goals. 5) Create other for profit and/or non-profit subsidiary organizations/programs to further BECZ goals. 6) Establish a Technical Advisory Council to advise the Non-profit regarding technical issues relating to general program policy, incentive eligibility criteria, program compliance issues, etc. 7) Establish a Financial Advisory Council to advise the Non-profit regarding business management and financial assistance matters, including financial incentive structuring and eligibility. 8) Administer BECZ technical assistance and financial assistance programs. 9) Solicit and administer program funding - public and private; for both operating costs and business assistance programs. 10) Fill Non-profit Board vacancies. 19--/3 Page 9 11) Advocate for a business climate conducive to targeted environmental industries (within non-profit guidelines). As a non-profit, this entity could be a conduit for public and private grants and contributions and would have greater flexibility than a governmental organization in terms of such items as procurement policies and practices. As mentioned, the Non-profit could act as an umbrella organization for one or more for-profit or non-profit organizations. The purpose of these entities would be to generate revenues to contribute to the program's costs while concurrently pursuing environmental zone goals and objectives. An example of this might be the following scenario: 1. A private land owner donates contaminated property to the Incubator Non-profit. 2. Private companies donate remediation investigation and clean-up services in exchange for equity participation. 3. The Bankers CDC makes loans to private buyers of the cleaned up property in return for CRA credit. 4. The cleaned up property generates income for the Incubator Program and "investors." VII. PROGRAM COSTS/FUNDING SOURCES Costs The Zone as proposed would require very significant funding commitments. In the immediate stages, funds would be needed to pay for a full-time Zone Coordinator to develop and refine the overall Zone concept, to assemble a team of experts, to mobilize the participating entities and establish the organizational structure to identify and secure funding sources, to identify and secure a location for the ETC/Incubator, and to pursue State legislation as needed. The source of seed money being recommended is Community Development Block Grant monies contingent upon equal matching from other sources. Costs of the Zone program's overall implementation and management are difficult to identify at this time. However, funding is anticipated to be needed at a minimum for the following: 1. ETC/Incubator . Land acquisition and improvement . Facility construction . Equipment . Operating and maintenance costs . Staffing Incubator Manager Clerical support 2. Technical and Financial Advisory Councils . Staffing (to provide support for such activities as Incubator tenant screening, background checks, monitoring) . Consultant services /9-/1 Page 10 3. Environmental Border Zone JPA . Staffing (to support public meetings, bond issuances, and general administration) Fundinl! Sources Funding is anticipated to be secured from both public and private sources. Currently, the Task Force envisions the City of Chula Vista and/or other participating entities contributing up-front seed money for a BECZ Coordinator as discussed previously. Assuming funding is allocated up front, the BECZ Coordinator and team will further develop and implement the initial ETRC/lncubator program. Subsequent revenues are anticipated to be a combination of state, federal, local and private funding with the emphasis on private corporate dollars. Further investigation of potential governmental grant programs and private funding sources is necessary to develop a budget strategy. Possible federal sources include DOC, DOE, EDA, DOT, DOL with an emphasis on President Clinton's Economic Stimulus/Economic Conversion programs. Possible state sources include the California Environmental Partnership Program as well as specific direct financial incentives via state tax benefits for individual businesses. Other state-related possibilities include such items as targeting revenues from Air Quality Management Districts, waiving state bond issuance fees, etc. Potential corporate funding could come from budgeted Outplacement Programs, which currently account for significant dollars. The ETRC/lncubator facility(ies) itself could be acquired through purchasing, leasing or private donations. Potential funding sources include federal, state, and local governments, private corporations, foundations, and venture capital. Financing mechanisms could include: . public/private partnership . debt financing . equity financing . cash or in-kind contributions . grants or loans . public stock offerings . limited R&D partnership VIII. STATE LEGISLATION The Task Force currently recommends immediately pursuing state legislation which would at a minimum, identify the Environmental Technology Commercial Zone as a state authorized regionally based incentive zone. The legislation would identify the JPA and non-profit ETC/lncubator program, and establish a legislative framework under which State Enterprise Zone/Recycling Zone incentives can be linked and additional State Environmental Commerce Zone incentives developed. As the Environmental Zone is further developed by the BECZ Coordinator, additional legislative authority may be requested. 19'15' Page 11 IX. SUMMARY OF PROPOSED RECOMMENDATIONS A brief summary of the Task Force's recommendations is as follows: 1) Request the Chula Vista City Council to authorize a FY 93/94 allocation in City of Chula Vista CDBG funds to hire a full-time BECZ Coordinator (as staff to the proposed non- profit administering agency; see #2 below) and related consulting services to fully develop and implement the Zone program. The approval of CDBG funds would be contingent upon receipt of matching public and/or private funds. 2) File Articles of Incorporation for a Non-profit organization to act as the umbrella administrative entity for the ETRC/Incubator Program. (The individual filer of the articles of incorporation would constitute the Board until the full Board is appointed; the initial Board member could be the Chula Vista City Manager.) Identify the composition by category of expertise and geographic representation of the non-profit Board. (Note: Appointment to the Board could be tied to financial participation.) 3) Form a Joint Power Authority in conjunction with National City, Imperial Beach, City of San Diego, County of San Diego and City of Chula Vista to coordinate the multiple jurisdictions' participation, with the capacity to issue tax-exempt bonds. (Note: Appointment could be tied to financial participation.) 4) Submit legislation seeking state designation of the JPA as a Border Environmental Commerce Zone, and designating the Zone and the Environmental Technology Research Center/Incubator Program as a State Pilot Project. (Note: Linkage with the Silicon Valley ETRC/Incubator Program which is also in its embryonic stage should be considered.) 5) Pursue federal funding. 6) Pursue State legislation authorizing specific State incentives for BECZ eligible businesses. .fIG X HI I!J/S NOT SCANNED WPC f:\home\conundev\791.93 19"/1, Page 12 February 3. 1993 MEMO TO: The Honorable City Council Councilman Bob FO~ ENVIRONMENTAL ENTERPISE ZONE TASK FORCE FROM: SUBJECT: EXHIBIT A Enclosed for your approval are the individuals the Mayor would like appointed to the Environmental Enterpise Zone Task Force. RF;pw Encls. zone cc: City Manager Goss Barbara Bamberger /1"/ ? ~N\'!RONMsNTAL ENTERPRIZE ZONE TASK FORCE REPRESENTATIVES a) 14 members b) 5 members from the Business Community: 1 - Banking 1 Commercial Real Estate 1 - Business 1 - Chamber of Commerce 1 - Enviromental Technology c) 5 members from Environmental/Community organizations/local universities: 2 - Environmental Organizations 1 - Non-profit Community Development Corp 1 UCSD 1 Southwestern College d) 4 members from Governmental Agencies: 2 city Council Members 1 - city/County Reinvestment Task Force 1 - Economic Development Commission ---------------------------------------- ICJ"/Y / . BUSINESS coMMUNITY REPRESENTATIVES: 1. Banking - ENRIQUE MELGAR Manager, Chula vista Branch for International savings Bank 2. Real Estate - BERNIE RHEINERSON chairman of Legislative Committee - Federation and Building Industry Directors construction Industry Association Board of 3. Business - SHEILA WASHINGTON california Business Incubator Network 4. Chamber of Commerce - DON BLIND Laidlaw Inc. 5. Environmental Technology - GRANT FERRIER Editor-in-Chief Environmental Business Publishing Co. Dftf\J NOB~ ENVIRONMENTAL/COMMUNITY/UNIVERSITY/ REPRESENTATIVES 1. Environmental organization -DIANE TAKVORIAN Environmental Health Coalition 2. Environmental organization - MICHAEL sHAMES sierra Club 3. community Development Corp. - JAY POWELL. city Heights community Development Corp 4. Southwestern College - VICTOR CASTILLO project Coordinator, Business International Education Program 5. university Institute studies of California San Diego - GORDON MCDONALD for Global Conflic and change Environmental GOVERNMENTAL AGENCIES 1. city County Reinvestment Task Force - JIM BLIESNER Reinvestment Director 2. councilperson SHIRLEY HORTON 3. councilperson BOB FOX 4. Economic Development commission - 19''/ , EXHBIIT B BORDER ENVIRONMENTAL ZONE , FINANCIAL INCENTIVES FOCUS GROUP 1. Stewart Borie (310) 393-4358 Environmental Partners (F) 295-5743 937 Tenth St., Suite 5 Santa Monica, CA 90403 2. Jeni Roberson 291-3594 Bankers CDC P.O. Box 882228 5353 Mission Center Rd #218 S.D., CA 92168 3. Lee Fenn 291-3594 Small Business Fin Corp. CDC (F) 291-6954 P.O. Box 882228 S.D., CA 92168 4. Mark Sullivan City of San Diego Economic Development 236-6235 Finance Specialist (F) 236-6512 1200 3rd. Ave., Suite 1620 S.D., CA 92101 5. Jim Bleisner 531-6272 County Community Reinvestment Task Force (F) 531-5199 1600 Pacific Hwy, MS A-6 S.D., Ca 92101 6. Bill Hawk 452-0504 Stone & Youngberg 4350 Lajolla Village Dr.# 805 . S.D. 92122 7. Enrique Melgar International Savings Bank 296 H Street Chula Vista, CA 91910 8. Ken Clark Southwestern College SBDC 900 Otay Lakes Rd. 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C\> r ..-, - ~ ( ~JI Chula Vista leads drive to attract clean industry Conversion: South Bay zone to ease defense cutbacks BY RICHARD CORE ( The city of Chula Vista is spearheading a drive to attract environmentally benefi- cial businesses to the South Bay. The goal is to increase the region's job base and aid its conversion from defense-related indus- tries. The effort, in the early planning stages, is being coordinated by a 14-member task force appointed by the Chula Vista City Council. "What we're trying to do is create an all-encompassing program, specifically for oncoming environmental technologies and businesses that will help clean up our land and air and water," said Barbara Bamberger, the city's environmental resources manager. As now envisioned, the Border Environ- mental Commerce Zone would be roughly bounded by San Diego Bay, State Route 125, State Route 94 and the international border. Within those boundaries, new and existing businesses considered to be envi- ronmentally sound would be eligible for loans, grants or tax incentives. HThis is not an enterprise zone as they currently exist," said Cheryl Dye, the city's economic development manager. "What we're going to do is build upon that concept. " Re<:ommendation Coming A draft proposal for the environmental zone was considered by the task force board late last week. Its recommendation to the city council is expected this month. After Chula Vista's council approves the concept, it will then be circulated to the city councils of Imperial Beach, National City and San Diego, and the cou.nty Board of Supervisors for approval. Stale legislation also would be required O( 'I r . "~ Ot -, c.~ , , , Of , . 41 ot t c... . , .... ~. ( - ---- ( ( - for the tax incentives and other portions of the program. As now envisioned, the program would be operated under a joint powers agree- ment among the participating jurisdic- tions. A private, non-profit agency staffed with professionals having expertise in business, environmental technologies, finance and other areas would administer it. Funding would be soughl from federal agencies such as the Department of Defense and Department of Energy. Chula Vista took up the effort at the urging of Councilman Bob Fox, who said he proposed the idea after hearing Presi- dent Bill Clinton and Gov. Pete Wilson championing environmentally safe tech- nologies as a means of revitalizing defense-dependent economies. HIt's going to be a new and evolving business that's going to be blossoming all over the world," Fox said. Future Silicon Valley "My ultimate dream is that this pro- posalturns the South Bay into the Silicon Valley of the future," he said. "If we do it right, it has that potential. to Dan Noble, vice president of Environ- mental Business International, a San Diego research, consulting and publishing company, said U.S. businesses developing processes and products for cleaning up the en-vironment account for an estimated $123 billion in revenues annually. By the end of the decade, they will bring in about $200 billion, Noble said. More than 40,000 companies nationally are involved in environmentally oriented businesses, about 300 of which are traded publicly, he said. HIt has been a major growth industry in the last 10 years," Noble said. "It might have grown even more ifit weren't for the Reagan administration." That growth has slowed somewhat recently. Hit's a measured growth," he said. HBut at least it's growing." /~ '-23 1 MAY-11-'93 TUE 08:29 ID: TEL NO: 11011 P02 / , ~/9 THE CITY OF SAN DIEGO JUAN VARGAS QlQUNOIl..MIMIE" eiGHTH Dt8T"IOT May 10, l1111J The Honorable Tim Nader Kayer city of Chula Vista 276 Fourth Ave. Chula vista, CA 91910 Dear Mayor Nader: I am writing to endorse Chula vista'a ptoqram to assist environmentally--oriented businesses in locating in the South Bay. Environmental technology ano related industries have the potential to bring jObS to the South Bay. i i.':;L I am told that on May 11, the Chula Vieta Taek Foroe will recommend the creation of a regional Border Environmental Commerce Zone in partnerehip with the state and federal governments as well as the private sector. Hopefully, this approach will spur economic growth while helping the environment. The city of Chula Vista 1s to be commended. sincer8elY, ~".... V;lC<l~ JVAN ~ -:- councillll8lDber Eighth District JVlpom alY~nllulldJng . 202 C StIwt . SanDiego,~ 92101 . (619)236-66llll ~ DIVERSITY IlRNGS us All. TOOEllfi .IW....,......,..,.,~ Iq - 24- SD CNTY BRD OF SUPRVRS TEL No.619-557-4025 May 11.93 11:40 No.007 P.02 e oIt~,.. /~ r BRIAN P. BILBRAY CHAmMAN -.....- ....DI!IlO__~_ May 11, 1993 lbe Jlonorable 11m Nader Mayor. City of Cbula Vista 1:16 Fourth Avenue Chula Vista, CA 91910 Dear 11m: I want to c:ongratulate <l1ula Vista's effott& to assist environmenta11y-orlented business to locate in the South Bay. Bnvironmental technology and related indUSU'les dearly have tremendous growth potential which can translate into slgnlRcantjobs and an overall positive ec:onomlc Impact upon our communities. I undersland that on May 11 the Cbula Vista Task Force will be recommendlDJ the c:nlatlon of Ii regionally-based Border Environmo.ntal Commerce zone in partnerllhlp with state and federal programs as weU as the prIVate scc:t01'. The program J5 an ambitious one and I applaud <l1ula Vista for ClOIISIdering making the commitment to this forward-thinking 'business development initiative. I ) ;z' cere y. -/. an P. Bl1~ Chairman BPB:c:ah OOIIIf1Y_:,._tHOP__V.__...._c..Ollt014<ftIl1I1M,....nFJijI,II1Il.,-. VlG'Aa:ACIi ._lliMWIONtmEEI'.1U1'E O.otMA~OA"'''''' "1~"''''16D Iq-Z-Y COUNCIL AGENDA STATEMENT REVIEWED BY: Item JO Meeting Date 5/11/93 Resolution: ) 7)) IAmending the City's Master Fee Schedule to establish new green fees at Ch~ Vista Municipal Golf Course Director of Parks and Recreati~ City ManagerYJ (4/5ths Vote: Yes_No...L) ITEM TITLE: SUBMITTED BY: American Golf Corporation, the golf course lessee, is requesting a new green fee schedule effective May 1, 1993, and a change in the Resident Senior Monthly Ticket program. RECOMMENDATION: That the City Council amend the Master Fee Schedule and: 1. Adopt the Department's proposed green fees effective July 1, 1993; and 2. Maintain the status quo on the Senior's Resident Monthly Pass and Yearly Card Holders. BOARDS/COMMISSIONS RECOMMENDATION: The Parks and Recreation Commission, at their April 15, 1993 meeting, took the following action on a 6-1 vote (Sandoval-Fernandez opposed) to: 1. Endorse the Department's recommendation for the fee adjustments effective July 1, 1993, and 2. Maintain the status quo on the Senior's Resident Monthly Pass and year pass holders Monday through Thursday. DISCUSSION: On April 18, 1992, Council approved the existing green fee schedule effective on May 16, 1992, for the Chula Vista Municipal Golf Course. A new non-resident fee category was approved and instituted and the existing fee for residents was not affected in the new green fee schedule. American Golf is requesting a fee adjustment for all of the green fee categories at this time. The existing fees, proposed fee by American Golf, and the Department's recommendation are noted below: d-O-/ Page 2, Item ,2. /) Meeting Date 5/11/93 AMERICAN DEPARTMENTAL WEEKDAY EXISTING GOLF'S RECOMMENDATION PROPOSED Resident 18 holes $13.00 $15.00 $14.00 Non-Resident 18 holes 15.00 18.00 18.00 Resident 9 holes 8.00 9.00 9.00 Non-Resident 9 holes 9.00 10.00 10.00 Resident Twilight 9.00 10.00 10.00 Non-Resident Twilight 10.00 11.00 11.00 Resident Senior Discount 6.50 7.50 7.00 Resident SeniorfMonthly Pass 40.00 42.00 40.00 $1.00 a round DEPARTMENT WEEKENDS & HOLIDAYS EXISTlNG PROPOSED RECOMMENDATION Resident 18 hole $17.00 $19.00 $18.00 Non-Resident 18 hole 20.00 24.00 24.00 Resident 9 hole 10.00 11.00 11.00 Non-Resident 9 hole 12.00 14.00 13.00 Resident Twilight 11.00 12.00 12.00 Non-Resident Twilight 13.00 14.00 14.00 In addition, American Golf is requesting a restriction on the two Resident Senior programs. The current two resident senior programs are: 1. Resident Senior Discount Card Program allows eligible seniors to purchase a $10.00 yearly discount card. This enables them to receive a 50% discount on green fees Monday through Friday. 2. Resident Senior Monthlv Pass Program. A monthly pass may be purchased for $40.00 by eligible seniors. This pass enables them to play at any time Monday through Friday, for $1.00 per round. American Golf proposal would restrict reserving tee times between 8:00 am and 12:00 noon, Monday through Friday for the Resident Senior Monthly Pass and Resident Senior Discount Card players. They feel the resident seniors are using a substantial number of "prime time" tee times which impact golf course revenues. If there are open tee times between the hours of 8:00 a.m. and 12 Noon, Resident Senior golfers may sign up on a waiting list to play. If Resident Seniors want a guaranteed reservation, they would have to pay the full rate. Originally, American Golf's letter (Exhibit "A") on January 28, 1993, proposed eliminating the Senior Monthly Pass or limit the use of the monthly card to between 8:00 a.m. and 12:00 noon, Monday through Friday. The second option would allow Senior Monthly Card holder to play during these hours if they paid the 50% senior discount. At the Parks and Recreation Commission meeting on April IS, American Golf clarified their initial request to restrict advance reservations for both senior ,}.Q ...2- Page 3, Item ).. () Meeting Date 5/11/93 programs. Seniors would still be permitted to play during the prime hours by signing up on a waiting list. If open tee-times are available, Seniors would be assigned a tee time. American Golf estimates that there could be a waiting period up to one hour. Analvsis Attached as Exhibit "B" is the history of the green fee rates at Chula Vista Municipal Golf Course since American Golf Corporation signed an agreement with the City in November 1984. The new fee proposal and the department's recommended fees are included in the exhibit. Section 12F. of the Lease Agreement between the City and American Golf states: "City shall have the right to approve green fees charged by lessee. It is the City's intention that such green fees may be comparable to those fees charged by other comparable public golf courses in San Diego County for similar services. Lessee agrees that green fees will be adjusted not more than once every lease year. . .". In the past nine years, this is American Golf's seventh request. The last fee adjustment went into effect on May 16,1992, and raised fees only for nonresident players on the Council's approved two-tier green fee system. Resident fee rates have not been raised since March I, 1991. The Department has analyzed the proposed green fee schedule and concluded the greens fees at Chula Vista Municipal Golf Course will continue in the middle range with comparable golf courses. The following public and semi-private golf courses were used as comparables: GOLF COURSES. PUBLIC WEEKDAY RATES WEEKEND RATES Proposed Rate by AGC Chuta Vista - Resident $15,00 $19,00 Chuta Vista - Non-resident 18,00 24,00 Coronado 17,00 17,00 Oceanside - Resident 12.00 16.00 Oceanside - Non-resident 16,00 21.00 Balboa Resident 12.50 14.50 Balboa - County 17.50 22,00 Balboa - non-County 25.00 30.00 Mission Trails 19,00 26,00 Torrey Pines Resident 14,50 16.50 Torrey Pines - County 23,00 25,00 Torrey Pines - non-County 39.00 46.00 ~(), ;:I Page 4, Item :;. 0 Meeting Date 5/11/93 GOLF COURSES SEMI-PUBLIC WEEKDAY RATES WEEKEND RATES Rancho San Diego - Ivanho 27.00 32.00 Rancho San Diego - Monte Vista 24.00 27.00 Singing Hills - Oak Glen 25.00 30.00 Singing Hills - Willow Glen 25.00 30.00 Booita Golf Club 15.00 22.00 EastLake 25.00 40.00 The above-mentioned graph shows Oceanside, Torrey Pines and Balboa residents' rates slightly lower than American Golf's proposed rates. Coronado's weekend rate for all golfers is $2.00 less than American Golf's proposed resident rate but weekdays rate is $2.00 higher. In comparing semi-public courses within the vicinity Chula Vista's rate schedule is substantially lower at all courses with the exception of the Bonita Golf Club. In this particular case, Chula Vista's Resident rates would be the same as Bonita Golf Club's rates. After reviewing American Golf's request for a rate increase, staff has taken into consideration: 1) comparable public golf courses in the County, 2) damage caused by the winter rains (estimated at $250,000) to the channel, bridges, fairways, 3) $40,000 already expended for repairs, and 4) loss of nearly $400,000 in golf revenue between December 1992 and April 1993. American Golf has continued to pay the minimum monthly rate of approximately $9,400 a month. The loss of City revenue above the minimum is estimated at $32,000. The actual loss of City revenue will not be realized until October, when the lessee submits an annual revenue report to the Finance Director. This has been an unusual year for American Golf in that the heavy rains has caused significant damage to the course that American Golf must repair. The Department has requested American Golf to provide a detail report on the damages occurred and their projected time-table to make the necessary repairs. This report is attached for Council's information. In addition, American Golf hasn't received approval to increase a resident rate in two years. Recognizing these issues and balancing the fact that the region is in an economic recession the Department is recommending the resident IS-hole rates be raised only $1.00 versus the $2.00 requested. The Department also evaluated American Golf's original request to restrict Resident Seniors between S:oo am and 12:00 noon and its effect on seniors. The restriction would have an adverse impact on Resident Seniors because of their possible inability to access the course during a popular senior time. Therefore, the Department could not support American Golf's original request to restrict Resident Senior hours and recommend retaining the status quo. The Department recommends the new fee schedule be effective July 1, and specify thereafter that new rates may not be adjusted for at least one full year. In specifying July 1 as the Fee increase date, would allow for consistency in future rate increases. 02P-tf Page 5, Item .). 0 Meeting Date 5/11/93 In conclusion, the Department's recommended rate adjustment will require City residents to pay comparable green fees with other golf courses of similar quality. In the past two years, American Golf has continued an aggressive capital improvement programs by reconstructing 13 greens, initiated an overseed program with rye grass on fairways to green up the course during the winter season, and are planning for an additional rebuilding of two greens in the fall plus $80,000 in additional improvements. These Capital Improvements will include replacement of a main irrigation well pump and drilling for a better quality of water. The request for new green fees and restricting residential Seniors play was presented to the Parks and Recreation Commission on April 15, 1993 (Exhibit C). The Commission received input from two members of the general public and from American Golf's Regional Manager. Mr. Scott Elvey, representing the Men's Golf Club, said their Board of Directors endorsed American Golfs rate increase request and the Board feels the new rates at Chula Vista would continue to be a good bargain for local golfers. After considerable discussion, the Commission recommended endorsing the Department's proposed fee increase and modified the existing Senior play to Monday through Thursday. The Commission believes that the general public would most likely take advantage of the prime tee times of 8-12 on Fridays rather than Monday through Thursday. Therefore, the Commission felt the advanced reservation service for seniors should not be available on Fridays, thus allowing the general public more reserve time during these hours. The Department believes there would not be a problem for the general public to access the course on Fridays between 8-12 and recommends no changes to the advance reservation service. The Commission felt this compromise will not impact the Seniors' ability to play golf and at the same time enable the golf course operator to realize more full-paying golfers to offset their operating cost. FISCAL IMPACT: Due to the Winter storms, the loss of golf course revenue to the City during the last four months will be approximately $32,000. It is estimated the new green fee proposal will provide an additional $20,000-$30,000 in City revenue. WPC F:\bome\parksrec\837.93 .2 () 5' /ZIJ ..t- RESOLUTION NO. /1111 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AMENDING THE CITY'S MASTER FEE SCHEDULE TO ESTABLISH NEW GREEN FEES AT THE CHULA VISTA MUNICIPAL GOLF COURSE WHEREAS, at the meeting of April 18, 1992, Council approved the current green fee schedule for the Chula vista Municipal Golf Course; and WHEREAS, a new non-resident fee category was approved and instituted and the existing fee for residents was not affected in the new green fee schedule; and WHEREAS, American Golf is requesting a fee adjustment for all of the green fee categories at this time effective May 1, 1993, and a change in the Resident Senior Monthly Ticket program; WHEREAS, staff is recommending a green fee schedule effective July 1, 1993 and maintaining the status quo on the Senior's Resident Monthly Pass and Yearly Card Holders; and WHEREAS, at its April 1993 meeting the Parks and Recreation commission voted 6-1 (Sandoval-Fernandez opposed) to endorse the department's recommendation for the fee adjustments effective July 1, 1993. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby amend Chapter VIII of the City's Master Fee Schedule to establish new green fees at the Chula vista Municipal Golf Course as set forth in Exhibit A, a copy of which is on file in the office of the city Clerk. Presented by Approved as to i.L- ,1t. Jess Valenzuela, Director of Parks and Recreation Bruce M. Boogaard, city Attorney C:\rs\greens fees clO-7/20-8 EXHIBIT "A" CHAPTER V!!! Greens Fees. Chula Vista Municioal Golf Course A. STANDARD GREENS FEES Number Standard Resident .ill Greens Discount Applicable Davs!I'imes/Months Holes Fees Rate Monday through Friday $18.00 !14.00 (excluding legal holidays) 18 $15.99 $1&.99 Saturdays, Sundays and legal holidays 18 24.00 18.00 2Q.,OO ~ Monday through Friday 11.00 9.00 (excluding legal holidays) 9 9,00 &00* Monday through Friday/twilight 9 12.00 10.00 ~ 9,00 Monday through Friday/super twilight 9 9.00 8.00 &00 !7-.00 Saturdays, Sundays and legal holidays 9 13.00 11.00 ~* ~* Saturdays, Sundays and legal 14.00 12.00 holidays/twilight -l&OO ;l.l,OO Saturdays, Sundays and legal 10.00 9.00 holidays/super twilight 9,00 &00 . 9-Hole play would continue to be scheduled in the early morning on the back nine only. Once the front nine golfers are finished, 9-hole play will be limited after 12:00 noon. NOTE: Twilhrht and SUDer twilil!ht posted seasonally. :8. LWIES Df~Y CItEENS FEES Taesaay (enelaEliag legal heYdays) Tuesdays ems; eueeJlt ~.~:BeR a legal Heliday falls aD. a Tuesday, 18 hales .................... $12.90 C. RESIDENT DISCOUNTS Master Fee Schedule Part I . General Chapter VIII. Greens Fees, Chula Vista Municipal GOU;p~ 1 Page 28 (Rev. May 6, 1993) 1. A resident discount card is established at an annual charge of $8.00. Residency requirements must be met to purchase the discount card. One of the following forms of identification will be required to show proof of residency: 1. Driver's License 2. Current Utility Bill 3. A Parcel Map showing location of Chula Vista property ownership 2. Resident rates shall also apply for non-residents of the City of Chula Vista who are members of either the Chula Vista Men's Golf Club or the Chula Vista Ladies' Golf Association and who have paid a $25.00 one-time only fee to the City of Chula Vista. D. JUNIOR MONTHLY TICKET The cost of a junior monthly ticket is hereby established as $25.00. Said monthly ticket shall entitle a junior (defined as non-college students who have not reached their eighteenth birthday or completed their senior year of high school) to playa maximum of 18 holes per day after the hour of 2:00 p.m., subject to any rules, regulations or restrictions imposed by the management of the Chula Vista Municipal Golf Course. E. SENIORS RATES 1. Qualifications a. Chula Vista residency. Said residency shall be verified by driver's license or voter registration card. b. The individual must be at least 62 years of age. c. Play is restricted to weekdays only, holidays excluded. 2. Seniors Discount Cards (Yearly, Monthly) a. Yearly Discount Card, subject to above qualifications - $10.00 b. Monthly Discount Card, subject to above qualifications - $40.00 Master Fee Schedule Part 1 - General Chapter VIJl - Greens Fees, Chula Vista Munkipal Golf Course .2(/' /0 Page 29 (Rev. May 6, 1993) 3. Seniors Greens Fees (Residents only) Number of Greens Fees Applicable Davstrimes/Months Holes Charees Monday through Friday, excluding legal holidays 9 $4.00 50% of standard resident rate" - with yearly discount card 18 WiG 50% of standard resident rate - with monthly discount card 18 1.00 " 9-Hole play would continue to be scheduled in the early morning on the back nine only. Once the front nine golfers are finished, 9-hole play will be limited after 12:00 noon. F. RAIN CHECKS No rain checks will be given for any fee category. G. LEGAL HOLIDAYS For the purpose of these golf course fees, legal holidays are defined as follows: January 1, New Year's Day; February 12, Lincoln's Birthday; third Monday in February, Washington's Birthday; last Monday in May, Memorial Day; July 4, Independence Day; first Monday in September, Labor Day; September 9, Admission Day; second Monday in October, Columbus Day; November 11, Veterans' Day; fourth Thursday in November, Thanksgiving; fourth Friday in November; and December 25, Christmas. [Resolution 16608] Master Fee Schedule Part I . General Chapter VIII - Greens Fees, Chum Vista Municipal Golf Course .2 p ... / / Page 30 (Rev. May 6, 1993) Minutes of a Regular Meeting of the PARKS AND RECREATION COMMISSION DRAFT Thursday 6:00 p.m. April 15, 1993 Public Services Building Conference Room 2&3 **********...***... 1. ROLL CALL MEMBERS PRESENT: Commissioners Hall, Lind, Sandoval-Fernandez, Willett, Helton, Roland MEMBER LATE: Carpenter (6:12) 2. AFPROV AL OF MINUTES Motion to approve the minutes of the Commission meeting of March 18, 1993 as distributed. MSC WILLETf/HELTON 6-{) (Carpenter out) 3. PUBLIC HEARINGS OR REMARKS !\'O:\E 4. DIRECTOR'S REPORT Director Valenzuela reviewed highlights of the Commission Newsletter. 5. REPORTS FOR INFORMATION ONLY a, Nonprofit Director Valenzuela gave an overview of the progress of the nonprofit. It is expected that more information will be available in June or July. b. GMOC Rcnort Director Valenzuela called the Commission's attention to the GMOC report which was included in their packets, and offered to address any questions that the Commissioners may have. He touched briefly on each of the GMOC recommendations, defining the Department's position in each case. c. Police Activities Lea!!Ue Deputy Director/Recreation Sunny Shy gave a brief history of the organization of the Police Activities League. and addressed the Commission's questions regarding this League. She .2 p, IJ PARKS AND RECREATION COMMISSION April 15, 1993 PAGE 2 stated that participation levels have been much higher than anticipated. The program is run by the Parks and Recreation staff with coaching assistance from the Police Department. Commissioner Hall suggested "Titing a letter of appreciation to the Police staff who assisted the Department with the League with copies of the letter to Councilmembers and attach a copy of the Commission report to the Councilmembers' copies. Commissioner Carpenter commended the Department for their efforts in organizing this League. She, however, expressed a concern as to what is being planned for the "hard at-risk" youth group of 12 to 15 year olds. This group is caught in the middle. Commissioner Willett recommended two letters be sent, one to the Police Chief and one to the Mayor and Council. d. Chula VL,ta Community Park Director Valenzuela reviewed the status of Chula Vista Community Park and gave an overview of the future plans for the park. 6. ACTION ITEMS Unfinished Business Otay Valley Regional Park Focus Planning Area Director Valenzuela presented color maps of the Otay Valley Regional Park Focus Planning Area. He stated that due to the fact that a number of studies have already taken place in Poggi Canyon, Wolf Canyon and the Salt Creek area, he feels that there is no need to study the area further. It is his feeling that enough data is already available to do planning in this area. Motion to support the Otay \"alley Regional Park Focus Planning Area MSUC HELTON/CARPENTER 7~ New Business a. Green Fee Increase Deputy Director/Parks Jerry Foncerrada gave an overview of the proposed fee increased and compared them to other golf courses in the County. Director Valenzuela discussed the staff recommendation on this increase and gave the Commission the reasons for this recommendation. ~t)"I'I PARKS AND RECREATION COMMISSION April 15, 1993 PAGE 3 Raymond Cay la, a resident of Chula Vista and a senior citizen, spoke against the proposed increase on the basis that seniors can play at lesser rates in other golf courses in San Diego County without restrictions, Commissioner Hall asked if statistical data was available on the age of players at different hours, The Director replied that this data was not available, Commissioner Hall proposed that seniors be unrestricted throughout the week and restrictions apply only on Friday, Saturday and Sunday, Tom Frost, Regional Director of Operations for American Golf from Long Beach, spoke in favor of the proposed fee increase. He outlined the improvements that have been made to the Course by American Golf and gave a status report on the current condition of the Course. Director Valenzuela outlined the financial impact of the recent excessive rains on the golf course operators, American Golf, as well as on the City of Chula Vista, and gave the reasoning that supports the staff recommended increase. Commissioner Roland spoke in favor of leaving the fees and rules pertaining to seniors as they are. Commissioner Helton spoke in favor of the staff recommendation for a fee increase but against the restrictions. Scott Alvey, a resident of Chula Vista. stated that he represented the "Men's Golf Club" and spoke in favor of the rate increase. Commissioner Hall expressed concern that no statistical data was provided by American Golf so that the Commission could see the age range and number of people playing the golf course at various times of the day and days of the week. He feels that this is very pertinent information to the issues that are being raised. Motion to accept the recommendation of staff to endorse the green fees schedule, maintain the status quo of seniors and have no restriction on senior discount play Monday through Thursday and have Friday restriction for reserved tee times 8:00 am to 12 noon for those people playing on senior discount. MSC HALUWILLE1T 6-1 (Sandoval-Fernandez opposed - does not favor senior restriction) b. Youth Summit Director Valenzuela explained the Youth Summit process as outlined in the report that had be submitted to the Commission. ,,- ...2tl,/~ PARKS AND RECREATION COMMISSION April 15, 1993 PAGE 4 Motion to support the Youth Summit concept and authorize Commissioners Hall and Carpenter to attend the Youth Summit Phase I and Phase II meetings on May 12 and June 2, 1993. MSUC Wll..LE1T/HELTON 7-0 c. Benefits of Parks and Recreation Item tabled due to time constraints. d. Issues for Joint Workshop o Views on Department as lead youth agency in the City o Budget priority for at risk youth o Tour of the types of park we have o Underserved areas o Youth development programs o Gymnasium site in the City Commission requested the Director to put together a list of sites/issues for the meeting and bring it to the May Commission meeting. 7. COMMUNICATIONS a. Written Corrcsoondencc NONE b. Commissioner's Comments HELTON - Commissioner Helton reported on her Grandson's being accosted by a man in Hilltop Park who told him that the park belonged to him and he did not allow dogs in the park. Adjournment to the next regularly scheduled meeting of May 20, 1993. Respectfully submitted, Carole Cramer Stohr -2.P ;/" l"'-.~. ~ c t f ,Ie <, C, I,' "'," .....!! E:" .. . l ":." January 28, 1993 Mr. Jerry M. Foncerrada The City ofChula Vista 276 founh Avenue Chula Vista, CA 920 I 0 Dear Jerry: American Golf Corporation would like to propose the attached new rates for Chula Vista Golf Course on May 1, 1993.. As you can see by looking at the attached comparable rates for area courses we have attempted to continue and provide the resident of Chula Vista an exceptional value for his golfing dollar Also, we are proposing two options for the senior monthly ticket The first would be to eliminate the card altogether and maintain the current 50% off the regular resident fee as the senior rate, The second option would be to limit the use of the monthly card to before 8:00 a.m. or after 1200 Monday through Friday, Seniors would be able to play between those hours by paying the senior rate mentioned above As you can see in the attached survey no other courses in the area even offers senior rates and only the City of San Diego offers any type of monthly ticket for seniors In the coming year American Golfwill continue the renovation of the greens with plans to have six more greens complete hy the fall of 1993, Also, this past year we have begun to overseed Chula Vista with ryegrass to give the customer a much better playing surface through the winter/spring. With these improvements and the continued improvement of the overall course we feel that these rates are a win-win-win situation for the customers, the City, and American Golf I look forward to discussing this with you in the future. ~t/\ Mr. Tom Frost Regional Director ".,2p../?:, Mr. Jeny M. Foncerrada January 28, 1993 Page - 2 CHULA VISTA GOLF COURSE NEW RATES MAY 1993 WEEKDAY Resident 18 Resident 9 Resident Twi. 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"0 ~ - 0\ .~ Eo- C ~ r,j..cOcc::-goS ~ oo..c G) G) ~ ~ u c ...-O\""'""'~""''''O =-=: ... ..... 'v; 'v; ... 'v; Q :; = c U G.> C OJ .. '" '" l:l: l:l: '" l:l: ... ... ~ "'0 "'0 , ,"'0 I 0 0 .-.- c:: c .- c'-'- ~ ~ ~ 0 0 ~ 0 c C t~~:z:z~:zJ5J5 ~ 888888 OO.....:~MN~ --N--- 8;58888 o\.....;~~N-.i --N--_ 888888 r--:oor-i"":f""i --N--- 88: r---:d -- 815: "';0 - - 88: Ma\ - 82: ""':-.0 - 88: a\ 1.0"; 8~: r-:~ 18: ~ : 8 : ~ 18: r-: : 8 : .,.; , vo ' 'N ' ~ , vo ' 'N ' ~ '" - '" '" .c o~ .2!J ~ '" .c.,g _ .~ ~~cr.OO ~L- "C 0 ~ - 0\ ._ r- =.cO'Cc:-':::c coo.cQ)G)~G) =-O\:=!:=!~:=! ~cc~~c~ c~~~'7~O;: = .- .- c c'- c ~f~ooiGo ~l:l:~:Z:Zl:l::Z - ... Vl ~ ~ ~ I '" ~ ~ /);";'0 AMERICAN GOLF CORPORATION@ From: Jerry Foncerrado Ricke Crochet ~~- To: Subj: Status Report I"ve listed below the ar-c'as that were damaged by the winter- storms and then what repairs are needed, what has been done and when all repairs might be completed (Section A). Section B lists the Capital Improvements for thi s year. I wi 11 forward let tel'S from the Men's and Ladie's Clubs as soon a~s they respond. We have expended well in excess of $40,000 to date and will spend an additional $20,000 to drill new well at #13 irrigation lake this week. A. 1. Central Avenue Passage - Completely washed out along with concrete cart path and rip-rap. We have temporarily back- filled the previous cart path area and will address repairs after the winter runoff of the snow-pack ceases to run under Central Avenue. 2. Flood Control Channel - Has extreme erosion on bottom from Central Avenue to driving range. From #9 Green to Willow St. has massive build-up of silt up to 3 to 4 feet in some areas. The sides of the channel has extensive corrosion at many spots with the area behind greens #13 and 12, the South Side of channel at #15 tee, the drainage ditches entering the channel at #14, and the South side of the channel at #16 fairway. No repairs can be done or damage totally determined until the water stops running and dryer conditions exist. We are told by the Sweetwater Authority that we can expect the water run-off to continue at least thru July. 3. Fairways #2, 3, 4, ,5 - These fairways ended up with silt overflow from the channel as high as four feet in some areas. #2 had silt 160 yards back from the green. # 3 tee area was all under several feet of silt except the elevated blue tee. # 3 fairway was totally covered. # 4 fairway from t.he pond to the property line was under silt. # 5 tee and # 5 fairway (past the Billy Casper tree) was under silt. Side flow from the channel water actually flooded # 6 fairway up to 100 yards from the green. # 14 fairway has silt up to 50 yards from the green and # 18 fairway the same due to the drainage ditches overflowing that crosses those fairways. All of t.he above areas have now been scraped and the silt removed. We will be seeding the damaged areas and with the emerging bermuda grass, we hope to .2~'.21 have these areas back in fair to good condition within eight weeks. 4. Debris debris. We have by 10 May 93. - The entire course was littered with various removed 95% with the remainder to be completed 5. Irrigation - Lines crossing channel were damaged but are now repaired. Only minor damage to sprinkler system and now in working order. Most irrigation systems escaped major damage except for the ground well on #13 lake. The well had to be redrilled and is now completed. 6. Perimeter Fencing Avenue and Souths ide of completed by June 1. - minor damage to fencing on Central #14 & 16 fairway. Repairs to be 7. Tees - All #5 tees and #3 White and Red tees destroyed. #5 Tee has been rebuilt and enlarged. It has been sodded and will be open shortly. #3 tees will be completed by June 1. 8. Greens - All of our greens green. Approximately 15% has been in 6 weeks. There is ample room play. survived resodded to sti 11 the floods except #4 and will be playable keep this green in 9. Bridges - #9 bridge was eroded at the Northside backfill and cart path area on two separate occasions. It has been backfilled with a temporary wooden structure with rails over the area until damage can be determined later this summer. The bridges at #10 & 11 had erosion damage at both entrances at the bases. These areas have been repaired and will be reinforced thi s summer. 10. Sand Traps - Eight separate traps damaged. Seven have been repaired with the one on green waiting for the pond to recede to a workable were severely the pond at #4 level. B. Capital Items for 1993 1. $25,000 Gas tank repair 2. $30,000 - Renovate last .two greens 3. $18,000 - Replace all driving range netting on west side of range. 4. $7,000 - Renovate bentgrass nursery. ~IJ"~ COUNCIL AGENDA STATEMENT Item ~ I SUBMITTED BY: Meeting Date 5/11/93 Resolution J 7 J I;'" Approving agreement between the City of Chula Vista and Mayflower Contract Services, Inc. for operation of Chula Vista Transit (CVT) and maintenance of the CVT fleet for the period July 1, 1993 through June 30, 1~~.6~ / Director of Public Works ~rl/ ITEM TITLE: REVIEWED BY: City Manager 1~ 'S' '" (4/5ths Vote: Yes_No_XJ The last Request for Proposal (RFP) for CVT operations and maintenance of the CVT fleet were issued in February 1988. As a result of that RFP process, ATC/Vancom (formerly ATC Management Corp.) was selected as the CVT contract operator for a three year term with an option to extend the contract for two additional years. Council exercised the two-year option in spring 1991 and the current contract with ATC/Vancom terminates on June 30, 1993. At its January 26, 1993 meeting, Council accepted a report on the proposed CVT Request for Proposal (RFP) for CVT operations and bus fleet maintenance, and authorize staff to issue the RFP. The Transit Division issued the RFP on February 8, 1993. (A copy of the RFP is attached for Council's information as Attachment 1.) Advertisements were placed in the Chula Vista Star News and Passenger Transport, a national transit weekly publication of the American Public Transit Association. RFP's were distributed to 20 interested parties and a pre-proposal conference was held on February 18, 1993. Six proposals were received on March 15, 1993. These six proposals were evaluated by a four-member panel, in accordance with the evaluation process outlined in the RFP. This evaluation process included the following: qualitative ranking of each proposal based on a maximum 60 point total score; an examination of each proposer's cost; an interview of the three top ranked qualitative proposers which were Mayflower Contract Services, Inc., ATC/Vancom, and San Diego Transit; and a recommendation of one proposer to be selected as the CVT contract operator based on consideration of high qualitative score, the interview, and reasonable cost. As a result of this evaluation process, the panel ranked Mayflower Contract Services, Inc. first and San Diego Transit second and recommended that Mayflower Contract Services, Inc. be selected as the CVT contract operator. RECOMMENDATION: That Council approve agreement between the City of Chula Vista and Mayflower Contract Services, Inc. to operate Chula Vista Transit for a three-year period, July 1, 1993, through June 30, 1996, with an option to extend the agreement for two additional years, from July 1, 1996 through June 30, 1998. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. :1./ -I Page 2, Item ,;. J Meeting Date 5/11/93 DISCUSSION: Summary of Evaluation Process Evaluation panel members were: Lyman Christopher, Director of Finance, City of Chula Vista; Jack Dickens, Fleet Manager, City of Chula Vista; Greg Alabado, Assistant Transit Coordinator, City of Chula Vista; and Ken Karnes, Senior Transportation Specialist, County of San Diego. As discussed in Section TIC of theRFP (pages 3-4), the panel initially reviewed each of the six proposals based on specific qualitative factors contained in the RFP (Section IVB, pages 8-11) and assigned each proposal a score with a maximum 60 point total. The panel then examined each proposer's cost. Based on the two considerations of "high qualitative score" and "reasonable cost", the panel then considered two options: to make a recommendation at this point in the evaluation process, or to interview one or more proposers before making a recommendation. The panel decided to interview three proposers: San Diego Transit, Mayflower Contract Services, Inc., and ATC/Vancom. These proposers were interviewed for the following reasons: all three proposers ranked very close (53-53.75 points) on the qualitative evaluation; San Diego Transit and Mayflower submitted the lowest cost proposals, with San Diego Transit the lowest cost of the six proposals and Mayflower second lowest; and the panel wanted to clarify some aspects of each proposal before making a recommendation. These interviews were held on April 2, 1993. First Phase of Proposal Evaluation: Oualitative Ranking and Cost Consideration The qualitative evaluation of proposals consisted of a total 60 points assigned to four criteria: Approach to System Management, including proposed Location Manager, Operations Supervisor and Management Program (30 points); Maintenance Capability, including proposed Maintenance Manager (15 points); Experience (10 points); and References (5 points). TABLE 1 CVT EVALUATION RESULTS 3-Year Cost (Includes Start-uo Cost) 1. Mayflower 53.75 1. San Diego Traosit $2.00 $6,750,102 . 2. ATCNANCOM 53.25 2. Mayflower 2.02 6,831,353 3. San Diego Transit 53.00 . 3. DA VB Systems 2.18 7,368,526 4. DA VB Systems 50.00 4. McDonald 2.28 7,683,671 5. McDonald 49.25 5. Laidlaw 2.29 7,740,000 6. Laidlaw 30.75 6. ATCNANCOM 2.54 8,575,840 Revised Cost 2.41 8,133,584 As indicated on Table 1, Mayflower, ATC, and San Diego Transit had comparable qualitative scores ranging from 53 to 53.75 points, with Mayflower being the highest followed by ATClVancom and San Diego Transit. San Diego Transit had the lowest three-year cost a1 $6,750,102 for an average of $2.00 per mile for three years. Mayflower had the second lowest ,)J-~ Page 3, Item~ Meeting Date 5/11/93 cost at $6,831,353 for a three-year average cost per mile of $2.02. The cost difference between San Diego Transit and Mayflower for the three-year period was $81,251 or 1.2%. ATC/Vancom had the highest cost at $8,575,840 for a three-year average cost per mile of$2.54. The cost difference between ATClVancom and San Diego Transit was $1,825,738 for the three- year contract term, or 27%. The ATClVancom cost per mile for CVT operation this fiscal year is $1.91; the percent cost difference between the current fiscal year cost per mile of $1.91 and the three year average cost per mile of the three operators is: 4.7% for San Diego Transit; 6% for Mayflower; and 33% for ATClVancom. (As will be discussed later in this report, ATClVancom submitted a revised cost proposal during the interview process of $2.41 per mile for the three year average; therefore, this revised rate is a 26 % increase from their current $1.91 per mile rate.) Second Phase of Evaluation: Interview of Mayflower. San Diefo',o Transit (SDT) and ATClVancom After evaluating the written proposals, the panel decided to interview the three top ranked qualitative proposers in order to discuss specific aspects of each proposal. The interviews focused on the following eight criteria: operator (driver) salaries; Location Manager; Operations Supervisor; Maintenance Manager; transition experience; management program; maintenance program and employee benefits. (These criteria will be discussed in greater detail later in this report.) A maximum of 3 points were given for each of the 8 criteria, or a maximum total of 24 points for the 8 criteria. (On. scale of 1-3, with 3 being the highest) Criteria Maynower SDT ATC 1. Operator Salary 3 2 3 2. Location Manager 3 3 3 3. Operations Supervisor 2 1 3 4. Maintenance Manager 3 3 2 5. Transition Experience 3 1 3 6. Management Program 3 2 3 7. Maintenance Program 3 2 3 8. Employee Benefits 2 3 2 TOTAL 22 17 22 TABLE 2 INTERVIEW QUALITATIVE EVALUATION As indicated on Table 2, based on the interview process, Mayflower and ATC/Vancom each received a total of 22 points for these criteria and San Diego Transit received 17 points. In addition, each proposer was asked if they wanted to reconsider their initial cost proposal. Mayflower and San Diego Transit did not want to change their cost proposal, but ATClVancom ..21' :3 Pag~ 4, Item .2 ) Meeting Date 5/11/93 submitted a new cost for three years of $8,133,584 or $2.41 per mile, a $442,256 reduction from the original cost proposal. ATClVancom's revised cost represents a $1.3 million difference compared with Mayflower, or approximately $435,000 for each year of the three-year contract term, and $1.38 million compared with San Diego Transit, or approximately $461,000 for each year of the three-year term. Based on the qualitative portion of the evaluation (proposal rating and the interview), and cost consideration, the evaluation panel recommended Mayflower as the first choice for CVT contract operator followed by San Diego Transit. Following is a summary of the eight qualitative criteria discussed during the interview: Operator Salary: The RFP requires that bus operators (drivers) receive a minimum starting salary of $7.00 per hour after a training and probationary period. All proposers included this minimum wage rate in their proposals. However, San Diego Transit indicated that it would start all operators at $7.00 per hour after training, including current ATC drivers who may be hired that are currently making more than $7.00 per hour. (There are 8 drivers that currently make more than $7.00 per hour). Mayflower stated that any current ATClVancom employee that it hired would be hired at their current salary. (For example, a driver currently making $7.50 per hour would be hired at $7.50 per hour.) Location Manager: The maximum points (3) were assigned to a proposed Location Manager who had management experience with a system of equal or larger size than CVT, and would be assigned "exclusively" to CVT as stated in the RFP. All Location Managers proposed had sufficient experience to warrant the maximum score of 3; each proposer further committed the proposed Location Manager exclusively to CVT. Operations Supervisor: The maximum 3 points were assigned based on the Operations Supervisor experience with a system of equal or larger size than CVT, and assignment exclusively to CVT. Based on operations experience of a comparable size transit system as CVT, the panel assigned the maximum of 3 points to the A TC Operations Supervisor, followed by two points for the proposed Mayflower Operations Supervisor and one point for the San Diego Transit Operations Supervisor. All three proposers committed this position exclusively to CVT. Maintenance Mana~er: The highest points for this position were given based on experience in maintaining heavy duty transit vehicles, including hydraulic wheelchair lifts and registering fareboxes, and assignment exclusively to CVT. Based on the length and scope of experience, the San Diego Transit and Mayflower Maintenance Managers earned the highest points (3) and ATClVancom Maintenance Manager 2 points. All three proposers committed this position exclusively to CVT. Transition Experience: Changing from one contractor to another involves a number of tasks that must be accomplished in a short period of time, including staffing, and setting up maintenance and operations procedures that conforrn both to City and contractor requirements. During the interview process, the panel gave the highest points (3) to Mayflower and ATClVancom based on their responses and discussion of how they would handle the transition and based on how transition~ 'jere accomplished at other properties. ~/-~ Page 5, Item ~ J Meeting Date 5/11/93 The responses focused on a planned series of events and milestones that needed to be done between the date of contract award and startup on July I, 1993. . San Diego Transit has not had the experience of taking over an operation the size of CVT; San Diego Transit discussion about the transition indicated to the panel that some procedures that needed to be addressed and accomplished had not yet been completely determined. Management Program/Maintenance Proe:ram: The Management and Maintenance Programs proposed by a contract operator are fundamentally important to the successful operation of the system; furthermore, the key to both programs' operation are the management and supervisory personnel assigned to the location. Since this agreement basically is a contract for management services, the individuals proposed are essential to its success. The RFP emphasizes management and maintenance capability of the proposer, and experience of management personnel proposed for the Chula Vista location. During the first phase of the qualitative evaluation, San Diego Transit ranked comparable to Mayflower and ATC/Vancom. One reason San Diego Transit was rated high qualitatively was because of its proposed management and maintenance programs and the experience of the management and supervisory individuals proposed for Chula Vista Transit operation. The primary reason the evaluation panel recommended Mayflower instead of San Diego Transit was because of San Diego Transit's plan to assign a well qualified and experienced management team to CVT but only for a maximum period of four months, after which time different individuals with less experience would be assigned to this location. The remainder of this section will discuss this issue and the basis for the evaluation panel's decision to recommend Mayflower. The Management Program criterion includes a proposer's comprehensive plan for system startup, hiring and training employees, and management staff personnel assigned exclusively to CVT operations, including Location Manager and Operations Supervisor. The Maintenance Program includes consideration of proposer's plans for maintaining and repairing the CVT fleet, the number of mechanics proposed and the Maintenance Manager proposed. During the analysis of the cost proposals and prior to the interviews, it appeared to the evaluation panel that the management salaries listed for San Diego Transit might be understated, based on the qualifications and experience of the personnel proposed. The "Management Salary" line item in the San Diego Transit cost proposal budgets $179,781 for the first year cost, and $545,751 for the 3-year management salary costs (an average of $181,917) for each of the three years. The salaries for six management positions are in this item: Location Manager, Maintenance Manager, Operations Supervisor and three Road Supervisors. At the interview, in response to a question about management salary costs, San Diego Transit indicated that the management salary line item includes the proposed Location Manager for a maximum of four months. The Operations Supervisor would be promoted to the Location Manager position, and the Operations Supervisor position filled by an ,,1./' 5 Page 6, Item cJ. ) Meeting Date 51 ~1I93 individual to be determined at a later time. The Maintenance Manager named in the proposal would also be replaced by another individual after four months. While a proposer cannot guarantee that a specific individual named in a proposal will be assigned to CVT service, the proposer can insure that a different individual of comparable experience will be assigned to the project. In the first part of the qualitative evaluation, (the evaluation of proposals), a maximum of 5 points (a total of 15 of 60 points) were given by each panel member for each of these three positions: Location Manager, Operations Supervisor, and Maintenance Manager (please refer to Table 1). The qualitative score for these positions for San Diego Transit, Mayflower and ATClVancom is presented in Table 3 below. TABLE 3 QUALITATIVE SCORE FOR THREE SUPERVISORY POSITIONS SDT Mayflower ATCNancom Location Manager 4.50 4.75 4.25 Operations Supervisor 2.00 3.50 4.25 Maintenance Manager 4.75 4.50 4.00 TOTAL 11.25 12.75 12.50 Therefore, during the first phase of the evaluation process in which San Diego Transit received 53 out of 60 total points for its proposal, this score included 11. 25 points for three individuals named in the proposal. As a result of the second part of the qualitative evaluation - the interview - the panel gave a lower score to San Diego Transit on the criteria Management Program (2 points out of 3) and Maintenance Program (2 points out of 3) because these three individuals would be replaced within four months with other persons with less experience (please refer to Table 2). Council should be aware that the Federal Transit Administration (FTA) requires a contract operator receiving federal transit funds to fully allocate its costs when competing against the private sector for transit service. Since San Diego Transit receives federal funds, it has submitted a statement certifying that its proposal complies with this requirement. If San Diego Transit were awarded the contract, and the cost of operating CVT service was underestimated or not fully allocated, San Diego Transit's ability to perform under the contract conditions might be affected if: (I) a challenge from a private sector entity resulted in a delay in San Diego Transit starting CVT operations on July 1, 1993; or (2) the FfA determined (before or after July 1, 1993) that San Diego Transit's costs were not fully allocated with respect to this contract. Such a determination could result in San Diego Transit requesting to renegotiate its contract, or possibly to be released from its contract. :l J'" Page 7, Item :J I Meeting Date 5/11/93 The evaluation panel discussed this full cost allocation issue with respect to the management salaries contained in the San Diego Transit proposal. If the individuals proposed for the six positions in the management salary line item (Location Manager, Maintenance Manager, Operations Supervisor and three Road Supervisors) were budgeted for one year, staff estimates that the annual cost in this line item would increase by approximately $79,000 or $237,000 for the three-year contract term. (This estimate is based on a San Diego Transit salary plan). The cost difference over the three-year contract term between Mayflower and San Diego Transit is $81,251. If the salaries of these six management positions (or different individuals with comparable experience) were budgeted for the three-year contract term, then the San Diego Transit cost would be higher than Mayflower's cost by an estimated $155,749 ($237,000 minus $81,251). The RFP requires that Road Supervisors be paid a minimum of $10 per hour. If the three Road Supervisor positions were budgeted at $10 per hour and the three other management positions - Location Manager, Maintenance Manager, and Operations Supervisor - budgeted at the estimated San Diego Transit salaries for these positions, then staff estimates that the management salary line item in the proposal would be underbudgeted by approximately $8,500 annually, or $25,620 over the three-year contract term. In summary, in the San Diego Transit proposal, the six management supervisory positions are a start-up team that would be replaced after four months with a new Location Manager, Operations Supervisor, Maintenance Manager and three Road Supervisors at salaries lower than the original six individuals proposed. The San Diego Transit cost for management salaries is based upon this change in these supervisory positions. Employee Benefits: The RFP did not require specific employee benefits, but indicated that the City encouraged adequate benefits and that the proposers would be evaluated accordingly. Table 4 lists the major benefits proposed by San Diego Transit, Mayflower, and ATC/Vancom, and also lists the existing benefits provided by ATC/Vancom. San Diego Transit provides the most extensive benefits followed by ATC/Vancom and Mayflower. ,)1'7 AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA HUMAN SERVICES COUNCIL (CVHSC) SETTING OUT THE RELATIONSHIP BETWEEN THE CITY AND THE CVHSC WHEREAS, the Chula vista Human Services Council ("CVHSC") is an unincorporated association of persons which was created by the City Council in 1988, but now operates independently of the city within the South County area to coalesce human services providers; and, WHEREAS, the CVHSC members were originally appointed by the City Council but are now appointed by the members of the CVHSC; and, WHEREAS, the CVHSC wishes to identify the City of Chula vista as a contributor and supporter of its activities, although the City does not necessarily approve, sponsor, or control such activities. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. The Chula vista Human Services Council shall not use the City's logo without the advance written permission of the City Manager or his designee. Whenever written permission is granted to use the city's logo, it shall be placed below the CVHSC logo and be accompanied by the following wording: "Funded and supported, in part, by the City of Chula vista but not an official body of the City." Existing printed materials of the CVHSC which bear the city's logo may continue to be distributed. These printed materials include the "Human Services Directory", "Community Needs Assessment", "Network Newsletter", and CVHSC brochure. 2. The City shall provide two staff liaison to the CVHSC, one from the Parks and Recreation Department and one from the Community Development Department. The two city staff members sha;n each provide support to the CVHSC in the following ways: . r ,. ~. a) provide information to the CVHSC on human serv~ceSl~ssues and distribute pertinent informational materials; . b) report on programs and serv~ces offered by {the two departments; , j c~ report back to th~ d~par:tments on\ ~ssu~.slwt. ich need d~rector or boards/comm~ss~on ~nput or r~v~ew;\; . d) provide technical assistance, when. appropri te, on policies, goals, and objectives of the CVH~C. \ 3. The city agrees to allocate an additiona;t~900 to the CDBG contract between the YMCA and the City for the ~ SC for the CVHSC newsletter and mailing costs. This amount is eq al to the unused balance of the $4,000 FY 1992-93 appropriation from the promotions budget item. The CVHSC agrees to arrange, or otherwise contract, with the YMCA for direct payments of the expenses of the CVHSC, and the City shall have no further obligation in this regard. In the future, the City will discontinue funding to the CVHSC from the promotions budget. ~-1 ~ 4. The CVHSC and the City agree to meet and confer for the purposes of creating a separate legal corporate entity under which the CVHSC may operate and to assist that entity in obtaining non- profit 501(c) status with the Internal Revenue Service. Dated: CITY OF CHULA VISTA By: Tim Nader, Mayor Dated: CHULA VISTA HUMAN SERVICES COUNCIL By: Pam smith, Chairperson \ t \./ \.J \_\ \ \, V 11..~ , i. \J' , t' " Page 8, Item .) I Meeting Date 5/11/93 Category San Diego Transit Mayflower ATCNancom ATCNancom (existing benelits) Health Plan Pays $1.00 for every Pays $100 per month Full paid health plan Full paid health plan hour worked toward for full-time for full-time major medical employees only. employees only. ($160/month based on Dependent coverage Dependent coverage a 40 hour work week) paid by employee, if paid by employee, if employee requests employee requests coverage. Dental coverage. No coverage for dental coverage. employee and dependents, premium paid by ATCNaneom. IRS- 125 health coverage for pre-tax contribution for family members Vaeation After one year, one One week after one After one year. 5 After one year, 5 week paid vacation, year days; then after two days; then after two then 2 years - 2 years, 10 days; then years, 10 days; then weeks, 5 years - 3 after 10 years, 15 after 10 years, 15 weeks days days Sick Leave After one year, 40 None No sick leave, but No sick leave, but 1 hours per year personal time off: 1 personal day off day after 1 year, 2 after 3 years of days after 2 years; 3 service days after 3 years.. Holidays 6 paid holidays 6 paid holidays 7 paid holidays 6 paid holidays (including one for birthday) Life Insurance $15,000 term None $15,000 $15,000 Pension Employer paid plan 401K - 25% match of None None employee's first 6% contribution Deferred Eligible to participate None None None Compensation in plan AttendancelSafety None Bonus every 2 weeks None Bonus every month Bonus based on attendance based on attendance and safety record and safety record TABLE 4 COMPARISON OF BENEFITS FOR DRIVERS Summary of Evaluation Process and Recommendation In summary, based on the first phase of the evaluation process, Mayflower, ATC/Vancom, and San Diego Transit received points of 53.75,53.25, and 53 respectively of a 60 point total. San Diego Transit submitted the lowest cost for a three-year total of $6,750,102 ($2.00 per mile); Mayflower a three-year cost of $6,831,353 ($2.02 per mile) and ATC/Vancom a total cost of $8,575,840 ($2.54 per mile). As a result of the second phase of the evaluation process, in .2J"? Page 9, Item .21 Meeting Date 5/11/93 which the three firms with the highest qualitative score were interviewed by the panel, Mayflower and ATClVancom were rated equal qualitatively, and ATClVancom submitted a lower cost proposal of $8, 133,584 ($2.41 per mile), a reduction of $442,256 from its initial cost proposal. However, this cost still is $1,383,482 higher than San Diego Transit over the three- year contract term, and $1,302,231 higher than Mayflower. Section I1C.1.c (page 4) of the RFP charges the evaluation panel to recommend a proposer to operate CVT based on consideration of "high qualitative score and reasonable cost". Based on consideration of these two factors, the evaluation panel recommended that the City award the contract for CVT operations and bus maintenance to Mayflower Contract Services, Inc. The panel ranked San Diego Transit second. Mayflower was evaluated higher qualitatively than San Diego Transit on the following criteria: Experience of the individuals proposed for the three management positions - Location Manager, Maintenance Manager, and Operations Supervisor. Transition experience. Driver's salary. Mayflower made a commitment to interview and hire qualified drivers currently working for ATClVancom at $7.00 per hour or their current salary, whichever is greater. Driver Hiring and Salaries The two issues of driver's starting salaries, and retention of existing ATClVancom drivers should the City change contract operators, were discussed at recent Council . meetings, and also by Council prior to issuing the RFP. The RFP required that all drivers be paid a minimum of $7.00 per hour. It also required that if the City did not retain ATC/Vancom as the CVT contract operator, that the new contract operator give special consideration to hiring qualified ATClVancom drivers. Both Mayflower and San Diego TI'l\l1sit made a commitment in their proposals to hire qualified drivers currently working for ATClVancom. Regarding salary, San Diego Transit proposes to start all drivers at $7.00 per hour after training/probation. Current ATC/Vancom drivers would start at $7.00 per hour after being hired (waiving the probation period). However. Mayflower has committed to hirinl! ATC/Vancom drivers at a waji!e of $7.00 ner hour or their current salary. whichever is greater. Therefore, drivers currently making more than $7.00 (currently 8) would be hired at their current salary level. If Council approves a change in the CVT contract operator, during the transition period staff will review any concerns expressed by current ATC/Vancom drivers in the event they are not hired by the new contract operator. In addition, for Council's information, staff implemented in spring 1992 procedures to increase communication among City staff, contract operator management, and drivers. One procedure is an "operator input form" that is reviewed by City staff and the contract operator. In addition, the proposed ~)., ~ Page 10, Item .;.1 Meeting Date 5/11/93 agreement (Statement of Work, Section B8) states that "the City Transit Coordinator or his representative shall make the final determination as to the qualifications of prospective CVT drivers based on the satisfactory completion of the aforementioned training and orientation". Some highlights of the Mayflower proposal and the firm's experience includes: Mayflower currently provides both fixed route and paratransit services to 33 public agencies throughout the United States (current clients listed in Attachment 2). The Mayflower proposal was comprehensive and responded well to the overall RFP requirements for both operations and maintenance. The Mayflower maintenance budget for the three-year contract term was $722,770. The average maintenance budget for the six proposers was $719,798; therefore, the maintenance budget proposed by Mayflower was slightly above average of the six proposers. As a percent of its total budget, Mayflower's maintenance budget is 11 %, approximately the same as San Diego Transit. (The percent of maintenance budget to total budget ranged from 7% for Dave Systems to a high of 11 % for Mayflower and San Diego Transit.) Mayflower offers a wage and benefit package reflecting the requirements and spirit of the RFP, and has committed to interview and hire qualified currently employed ATClVancom drivers at wages at least equal to current wages. The initial full-time/part- time driver ratio would be approximately 75 % full-time/25 % part-time; part-time drivers would receive benefits. Notification of this item on tOOay's Council agenda was sent to each of the six proposers and Bruce Darby, business representative, Teamsters Union Local No. 41. FlSCAL IMPACT: The Mayflower Contract Services, Inc. cost of CVT operations for the three-year contract term is $6,831,353, including start-up costs of $83,263, or an average cost per mile of $2.02. The cost per mile for next fiscal year is $1.938, a 1.5% increase over the current fiscal year cost per mile of $1.91; the contract is in the amount of $2,180,590. CVT operations is funded by Transportation Development Act (TDA) Article 4.0 funds and fare revenue. The City of Chula Vista's TDA Article 4.0 apportionment for next fiscal year is $2,265,000. TDA Article 4.0 funds required for transit division operations and capital expenditures next fiscal year (including the Mayflower contract) is estimated at $1,866,230. WPC F:\HOME\EN'GINEER\Bll...LG\856.93 ~/-IIJ RESOLUTION NO. 17112 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND SAN DIEGO TRANSIT FOR OPERATION OF CHULA VISTA TRANSIT (CVT) AND MAINTENANCE OF THE CVT BUS FLEET FOR THE PERIOD JULY 1, 1993 THROUGH JUNE 30, 1996 WHEREAS, at its January 26, 1993 meeting, Council accepted a report on the proposed CVT Request for proposals (RFP) and authorized staff to issue the RFP which Transit Division issued on February 8, 1993; and WHEREAS, advertisements were placed in the Chula vista Star News and in Passenqer Transport, a national transit weekly publication of the American Public Transit Association; and WHEREAS, RFPs were distributed to 20 interested parties, and a pre-proposal conference was held on February 18, 1993 with six responsive proposals being received on March 15, 1993; and WHEREAS, Council determined that the contract be awarded to San Diego Transit. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Chula vista does hereby approve an Agreement between the City of Chula vista and San Diego Transit for operation of Chula vista Transit (CVT) and maintenance of the CVT bus fleet for the period July 1, 1993 through June 30, 1996 substantially in the form attached to the Agenda Bill except to contain the business terms of the San Diego Transit proposal for and on behalf of the City of Chula vista. John P. Lippitt, Director of Public Works BE IT FURTHER RESOLVED that Chula vista is hereby authorized and Agreement in a form satisfactory to th Presented by F:\home\attomey\CVT.bw 21-\1/ )../-J'JJ AGREEMENT BETWEEN CITY OF CHULA VISTA AND MAYFLOWER CONTRACT SERVICES, INC. HEREINAFTER REFERRED TO AS "CONTRACTOR" FOR FIXED-ROUTE BUS SERVICE This agreement dated for the pwposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I is between the City, whose business form is set forth on Exhibit A, paragraph 3,and the entity indicated on the attached Exhibit A, paragraph 4, as Contractor, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 and is made with reference to the following facts: Recitals Whereas, the City desires to operate a fixed-route public transportation system to serve the City of Chula Vista provided Transportation Development Act (TDA) Article 4.0 funds and Proposition A funds are available; and Whereas, the City's fixed-route bus service called "Chula Vista Transit", hereinafter referred to as "CVT", and Whereas, Contractor has the management and technical personnel, expertise, and other assets useful for the operation of CVT; and maintenance of CVT buses and related equipment; and Whereas, City is desirous of obtaining such services for CVT; and Whereas, Contractor is desirous of providing such service; Whereas, Contractor warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Contractor to City wi thin the timeframes herein provided all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually agree as follows: 1. Contractor's Duties A. General Duties Contractor shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, WPC F:\HOMNNGINEER\BILUJ\793.93 Page 1 .21-1.1 B. Scope of Work and Schedule In the process of perfonning and delivering said "General Duties", Contractor shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement. The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions or Increases in Scope of Work City may independently, or upon request from Contractor, from time to time reduce or increase the Defined Services to be performed by the Contractor under this Agreement. Upon doing so, City and Contractor agree to meet in good faith and confer for the purpose of negotiating a corresponding change in the compensation associated with said change. An increase or decrease in the annual vehicle miles, bv more than 20% during any year of the agreement may result in compensation being negotiated. D. Additional Services In addition to performllig the Defined Services herein set forth, City may require Contractor to perform additional services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Contractor, Contractor shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph l1.B, unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Contractor, in perfonning any Services under this agreement, whether Defmed Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Contractor represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. WPC F:\HOMi!'E.NGJNEER\IllLLG\793.93 Page 2 d-/-I'f Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by 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 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 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. Performance Bond. In the event that Exhibit A, at Paragraph 9, indicates the need for Contractor to provide a Performance Bond, which indication shall be made by checking the parenthetical space adjacent to the term, "Performance Bond", then Contractor shall provide to the City a performance bond by a surety and in a form satisfactory to the City Attorney in an amount indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 9, Exhibit A. 1. Business License Contractor agrees to obtain a business license from the Citv and to otherwise complv with Title 5 of the Chula Vista Municipal Code. 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Contractor for the purpose of reviewing the progress of the Defmed Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Contractor throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Contractor's performance of this agreement. WPC F:'HOME\ENGINEER\BllG\793.93 ".. .,J./.. /.> Page 3 B. Compensation Upon receipt of a prooerly prepared billing from' Contractor submitted to the City periodically as indicated in Exhibit A. Paragraph 18. but in no event more freauently than monthly. on the day of the period indicated in Exhibit A. Paragraph 18. City shall compensate Contractor for all services rendered by Contractor according to the terms and conditions set forth in Exhibit A, Paragraph 11 adjacent to the goyerning compensation relationship indicated by a "checkmark" next to the appropriate arrangement, and shall compensate Contractor for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Contractor shall contain sufficient information as to the propriety of the billing to permit the City to evaluate that the amount due and payable thereunder is proper. and shall specifically contain the City's account number indicated on Exhibit A. Paragraph 18 (C) to be charged UDon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. 6. Financial Interests of Contractor A. Contractor is Designated as an FPPC Filer. If Contractor is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Contractor is deemed to be a "Contractor" for the purposes of the Political Reform Act conflict of interest and disclosure provisions. and shall report economic interests to the City Clerk on the required Page 4 WPC F:\HO~GINEER\Bn.LG\793.93 dl'/(, Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A. or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make. or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission. and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this agreement D. Promise Not to Acquire Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire. obtain. or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer. Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Contractor warrants and represents that neither Contractor, nor Contractor's immediate family members. nor Contractor's employees or agents ("Contractor Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services. or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defmed Services, ("Prohibited Interest"). other than as listed in Exhibit A. Paragraph 15. Contractor further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this Agreement. Contractor promises to advise City of any such promise that may be made during the Term of this Agreement. or for 12 months thereafter. WPC F:\HOMi!'SNGINEER\BIlJ..G\793.93 .2)- /7 Page 5 Contractor agrees that Contractor Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Contractor may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Contractor's responsibilities under this Agreement, except with the written permission of City. 7. 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 ne li ence or sole willful conduct of the City, its officers, or employees. Contractor s m e Ication 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, 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. . 8. Termination of Agreement for Cause If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor 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 Contractor 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 Contractor shall, at the option of the City, become the property of the City, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Contractor's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Contractors' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Contractor shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. WPC F:'JiOME'l:.NGINEER.\BILLG\793.93 02/~ I r Page 6 10. Tennination of Agreement for Convenience of City City may tenninate this Agreement at any time and for any reason, by giving specific written notice to Contractor of such tennination and specifying the effective date thereof, at least thirty (30) days before the effective date of such tennination. In that event, all finished and unfInished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. H the Agreement is tenninated by City as provided in this paragraph, Contractor 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. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. As~gnability The services of Contractor are personal to the City, and Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City, which City may not unreasonably deny. 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Contractor in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Contractor shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Contractor's work products. Contractor and any of the Contractor'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. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has fIrst been presented in writing and fIled with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incOlporated by WPC F;HOMElENGlNEEJ<\B1LLG\793.93 Page 7 .2/-I? 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. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Contractor prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Contractor shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. Contractor not au~orized 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. B. Contractor is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Contractor and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Contractor represents that neither Contractor, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, WPC F:\HOME'CNGlNEElNIlLLG\793.93 eJl,.,2tJ Page 8 modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue 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. 18. Term of Agreement: A. Base Term - This Agreement shall become effective upon execution, and the term shall be the period from July 1, 1993 through June 30, 1996. B. Dorion Term (1) In consideration of the herein Agreement, Contractor hereby grants to City the below option, exercisable in writing at City's sole election. At any time on or before April I, 1996, City may extend the service provided by Contractor under this Agreement for a period of two years. Compensation related to such an extension shall be determined through negotiations between Cityand Contractor. (2) It is mutually understood and agreed that all work performed and services provided under the exercised option shall be in strict compliance with all of the requirements of this Agreement as such may be amended from time to time by mutual agreement. (3) It is mutually understood and agreed that City is under no obligation whatsoever to exercise this option. Such option exercise may be by amendment hereto, or by issuance of a new agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized on the date written below their signatures. [end of page. next page is signature page.] WPC F:'HO~GINEER\BILLG\793.93 .2/"~/ Page 9 Signature Page to Agreement between .. City of Cbula Vista and Mayflower Contract Services, Inc. for Fixed Route Bus Service IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: CITY OF CHULA VISTA Attest: By: Tim Nader, Mayor Beverly Authelet, City Clerk Bruce M. Boogaard, City Dated: y MAYFLOWER CONTRACT SERVICES, INC. Exhibit List to Agreement ( X ) Exhibit A. B~.JoJo ~~ e n, title s.vfO Dated: WPC F:\HO~Gll'ffiER\BILLG\793. 93 Page 10 ,:J /, ,;,;.. EXHmrr A TO AGREEMENT BETWEEN CITY OF CHULA VISTA AND MAYFLOWER CONTRACT SERVICES, INC. 1. Effective Date of Agreement: July 1, 1993 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: form] , a [insert business 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Contractor: Mayflower Contract Services, Inc. 5. Business Form of Contractor: ( ) Sole Proprietorship ( ) Partnership (X) Corporation 6. Place of Business, Telephone and Fax Number of Contractor: 5360 College Blvd. Overland Park, KS 66211 Voice Phone (913) 345-1986 . Fax Phone (913) 345-0821 WPC F:\HOME'€NGJNEER\794.93 .21,;2J Page 1 7. General Duties: Contractor's responsibilities shall include but not be'limited to; 1. Meeting all operations equipment and maintenance requirements contained in this Agreement, and incompliance with the ADA. 2. Providing all personnel having management, operations, and maintenance expertise necessary to operate the system and maintain CVT buses and related equipment. 3. Fare collection, accounting, and reporting. 4. Personnel administration. 5. Assisting City in marketing. 6. Scheduling and dispatching vehicles. 7. Data collection and reporting. 8. Scope of Work and Schedule: A. Detailed Statement of Work: See Attachment I to Exhibit A. B. Date for Commencement of Contractor Services: . (X) Same as Effective Date of Agreement () Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No. I: Deliverable No.2: Deliverable No.3: D. Date for completion of all Contractor services: June 30, 1996 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $10,000,000. (X) Performance Bond, $400,000 (X) Fidelity Bond. $50,000 ..21"'; 0/ Page 2 WPC F:\HOME-ENGINEER\794.93 10. Materials Request to be Supplied by City to Contractor: None. II. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defmed Services by Contractor as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $83,263, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee Start-up costs payable upon receipt of invoice $83,263 B. (X) Mileage Rate Arrangement City shall pay Contractor for 1,125,000 annual vehicle service operating miles at the rates or amounts set forth in the Rate Schedule herein below and further detailed in the cost breakdown (Attachment 2) accOl;ding to the following terms and conditions: (1) ( ) Not-to-Exceed Limitation Annual Vehicle Service Hours (2) (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Contractor shall have incurred time and materials equal to maximum annual costs contained in Rate Schedule below ("Authorization Limit"), Contractor shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Contractor from providing additional Services at Contractor's own cost and expense. Rate Schedule FY 1993-94 FY 1994-95 FY 1995-96 1,125,000 1,125,000 1,125,000 $1.9383 $2.00 $2.06 il_I.'1 $2,180,590 $2,250,000 $2,317,500 .2./--.2.5 Page 3 WPC F:\HOME'-ENGINEER\794.93 : 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Contractor in the performance of services herein required, City shall pay Contractor at the rates or amounts set forth below: () None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ (X) Other Actual Identifiable Direct Costs: (See Sections 11 A, B, and C). A. SpeciaVCharter Services Fiscal Year City Event Rate Non-Profit Private Entity Rate Per Hour Organization Event Per Hour Rate Per Hour , FY 1993-94 $16.25 $36.50 $43.80 FY 1994-95 $16.75 $37.40 $45.11 FY 1995-96 $17.25 $38.52 $46.46 B. "Tripper" Services: Rate per mile applicable to Fiscal Year Rate. C. Costs .!lQ1 included in Agreement: Reimbursement to Contractor under the following conditions: 1) Prior authorization by the Transit Coordinator. 2) Proper invoice must be submitted to City. WPC F:\HOME'E.NGlNEER\794.93 .21"';'~ Page 4 .' 13. Contract Administrators: City: Bill Gustafson, Transit Coordinator 707 F Street Chula Vista, CA 91910 Phone: (619) 691-5260 FAX: (619691-3171 Contractor: Jim Dickey, National Sales Manager 432 North 44th St., Suite 163 Phoenix, AZ 85008 Phone: (602) 267-7099 FAX: (602) 267-7195 14. Liquidated Damages From the nature of the services to be provided, the Contractor and City agree that it is extremely difficult to fix actual damages which may result from failure on the part of the . Contractor to perform apy of its obligations herein and the resulting loss to City. Therefore, both parties agree that the Contractor liability should be limited to and fixed at the sums stated in this Section of the Agreement, as liquidated damages and not as penalty, to be deducted automatically by City from Contractor invoices for the period(s) in which occurred. The decision of the Transit Coordinator is fmal with respect to any assessment of liquidated damages. The Transit Coordinator may rely on information supplied by Contractor, by the public or by staff, as well as by other means in determining assessment of liquidated damages. A. Liquidated damages will be assessed at the rate of one thousand dollars ($1,000) per occurrence for failure to achieve a satisfactory rating in any category of the annual California Highway Patrol Safety Compliance report (CHP 343). B. Liquidated damages may be assessed at the rate of one hundred dollars ($100) per occurrence for each unauthorized failure to operate transit routes as approved by City. C. Liquidated damages may be assessed at the rate of one hundred dollars ($100) per day for each day Contractor fails to employ and assign to the services covered by this agreement a Location Manager, Operation Supervisor, Road Supervisor, or Maintenance Supervisor approved by the Transit Coordinator. In the event Contractor's Operations Supervisor, Location Manager, of Maintenance Manager or any Road Supervisor terminates his or her employment with less than two (2) weeks notice, liquidated damages will not be assessed until the fifteenth (15th) day following the notice of termination. WPC F:\HOME'E.NGINEER\794.93 .21"';' 7 Page 5 D. Liquidated damages may be assessed at the rate of fifty dollars ($50) per day for each incident of failure to comply with the following requirements and driver specifications herein: . (1) Failure to clean vehicle interiors daily. (2) Failure to clean vehicle exterior three times weekly. (3) Failure to provide 8-hour National Safety Council Defensive Driving Course or equivalent for each driver before that driver operates any vehicle in revenue service. (4) Failure of driver to wear presentable uniforms while on duty. (5) Failure to have a new driver undergo a two~hour orientation to CVT system policies, procedures, and performance standards prior to being assigned to a CVT route. (6) Failure to provide a minimum of 8 hours of driver instruction/route familiarization to each driver before that driver operates vehicle in revenue service. (7) Failure to repair vehicle body damage (interior or exterior) within 21 days of the occurrence. (8) Failure to perform any required preventative maintenance procedures within +500 miles of the scheduled maintenance. E. Liquidated damages may be assessed at the rate of fifty dollars ($50) per incident of a vehicle in revenue service leaving a schedule time point prior to the schedule departure time. F. Liquidated damages may be assessed at the rate of fifty dollars ($50) per day for each incident of failure to submit to City any of the following reports: (I) Driver Daily Records/Defect Sheets, daily by 9:30 a.m. of the next working day. (2) Computation and Reconciliation of fares collected for the week, by 2:00 p.m. of the following Monday or first working day. (3) SANDAG Form B-lO Items 15, 16, 17, 20, 21, and 22, by October 20, January 20, April 20, and July 20. (4) Fuel Cost and Fuel Consumption, by the 5th of each month. (5) Road Call Reports, by 5th of the following month. (6) California Highway Patrol Safety Inspection Reports, three days after receipt of report by Contractor. (7) Accident Reports, within three days after occurrence. G. Failure of City to assert any right which it has under this contract, or to assess any liquidated damage as provided herein, shall not act as a waiver as to the City right to enforce the provisions of this contract, or assess liquidated damages in the future, except as specified herein. H. The assessment of liquidated damages and/or deductions as provided under this contract shall in no way relieve the Contractor of his obligation to provide sufficient service, buses or drivers, or to meet any of the terms of this contract. WPC F:\HOME\ENGINEER\794.93 ~/-.;.y Page 6 I. Notwithstanding the foregoing right to assess, neither party assumes any liability with regard to liquidated damages, for failure or delay to fulfill the terms and conditions of this Agreement to the extent such failure or delay is caused by the following: a) any civil or military government restrictions or limitations; b) failure or shortage of fuel, water, fuel oil, or other utility or services; c) riot, war, insurrection, or other national or local emergency; d) acts of God, earthquakes, fIre, explosion, quarantines; freight embargoes, or adverse weather conditions; or e) impassibility of routes due to construction, accidents, or other reasons. 15. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. () FPPC Filer () Category No. 1. Investments and sources of income. () Category No.2. Interests in real property. () Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. () Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. () Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. () Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. () Category No.7. Business positions. () List "Contractor Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Contractor is Real Estate Broker and/or Salesman WPC F:\HOME\ENOINEER\794.93 ,,)}--'-1 Page 7 17. Permitted Subconsultants: 18. Bill Processing: A. Contractor's Billing to be submitted for the following period of time: (X) Monthly () Quarterly () Other: B. Day of the Period for submission of Contractor's Billing: () First of the Month (fixed monthly cost) (X) 15th Day of each Month for prior month services () End of the Month (hourly rate cost for service operated) () Other: C. City's Account Number: 402-4020-5203 WPC F;lHOMElENGINEER\794.93 .,))-30 Page 8 ATTACHMENT 1 TO EXHmIT A STATEMENT OF WORK A. Scope of Services 1. Contractor shall provide the management, technical, and operating personnel, service, equipment, and maintenance necessary for the operation of CVT services specified in this section including all exhibits. 2. City staff shall be responsible for all policy, administrative and overall management of CVT service including: determining and specifying routes and schedules; conducting service and route planning activities; providing bus stop signs, route maps, service schedules, and marketing; and establishing fare policies. Contractor shall be responsible for CVT operations, fare collection, accounting, data collection and reporting, and insuring the implementation of all policies. 3. Contractor shall provide bus service on CVT routes 701, 702, 703, 704, 705, 706, 707,708,709, 711 and 712. Buses shall be operated on these routes according to the route descriptions and schedules determined by the City. City will supply: buses for this service; radio equipment, including an operating frequency; and registering fare bqxes. B. System Operation 1. Contractor shall operate the CVT system in compliance with CVT operating policies and all applicable federal, state and local laws, including the Americans with Disabilities Act (ADA). 2. Management of day to day operation of the system and service will be vested in contractor's Location Manager who shall be thoroughly familiar with City's service area, policies, and system operation. The Location Manager will be available to meet with City staff in Chula Vista as deemed necessary by the Transit Coordinator. The Location Manager, or Contractor's management personnel, will be available to attend meetings pertaining to transit matters as deemed necessary by the City. Replacement of the Contractor's Location Manager will require written approval by the City at least 14 days in advance of proposed replacement. 3. In addition to the Location Manager, Contractor shall provide a knowledgeable, and experienced Operations Supervisor and a sufficient nilmber of Road Supervisors to monitor CVT operations during all operating hours. The Operations Supervisor and Road Supervisors shall be responsible for supervising and monitoring all activities of bus operators, including schedule adherence, road conditions, wheelchair lift operation, fare media collection, and bus operator performance, behavior, and observance of system procedures. Page 1 WPC F:\IIOMlNlNGINEER\B1LLG\79S.93 .2/.....J , 4. Road Supervisor duties shall also include: distributing transit infonnation (CVT schedules, system maps, etc.) to various locations in Chula Vista (currently about 8 locations); and posting "service change'" notices at affected bus stops are required. 5. The following equipment will be provided by City for CVT operation: a) Buses Rebuilt Miles (10/1192) Cumulative CVT Veh. Seated Miles No. Last 4 Digits of VIN II's Year Capacity (10/1/92) Engine Transmission 001 Orion 111105 1984 39 388,000 23,000 23,000 002 Orion 111106 1984 39 330.000 12,000 12,000 003 Orion 111094 1984 30 342,000 12,000 12,000 004 Orion 111096 1984 30 342,000 6,000 6,000 005 Orion 111097 1984 30 330,000 78,000 165,000 006 Orion 111098 1984 30 332,000 80,000 80,000 007 Orion 111099 . 1984 30 366,000 81,000 81,000 008 Orion 111100 1984 30 336,000 6,000 6,000 009 Orion 111102 1984 30 293,000 75,000 75,000 010 Orion 111103 1984 30 342,000 140,,000 140,000 011 Orion 111104 1984 30 366,000 4,000 4,000 012 Goshen 115820 1992 25 Delivered after 10/1/92 013 Goshen 115822 1992 25 Same as 012 014 Orion 111377 1986 39 288,000 4,500 45,000 015 Orion 111378 1986 39 303,000 60,000 60,000 016 Orion 112524 1990 39 123,000 017 Chance Trolley 117460 1989 18 51,000 018 Chance Trolley 117461 1989 18 50,000 019 Chance Trolley 117462 1989 18 47,000 020 Chance Trolley 117463 1989 18 49.000 021 Orion 112525 1990 39 114,000 022 Orion 112526 1990 39 117,000 023 Orion 112809 1991 39 70,000 024 Orion 112810 1991 39 81,000 WPC F:\HOMNNGINEER\BIU.G\19S.93 .) I .. ::J ;.. Page 2 025 Orion #2811 1991 39 81,000 026 Orion #2812 1991 39 82,000 027 Orion #2813 1991 39 76,000 028 Orion #2814 1991 39 75,000 029 Orion #2815 1991 39 78,000 030 Goshen #5823 1992 25 Same as 012 031 Goshen #5824 1992 25 Same as 012 b) Engines (1) (2) (3) (3) Goshens: Orions (OOOI...U. 1014. 101'): Orions (10016,1021-1029): Trolleys: c) Transmissions (1) (2) (3) (4) Goshens: Orions (OOOI"'U, 1014. 101'): Or!ons (10016,10021"'29): Trolleys: Cummins 6BT5.9 Detroit Diesel 6V92TAC Detroit 6V92T A Caterpillar Diesel, 3208-175 Allison AT-545 Allison 747 Voith D863 Allison AT-545 d) All CVT buses are wheelchair accessible. The wheelchair lift on 13 Orion buses is manufactured by Environmental Equipment Corp.; the lift on 10 Orion buses is manufactured by LiftU; the lift on the 4 Goshens is manufactured by Braun; the lift on the 4 Trolleys is manufactured by Mobil Tech. e) Radio Equipment CVT Buses #001-031 -- Motorola Spectra UHF A5 Mobile Units, Model DA5KM wi handset. f) Fare Boxes All buses: GF! Cents-a- Bill Electronic fareboxes g) Miscellaneous equipment on each bus: 3 triangular reflectors, passenger counter, transfer cutter,. frrst-aid kit, fIre extinguisher, and schedule rack. 6. There will be no scheduled CVT service on the days the City of Chula Vista observes the following holidays: Labor Day, Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day, and July 4, except for Route 708 which has its own operating days. 7. Driver Hiring WPC F;.HOMIN;.NGINEERIBn.LG\79'.93 Page 3 ..2/'J} a) Contractor shall recruit and hire a sufficient number of drivers assigned exclusively to CVT service. Contractor shall have a sufficient number of backup drivers readily available forimy and all contingencies such as absenteeism, illness, and other personnel emergencies without a disruption of CVT service. b) Driver Wages and Benefits: I) Contractor will pay CVT drivers not less than the following wage scale: Rate 1993 1994 1995 Starting $7.00 $7.00 $7.00 1 Year 7.50 7.50 7.50 2 Year 8.00 7.75 7.75 3 Year 8.25 8.25 8.00 4 Year 8.50 8.50 8.50 5 Year 8.75 8.75 8.75 6 Year 9.00 9.00 , 7 Year 9.25 2) The driver training rate shall be $4.50 per hour; the starting rate of $7.00 shall be effective at the completion of training. 3) In addition to wages listed above, Contractor shall provide to CVT drivers the following minimum benefits: a contributory health insurance plan; a contributory 40 lk plan; company structured attendance and safety bonus plans; company structured driver's pride incentive programs; company structured paid vacation plans for full-time employees after certain employment periods; six company structured paid holidays; opportunity for application to other company awards competitions including college scholarships awards. c) As a condition of employment under the agreement, all personnel assigned to CVT service must pass tests for drug and alcohol use. Drug and alcohol screening shall be conducted prior to employment in CVT service, and at a minimum, at two (2) year intervals in conjunction with a physical exam for Class B license renewal. Screening at more frequent intervals may be conducted by Contractor as permitted by law. d) The City requires Contractor to have all employees fmgerprinted and City will conduct a criminal history check on all personnel assigned to CVT service. The results of the criminal history check will be confidential WPC F:'HOME\ENGINEER\BII..LO\79.5.93 J/'.J L( Page 4 information and City will not release this information to Contractor. However, information obtained on t\1e criminal record of an individual assigned to CVT service may warrant CVT requesting Contractor to remove individual from CVT service. City will pay the cost of fmgerprinting. 8. Driver Training and Procedures. Contractor shall provide such periodic driver training, orientation, and road supervision as is appropriate to fully familiarize all drivers assigned to CVT service with operating schedules, routes, tranSfer policy, and performance standards--including courtesy, safety, and schedule adherence of the CVT system. Training and orientation by contractor shall include no less than the following: a) DRIVER TRAINER 1) Must have a State of California or Department of Motor Vehicles approval to certify Class B driver's licenses with a passenger, air brakes, and automatic transmission endorsements. 2) Must have at least one year experience as an instructor. 3) Must be a National Safety Council Defensive Driving Instructor or equivalent. b. NEW DRIVERS 1) Must receive and pass the eight-hour minimum National Safety Council Defensive Driving Course or equivalent. This includes practical applications. 2) Must receive at least 20 hours of driving instruction (including both group and individual instruction) on CVT routes. At least one hour of actual driving for each route will be included. 3) At least four hours of classroom instruction regarding transfer policies, bus check-out procedures, accident report writing, vehicle code, and schedules, routes, and fares of the CVT system will be included. 4) At least eight hours of the training program shall be devoted to the operation of lift equipment and courteous treatment of handicapped individuals. The lift training shall include instruction on the operation of lifts and tiedowns, experience boarding and alighting individuals in wheelchairs under various conditions and empathy training to help new operators gain insight into the special needs and specific obstacles handicapped individuals may encounter using public transportation. WPC F:\HOME'ENGINEER\BII..LG\79S.93 "l/ ~ 35 Page 5 5) Two hours' orientation to CVT system policies, procedures, and driver performance standards to be given to each driver by the City Transit Coordinator or his designated representative following completion of the four-hour classroom instruction by Contractor. 6) The City Transit Coordinator or his representative shall make the fmal determination as to the qualifications of prospective CVT drivers based on the satisfactory completion of the aforementioned training and orientation. Contractor shall provide City with a list of drivers who have completed the specified driver training program and shall update this list as necessary. 9. Driver Procedures Contractor shall require all drivers assigned to CVT service to adhere to the following CVT procedures: a) All buses shall be driven in a safe manner. Care should be exercised to ensure that passengers are safely seated or have safely deboarded before starting the bus. b) Adherence to schedule and routing is mandatory except for unforeseen circumstances beyond the control of contractor and his employees. (For example, road closures, breakdowns, etc.) c) Drivers shall be courteous to all passengers. d) Drivers shall carefully complete the CVT driver's daily record and Bus Defect Sheet as well as take accurate regular daily (and specially requested) passenger counts. e) Drivers shall wear uniforms which are similar in nature while on duty. CVT patches will be affixed to the right sleeves of jackets and/or shirts. f) Drivers shall not smoke or eat on the bus at any time and shall enforce same policy for passengers as well. g) Drivers must provide transfer slips to passengers in conformance with CVT transfer policy upon request of passenger. h) Drivers shall not play am/fm radios on the bus at any time. i) Drivers must ensure that proper and exact fares are placed in the fare box by passengers. If any problems arise the drivers may accept the fare and inform the passenger to contact the CVT office. Under no circumstances will a driver handle any cash from passengers. WPC F:\HOME\ENGINEER\BnLG\795.93 ~/;.1" Page 6 , j) Drivers must notify Contractor's Location Manager or dispatcher immediately if the vehicle is unable to continue operation. This information will also be immediately relayed to San Diego Transit Information and to City Transit Office by the Contractor Site. k) Drivers will report to the dispatchers any unusual occurrences observed on the road and any vandalism or damage to City property. I) All extra board drivers shall undergo driver training specified in this section before being assigned to Chula Vista Transit. m) Drivers are responsible for properly securing and locking the gate to the City Yard at "F" Street and Woodlawn Avenue. This gate must be secured by drivers after 4:30 p.m. Monday through Friday, all day on weekends, and at any other time directed by the Transit Coordinator or his representative. n) Drivers shall park vehicles in the City of Chula Vista yard in specific locations designated by the Transit Coordinator or his designated representative. 0) Drivers will not allow any articles longer than 5 feet to be carried on the bus by passengers. p) Prior to start of shift, drivers will conduct a "walk around" inspection of their vehicle, test and operate the wheelchair lift, and fIll out a "Bus Conditicn Report." If the driver is uncertain about the safety condition of the vehicle, the vehicle must be inspected by maintenance personnel to detemrine if it is safe to operate. q) Drivers will be responsible for maintaining cleanliness of buses while on duty. r) Driver will not leave bus unattended with front door open as to allow passengers to board without having paid the correct fare. 10. The procedures in Section 9 shall not preclude the Contractor from enforcing its own policies and procedures which are not contrary to the above provisions. 11. Driver failure to follow the procedures in Section 9 shall be cause for Contractor to honor City Transit Coordinator's request for driver's dismissal from CVT service after appropriate written and/or verbal warnings have been given to Contractor by the City Transit Coordinator or his designated representative. Prior to Contractor reassigning driver previously dismissed from CVT service back to CVT service, notice shall be given to the Transit Coordinator who will make a decision on whether or not this driver reassignment is acceptable to City. WPC F:'HOME"ENGD"ffiER\BILI.G\795.93 ~/'.J 7 Page 7 12. Contractor shall provide a daily Vehicle Status Report to the Transit Office by 9:30 a.m. each weekday. The Report will list the names of drivers and their shift times, the bus number of those buses in-service and to which routes they are assigned, and the condition of each bus and wheelchair lift 13. Contractor shall maintain a Lost and Found Service for articles inadvertently left by passengers on buses. 14. While in a CVT Uniform, Contractor employees will not purchase, consume, or be under the influence of any intoxicant, narcotic, or harmful drug. 15. Contractor employees may use CVT vehicles only in connection with their assigned duties and only within the CVT service area unless otherwise authorized by the Transit Coordinator or his representative. 16. Contractor and its employees shall observe all rules and regulations published by the Director of Public Works Operations pertaining to the use of the City Yard especially those that apply to yard cleanliness, vehicle parking, fueling, prohibition of private vehicles from entering the yard unless authorized, handling of toxic materials and spills and yard gate security. 17. In the event of an accident involving a CVT vehicle resulting in an injury or fatality, Contract"r shall immediately notify the Transit Coordinator or his representative by phone (day or night) and a copy of the accident report forwarded to the Transit office no later than the next working day. C. Maintenance and Repairs 1. Contractor accepts full responsibility for maintenance and repair of all CVT buses, interior and exterior, including body and paint work, wheelchair lifts, registering fareboxes, communication equipment and to keep bus units including all installed equipment on buses in a safe and good operating condition. Paint and body work on each bus shall be completed within seven (7) weeks of occurrence; the Transit Coordinator may extend this time period to three (3) weeks in order to minimize impact on CVT service requirements. 2. Contractor will be responsible for thoroughly washing all buses used in this operation at least three times each week. In addition, the interior of each bus used in CVT service shall be thoroughly cleaned daily. 3. . Contractor will institute and maintain a formalized preventive maintenance program for all buses in conformance with manufacturer's preventive maintenance schedule and shall conform with the PMI schedule for oil change. Contractor shall conduct a transmission and engine oil analysis every 6,000 miles and report results to the Transit Coordinator. The Chula Vista's Fleet Manager is the Transit Coordinator's designated representative to monitor and oversee contractor's maintenance and repair activities on owned buses. Contractor shall document anv and all oreventive maintenance work or reoairs oerformed on CVT buses. and WPC F:\HO~GINEER\BIll.O\79S.93 ,J/-jr' Page 8 submit this documentation to Transit staff no later than 72 hours after completion of work. 4. Contractor shall provide a road call service vehicle for mechanics in order to insure timely response to road calls. 5. Quality and regular maintenance of buses is essential and is required for efficient, reliable transit operation. Contractor shall report monthly to City Transit staff budget line items 501.02--Maintenance salaries and wages, and 504.02, 504.03, 504.04 and 504.05 under the Materials and Supplies Expense Class 504.00, as maintenance categories within the budget. Deferred maintenance and/or shifting of funds from one line item to another within the budget are prohibited. The maintenance budget will be reviewed monthly by City staff and contractor. Changes to the maintenance budget or maintenance program may be made only upon written approval by the Transit Coordinator. 6. At the end of each fiscal year, City staff and Contractor will review maintenance and repair expenditures contained in Attachment 2, Expense Object Classes 504.02,504.03, 504.04 and 504.05. If Contractor's expenditures for the year in each of these expense object classes are less than budgeted amounts, then Contractor will reimburse City the difference between budgeted maintenance and repair costs and actual expenditures. 7. Contractor shall comply with all City, state and federal policies, procedures and laws and requirements regarding toxic waste disposal, fuel spills, City maintenance yard security, parking of vehicles and use of City vehicles. D. Data Collection and Reporting 1. Contractor shall collect all data on operation of CVT. Contractor shall maintain a daily office log of vehicle breakdowns, road calls, missed trips (including cause), complaints and compliments received. Customer service calls shall be logged in the daily office log. Daily office log shall be made available to City staff upon request. 2. The combination Driver Daily Records (DDR's)/Bus Defect Sheet will be used by each shift of bus operators, a copy of which is to be submitted to the Transit Office on a daily basis. The DDR is the source document for use in determining the total miles, farebox revenue, number of passengers and passenger categories. Missed miles and missed trips will be determined from the DDR's by comparing actual daily miles entered into the DDR's against predetermined daily total miles for each route. 3. Contractor shall prepare and submit to City staff a Quarterly Maintenance Report which will include, but not be limited to, the following: a summary of all maintenance work performed including preventive maintenance work, body and paint work, and major repair work, the cost of maintenance such as oil, parts, fuel, wpc P,\II0MJN;NGlNEER\BIU.G\795.93 Page 9 .)./.. 31 labor, all repairs; a status of each vehicle's condition; and highlights of problems and suggested solutions. 4. In addition, contractor will fulfill the following minimum written reporting requirements to City staff: REPORT FREQUENCY a. Driver daily records Daily, by 9:30 a.m. of the next worlcing day b. Computation and reconciliation of fares collected Weekly c. SANDAG form B-IO, items 15, 16, 17, 20, 21 and Quarterly 22 d. Fuel costs and individual bus fuel consumption Monthly e. Road call reports Monthly f. California Highway Patrol periodic safety Forwarded to City within 3 days after receipt inspection of report g. Accident reports Each occurrence 5, Contractor shall make available to City such reports free of charge as may be requested by the City Transit Coordinator, MIDB, or SANDAG, unless such reports are of such complex and time-consuming nature in which case City will reimburse bus company the reasonable cost of preparation of such reports. WPC BHOME'iENGINEER\Bn.LG\79S.93 ..21''1tJ Page 10 :g ..!! C\i~ i "Uo 1::.0Il 1) OIl.Q'olC eo III .r::0Il2! UlIlll:l lli" <:t Q. ~ ~u .. u . .- .a 0- .- _.!! cU . a. ~ - 'ii .. {!. .. 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REQUEST FOR PROPOSALS (RFP) FOR OPERA nON OF CHULA VISTA TRANSIT (CVT) AND MAINTENANCE OF CVT BUS FLEET Questions regarding the procurement process should be directed to: Bill Gustafson, Transit Coordinator City of Chula Vista 707 "F" Street Chula Vista, CA 91910 (619) 691-5260 February 1993 c:<) --- +3 . I. II. III. IV. V. VI. VII. VIII. . . TABLE OF CONTENTS INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 PROCUREMENT PROCESS ............................. 3 SUBMISSION OF PROPOSALS .......................... 6 EVALUATION CRITERIA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 STATEMENT OF WORK . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 PA YMENT OF SERVICES PROVIDED. . . . . . . . . . . . . . . . . . . . 21 COLLECTION OF FAREBOX REVENUES ................. 26 INSURANCE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 TECHNICAL PROPOSAL FORM PRICE PROPOSAL FORM ATTACHMENT 1 - DRAFT AGREEMENT ATTACHMENT 2 - PREVENTIVE MAINTENANCE SUPPLEMENT . ATTACHMENT 3 - EXPENSE OBJECT CLASS DEFINITIONS ATTACHMENT 4 - CVT SCHEDULES AND SYSTEM MAP ATTACHMENT 5 - CVT DRIVER DAILY RECORDIDEFECf SHEET ATTACHMENT 6 - BUS CLEANING CHECK LIST ATTACHMENT 7 - PMI SCHEDULE FOR OIL CHANGE ru-4A . . . REQUEST FOR PROPOSAL FOR OPERATION OF CHULA VISTA TRANSIT I. Introduction The City of Chula Vista is soliciting proposals from qualified finns to operate Chula Vista Transit (CVT) , a fixed route transit system serving the City of Chula Vista and contiguous unincorporated areas in the County of San Diego. ATClVancom currently is operating CVT under contract with the South Coast Organization Operating Transit (SCOOT), a Joint Powers Agency between the City of Chula Vista and County of San Diego. SCOOT will be dissolved effective midnight June 30, 1993; the City of Chula Vista will assume sole authority over CVT effective July I, 1993. ATClVancom drivers are represented by Teamsters Union Local No. 481. SCOOT last issued Request for Proposals (RFP) to operate CVT in Spring 1988 and ATCNancom was awarded the contract to operate CVT commencing on July I, 1988. As a result of this RFP, it is anticipated that the City of Chula Vista will select a contract operator on or before May 1. 1993 and the new contract term will begin no later than July 1, 1993 and terminate on June 30, 1996. The contract will contain a two-year option at a negotiated cost, until June 30, 1998. Cost proposals will be based on the contract term beginning on July I, 1993. For the current fiscal year FY 1992-93, CVT operates approximately 1,120,000 annual revenue miles on eleven routes with a projected 2,180,000 total annual riders and $670,000 annual cash fare revenue. Service is provided seven days a week with reduced service on Saturdays and Sundays. Proposers shall submit proposals based on 1,125,000 revenue miles and 89,300 total hours estimated to be operated in FY 1993-94. (TOTAL HOURS is defined as the total number of hours in fixed route service a vehicle is operated, including hours consumed while traveling to and from Chula Vista Public Works yard. NOT included under total hours are: driver's "call time"; vacation/sick leave; charter service; bus exchanges; training; and road testing.) However, since the term of this agreement will be for a period of three years, modifications to the system routing and mileage may be made during the term of the contract as discussed in Section VI A. Chula Vista is a city with a 145,000 approximate population located eight miles south of the City of San Diego. Major areas and activity centers served by CVT include: Chula Vista Shopping Center, Plaza Bonita Shopping Center, Civic Center, Third Avenue corrunercial area, Southwestern College, Rohr Industries, and numerous public schools. In addition, CVT also coordinates its service with the San Diego Trolley, San Diego Transit Corporation (SDTC), National City Transit (Ncr), and Route 932, a contract service operated by MTDB. Coordination between CVT and other area operators is accomplished primarily by the following: timed transfers at specific locations; a regional transfer policy agreement; and a regional monthly pass program agreement. The CVT fleet consists of 31 buses. Major specifications are presented in Section V.B.5. CVT service requires: Monday, 21 buses on 10 routes; Tuesday through Friday, 22 buses WPC F.V10Me-JiNGINEE/Nl/I.W>IJ/.92 ZA - 45 Page 1 \~) \17 on 11 routes; Saturday, 17 buses on 11 routes; Sunday, 10 buses on 6 routes. There is no bus service un six holidays each calendar year. ""'" The City will supply these 31 vehicles for contractor operation in CVT service. Contractor will furnish drivers and perform maintenance work on the 31 vehicles. Maintenance work performed on CVT vehicles will be monitored closely by City Transit staff and the City Fleet Manager. Proposers may submit proposals based on one or both of the following two (2) options: Option A: Maintenance of CVT buses, storage of buses and base of operations at City of Chula Vista Public Works Yard. Contractor to provide its own administrative/office facilities in mobile trailers similar to existing ATCNancom facilities. Option B: Maintenance of CVT buses, storage of buses, and base of operations offsite at a location furnished by contractor, at a distance no more than six (6) miles from the City of Chula Vista, Public Works Yard, 707 "F" Street. Contractor's responsibilities shall include but not be limited to: 1. Providing all personnel having management, operation, and maintenance expertise necessary to operate the system; 2. Operations supervision and dispatching. ""'" 3. Fare collection and accounting. 4. Personnel administration; 5. Operation and maintenance of CVT buses. 6. Monitoring of on-time performance and road supervision. 7. Data collection and reponing. City's responsibilities shall include but not be limited to: 1. Service and route planning; 2. Establishing fare policies and fare structure; 3. Scheduling; 4. Marketing, including printing and distributing of public timetables and route system maps; 1 5. Administration and monitoring of contract; WPC F:WOMNiNGINEElNJIUCN31.92 <l1-4{' Page 2 6. B us stop signing and facilities maintenance. . 7. Monitoring of overall system operation and performance. In general, Contractor will be responsible for all matters pertaining to CVT day-to-day operations; City staff will be responsible for establishing system policies, overall management, and monitoring of contractor's performance. II. Procurement Process A. General Proposals for this project must be submitted in accordance with Section III entitled "Submission of Proposals." This project requires special skills and expertise. B. Tentative Schedule The tentative schedule of events for this procurement is given below: Item Date (1993) 1. RFP issued February 8 . 2. Pre-Proposal Conference February 18 3. Proposals due March 15 4. Proposal evaluation completed April 2 5. Award of contract by City Council April 27 6. Contractor starts service July I C. Selection 1. This RFP is for a management services contract requiring special skills, expertise, and operations and management capability. All timelv proposals will be examined by City staff for responsiveness as defined in Section IV.A. If deemed responsive, proposals will be examined by an evaluation panel and rated as described in Section IV .B. entitled, "Evaluation Criteria." The selection process will be as follows: a. The evaluation panel will review each proposal based on qualitative factors discussed in Section IVB, and assign each proposal a total score, with a maximum score of 60 points. . WPC F,V/OMru:NGINEElMIUG\431.92 '2-1 - n Page 3 b. After the qualitative evaluation in Section IVB, the evaluation panel will examine the cost submitted by the proposer on the Price Proposal Form. ........, c. Based on a consideration of high qualitative score and reasonable cost, the evaluation panel will recommend a firm for selection by the City Council. The evaluation panel may request one or more firms to make an oral presentation on its proposal before the panel makes a recommendation to the City Council. d. It should be emphasized that this selection process is a combination of cost and oualitative factors. The award of this contract will not be based solely upon low cost: nor will the award of contract necessarily be made to the proposer whose score is the highest as a result of the evaluation procedure outlined in the section "Evaluation Criteria" (Section IV). The Chula Vista City Council will award the contract to the proposer who best meets the needs of the City of Chula Vista for providing transit operations service. and maintenance of the CVT fleet at a reasonable cost. 2. Proposals will be evaluated on responses to questions and information contained in the Technical Proposal Form. Proposer's responses should be clear and specific. General or ambiguous statements will be considered indicative of a lack of understanding of the scope of work reouired for this contract. For example, statements about personnel to be hired by proposer without indicating the number of personnel and their duties, or inclusion of personnel in the proposal who will not be directly involved in CVT operations, will not be considered in the evaluation process. ~ 3. The City reserves the right to withdraw this RFP at any time without prior notice. The City makes no representations that any agreement will be awarded to any proposer responding to this RFP. The City reserves the right to reject any and all proposals responding' to this RFP without indicating any reasons for such rejection(s). The City reserves the right to waive any minor irregularities as part of this RFP process. 4. Negotiations mayor may not be conducted with proposers. Therefore, proposers should make their proposal as advantageous to the City as possible, since selection may be made without discussion with any proposer. 5. All proposals and attached material submitted by proposers will be available for public review at the time of award by the City Council. 6. . A draft agreement is included in this RFP as Attachment!. """" Wl'C F.V/OMElENGINEEkIB/UGI43/.92 ZI-4~ Page 4 . . . D. RFP Addenda Any changes to this RFP will be made by addendum, sent by registered mail, return receipt requested. Proposer responses to all addenda shall be signed and attached to the respective Proposal Form. Failure to attach any addenda shall cause the proposal to be considered non-responsive. Such proposals will be rejected. E. Federal Transportation Administration (FTA) Section 3 (e) Clearance of Public Transit Operators A proposal submitted by a public transit operator who is receiving or has received federal subsidy shall adhere to either of the following two requirements as part of the proposal: 1. A statement or certificate of compliance from the FT A or the operator's governing board that the proposal complies with Section 3 (e); or 2. Proposer shall submit a detailed breakdown of all cost allocations in proposer's bid ensuring compliance with Section 3 (e). Cost allocations shall insure that the full cost of operation with respect to this bid has been included in the cost proposal. F. Precontractual Expenses Precontractual expenses are defined as expenses incurred by proposers and selected contractor in: 1. Preparing a proposal in response to this RFP; 2. Submitting a proposal to the City; 3. Negotiations (if any) with the City on any matter relating to the proposal; 4. Any other expenses incurred by proposer or contractor prior to date of award of any contract. The City shall not be liable for any precontractual expenses incurred by any proposer or selected contractor. Proposers shall not include any such expenses as part of the price proposed in response to this RFP. The City shall be held harmless and free from any and all liability claims or expenses whatsoever incurred by or on behalf of any person, or organization responding to this RFP. Page 5 WPC F,V10MUNGINEfJNlIUGW31.92 t-l- A!\ G. Verbal Ae:reement or Conversation No prior, current, or post award verbal agreement or agreements with any officer, agent, or employee of the City shall affect or modify any terms or obligations of this RFP or any contract resulting from this procurement. -.... H. Special Funding Considerations Any contract resulting from this RFP will be financed with funds available under Article 4.0 of the California Transportation Development Act (TDA). The contract for this service is contingent upon the receipt of these funds. In the event that funding from this source is eliminated or decreased, the City reserves the right to tenninate any contract or modify it accordingly. 1. Alternatives and ExcePtions Proposers may not submit alternative proposals other than the two (2) options provided for in this RFP or take exception or make alterations to any requirements of the RFP. If more than one completed proposal is received from one organization for either options A and/or B, or alterations made thereto, all proposals from that organization will be reiected as nonresponsive. Since City desires to enter into one contract to provide all services as specified in this RFP, only those proposals to provide all services will be considered responsive. J. Preproposal Conference '"""\ The Preproposal Conference will be held on Thursdav. February 18. 1993, starting at 10:00 a.m. in Conference Rooms 2/3 at Chula Vista Civic Center. 276 Fourth Ave" Chula Vista. California. There are two main purposes of this Conference: to clarify any questions potential proposers may have about this RFP; and to present an opportunity for potential proposers to tour the Chula Vista Public Works Yard. Persons or firms intendine: to submit proposals in response to this RFP are strone:lv urged to attend this conference. III. Submission of Proposals Proposals must include eight (8) complete sets of signed copies of attached Technical Proposal Fonn and any additional sheets used to amplify responses to items in the Technical Proposal Form. Ei ght copies of the attached Price Proposal Fonn shall be submitted in a separate sealed envelope clearlv marked Price Proposal Submitted Bv (Name of Proposer). Proposers may refer to Attachment 3, "Expense Object Class Definitions" for assistance in completing the Price Proposal Form. Proposals that do not include all required fonns, correct number of complete copies, or do not have answers included for every question on all forms may be deemed nonresponsive and may be returned to the proposer. -.... WPC F!'ilOMI:.\ENGlNEEINJILLG\43/.92 ZA -r-Q Page 6 . . . Proposals must be delivered to Bill Gustafson. Transit Coordinator. Chula Vista Public Works tuildinl!. 707 tlFtI Street. Chula Vista. California. 91910. ProDOsals must be received bv 2:00 p.m. on March 15. 1993. If mail delivery is used, the proposer should mail documents early enough to provide for arrival by this deadline. The proposer uses mail service at his own risk. City will not be liable or responsible for any late delivery of proposals. Proposals received after the date and time specified will not be considered, and will be returned to the proposer unopened. IV. Evaluation Criteria The evaluation component of this RFP process is divided into three parts: non-scored evaluation criteria; an evaluation of qualitative factors by a panel for a maximum score of 60 points; and a cost bid. Proposers may submit proposals for Option A and/or Option B as discussed in Sections I and lYC. Therefore each proposer may submit a maximum of two options. Each option will be evaluated separately by the evaluation panel. Each evaluation panel member's score for each option will be averaged with all panel members' evaluation scores to determine one qualitative score for each option submitted. A. Non-Scored Evaluation Criteria. 1. In order to be considered a responsive proposer, the proposer/f1nn or proposer's Location Manager must have had at least three years experience in providing publicly funded fixed-route bus transportation service of the same size as or larger than the CVT system in terms of total annual ridership (estimated 2,200,(00) and/or total annual revenue miles (approximately 1,125,(00). Therefore, a firm which has operated only charter service, or school bus .service, for example, will.!lQ1 be considered a responsive proposer. (pass/fail: Determination by City staff.) 2. Bonds Required In order to be considered a responsive proposer, the following bonding requirements must be submitted with the proposal: a) Bid Bond: equal to or greater than 10% of the first . year (FY 1993-94) proposed cost, b) Performance Bond. The proposal shall be accompanied by a letter from a comorate surety satisfactorv to City stating that proposer is bondable in the amount of $400,000. The successful contractor will be required to furnish a performance bond as surety for the faithful performance of this agreement within 10 days after selection by the City Council. The performance bond will be in the amount of $400,000. (Pass/Fail: Determination by City staff.) 3. City reserves the right to determine if any proposal submitted in response' to the RFP shall be deemed responsive, and to waive any discrepancies or WPC F.ViOMf:.JiNGINEEINl/UG'>43/.92 Page 7 u-S\ minor irregularities pertaining to any proposal submitted in response to this RW. ~. B. . Qualitative Evaluation Criteria (maximum of 60 points) 1. Approach to System Management (maximum 30 points): An evaluation of how the proposer will ensure a high-quality, cost-effective, fixed-route service. Considerations include: management processes; an effective safety program; key staff personnel and responsibilities that will be assigned exclusively to CVT operations, and plans to maintain a low turnover rate for bus driver staff, including employee salaries and benefits proposed. In addition, City recognizes that the smooth and proper operation of the CVT fixed route system depends largely on the competence, management ability, and experience of the Contractor's Location Manager, Operation Supervisor, Road Supervisors, and Maintenance Manager. Therefore, an evaluation will be made of the resumes and references of these key personnel whose names appear in the Technical Proposal Form. Following is a more detailed explanation of how the criteria will be evaluated. (a) Location Manager (maximum 5 points) POINTS o """'\ 5 Experience: No operations management experience Experience: With system management experience of equal or larger system size than CVT (b) Operations Supervisor (maximum 5 points) POINTS o 5 Experience: No operations supervisory experience Experience: With system management or supervisory experience of equal or larger system size than CVT . ""'" WPC F.VlOME>ENGINEElNJIUfN31.92 t{-s2 Page 8 . . . (c) Management Program (maximum 20 points): Includes proposer's compn..hensive plan for system start-up, dispatch location, and hiring and training of employees, and plans for minimizing driver turnover as described on page 9 of 11, Technical Proposal Form. Please note: The City requires, as a minimum, a wage range of $7.00-$9.50 for Drivers and $10.00 for Road Supervisors during the first contract year after a probationary period which shall be described by proposer. The City also encourages provision of reasonable benefits for Contractor employees. POINTS o 10 Program not detailed or lacking quality control procedures. Detailed program to show how system will be operated to provide quality service. POINTS o 5 No detailed plan for minimizing driver turnover. Detailed plan for minimizing driver turnover. POINTS o 5 No commitment to interview and give special consideration 10 hiring existing employees. Commitment to interview and give special consideration 10 hiring existing employees. 2. Maintenance Capabilitv (maximum 15 points): An evaluation of the proposer's capability to carry out the required preventative maintenance and repair program as described on page 8 of 11, Technical Proposal Form. Consideration of personnel to be assigned exclusively to City operations and their experience; and an examination of maintenance costs shown in cost bid line items. These cost components for maintenance will be evaluated as indications of the proposer's understanding of the level of maintenance work to be performed. City and the evaluation panel may inspect existing or proposed maintenance operations and facilities. WPC FWOMMNGlNEElNJIUJ:N31 .92 Page 9 2-1.....~~ (a) Previous Maintenance Exoerience of Maintenance Manager (maximum 5 points) POINTS ""'" o 5 No previous maintenance experience of heavy duty diesel powered transit vehicles. Experience in maintaining heavy duty transit vehicles including installed hydraulic wheelchair lifts and registering fareboxes. (b) Maintenance Program (maximum IO points): Points for this criterion will be assigned based on a review of proposer's specific plans for an effective repair and maintenance program including olans for minimizing road calls and bus downtime due to mechanical breakdown or required body work; maintenance management technique to maximize and efficiently use available resources; whether a road call vehicle is provided or not; use of outside help to expedite repairs; and availability of technical expertise on complex repair problems. POINTS o 10 No detailed maintenance program for CVT buses. Detailed, comprehensive maintenance program for CVT buses including the experience and number of personnel directly involved exclusively to CVT operations. -.., 3. Experience (maximum IO points): Points for this criterion will be assigned based on a review of the length and amount of experience and relevancy of that experience which a proposer or Location Manager has had in management and operations of a fixed route public transit system of at least comparable size to CVT. This evaluation will also consider experience of personnel that will be directly involved in CVT operations. (Three [3] years' minimum experience required as per Section IV.A.) POINTS o 2 4 6 8 10 2-3 yr. uperience 3-4 yr. experience 4-5 yr. experience 5-6 yr. experience 6-7 yr. experience """"'. WPC F.'JIOMNNG/NEEJNI//.LG'43/.92 Z I ~t-+ Page 10 . . . 4. Evaluation of References (maximum 5 points): Evaluation panel members ",ill contact at least three .eferences listed by each proposer and will conduct an interview. A maximum of 5 points will be assigned for this criterion based on reference response which rates proposer on a scale from 5 to O. A score of "5" is "Excellent" and "0" means "Would Not Hire Again." c. Cost Total cost includes lump sum start-up costs, if any, and annual cost based on revenue miles. The total cost to be evaluated will include the total cost for the complete term of the contract. In addition. please note the following: In order to establish comparable costs between options A and B, City staff will add the following cost to the proposer's total three-year cost for each option as follows: Option A, $116,000; Option B $0. The $116,000 is an estimated cost charged to the Transit Division by the City of Chula Vista for use of City facilities over the three year contract term. Under Option A, proposer's cost bid should.!lQ! include any rental or lease costs to the City of Chula Vista, but should include costs associated with providing office or maintenance storage/work spaces (such as office trailers, spare parts, sheds, etc.) that are not provided by the City of Chula Vista. V. Statement of Work A. Scope of Services 1. Contractor shall provide the management, technical, and operating personnel, service, equipment, and maintenance necessary for the operation of CVT services specified in this section including all exhibits. There are two options for contractor provision of facilities. These two options are as follows: A. Maintenance of CVT buses, storage of buses and base of operations at City of Chula Vista Public Works Yard. Contractor to provide its own administrative/office facilities in mobile trailers similar to existing ATClVancom facilities. B. Maintenance of CVT buses, storage of vehicles, and base of operations off site at location provided by contractor. For Option A, buses may be fueled at City yard. For those proposers bidding on Option A please note: The City of Chula Vista Fleet Manager will provide limited space for contract operator to share City of Chula Vista maintenance facility. The location of the City Public Works Yard and Maintenance Facility is 707 "F" Street, Chula Vista, California. Contract operators bidding on Option A will have WPC F.'>HOM/M:NGINEEIM/LUN3/.92 Page 11 ~kS~ priority use of one bay at the City's maintenance yard. However, storage hcilities ana space for contract operator are limited. For those proposers """", choosing to bid Option A, contractor will be required to erect a storage shed for spare parts and office trailers for Contractor's administrative functions at sites in the City yard to be determined by the Fleet Manager. Before submitting a proposal based on Option A. proposers should contact the Citv Transit Coordinator to discuss specific arrangements regarding sharing Citv of Chula Vista facilities for maintenance. Anv and all costs related to contractor providing additional facilities at the Chula Vista maintenance vard relative to this contract will be the responsibilitv of the contractor and should be included in the cost proposal for Option A. 2. City staff shall be responsible for all policy, administrative and overall management of CVT service including: determining and specifying routes and schedules; conducting service and route planning activities; providing bus stop signs, route maps, service schedules. and marketing; and establishing fare policies. Contractor shall be responsible for CVT operations, fare collection, accounting, data collection and reporting, and insuring the implementation of all policies. 3. Contractor shall provide bus service on CVT routes 701, 702, 703, 704, 705,706,707,708,709,711 and 712 as described in Attachment 3. Buses shall be operated on these routes according to the route descriptions and schedules included in Attachment 3 or any subsequent modification. City will supply: buses for this service; radio equipment, including an operating frequency; and registering fare boxes. .....", B. System Operation 1. Contractor shall operate the CVT system in compliance with CVT operating policies and all applicable federal, state and local laws, including the Americans with Disabilities Act (ADA). 2. Management of day to day operation of the system and service will be vested in contractor's Location Manager who shall be thoroughly familiar with City's service area, policies, and system operation. The Location Manager will be available to meet with City staff in Chula Vista as deemed necessary by the Transit Coordinator. The Location Manager, or Contractor's management personnel, will be available to attend meetings pertaining to transit matters as deemed necessary by the City. Replacement of the Contractor's Location Manager will require written approval by the City at least 14 days in advance of proposed replacement. 3. In addition to the Location Manager, Contractor shall provide a knowledgeable, and experienced Operations Supervisor and a sufficient number of Road Supervisors to monitor CVT operations during all operating hours. The Operations Supervisor and Road Supervisors shall ~ WPC F.'J/OME>ENGINEOlNJIlliN31.92 D,-- si-- Page 12 . . . be responsible for supervlsmg and monitoring all activities of bus operators, including schedule adherence, road conditions, wheelchair lift operation, fare media collection, and bus operator performance, behavior, and observance of system procedures. 4. Road Supervisor duties shall also include: distributing transit information (CVT schedules, system maps, etc.) to various locations in Chula Vista (currently about 8 locations); and posting "service change" notices at affected bus stops are required. 5. The following equipment will be provided by City for CVT operation: a) Buses Rebuilt Miles (10/1/92) Cumulative CVT Veh. Seated Miles No. Last 4 Digits of VIN #'s Year Capacity ( 10/1192) Engine Transmission 001 Orion # 1105 1984 39 388,000 23,000 23,000 002 Orion #1106 1984 39 330.000 12,000 12,000 003 Orion # 1 094 1984 30 342,000 12,000 12,000 004 Orion #1096 1984 30 342.000 6,000 6,000 005 Orion # 1 097 1984 30 330,000 78,000 165,000 006 Orion #1098 1984 30 332.000 80,000 80,000 007 Orion # 1 099 1984 30 366,000 81,000 81,000 008 Orion # 11 00 1984 30 336.000 6,000 6,000 009 Orion # 11 02 1984 30 293,000 75,000 75,000 010 Orion # 1103 1984 30 342,000 140,,000 140,000 011 Orion #1104 1984 30 366,000 4,000 4,000 012 Goshen #5820 1992 25 Delivered after 10/1/92 013 Goshen #5822 1992 25 Same as 012 014 Orion #1377 1986 39 288.000 4,500 45,000 015 Orion #1378 1986 39 303,000 60,000 I 60,000 016 Orion #2524 1990 39 123,000 017 Chance Trolley #7460 1989 18 51,000 018 Chance Trolley #7461 1989 18 50,000 019 Chance Trolley #7462 1989 18 47,000 020 Chance Trolley #7463 1989 18 49,000 WPC F.VlOMe.ENGINEElNlIUCN31.92 Page 13 Z- t -- ')-1 021 Orion #2525 1990 39 114.000 022 Orion #2526 1990 39 117,000 023 Orion #2809 1991 39 70,000 024 Orion #2810 1991 39 81,000 025 Orion #2811 1991 39 81.000 026 Orion #2812 1991 39 82.000 027 Orion #2813 1991 39 76.000 028 Orion #2814 1991 39 75.000 029 Orion #2815 1991 39 78,000 030 Goshen #5823 1992 25 Same as 012 031 Goshen #5824 1992 25 Same as 012 b) Engines (1) (2) (3) (3) c) Goshens: Orions (11001-'"'11. '"'14. '"(15): Orions (,",16. '"'21-'"(29): Trolleys: Transmissions (I) (2) (3) (4) Goshens: Orions (11001-'"'''. '"'14. ,"(15): Orions (,",16. '"'21.'"(29): Trolleys: Cummins 6BT5.9 Detroil Diesel 6V92T AC Detroit 6V92T A Caterpillar Diesel, 3208-175 Allison AT-545 Allison 747 Voith D863 Allison AT-545 d) All CVT buses are wheelchair accessible. The wheelchair lift on 13 Orion buses is manufactured by Environmental Equipment Corp.; the lift on 10 Orion buses is manfactured by LiftU; the lift on the 4 Goshens is manufactured by Braun; the lift on the 4 Trolleys is manufactured by Mobil Tech. e) Radio Equipment CVT Buses #001-031 -- Motorola Spectra UHF A5 Mobile Units, Model DA5KM wi handset. f) Fare Boxes All buses: GFI Cents-a-Bill Electronic fareboxes WPC F.'J/OME--ENGINEElNJ/J.LG\43/.92 Page 14 '{ I"'" r-j' ~ -.. '""'\ . . . g) Miscellaneous equipment on each bus: 3 triangular reflectors, passenger counter, transfer cutter, first-aid kit, tire extinguisher, and schedule rack. 6. There will be no scheduled CVT service on the days the City of Chula Vista observes the following holidays: Labor Day, Thanksgiving Day, Christmas Day, New Year's Day, Memorial Day, and July 4, except for Route 708 which has its own operating days. 7. Driver Hiring a) Contractor shall recruit and hire a sufficient number of drivers assigned exclusively to CVT service. Contractor shall have a sufficient number of backup drivers readily available for any and all contingencies such as absenteeism, illness, and other personnel emergencies without a disruption of CVT service. b) As a condition of employment under the agreement, all personnel assigned to CVT service must pass tests for drug and alcohol use. Drug and alcohol screening shall be conducted prior to employment in CVT service, and at a minimum, at two (2) year intervals in conjunction with a physical exam for Class B license renewal. Screening at more frequent intervals may be conducted by Contractor as pennitted by law. c) The City requires Contractor to have all employees fingerprinted and City will conduct a criminal history check on all personnel assigned to CVT service. The results of the criminal history check will be confidential information and City will not release this information to Contractor. However, information obtained on the criminal record of an individual assigned to CVT service may warrant CVT requesting Contractor to remove individual from CVT service. City will pay the cost of fingerprinting. 8. Driver Training and Procedures. Contractor shall provide such periodic driver training, orientation, and road supervision as is appropriate to fully familiarize all drivers assigned to CVT service with operating schedules, routes, transfer policy, and performance standards--including courtesy, safety, and schedule adherence of the CVT system. Training and orientation by contractor shall include no less than the following: a) DRIVER TRAINER I) Must have a State of California, Department of Motor Vehicles approval to certify Class 2 driver's licenses, with WPC F,V10Me.ENG/NEEINJ/1LG\43/.92 Page J 5 2-l'-~ a passenger, air brakes, and automatic transmission endorsements. """ 2) Must have at least one year experience as an instructor. 3) Must be a National Safety Council Defensive Driving Instructor or equivalent. b. NEW DRIVERS I) Must receive and pass the eight-hour minimum National Safety Council Defensive Driving Course or equivalent. This includes practical applications. 2) Must receive at least 20 hours of driving instruction (including both group and individual instruction) on CVT routes. At least one hour of actual driving for each route will be included. 3) At least four hours of classroom instruction regarding transfer policies, bus check-out procedures, accident report writing, vehicle code, and schedules, routes, and fares of the CVT system will be included. ........ 4) At least eight hours of the training program shall be devoted to the operation of lift equipment and courteous treatment of handicapped individuals. The lift training shall include instruction on the operation of lifts and tiedowns, experience boarding and alighting individuals in wheelchairs under various conditions and empathy training to help new operators gain insight into the special needs and specific obstacles handicapped individuals may encounter using public transportation. 5) Two hours' orientation to CVT system policies, procedures, and driver performance standards to be given to each driver by the City Transit Coordinator or his designated representative following completion of the four-hour classroom instruction by Contractor. 6) The City Transit Coordinator or his representative shall make the fmal determination as to the qualifications of prospective CVT drivers based on the satisfactory completion of the aforementioned training and orientation. Contractor shall provide City with a list .of drivers who have completed the specified driver training program and shall update this list as necessary. """ \J7'C F.WOMMNGINEEJM/IUGl4Jl.92 ll~0c) Page 16 . . . 9. Driver Procedures Contractor shall require all drivers assigned to CVT service to adhere to the following CVT procedures: a) All buses shall be driven in a safe manner. Care should be exercised to ensure that passengers are safely seated or have safely deboarded before starting the bus. b) Adherence to schedule and routing is mandatory except for unforeseen circumstances beyond the control of contractor and his employees. (For example, road closures, breakdowns, etc.) c) Drivers shall be courteous to all passengers. d) Drivers shall carefully complete the CVT driver's daily record and Bus Defect Sheet as well as take accurate regular daily (and specially requested) passenger counts. e) Drivers shall wear uniforms which are similar in nature while on duty. CVT patches will be affixed to the right sleeves of jackets and/or shirts. f) Drivers shall not smoke or eat on the bus at any time and shall enforce same policy for passengers as well. g) Drivers must provide transfer slips to passengers in conformance with CVT transfer policy upon request of passenger. h) Drivers shall not play am/fm radios on the bus at any time. i) Drivers must ensure that proper and exact fares are placed in the fare box by passengers. If any problems arise the drivers may accept the fare and inform the passenger to contact the CVT office. Under no circumstances will a driver handle any cash from passengers. j) Drivers must notify Contractor's Location Manager or dispatcher immediately if the vehicle is unable to continue operation. This information will also be immediately relayed to San Diego Transit Information and to City Transit Office by the Contractor. k) Drivers will report to the dispatchers any unusual occurrences observed on the road and any vandalism or damage to City property. WPC F.^HOMNiNG/NEENlUG'.m.92 Page J 7 'Ll'""(O\ I) All extra board drivers shall undergo driver training specified in this section before being assigned to Chula Vista Transit. -., m) For option A, drivers are responsible for properly securing and locking the gate to the City Yard at "F" Street and Woodlawn A venue. This gate must be secured by drivers after 4:30 p.m. Monday through Friday, all day on weekends, and at any other time directed by the Transit Coordinator or his representative. n) For option A, drivers shall park vehicles in the City of Chula Vista yard in specific locations designated by the Transit Coordinator or his designated representative. 0) Drivers will not allow any articles longer than 5 feet to be carried on the bus by passengers. p) Prior to start of shift, drivers will conduct a "walk around" inspection of their vehicle, test and operate the wheelchair lift, and fill out a "Bus Condition Report." If the driver is uncertain about the safety condition of the vehicle, the vehicle must be inspected by maintenance personnel to determine if it is safe to operate. q) Drivers will be responsible for maintaining cleanliness of buses while on duty. -., r) Driver will not leave bus unattended with front door open as to allow passengers to board without having paid the correct fare. 10. The procedures in Section 9 shall not preclude the Contractor from enforcing its own policies and procedures which are not contrary to the above provisions. 11. Driver failure to follow the procedures in Section 9 shall be cause for Contractor to honor City Transit Coordinator's request for driver's dismissal from CVT service after appropriate written and/or verbal warnings have been given to Contractor by the City Transit Coordinator or his designated representative. Prior to Contractor reassigning driver previously dismissed from CVT service back to CVT service, notice shall be given to the Transit Coordinator who will make a decision on whether or not this driver reassignment is acceptable to City. 12. Contractor shall provide a daily Vehicle Status Report to the Transit Office by 9:30 a.m. each weekday. The Report will list the names of drivers and their shift times, the bus number of those buses in-service and to which routes they are assigned, and the condition of each bus and wheelchair lift. -., WPC F.V10MEoJiNG/NEEIrIB/UfM3/.92 [{--teL Page 18 . . . 13. Contractor shall maintain a Lost and Found Service for articles inadvertently left by passengers on buses. 14. While in a CVT Uniform, Contractor employees will not purchase, consume, or be under the influence of any intoxicant, narcotic, or harmful drug. 15. Contractor employees may use CVT vehicles only in connection with their assigned duties and only within the CVT service area unless otherwise authorized by the Transit Coordinator or his representative. 16. For option A, Contractor and its employees shall observe all rules and regulations published by the Director of Public Works Operations pertaining to the use of the City Yard especially those that apply to yard cleanliness, vehicle parking, fueling, prohibition of private vehicles from entering the yard unless authorized, handling of toxic materials and spills and yard gate security. 17. In the event of an accident involving a CVT vehicle resulting in an injury or fatality, Contractor shall immediately notify the Transit Coordinator or his representative by phone (day or night) and a copy of the accident report forwarded to the Transit office no later than the next working day. C. Maintenance and Repairs 1. Contractor accepts full responsibility for maintenance and repair of all CVT buses, interior and exterior, including body and paint work, wheelchair lifts, registering fareboxes, communication equipment and to keep bus units including all installed equipment oil buses in a safe and good operating condition. Paint and body work on each bus shall be completed within seven (7) davs of occurrence; the Transit Coordinator may extend the time period to three (3) weeks in order to minimize impact on CVT service requirements. 2. Contractor will be responsible for thoroughly washing all buses used in this operation at least three times each week. In addition, the interior of each bus used in CVT service shall be thoroughly cleaned daily in accordance with Bus Cleaning Check List, Attachment 6. 3. Contractor will institute and maintain a formalized preventive maintenance program for all buses in conformance with manufacturer's preventive maintenance schedule in Attachment 2 and shall conform with the PMI schedule for oil change in Attachment 7. Contractor shall conduct a transmission and engine oil analysis every 6,000 miles and report results to the Transit Coordinator. The Chula Vista's Fleet Manager is the Transit Coordinator's designated representative to monitor and oversee contractor's maintenance and repair activities on owned buses. Contractor shall Page 19 WPC F.<J/OMEoENG/NEEJNJ/Ul:M3/ .92 2...1-[/; document anv and all preventive maintenance work or repairs performed 0:1 CVT buses. and submit this documentation to Transit staff no later than 72 hours after completion of work. ....... 4. Contractor shall provide a road call service vehicle for mechanics in order to insure timely response to road calls. 5. Quality and regular maintenance of buses is essential and is required for efficient, reliable transit operation. Contractor shall report budget line items 501.02--Maintenance salaries and wages, and 504.03/504.04-- Materials and supplies, as maintenance categories within the budget. These line items shall be reported to City staff on a monthly basis. Deferred maintenance and/or shifting of funds from one line item to another within the budget are prohibited. The maintenance budget will be reviewed monthly by City staff and contractor. Changes to the maintenance budget or maintenance program may be made only upon written approval by the Transit Coordinator. 6. At the end of each fiscal year, City staff and Contractor will review maintenance and repair expenditures. If Contractor's expenditures for the year are less than budgeted amounts, then Contractor will reimburse City the difference between budgeted maintenance and repair costs and actual expenditures. ....... 7. Contractor shall comply with all City, state and federal policies, procedures and laws and requirements regarding toxic waste disposal, fuel spills, City maintenance yard security, parking of vehicles and use of City vehicles. D. Data Collection and Reporting 1. Contractor shall collect all data on operation of CVT. Contractor shall maintain a daily office log of vehicle breakdowns, road calls, missed trips (including cause), complaints and compliments received. Customer service calls shall be logged in the daily office log. Daily office log shall be made available to City staff upon request. 2. The combination Driver Daily Records (DDR's)/Bus Defect Sheet, Attachment 5, will be used by each shift of bus operators, a copy of which is to be submitted to the Transit Office on a daily basis. The DDR is the source document for use in determining the total miles, farebox revenue, number of passengers and passenger categories. Missed miles and missed trips will be determined from the DDR's by comparing actual daily miles entered into the DDR' s against predetermined daily total miles for each route. """"" WPC F.wOMNNGINEElMIUfNJJ.92 ~ I ---(;4 Pagt 20 . . . 3. Contractor shall prepare and submit to City staff a Quarterly Maintenance R.:port which will include, but not be limited to, the following: a summary of all maintenance work performed including preventive maintenance work, body and paint work, and major repair work, the cost of maintenance such as oil, parts, fuel, labor, all repairs; a status of each vehicle's condition; and highlights of problems and suggested solutions. 4. In addition, contractor will fulfill the following minimum written reporting req uiremen ts to City staff: REPORT FREQUENCY a. Driver daily records Daily, by 9;30 a.m. of the next working day b. Computation and reconciliation of fares collected Weekly c. SANDAG fonn B.lO. items 15. ]6. 17.20.21 aod 22 Quarterly d. Fuel costs and individual bus fuel consumption Monthly e. Road ca11 reports Monthly f. California Highway Patrol periodic safety inspection Forwarded to City within 3 days after receipt of report g. Accident reports Each occurrence 5. Contractor shall make available to City such reports free of charge as may be requested by the City Transit Coordinator, MTDB, or SANDAG, unless such reports are of such complex and time-consuming nature in which case City will reimburse bus company the reasonable cost of preparation of such reports. VI. Payment for services provided A. General 1. City will pay contractor for provision of services provided in accordance with the terms and conditions of the final agreement between City and contractor. Payment shall be made monthly in arrears based on revenue service miles operated in the preceding calendar month. 2. City estimates that 1,125,000 revenue miles shall be operated by contractor during FY 1993-94 commencing on July I, 1993. It should be noted that this mileage figure is subject to change during the three-year contract term. 3. Upon a decision by City to provide additional or reduced scheduled fixed route service or a change in the number of revenue service miles provided by contractor due to strike, civil disaster, or other public calamity, the following cost per mile adjustments shall apply: WPC F.WOMUNG/NEElNJ/UG\43/.92 Page 2/ 'lJ - Co )' a. The annual cost per mile for each year of the contract term shall be in effect for any variation in annual service miles up to 20%. For example, based upon an FY 1993-94 service miles operated of 1,125,000, service addition up to 1,350,000 miles or a service reduction to 900,000 miles, no adjustments will be made in the rate per mile for that year. """" b. A service addition greater than 20% or a reduction greater than 20% of the annual revenue miles specified in the final agreement may be subject to negotiation of a new rate per mile. 4. During the course of this agreement, City may authorize Contractor to perform services not included in the Contractor's cost per mile rate for regular CVT operations. Examples of such services include: the use of CVT buses for "special" or "charter" services, "trippers" to accommodate peak loadings. Upon authorization of such services by the Transit Coordinator or his designated representative, City will pay Contractor the cost of these services as follows: a. The cost of "special" or "charter" service will be paid to Contractor based on specific rates to be negotiated between Contractor and City. b. The cost of "tripper" services will be the applicable cost per mile rate for regular CVT service. """" c. Reimbursement for other authorized costs will be made on a direct cost basis with proper supporting documentation of the incurred Contractor cost/expenditure. B. Penalty for Failure to Provide Service 1. Each CVT route will have a designated daily total miles. The daily total miles is defined as the sum of daily revenue miles and deadhead miles. The total miles for each route will be finalized prior to contract formation and will be dependent upon the distance of contractor's base of bus operations to the beginning point of revenue service for each CVT route. 2. For purposes of computing missed miles, City will hold Contractor accountable for each route's scheduled minimum daily mi1eal!e which is equal to 99% of the route's daily total miles. The 99% figure.is the minimum total miles prescribed for each route below which payment. adjustments will be required. The source document for determination of the daily total miles logged on each route will be the Driver Daily Record. For example, if a route's designated daily total miles is 300, the scheduled minimum daily mileage is 297. In the event that the total miles for the route as entered on the DDR is shown to be less than 297, the Contractor """" WPC F.'J/OM1N:NG/NEEINl/UG\43/.92 (K~ Page 22 . . . shall pay City an amount equal to the difference between the scheduled minimum daily mileage and the reported total miles times the current cost per mile of seIVice. 3. An example of CVT's scheduled minimum daily mileage with the City Yard as base of operations is as follows: CHULA VISTA TRANSIT DAILY MILEAGE SUMMARY MINIMUM MILES FY 1992-93 Scheduled Daily Mileage Totals Scheduled Minimum Daily Mileage Totals Weekdays Saturday Sunday Weekdays Saturday Sunday Route 701 743 622 559 736 616 553 Route 702 405 323 153 401 320 151 Route 703 505 391 0 500 387 0 Route 704 267 216 0 264 214 0 Route 705 490 344 292 485 341 289 Route 706 177 178 0 175 176 0 Route 706A 105 105 99 104 104 98 Route 707 168 156 0 166 154 0 Route 708' 79 79 79 78 78 78 Route 708 52 52 52 51 51 51 Route 709 337 180 0 334 178 0 Route 711 212 0 0 210 0 0 Route 712 200 172 163 198 170 161 .Summer season schedule for Route 708: Ju~ 23.SeptemlHr 7. 1992 NOTE: Toral miles are based upon driller shift changes 0' the resJNctiw trollty stations and deadhead miles are from the Public Works Yard to route starr points ondfrom resp<<live trolley statiOlU to Public Works fQ1'dfor end points. . ' Adjustments for missed miles will be made monthly; any deduction for missed miles will be subtracted from the monthly payment for the month the miles were missed. Payments shall also be subject to adherence to all other contractual requirements including the prompt submission to City of required reports and source documents from which a computation of monthly payment adjustment is based. WPC F.V/OMNNG/NEE/M/LJJ:N3/.92 Page 23 V,Co1 C. Liquidated Damages From the nature of the services to be provided, the Contractor and City agree that it is extremely difficult to fix actual damages which may result from failure on the part of the Contractor to perform any of its obligations herein and the resulting loss to City. Therefore, both parties agree that the Contractor liability should be limited to and fixed at the sums stated in this Section of the Agreement, as liquidated damages and not as penalty, to be deducted automatically by City from Contractor invoices for the period(s) in which occurred. The decision of the Transit Coordinator is final with respect to any assessment of liquidated damages. The Transit Coordinator may rely on information supplied by Contractor, by the public or by staff, as well as by other means in determining assessment of liquidated damages. I. Liquidated damages will be assessed at the rate of one thousand dollars ($1,000) per occurrence for failure to achieve a satisfactory rating in any category of the annual California Highway Patrol Safety Compliance report (CHP 343). 2. Liquidated damages may be assessed at the rate of one hundred dollars ($100) per occurrence for each unauthorized failure to operate transit routes in accordance with the route descriptions given in Exhibit A. 3. Liquidated damages may be assessed at the rate of one hundred dollars ($100) per day for each day Contractor fails to employ and assign to the services covered by this agreement a Location Manager, Operations Supervisor, Road Supervisors, or Maintenance Manager. In the event Contractor's Location Manager, Operations Supervisor, or Maintenance Manager terminates his or her.employment with less than two (2) weeks notice, liquidated damages will not be assessed until the fifteenth (15th) day following the notice of termination. 4. Liquidated damages may be assessed at the rate of fifty dollars ($50) per day for each incident of failure to comply with the following requirements and driver specifications herein: (a) (b) (c) Failure to clean vehicle interiors daily. Failure to clean vehicle exterior three times weekly. Failure to provide 8-hour National Safety Council Defensive Driving Course or equivalent for each driver before that driver operates any vehicle in revenue service. Failure of driver to wear a presentable uniform while on duty. Failure to have a new driver undergo a two-hour orientation to CVT system policies, procedures, and performance standards prior to being assigned to a CVT route. (d) (e) WPC F.'JfOMIN:NG/NEEIM/ULN3/..2 Page 24 L'~b'"i "'""'" "'" ~ e e . (0 (g) (h) Failure to provide a minimum of 8 hours of driver instruction/route familiarization to each driver before that driver operates vehicle in revenue service. Failure to repair vehicle body damage (interior or exterior) within 21 days of the occurrence. Failure to perform any required preventative maintenance procedures within :!:500 miles of the scheduled maintenance. 5. Liquidated damages may be assessed at the rate of fifty dollars ($50) per incident of a vehicle in revenue service leaving a schedule time point prior to the schedule departure time. 6. Liquidated damages may be assessed at the rate of fifty dollars ($50) per day for each incident of failure to submit to City any of the following reports: (a) Driver Daily RecordslDefect Sheets, daily by 9:30 a.m. of the next working day. Computation and Reconciliation of fares collected for the week, by 2:00 p.m. of the following Monday or first working day. SANDAG Form B-IO Items 15, 16, 17,20,21, and 22, by October 20, January 20, April 20, and July 20. Fuel Cost and Fuel Consumption, by the 5th of each month. Road Call Reports, by 5th of the following month. California Highway Patrol Safety Inspection Reports, three days after receipt of report by Contractor. Accident Reports, within three days after occurrence. (b) (c) (d) (e) (0 (g) 7. Failure of City to assert any right which it has under this contract, or to assess any liquidated damage as provided herein, shall not act as a waiver as to the City right to enforce the provisions of this contract, or assess liquidated damages in the future, except as specified herein. 8. The assessment of liquidated damages and/or deductions as provided under this contract shall in no way relieve the Contractor of his obligation to provide sufficient service, buses or drivers, or to meet any of the terms of this contract. D. Fuel Cost City will pay the cost of diesel fuel as a separate expense from the cost per mile rate. Proposer's cost should not include diesel fuel. E. Application of San Diego Consumer Price Index (CPI) for all Urban Consumers The following expense object class items only are subject to a CPI adjustment. These are: Class #504.02 (Lubricants, gasoline, miscellaneous); Object Class WPC F.'J/OME.E.NG/NEEINJ/11.CN3/.92 Page 25 'Ll - 6ti #504.03 (Tires and tubes); Object Class #504.04 (Vehicle maintenance parts); and Object C~ss #504.05 (Other materials and supplies). These specific items will be ""'\ adjusted annually if the San Diego CPI as determined by the U. S. Department of Labor Bureau of Labor Statistics exceeds 10% for any specific year. If the San Diego CPI exceeds 10%, then CITY will reimburse contractor only for the CPI percent increment greater than 10% for those items to be adjusted. VII. Collection of Farebox Revenues Contractor is responsible for collection, counting and depositing of all revenues from all buses in CVT service including cash, passes, and any other fare media. Farebox revenue will be deposited at a bank designated by the City of Chula Vista Finance Director utilizing bank deposit slips provided by City. Until such time as the farebox revenues are deposited in the bank, revenues are the sole responsibility of the Contractor and Contractor shall be responsible for any loss. The specific procedure for collection, reconciliation, reponing and deposit of farebox revenues shall be finalized with Contractor prior to start of service. Any discrepancy in CVT revenues related to any fare media or transfers accepted on CVT is the responsibility of Contractor. VIII. Insurance Contractor represents that it and its agents, staff and 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 V" or better, or shall meet with the approval of the City: A. Statutory Worker's Compensation Insurance and Emplover's Liability Insurance coverage in the amount of $1,000,000. B. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount of $10,000,000, combined single limit applied separately to each project away from premises owned or rented by Contractor, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). C. Performance Bond in the amount of $400,000 by a surety and in a form satisfactory to the City Attorney. D. Fidelity Bond in the amount of $50,000 which shall cover Contractor employees protecting City from employee theft with respect to any occurrence by Contractor's employees. ""'"' WPC F.V10MUNGINEElNJIUGW31.92 Z-t- 70 Page 26 . . . E. 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 cancelled 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. WPC F.'J/OMNNG/NEEINJ/lJ.IN3J.92 Page 27 2-1'" "1( TECHNICAL PROPOSAL FORM """" MANAGEMENT & OPERATION OF PUBLIC TRANSPORT A TION SERVICES Note: Technical Proposals shall be typed on this form, should be concise as possible, and shall not include promotional material. Additional sheets may be used to amplify responses to any item in this proposal form where space provided is not adequate. Additional sheets should clearly indicate which page and item they refer to, and shall be attached to this form. Responses to the questions on this form will be evaluated as discussed under Section IV of the RFP. Proposer hereby makes the following proposal, representations, and certifications: 1) GENERAL Firm's Name: Firm's Telephone No. Firm's Address: -- Name of Individual Responsible for Preparation of this Proposal: Title: (Check One): Proposer is a corporation/partnership/joint venture/sole proprietorship. Other: """" WPC F..\/WMWiNG/NEEINl/LL0.43/.02 2-/----'72.. Page] of ]] Technical Proposal Form . . . 2) If Proooser is a ioint venture: Name each member of the joint venture and identity their responsibility (include administrative, operational, and financial personnel) .for each participating firm. PARTICIPATING FIRM RESPONSffiILITY Has this joint venture previously worked together? Yes No If yes: 1. For how long? 2. For how many ventures? 3. What type of ventures? Page 2 01 JJ Technical Proposal Form WPC Fi>J/OMINiNG/NEElNI/UG'>A3/.91 2J - 1) 3) Does the individual proposing firm, any participating firm in any proposed joint venture, or any proposed subcontractor have any conflict of interest within the following context? -... No person performing services for the City of Chula Vista in connection with any project resulting from this proposal shall have financial or other personal interest, other than employment or retention by City, in any contract or subcontract in connection with such project. No officer or employee of such person perfonning services for City shall have any financial or other personal interest in any real property acquired for any such project, unless such interest is openly disclosed upon the public records of the City and such officer, employee, or person has not participated in property acquisition for or on behalf of City. Yes No 4) Provide a brief work history, length of time in business, ownership, and organization background for proposer, and all participating firms for a joint venture. ......., a. List all officers (including titles) of the organization. ""'" WPC F!'ilOMe.ENG/NEEIM//L(M3/.92 L I ~74, Page 3 of 11 Technical Proposal Form . . . b. If proposer is a partially or fully owned subsidiary of another firm, an appropriate statel aen~ must be included identifying all levels of corporate management required to approve contracts relating to any project resulting from this proposal: c. Indicate whether a specific corporation or joint venture would be formed for sole purpose of any project resulting from this proposal: 5) AUDIT AND INSPECTION OF RECORDS: Proposer shall permit authorized representatives of City to inspect and audit Proposer's data and records relating to this proposal. Unsubstantiated statements or refusal to permit audit may cause the proposal to be declared nonresponsive. WPC F.'J/OME>ENG/NEE/NJ/LUN3/.92 Page 4 of /J Technical Proposal Form 2-l-16 6) I agree that any contract resulting from the RFP will include a requirement that I obtain and maintain a Performance Bond in a form satisfactory to City in the amount of $400,000. The Bond will be delivered to the City Transit Coordinator within ten (10) days after selection of Contractor by City Council. The proposal shall be accompanied by a letter from a corporate surety stating that proposer is bondable in the amount of $400,000. Signature WPC F,WOMNNGINEEKlBILUA431,92 PageS of Il Technical Proposal Form 'L/-7? ""'" '"""" '"""" . . . 8) List your management and supervisory employees and their years of applicable public transit experience. List only employees expected to be directly involved in providing demand response transportation service for a contract resulting from this proposal. Employee Name DutieslResponsibilities on City Years of How Long Project Relevant with Your Experience Firm Specifically identify and describe the experience and qualifications of the Location Manager, Operations Supervisor, and Road Supervisors. Be sure to identify where the required experience was obtained as described in "MINIMUM QUALIFICATIONS" and "REFERENCE" sections. Include a resume for each individual. Include an organization chart showing: (1) proposed management structure by job title and name of person, and (2) all other job categories including number of employees in each category. WPC F;'JIOMF>ENGlNEEIM/lLG'43/.92 Page 6 of 11 Technical Proposal Form Q.l-l1 8) State description and date Proposer or Proposer's Location Manager has provided fixed route public triLlsportation service of similar size and complexity as CVT. List time spans, types of service provided, and size of each operation in terms of annual miles/hours, total passengers, fleet size, and population served. WPC F.WOMIMNGlNEEINlILliN31.92 Page 7 of 11 Technical Proposal Form 2l -7$ ........ -., ^"'" . . . 9) Maintenance Program: Proposals may be submitted for Options A and/or B. a) For Options A and/or B: Describe the proposed maintenance program for each in detail, including preventative maintenance, handling of breakdowns and major repairs. b) For Option B): Identify location of maintenance yard and facilities. c) For Options A and/or B: Identify the thirty-six (36) month total cost contained in the Cost Breakdown, Price Proposal Form, for each option proposed, for the following expense object class items: Option A Option B Maintenance Salaries & Wage (501.02) Lubricants, Gasoline, etc. (504.02) Tire & Tubes (504.03) Vehicle Maintenance Parts (504.04) Other Materials & Supplies (504.05) d) Maintenance Manager: Identify individual and describe relevant experience. Identify proposed wage rate. Include resume for individual. e) Identify number of total mechanics proposed and wage scale for each position. f) Identify benefits, exclusive of wages, to be offered maintenance manager and other maintenance personnel. WPC F.WOMIMNGlNEElM/J.L(JW3/.92 Page 8 of II Technical Proposal Form 2J-1q 10) Management Program: Proposer shall, at a minimum, address the following: a) Describe the proposed management approach to operation of a fixed-route public transponation service. """" b) How will proposer ensure a high-quality cost-effective service? c) Describe the proposed method of scheduling trips and dispatching. d) Describe the proposed method of ensuring on-time performance or vehicle reliability. e) Describe proposed procedures for screening potential contractor employees before hiring and routinely screening employees for: (1) Drug use (2) DMV violations Discuss policies and procedures for disciplinary and/or terminating employees under various circumstances, including: drug/alcohol use; DMV violations; dishonesty; etc. f) CVT drivers will be required to operate vehicles safely and be knowledgeable of the regional fare media and regional transfer procedures. In order to perform these functions completely, it is essential that Contractor maintain knowledgeable drivers and a low turnover rate. Accordingly, proposal shall describe: ~ (1) Techniques to retain knowledgeable, experienced drivers; and (2) The wage scale and benefits to be paid drivers including new driver trainees, drivers on probation, and periodic wage increases. Please note: The City requires. as a minimum. the following wages for the positions of drivers and road supervisors during the first contract year (July 1 1993-June 30. 1994: Drivers: $7.00 - $950 Road Supervisors: $10.00 These wages shall be effective after a prescribed probationary period which shall be described by Contractor. The City also encourages the provision ofreasonable benefits to cover Contractor employees. h) Describe management approach to data collection and reporting and how it would apply to CVT services. """" WPC F..WOMfMNG/NEE1NJ/UG\43/.92 L{-'~O Page 9 of II Technical Proposal Form . . . 11) REFERENCES Provide names, addresses, and telephone numbers of at least four (4) people from different organizations who have personal knowledge of your fIrm's ability to provide public fIxed-route transportation service and would be willing to provide information to the City. If a joint venture is proposed, provide four (4) references for each partner in the joint venture. 1) Name of Person Title Phone Number Firm Name Firm Address 2) Name of Person Title Phone Number Firm Name Firm Address 3) Name of Person Title Phone Number Firm Name Firm Address 4) Name of Person Title Phone Number Firm Name Firm Address WPC F,WOMIM:NGINEIiR'JI/LLGW3/.9l 2l-~l Page 10 of II Technical Proposal Form 12) This Proposal is an offer to do the work as described in this proposal, including Price Proposal Fonr. end the Request for Proposals. This proposal shall remain valid for days from the deadline (minimum 120) date for proposal receipt by the City. SIGNATURE: (Person with legal authority to bind Proposer) SIGNER'S NAME AND TITLE: DATE SIGNED: WPC F.'J/OMMNG/NEElNl/UJ:N3/.91 Page 1/ of 1/ Technical Proposal Form f-I- ~Z- ~ ~ .~ PRICE PROPOSAL FORM - OPTION A . Please provide cost information for this proposal on fixed route transit service below in the format requested. Components of Proposer's revenue mileage rate shall be detailed in Tables lA, IB, and IC for each oPtion proposed and for each year of the agreement term. Start-up costs, if any, shall not be included in Table I, but must be shown below. . Option A Option B A. Start-up costs $ $ Total Total Please list main components and cost associated with each: Component Cost Cost B. Total 36-month cost $ $ Total Total C. Total Contract cost for 36 $ $ months Total (A & B) Total (A & B) D. Costs for Options A & B $116,000 $0 (evaluation purposes only) E. Total Cost (for evaluation) $ $ Total (C & D) Total (C & D) . W1'C F!>lIOMNNG/NEE/NI/UG\43/.92 Page 1014 Price Proposal Form ~t- rg~ PRICE PROPOSAL FORM. OPTION A AND/OR B TABLE lA: July 1, 1993 - June 30, 1994 Cost Breakdown (not including lump sum start-up costs) PROPOSED TOTAL ANNUAL COSTS Option A Option B Expense Object Class Class No. Labor 501.00 . Operators salaries & wages 501.01 . Maintenance salaries & wages 501.02 . Management salaries & wages 501.03 Fringe Benefits 502.00 Services 503.00 Materials & Supplies 504.00 . Diesel Fuel/Gasoline 504.01 N/A N/A . Lubricants, Gas, Misc. 504.02 . Tires & Tubes 504.03 . Vehicle Maintenance Parts 504.04 . Other Materials & Supplies 504.05 Utilities . 505.00 Casualty & Liability Costs 506.00 Taxes 507.00 Miscellaneous Expenses 509.00 Expense Transfers 510.00 . Interest Expense 511.00 Leases & Rentals 512.00 Depreciation & Amortization 513.00 Management Fee, Profit 514.00 Total Annual Cost (Excluding any start-up costs) Revenue Mileage Rate (Based on 1.125,000) WPC Fc'JfOME>ENGINEElNllIliN3J.02 Page 2 of4 Price Proposal Form QJ-S'1 """' ......, --. . . . PRICE PROPOSAL FORM - OPTION A AND/OR B TABLE lB: July 1, 1994 - June 30, 1995 Cost Breakdown (not including lump sum start-up costs) PROPOSED TOTAL ANNUAL COSTS Option A Option B Expense Object Class Class No. . Labor 501.00 . Operators salaries & wages 501.01 . Maintenance salaries & wages 501.02 . Management salaries & wages 501.03 Fringe Benefits 502.00 Services 503.00 Materials & Supplies 504.00 . Diesel FueVGasoline 504.01 N/A N/A . Lubricants, Gas. Misc. 504.02 . Tires & Tubes 504.03 . Vehicle Maintenance Parts 504.04 . Other Materials & Supplies 504.05 Utilities 505.00 Casualty & Liability Costs . 506.00 Taxes 507.00 Miscellaneous Expenses 509.00 Expense Transfers 510.00 Interest Expense 511.00 Leases & Rentals 512.00 Depreciation & Amortization 513.00 Management Fee, Profit 514.00 Total Annual Cost (Excluding any start-up costs) Revenue Mileage Rate (Based on 1,125,000) WPC F.'>HOMEoJiNG/NEEJNJ/LW\f3/.92 2:1'" 'b ~ Page 3 of4 Price Proposal Form PRICE PROPOSAL FORM - OPTION A AND/OR B TABLE IC: July I, 1995 - June 30, 1996 Cost Breakdown (not including lump sum start-up costs) PROPOSED TOTAL ANNUAL COSTS Option A Option B Expense Object Class Class No. Labor 501.00 . Operators salaries & wages 501.01 . Maintenance salaries & wages 501.02 . Management salaries & wages 501.03 Fringe Benefits 502.00 SeIVices 503.00 Materials & Supplies 504.00 . Diesel Fuel/Gasoline 504.01 N/A N/A . Lubricants, Gas, Misc. 504.02 . Tires & Tubes 504.03 . Vehicle Maintenance Parts 504.04 . Other Materials & Supplies 504.05 Utilities 505.00 Casualty & Liability Costs 506.00 Taxes 507.00 Miscellaneous Expenses 509.00 Expense Transfers 510.00 Interest Expense 511.00 Leases & Rentals 512.00 Depreciation & Amortization 513.00 Management Fee, Profit 514.00 Total Annual Cost (Excluding any start-up costs) Revenue Mileage Rare (Based on 1,125,000) M'C FNIOMMNG/NEElM//1J.(N3/.92 Page 4 0/4 Price Proposal Form 11-- gc, """" ....... ....... . . . A TT ACHMENT 1 DRAFT AGREEMENT Agreement between City of Chula Vista and hereinafter referred to as "Contractor" for Fixed-Route Bus Service This agreement dated for the purposes of reference only, and effective as of the date last executed unless another date is. otherwise specified in Exhibit A, Paragraph 1 is between the City, whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Contractor, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A, paragraph 6 and is made with reference to the following facts: Recitals Whereas, the City desires to operate a fixed-route public transportation system to serve the City of Chula Vista provided Transportation Development Act (fDA) Article 4.0 funds and Proposition A funds are available; and Whereas, the City's fixed-route bus service called "Chula Vista Transit", hereinafter referred to as "CVT", and Whereas, Contractor has the management and technical personnel, expertise, and other assets useful for the operation of CVT; and maintenance of CVT buses and related equipment; and Whereas, City is desirous of obtaining such services for CVT; and Whereas, Contractor is desirous of providing such service; Whereas, Contractor warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Contractor to City within the timeframes herein provided all in accordance with the terms and conditions of this Agreement; WPC F.WOMEJiNG/NEEINJ/UG\43/.92 Page 1 of 11 A/tachmenr 1 rzl-~1 NOW, THEREFORE, BE IT RESOLVED that the City and Contract<:>r do hereby mutually agree as follows: ""'" 1. Contractor's Duties A. General Duties Contractor shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Contractor shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to tenninate this Agreement. C. Reductions or Increases in Scope of Work """\ City may independently, or upon request from Contractor, from time to time reduce or increase the Defined Services to be performed by the Contractor under this Agreement. Upon doing so, City and Contractor agree to meet in good faith and confer for the purpose of negotiating a corresponding change in the compensation associated with said change. An increase or decrease in the annual vehicle miles, by more than 20% during any year of the agreement may result in compensation being negotiated. D. Additional Services In addition to perfonning the Defined Services herein set forth, City may require Contractor to perform additional services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Contractor, Contractor shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 1O.B, unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Contractor, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions ""'" and in similar locations. WPC F.V/OMtN:NGINEElNlILLG\43J.92 L I '""'~g Page 2 of II Attachment 1 . . . F. Insurance Contractor represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Contractor, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). G. Proof of Insurance Coverage. (I) 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. H. Performance Bond. In the event that Exhibit A, at Paragraph 9, indicates the need for Contractor to provide a Performance Bond, which indication shall be made by checking the parenthetical space adjacent to the term, "Performance Bond", then Contractor shall provide to the City a performance bond by a surety and in a form satisfactory to the City Attorney in an amount indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 9, Exhibit A. WPC F:WOMe.ENG/NEElNJ/LLG\43/.92 Page 3 of II Attachment 1 e- [~ ~q 1. Business License Contractor agrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ~ 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Contractor for the purpose of reyiewing the progress of the Defined Services and Schedule therein contained, and to proyide direction and guidance to achieye the objectiyes of this agreement. The City shall permit access to its office facilities, files and records by Contractor throughout the term of the agreement. In addition thereto, City agrees to proyide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Contractor's performance of this agreement. B. Compensation Upon receiPt of a properly prepared billing from Contractor submitted to the City periodically as indicated in Exhibit A. Paragraph 17, but in no event more frequently than monthly. on the day of the period indicated in Exhibit A. Paragraph 17. City shall compensate Contractor for all services rendered by Contrac!or according to the terms and conditions set forth ~ in Exhibit A, Paragraph 10 adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, and shall compensate Contractor for out of pocket expenses as provided in Exhibit A, Paragraph II. All billings submitted by Contractor shall contain sufficient information as to the proprietv of the billing to permit the City to evaluate that the amount due and payable thereunder is proper. and shall specifically contain the City's account number indicated on Exhibit A, Paragraph 17 eCl to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party'S contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all exeCutory provisions hereof. ........ ~l -CIP Page 4 of 1/ Attachment I WPC F.'oHOMf)ENGINEEINlJUG\43J.02 . . . 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. From the nature of the services to be rendered, the Contractor and City agree that it is difficult to fix actual damages which may result from failure on the part of the Contractor to perform any of its obligations herein and the resulting loss to the City. Therefore, both parties agree that the Contractor's liability should be limited to and fixed at the sums stated in this section, as liquidated damages and not as penalty, to be deducted automatically by City from Contractor invoices for the period(s) in which occurred. The decision of the City Transit Coordinator is final with respect to any assessment of liquidated damages. The Transit Coordinator may rely on information supplied by Contractor, by the public or by City staff, as well as by other means in determining assessment of liquidated damages. 6. Financial Interests of Contractor A. Contractor is Designated as an FPPC Filer. If Contractor is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Contractor is deemed to be a "Contractor" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a financial interest other than the compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest WPC F."JIOMe.ENGINEf./NJ/LUM3/.92 Page 5 of II Attachment 1 Z-l~ ql during the term of this Agreement which would constitute a contlict of interest as prohibited by the Fair Political Practices Act. """\ E. Duty to Advise of Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Contractor warrants and represents that neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents ("Contractor Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Contractor further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this Agreement. Contractor promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. ~ Contractor agrees that Contractor Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. . Contractor may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in contlict with Contractor's responsibilities under this Agreement, except with the written permission of City. 7. 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, 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' WPC F.'J/OMN:NG/NEEINJ/LLG>43/ .92 1-1-12.. Page 6 of II Attachment I . . . indemnification of City shall not be limited by any prior or subsequent declaration by the Contractor. 8. Termination of Agreement for Cause If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor 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 Contractor 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 Contractor shall, at the option of the City, become the property of the City, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Contractor's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Contractors' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Contractor shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Contractor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Contractor 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. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Contractor are personal to the City, and Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City, which City may not unreasonably deny. 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and WPC F,V10MUNGINEElMJUG\43J.92 Page 7 of II Attachment J 2..l- q,?t exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall b" subject to private use, copyrights or patent rights by Contractor in the ......... United States or in any other country wiL'lOut the express written consent of City. City shall have unrestricted authority te publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Contractor shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Contractor's work products. Contractor and any of the Contractor'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. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal ........, Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Contractor prepares a report or document, or partiCipates in the preparation of a report or document in performing the Defined Services, Contractor shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. -.. WPC F.WOMf).ENG/NEEJNJ/LW.43/.92 'l{ ~ tlt Page 8 of 11 Allachment J . . . 17. Miscellaneous A. 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. B. Contractor is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Contractor and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Contractor represents that neither Contractor, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or pennitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue 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. WPC F,V10Me-ENG/NEEINI/1.L(M3/ .92 Page 9 of II Allachmenl J 2.1 ~~b' 18. Term of Agreement: A. Base Term - This Agreement shall become effective upon execution, and the term shall be the period from July 1, 1993 through June 30, 1996. """" B. OPtion Term (1) In consideration of the herein Agreement, Contractor hereby grants to City the below option, exercisable in writing at City's sole election. At any time on or before April 1, 1996, City may extend the service provided by Contractor under this Agreement for a period of two years. Compensation related to such an extension shall be determined through negotiations between City and Contractor. (2) It is mutually understood and agreed that all work performed and services provided under the exercised option shall be in strict compliance with all of the requirements of this Agreement as such may be amended from time to time by mutual agreement. (3) It is mutually understood and agreed that City is under no obligation whatsoever to exercise this option. Such option exercise may be by amendment hereto, or by issuance of a new agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized on the date written below their signatures. ........ [end of page. next page is signature page.] ~ WPC P,WOMMNG/NEERIIJ/LLG\43/.92 1- (/ q (;" Page 10 of 11 Attachment 1 . . . Signature Page to Agreement between City of Chula Vista and [Name of Contractor] for IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,19_ CITY OF CHULA VISTA By: Tim Nader, Mayor Attest: Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, City Attorney Dated: NAME OF CONTRACTOR By: Name of person, title By: Name of person, title Exhibit List to Agreement ( X ) Exhibit A. WPC F.'J/OMru:NG/NEE/NJ/LW\43/.92 tl- Ci1 Page 11 of 11 Attachmentl Exhibit A to Agreement between City of Chula Vista and ........" 1. Effective Date of Agreement: July I, 1993 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a ( ) Other: form] , a [insert business 3. Place of Business for City: ........" City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Contractor: 5. Business Form of Contractor: ( ) Sole Proprietorship ( ) Partnership ( ) Corporation 6. Place of Business, Telephone and Fax Number of Contractor: [Address] [City], California 9 Voice Phone (619) Fax Phone (619) ........" WPC F.V10ME!.ENGINEEINJ/UfN3/.92 'LI - qg Page A-l of 8 Exhibit A . . . 7. General Duties: Contractor's responsibilities shall include but not be limited to; 1. Meeting all operations equipment and maintenance requirements contained in this RFP, and in compliance with the ADA. 2. Providing all personnel having management, operations. and maintenance expertise necessary to operate the system and maintain CVT buses and related equipment. 3. Fare collection, accounting, and reporting. 4. Personnel administration. 5. Assisting City in marketing. 6. Scheduling and dispatching vehicles. 7. Data collection and reporting. 8. Scope of Work and Schedule: A. Detailed Statement of Work: See Attachment I to Exhibit A. B. Date for Commencement of Contractor Services: (X) ( ) Same as Effective Date of Agreement Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Deliverable No.2: Deliverable No.3: D. Date for completion of all Contractor services: June 30, 1996 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $10,000,000. (X) Performance Bond, $400,000 (X) Fidelity Bond, $50,000 WPC F.V10MMNG/NEElM/UG\43/.92 2-1- ctq Page A-2 of 8 Exhibit A 10. Compensation: A. ( ) Single Fixed Fee Arrangement. ~ For performance of all of the Defined Services by Contractor as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the DeJiverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee B. (X) Mileage Rate Arrangement City shall pay Contractor for 1,125,000 annual vehicle service operating miles at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) .-., () Not-to-Exceed Limitation Annual Vehicle Service Hours Contractor will perform all of the HandYtrans operations based on the annual vehicle service hours in the Rate Schedule Table shown below. (2) (X) Limitation without Further Authorization on Time and Materials Arrangement At such time as Contractor shall have incurred time and materials equal to (" Authorization Limit"), Contractor shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Contractor from providing additional Services at Contractor's own cost and expense. Rate Schedule FY 1993-94 1,125,000 $ $ FY 1994-95 1,125,000 $ $ ~ FY 1995-96 1,125.000 $ $ Page A-3 of 8 WPC F,WOMlMNGINEE/rIIJIUC..431.92 e..ll~() Exhibit A e e e 11. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Contractor in the performance of services herein required, City shall pay Contractor at the rates or amounts set forth below: ( ) None, the compensation includes all costs. Cost or Rate ( ) Reports, not to exceed $ ( ) Copies, not to exceed $ ( ) Travel, not to exceed $__. ( ) Printing, not to exceed $ ( ) Postage, not to exceed $ ( ) Delivery, not to exceed $ ( ) Long Distance Telephone Charges, not to exceed $ (X) Other Actual Identifiable Direct Costs: (See attachment) A. SpeciaVCharter Services Fiscal Year City Event Rate Non-Profit Private Entity Rate Per Hour Organization Event Per Hour Rate Per Hour FY 1993-94 $ $ $ FY 1994-95 $ $ $ FY 1995.96 $ $ $ B. "Tripper" Services: Rate per mile applicable to Fiscal Year Rate. C. Costs not included in Agreement: Reimbursement to Contractor under the following conditions: 1) Prior authorization by the Transit Coordinator. 2) Proper invoice must be submitted to City. WPC F.'>HOMINiNG/NEER\B/UG\43/.92 Page A-4 of 8 Exhibit A rt-LQl 12. Contract Administrators: City: -. Bill Gustafson, Transit Coordinator 707 F Street Chula Vista, CA 91910 (619) 691-5260 Contractor: 13. Liquidated Damages From the nature of the services to be provided, the Contractor and City agree that it is extremely difficult to fix actual damages which may result from failure on the part of the Contractor to perform any of its obligations herein and the resulting loss to City. Therefore, both parties agree that the Contractor liability should be limited to and fixed at the sums stated in this Section of the Agreement, as liquidated damages and not as penalty, to be deducted automatically by City from Contractor invoices for the period(s) in which occurred. The decision of the Transit Coordinator is final with respect to any assessment of liquidated damages. The Transit Coordinator may rely on information """ supplied by Contractor, by the public or by staff, as well as by other means in determining assessment of liquidated damages. A. Liquidated damages will be assessed at the rate of one thousand dollars ($1,000) per occurrence for failure to achieve a satisfactory rating in any category of the annual California Highway Patrol Safety Compliance report (CHP 343). B. Liquidated damages may be assessed at the rate of one hundred dollars ($100) per occurrence for each unauthorized failure to operate transit routes as approved by City. C. Liquidated damages may be assessed at the rate of one hundred dollars ($100) per day for each day Contractor fails to employ and assign to the services covered by this agreement a Location Manager, Operation Supervisor, Road Supervisor, or Maintenance Supervisor approved by the Transit Coordinator. In the event Contractor's location operations supervisor, manager or maintenance supervisor terminates his or her employment with less than two (2) weeks notice, liquidated damages will not be assessed until the fifteenth (15th) day following the notice of termination. D. Liquidated damages may be assessed at the rate of fifty dollars ($50) per day for each incident of failure to comply with the following requirements and driver specifications herein: ~ ILJ - rOL Page A-5 of 8 Exhibit A WPC F,WOMNiNGINEE/NJILJ.0.431.92 . . . (1) (2) (3) (4) (5) (6) (7) (8) Failure to clean vehicle interiors daily. Failure to clean vehicle exterior three times weekly. Failure to provide 8-hour National Safety Council Defensive Driving Course or equivalent for each driver before that driver operates any vehicle in revenue service. Failure of driver to wear presentable uniforms while on duty. Failure to have a new driver undergo a one-hour orientation to CVT system policies, procedures, and performance standards prior to being assigned to a CVT route. Failure to provide a minimum of 8 hours of driver instruction/route familiarization to each driver before that driver operates vehicle in revenue service. Failure to repair vehicle body damage (interior or exterior) within 21 days of the occurrence. Failure to perform any required preventative maintenance procedures within :t500 miles of the scheduled maintenance. E. Liquidated damages may be assessed at the rate of fifty dollars ($50) per incident of a vehicle in revenue service leaving a schedule time point prior to the schedule departure time. F. Liquidated damages may be assessed at the rate of fifty dollars ($50) per day for each incident of failure to submit to City any of the following reports: (1) (2) Driver Daily RecordslDefect Sheets, daily by 9:30 a.m. of the next working day. Computation and Reconciliation of fares collected for the week, by 2:00 p.m. of the following Monday or first working day. SANDAG Form B-lO Items 15, 16, 17, 20, 21, and 22, by October 20, January 20, April 20, and July 20. Fuel Cost and Fuel Consumption, by the 5th of each month. Road Call Reports, by 5th of the following month. California Highway Patrol Safety Inspection Reports, three days after receipt of report by Contractor. Accident Reports, within three days after occurrence. (3) (4) (5) (6) (7) G. Failure of City to assert any right which it has under this contract, or to assess any liquidated damage as provided herein, shall not act as a waiver as to the City right to enforce the provisions of this contract, or assess liquidated damages in the future, except as specified herein. H. The assessment of liquidated damages and/or deductions as provided under this contract shall in no way relieve the Contractor of his obligation to provide sufficient service, buses or drivers, or to meet any of the terms of this contract. Page A-6 of 8 Exhibit A WPC F.V10MN:NGINEElNJIUlNJI.92 [ l ~ LO? 14. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest Code: ,-., (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer ( ) Category No. 1. Investments and sources of income. ( ) Category No.2. Interests in real property. ( ) Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. ( ) Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. ~ ( ) Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. ( ) Category No.7. Business positions. ( ) List "Contractor Associates" interests in real property within 2 radial miles of Project Property, if any: 15. ( ) Contractor is Real Estate Broker and/or Salesman 16. Permitted Subconsultants: "'"'" WPC F.'>HOMNiNG/NEEINJ/1LG>43/.92 l-l - /fO 4- Page A-7 of 8 Exhibit A . . . 17. Bill Processing: A. Contractor's Billing to be submitted for the following period of time: (X) Monthly () Quarterly () Other: B. Day of the Period for submission of Contractor's Billing: () First of the Month (fixed monthly cost) (X) 15th Day of each Month for prior month services () End of the Month (hourly rate cost for service operated) () Other: C. City's Account Number: WPC F,WOMIMNG/NEElNJILLCM3/.02 Page A-8 of 8 Exhibit A 2-l ~ l e>S'" A TT ACHMENT 1 TO EXHmIT A STATEMENT OF WORK ~ A. Scope of Services 1. Contractor shall provide the management, technical, and operating personnel, service, equipment, and maintenance necessary for the operation of CVT services specified in this section including all exhibits. 2. City staff shall be responsible for all policy, administrative and overall management of CVT service including: determining and specifying routes and schedules; conducting service and route planning activities; providing bus stop signs, route maps, service schedules, and marketing; and establishing fare policies. Contractor shall be responsible for CVT operations, fare collection, accounting, data collection and reponing, and insuring the implementation of all policies. 3. Contractor shall provide bus service on CVT routes 701, 702, 703, 704, 705, 706, 707,708,709,711 and 712 as described in Attachment 3. Buses shall be operated on these routes according to the route descriptions and schedules included in Attachment 3 or any subsequent modification. City will supply: buses for this service; radio equipment, including an operatirig frequency; and registering fare boxes. """'" B. System Operation 1. Contractor shall operate the CVT system in compliance with CVT operating policies and all applicable federal, state and local laws, including the Americans with Disabilities Act (ADA). 2. Management of day to day operation of the system and service will be vested in contractor's Location Manager who shall be thoroughly familiar with City's service area, policies, and system operation. The Location Manager will be available to meet with City staff in Chula Vista as deemed necessary by the Transit Coordinator. The Location Manager, or Contractor's management personnel, will be available to attend meetings pertaining to transit matters as deemed necessary by the City. Replacement of the Contractor's Location Manager will require written approval by the City at least 14 days in advance of proposed replacement. 3. In addition to the Location Manager, Contractor shall provide a knowledgeable, and experienced Operations Supervisor and a sufficient number of Road Supervisors to monitor CVT operations during all operating hours. The Operations Supervisor and Road Supervisors shall be responsible for supervising and monitoring all activities of bus operators, including schedule adherence, road ,"""",, WPC F,WOMlM.NGINEE/NIILLfM31 ,92 2-1 ~ lfJ? Page 1 of 10 Attachment 1 to Exhibit A . . e conditions, wheelchair lift operation, fare media collection, and bus operator perfonn:mce, behavior, and observance of system procedures. 4. Road Supervisor duties shall also include: distributing transit infonnation (CVT schedules, system maps, etc.) to various locations in Chula Vista (currently about 8 locations); and posting "service change" notices at affected bus stops are required. 5. The following equipment will be provided by City for CVT operation: a) Buses Rebuilt Miles (10/1192) Cumulative CVT Veh. Seated Miles No. Last 4 Digits of YIN #'s Year Capacity (1011192) Engine Transmission 001 Orion # 1105 1984 39 388,000 23,000 23,000 002 Orion # 1106 1984 39 330,000 12.000 12.000 003 Orion # 1 094 1984 30 342,000 12,000 12,000 004 Orion # 1 096 1984 30 342,000 6,000 6.000 005 Orion # 1 097 1984 30 330,000 78,000 165.000 006 Orion # 1 098 1984 30 332,000 80.000 80.000 007 Orion # 1 099 1984 30 366.000 81,000 81.000 008 Orion #1100 1984 30 336.000 6,000 6.000 009 . Orion #1102 1984 30 293.000 75.000 75,000 010 Orion # 1103 1984 30 342.000 140,,000 140,000 011 Orion #1104 1984 30 366.000 4,000 4,000 012 Goshen #5820 1992 25 Delivered after 1011192 013 Goshen #5822 1992 25 Same as 012 014 Orion #1377 1986 39 288,000 4,500 45,000 015 Orion #1378 1986 39 303,000 60,000 60.000 016 Orion #2524 1990 39 123.000 017 Chance Trolley #7460 1989 18 51,000 . 018 Chance Trolley #7461 1989 18 50,000 019 Chance Trolley #7462 1989 18 47,000 020 Chance Trolley #7463 1989 18 49,000 021 Orion #2525 1990 39 114,000 022 Orion #2526 1990 39 117,000 WPC F,V10MEJiNG/NEF./NJ/LU:NJ/.92 Page 2 of IO Attachment I to Exhibit A t t~ \,01 023 Orion #2809 1991 30 70,000 024 Orion #281 0 1991 39 81,000 025 Orion #2811 1991 39 81.000 026 Orion #2812 1991 39 82,000 027 Orion #2813 . 1991 39 76,000 028 Orion #2814 1991 39 75,000 029 Orion #2815 1991 39 78,000 030 Goshen #5823 1992 25 Same as 012 031 Goshen #5824 1992 25 Same as 012 b) Engines (I) (2) (3) (3) Goshens: Orions (IlOO1-""11, ""14, ""15): Orions (""16, ""21-11(29): Trolleys: c) Transmissions (I) (2) (3) (4) Goshens: Orions (IlOO1-""11, ""14, ""15): Orions (""16, ""21-11(29): Trolleys: Cummins 6BT5.9 Detroit Diesel 6V92T AC Detroit 6V92T A Caterpillar Diesel, 3208-175 Allison AT-545 Allison 747 V oith D863 Allison AT-545 d) All CVT buses are wheelchair accessible, The wheelchair lift on 13 Orion buses is manufactured by Environmental Equipment Corp.; the lift on 10 Orion buses is manfactured by LiftU; the lift on the 4 Goshens is manufactured by Braun; the lift on the 4 Trolleys is manufactured by Mobil Tech. e) Radio Equipment CVT Buses #001-031 h Motorola Spectra UHF A5 Mobile Units, Model DA5KM wi handset. f) Fare Boxes All buses: GF! Cents-a-BiIl Electronic fareboxes g) Miscellaneous equipment on each bus: 3 triangular reflectors, passenger counter, transfer cutter, first-aid kit, fire extinguisher, and schedule rack, 6, There will be no scheduled CVT service on the days the City of Chula Vista observes the following holidays: Labor Day, Thanksgiving Day, Christmas Day, WPC FNlOMe.ENG/NEElM/UG\43/.92 Page 3 of 10 Attachment 1 to Exhibit A 2--1 -/OJ ~ ......... """'" . . . New Year's Day, Memorial Day, and July 4, except for Route 708 which has its own opc:ating days. 7. Driver Hiring a) Contractor shall recruit and hire a sufficient number of drivers assigned exclusively to CVT service. Contractor shall have a sufficient number of backup drivers readily available for any and all contingencies such as absenteeism, illness, and other personnel emergencies without a disruption of CVT service. b) As a condition of employment under the agreement, all personnel assigned to CVT service must pass tests for drug and alcohol use. Drug and alcohol screening shall be conducted prior to employment in CVT service, and at a minimum, at two (2) year intervals in conjunction with a physical exam for Class B license renewal. Screening at more frequent intervals may be conducted by Contractor as permitted by law. c) The City requires Contractor to have all employees fmgerprinted and City will conduct a criminal history check on all personnel assigned to CVT service. The results of the criminal history check will be confidential information and City will not release this information to Contractor. However, information obtained on the criminal record of an individual assigned to CVT service may warrant CVT requesting Contractor to remove individual from CVT service. City will pay the cost of fingerprinting. 8. Driver Training and Procedures. Contractor shall provide such periodic driver trammg, orientation, and road supervision as is appropriate to fully familiarize all drivers assigned to CVT service with operating schedules, routes, transfer policy, and performance standards--including courtesy, safety, and schedule adherence of the CVT system. Training and orientation by contractor shall include no less than the following: a) DRIVER TRAINER I) Must have a State of California or Department of Motor Vehicles approval to certify Class B driver's licenses with a passenger, air brakes, and automatic transmission endorsements. 2) Must have at least one year experience as an instructor. 3) Must be a National Safety Council Defensive Driving Instructor or equivalent. WPC F..WOMIMNGINEElMILW0431.91 2J- toq Page 4 of 10 Attachment 1 to Exhibil A b. NEW DRIVERS ......... 1) Must receive and pass the eight-hour minimum National Safety Council Defensive Driving Course or equivalent. This includes practical applications. 2) Must receive at least 20 hours of driving instruction (including both group and individual instruction) on CVT routes. At least one hour of actual driving for each route will be included. 3) At least four hours of classroom instruction regarding transfer policies, bus check-out procedures, accident report writing, vehicle code, and schedules, routes, and fares of the CVT system will be included. 4) At least eight hours of the training program shall be devoted to the operation of lift equipment and courteous treatment of handicapped individuals. The lift training shall include instruction on the operation of lifts and tiedowns, experience boarding and alighting individuals in wheelchairs under various conditions and empathy training to help new operators gain insight into the special needs and specific obstacles handicapped individuals may encounter using public transportation. ........ 5) Two hours' orientation to CVT system policies, procedures, and driver performance standards to be given to each driver by the City Transit Coordinator or his designated representative following completion of the four-hour classroom instruction by Contractor. 6) The City Transit Coordinator or his representative shall make the final detennination as to the qualifications of prospective CVT drivers based on the satisfactory completion of the aforementioned training and orientation. Contractor shall provide City with a list of drivers who have completed the specified driver training program and shall update this list as necessary. 9. Driver Procedures Contractor shall require all drivers assigned to CVT service to adhere to the following CVT procedures: a) All buses shall be driven in a safe manner. Care should be exercised to ensure that passengers are safely seated or have safely deboarded before starting the bus. ......... WPC F.WOMlMNG/NEEINJ/ll.fN3/.92 1--1-//6 Page 5 of 10 Atlachmen/ 1 to Exhibit A . . . b) Adherence to schedule and routing is mandatory except for unforeseen circumstances beyond the control of contractor and his employees. (For example, road closures, breakdowns, etc.) c) Drivers shall be courteous to all passengers. d) Drivers shall carefully complete the CVT driver's daily record and Bus Defect Sheet as well as take accurate regular daily (and specially requested) passenger counts. e) Drivers shall wear uniforms which are similar in nature while on duty. CVT patches will be affixed to the right sleeves of jackets and/or shirts. f) Drivers shall not smoke or eat on the bus at any time and shall enforce same policy for passengers as well. g) Drivers must provide transfer slips to passengers 10 conformance with CVT transfer policy upon request of passenger. h) Drivers shall not play am/fm radios on the bus at any time. i) Drivers must ensure that proper and exact fares are placed in the fare box by passengers. If any problems arise the drivers may accept the fare and inform the passenger to contact the CVT office. Under no circumstances will a driver handle any cash from passengers. j) Drivers must notify Contractor's Location Manager or dispatcher immediately if the vehicle is unable to continue operation. This information will also be immediately relayed to San Diego Transit Information and to City Transit Office by the Contractor Site. k) Drivers will report to the dispatchers any unusual occurrences observed on the road and any vandalism or damage to City property. I) All extra board drivers shall undergo driver training specified in this section before being assigned to Chula Vista Transit. m) Drivers are responsible for properly securing and locking the gate to the City Yard at "F" Street and Woodlawn Avenue. This gate must be secured by drivers after 4:30 p.m. Monday through Friday, all day on weekends, and at any other time directed by the Transit Coordinator or his representative. n) Drivers shall park vehicles in the City of Chula Vista yard in specific locations designated by the Transit Coordinator or his designated representative. WPC F.''J/OMMNGINEE/Nl/LLG\43/.92 Page 6 of 10 Attachment 1 to Exhibit A tl- III 0) Drivers will not allow any articles longer than 5 feet to be carried on the b'lS by passengers. """\ p) Prior to start of shift, drivers will conduct a "walk around" inspection of their vehicle, test and operate the wheelchair lift, and fiH out a "B us Condition Report." If the driver is uncertain about the safety condition of the vehicle, the vehicle must be inspected by maintenance personnel to determine if it is safe to operate. q) Drivers will be responsible for maintaining cleanliness of buses while on duty. r) Driver will not leave bus unattended with front door open as to allow passengers to board without having paid the correct fare. 10. The procedures in Section 9 shall not preclude the Contractor from enforcing its own policies and procedures which are not contrary to the above provisions. II. Driver failure to foHow the procedures in Section 9 shall be cause for Contractor to honor City Transit Coordinator's request for driver's dismissal from CVT service after appropriate written and/or verbal warnings have been given to Contractor by the City Transit Coordinator or his designated representative. Prior to Contractor reassigning driver previously dismissed from CVT service back to CVT service, notice shaH be given to the Transit Coordinator who will make a decision on whether or not this driver reassignment is acceptable to City. ""'" 12. Contractor shall provide a daily Vehicle Status Report to the Transit Office by 9:30 a.m. each weekday. The Report will list the names of drivers and their shift times, the bus number of those buses in-service and to which routes they are assigned, and the condition of each bus and wheelchair lift 13. Contractor shall maintain a Lost and Found Service for articles inadvertently left by passengers on buses. 14. While in a CVT Uniform, Contractor employees will not purchase, consume, or be under the influence of any intoxicant, narcotic, or harmful drug. 15. Contractor employees may use CVT vehicles only in connection with their assigned duties and only within the CVT service area unless otherwise authorized by the Transit Coordinator or his representative. 16. Contractor and its employees shall observe all rules and regulations published by the Director of Public Works Operations pertaining to the use of the City Yard especially those that apply to yard cleanliness, vehicle parking, fueling, prohibition of private vehicles from entering the yard unless authorized, handling of toxic materials and spills and yard gate security. """\ WPC F.'JIOMFNiNGINEElNJILL!J'431.92 1..1 r IIZ Page 7 of 10 Allachment 1 to Exhibit A . . . 17. In the event of an accident involving a CVT vehicle resulting in an injury or fatality, Contractor shall immediately notify the Transit Coordinator or his representative by phone (day or night) and a copy of the accident report forwarded to the Transit office no later than the next working day. C. Maintenance and Repairs 1. Contractor accepts full responsibility for maintenance and repair of all CVT buses, interior and exterior, including body and paint work, wheelchair lifts, registering fareboxes, communication equipment and to keep bus units including all installed equipment on buses in a safe and good operating condition. Paint and body work on each bus shall be completed within seven (7) weeks of occurrence; the Transit Coordinator may extend this time period to three (3) weeks in order to minimize impact on CVT service requirements. 2. Contractor will be responsible for thoroughly washing all buses used in this operation at least three times each week. In addition, the interior of each bus used in CVT service shall be thoroughly cleaned daily in accordance with Bus Cleaning Check List, Attachment 6. 3. Contractor will institute and maintain a formalized preventive maintenance program for all buses in conformance with manufacturer's preventive maintenance schedule in Attachment 2 and shall conform with the PMI schedule for oil change in Attachment 7. Contractor shall conduct a transmission and engine oil analysis every 6,000 miles and report results to the Transit Coordinator. The Chula Vista's Fleet Manager is the Transit Coordinator's designated representative to monitor and oversee contractor's maintenance and repair activities on owned buses. Contractor shall document any and all preventive maintenance work or repairs performed on CVT buses. and submit this documentation to Transit staff no later than 72 hours after completion of work. 4. Contractor shall provide a road call service vehicle for mechanics in order to insure timely response to road calls. 5. Quality and regular maintenance of buses is essential and is required for efficient, reliable transit operation. Contractor shall report budget line items 501.02--Maintenance salaries and wages, and 504.03/504.04-- Materials and supplies, as maintenance categories within the budget. These line items shall be reported to City staff on a monthly basis. Deferred maintenance and/or shifting of funds from one line item to another within the budget are prohibited. The maintenance budget will be reviewed monthly by City staff and contractor. Changes to the maintenance budget or maintenance program may be made only upon written approval by the Transit Coordinator. 6. At the end of each fiscal year, City staff and Contractor will review maintenance and repair expenditures. If Contractor's expenditures for the year are less than WPC F,WOMNNG/NEEJNj/U1N3/ ,92 Page 8 0110 Attachment] to Exhibit A Z-l~ll? budgeted amounts, then Contractor will reimburse City the difference between budgetec maintenance and repair costs and actual expenditures. ~ 7. Contractor shall comply with all City, state and federal policies, procedures and laws and requirements regarding toxic waste disposal, fuel spills, City maintenance yard security, parking of vehicles and use of City vehicles. D. Data Collection and Reponing I. Contractor shall collect all data on operation of CVT. Contractor shall maintain a daily office log of vehicle breakdowns, road calls, missed trips (including cause), complaints and compliments received. Customer service calls shall be logged in the daily office log. Daily office log shall be made available to City staff upon request. 2. The combination Driver Daily Records (DDR's)/Bus Defect Sheet, Attachment 5, will be used by each shift of bus operators, a copy of which is to be submitted to the Transit Office on a daily basis. The DDR is the source document for use in determining the total miles, farebox revenue, number of passengers and passenger categories. Missed miles and missed trips will be determined from the DDR's by comparing actual daily miles entered into the DDR's against predetermined daily total miles for each route. 3. Contractor shall prepare and submit to City staff a Quanerly Maintenance Repon which will include, but not be limited to, the following: a summary of all maintenance work performed including preventive maintenance work, body and paint work, and major repair work, the cost of maintenance such as oil, pans, fuel, labor, all repairs; a status of each vehicle's condition; and highlights of problems and suggested solutions. --., 4. In addition, contractor will fulfill the following minimum' written reponing requirements to City staff: REPORT FREQUENCY a. Driver daily records Daily, by 9:30 a.m. of the next working day b. Computation and reconciliation of fares collected Weekly c. SANDAG form B.IO. items 15. 16. 17,20.21 and Quarterly 22 d. Fuel costs and individual bus fuel consumption Monthly e. Road call reports Monthly f. California Highway Patrol periodic safety Forwarded to Cjty within 3 days after receipt inspection of repon g. Accident reports Each occurrence ~ WPC F,WOMlMNGINEERlBILU:N31.92 2.l~ I [f- Page 9 of 10 Artachment1 to Exhibit A . . . 5. Contractor shall make available to City such reports free of charge as may be requestcc by the City Transit Coordinator, MTDB. or SANDAG, unless such reports are of such complex and time-consuming nature in which case City will reimburse bus company the reasonable cost of preparation of such reports. .- .' WPC P,WOMNNG/NEEINJ/UGW3/.92 l-\~ tlrJ Page 10 of 10 AI/aehmen/l to Exhibit A .-, ATTACHMENT 2 ORION PREVENT A TIVE MAINTENANCE SUPPLEMENT For Transit and Suburban Coach Models -" """\ WPC F.WOMe.ENG/NEEINI/LifM3/ .92 1-1 ~ 0(, Page J of 24 At/achment 2 . . . TABLE OF CONTENTS ITEM DESCRIPTION 1 Introduction 2 Manufacturer's Lubrication, Maintenance Procedures and Reference Book List 3 Daily Check List 4 3,000 Mile (5,000 KM) Inspection "A" 5 6,000 Mile (10,000 KM) Inspection "B" 6 24,000 Mile (40,00 KM) Inspection "C" 7 48,000 Mile (80,000 KM) Inspection "D" WPC F.'J/OMTN:NG/NEEIM//liN3/.92 Ll-\ 11 Page 2 of 24 A/lachment 2 INTRODUCTION .-, The following Preventative Maintenance schedules have been designed to cover the operating features and special equipment of the ORION bus. These schedules will also comply with other transit equipment in your fleet, allowing for no interruption of the normal maintenance routine. There are four phases of inspections that are performed as the mileage and age of the vehicle increases. This manual only points out which components or areas are to be serviced or lubricated. For specific disassembly and servicing instructions, see the appropriate section of the ORION Service Manual. INSPECTION "A" Safety Service Check - every 3,000 miles (5,000 km). INSPECTION "B" Intermediate Inspection - every 6,000 miles (20,000 km) INSPECTION "C" Major Inspection - including the power train every 24,000 miles (40,000 km). INSPECTION "D" Clinical Inspection - every 48,000 miles (80,000 km). Each major system is thoroughly checked and serviced. START UP INSPECTION Although ORIONS are put through a stringent pre-delivery inspection at the factory; upon delivery many operators conduct their own inspection before the buses are placed .-, into service. When this is done inspection "A" can be used as a guideline. Although the maintenance schedule applies specifically to the Orion buses, the same schedule should be followed on the four Chance Trolley buses and four Goshen Coaches. .-, WPC F/<J/OMe-.ENGINEElNJIUfM3/ .92 2..1-/ I J Page 3 0[24 Attachment 2 . . . MANUFACTURERS LUBRICATION, MAINTENANCE PROCEDURE AND REFERENCE BOOK LIST TRANSIT BUS AND SUBURBAN COACHES The lubrication intervals are based on normal operating conditions. Under adverse conditions, increased servicing is required. Lubricants in the transmission and differential are supplied as factory fill, new vehicles should be drained and refilled at 1,000 miles (1,600 km), in no case over 3,000 miles of initial operation. Since the ORION is assembled with many components of different manufacturers, it is recommended that we refer to individual manufacturer's manuals for their maintenance procedures and lubricants. The chart below indicates where the information will be found. Front Axle Rockwell Field Maintenance Manual No. I, No.2. Brakes Rockwell Field Maintenance Manual No.4, 4A. Rear Axle Rockwell Field Maintenance Manual No. I, No.5. Differential Rockwell Field Maintenance Manual No. 16. Transmission Detroit Diesel Allison Transmission Service Manual. Engine Detroit Diesel Allison Engine Manual. Refer to Detroit Diesel Allison Engine Service Manual for engine lubrication and filter change intervals. Only after an oil analysis is performed can time of lubrication intervals be increased. WPC F,WOMNNGINEElNJIUCN31.92 Page 4 of 24 A tlachmenl 2 2.1;'VQ DAILY CHECK LIST ........, DESCRIPTION METHOD Engine Check engine oil level. Check coolant system level. Check air conditioning freon level - receiver tame Transmission Check transmission fluid level. Hydraulic Fluid Check hydraulic fluid level (see sight level). Front and Rear Wheel Bearing Check visually for leakage. Oil and Grease Level Wheelchair Lift (Option) Operate through all modes. Interior and Exterior Lighting Check operation of all lighting. Windshield Wipers and Washer Check operation of wipers and check washer fluid level in tank. Pullcord or Touch Tape Chime Check operation. Operation Entrance and Exit Doors Check operation. Air System Check air system operation. Check for satisfactory braking of bus. ......... """ , WPC F.<IJIOME\ENGINEEINJIUJ:lI431.92 2-1 '-U-D PageS 0[24 Allachmenf 2 . . . INSPECTION" A" EVERY 3,000 MILES (5,000 km) or one month WPC FWOMru:NGINEE/NJ/UCN3/.92 Page 6 of 24 Allachment 2 V -l1-\ MAINTENANCE INSPECTION" A" - 3.000 MILES .-" 1. Driver's side switch panel and front instrument panel - operator's compartment. a) Check all gauges for correct operation of system. b) Check all warning and indicator lights. c) Check operation of warning buzzer. d) Check all switches. 2. Driver's Seat and Seat Belt. a) Inspect seat coverings for wear. b) Check seat operation and adjustments. c) Check seat base for secure mounting. d) Check seat belt operation and adjustment. 3. Windshield Wipers and Washer - Check for: a) b) c) Proper operation. Worn blades and arms. Worn linkage. .-" 4. Rear Door Interlock. a) Check door interlock with rear door authorized....air brakes should be applied with 30-40 psi air pressure. b) Check door interlock with control lever in the door closed position ....air brakes should be fully released. 5. Check air compressor governor cut in and cut out pressure. Cut in 90 psi, cutout 115 psi. 6. Check and adjust brakes - (if not equipped with automatic slack adjusters). Check if air loss is at acceptable level when brake application is made using dash mounted air pressure gauges, no more than 5-8 psi loss per application. 7. Check operation of slack adjusters, cams and brake charnbers 8. Check for brake system air leaks. ......... WPC F.WOMe.ENG/NEEKIB/LUN3/.92 2J-/J-,z Page 7 of 24 Allachmenl 2 . . . 9. Air tanks. a) b) c) d) Check air tanks for secure mounting. Check drain cocks for proper operation and air leaks. Drain air tanks and check for oil and water discharge. Check operation of AD-2 Dryer discharge. 10. Parking Brake-Air Operated. a) Check for correct operation. Hoses and Lines. a) Check all hoses and lines for leakage, deterioration and tightness. 12. Advertisement Signs. a) Check for secure mountings. 13. Windows and Mirrors a) b) c) d) e) Check all windows for cracks and broken glass. Check all mirrors for cracks, fogging and loose hardware. Check windshield for cracks, stone chips. Check all windows and latches for correct operation. Note any indication of water leaks. 14. Overhead Handrails and Stanchions. a) Check all handrails and stanchions for secure mounting sharp edges, cracks and peeling. 15. Seats a) Check all seating for wear, rips, slashes. b) Check seat frames for secure mounting, breaks, cracks or corrosion. 16. Fire Extinguisher a) Check indicator for pressure loss. 17. Check step wells and floor coverings for damage. 18. Check decals (Watch Your Step), etc. WPC F.V10ME:-.ENGlNEE/NJILW>43/.92 Pagt 8 of24 Attachmtnt 2 ~\~ 19:-~ 19. Driver's Curtain and Destination Sign. a) Check Operation -... 20. Tires a) Check for correct inflation pressure and adjust if required. See tire manufacturer specs. for correct inflation pressure. b) Tread depth - no less than 3/32" on all tire. c) Check for indication of abnormal tire wear. 21. Access Doors - Operation a) Check operation of doors (opening, closing, sensitive edge). b) Check operating linkage for proper adjustment...tighten jam nuts and secure mountings. c) Check front and rear door air system for leaks. d) Check door wiring for tight connections and secure cables. e) Check all compartment doors for secure latches and hinges. 22. Front Axle and Suspension a) Check radius and lateral rod mounting bolts and tie rod and clamp bolts for correct torque specifications. -.., Adjustable radius rod bolts 1 "-14 x 5 Or 5 485-500 ft. Ibs. Fixed radius rod boilS 1"-14x50r5 485-500 ft. Ibs. Lateral stay rod boilS 1"-14 x 5 Or 5 485-500 ft.lbs. Lateral stay rod boilS 3/4"-10 x 1-3/4" Or 8 285 ft. Ibs.. Tie rod end clamp boilS 5/8".11 x 3 Or 5 35 ft. Ibs. Adjustable radius rod clamp bolts 518"-18 x 2-1/2 Or 5 45 ft. Ibs. b) Lubricate the following: King Pin bushings - 2 zerk fittings. Tie rod ends - 2 zerk fittings. Drag link ends - 4 zerk fittings. """" Wl'C F!>JIOMElENGINEEINJ/UG\43/.92 f-+-1:2...4 Page 9 of 24 Atta<:hmefl12 . . . 22. REAR AXLE AND SUSPENSION a) Check radius and lateral rod mounting bolts of correct torque specifications. BOLT WET TORQUE SPEC. Fixed radius rod boll 1"-14 x 5 Gr 5 485-500 ft. Ibs. Fixed radius rod boll 3/4" 10 x 1-3/4 Gr 8 285 ft. Ibs. Lateral stay rod bolt 1"-14 x 5 Gr 5 485.500 ft. Ibs. b) Check all torque rods for loose or worn bushings. c) Check axle mounting bolts. 23. Shock Absorbers a) Check for indication of loose mountings. b) Check for fluid leaks. 24. Differential a) Remove drain plug and check level. If level is low, check and repair any leaks that are found before filling. Check for correct operation of vent. b) 25. Drive Shaft a) b) c) d) 26. Engine a) Check universal joints for wear of the yoke, flange, slip yoke, journal or needle bearing. Check needle bearing cover cap screws for tightness. Check shaft slip joint for excessive play and ensure that the dust cap is in place and tight. Clean or replace faulty or damaged zerk fittings at lubrication points. Check engine for oil leaks. 27. Check for exhaust system leaks. 28. Check engine for security of air intake hoses. 29. Check and adjust tension of v-belts. 30. Lubricate throttle control, zerk fitting mounted on engine. 31. Lubricate accelerator and brake treadle controls. WPC F.^J/OM/N.NG/NEE/NJ/Li.G'43/.92 Z- k [i-( Page100124 Attachmelll 2 32. Emergency Shutdown a) Check emergency engine shutdown operation. ,-., 33. Lower Mount Alternator - Check filter. 34. Check water hoses and radiator for coolant leaks. 35. Transmission a. Check transmission connections and lines for fluid leaks. 36. Check neutral start switch for correct operation and adjustment. 37. Air Conditioning Condenser - Cleaning a) Spray condenser with warm soapy water or steam. b) Remove all dirt, grease, and lint. c) Straighten any bent coil fins. 38. Air Conditioning Freon Level a) Ensure fluid covers bottom of glass or receiver. 39. Air Conditioning Compressor ,-., a) Check oil level after running. 40. Air Conditioning Connections a) Check for oil, dirt and clean if necessary. 41. Shut off air conditioning fan when out of season. 42. Front and Rear Heater a) Check blower operation. """" WPC F.WOMNiNG/NEEIM/l.l.I:N3/.92 Ll - /~b Page II of 24 Attachment 2 43. Front Heater Core . a) Check for indications of leaks from heater core, hose connections, circulating pump. water shut off valves and connecting water lines. 44. Main Heater. Rear a) Clean or change air return filter for heater and clean any accumulated debris from heater core. b) Check core for water leaks. c) Check heater air intake hose. 45. Circulating Pump a) Check pump motor for operation. 46. Oil Burner - Aux. Heater (Option) a) 47. Battery a) . b) c) d) e) f) g) h) Start up and check operation. this prevents heater electrodes from oxidizing. Clean battery terminals if required. Check battery for cracked case. broken cell tops. missing caps. cracked cell connectors and loose terminals. Check battery hold. down for security. Clean and check terminals and cables for broken insulation and corroded terminals. Coat terminals with corrosion resistant compound. Korode Kure or Permatex. Clean electro lite from battery. Clean compartment drain holes. Check and record specific gravity reading of battery cells. Fill to correct level (use automatic water jug if possible). 48. Check battery slide track for lubrication. a) Swing out tray (transit). b) Slide out tray (coach). 49. Wheelchair Lift (Option) a) Lubricate all fittings. 50. Fare Box Light and Mechanism . a) Check operation of coin drop and handles. Page 12 af 24 Allachmenl 2 WPC F;.HOMEJiNGINEElNJIUG\43J.92 [l- f~1 51. Check all exterior lighting for defective bulbs, securing mounting, broken lens and proper operation. """"'" 52. Interior Lighting a) Check operation and security of lens mounting. b) Replace all defective bulbs or fluorescent lights. ~ """"'" WPC F.4HOMUNG/NEElM/LLG\43/.92 Z.I-/~ Page /3 of 24 Attachment 2 . . . INSPECTION "B" EVERY 6,000 MILES (20,000 km) or four months. IN ADDITION TO THE 3,000 MILE INSPECTION, SERVICE NEW ITEMS ON THE 12,000 MILE INSPECTION BY USING THE ATTACHED GUIDELINES WPC F.V10Me.ENG/NEElNJILUM3/.92 Page 14 0124 A/tachmenl 2 ~l- 1~2P,\ MAINTENANCE -.. INSPECTION "B" - 6,000 MILES 53. Complete items I - 52. 54. Air Compressor a) Check for secure mounting b) Check for oil and water leaks. c) Check for correct build-up time d) Check for excessive noise in drive coupling 55. Air Throttle (air operated) a) Check accelerator pedal for wear. b) Check general throttle operation. 56. Air Intake - Engine a) b) c) Check air intake for secure mounting to blower. Check air intake system for restriction. Check air intake restriction indicator for cracks and operation. ...." 57. Check for fuel leaks and secure mounting of tank and lines. 58. Engine a) Check engine oil pressure with gauge on vehicle. b) Check all seals and gaskets for indications of oil leaks. c) Change engine fuel filters after 10,000 to 15,000 miles of operation. d) Change engine oil and filters. Oil change intervals may vary when oil analysis is performed - see Detroit Diesel Engine recommendations 59. Transmission a) Check shift levers and controls for adjustment. 60. Engine Mounts a) Check engine mounts for indication of movement on loose hardware. 61. Air Spring Assembly a) Check body height and adjust to coach specifications. b) Check air springs for air leaks and secure mountings. """'" WPC F.'J/OMe.ENG/NEEIM/1.LI:N3/.92 Z-I - /30 Page 15 0[24 Attachment 2 . . . 62. Levelling Valve and Lines a) b) Check levelling valve for proper operation and air leaks. Check for loose or broken anchor brackets. 63. Seals and Bearings a) Check front and rear grease seals for leakage. b) Check bearings for wear/looseness. 64. Tie Rods and Drag Link a) Move steering wheel and check drag link for wear. b) Check for broken or damaged dust seals. c) Check pitman and idler arm for distortion or damage. 65. Steering Shaft, Box and Column a) Turn steering wheel and check for rough spots or excessive play. b) Check steering for secure mounting. c) Check steering for oil leaks. d) Check universal joints for wear or excessive play. e) Check steering wheel for cracks or rough edges. 66. Front Wheel Alignment a) Check for uneven tire wear. b) Check toe-in. 67. Evaporator Coil Air Conditioning a) Remove all dirt, grease and lint. 68. Pressure Test a) Install test gauges on compressor suction (S) and discharge fittings. b) Purge lines of air before tightening. c) Start engine, engage air conditioning system and engage high idle feature. d) If proper pressure is not recorded, determine cause and correct. 69. Evaporator Blowers a) Assure proper motor operation by checking for adequate air flow at both right and left outlets. WPC F.<HOMNNGINEElNJ/UG\43/ .92 0- r'~ \ Page 16 0124 Attachment 2 70. Alternator a) Check condition of NC alternator -", 71. Condenser Fan a) Assure proper motor operation by standing near condenser compartment to verify that air flow through coil is adequate and fan is operating properly. 72. Hose and Compressor Seal a) Visually check for oil and dirt accumulation on any surface indicating a refrigerant and/or oil leak. Visible leaks bubbling or oil accumulation indicates a worn out hose or seal. b) Replace defective parts. 73. Compressor Mounting a) Tighten loose mounts, replace cracked or broken mounts and brackets. b) Check drive line components, listen for pulsating rattle or noise. c) Replace worn parts. 74. Engine Idle -", a) Set engine idle rpm with air conditioner operating if equipped; refer to manufacturer's specification. 75. Dehydrator Strainer a) Determine that no temperature difference exists across filter drier. b) If variance is found replace filter. 76. Check conditions and tension of all NC belts. 77. Road test bus. Check operation of all systems and controls. LUBRICATE THE FOLLOWING: 78. Brake slack adjusters. 1 fitting per adjuster. 79. Brake carn shaft. 1 fitting per carn shaft. """ 2-1-/3<. Page 17 of 24 Attachment 2 WPC F.WOMN:NGINEElNJILLt:JW31.92 . . . 80. Brake anchor pins - newer models only. Apply as requin:d (do not overload with grease). 81. Drive shaft V-joints. 82. Drive shaft slip joints. 83. Governor housing. 84. Steering column V-joints. 2 fittings. NOTE: To gain access to lubricate U-joints and slip joint, slide up front cover of steering column pedestal. 85. Steering column slip joint. 86. Speedometer cable. 87. Differential. Ensure oil level is kept up to filler plug - check vent operations. 88. Steering box (mechanical) check oilleve,l. 89. Starter Motor - add oil sparingly through cups with cover wicks on each side of starter. 90. Lubricate radiator shutters and linkage. WPC F..WOMElENGINEElNJ/LLG>/31 ,92 t\--- I '?>~ PageJ8 of 24 Attachmtnl 2 -- INSPECTION "C" EVERY 24,000 MILES (40,000 km) or eight months -... IN ADDITION TO THE 6,000 MILE INSPECTION, SERVICE NEW ITEMS ON THE 24,000 MILE INSPECTION BY USING THE ATTACHED GUIDELINES. ......... WPC F.'J/OMNNG/NEEINJ/ULM3/.92 ~l-131- Pag.190/24 AUachm.nI 2 . . . 9OA. Complete Items 1 - 90. 91. Front Axle Wheel bearings - drain flush refill when brakes are relined or at least once a year. 92. Rear Axle Differential and wheel bearings - drain flush and refill when brakes are relined or at least once a year, 20,000 - 40,000 miles. 93. Transmission Drain transmission fluid, change filter, clean screen and fill with new Dextron 2 oil. 94. Engine Mounts Torque all engine mounts and supports to specifications. Steering Check front axle king pins and ball joints for excessive wear and play. 95. Hydraulic System a) b) c) Change hydraulic oil. Change filter (s). Check and clean system. 96. Air Dryer a) Check for moisture in air brake system. b) Determine whether desiccant is to be replaced in cartridge. c) Check all mounting bolts for tightness. d) Check all electrical and air connections for security. e) Check general operation of air dryer. 97. Front heater Lubricate defroster linkage - all moving parts. WPC F.WOMN:NGlNEEIM/UiN3/.'2 ~ \ -I)) Page 20 of 24 Attachment 2 98. Rear Doors Repack top and bottom. LH and RH bearings. 99. Front Door Lubricate upper hinge - 2 fittings. Repack with grease lower hinge. WPC P,WOME:-.ENGINEEfNJILLG,m.92 Z-L- /36 Page 21 of 24 Atlachmelll 2 """ """ ......., . . . INSPECTION "D" EVERY 48,000 MILES (80,000 km) or 12 months. In addition to the 24,000 mile inspection, service new items on the 48,000 mile inspection using the attached guidelines. WPC F..'J/OMUNGINEEfNJILW\43/.92 2-\ -[7;,1 Page 22 of 24 Attachment 2 Complete items 1 . 99. -". 100. Brake and Air Operated Valves and Switches a) Check valves - check for proper operation and leakage. b) Treadle valves - check operation, mounting and leakage. c) Relay valves - apply brakes and check that air pressure is quickly exhausted from the exhaust port. d) Stop light switch - check electrical connections and leakage. e) Low air pressure switch - check operation of low air warning buzzer and fittings for leakage. f) Pressure regulating valves - check for leakage and correct regulated pressure. If not correct, set to manufacturer's recommendations. g) Door control valve - check for smooth operation, micro-switch adjustment, electrical connections and leakage. h) Entrance door mechanism - check closing and opening speeds. Lubricate bearing, bushing surfaces and clevis pins, adjust as needed. 10 1. Accelerator Interlock Cylinder a) The accelerator interlock disconnects throttle from engine so the r.p.m. cannot exceed idle speed when doors are open or unlocked. When cylinder is not functioning properly, replace with rebuilt or new unit. Check operation of brake interlock and accelerator interlock, cylinders function simultaneously. .-... b) 102. Air Tanks a) Inspect brackets of air tanks for secure mounting. b) Leak test all fittings - one inch bubble per 3 seconds is permissible. 103. Battery a) Remove batteries from the bus or coach, clean off all corrosion, repair if necessary and paint. Wash batteries clean, visually inspect and reinstall. If no defect is found, the batteries are to be given a light load test to determine the condition of the battery cells. 104. Voltage Regulator a) Carry out a voltage regulator check and adjust regulator to specifications. 105. Lubricate alternator mounting saddle. (Leece Neveille, Deleo). """\ WPC F.'J/OMMNG/NEEINJ/U1M3/.92 1.-1- /35]1 Page 23 of 24 Attachment 2 106. Steering Idler Ann - older models - repack with grease. . - newer models - grease fitting. 107. Transmission Shift Speeds - operate bus and observe that transmission shifts at correct speeds. Also check that shifts are not sluggish, hesitant or rough. 108. Engine a) Inspect and torque all engine mounts. High Idle a) Fast idle if equipped, should be set at recommended rpm. 109. Transmission - Engine Linkage Check linkage, control levers, clevis pins and shaft bearing for wear. Replace, repair or lubricate as needed. 110. Differential . a) b) c) d) Check differential for noise. Inspect differential for oil leaks. Check breather. Torque mounting bolts. . WPC F.'>JIOMNNGINEElNUUCN3/.92 lJ --- \ ~q Page 24 of 24 Allachmenl 2 A TT ACHMENT 3 Expense Object Class Definitions ......, 501.00 Labor "Labor" is the pay and allowances due employees in exchange for the labor services they render in behalf of the transit system. It is necessary to distinguish the allowances to be included in "Fringe Benefits". The "Labor" allowances include payments direct to the employee arising from the performance of a piece of work, such as shift differentials, overtime premiums, minimum guarantees, etc. The "Fringe Benefit" allowances include payments direct to the employee, but not arising from the performance of a piece of work. The latter allowances include paid absence for illness, holidays, vacations, jury duty, etc. 501.01 Labor - Operators' Salaries and Wages The labor of employees of the operator who are classified as revenue vehicle operators, dispatchers, driver trainers or supervisors. 501.02 Labor - Maintenance Salaries and Wages ""'" The labor of employees of the operator who are classified as maintenance employees. 501.03 Labor - Manal!ement Salaries and Wal!es The labor employees of the transit system who are classified as management employees including senior management staff, general manager/transit coordinator, accounting, personnel, clerical and director of safety/training. 502.00 Frin I!e Benefits "Fringe Benefits are payments or accruals to others (insurance companies, governments, etc.) on behalf of an employee and payments or accruals direct to an employee arising from something other than his performance of a piece of work. These payments are operator costs cover and above "Labor" costs, but still arising from the employment relationship. """ Page 1 014 Attachment 3 WPc F.V/OMElENGINEElNJI1.LfN3J.92 2-1- /4fO . . . 503.00 504.00 504.01 504.02 504.03 504.04 Services "Service" is labor and other work provided by outside organizations for fees and related expenses. In most instances, service from an outside organization is procured as a substitute for in-house employee labor, except in the case of independent audits which could not be performed by employees in the first place. The substitution is usually made because the skills offered by the outside organization are needed for only a short period of time or are better than internally available skills. The charge for these services is usually based on the labor hours invested in performing the service. Materials and Supplies Consumed "Materials and Supplies are tangible products obtained from outside suppliers or manufactured internally. Freight-in, purchase discounts, cash discounts, sales taxes and excise taxes (except on fuel and lubricants) are to be included in the cost of the material or supply. Charges to these expense accounts will be for the materials and supplies issued from inventory for use and for the materials and supplies purchased for immediate use, i.e., without going through inventory. Fuels The cost of gasoline used in vehicles before taxes are added. Lubricants and Other Fuel Includes all lubricating oil, transmission fluid, and grease for use in vehicles and gasoline for support vehicles. Tires and Tubes Lease payments for tires and tubes rented on a time period or mileage basis. Cost of tires and tubes for replacement of tires and tubes on vehicles. Vehicle Maintenance Parts Cost of vehicle parts directly attributable to maintenance of buses and support vehicles. Page 2 0[4 Allachmenl 3 WPC F,VlOM&NG/NEElNJIUG\43/.92 L \ - \ 4"\ 504.05 Other Materials and Supplies Cost of materials and supplies not specifically identified in object classes 504.01 - 504.04 issued from inventory or purchased for immediate consumption. e.g., cleaning supplies, office forms, etc. -.. 505.00 Utilities "Utilities" are payments made to various utilities for utilization of their resources (e.g., electric, gas, water, telephone, etc). 506.00 Casualty and Liability Costs "Casualty and Liability Costs" include cost elements covering: protection of the operator from loss through insurance programs. compensation of others for their losses due to acts for which the transit system is liable, and recognition of the cost of a miscellaneous category of corporate losses. The costs of repairing damaged property are recorded in labor, fringe benefit, material and services object classes. The costs of writing off property damage beyond repair are -.. recorded in an object class for depreciation. The costs of operator employees engaged in insuring and processing claims for and against the operator are recorded in labor and fringe benefit object classes: 507.00 Taxes "Taxes" are those taxes levied against the operator by Federal, state, and local governments. Sales and excise taxes on materials and services purchased other than fuel and lubricants are not included in this category, but are accounted for as part of the base price of the material or service. 509.00 Miscellaneous Expenses "Miscellaneous Expenses" are those expenses which cannot be attributed to any of the other major expense categories (Le., 501.00 - 507.00 and 509.00 - 514.00). 510.00 Exoense Transfers "Expense Transfers" are accounts to be used for reporting adjustments and ~ reclassifications of expenses previously recorded. WPC F.WOMUNGINEElNJILLG'm.'2 '2-1~ 14Z Page3 of 4 Attachment 3 . . . 511.00 512.00 513.00 514.00 Interest Expense "Interest Expense" are charges for the use of borrowed capital incurred by the operator. Leases and Rentals "Leases and Rentals" are payments for the use of capital assets not owned by the operator. Depreciation and Amortization "Depreciation and Amortization" are charges that reflect the loss in service value of the operator's assets. Management Fee. Profit. Other Specify. Page 4 014 Arrachmenl 3 WPC F,WOME:>.ENGlNEf/NJIUG>.43/.92 [I If) Chula Vista Transit Orlver's Oolly Record ATTACHMENT 5 Route No. Bus No. Day of the w-*: (II .... ". 0.,. Vault No. EndinS MileASc Reading Beginning Mile.ge Re-.lding - - I I $ ToIBI Mil_ I - REDUCED FARES PASS USAGE TRANSFERS MISe. NATURE CENTER CVT 10-Pack Juniors $47 Tickets Juniors Regional Pass Frees SDT $45 Volunleelll E.&.H. Regional Pass NCT TOTAL cvr $21 25c Upgrades Youth Pass Transfer CHARTER TIMES TROLLEY $11 Upgrades Downtowners E, &. H. Pass 932 TOTAL TOTAL TOTAL Driver Notes .- , ToIBI Re""nue I - Ending FaRbox ReadiDIJ - - Beginning Fam,QK Reading DEFECT SHEET <Note: DJ:::"'1OC:T Sm:ET to be filled out day prior 10 6... ~~nt 0" aboue DDR.) AIR SYSTEMS: DGauge Not Working 0 Low Air o Leaks BRAKES: CHASSIS: 0 Under Carria~ Noise 0 Sways/Wanders 0 Rough Ride COCl1ANT: DOORS: 0 Fronl 0 Rear 0 Fasl Slam DESnNAnoN SIGNS: o Fronl D5ide ENGINE: 0 No Power 0 Runs Hot D5mokes EXU:RIOR: o Bumpers DWindlihield OWindows STEERING: EXTl:~lUOR: o Headlights OTail/Stop Lights DTumSigna15 FAREBOX: DJammed o Key Pad DBiII Transferer- HEAT: Oront DRear DPoor Heating . INTERIOR: D Seats/Driver-'s Seal DTum Signals 0 Passenger- Signal LIFT: o Platform o Lower o Barrier Down/Up TIRES: o Cords Worn OSide Damage o Pressure TRANSMISSION: OShifting o Leaks DSliplS WIPERS: o Blades o Washer o Leaks DRA YER REMARKS; DATE DGl'1lIbs/Pull OL~'" DSlow o Other (explain) o Other (explain) o Noisy o Clearance o Bypass o Defroster ODo.h Lights OTlo-Down o Flooring 0 Rail> ORa... 05.ep. ODoe.n"Wori< o Defective 0 Flat Tire OWon'l Co Into Gear o Right Side o Left Side o Soft DHot o Doesn't Work DNoisy ORelarder o Tigh. OL""", o Body Damage (explain) o OK (Mus. Be Checked If There Are No Defects.. Signed) I Driwrs' SipG"'_ Mi::CHANIC'S CoMMENTS . - ._-. ----- ----.--.- M~du",i.c'. SigtUlht,-r l-l-/# 0... . . . Attachment 6 Chula Vista Transit Bus Cleaning Checklist The following Is s checklist of those areas of responslb///ty for dally cleaning on all CVT buses (flXcept bus washing which Is done three times a week). 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. Front Dash Area. Front Overhead Area. Driver's Cockpit. Farebox. Stepwells. Front Door. Handrails. Floor Linoleum. Floor Rubbermat. Floor Corners. Wheelwells / Front. Wheelwells / Rear. Rear Door. Ceiling. Ceiling Vents. Windows / Inside. Back Row of 5 Seats. Kick Panel of Back Row of 5 Seats. Trash on Floor. Damaged Seat Inserts: Replace. Inside Side Panels. Windows / Outside. Graffiti: Inside. Bus Washed (3 times weekly). Attachment 6 ,II' c~" Zklt) A TT ACHMENT 7 PMI SCHEDULE FOR OIL CHANGE PM! PM! Mileaee Type of Chanee Mileaee Type of Chanee ......... 3,000 A 147,000 A 6,000 B Engine 150,000 B Engine 9,000 A 153,000 A 12,000 B Engine 156,000 B Engine 15,000 A 159,000 A 18.000 B Engine 162.000 B Engine 21,000 A 165,000 A 24,000 C Transmission & Engine 168,000 C Transmission 27,000 A 171,000 A 30,000 B Engine 174,000 B Engine 33,000 A 177,000 A 36,000 B Engine 180,000 B Engine 39,000 A 183,000 A 42,000 B Engine 186,000 B Engine 45,000 A 189,000 A 48,000 D Transmission & Engine 192,000 D Transmission & Engine 51,000 A 195,000 A 54,000 B Engine 198,000 B Engine 57,000 A 201,000 A 60.000 B Engine 204,000 B Engine 63,000 A 207,000 A 66,000 A 210,000 B Engine 69,000 A 213,000 A ~ 72,000 C Transmission & Engine 216,000 C Transmission & Engine 75,000 A 219,000 A 78,000 B Engine 222,000 B Engine 81,000 A 225,000 A 84,000 B Engine 228,000 B Engine 87.000 A 231,000 A 90,000 B Engine 234,000 B Engine 93,000 A 237,000 A 96,000 D Transmission & Engine 240,000 D Transmission & Engine 99,000 A 243,000 A 102,000 B Engine 246,000 B Engine 105,000 A 249,000 A 108,000 B Engine 252,000 B Engine 111,000 A 255,000 A 114,000 B Engine 258,000 B Engine 117,000 A 261,000 A 120,000 C Transmission & Engine 264,000 C Transmission & Engine 123,000 A 267,000 A 126,000 B Engine 270,000 B Engine 129,000 A 273,000 A 132,000 B Engine 276,000 B Engine 135,000 A 279,000 A 138,000 B Engine 282,000 B Engine 141,000 A 285,000 A 144,000 D Transmission & Engine 288,000 D Transmission & Engine -; Note: Engine and transmission 011 analysis required every 6,000 miles. f.l ~ '4-G Page J 0/2 WPC F,WOMN:NGINEElNJIUI.N31.92 PMI Schedule for Oil Change PMI PMI Oil Analysis Milea~e TYDe of Chan ~e Milea~e TYDe of Chan~e 291.000 A 435,000 A . 294,000 B Engine 438,000 B Engine 297,000 A 441,000 A 300,000 B Engine 444 ,000 B Engine 303,000 A 447,000 A 306,000 B Engine 450,000 B Engine 309 ,000 A 453,000 A 312,000 C Transmission & Engine 456,000 C Transmission & Engine 315,000 A 459,000 A 318,000 B Engine 462,000 B Engine 321,000 A 465,000 A 324,000 B Engine 468,000 B Engine 327,000 A 471,000 A 330,000 B Engine 474,000 B Engine 333,000 A 477,000 A 336,000 D Transmission & Engine 480,000 D Transmission & Engine 339,000 A 483,000 A 342,000 B Engine 486,000 B Engine 345,000 A 489,000 A 348,000 B Engine 492,000 B Engine 351,000 A 495,000 A 354,000 B Engine 498,000 B Engine 357,000 A 501,000 A 360,000 C Transmission & Engine 504 ,000 C Transmission & Engine 363,000 A 507,000 A . 366,000 B Engine 510,000 B Engine 369,000 A 513,000 A 372,000 B Engine 516,000 B Engine 375,000 A 519,000 A 378,000 B Engine 522,000 B Engine 381.000 A 525,000 A 384,000 D Transmission & Engine 528,000 D Transmission & Engine 387,000 A 531,000 A 390,000 B Engine 534,000 B Engine 393,000 A 537,000 A 396,000 B Engine 540,000 B Engine 399,000 A 543,000 A 402,000 B Engine 546,000 B Engine 405,000 A 549,000 A 408,000 C Transmission & Engine 552,000 C Transmission & Engine 411,000 A 555,000 A 414,000 B Engine 558,000 B Engine 417,000 A 561,000 A 420,000 B Engine . 564,000 B Engine 423,000 A 567,000 A 426,000 B Engine 570,000 B Engine 429,000 A 573,000 A 432,000 D Transmission & Engine 576,000 D Transmission & Engine . Note: Enpne and trUlsmlssloD 011 analysls required every 6,000 miles. Page 2 of2 WPC F,'J/OMNNGlNEElM/LLG\43/.92 'Z-l"-- lf1 PMI Schedule for Oil Change ? ftrTlKlfftlE.A/T:L . . MAYFLOWER CONTRAcr SERVICES Public Transportation Division Client References Agency: Address: Contact Person: Telephone: Type of Service: No. of Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: . Contact Person: Telephone: Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: . Contact Person: Telephone: Revised: 2/23/93 Metro Dade Transit Agency 2775 SW 74th Avenue Miami, FL 33155 Christina Sizemore (305) 263-6251 Fixed Route 45,306 26 35' transit coaches and single-axle, body-on- chassis Responsible for all aspects July 10, 1990 - July 9, 1993 with an option for two I-yr. extensions. City of Corvallis, Oregon 501 S.W. Madison Ave. Corvallis, OR 97333 Roxanne Summers (503) 757-6941 Fixed Route 12,050 6 40' transit coaches Responsible for all aspects January 1, 1990 to December 31,1992. A predecessor company of MCS has been providing this service since 1981. Kansas City Area Transportation Authority 1350 East 17th Street Kansas City, MO 64108 Mo Ahsan (816) 346-0285 Fixed Route 10,250 6 Single-axle, body-on-chassis vehicles Responsible for all aspects May 5,1986 to December 31,1992 with option for four I-year extentions City of Blue Springs, Missouri 903 Main Street Blue Springs, MO 64015 Tom Kaleko (816) 228-0110 MAYFlOWER CONTRPCT SERVICES, INC t- \ 14% B -1- Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Revised: 2/23/93 1J-IM o -2- MAYFlDWER. CONlRI>CT SERVK::E5.INC Fixed Route 3,510 4 35' transit coaches Responsible for all aspects July 31,1992 to June 30, 1993. This service has been provided by MCS since 1983. .-.., City of Excelsior Springs, Missouri 201 East Broadway Excelsior Springs, MO 64024 Molly McGovern (816) 637-8449 Fixed Route 2,040 3 35' transit coaches Responsible for all aspects July 1, 1989 to April 30, 1993. This service has been provided by MCS since 1983. County of San Diego Department of Public Works 9335 Hazard Way - Suite 104 San Diego, CA 92123 Ken Kames (619) 694-3939 -... Fixed Route 22,087 6 30', Single-axle, body-on-chassis vehicles Responsible for all aspects July 1, 1992 to June 30, 1994. MCS has been providing this service since 1989. Para transit Advance Reservation and Immediate Response 11,000 4 Single-axle, body-on-chassis Responsible for all aspects July 1, 1991 - June 30, 1994 with an option for two I-year extensions. MCS has been providing this service since 1990. -... . Agency: Address: Contact Person: Telephone: Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: . Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. of Annual Trips: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: . Revised: 2/23/93 Bi-State Development Agency 707 North First Street St. Louis, MO 63102 Ron Stephens (314) 982-1536 Fixed Route 34,934 13 30', Tandem-axle, body-on-chassis Responsible for all aspects November 7, 1989 to February 15, 1993. ACCESS Transportation System, Inc. 701 Smithfield Street, Suite 301 Pittsburgh, PA 15222 Ervin Roszner (412) 562-5357 Paratransit Advance Reservation and Immediate Response 150,005 65 Sedans, vans, and raised-roof vans Responsible for all aspects January I, 1992 to December 31,1992. A predecessor company of MCS has been providing this service since 1979. Paratransit Immediate Response 39,050 12 Sedans Responsible for all aspects January 1, 1992 to December 31,1992. MCS has a permit through the Public Utilities Commission. A predecessor company of MCS has been providing this service since 1950. Regional Center of the East Bay 2201 Broadway Oaldand, CA 94612-3402 Jan Meyerson (415) 451-7232 Paratransit Subscription 506,000 94 Single-axle, body-on-chassis Responsible for all aspects July 1, 1991 - June 30, 1994. MCS has been operating this service for more than 16 years. MAVFI.DWER CONTRf>CT SERVCE& INC t \ rlJ01.3 -3- ......... Agency: Central Contra Costa Transit Authority Address: 1990 N. California Street Walnut Creek, CA 94595 Contact Person: MallO;?; Nestor Telephone: (510) 76-1976 ~e of Service: Paratransit Advance Reservation o. of Annual Trips: 72,000 No. of Vehicles: 19 ~e of Vehicles: Single-axle, body-on-chassis ehicle Maintenance: Responsible for all aspects Contract Term: July 1, 1990 - June 30, 1993 with an option for 1- yr. extension. Agency: Pomona Valley Transit Authority Address: 2025 Bonita Avenue LaVerne, CA 91750 Contact Person: George Sparks Telephone: (714) 596-7664 Type of Service: Para transit Advance Reservation & Immediate Response No. of Annual Trips: 125,000 No. of Vehicles: 48 ~e of Vehicles: Sedans, single-axle, body-on-chassis """\ ehicle Maintenance: Responsible for all aspects. Contract Term: July 1, 1990 - June 30, 1993 with an option for two I-yr. extensions. Agency: KCI Employee Committee Address: P. O. Box 20042 Kansas City, MO 64195 Contact Person: Rick Danner Telephone: (816) 243-5325 ~e of Service: Fixed Route o. of Annual Service Hours: 10,600 No. of Vehicles: 3 ~e of Vehicles: . 35' transit coaches ehicle Maintenance: Responsible for all aspects Contract Term: March 14, 1990 to March 14, 1993 Agency: City of Pasadena Address: 100 North Garfield, Room 212 Pasadena, CA Contact Person: Terri Slimmer Telephone: (818) 405-4094 Type of Service: Fixed Route and Paratransit Immediate Response -.. Revised: 2/23/93 Z \- Js1 1)-4- MAYFlOWER CONTR.ACT SERVCES INC . . . No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: Revised: 2/23/93 22,000 10 Single-axle, body-on-chassis Resp'onsible for all aspects Apnl28, 1991 - April 27, 1994 with an option for two I-yr. extensions. North County Transit District 311 South Fremont Oceanside, CA 92054 Diane Gohola (619) 967-2850 Paratransit Immediate Response 9,300 4 35' transit coaches Responsible for all aspects June 1, 1991 - May 31,1994 MetroACCESS 2025 Bonita Avenue LaVerne, CA 91750 George Sparks (714) 596-7664 Paratransit Brokerage/Coordination of Comfuter, Dispatcher, and Network Apri I, 1991 - December 31, 1993 Golden Gate Regional Center 120 Howard Street, 3rd Floor San Francisco, CA 94105 David Pettee (415) 546-9222 Para transit Subscription 20,736 12 Single-axle, body-on-chassis Responsible for all aspects July 1, 1991 - June 30, 1993 City of Barstow 220 E. Mountain View St. Barstow, CA 92311 Gary Griffenhagen (619) 256-3531 Fixed Route and Paratransit Immediate Response MAYFUlWER. CONTRPCT SEINCES,INC 'ZJ --I ~ f!; -5- No. of Annual Service Hours: 20,900 ~ No. of Vehicles: 13 '{I;Re of Vehicles: Raised roof vans ehicle Maintenance: Responsible for all aspects Contract Term: June 1, 1991 - May 31,1994 Agency: . SunLine Transit Agency Address: P. O. Box 398 32-505 Harry Oliver Trail Thousand Palms, CA 92276 Contact Person: Dennis Guinaw Telephone: (619) 343-3456 llte of Service: Para transit Immediate Response o. of Annual Service Hours: 26,700 No. of Vehicles: 16 '{lJe of Vehicles: Raised roof vans ehicle Maintenance: Responsible for all aspects Contract Term: August, 1991 - June, 1994 Agency: San Andreas Regional Center Address: 300 Orchard City Drive, Suite 170 Campbell, CA 95008 Contact Person: Ma~ West ""'" Telephone: (408 374-9960 llte of Service: Para transit Subscription o. of Annual Service Hours: 113,715 No. of Vehicles: 61 '{lJe of Vehicles: Raised roof vans and single-axle, body-on-chassis ehicle Maintenance: Responsible for all aspects . Contract Term: July 1, 1991 - June 30, 1994 Type of Service: Facilitated Transportation Demo. Project . Contract Term: July 1, 1992 - June 30, 1994 . Agency: City of Cudahy Address: 5220 Santa Ana Street Contact Person: Cudahy, CA 90201 Nicholas Mull Telephone: (213) 773-5142 Type of Service: Fixed Route and Paratransit Immediate Response No. of Annual Service Hours: 3,934 No. of Vehicles: 5 '{lJe of Vehicles: Single-axle, body-on-chassis ehicle Maintenance: Responsible for all aspects Contract Term: July 1, 1992 - June 30, 1993. Automatic five 1- year renewal. MCS has been providing this -... service since 1991. Revised: 2/23/93 <Ll-IS?:> B -6- MAYFl.OWER. CONTRACT SERVICES, INC . . . Agency: Address: Contact Person: Telephone: Type of Service: No. of Annual Service Hours:' No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. of Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Revised: 2/23/93 City of Beverly Hills 455 N. Rexford Drive Beverly Hills, CA Anton Dahlerbruch (310) 285-2851 Fixed Route and Paratransit Advance Reservation 3,750 8 Raised roof vans Responsible for all aspects July 1, 1991 - June 30, 1993 Agency for Community Transit One Transit Way Granite City, IL 62040-7500 Todd Plesko (618) 797-0660 Fixed Route and Paratransit 28,662 13 Raised roof vans, body-on-chassis and single- axle, Responsible for all aspects August 26, 1991 - August 25, 1994 with option for two I-year extensions Johnson County Transit 1800 West 56 Highway Olathe, KS 66061 Alice Amrein (913) 782-2210 Fixed Route and Para transit 60,180 40 30' - 35' transit coaches, single-axle, body-on- chassis Responsible for all aspects January 1, 1992 - December 31,1993 with option for three I-yr. extenstions. The Board of Chosen Freeholders - Burlington County 49 Rancocan Road Mount Holly, NJ 08060 Don Brauckmann (609) 265-5109 MAVFUlWER CONTRACT SERVK:ES, INC 2-1 -/J4- t', -7- Type of Service: No. Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Type of Service: No. Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle maintenance: Contract Term: Type of Service: No. Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. Annual Service Miles: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Revised: 2/23/93 Paratransit advance reservation 250,000 17 Raised Roof Vans Responsible for ail aspects March 1, 1992 - December 31, 1992 ~ Riverside Transit Authority 1825 Third Street Riverside, California 92507-3484 Shunna Williams (714) 684-0850 Fixed Route 6,250 2 Body-on-chassis Resp'onsible for all aspects Apnl 1, 1992 - January 31,1993 with one I-year extension option. Paratransit 4,818 2 Raised-roof vans Responsible for all aspects October 1, 1992 - September 30, 1993 with two one-year extension option. Paratransit and Fixed Route 50,751 26 Vans and Minibuses Responsible for all aspects February 1, 1993 -,January 31, 1991 with on 1- year extensIOn optIOn. ......... City of San Luis Obispo 990 Palm Street San Luis Obispo, California 93403-8100 Harry Watson (805) 781-7121 Fixed Route 258,000 12 30' and 40' coaches, 2 trolleys Responsible for all aspects July 1, 1992 - June 30, 1995 -.. Z l- oS- B -8- MAYFlOWER. CONTRACT SERVK::ES INC . . . Agency: Address: Contact Person: Telephone: Type of Service: No. Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Agency: Address: Contact Person: Telephone: Type of Service: No. Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Revised: 2/23/93 City of Morro Bay 695 Harbor Street Morro Bay, California 93442-1900 Mike Upton (805) 772-6261 Paratransit, Door-to-door 3,000 4 Raised roof vans Responsible for cleaning July 1, 1992 - June 30, 1997 City of Phoenix 302 No. First Ave., Suite 700 Phoenix,~ 85003 Dick Thomas (602)262-7242 Fixed Route 56,539 22 35' and 45' coaches Responsible for all aspects July 6, 1992 - June 30, 1997 Lassen County 707 Nevada Street Susanville, California 96130 John Shoun (916) 257-8311 Fixed Route 7,000 4 Coaches, Raised-roof vans Responsible for all aspects July 1, 1992 - June 30, 1995 with option for two I-year renewal COMSIS Corporation 2275 Swallow Hill Road Building 500, Suite 3 Pittsburgh, Pennsylvania 15220 Jeanne Williams (412) 279-9110 Paratransit 30,000 12 Tandum axle, body-on-chasis, Raised-roof vans Responsible for all aspects MAVFll1WER CONTR,ocr SERVICES INC 2- \ ~ l~ B -9- Contract Term: October 1, 1992 - September 30,1993 with two 1- ~ year renewal options Agency: Solano Transportation Authority Address: 1961 Walters Court, Suite K Fairfield, CA 94533 Contact Person: John Ponte Telephone: (707) 421-6079 'llte of Service: Fixed Route o. Annual Service Hours: 2,300 No. of Vehicles: 2 ~e of Vehicles: 35' coach ehicle Maintenance: Responsible for cleaning vehicles Contract Term: July 1, 1992 - June 30, 1993 with renewal options. Agency: Community Services Agency Address: 599 A Fairchild Drive Mountain View, CA 94043 Contact Person: Ann House, Claude McCaffery Telephone: (415)968-0836 Type of Service: Paratransit No. Annual Service Hours: 1,040 No. of Vehicles: 2 ~e of Vehicles: Raised roof vans -"""\ ehicle Maintenance: Responsible for all aspects Contract Term: July 27, 1992 to October, 1992 - has been extended. Agency: Far Northern Regional Center Address: 1900 Chum Creek Road, Suite #319 Mailing Address: Redding, CA 96002 P.O. Box 1848 Redding, CA 96099-1848 Contact Person: Bill Brashears Telephone: (916)222-4791 'll!.e of Service: Para transit o. Annual Service Hours: 10,080 No. of Vehicles: 9 ~e of Vehicles: Raised-roof vans ehicle Maintenance: Responsible for all aspects Contract Term: November I, 1992 - June 30,1995 Agency: Honolulu Public Transit Authority Address: 711 Kapiolani Blvd., Suite #275 Honolulu, HI 96813 Contact Person: James L. O'Sullivan Telephone: (808)527-6890 -... Type of Service: Paratransit Revised: 2/23/93 ~1""ls7 J3 -10- MAYRDWER. CONTRACT SERVCE5.INC . . .. No. Annual Service Hours: No. of Vehicles: Type of Vehicles: Vehicle Maintenance: Contract Term: Revised: 2/23/93 240,000 86 Vans Responsible for all aspects September 27,1992 - August 31,1995 and a 5 year option. MAVFUlWER CONTRACT SERVICES.INC ZY" fig B -11- San Diego Bus Drivers Union A.F.L.-C.I.O. Amalgamated Transit Union '~d-l LOCAL DIVISION 1309 TEL 619-563-1309 FAX 619-281-9184 10393 SAN DIEGO MISSION ROAD SUITE 205 SAN DIEGO CALIF 92108 r , CAI,.IFORNIA TOWUt .""1..0. ~.RI( The Honorable Tim Nader ; i Mayor, City ofChula Vista i 276 Forth Avenue I Chula Vista, California 91910 I~~" ~- c I I i -- --.... ..---May 10, 1993 .] o Dear Mayor Nader; Today, this Local Union received a copy of the recommendation your City's staff concerning the awarding of the contract for Chula Vista Transit. Having thoroughly read this report I can only reach one conclusion; that your staff seems' bent on spending more money to get less, particularly in the area of Employee benefits Years ago, the City of Chula Vista elected to contract out its bus service in an effort to save money. Save money it does, because the City doesn't have to administer health care, pensions and other employees benefits. Now comes San Diego Transit, with a bid for your contract that provides the employees with health care, non-contributory pension plan, vacation, sick leave, attendance bonus (your staff report represents San Diego Transit as not having one), life insurance and a deferred compensation plan and for less money. On the subject of pension plans your staff represents Mayflower's deferred compensation plan as a pension plan. I think you will find that a 40 I K is not a qualified plan, but simply a deferred compensation plan. Instead, your staff recommends that you spend more taxpayer's money to get less return on those hard to find taxpayer dollars! The wisdom of that decision is questionable, at best. It is quite obvious that this recommendation is NOT in the best interest of the employees ofChula Vista Transit, the citizens of Chula Vista and the economy ofChula Vista A warding the contract to Mayflower will result in the employees getting less and in turn an unhappy employee will not give the kind of service that happy employees will provide. It is a known fact that it is not always best to award bids to the lowest bidder because you get what you pay for. In this case, the lowest bid provides the City with more for less money. Frankly, in these hard economic times, how can the City justifY spending more to get less? Perhaps the worst injustice being foisted upon the employees ofChula Vista Transit is the promotional possibilities that will fail to materialize should the contract be awarded to Mayflower Contract Services. Drivers employed at Chula Vista Transit will have the 7 ~1(i.-~}' c2J ~ /s-C, Mayor Tim Nader 5/1 0/93 Page Two opportunity to move up to San Diego Transit when vacancies occur. Such promotions will carry with them increased wages and benefits. It wouldn't take much thought to conclude that Chula Vista would then be on the receiving end of this coup; it would receive increased revenue from taxpayers who live right here in the community. I urge you and the members of the City council to give serious consideration to San Diego Transit's bid that provides far superior benefits for those who represent the City ofChula Vista and at a lower cost. Best of all, should you award the bid to San Diego Transit, any profit generated will stay in the local economy. Can Mayflower say that? I think not ! I / Please don't hesitate to contact this office should you have any questions regarding the above matter. ~~ TN. Closter, II PresidentIBusiness Agent ~ /-/{;O ~~J GORDON GRAY (1877-1967) W. P. CARY (1882-1943) WALTER AMES (1893-1980) FRANK A. FRYE (1904-1970) GRAY, CARY, AMES & FRYE ATTORNEYS AT LAW 401 B STREET, SUITE 1700 SAN DIEGO, CALIFORNIA 92101-4297 TELEPHONE (619) 699-2700 FAX (619) 236-1048 OTHER OFFICES IN EL CENTRO ESCONDIDO LA JOLLA J. ROD BETTS PARTNER (619) 699-2851 I_~..",. Cl-.~>.- May 10, 1993 \I~l,~.lj I ~ ~.;' j (J" i ,.. ',' L.._ L. The Honorable Tim Nader, Mayor ~ -- --. -... The Honorable Jerry Rindone, Councilman The Honorable Leonard Moore, Councilman The Honorable Shirley Horton, Councilwoman The Honorable Robert Fox, Councilman City of Chula Vista 276 4th Avenue Chula Vista, CA 91910 ':,:! OUR FILE NO. 16585.92001 Re: City Council Meeting of May 11, 1993 Agenda Item Concerning Operation and Maintenance of Chula Vista Transit Dear Mayor and Councilpersons: This firm represents San Diego Transit Corporation ("SDTC"). SDTC submitted a proposal in response to the request for proposal ("RFP") to operate and maintain the Chula Vista Transit ("CVT") bus fleet issued by the Transit Division of the City on February 8, 1993, SDTC is in receipt of the Council Agenda Statement submitted by the Director of Public Works proposing that the Council approve an agreement between the City and Mayflower Contract Services, Inc, ("Mayflower"), for the operation and maintenance of the CVT fleet for the period July 1, 1993 through June 30, 1996, The Council Agenda Statement indicates that Mayflower was ranked first by an evaluation panel and SDTC was ranked second, Accordingly, the evaluation panel has recommended that Mayflower be selected as the CVT contract operator. We understand that SDTC will be separately delivering to the City Council its comments concerning the evaluation described in the Council Agenda Statement. SDTC has requested that we comment concerning a particular aspect of the Council Agenda Statement relating to Section 3(e) of the Federal Transit Act ("FTA"). On page 6 (final paragraph) and page 7 (first two paragraphs), the Council Agenda Statement discusses a requirement of the FT A that a contract operator receiving federal transit funds must fully allocate its costs when competing against private sector operators for transit service. This reference is to a federal ~l - I C:, I GRAY, CARY, AMES & FRYE The Honorable Tim Nader, et aI. May 10, 1993 Page 2 regulation, commonly referred to as Section 3(e) of the FT A. Section 3(e) is designed to "level the playing field" between public and private sector contractors by requiring public sector contractors to allocate costs to a proposal for service which such contractors would otherwise incur but for receiving public subsidies. The RFP issued in this matter required any public transit operator making a proposal to either submit a Section 3(e) certificate of compliance from its board of directors or a breakdown of the cost allocation done to ensure compliance with Section 3(e). SDTC submitted a Section 3(e) certification executed by its board of directors as well as SDTC's general counsel. Further, SDTC did engage in a true and accurate Section 3(e) allocation of costs, as can be seen in specific line items in its proposal. However, it appears from the Council Agenda Statement that Mayflower was selected by the evaluation panel over SDTC primarily because of the panel's concern about Section 3(e) issues. In pertinent part, the Council Agenda Statement (p. 6) provides: If San Diego Transit were awarded the contract, and the cost of operating CVT service was underestimated or not fully allocated, San Diego Transit's ability to perform under the contract conditions might be affected if: (1) a challenge from a private sector entity resulted in a delay in San Diego Transit starting CVT operations on July 1, 1993; or (2) the FTA determined (before or after July 1, 1993) that San Diego Transit's costs were not fully allocated with respect to this contract. Such a determination could result in San Diego Transit requesting to renegotiate its contract, or possibly to be released from its contract. This statement is extremely troubling, for several reasons. First, the RFP distributed in this matter set forth detailed evaluation criteria. While a Section 3(e) certification was required by the RFP as noted above, the evaluation criteria do not state that proposers will be evaluated on the basis of whether there might be a Section 3(e) challenge to the party awarded the contract. Here, the evaluation panel has discriminated against SDTC solely because of the panel's speculative concerns over a possible Section 3(e) challenge. With all due respect to the evaluation panel, it is simply not proper to evaluate a proposal based upon items not contained in the evaluation criteria of the RFP. An evaluation based upon factors not contained in the RFP is unfair, improper and prejudicial. Second, the above-quoted excerpt from the Council Agenda Statement is based on pure speculation, rather than fact. The evaluation panel speculates that if SDTC's costs ~I-L'.z GRAY, CARY, AMES & FRYE The Honorable Tim Nader, et al. May 10, 1993 Page 3 were underestimated or not fully allocated, SDTC's ability to perform mi~ht be affected if a private operator or FTA were to challenge the Section 3(e) allocation. Obviously, these statements are based upon speculation rather than fact. The panel does not state that they have found SDTC's costs underestimated or not fully allocated. There is no rational or reasoned basis to assume that SDTC's costs are improperly allocated or that there will be a challenge based upon Section 3(e), let alone a successful challenge. SDTC has never been successfully challenged under Section 3(e), and has rarely been challenged at all under this provision. Regardless of who wins the proposal, one or more of the losing parties may elect to protest the decision. However, it does not make sense for the Council to make a business decision based upon fear of who might protest or on what grounds. Rather, the Council should adopt the best proposal based upon the facts presented, not speculation. Based upon the facts, SDTC clearly has the superior proposal. In summary, Section 3(e) was intended to "level the playing field" between public and private sector proposers. However, Section 3(e) was never intended to be used as a vehicle for discriminating against entities such as SDTC which receive some public financial assistance. It is apparent from the Council Agenda Statement that SDTC was unfairly penalized by the evaluation panel based on fear concerning speculative Section 3(e) concerns which were not even part of the evaluation criteria. As a result, the recommendation of the evaluation panel should be set aside, and SDTC should be awarded the contract with the City to operate and maintain the CVT fleet for the next three years, beginning July I, 1993. Thank you for your consideration of this matter. Very truly yours, cJ I&:d W-h ~ J. Rod Betts For GRAY, CARY, AMES & FRYE JRB:wps 326645 cc: Roger Snoble, General Manager San Diego Transit Corporation Beverly Authelet, City Clerk 52-1 -I b3 ,-. ~an Diego Transit G'b An Operator In the Metropolttan Transit System ........... 100 16th Street P.O. Box 2511 San Diego, CA 92112 (619) 238-0100 FAX (619) 696-8159 May 10, 1993 r--.. f""'-. _ ;- j " I' . , ., Mayor Tim Nader City of Chula Vista 276 Fourth Avenue Chula Vista, CA 91910 ..~J Dear Mayor Nader: On May 11, 1993, you and the Chula Vista City Council will be making a significant decision on the future operation of Chula Vista Transit. Although your staff recommendation is to approve an agreement with another transit company, we are respectfully requesting that you seriously consider the substantial benefits we have to offer and award the contract to San Diego Transit Corporation (SDTC).. The following are compelling reasons why it is to the City of Chula Vista's benefit to award SDTC the contract to operate Chula Vista Transit. 1. We are the low bidder. 2. Your staff's quantitative evaluation on page 2 of their report states that SDTC"...had comparable qualitative scores..." 3. We are a local company. a. Money for this contract would stay within and go to the overall benefit of this region. b. Our headquarters is only six miles away 4. The City of Chula Vista has representation on our board of directors and on the Metropolitan Transit Development Board, which owns us. 5. We have an established labor relationship with both of our unions, IBEW Local 465 and ATU, Local 1309, and they both have contributed greatly to our ability to make this bid. Since the top three bidders came out so close to each other in the qualitative evaluation (less than one point difference), we believe it is fair to assume that all three bidders could, in fact, satis- factorily operate Chula Vista Transit; therefore, there seems to be very little advantage in awarding the contract to other than the low bidder. ;L[ - fbf Mayor Tim Nader May 10, 1993 Page 2 Your staff's report raises some concerns that we would like to respond to. SDTC, as a recipient of federal transit grants, is subject to a section of federal law that allows it to compete with private transit operators for contract services as long as all costs are fully allocated in all bids and subsequent contracts. The City of Chula Vista is not subject to this provision, but SDTC is. Our board has fulfilled Chula Vista's requirement to certify that we have, in fact, complied with these provisions. Should a private operator have a complaint about this, their recourse is through the Federal Transit Administration. There is simply no risk to the City of Chula Vista. The central theme to our proposal is to develop a truly effective, efficient and independent operating unit, which is dedicated and loyal to Chula Vista Transit but supported as needed by SDTC. Our commitment to you is to initially assign two highly qualified and experienced management staff members to Chula Vista Transit. They will be responsible for ensuring a smooth transition from the existing operator, establishing operating procedures and developing the permanent staff and management team. The third critical member of our team is Kevin Richardson, a talented manager that has been in our intensive management training program, and is ready to assume first-line transit management responsibility. After the first three to four months of operation, Mr. Richardson would assume responsibility for the total operation and two current employees would be promoted to the other top positions. We feel this is the best way to give Chula Vista Transit a smooth transition and quality, long-term management at a reasonable price. SDTC offers Chula Vista Transit's mechanics and operators a comprehensive benefits package including health care coverage, vacation, sick leave, life insurance and deferred compensation. Operators would also have a performance bonus program consisting of up to $100 per quarter for those who meet the attendance and safety criteria as discussed on page 32 of our proposal. We will attend the meeting of Chula Vista's City Council to provide you with further information and answer any questions you might have. We ask you to consider our proposal fairly and objectively, and award the contract to San Diego Transit. Roger Snoble President & General Manager RS/gw 6Z-1- I b) COUNCIL AGENDA STATEMENT Item 1.~ Meeting Date 5/11/93 SUBMITTED BY: Resolution I ? I J :J Approving agreement between the City of Chula Vista and American Red Cross for HandYtrans operation for the period July I, 1993 through June 3D, 1996 rI ITEM TITLE: REVIEWED BY: Director of Public Works ,/ ~ City Managerk.-l 5G (4/5ths Vote: Yes_No_X,,) The last Request for Proposals (RFP) for operation of HandYtrans was issued in March 1988. As a result of that RFP process, DAVE Systems, formerly Community Transit Services, Inc. was selected as the HandYtrans contract operator for a three-year term with an option to extend the contract for two additional years. Council exercised the two-year option in spring 1991 and the current contract terminates on June 3D, 1993. On February 23, 1993, Council accepted a report on an RFP for operation of HandYtrans starting July I, 1993, and authorized staff to issue the RFP. (A copy of the RFP is enclosed for Council information as Attachment 1.) Advertisements were placed in the Chula Vista Star News and in Passenl!er TransDort, a national publication of the American Public Transit Association. RFPs were sent to 23 interested parties. A pre-proposal conference was held on March 4, 1993, one non- responsive and four responsive proposals were received on March 29, 1993. These four proposals were evaluated by a three-member panel. As discussed in Section IIC of the RFP (page 3) a panel first reviewed each proposal based on qualitative factors discussed in Section IVB of the RFP (pages 9-11) and assigned each proposal a score with a maximum total score of 50 points. The panel then. evaluated the cost submitted by each proposer. Based on consideration of "high qualitative score and reasonable cost" the panel recommended that American Red Cross be selected as the HandYtrans contract operator. RECOMMENDATION: That Council adopt resolution approving agreement between the City of Chula Vista and American Red Cross for HandYtrans operation for the period July I, 1993, through June 3D, 1996, with an option to extend the agreement for two additional years, from July 1 1996 through June 3D, 1998. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: Evaluation panel members were: Greg AIabado, Assistant Transit Coordinator, City of Chula Vista; . Jerry Kehoe, Project Manager, Transit Division, County of San Diego; and Nan Valerio, Senior Planner, SANDAG. The qualitative criteria included: Approach to System Management (maximum 25 points); Maintenance Capability (maximum 10 points); Experience (maximum 10 points); and References (maximum 5 points). The total score for the qualitative evaluation was 50 points. (For Council's information, the qualitative evaluation score for the Chula Vista Transit proposal evaluation was 60 points. Additional points were used in the CVT evaluation for the specific management positions of Location Manager, Maintenance Manager, and Operations Supervisor. Because the ..2.2. - / Page 2, Item ,)..;2 Meeting Date 5/11/93 HandYtrans contract is a smaller operation than CVT, and because the vehicles in the HandYtrans contract are provided by the contractor and not owned by the City, the evaluation of the management positions in the HandYtrans proposal were included under the broader categories of System Management and Maintenance Capability.) The results of the evaluation process are shown on Table 1. TABLE I HANDYTRANS PROPOSER RANKING QUALITATIVE 3-YEAB START- RANKING COST UP COST PROPOSER (50 POINTS) TOTAL 3-YEAR COST Medi-Ride 45.7 $ $13,515 $916,008 902,493 Red Cross") 42.5 720,Q78 10,000 Original Cost 730,078 Negotiated Cost 694,078 DAVE Systems 40.0 1,002,498 0 1,002,498 Mayflower (2) 34.5 830,793 11 ,908 842,701 Mayflower (3) 34.5 1,253,750 17,125 1,270,875 NOTES: (I) The total three-year cost of $694,078 is the fInal negotiated cost for the three-year contract. ~) Cost assumes operation in conjunction with CVT contract and use of City yard for vehicle storage and maintenance. OJ Cost based on operation independent of CVT contract. In terms of the qualitative ranking, Medi-Ride received the high score of 45.7 points followed by Red Cross at 42.5 (a 7% difference), DAVE Systems with 40 points, and Mayflower with 34.5 points. The low cost was submitted by Red Cross at $730,078 for a total three-year cost, including start-up costs. Staff negotiated a $36,000 reduction in the Red Cross cost for the three year contract term which reduced the three year cost from $730,078 to $694,078. The reason for this cost reduction will be discussed later in the report. The second lowest cost was submitted by Mayflower at $842,701, followed by Medi-Ride at $916,008; DAVE Systems, the current HandYtrans contract operator, at $1,002,498; and a second Mayflower cost proposal at $1,270,875. The lower Mayflower cost is contingent upon Mayflower being awarded the Chula Vista Transit (CVT) operations contract and assumes that HandYtrans vehicles could be parked and maintained at the City Yard. However, since there is not sufficient space at the Yard for the HandYtrans operation, the RFP specified that HandYtrans vehicles must be parked and maintained at a site provided by the contract operator. Medi-Ride received the highest qualitative score of 45.7 points (out of 50 points total) and Red Cross received the second highest qualitative score of 42.5 points. The main reason for the point difference was due to the category" Approach to System Management". Medi-Ride was scored higher than Red Cross primarily due to assigning a full-time Location Manager exclusively to the HandYtrans operation. Red Cross proposes a Location Manager who would be responsible for HandYtrans but ~~-,;... Page 3, Item ~~ Meeting Date S/1lI93 also for additional Red Cross paratransit services. Red Cross' operations and dispatch office would be located in the City of Chula Vista and staffed by a dispatcher and other administrative support personnel at that location. When staff was finalizing the agreement with Red Cross for HandYtrans operation, the Red Cross expressed concern about the City's hold harmless clause (Section 7, page 6 of 11, Attachment 2 of RFP). The City Attorney and the Transit Coordinator negotiated with Red Cross to modify the hold harmless language in consideration for a reduction in the contract cost by $36,000 over the 3-year term, or an average reduction of $12,000 per year. This modified hold harmless statement is included in the agreement that is before Council for approval. The contract cost of $694,078 for the three-year contract term is a reduction of $36,000, or 5.2%, from the original cost of $730,078. The City's Hold Harmless clause would require the Red Cross to indemnify the City for all claims attributed to HandYtrans operation unless the City were deemed totally at fault. The modified Hold Harmless clause indemnifies the City based on a pro rata portion of fault. The City Attorney has determined that the risk to the City under this modified clause is low and is offset by the low contract cost negotiated with the Red Cross. The total three-year cost difference between Medi-Ride at $916,008 and Red Cross at $694,078 is $221,930, or 32%. For Council's information, the current fiscal year HandYtrans contract cost with DAVE Systems is $282,560; the Red Cross cost for next fiscal year is $223,288 which is $59,272 or 26% lower than the current fiscal year cost. Medi-Ride's first year cost is $287,265, which is $4,705, or 1.6% higher than this year's cost. Based on the considerations of qualitative score and costs, the evaluation panel recommended Red Cross as the HandYtrans contract operator. The American Red Cross has provided paratransit service in San Diego County under the name of Wheels since 1979. In fiscal year 1992, Wheels provided over 184,000 paratransit trips in San Diego County. Wheels currently has public agency contracts for senior and disabled paratransit service with National City, County of San Diego and the City of San Diego. Under these three public agency contracts, Wheels operates 16 vehicles in demand response paratransit services. With regard to the agreement with the City of Chula Vista for HandYtrans operation, Red Cross will provide five 1993 model wheelchair lift-equipped vehicles which meet the RFP specifications. These vehicles will have a minimum permanent seating capacity for ten passengers, and three wheelchair tiedown stations with flip seats to accommodate ambulatory passengers when the wheelchair position is not used. As stipulated in the RFP, HandYtrans drivers will receive a starting salary of $6.00 per hour after training and a six month period probation. (Drivers currently receive a starting salary of $5.10 per hour and $5.50 after one year.) Driver benefits include a medical plan, dental plan, life insurance, short and long term disability coverage, paid personal leave after first year of employment, retirement plan eligibility (fully vested after five years) and enrollment in the Red Cross Tax Deferred Annuity Investment Plan. Red Cross has also committed to interview and hire qualified HandYtrans drivers and dispatch personnel currently employed by DAVE Systems. Council may recall that in the MTDB service area, HandYtrans as well as the other Transportation Development Act (TDA) Article 4.5 funded paratransit systems, are designated Complementary Paratransit Services under the Americans with Disabilities Act (ADA). This designation means that priority service must be given to ADA eligible individuals, and full compliance with the ADA must be achieved by 1997. Compliance with the ADA will involve providing transportation to ADA .}J.- ;J Page 4, Item e2,;J.. Meeting Date 5/11/93 eligible persons who cannot ride or. access the fixed route transportation services like Chula Vista Transit or the San Diego Trolley. There were no additional Federal monies appropriated specifically for ADA transportation services, and TDA Article 4.5 funds have been reduced in recent years due to the recession. However, the relatively low cost proposal submitted by Red Cross wi1l enable HandYtrans operation for next fiscal year to be funded with available TDA Article 4.5 funds. Council may recall that at its April 13, 1993 meeting under Oral Communications, Mrs. Carolyn Butler expressed concern about the advance reservation time required for HandYtrans service. Council referred this matter to the Human Relations Commission. The Commission wi1l consider this matter at its May 12, 1993 meeting. Mrs. Butler has also expressed concern about the availability of HandYtrans service at night. The HandYtrans service in the agreement with the Red Cross continues the current operations which complies with the American with Disabilities Act (ADA). The ADA requires that dial-a-ride service be provided under the following conditions: - Available to individuals who are ADA certified (individuals who cannot ride fixed-route public transportation like CVT); - The dial-a-ride service must operate within a 3/4 mile corridor and the same operating hours as the fixed-route service; - Advance reservations for dial-a-ride service must be accepted one day before the requested trip; and, - Full compliance with ADA must be achieved by 1997. The ADA requires that ADA certified individuals be given service priority on dial-a-ride systems. However, seniors and disabled persons who are llil1 ADA certified may still ride HandYtrans on a space available basis. As of now, HandYtrans generally can accommodate most trip requests for both ADA and non-ADA certified passengers. As a first step toward full ADA compliance, HandYtrans expanded service hours on October 1, 1992 and now provides service from 7:00 a.m. to 6:00 p.m. Monday through Friday. HandYtrans also operates limited Sunday service from 8:00 a.m. to 2:00 p.m. and has been providing this service for many years. However, Council may wish to direct staff to consider options for providing supplemental dial-a-ride services for seniors and disabled persons. These options may include expanding service under the Red Cross Contract, using taxis, and developing cost estimates for these options. FISCAL IMPACT: The three-year cost proposed by Red Cross for HandYtrans operation is $694,078 including a $10,000 start-up cost, for an average annual cost of $231,359. The following funding sources are available for HandYtrans operation: Transportation Development Act (TDA) Article 4.5 Funds; Proposition A funds; State Transit Assistance Funds; and fare revenue. WPC F:\HOME\ENGINEER\BIlLG\HANDYTRN.AS 050593 ,)..2-1{ - , , RESOLUTION NO. 171CJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND AMERICAN RED CROSS FOR HANDYTRANS OPERATION FOR THE PERIOD JULY 1, 1993 THROUGH JUNE 30, 1996 WHEREAS, on February 23, 1993, Council accepted a report on a Request for Proposals (RFP) for HandY trans operations and authorized staff to issue the RFP; and WHEREAS, advertisements were placed in the Chula vista Star News and in Passenqer Transoort, a national publication of the American Public Transit Association with RFPs being sent to 23 interested parties; and WHEREAS, a pre-proposal conference was held on March 4, 1993, and four responsive proposals were received on March 29, 1993; and WHEREAS, these four proposals were evaluated by a three- member panel based on a qualitative score and cost and as a result of this evaluation process, the panel recommended that American Red Cross be selected as the HandY trans operator. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula vista does hereby approve an Agreement between the City of Chula vista and American Red Cross for HandY trans operation for the period July 1, 1993 through June 30, 1996, 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 e ecute said contract for and on behalf of the City of Chula vist . Bruce M. Attorney ""1'" John P. Lippitt, Director of Public Works Presented by / F:\home\attomey\handytrn.res >>- f / J:J. -h . AGREEMENT BETWEEN CITY OF CHULA VISTA AND AMERICAN RED CROSS HEREINAFTER REFERRED TO AS "CONTRACTOR" FOR DEMAND RESPONSE TRANSPORTATION SERVICE This agreement dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph I is between the City, whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Contractor, whose business form is set fonh on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set fonh on Exhibit A, paragraph 6 and is made with reference to the following facts: Recitals Whereas, the City desires to operate a transportation system to serve persons certified for Complementary Paratransit Service under the American with Disabilities Act (ADA) and other senior and disabled persons, provided Transportation Development Act (fDA) Article 4.5 funds and Proposition A funds are available; and . Whereas, Article 4.5 and Proposition A funds and are administered by the San Diego Association of Governments (SANDAG) and allocated to the City by SANDAG based on a distribution formula; and Whereas, the City's Complementary Paratransit System for ADA certified persons is called "HandYtrans"; and Whereas, Contractor has the management and technical personnel, expertise, and other assets useful for the operation of HandYtrans; and Whereas. City is desirous of obtaining such services for HandYtrans; and Whereas. Contractor is desirous of providing such service; Whereas, Contractor warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Contractor to City within the timeframes herein provided all in accordance with the terms and conditions of this Agreement; NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually agree as follows: WPC F:\HOME'ENGINEER\807.93 ,).).,,7 Page I 1. Contractor's Duties A. General Duties Contractor shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of perfonning and delivering said "General Duties", Contractor shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to tenninate this Agreement. C. Reductions or Increases in Scope of Work City may independently, or upon request from Contractor, from time to time reduce or increase the Defined Services to be performed by the Contractor under this Agreement. Upon doing so, City and Contractor agree to meet in good faith and confer for the purpose of negotiating a corresponding change in the compensation associated with said change. An increase or decrease in the annual vehicle service hours, bv more than 20% during any year of the agreement may result in compensation being negotiated. D. Additional Services In addition to perfonning the Defined Services herein set forth, City may require Contractor to perform additional services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Contractor, Contractor shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph II (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Contractor, in performing any Services under this agreement, whether Defined Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. F. Insurance Contractor represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the ..2,),r Page 2 WPC F:'J-JOME\ENGINEE.R\807.93 following insurance coverages, in the following categories, and to the limits specified, policies Lf which are issued by Insurance Companies that have a Be~t's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by 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. (I) 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. H. Performance Bond. In the event that Exhibit A, at Paragraph 9, indicates the need for Contractor to provide a Performance Bond, which indication shall be made by checking the parenthetical space adjacent to the term, "Performance Bond", then Contractor shall provide to the City a performance bond by a surety and in a form satisfactory to the City Attorney in an amount indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 9, Exhibit A. 1. Business License Contractor agrees to obtain a business license from the City and to otherwise complv with Title 5 of the Chula Vista Municipal Code. WPC F:'IHOM:lN:.NGINEER\807.93 .,)~ -1 Page 3 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Contractor for the purpose of reviewing the progress of the Defmed Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement. The City shall permit access to its office facilities, files and records by Contractor throughout the term of the agreement. In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 11, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Contractor's performance of this agreement. B. Compensation Upon receipt of a properlv prepared billing from Contractor submitted to the City periodically as indicated in Exhibit A. Paragraph 18. but in no event more freauently than monthly. on the day of the period indicated in Exhibit A. Paragraph 18. City shall compensate Contractor for all services rendered by Contractor according to the terms and conditions set forth in Exhibit A, Paragraph II adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, and shall compensate Contractor for out of pocket expenses as provided in Exhibit A, Paragraph 12. All billings submitted by Contractor shall contain sufficient information as to the proprietv of the billing to permit the City to evaluate that the amount due and payable thereunder is proper. and shall specifically contain the Citv's account number indicated on Exhibit A. Paragraph 18 (C) to be charged upon making such payment. 3. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 13, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement. 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 14. From the nature of the services to be rendered, the Contractor and City agree that it is difficult to fix actual damages which may result from failure on the part of the Contractor to perform any of its obligations herein and the resulting loss to the City. Therefore, both parties agree that the Contractor's liability should be limited to and fixed at the sums stated in this WPC F:\HOME'ENGINEER\807.93 ,;,). -/ ~ Page 4 section, as liquidated damages and not as penalty, to be deducted automatically by City from Contractor invoices for Lie period(s) in which occurred.. The decision of the City Transit Coordinator is fmal with respect to any assessment of liquidated damages. The Transit Coordinator may rely on information supplied by Contractor, by the public or by City staff, as well as by other means in determining assessment of liquidated damages. 6. Financial Interests of Contractor A. Contractor is Designated as an FPPC Filer. If Contractor is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Contractor is deemed to be a "Contractor" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Clerk on the required Statement of Economic Interests in such reporting categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a financial interest other than the 'compensation promised by this Agreement. C. Search to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this agreement. D. Promise Not to Acquire Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act. E. Duty to Advise of Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. WPC F:'HOMBENGINEER\807.93 ,2~ -II Page 5 F. Specific Warranties Against Economic Interests. Contractor warrants and represents that neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents ("Contractor Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defined Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defmed Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 15. Contractor further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this Agreement. Contractor promises to advise City of any such promise that may be made during the Term of this Agreement, or for 12 months thereafter. Contractor agrees that Contractor Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Contractor may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Contractor's responsibilities under this Agreement, except with the written permission of City. 7. Hold Harmless Notwithstanding any other agreements, the San Diego/Imperial Counties Chapter of the American Red Cross, agrees to defend, hold harmless, and indemnify the City of Chula Vista against any legal liability in respect to bodily injury, death, and property damage arising from the negligence of the said chapter in the performance of its responsibilities specified by this agreement for transportation services. Contractor's indemnification shall include any and all reasonable costs, reasonable expenses, reasonable attorney's fees and liability incurred by the City, its officers, agents or employees in defending against such claims, whether the same proceed to judgment or not. Further, 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. Contractor's indemnification of City shall not be limited by any prior or subsequent declaration by the Contractor. 8. Termination of Agreement for Cause If, through any cause, Contractor shall fail to fulfIll in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor 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 Contractor 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 Contractor shall, at the option of the City, become the property of the City, and Contractor shall be entitled to receive just and equitable compensation for any work WPC F:\HOME-ENGINEFR.\807.93 ~.). ... / .2.. Page 6 satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable h.:reunde.r, and less any damages caused City by Contractor's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Contractors' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Contractor shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving spetific written notice to Contractor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Contractor 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. 11. Assignability The services of Contractor are personal to the City, and Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City, which City may not unreasonably deny. 12. Ownership, Publication, Reproduction and Use of Material All reports, studies, information, data, statistics, forms, designs, plans, procedures, systems and any other materials or properties produced under this Agreement shall be the sole and exclusive property of City. No such materials or properties produced in whole or in part under this Agreement shall be subject to private use, copyrights or patent rights by Contractor in the United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act), distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics, forms or other materials or properties produced under this Agreement. 13. Independent Contractor City is interested only in the results obtained and Contractor shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement. City maintains the right only to reject or accept Contractor's work products. Contractor and any of the Contractor's agents, employees or representatives are, for all purposes under this Agreement, an independent contractor and shall not be deemed to be WPC F:'HOM:E'ENGINEER\807.93 -J).-/ :1 Page 7 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 lxnefits, worker's compensation benefits, injury leave or other leave benefits. . 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and filed with the City and acted upon by the City in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista Municipal Code, as same may from time to time be amended, the provisions of which are incorporated by this reference as if fully set forth herein, and such policies and procedures used by the City in the implementation of same. Upon request by City, Contractor shall meet and confer in good faith with City for the purpose of resolving any dispute over the terms of this Agreement. 15. Attorney's Fees Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Contractor prepares a report or document, or partIcipates in the preparation of a report or document in performing the Defined Services, Contractor shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document. 17. Miscellaneous A. 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. B. Contractor is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 16 is marked, the Contractor and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Contractor represents that neither Contractor, nor their principals are licensed real estate brokers or salespersons. WPC F:'IHOME'GNGINEER\807.93 .2;l '/1 Page 8 C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or. served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue 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. 18. Term of Agreement: A. Base Term - This Agreement shall become effective upon execution, and the term shall be the period from July 1, 1993 through June 30, 1996. B. Option Term (1) In consideration of the herein Agreement, Contractor hereby grants to City the below option, exercisable in writing at City's sole election. At any time on or before April 1, 1996, City may extend the service provided by Contractor under this Agreement for a period of two years. Compensation related to such an extension shall be determined through negotiations between City and Contractor. .2 ~ ., I.!f' Page 9 WPC F:\HOMIN:.NGINEER\807.93 (2) It is mutually understood and agreed that all work performed and services provided under the exercised option shall be in strict compliance with all of the requirements or this Agreement as such may be amended from time to time byinutual agreement. (3) It is mutually understood and agreed that City is under no obligation whatsoever to exercise this option. Such option exercise may be by amendment hereto, or by issuance of a new agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized on the date written below their signatures. [end of page. next page is signature page.] WPC F:\HOMBENGIN'EER\807.93 ').1...}(, Page 10 Signature Page to Agreement between City of Chula Vista and American Red Cross for HandYtrans Operation IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: ,19_ CITY OF CHULA VISTA By: Tim Nader, Mayor Attest: Beverly Authelel, City Clerk Dated: AMERICAN RED CROSS By?\! :i?J(':k~ /G~ Name of person, title Dated: {).s/(Yf/13 I ! Exhibit List to Agreement ( X ) Exhibit A. WPC F:'HOME'ENGINEER\807.93 .,2.2-/7 Page 11 Exhibit A to Agreement between City of Chula Vista and American Red Cross 1. Effective Date of Agreement: July 1, 1993 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: form] , a [insert business 3. Place of Business for City: City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Contractor: American Red Cross 5. Business Form of Contractor: ( ) Sole Proprietorship ( ) Partnership ( X ) Corporation 6. Place of Business, Telephone and Fax Number of Contractor: 3650 Fifth Avenue San Diego, California 92103 Voice Phone (619) 239-4046 Fax Phone (619) 298-0634 WPC F:\HOMl*.NGINEER\808.93 -1), "'/r Page 1 7. General Duties: Contractor's responsibilities shall include but not be limited to; 1. Meeting all operations equipment and maintenance requirements contained in this Agreement, and in compliance with the ADA. 2. Providing all personnel having management, operations, and maintenance expertise necessary to operate the system. 3. Providing the necessary vehicles according to the specifications detailed in Attachment 1. 4. Fare collection, accounting, and reporting. 5. Personnel administration. 6. Assisting City in marketing. 7. Scheduling and dispatching vehicles. 8. Data collection and reporting. 8. Scope of Work and Schedule: A. Detailed Scope of Work: See Attachment 1 to Exhibit A. B. Date for Commencement of Contractor Services: (X) Same as Effective Date of Agreement () Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Deliverable No.2: Deliverable No.3: D. Date for completion of all Contractor services: June 30, 1996 9. Insurance Requirements: (X) Statutory Worker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $5,000,000. (X) Performance Bond, $50,000 (X) Fidelity Bond, $50,000 >>~/? Page 2 WPC F:\JlOMIN::NGWEER\808.93 10. Materials Required to be Supplied by City to Contractor: None 11. Compensation: A. (X) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Contractor as herein required, City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: $10,000, payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee Start-up costs, payable upon receipt of invoice $10,000 B. ( ) Phased Fixed Fee Arrangement. C. (X) Hourly Rate Arrangement City shall pay Contractor for 8,868 annual vehicle service operating hours of time spent by Contractor in the performancll of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation Annual Vehicle Service Hours Contractor will perform all of the HandYtrans operations based on the annual vehicle service hours in the Rate Schedule Table shown below. (2) () Limitation without Further Authorization on Time and Materials Arrangement At such time as Contractor shall have incurred time and materials equal to ("Authorization Limit"), Contractor shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Contractor from providing additional Services at Contractor's own cost and expense. Rate Schedule ::j!~SW::!:: FY 1993-94 FY 1994-95 FY 1995-96 8,868 8,868 8,868 $25.179 $25.709 $26.251 .......... ................. .-. IIIII[I':!:! $223,289 $227,995 $232,794 WPC F:\HO~GINEER\808.93 .l~'.J..tJ Page 3 12. Materials Reimbursement Arrangement For the cost of out of pocket expenses incurred by Contractor in the performance of services herein required, City shall pay Contractor at the rates or amounts set forth below: () None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ (X) Other Actual Identifiable Direct Costs: Fuel cost is estimated at $1.00 per gallon. If the actual average fuel cost varies from the estimate, reimbursement will be made by the appropriate party during the month following the detennination of the actual fuel cost 13. Contract Administrators: City: Bill Gustafson, Transit Coordinator 707 F Street Chula Vista, CA 91910 (619) 691-5260 Contractor: Don Swain, Transportation Director American Red Cross 3650 Fifth A venue San Diego, CA 92103 14. Liquidated Damages A. Liquidated damages may be assessed at the rate of one-thousand ($1,000) dollars per day for each day after the commencement of this Agreement that Contractor totally fails to provide any of the required transit service specified in this Agreement B. Liquidated damages will be assessed at the rate of three hundred ($300) dollars per occurrence for failure to achieve a satisfactory rating in any category of the annual California Highway Patrol Safety Compliance report (CHP 343). C. Liquidated damages may be assessed at the rate of one hundred ($100) dollars per day for each day Contractor fails to employ and assign to the services covered by this agreement WPC F:'HOME'ENGINEER\808.93 t:1 ). ...,). J Page 4 a Location Manager approved by the Transit Coordinator. In the event Contractor's Location Manager terminates his or her employment with less than two (2) weeks notice, liquidated damages will not be assessed until the fifteenth (15th) day following the notice of termination. D. Liquidated damages may be assessed at the rate of fifty ($50) dollars per day for each incident of failure to comply with the following equipment and driver specifications herein: (1) Failure to clean vehicle interiors daily. (2) Failure to clean vehicle exterior two times per week. (3) Failure to provide an 8-hoUr National Safety Council Defensive Driving Course or equivalent for each driver before that driver operates any vehicle in revenue service. (4) Failure of driver to wear presentable uniforms while on duty. (5) Failure to provide each driver 1 hour of safety training per month. (6) Failure to conduct 1 hour of evaluation check ride quarterly for each driver. E. Liquidated damages may be assessed at the rate of fifty ($50) dollars per vehicle per day for failure to insure that wheelchair lifts are operational before a vehicle is assigned to revenue service. F. Liquidated damages may be assessed at the rate of fifty ($50) dollars per day for each incident of failure to submit to the City monthly management reports by the 10th day of the following month. G. Liquidated damages may be assessed at the rate of fifty ($50) dollars per vehicle per day for each day Contractor operates a vehicle which does not have functioning heating and air conditioning. H. Contractor shall maintain the following minimum performance indicators: Passengers per Passengers per Service Mile Service Hour 0.30 3.5 The performance factors will be evaluated on a monthly basis. Total passengers per service mile is equal to the number of passengers carried divided by the mileage accumulated by Contractor's vehicles while vehicle is available to transport passengers within the service area. Total passengers per service hour is equal to the total number of passengers carried divided by the number of hours that vehicles are available for service within the designated hours of operation. The City will assess Liquidated Damages in the amount of $200 for each month both these standards are not met. In addition to the right of the City to terminate the agreement for the Citv's convenience under section 10 of the agreement. failure to meet the performance WPC F:\HOMN.NGINEER.\808.93 .2,) -.;.2 Page 5 . indicators of this oaragraoh H for three consecutive months shall. at the ootion of the Citv. constitute an indeoendent basis for termination of this agreement for cause under section 8 of this agreement 15. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer () Category No. 1. Investments and sources of income. () Category No.2. Interests in real property. () Category No.3. Investments, interest in real property and sources of income subject to the regulatory, permit or licensing authority of the department. () Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. () Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. () Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. () Category No.7. Business positions. () List "Contractor Associates" interests in real property within 2 radial miles of Project Property, if any: 16. ( ) Contractor is Real Estate Broker and/or Salesman .2,l':J.:J Page 6 WPC F:\HOME'E.NGINEER.\808.93 17. Pennitted Subconsultants: 18. Bill Processing: A. Contractor's Billing to be submitted for the following period of time: (X) Monthly () Quarterly () Other: B. Day of the Period for submission of Contractor's Billing: () First of the Month () 15th Day of each Month (X) End of the Month () Other: C. City's Account Number: 236-2360-5203 'WPC F:\HOMBENGINEER\808.93 )).-)L/ Page 7 ATTACHMENT 1 TO EXHmIT A SCOPE OF WORK' 1. INTRODUCTION The Contractor will provide management and operations of a demand response transportation system meeting the requirement of the ADA, serving the City of Chula Vista and portions of San Diego County adjacent to the City. This service area covers an estimated twenty-five (25) square miles and has an estiinated 18,000 seniors and disabled persons. This service area generally coincides with the service area of Chula Vista Transit (CVT). 2. SERVICE PROVISION A. Service Allocation 1) Davs of Service: Monday through Friday, and Sunday 2) Hours of Service: Monday through Friday: 7 a.m. to 6:00 p.m. Sunday: 8:00 a.m. to 2:00 p.m. 3) Annual Vehicle Service Hours: 8,868 4) Service n~t provided on the following holidays: New Year's Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day, and Christmas Day. B. Vehicle Utilization 1) Contractor shall provide five (5) lift-equipped vehicles. 2) One vehicle shall be provided by Contractor as a spare. 3) Contractor is responsible for: providing service to meet demand during the days and hours specified in Section 2A; and for allocating vehicle service hours so as not to exceed 8,868 annual vehicle service hours. 3. ELIGIBILITY Certification of ADA eligible persons will be done by the Coordinated Transportation Service Agency (CTSA). Contractor will be responsible for screening non-ADA certified persons. Any senior or disabled individual may use the system. A senior, for purposes of this project, is defined as 60 years of age or older. Any disabled individual, regardless of age, who cannot use, or would have difficulty using, fixed-route transit services in the Chula Vista area, may use HandYtrans. Questions concerning client eligibility shall be directed to the Transit Coordinator or his designated representative; questions concerning ADA eligibility shall be directed to the CTSA. WPC F:\HOME\ENG:NEER\Bn..l.G\809.93 Page 1 ,):2 .. .2>" 4. SYSTEM OPERATION A. Contractor shall operate the system in compliance with City operating policies and local, state, and federal laws and regulations applicable to this service. Contractor shall be thoroughly familiar with, and comply with, all ADA requirements related to this service, including regional coordination efforts such as regional fare and transfer policies. B. Contractor's preparation for the transportation service shall comprise those tasks required to make the system operational, including an initial training and safety program and service area familiarization. C. Contractor's service shall include, but shall not be limited to the following: Day-to-day operation of the service, including executive and administrative management; employee supervision, and training of all personnel, (including drivers, dispatchers, radio personnel, supervisors, and maintenance personnel); maintaining a list of backup drivers who will be readily available in the absence of regular drivers to insure operation of the system; maintenance and repair of equipment; negotiation and administration of subcontracts; providing for public relations and marketing associated with this agreement as specified by City; preparation of budgets, analysis, and reports of fmancial and other matters pertaining to the project's operations; clerical, statistical, and bookkeeping services as required in this. agreement; and such other work as may be necessary to comply with the requirements contained herein. D. Contractor shall test and interview all applicants, and train all successful applicants. Contractor's personnel wages and work hours shall be in accord with all government regulations affecting such personnel. E. Management of the day-to-day operations of the system shall be vested in the. Contractor's location manager, who shall be an experienced employee of the Contractor. In addition, a responsible employee of the Contractor shall be available at all times, either by phone or in person to make decisions or provide coordination as necessary. F. Contractor should have vehicles arrive at scheduled pickup points as close to the designated time as possible (at least 95% of all pickups shall be made within 0-20 minutes of scheduled pickup time). Passengers shall be informed by Contractor of any unforeseen delays. G. Contractor's drivers shall report to the location manager all hazardous conditions (e.g., downed trees and signs) in the service area. Contractor, in turn, shall immediately notify the appropriate governmental authority of such conditions and shall take necessary precautions to safeguard passengers and Contractor's personnel. Page 2 WPC F:\1I0MPENGlNEER\BlLLG'809.93 ..2~ ~.2 /, H. Trip priority shall be given to ADA certified persons. The ADA regulations require that "next day service" be provided; therefore, requests for service for a particular day must be accommodated by Contractor the preceding day during HandYtrans operating hours. Since HandYtrans currently does not operate on Saturday, requests for Sunday service made on Saturday must be accommodated by Contractor; options to meet the requirement include the use of an answering machine or an answering service. Confirmation of requests for Sunday service must be made by 5:00 p.rn. on Saturday. The current HandYtrans number is 425.7433; Contractor shall obtain this number for patrons to call for making reservations. The Contractor will arrange origin to destination transportation in a manner designed to accommodate the greatest number of passengers over the shortest feasible route. Dispatching of vehicles may take place with less than 24-hour reservation should time and availability permit. Patrons will be requested to give point of origin, point of destination, and number of persons in the party. Patrons will be advised of time of pickup. Contractor will dispatch a vehicle to the point where service is requested. H additional call(s) on a demand basis are received for pickups in the vicinity of the fIrst call or near the routing of patrons in the vehicle, and capacity permits, the vehicle shall deviate from routing to pick up additional passenger(s). Contractor shall do everything possible to avoid any undue delay of any patron, either at the point of pickup or en route. Patrons shall not, however, have any control over the route selected. Pickup of patron shall occur sometime within three (3) minutes before the time indicated ,by the dispatcher and not more than seven (7) minutes after the scheduled pickup time. Contractor's vehicles shall not wait for the patrons more than two (2) minutes at any point after sounding horn. No animals may be transported by the system, except for dogs or other animals as permitted under the ADA accompanying a disabled person. Drivers shall offer reasonable assistance to patrons entering and exiting the vehicle, but are not required to assist passengers to or from the building, facility or structure which may be patron's point of origin or fInal destination. Patrons who require such special assistance are encouraged to travel with a companion or attendant who may ride HandYtrans at no charge. In addition, operator has the authority to limit the number and size of parcels or any other objects, that a patron may transport in order to ensure the safety and convenience of other patrons. 5. VEHICLES Contractor shall be responsible for providing fIve (5) vehicles all of which shall be wheelchair lift-equipped, with the following general specifications: A. Capacitv: All fIve (5) vehicles shall have a minimum capacity of ten (10) forward facing seats for passengers, and three (3) wheelchair positions equipped with seats to accommodate ambulatory passengers when the wheelchair position(s) are not in use. Wheelchair positions shall be located in the rear of all vehicles, and wheelchair access to all vehicles shall be in the rear of vehicles. WPC F:\HO~GINEFJt\Bll..l.G\809.93 .;). ~ .2 7 Page 3 B. Radios: Contractor will provide a corrununication system, including a base unit and mobile units for each vehicle, to be operated on an approved motor carrier frequency. Contractor shall be responsible for installation and maintenance of all radio eauipment. C. Fareboxes: Each vehicle shall be equipped with one locked farebox. Contractor shall be responsible for providing and installing said farebox near the front passenger entrance door. D. Wheelchair Restraints: Each wheelchair station shall be equipped with a secure restraint device that will secure the wheelchair to the vehicle and the wheelchair passenger in their wheelchair. These devices shall be adjustable to accorrunodate various size wheelchairs, and shall meet ADA requirements. E. Seat Belts: All seats shall be equipped with seat belts. F. Electrical and Cooling Svstem Specifications: Each vehicle shall be equipped with a heavy-duty battery, a heavy-duty alternator, and a heavy-duty cooling system. G. Air Conditioning: All vehicles must have functional air conditioning units which shall be operated as needed for the comfort of passengers. H. Identification: Prior to July I, 1993, all vehicles shall be identified "HandYtrans" on both sides, front and rear of vehicles. Vehicles shall be painted blue and white. This identification and paint scheme shall be in a size and style to be approved by City. I. Vehicle Age: Vehicle must be 1992 model vear or later. 6. MAINTENANCE AND CLEANING OF VEHICLES Contractor must furnish and maintain vehicles in good working condition and in good physical appearance. Each used vehicle must have a documented performance history. The City reserves the right, in its sole discretion, to reject by notice to Contractor, any vehicle the Contractor proposes to use or subsequently uses in the performance of this service which the City deems unacceptable. Contractor shall be responsible for having all maintenance work and cleaning performed on all vehicles utilized in the provision of service associated with this Agreement. Maintenance work shall include, but not be limited to all tires, parts, labor, fuel, and lubricants. Contractor shall allow City access to Contractor's facilities and activities for purposes of monitoring Contractor's maintenance performance. The interior of all vehicles used in HandYtrans service shall be cleaned daily; the exterior of all vehicles shall be washed a minimum of two (2) times per week. Page 4 WPC E'HOME'ENGINEER\B!ll.<Nl09.93 ..)..2 ' ..2. ~ Safety and mechanical equipment, including wheelchair lifts, shall be maintained in accordance with all applicable laws and regulations. including Title 13, Article 2 of the California Administrative Code (Motor Carrier Safety Regulations) and Division 12 of the California Vehicle Code (Equipment of Vehicles). Contractor shall provide the City with copies of the annual California Highway Patrol Reports. The City reserves the right to make periodic inspections of Contractor's vehicles used in this service. Contractor shall also be responsible for all maintenance and repair work associated with the mobile radio system. 7. FARES Fares and transfer policies related to the service contained in the agreement will be determined and established by the City and the Metropolitan Transit Development Board (MTDB). Policies will be in accordance with Section 99268.5 of the Public Utilities Code, which requires a fare revenue return of ten percent (10%) of the operating expense. Contractor must recover at least ten percent (10%) of operating expenses from farebox revenue. Failure to maintain this return may lead to termination of the contract. One way cash fares shall be $2.00 under both Options A and B for FY 1993-94; transfers to and from other fixed-route and paratransit systems for ADA certified persons are permitted. Fares collected are the tesponsibility of the contractor and shall be deposited by the contractor daily at a bank mutually agreed upon by Contractor and City. No change will be made by the drivers. Contractor is responsible for any fare revenue losses or shortages until deposited. 8. SERVICE PERFORMANCE The goal of this service is to provide reliable, effective, and efficient transportation for ADA certified and other senior and disabled residents of the HandYtrans service area. The Contractor shall take all actions necessary to accomplish this goal while minimizing the cost of service to the City. The Agreement between City and Contractor will contain Liquidated Damages to ensure quality service. 9. ADVERTISING AND SALES PROMOTION City shall control all advertising and sales promotion and provide materials for distribution by Contractor. Contractor shall assist City in conduct of promotion of all public transit service under City direction and approval. Contractor's drivers shall periodically be made available to distribute on the vehicles advertising and promotional material provided by City. Contractor shall also provide additional hours of service as requested by City for promotional work. WPC F,\II0ME'E.NGINEER\B!LL(Nl()9.93 2.2."',,2 c; Page 5 10. PERSONNEL REQUIREMENTS Contractor shall be solely responsible for payment of all employees' wages and benefits. After completion of training, HandYtrans drivers will be paid a starting wage of $5.00 per hour, will receive a $200 bonus after three months, and a pay increase to $6.00 an hour after probationary period of six months, and be reviewed for merit increases on their anniversary hire date. Contractor, without any expense to the City, shall comply with all State laws and requirements with respect to employee liability, worker's compensation, and unemployment insurance. Contractor shall also be responsible for withholding of income tax at its source from employees' wages and, furthermore, operator shall indemnify and hold hannless the City of Chula Vista, its officials and employees from any liability, damages, claims, costs and expenses of any nature arising from alleged violation of such enactments or from any claims of subrogation provided in such enactments or otherwise. 11. DRIVER HIRING AND TRAINING A. Contractor shall insure that all drivers are competent, holding valid California Class "B" license with a passenger endorsement and qualified under all applicable Federal, State, and local regulations for the operation of the type of vehicles to be used. B. Hiring Requiremepts 1. Contractor shall recruit and hire a sufficient number of drivers assigned exclusively to HandYtrans service, and shall have a sufficient number of backup drivers readily available for any and all contingencies without a disruption in service. 2. As a condition of employment under the agreement, all personnel assigned to HandYtrans service must pass tests for drug and alcohol use. Drug and alcohol screening shall be conducted prior to employment in HandYtrans service, and at a minimum, at two (2) year intervals in conjunction with a physical exam for Class B license renewal. Screening at more frequent intervals may be conducted by Contractor as permitted by law. 3. The City requires Contractor to have all employees fingerprinted and City will conduct a criminal history check on all personnel assigned to HandYtrans service. The results of the criminal history check will be confidential information and City will not release this information to Contractor. However, information obtained on the criminal record of an individual assigned to HandYtrans service may warrant City requesting Contractor to remove individual from HandYtrans service. City will pay the cost of fingerprinting. Page 6 WPC BIIOME'GNGINEER\BIlLGI809.93 .;).. ... J CJ C. Contractor shall provide thorough trammg for all personnel in the proper performance of their duties. Contractor must have a traininl! nrOl!ram encomnassinl! the National Safety Councii Defensive Drivinl! Course and instruction in First Aid and CPR nrovided bv a Qualified Red Cross instructor. This nrol!ram must also direct itself with dealinl! snecificallv with transnorting seniors. mentallv retarded. and mobility imnaired nersons. All new employees shall receive proper training and instruction at the time of hiring and prior to being assigned to the service. 12. Contractor shall provide a Location Manager with at least one year of experience in demand response transportation. The Location Manager must be available during all hours of system operation. 13. UNIFORMS Contractor shall purchase uniforms for employees and require employees to wear them. The design, type, and logo on the uniform shall be subject to City approval. Each operator shall be furnished a sufficient number of uniform changes so they will appear neat and clean at the beginning of each shift. 14. DATA COLLECTION AND REPORTING A. Contractor shall c,ollect data on the operation of the system and supply accurate data to City in a timely fashion. B. Contractor shall maintain a daily office log containing vehicle breakdown, road calls, missed trips (detailing the cause), complaints (with attached forms, description of the problem, and how solved), and any compliments received. C. On a monthlv basis, Contractor shall submit a management report containing the following data to the Transit Coordinator: 1. Number of Revenue Passengers 2. Number of HandYtrans Personal Care Attendants 3. Total Boarding Passengers 4. Number of Wheelchair Passengers 5. Total Vehicle Miles, Revenue Miles, Deadhead Miles per Vehicle 6. Total Vehicle Hours, Revenue Hours, Deadhead Hours per Vehicle 7. Number of Vehicle Accidents 8. Number of Passenger Accidents 9. Number of Road Calls 10. Number of Complaints 11. Number of Full Time Equivalent Employees (Work Hours divided by 166.66) 12. Number of Vehicle Trips 13. Average Number of Passengers Per Trip 14. Average Trip Length Per Passenger wpc p..HOME'GNGINEER\BIll.GI809.93 Page 7 .;). "';J I 15. Total Sample Responses for Deviation Time 16. Number of Arrivals Within 0-10 Minutes of Schedule 17. Number of Arrivals Within 11-20 Minutes of Schedule 18. Number of Arrivals Within 21-30 Minutes of Schedule 19. Number of Arrivals Past 30 Minutes of Schedule D. Contractor shall compile monthly reports which shall summarize the daily data collected, giving mileage, revenue and operating cost figures. Also included shall be statements of problems with proposed solutions and suggestions for future improvements in service. E. All transportation data reported to City must be in accordance with Level C of the Uniform Financial Accounting and Reporting Elements (FARE) as required under Section 15 of the Urban Mass Transportation Act of 1964, as amended, and the California Public Utilities Code, Chapter 4, Section 99273. F. All reports prepared by Contractor shall be made available to the City at no charge and shall be the property of the City. Contractor may make presentations and releases pertaining to the transportation system only with the prior permission of the City. Papers and other formal publications shall be approved by the City before they are made public. Operator will provide any other operations reports and/or data deemed necessary by the City. 15. Contractor shall coordinate closely with City on project and operation status. Contractor shall attend staff meetings with City as scheduled and perform liaison activities with City and other transportation modes or companies. 16. Contractor shall adequately equip the dispatch/operations center for the efficient dispatching of vehicles as well as handling all telephone calls. Dispatch/operations center shall have the local Chula Vista teleohone number 425-7433. Dispatch/operations. personnel shall be responsible for coordinating rides between HandYtrans and other fixed-route or dial-a-ride systems as directed by the Transit Coordinator. 17. Contractor shall be responsible for paying any and all business taxes that may be required for the operation of the service within the City of Chula Vista and the County of San Diego. 18. Contractor shall not be held responsible for losses, delays, failure to perform, or excess costs caused by events beyond the control of Contractor. Such events may include, but are not restricted to, the following: Acts of God; fire, epidemics, earthquake, flood, or other natural disaster; acts of the government; riots, strikes, war, or civil disorder; unavailability of fuel. City shall not be liable for payment under any of these events. 19. Emergency Procedures: In the event of a major emergency such as an earthquake, dam failure, or manmade catastrophe, Contractor shall make transportation and communication resources available to the degree possible for emergency assistance. If the normal line of direct authority from City is intact, Contractor shall follow instruction of City. Contractor must attempt to contact responsible City officials and if contact cannot Page 8 WPC F;H0ME'CNGINEER\BJU.GI809.93 ..2.2 ., J .2. reasonably be made, Contractor shall make best use of transportation resources following to the degree possible the direction of the City. Emergency uses of transportation may include evacuation, transportation of injured, and movement of people to food and shelter. Contractor shall be reimbursed in accordance with Section 4 or, if the normal method does not cover the types of emergency services involved, then on the basis of fair, equitable, and prompt reimbursement of Contractor's actual costs. Reimbursement for such emergency services, only undertaken under direction of the City, shall be over and above "Maximum Obligation" of this contract. Immediately after the emergency condition ceases, Contractor shall reinstate normal transportation services. 20. Audit: Contractor shall permit the authorized representatives of City, the San Diego Metropolitan Transit Development Board (MTDB), the San Diego Association of Governments (SANDAG) and the State Department of Transportation to inspect and audit all data and records of the Contractor relating to performance under this Agreement. 21. Transportation Data Reporting: Although no Federal funds are used for this project, Contractor shall repon transportation data to City in accordance with Level C of the Uniform Financial Accounting and Reporting Elements (FARE) as required under Section 15 of the Urban Mass Transportation Act of 1964 as amended and the California Public Utilities Code, Chapter 4, Section 99243. WPC F:\HOMNNGINEER\BJLLGI809.93 J .22" 33 / J.~" 3+ Page 9 . . . REQUEST FOR PROPOSALS (RFP) FOR MANAGEMENT AND OPERATION OF HANDYTRANS A DEMAND RESPONSE TRANSPORT A TION SYSTEM FOR AMERICANS WITH DISABILITIES ACT (ADA) ELIGIBLE PERSONS AND OTHER SENIORS AND DISABLED PERSONS Questions regarding the procurement process should be directed to: Bill Gustafson, Transit Coordinator City of Chula Vista 707 "F" Street Chula Vista, CA 91910 (619) 691-5260 February 1993 ;)..2 --- 3S- . TABLE OF CONTENTS I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 II. PROCUREMENT PROCESS ............................. 3 ill. SUBMISSION OF PROPOSALS .......................... 7 IV. EVALUATION CRITERIA.. .. . . .. .. . . . . .. . . .. . . . . .. . . . . 7 ATIACHMENT 1: Statement of Work ATIACHMENT 2: Draft Agreement . ATIACHMENT 3: Technical Proposal Form ATIACHMENT 4: Price Proposal Form ATIACHMENT 5: Expense Object Class Definition ATIACHMENT 6: Daily TriplFare Reconciliation Form; Daily Driver Stop Sheet ATIACHMENT 7: HandYtrans Service Area . ~ -37/J.). 38 . . . I. Introduction The Transit Division, City of Chula Vista, is soliciting proposals from qualified firms to operate HandYtrans, an advanced reservation, curb-to-curb. transportation system with two service priorities: (1) to meet the Complementary Paratransit requirements of the Americans with Disabilities Act (ADA); and (2) to provide service to non-ADA certified seniors 60 years of age and older and disabled persons of any age who have difficulty using Chula Vista Transit (CVT), the City's fixed-route bus system. HandYtrans began operation in November 1979. The existing service contract will expire on June 30, 1993. HandYtrans operates within the City of Chula Vista with minor excursions into contiguous areas of San Diego County. The HandYtrans service area generally coincides with the Chula Vista Transit (CVT) service area (Attachment 7). This service area is about twenty-five (25) square miles, and contains an estimated senior and disabled population of 18,000. The primary sources of funding for HandYtrans operations are Article 4.5 of the State of California Transportation Development Act (TDA) and Proposition A funds. These funds are administered by the San Diego Association of Governments (SANDAG) and are allocated to eligible recipients by a distribution formula. The following information pertains to HandYtrans operation for FY 1991-92 (July 1, 1991 to June 30, 1992): Hours of Operation Monday-Friday, 8:00 a.m. 10 4:30 p.m. Sunday, 8:00 a.m. 10 2:00 p.m. No'e: 0... OctoNr /,1992. wed-day o~rtJIiflB Itourl we" upanded to 7:00 am.'o 6:00 p.JtL illllCcordaN:e willi 1M MTDB HCOIIrplelMralary ParatrtlMit Service Plil"" Vehicles Monday-Friday, 4 in-service and I spare Sunday, 2 in-service and 3 spares Total Passengers 33,775 Total Hours. 8,664 Vehicle Service Hours. (revenue hours) 8,202 Total Miles. 111,339 Revenue Miles. 104,778 Passengers per Revenue Hour 4.2 Passengers per Revenue Mile 032 eDeflnltioRs: Total bours/mUes . lite DUmber or bouR/mHes I vehicle is operated, iDcludiDg bourIlm.iles c:omlllDed wbile traveliDg to aod from storagc facilitic:s aDd during otber deadbeMl1nvel. Vebk:1e service bows (revcpue boutsVvebicle service miles (reveoue miles) " 1be Dimlber or boun.tmilcl . vehicle is ill reveoue service., iDcludiDg layover time, aod exctudiDl boursImiIes coasumed while ....vdin& to aDd from stonge (acUttis aod 0Cber deadhead travel. WPC F.V/OMe.E.NGINEE/NJIUG\J12.92 Page 1 .2:2.:-39 \10 - .I Proposals will be evaluated on the basis of each fmn' s ability to meet all the standards, performance criteria and specifications contained in this RFP. Contractor shall be thoroughly knowledgeable of all requirements of the ADA pertaining to paratransit ""'" services, including both operation and equipment and shall operate HandYtrans services in conformance with these requirements. The term of the agreement will be for three (3) years, beginning on July 1, 1993 and ending on June 3D, 1996, with an option to renew for two additional years, until June 30, 1998. Contractor's responsibilities shall include but not be limited to: 1. Meeting all operations equipment and maintenance requirements contained in this RFP, and in compliance with the ADA. 2. Providing all personnel having management, operations, and maintenance expertise necessary to operate the system. 3. Providing the necessary vehicles according to the specifications detailed in Exhibit A. 4. Fare collection, accounting, and reporting. 5. Personnel administration. 6. Assisting City in marketing. 7. Scheduling and dispatching vehicles. 8. Data collection and reporting. City's responsibilities will include: 1. Establishing operations and maintenance requirements for contractor in contract document On-going service planning. Establishing fare policies and fare structure. Marketing (including printing of service brochures and ticket books). Administration and monitoring of contract. """ 2. 3. 4. 5. Proposer may submit proposals based on one or both of the following two (2) options: Option A: One service component for both eligible ambulatory and non-ambulatory (persons in wheelchairs) passengers; providing five (5) wheelchair lift-equipped vehicles; and a maximum annual 8,868 total vehicle service hours. Option B: Two service components, one for ambulatory passengers and one for non-ambulatory passengers, as follows: Component 1: Ambulatory service. Provide four (4) vehicles without wheelchair lifts; and a maximum annual 7.355 annual total hours. Component 2: Non-ambulatory service. Provide two (2) wheelchair lift-equipped vehicles; and a maximum 3.775 annual total hours. """ WPC F,V/OME.ENGlNEERIB/UIN/2,92 ;;?A-tfJ Page 2 e . . II. Procurement Process A. General Proposals for this project must be submitted in accordance with Section III entitled "Submission of Proposals." This project requires special skills and expertise. B. Tentative Schedule The tentative schedule of events for this procurement is given below: ITEM DATE (1993) 1. RFP Issued February 22 2. Pre-Proposal Conference March 4 3. Proposals Due March 29 4. Proposal Evaluation Completed April 16 5. Selection and Contract Awarded by City Council May 4 6. Contractor Starts Service July I C. Selection 1. This RFP is for a management services contract requiring special skills, expertise, and operations and management capability. All timely proposals will be examined by City staff for responsiveness as defined in Section IV.A. If deemed responsive, proposals will be examined by an evaluation panel and rated as described in Section IV.B. entitled, "QuilIitative Evaluation Criteria." The selection process will be as follows: a. The evaluation panel will review each proposal based on qualitative factors discussed in Section IVB, and assign each proposal a total score, with a maximum score of 50 points. b. After the qualitative evaluation in Section IVB, the evaluation panel will examine the cost submitted by the proposer on the Price Proposal Form. c. Based on a consideration of high qualitative score and reasonable cost, the evaluation panel will recommend a firm for selection by the City Council. The evaluation panel may invite one or more proposers to make a presentation on its proposal before a recommendation is made to the City Council. WPC Fi'J/OMe.ENG/NEE/rJI/lUN/2.92 Page 3 ~ -t-f d. It should be emphasized that this selection process is a combination of cost and qualitative factors. The award of this contract will not be based solely upon low cost; nor will the award of contract necessarily be made to the proposer whose score is the highest as a result of the evaluation procedure outlined in the section "Evaluation Criteria" (Section IV). The Chula Vista City Council will award the contract to the proposer who best meets the needs of the City of Chula Vista for providing service, as specified in this HandYtrans RFP. '"" 2. Please note the following concerning Options A and B: a. The annual hours required under Option A is 8;868; the annual hours required under Option B is 11.130 which includes both Components 1 and 2. b. The intent of this RFP is to provide comparable service to HandYtrans passengers under either Options A or B. Because Option B is composed of two service components, the interchangability of vehicles for both ambulatory and non-ambulatory passengers is restricted; therefore, Option B requires the provision of a greater number of annual hours to be comparable to Option A. -"'"" c. Option A is the preferred service method; City staff may recommend an Option B service method to the City Council only if the following conditions are met: (1) There are substantial cost savings compared with Option A; and (2) The qualitative evaluation of an Option B proposal is at least comparable to or exceeds an Option A proposal. 3. Proposals will be evaluated on responses to questions and information contained in the Technical Proposal Form. Proposer's responses should be clear and specific. General or ambiguous statements will be considered indicative of a lack of understanding of the scope of work required for this contract. For example, statements about personnel to be hired by proposer without indicating the number of personnel and their duties, or inclusion of personnel in the proposal who will not be directly involved in HandYtrans operations, will not be considered in the evaluation process. 4. City reserves the right to withdraw this RFP at any time without prior notice. City makes no representations that any agreement will be awarded to any proposer responding to this RFP. City reserves the right to reject any and all proposals responding to this RFP without indicating any ""'" WPC Fi>lIOME>ENGINEEINJ/UGIJ/2.92 ~-1f2-.. Page 4 . . . reasons for such rejection(s). City reserves the right to waive any minor irregularities as part of this RFP process. 5. Negotiations mayor may not be conducted with proposers. Therefore, proposers should make their proposal as advantageous \0 City as possible since selection may be made without discussion with any proposer. 6. All proposals and attached material submitted by proposers will be available for public review at the time of award by the City Council. 7. A draft agreement is included in this RFP as Attachment 2. This agreement contains specific requirements of the City of Chula Vista, some of which may affect proposer's cost. Therefore, proposer should be aware of the terms and conditions of the draft agreement and develop its proposal accordingly. D. RFP Addenda Any changes to this RFP will be made by addendum, sent by registered mail, return receipt requested. Proposer responses to all addenda shall be signed and attached to the respective Proposal Form. Failure to attach any addenda shall cause the proposal to be considered non-responsive. Such proposals will be rejected. E. Federal Transportation Administration (FT A) Section 3 (e) Clearance of Public Transit Operators A proposal submitted by a public transit operator who is receiving or has received federal subsidy shall adhere to either of the following two requirements as part of the proposal: 1. A statement or certificate of compliance from FT A or the operator's governing board that the proposal complies with Section 3 (e); or , Proposer shall submit a detailed breakdown of all cost allocations in proposer's bid ensuring compliance with Section 3(e). Cost allocations shall insure that the full cost of operation with respect to this proposal has been included in the cost proposal. 2. F. Precontractual Expenses Precontractual Expenses are defined as expenses incurred by proposers and selected contractor in: 1. Preparing a proposal in response to this RFP; 2. Submitting a proposal to City; WPC F.VlOMe.ENG/NEElNJIu.t:N12.92 Page 5 M -+3 3. Negotiations (if any) with City on any matter relating to the proposal; 4. Any other expenses incurred by proposer or contractor prior to date of award of any contract. ~ City shall not be liable for any precontractual expenses incurred by any proposer or selected contractor. Proposers shall not include any such expenses as part of the price proposed in response to this RFP. City shall be held hannless and free from any and all liability claims or expenses whatsoever incurred by or on behalf of any person, or organization responding to this RFP. G. Verbal Agreement or Conversation No prior, current, or post award verbal agreement or agreements with any officer, agent, or employee of City shall affect or modify any terms or obligations of this RFP or any contract resulting from this procurement. H. Special Funding Considerations Any contract resulting from this RFP will be financed with funds available under Article 4.5 of the California Transportation Development Act (TDA) and Proposition A funds. The contract for this service is contingent upon the receipt of these funds. In the event that funding from these sources are eliminated or decreased, City reserves the right to terminate any contract or modify it accordingly. .-" I. Alternatives and Exceptions Proposers may not submit alternative proposals other than the two (2) options provided for in this RFP or take exception or make alterations to any requirements of the RFP. If more than one completed proposal is received from one organization for either options A and/or B, or alterations made thereto, all proposals from that organization will be rejected as non-responsive. Since City desires to enter into one contract to provide all services as specified in this RFP, only those proposals to provide all services will be considered responsive. J. Pre-Proposal Conference The Pre-proposal Conference will be held on Thursday, March 4, 1993, starting at 10:00 a.m. in Conference Rooms 2 and 3 at Chula Vista Civic Center, 276 Fourth Ave., Chula Vista, California. The main purpose of this Conference is to clarify any questions potential proposers may have about this RFP. Persons or firms intending to submit proposals in response to this RFP are strongly urged to attend this conference. . ~ \We F.VlOME>ENGINEElllBIUG\m.92 eZJ..-44 Page 6 . . . ill. IV. Submission of Proposals Proposals must include eight (8) comDlete sets of signed copies of the Technical PrODosal E2m!. (Attachment 3) and any additional sheets used to amplify responses to items in the Technical Proposal Form. Eight (8) cODies of the attached Price PrODosal Form (Attachment 4) shall be submitted in a seDarate sealed enveloDe clearlv marked Price ProDosal Submitted Bv (Name of Proposer). Proposers may refer to Attachment 5, "Expense Object Class Definitions" for assistance in completing the Price Proposal Form. Proposals that do not include all required forms, correct number of complete copies, or do not have answers included for every question on all forms may be deemed non-responsive and may be returned to the proposer. Proposals must be delivered to Bill Gustafson, Transit Coordinator, Chula Vista Public Works Building, 707 "F" Street, Chula Vista, California, 91910. Proposals must be received by 2:00 p.m. on Monday, March 29, 1993. If mail delivery is used, the proposer should mail documents early enough to provide for arrival by this deadline. The proposer uses mail service at its own risk. City will not be liable or responsible for any late delivery of proposals. Proposals received after the date and time specified will not be considered, and will be returned to the proposer unopened. Evaluation Criteria The evaluation component of this RFP process is divided into three parts: non-scored evaluation criteria; an evaluation of qualitative factors by a panel for a maximum score of 50 points; and cost. Proposers may submit proposals for Option A and/or Option B. Therefore, each proposer mav submit a maximum of two oDtions. Each option will be evaluated separately by the evaluation panel. Each evaluation panel member's score for each option will be averaged with all panel members' evaluation scores to determine one qualitative score for each option submitted. A. Non-scored Evaluation Criteria 1. To be considered a resDonsive proposer, the proposal must satisfy both of the following requirements: a. The proposer/firm or proposer's key personnel must have had at least two (2) years' experience in providing demand-responsive transportation service for seniors and disabled persons; and b. The proposer must have and identify a Location Manager, who has had at least one (1) year's experience in managing demand-responsive transportation service for seniors and disabled persons, and who will manage the HandYtrans system. (Management responsibility means direct supervision of drivers, WPC F.VlOM1NiNGINEEIM/UGJ/2.92 Pagt 7 M - 4--) dispatchers and any other personnel, and in charge of all other requirements of this service as discussed in this RFP.) ~ 2. To be considered a resDonsive proposer, the proposer must identify the vehicles to be provided as stipulated in Attachment I, Section 6 and Section 7 (Statement of Work), for Option A and/or Option B in the Technical PrODoSal Form. Section 13 and 14 (Attachment 3). The vehicles shall be in good condition as evidenced by but not limited to: a) No dents b) Paint in good condition c) No broken or cracked windows d) No tom interior surfaces including seats e) Clean interior surfaces The vehicles proposed shall be the vehicles utilized unless prior written permission is obtained from the City's Transit Coordinator. The successful contractor shall make available for inspection by the Transit Coordinator all vehicles to be provided within ten (10) days after selection by the City Council. ExceDtion: If new vehicles are proposed and will not be available for inspection within ten (10) days after selection by the City Council, then the proposer must make the vehicles available for ~ inspection by June 15, 1993 and include the following information in the proposal submitted to City: 1. A statement from the vehicle dealer or manufacturer that the vehicles will be available for inspection by June 15, 1993; and 2. A brochure containing specifications of vehicles to be used including a drawing or photograph; and 3. An indication of where a vehicle comparable to the vehicles to be used in HandYtrans service can be inspected by the Transit Coordinator within ten (10) days after selection by the City Council. If upon inspection any vehicle fails to meet the specifications detailed in Attachment 1, Section 6 or Section 7, or the criteria outlined in this Section, the agreement between the City and the contractor shall be null and void. 3. Maintenance Facility A. To be considered a resDonsive proposer the proposer must identify one of the following: """'" WPC F."HOMElENGlNEEIM/ULN/2.92 ~ -4(; Page 8 . . . 1. 2. A current maintenance facility, or A proposed subcontractor with an existing mainten:mce facility. B. The maintenance facility or proposed subcontractor must have at a minimum, materials and support equipment including maintenance tools necessary to: 1. Clean the vehicles 2. Lubricate the vehicles 3. Perform periodic maintenance service and adjustments to keep the vehicles in a safe and reliable operating condition. 4. Bonds Required In order to be considered a resDonsive proposer, the following bonding requirements must be submitted with the proposal: a) Bid Bond: equal to or greater than 10% of the proposed cost for one year, July I, 1993 to June 30, 1994; b) Performance Bond. The DroDosal shall be accomDanied bv a letter from a comorate surety satisfactorv to City stating that DrODoser is bondable in the amount of $50,000. The successful contractor will be required to furnish a performance bond as surety for the faithful performance of this agreement within 10 days after selection by the City Council. The performance bond will be in the amount of $50,000. B. Qualitative Evaluation Criteria (maximum of 50 points) 1. ADProach to Svstem Management (maximum 25 points): An evaluation of how the proposer will ensure a high-quality, cost-effective, demand response service. Considerations include: management processes, an effective safety program, familiarity with ADA requirements, key staff personnel and responsibilities that will be assigned exclusively to HandYttans operations. In addition, City recognizes that the smooth and proper operation of HandYtrans depends largely on the competence, management ability, and experience of the Contractor's Location Supervisor and other supervisory personnel. In the contractor evaluatiOn process, City will therefore evaluate the resumes and references of these key personnel whose names appear in the Technical Proposal Form. Following is a more detailed explanation of how the criteria will be evaluated. WPC F.'v/OMe.ENGlNEElNJIUJN12.92 Page 9 ~-f7 (a) Location Manal!er (maximum 5 points) POINTS """ o 5 Experience: Minimum one (1) year's management or supervisory experience with system of equal or larger size than HandYttans. Experience: Exceeds minimum requirements. (b) Manal!ement PrOI!Tam (maximum 20 points): Includes proposer's comprehensive plan for system start-up and operation, dispatch location, and hiring and training of employees as described on page 9 of 16, Technical ProDosal Form. POINTS o 20 Program not detailed or lacking quality control procedures. Detailed program to show how system will be operated to provide quality service. 2. Maintenance CaDabilitv (maximum 10 points): An evaluation of the proposer's capability to carry out the preventative maintenance and repair program as described on page 10 of 16, Technical ProDosal Form. The evaluation panel may inspect existing or proposed maintenance operations and facilities. "'"' POINTS o 10 No detailed maintenance program. Detailed, comprehensive maintenance program. 3. Exoerience (maximum 10 points): Points for this criterion will be assigned based on a review of the length and amount of experience and relevancy of that experience which a proposer and/or key personnel has had in management and operations of a senior and disabled demand response system of at least comparable size to HandYtrans. This evaluation will also consider experience of personnel that will be directly involved in operations. (Two [2J years' minimum experience required as per Section IV.A.) "'"' WPC F.WOME.ENGlNEElN//1.UN/2.92 Page 10 ~-~ . . e o POINTS 2 4 6 8 10 3-4 yr. experience 4-5 yr. experience 5-6 yr. experience 6-7 yr. experience 2-3 yr. experience 4. Evaluation of References (maximum 5 points): Staff will contact at least three references listed by each proposer and will conduct an interview. A maximum of 5 points will be assigned for this criterion based on reference response which rates proposer on a scale from 5 to O. A score of "5" is "Excellent" and "0" means "Would Not Hire Again." c. Cost Total cost includes: lump sum start-up costs (if any); a fixed monthly cost; and a cost per vehicle service hour. Total cost will be evaluated and will include the total cost for the complete three (3) year contract term as stipulated in the Price Proposal Form (Attachment 4). If the vehicle service hours of 8,868 under Option A, or 11,130 under Option B increase or decrease by more than 20% during any year of the Agreement, then the cost per service hour may be renegotiated. Any change in the daily operating hours shall result in the fixed monthly rate being adjusted' as follows: the cost proposed for each year of the agreement shall contain an hourly rate for the fixed monthly rate; an increase in the daily operating hours shall result in the hourly rate being added to the fixed monthly rate, and a decrease in the daily operating hours shall result in the hourly rate being subtracted from the fixed monthly rate. Page 11 WPC F.'HOM/MNGlNEEJM/UCN/2.92 2.Z ~ 49 ATTACHMENT 1 STATEMENT OF WORK -", MANAGEMENT & OPERATION OF HANDYTRANS, A DEMAND RESPONSE TRANSPORTATION SYSTEM FOR AMERICANS WITH DISABILITIES ACT (ADA) ELIGmLE PERSONS AND OTHER SENIORS AND DISABLED PERSONS 1. ~ODUC110N The Contractor will provide management and operations of a demand response transportation system meeting the requirement of the ADA, serving the City of Chula Vista and portions of San Diego County adjacent to the City. This service area covers an estimated twenty-five (25) square miles and has an estimated 18,000 seniors and disabled persons. This service area generally coincides with the service area of Chula Vista Transit (CVT). 2. SERVICE PROVISION - OPTION A A. Service Allocation - Option A 1) 2) 3) 4) Davs of Service: Monday through Friday, and Sunday Hours of Service: Monday through Friday: 7 a.m. to 6:00 p.m. Sunday: 8:00 a.m. to 2:00 p.m. Annual Vehicle Service Hours: 8,868 Service not provided on the following holidays: New Year's Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day, and Christmas Day. -., B. Vehicle Utilization - Option A 1) Contractor shall provide five (5) lift-equipped vehicles. 2) One vehicle shaJl be provided by Contractor as a spare. 3) Contractor is responsible for: providing service to meet demand during the days and hours specified in Section 2A; and for allocating vehicle service hours so as not to exceed 8,868 annual vehicle service hours. 3. SERVICE PROVISION - OPTION B A. Service Allocation - Option B 1) Davs of Service: Monday through Friday, and Sunday """ WPC F.'HOMe.ENG/NEEINJ/UIN/2.92 ~-s:o Pas, I of II Attachmtnt I . . . 4. 5. , 2) 3) 4) Hours of Service: Monday through Friday: 7:00 a.m. to 6:00 p.m. Sunday: 8:00 a.m. to 2:00 p.m. Annual Vehicle Service Hours - 11,130 Service not provided on the following holidays: New Year's Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day, and Christmas Day. B. Vehicle Utilization - ODtion B 1) Comoonent 1: Ambulatory Service a. Contractor shall provide four (4) vehicles. b. One vehicle shall be available as a spare. 2) Comoonent 2: Non-ambulatory Service a. Contractor shall provide two (2) lift-equipped vehicles. b. One (1) vehicle shall be used by Contractor as a spare and to supplement operations if warranted by demand. ELIGffiILITY Certification of ADA eligible persons will be done by the Coordinated Transportation Service Agency (CTSA). Contractor will be responsible for screening non-ADA certified persons. Any senior or disabled individual may use the system. A senior, for purposes of this project, is defined as 60 years of age or older. Any disabled individual, regardless of age, who cannot use, or would have difficulty using, fixed-route transit. services in the Chula Vista area, may use HandYtrans. Questions concerning client eligibility shall be directed to the Transit Coordinator or his designated representative; questions concerning ADA eligibility shall be directed to the CTSA. SYSTEM OPERA nON A. Contractor shall operate the system in compliance with City operating policies and local, state, and federaliaws and regulations applicable to this service. Contractor shall be thoroughly familiar with, and comply with, all ADA requirements related to this service, including regional coordination efforts such as regional fare and transfer policies. B. Contractor's preparation for the transportation service shall comprise those tasks required to make the system operational, including an initial training and safety' program and service area familiarization. C. Contractor's service shall include, but shall not be limited to the following: Day-to-day operation of the service, including executive and administrative Wl'C F.VlOMe.ENGINEEIM/llGJ/2.92 Page 2 of II Attachment J #- .- s-r management; employee supervision, and training of all personnel, (including drivers, dispatchers, radio personnel, supervisors, and maintenance personnel); ~ maintaining a list of backup drivers who will be readily available in the absence of regular drivers to insure operation of the system; maintenance and repair of equipment; negotiation and administration of subcontracts; providing for public relations and marketing associated with this agreement as specified by City; preparation of budgets, analysis, and reports of fmancial and other maners pertaining to the project's operations; clerical, statistical, and bookkeeping services as required in this agreement; and such other work as may be necessary to comply with the requirements contained herein. D. Contractor shall test and interview all applicants, and train all successful applicants. Contractor's personnel wages and work hours shall be in accord with all government regulations affecting such personnel. E. Management of the day-to-day operations of the system shall be vested in the Contractor's location manager, who shall be an experienced employee of the Contractor. In addition, a responsible employee of the Contractor shall be available at all times, either by phone or in person to make decisions or provide coordination as necessary. F. City places a premium on good system management and operation. Contractor should strive to have vehicles arrive at scheduled pickup points as close to the designated time as possible (at least 95% of all pickups shall be made within 0-20 minutes of scheduled pickup time). Passengers should be informed by Contractor of any unforeseen delays. ....." G. Contractor's drivers shall repon to the location manager all hazardous conditions (e.g., downed trees and signs) in the service area. Contractor, in turn, shall immediately notify the appropriate governmental authority of such conditions and shall take necessary precautions to safeguard passengers and Contractor's personnel. H. , Trip priority shall be given to ADA cenified persons. The ADA regulations require that "next day service" be provided; therefore, requests for service for a panicular day must be accommodated by Contractor the preceding day during HandYtrans operating hours. Since HandYtrans currently does not operate on Saturday, requests for Sunday service made on Saturday must be accommodated by Contractor; options to meet the requirement include the use of an answering machine or an answering service. Confirmation of requests for Sunday service must be made by 5:00 p.rn. on Saturday. Tbe current HandYtrans number is 425-7433; Contractor sbaIl obtain this number for patrons to call for making reservations. The Contractor will arrange origin to destination transponation in a manner designed to accommodate the greatest number of passengers over the shonest feasible route. Dispatching of vehicles may take place with less than 24-hour reservation should time and availability permit Patrons will be requested to give point of origin, point of destination, and number ""'" Page 3 of 11 Artachment] W1'C F.V/OMUNGfNEElM/UGI3/2.92 .z.z.-s- ,;( . of persons in the party. Patrons will be advised of time of pickup. Contractor will dispatch a vehicle to the point where service is requested. If additional call(s) on a demand basis are received for pickups in the vicinity of the first call or near the routing of patrons in the vehicle, and capacity permits, the vehicle shall deviate from routing to pick up additional passenger(s). Contractor shall do everything possible to avoid any undue delay of any patron, either at the point of pickup or en route. Patrons shall not, however, have any control over the route selected. Pickup of patron shall occur sometime within three (3) minutes before the time indicated by the dispatcher and not more than seven (7) minutes after the scheduled pickup time. Contractor's vehicles shall not wait for the patrons more than two (2) minutes at any point after sounding horn. No animals may be transported by the system, except for dogs or other animals as permitted under the ADA accompanying a disabled person. Drivers shall offer reasonable assistance to patrons entering and exiting the vehicle, but are not required to assist passengers to or from the building, facility or structure which may be patron's point of origin or final destination. Patrons who require such special assistance are encouraged to travel with a companion or attendant who may ride HandYtrans at no charge. In addition, operator has the authority to limit the number and size of parcels or any other objects, that a patron may transport in order to ensure the safety and convenience of other patrons. 6. VEHICLES - OPTION A . Contractor shall be responsible for providing five (5) vehicles all of which shall be wheelchair lift-equipped, with the following general specifications: A. Capacity: All five (5) vehicles shall have a minimum capacity of twelve (12) forward facing seats for passengers, and three (3) wheelchair positions equipped with seats to accommodate ambulatory passengers when the wheelchair position(s) are not in use. Wheelchair positions shall be located in the rear of all vehicles, and wheelchair access to all vehicles shall be in the rear of vehicles. B. Radios: Contractor will provide a communication system, including a base unit and mobile units for each vehicle, to be operated on an approved motor carrier frequency. Contractor shall be responsible for installation and maintenance of all radio eauipment. C. Fareboxes: Each vehicle shall be equipped with one locked farebox. Contractor shall be responsible for providing and installing said farebox near the front passenger entrance door. D. Wheelchair Restraints: Each wheelchair station shall be equipped with a secure restraint device that will secure the wheelchair to the vehicle and the wheelchair passenger in their wheelchair. These devices shall be adjustable to accommodate various size wheelchairs, and shall meet ADA requirements. . E. Seat Belts: Ail seats shall be equipped with seat belts. WPC F.VlOMfMNGINEEINJ/I.UN/2.92 Page 4 of 11 Attachment 1 f<.Z-S3- F. Electrical and Cooline: Svstem SDecifications: Each vehicle shall be equipped with a heavy-duty battery, a heavy-duty alternator, anJ a heavy-duty cooling system. -... G. Air Conditionine:: All vehicles must have functional air conditioning units which shall be operated as needed for the comfort of passengers. H. Identification: Prior to July I, 1993. all vehicles shall be identified "HandYtrans" on both sides, front and rear of vehicles. Vehicles shall be painted blue and white. This identification and paint scheme shall be in a size and style to be approved by City. I. Vehicle Ae:e: Vehicle must be 1992 model vear or later. 7. VEHICLES - OPTION B A. Component 1: Non-accessible vehicles Contractor shall be responsible for providing four (4) vehicles with the following general specifications: 1. Capacitv: All vehicles shall have a minimum capacity of four (4) adult passengers plus the driver. 2. Seat Belts: Seat belts shall be available for each seated passenger. ~ 3. Air Conditionine:: All vehicles must have functional air conditioning units which shall be operated as needed for the comfort of passengers. 4. Identification: Prior to July I, 1993, all vehicles shall be identified "HandY trans" on at least two sides of the vehicle in a size and style to be approved by the City. 5. Vehicle Ae:e: Vehicles must be 1992 model vear or later. B. Component 2: Accessible Vehicles Contractor shall be responsible for providing two (2) vehicles, both of which shall be lift-equipped, with the following general specifications: 1. Capacitv: Both vehicles shall have a minimum capacity of twelve (12) forward facing seats for ambulatory passengers, and three (3) wheelchair positions equipped with seats to accommodate ambulatory passengers when the wheelchair position(s) are not in use. Wheelchair positions shall be located in the rear of vehicles. and wheelchair access shall be in the rear of vehicles. ~ Wl'C F.'J/OMIN:NGlNEElNJI/LGIJJ2.92 t<.:< - y;4 Page 5 of 11 Al/aeNnenl J . . . 2. Wheelchair Restraints: Each wheelchair station shall be equipped with a secure restraint device that will secure the wheelchair to the vehicle and the wheelchair passenger in their wheelchair. These devices shall be adjustable to accommodate various size wheelchairs, and shall meet ADA requirements. 3. Seat Belts: All seats shall be equipped with seat belts. 4. Electrical and Cooling Svstem Specifications: Each vehicle shall be equipped with a heavy-duty battery, a heavy-duty alternator, and a heavy-duty cooling system. 5. Air Conditioning: All vehicles must have functional air conditioning units which shall be operated as needed for the comfort of passengers. 6. Identification: Prior to July I, 1993, all vehicles shall be identified "HandYtrans" on both sides, front and rear of vehicles. Vehicles shall be painted blue and white. This identification and paint scheme shall be in a size and style to be approved by City. 7. Vehicle Age: Vehicle must be 1992 model vear or later. C. Radios: Contractor will provide a communication system, including a base unit and mobile units for each vehicle, to be operated on an approved motor carrier frequency. Contractor shall be responsible for installation and maintenance of all radio eQuipment. D. Fareboxes: Vehicles operated under Option B must have a farebox, or alternate means of fare collection, acceptable to the City. 8. MAINTENANCE AND CLEANING OF VEHICLES For both Options A and B, the Contractor must furnish and maintain vehicles in good working condition and in good physical appearance. Each used vehicle must have a documented performance history. The City reserves the right, in its sole discretion, to reject by notice to Contractor, any vehicle the Contractor proposes to use or subsequently uses in the performance of this service which the City deems unacceptable. Contractor shall be responsible for having all maintenance work and cleaning performed on all vehicles utilized in the provision of service associated with this Agreement. Maintenance work shall include, but not be limited to all tires, parts, labor, fuel, and lubricants. Contractor shall allow City access to Contractor's facilities and activities for purposes of monitoring Contractor's maintenance performance. WPC F."lIOMlNlNGINEE/Nll/.LGl311.92 Page 6 of II Attachmentl ~-Sy- The interior of all vehicles used in HandYtrans service shall be cleaned daily; the exterior of all vehicles shall be washed a minimum of two (2) times per week. Safety and mechanical equipment, including wheelchair lifts, shall be maintained in accordance with all applicable laws and regulations, including Title 13, Article 2 of the California Administrative Code (Motor Carrier Safety Regulations) and Division 12 of the California Vehicle Code (Equipment of Vehicles). Contractor shall provide the City with copies of the annual California Highway Patrol Reports. The City reserves the right to make periodic inspections of Contractor's vehicles used in this service. """" Contractor shall also be responsible for all maintenance and repair work associated with the mobile radio system. 9. FARES Fares and transfer policies related to the service contained in the agreement will be determined and established by the City and the Metropolitan Transit Development Board (MTDB). Policies will be in accordance with Section 99268.5 of the Public Utilities Code, which requires a fare revenue return of ten percent (10%) of the operating expense. Contractor must recover at least ten percent (10%) of operating expenses from fare box revenue. Failure to maintain this return may lead to termination of the contract. One way cash fares shall be $2.00 under both Options A and B for FY 1993-94; transfers to and from other fIxed-route and paratransit systems for ADA certifIed persons are permitted. .""" Fares collected are the responsibility of the contractor and shall be deposited by the contractor daily at a bank mutually agreed upon by Contractor and City. No change will be made by the drivers. Contractor is responsible for any fare revenue losses or shortages until deposited. (A sample of the Daily Trip/Fare Reconciliation form and Daily Driver Stop sheet are provided as Attachment 6.) 10. SERVICE PERFORMANCE The goal of this service is to provide reliable, effective, and efficient transportation for ADA certifIed and other senior and disabled residents of the HandYtrans service area. The Contractor shall take all actions necessary to accomplish this goal while minimizing the cost of service to the City. The Agreement between City and Contractor will contain Liquidated Damages to ensure quality service. ....... 29 -S-c Page 7 of II Atlachment I Wl'C F.'oJIOME>ENGfNEE/Mllu.G\312.92 . . . 11. ADVERTISING AND SALES PROMOTION City shall control all advertising and sales promotion and provide materials for distribution by Contractor. Contractor shall assist City in conduct of promotion of all public transit service under City direction and approval. Contractor's drivers shall periodically be made available to distribute on the vehicles advertising and promotional material provided by City. Contractor shall also provide additional hours of service as requested by City for promotional work. 12. PERSONNEL REQUIREMENTS Contractor shall be solely responsible for payment of all employees' wages and benefits. Contractor, without any expense to the City, shall comply with all State laws and requirements with respect to employee liability, worker's compensation, and unemployment insurance. Contractor shall also be responsible for withholding of income tax at its source from employees' wages and, furthermore, operator shall indemnify and hold harmless the City of Chula Vista, its officials and employees from any liability, damages, claims, costs and expenses of any nature arising from alleged violation of such enactments or from any claims of subrogation provided in such enactments or otherwise. 13. DRIVER HIRING AND TRAINING A. Contractor shall insure that all drivers are competent, holding valid California Class "B" license with a passenger endorsement and qualified under all applicable Federal, State, and local regulations for the operation of the type of vehicles to be used. B. Hiring Requirements 1. Contractor shall recruit and hire a sufficient number of drivers assigned exclusively to HandYtrans service, and shall have a sufficient number of backup drivers readily available for any and all contingencies without a disruption in service. 2. As a condition of employment under the agreement, all personnel assigned to HandYtrans service must pass tests for drug and alcohol use. Drug and alcohol screening shall be conducted prior to employment in HandYtrans service, and at a minimum, at two (2) year intervals in conjunction with a physical exam for Class B license renewal. Screening at more frequent intervals may be conducted by Contractor as permitted by law. 3. The City requires Contractor to have all employees fingerprinted and City will conduct a criminal history check on all personnel assigned to HandYtrans service. The results of the criminal history check will be confidential information and City will not release this information to Contractor. However, information obtained on the criminal record of WPC Fi>lfOME>ENGlNEE/NJILLl:N12.92 . Page 8 of 11 Attachment 1 :22-37 an individual assigned to HandYtrans service may warrant City requesting Contractor to remove individual from HandYtrans service. City will pay the cost of fingerprinting. -""'"I, C. Contractor shall provide thorough training for all personnel in the proper performance of their duties. Contractor must have a training DrolmU11 encomDassing the National Safetv Council Defensive Driving Course and instruction in First Aid and CPR Drovided by a Qualified Red Cross instructor. This DrOgram must also direct itself with dealing sDecifically with transDorting seniors. mentally retarded. and mobility irnDaired Dersons. All new employees shall receive proper training and instruction at the time of hiring and prior to being assigned to the service. This hiring and training Droe:ram must be described fullv and submitted to the City for review as stioulated in Ouestion II of the Technical Prooosal Form. 14. Contractor shall provide a Location Manager with a least one year of experience in demand response transportation. The Location Manager must be available during all hours of system operation. Contractor's oersonnel who will be assigned to this oroiect must be listed in the Technical Prooosal Form (Ouestion 8). 15. UNIFORMS -""'"I, Contractor shall purchase uniforms for employees and require employees to wear them. The design, type, and logo on the uniform shall be subject to City approval. Each operator shall be furnished a sufficient number of uniform changes so they will appear neat and clean at the beginning of each shift. 16. DATA COLLECTION AND REPORTING A. Contractor shall collect data on the operation of the system and supply accurate data to City in a timely fashion. B. Contractor shall maintain a daily office log containing vehicle breakdown, road calls, missed trips (detailing the cause), complaints (with attached forms, description of the problem, and how solved), and any compliments received. C. On a monthlv basis, Contractor shall submit a management report containing the following data to the Transit Coordinator: 1. 2. 3. 4. 5. Number of Revenue Passengers Number of HandYtrans Personal Care Attendants Total Boarding Passengers Number of Wheelchair Passengers Total Vehicle Miles, Revenue Miles, Deadhead Miles per Vehicle -.. WPC Fi,HOMlMNGINEEINIIUJ:N12.92 ~-fg Page 9 of 11 Atlachmenll . 6. Total Vehicle Hours. Revenue Hours, Deadhead Hours per Vehicle 7. Number of Vehicle Accidents 8. Number of Passenger Accidents 9. Number of Road Calls 10. Number of Complaints 11. Number of Full Time Equivalent Employees (Work Hours divided by 166.66) 12. Number of Vehicle Trips 13. Average Number of Passengers Per Trip 14. Average Trip Length Per Passenger 15. Total Sample Responses for Deviation Time 16. Number of Arrivals Within 0-10 Minutes of Schedule 17. Number of Arrivals Within 11-20 Minutes of Schedule 18. Number of Arrivals Within 21-30 Minutes of Schedule 19. Number of Arrivals Past 30 Minutes of Schedule D. Contractor shall compile monthly reports which shall summarize the daily data collected, giving mileage, revenue and operating cost figures. Also included shall be statements of problems with proposed solutions and suggestions for future improvements in service. E. All transportation data reported to City must be in accordance with Level C of the Uniform Financial Accounting and Reporting Elements (FARE) as required under Section 15 of the Urban Mass Transportation Act of 1964, as amended, and the California Public Utilities Code, Chapter 4, Section 99273. . F. All reports prepared by Contractor shall be made available to the City at no charge and shall be the property of the City. Contractor may make presentations and releases pertaining to the transportation system only with the prior permission of the City. Papers and other formal publications shall be approved by the City before they are made public. Operator will provide any other operations reports and/or data deemed necessary by the City. 17. Contractor shall coordinate closely with City on project and operation status. Contractor shall attend staff meetings with City as scheduled and perform liaison activities with City and other transportation modes or companies. 18. Contractor shall adequately equip the dispatch/operations center for the efficient dispatching of vehicles as well as handling all telephone calls. DiSDatch/ooerations center shall have the local Chula Vista telephone number 425-7433. Dispatch/operations personnel shall be responsible for coordinating rides between HandYtrans and other fixed-route or dial-a-ride systems as directed by the Transit Coordinator. 19. Contractor shall be responsible for paying any and all business taxes that may be required for the operation of the service within the City of Chula Vista and the County of San Diego. . WPC FNIOMTMNGINEE/MIUlN12.92 Page 10 of II Attachment 1 ~s? 20. Insurance Contractor represents that it and its agents, staff and 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 V" or better, or shall meet with the approval of the City: A. StatutOry Worker's Comuensation Insurance and Emplover's Liabilitv Insurance coverage in the amount of $1,000,000. B. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount of $5,000,000, combined single limit applied separately to each project away from premises owned or rented by Contractor, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). C. Performance Bond in the amount of $50,000 by a surety and in a form satisfactory to the City Attorney. D. Fidelitv Bond in the amount of $50,000 which shall cover Contractor employees protecting City from employee theft with respect to any occurrence by Contractor's employees. ""'""\ E. 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 cancelled 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. -.. WPC F.V10Me.ENGlNEE/MJ//.LGIJ/2.92 60<..-60 Page 11 of 11 AI/aehme,,' I . . . ATTACHMENT 2 DRAFT AGREEMENT Agreement between City of Chula Vista and hereinafter referred to as "Contractor" for Demand Response Transportation Service This agreement dated for the purposes of reference only, and effective as of the date last executed unless another date is otherwise specified in Exhibit A, Paragraph 1 is between the City, whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the attached Exhibit A, paragraph 4, as Contractor, whose business form is set forth on Exhibit A, paragraph 5, and whose place of business and telephone numbers are set forth on Exhibit A. paragraph 6 and is made with reference to the following facts: Recitals Whereas, the City desires to operate a transportation system to serve persons certified for Complementary Paratransit Service under the American with Disabilities Act (ADA) and other senior and disabled persons, provided Transportation Development Act (TDA) Article 4.5 funds and Proposition A funds are available; and Whereas, Article 4.5 and Proposition A funds and are administered by the San Diego Association of Governments (SANDAG) and allocated to the City by SANDAG based on a distribution formula; and Whereas, the City's Complementary Paratransit System for ADA certified persons is called "HandY trans'" and . ' Whereas, Contractor has the management and technical personnel, expertise, and other assets useful for the operation of HandYtrans; and Whereas, City is desirous of obtaining such services for HandYtrans; and Whereas, Contractor is desirous of providing such service; Whereas, Contractor warrants and represents that they are experienced and staffed in a manner such that they are and can prepare and deliver the services required of Contractor to City within the timeframes herein provided all in accordance with the terms and conditions of this Agreement; WPC F.V/OMNNGINEEJMIU.lN12.92 ~-r;( Page 1 of 11 Attachment 2 NOW, THEREFORE, BE IT RESOLVED that the City and Contractor do hereby mutually agree as follows: --.. 1. Contractor's Duties A. General Duties Contractor shall perform all of the services described on the attached Exhibit A, Paragraph 7, entitled "General Duties"; and, B. Scope of Work and Schedule In the process of performing and delivering said "General Duties", Contractor shall also perform all of the services described in Exhibit A, Paragraph 8, entitled" Scope of Work and Schedule", not inconsistent with the General Duties, according to, and within the time frames set forth in Exhibit A, Paragraph 8, and deliver to City such Deliverables as are identified in Exhibit A, Paragraph 8, within the time frames set forth therein, time being of the essence of this agreement The General Duties and the work and deliverables required in the Scope of Work and Schedule shall be herein referred to as the "Defined Services". Failure to complete the Defined Services by the times indicated does not, except at the option of the City, operate to terminate this Agreement. C. Reductions or Increases in Scope of Work ""'" City may independently, or upon request from Contractor, from time to time reduce or increase the Defined Services to be performed by the Contractor under this Agreement Upon doing so, City and Contractor agree to meet in good faith and confer for the purpose of negotiating a corresponding change in the compensation associated with said change. An increase or decrease in the annual vehicle service hours, bv more than 20% during any year of the agreement may result in compensation being negotiated. D. Additional Services In addition to performing the Defined Services herein set forth, City may require Contractor to perform additional services related to the Defined Services ("Additional Services"), and upon doing so in writing, if they are within the scope of services offered by Contractor, Contractor shall perform same on a time and materials basis at the rates set forth in the "Rate Schedule" in Exhibit A, Paragraph 11 (C), unless a separate fixed fee is otherwise agreed upon. All compensation for Additional Services shall be paid monthly as billed. E. Standard of Care Contractor, in performing any Services under this agreement, whether Defmed Services or Additional Services, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. ""'" Wl'C F.'J/OMN:NG/NEEINl//liN/2.92 :<~~ Pagel of 11 Allachntenl 2 F. Insurance . Contractor represents that it and its agents, staff and subconsultants employed by it in connection with the Services required to be rendered, are protected against the risk of loss by the following insurance coverages, in the following categories, and to the limits specified, policies of which are issued by Insurance Companies that have a Best's Rating of "A, Class V" or better, or shall meet with the approval of the City: Statutory Worker's Compensation Insurance and Employer's Liability Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 9. Commercial General Liability Insurance including Business Automobile Insurance coverage in the amount set forth in Exhibit A, Paragraph 9, combined single limit applied separately to each project away from premises owned or rented by Contractor, which names City and Applicant as an Additional Insured, and which is primary to any policy which the City may otherwise carry ("Primary Coverage"), and which treats the employees of the City and Applicant in the same manner as members of the general public ("Cross-liability Coverage"). G. Proof of Insurance Coverage. (1) Certificates of Insurance. . 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. H. Performance Bond. In the event that Exhibit A, at Paragraph 9, indicates the need for Contractor to provide a Performance Bond, which indication shall be made by checking the parenthetical space adjacent to the term, "Performance Bond", then Contractor shall provide to the City a performance bond by a surety and in a form satisfactory to the City Attorney in an amount indicated in the space adjacent to the term, "Performance Bond", in said Paragraph 9, Exhibit A. . WPC FNfOMEoENGINEE/MlLLG\312.92 ~-r;.3 Pagt3 of 11 Attachment 2 1. Business License Conlractor alrrees to obtain a business license from the City and to otherwise comply with Title 5 of the Chula Vista Municipal Code. ""'" 2. Duties of the City A. Consultation and Cooperation City shall regularly consult the Conlractor for the purpose of reviewing the progress of the Defined Services and Schedule therein contained, and to provide direction and guidance to achieve the objectives of this agreement The City shall pennit access to its office facilities, files and records by Conlractor throughout the term of the agreement In addition thereto, City agrees to provide the information, data, items and materials set forth on Exhibit A, Paragraph 10, and with the further understanding that delay in the provision of these materials beyond 30 days after authorization to proceed, shall constitute a basis for the justifiable delay in the Contractor's performance of this agreement B. Compensation Upon receiPt of a properly prepared billinl! from Contractor submitted to the City periodicallv as indicated in Exhibit A. Paralrraph 17. but in no event more freauentlv than monthlv. on the day of the oeriod indicated in Exhibit A. Paralrraph 17. City shall compensate Contractor for all services rendered by Contractor according to the terms and conditions set forth ........, in Exhibit A, Paragraph 10 adjacent to the governing compensation relationship indicated by a "checkmark" next to the appropriate arrangement, and shall compensate Contractor for out of pocket expenses as provided in Exhibit A, Paragraph 11. All billings submitted by Contractor shall contain sufficient information as to the propriety of the billing to oermit the City to evaluate that the amount due and payable thereunder is proper. and shall specifically contain the City's account number indicated on Exhibit A. Paralrraph 17 (0 to be charged upon making such payment. J. Administration of Contract Each party designates the individuals ("Contract Administrators") indicated on Exhibit A, Paragraph 12, as said party's contract administrator who is authorized by said party to represent them in the routine administration of this agreement 4. Term. This Agreement shall terminate when the Parties have complied with all executory provisions hereof. ........, WPC F.V/OMUNGlNEElMJUCN12.92 ,Z;(-b4 Page 4 of 11 A/lachmenl 2 . . . 5. Liquidated Damages The provisions of this section apply if a Liquidated Damages Rate is provided in Exhibit A, Paragraph 13. From the nature of the services to be rendered, the Contractor and City agree that it is difficult to fix actual damages which may result from failure on the part of the Contractor to perform any of its obligations herein and the resulting loss to the City. Therefore, both parties agree that the Contractor's liability should be limited to and fixed at the sums stated in this section, as liquidated damages and not as penalty, to be deducted automatically by City from Contractor invoices for the period(s) in which occurred. The decision of the City Transit Coordinator is final with respect to any assessment of liquidated damages. The Transit Coordinator may rely on information supplied by Contractor, by the public or by City staff, as well as by other means in determining assessment of liquidated damages. 6. Financial Interests of Contractor A. Contractor is Designated as an FPPC FIler. If Contractor is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Contractor is deemed to be a "Contractor" for the purposes of the Political Reform Act conflict of interest and disclosure provisions, and shall report economic interests to the City Oerk on the required Statement of Economic Interests in such reponing categories as are specified in Paragraph 15 of Exhibit A, or if none are specified, then as determined by the City Attorney. B. Decline to Participate. Regardless of whether Contractor is designated as an FPPC Filer, Contractor shall not make, or participate in making or in any way attempt to use Contractor's position to influence a governmental decision in which Contractor knows or has reason to know Contractor has a fmancial interest other than the compensation promised by this Agreement. , C. Search to Determine Economic Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor warrants and represents that Contractor has diligently conducted a search and inventory of Contractor's economic interests, as the term is used in the regulations promulgated by the Fair Political Practices Commission, and has determined that Contractor does not, to the best of Contractor's knowledge, have an economic interest which would conflict with Contractor's duties under this agreement D. Promise Not to Acquire Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will not acquire, obtain, or assume an economic interest WPC P.VlOMe.ENGlNEElNJJUGlJJ2.92 ~~~ Page 5 of 11 Altachment 2 during the term of this Agreement which would constitute a conflict of interest as prohibited by the Fair Political Practices Act ""'" E. Duty to Advise of Conflicting Interests. Regardless of whether Contractor is designated as an FPPC Filer, Contractor further warrants and represents that Contractor will immediately advise the City Attorney of City if Contractor learns of an economic interest of Contractor's which may result in a conflict of interest for the purpose of the Fair Political Practices Act, and regulations promulgated thereunder. F. Specific Warranties Against Economic Interests. Contractor warrants and represents that neither Contractor, nor Contractor's immediate family members, nor Contractor's employees or agents ("Contractor Associates") presently have any interest, directly or indirectly, whatsoever in any property which may be the subject matter of the Defmed Services, or in any property within 2 radial miles from the exterior boundaries of any property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than as listed in Exhibit A, Paragraph 14. Contractor further warrants and represents that no promise of future employment, remuneration, consideration, gratuity or other reward or gain has been made to Contractor or Contractor Associates in connection with Contractor's performance of this Agreement Contractor promises to advise City of any such promise that may be made during the Term of ~. this Agreement, or for 12 months thereafter. Contractor agrees that Contractor Associates shall not acquire any such Prohibited Interest within the Term of this Agreement, or for 12 months after the expiration of this Agreement, except with the written permission of City. Contractor may not conduct or solicit any business for any party to this Agreement, or for any third party which may be in conflict with Contractor's responsibilities under this Agreement, except with the written permission of City. . 7. 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 indenmification 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, 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'~ WPC F.V1QMlMNGlNEElNJIUGI3J2.92 ~-bb Page 6 of 11 Attachment 2 . , . . indemnification of City shall not be limited by any prior or subsequent declaration by the Contractor. 8. Termination of Agreement for Cause If, through any cause, Contractor shall fail to fulfill in a timely and proper manner Contractor's obligations under this Agreement, or if Contractor 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 Contractor 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 Contractor shall, at the option of the City, become the property of the City, and Contractor shall be entitled to receive just and equitable compensation for any work satisfactorily completed on such documents and other materials up to the effective date of Notice of Termination, not to exceed the amounts payable hereunder, and less any damages caused City by Contractor's breach. 9. Errors and Omissions In the event that the City Administrator determines that the Contractors' negligence, errors, or omissions in the performance of work under this Agreement has resulted in expense to City greater than would have resulted if there were no such negligence, errors, omissions, Contractor shall reimburse City for any additional expenses incurred by the City. Nothing herein is intended to limit City's rights under other provisions of this agreement. 10. Termination of Agreement for Convenience of City City may terminate this Agreement at any time and for any reason, by giving specific written notice to Contractor of such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished and unfinished documents and other materials described hereinabove shall, at the option of the City, become City's sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph, Contractor 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. Contractor hereby expressly waives any and all claims for damages or compensation arising under this Agreement except as set forth herein. 11. Assignability The services of Contractor are personal to the City, and Contractor shall not assign any interest in this Agreement, and shall not transfer any interest in the same (whether by assignment or novation), without prior written consent of City, which City may not unreasonably deny. 12. Ownership, Publication, Reproduction and Use of Material All reports, studies. information, data, statistics, forms, designs, plans. procedures, systems and any other materials or properties produced under this Agreement shall be the sole and Wl'C FfVlOMe.ENGlNEE/NJIUfNI2.92 72- (;,7 Page 7 of 11 Anachmenr 2 ') exclusive property of City. No such materials or properties produced in whole or in pan under this Agreement shall be subject to private use, copyrights or patent rights by Contractor in the........ United States or in any other country without the express written consent of City. City shall have unrestricted authority to publish, disclose (except as may be limited by the provisions of the Public Records Act). distribute, and otherwise use, copyright or patent, in whole or in part, any such reports, studies, data, statistics. forms or other materials or properties produced under this Agreement 13. Independent Contractor City is interested only in the results obtained and Contractor shall perform as an independent contractor with sole control of the manner and means of performing the services required under this Agreement City maintains the right only to reject or accept Contractor's work products. Contractor and any of the Contractor'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. 14. Administrative Claims Requirements and Procedures No suit or arbitration shall be brought arising out of this agreement, against the City unless a claim has first been presented in writing and f1led 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. 15. Attorney's Fees , Should a dispute arising out of this Agreement result in litigation, it is agreed that the prevailing party shall be entitled to recover all reasonable costs incurred in the defense of the claim, including costs and attorney's fees. 16. Statement of Costs In the event that Contractor prepares a report or document, or participates in the preparation of a report or document in performing the Defined Services, Contractor shall include, or cause the inclusion of, in said report or document, a statement of the numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation of the report or document ........ WPC F!.HOMe.EHGINEElNJtunJt2.92 :2.9.. - G 3 Page 8 of 11 Attachment 2 . . . 17. Miscellaneous A. 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. B. Contractor is Real Estate Broker and/or Salesman If the box on Exhibit A, Paragraph 15 is marked, the Contractor and/or their principals is/are licensed with the State of California or some other state as a licensed real estate broker or salesperson. Otherwise, Contractor represents that neither Contractor, nor their principals are licensed real estate brokers or salespersons. C. Notices All notices, demands or requests provided for or permitted to be given pursuant to this Agreement must be in writing. All notices, demands and requests to be sent to any party shall be deemed to have been properly given or served if personally served or deposited in the United States mail, addressed to such party, postage prepaid, registered or certified, with return receipt requested, at the addresses identified herein as the places of business for each of the designated parties. D. Entire Agreement This Agreement, together with any other written document referred to or contemplated herein, embody the entire Agreement and understanding between the parties relating to the subject matter hereof. Neither this Agreement nor any provision hereof may be amended, modified, waived or discharged except by an instrument in writing executed by the party against which enforcement of such amendment, waiver or discharge is sought. E. Capacity of Parties Each signatory and party hereto hereby warrants and represents to the other party that it has legal authority and capacity and direction from its principal to enter into this Agreement, and that all resolutions or other actions have been taken so as to enable it to enter into this Agreement. F. Governing LawNenue 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. Wl'C F.V10MUNGlNEEIM/LJ.O.J/2.92 f2.2. -b~ Pagt 9 of 11 Anachmtlll 2 18. Tenn of Agreement: A. Base Tenn - This Agreement shall become effective upon execution, and the term shall be the period from July I, 1993 through June 30, 1996. -~ B. <>otion Tenn (1) In consideration of the herein Agreement, Contractor hereby grants to City the below option, exercisable in writing at City's sole election. At any time on or before April I, 1996, City may extend the service provided by Contractor under this Agreement for a period of two years. Compensation related to such an extension shall be determined through negotiations between City and Contractor. (2) It is mutually understood and agreed that all work perfonned and services provided under the exercised option shall be in strict compliance with all of the requirements of this Agreement as such may be amended from time to time by mutual agreement. (3) It is mutually understood and agreed that City is under no obligation whatsoever to exercise this option. Such option exercise may be by amendment hereto, or by issuance of a new agreement IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective officers thereunto duly authorized on the date written below their """ signatures. [end of page. next page is signature page.] , ........, WPC F.VlOMIMNGINEER>J/lu.GIJ12.92 :<,Z--7eJ PageJO 01 Il Attachment 2 . Signature Page to Agreement between City of Chula Vista and [Name of Contractor] for IN WITNESS WHEREOF, City and Contractor have executed this Agreement thereby indicating that they have read and understood same, and indicate their full and complete consent to its terms: Dated: , 19_ CITY OF CHULA VISTA . By: Tim Nader, Mayor Attest: . Beverly Authelet, City Clerk Approved as to form: Bruce M. Boogaard, City Attorney . Dated: NAME OF CONTRACTOR By: Name of person, title By: Name of person, title Exhibit List to Agreement . ( X ) Exhibit A. WPC F!oJIOMN:NG/NEEJNJJUfN/2.92 .:2:2 - 71 Page 11 of 11 Attachment 2 Exhibit A to Agreement between City of Chula Vista and -.. " 1. Effective Date of Agreement: July 1, 1993 2. City-Related Entity: (X) City of Chula Vista, a municipal chartered corporation of the State of California () Redevelopment Agency of the City of Chula Vista, a political subdivision of the State of California () Industrial Development Authority of the City of Chula Vista, a () Other: form] , a [insert business 3. Place of Business for City: .""", City of Chula Vista, 276 Fourth Avenue, Chula Vista, CA 91910 4. Contractor: 5. Business Form of Contractor: ( ) Sole Proprietorship ( ) Partnership ( ) Corporation , 6. Place of Business, Telephone and Fax Number of Contractor: [Address] [City], California 9 Voice Phone (619) Fax Phone (619) ""'" :;2:;).- 7 ~ Pagt A-I of 8 Exhibit A WPC F,WOMe.ENGlNEElMJUG.1l2,92 . . . 7. General Duties: Contractor's responsibilities shall include but not be limited to; 1. Meeting all operations equipment and maintenance requirements contained in this RFP, and in compliance with the ADA. 2. Providing all personnel having management, operations, and maintenance expertise necessary to operate the system. 3. Providing the necessary vehicles according to the specifications detailed in Attachment 1. 4. Fare collection, accounting, and reporting. 5. Personnel administration. 6. Assisting City in marketing. 7. Scheduling and dispatching vehicles. 8. Data collection and reporting. 8. Scope of Work and Schedule: A. Detailed Scope of Work: See Attachment 1 to Exhibit A. B. Date for Commencement of Contractor Services: (X) Same as Effective Date of Agreement () Other: C. Dates or Time Limits for Delivery of Deliverables: Deliverable No.1: Deliverable No.2: Deliverable No.3: D. Date for completion of all Contractor services: June 30, 1996 9. Insurance Requirements: (X) Statutory Wolker's Compensation Insurance (X) Employer's Liability Insurance coverage: $1,000,000. (X) Commercial General Liability Insurance: $5,000,000. (X) Performance Bond, $50,000 (X) Fidelity Bond, $50,000 WI'C F.'HOMe.ENGfNEEIM//J.GIJ/2.92 Page A-2 of 8 Exhibit A Q:2-75 10. Compensation: .-.. A. ( ) Single Fixed Fee Arrangement. For performance of all of the Defined Services by Contractor as herein required. City shall pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth below: Single Fixed Fee Amount: , payable as follows: Milestone or Event or Deliverable Amount or Percent of Fixed Fee B. (X) Phased Fixed Fee Arrangement. (1) For the performance of each phase or portion of the Defmed Services by Contractor as are separately identified below. City shall pay the fixed fee associated with each phase of Services. in the amounts and at the times or milestones or Deliverables set forth. The ""'" fixed monthly fee shall be payable in advance at the begirming of each month upon receipt of invoice. Fixed Fiscal Year Monthly Fee Total Annual Fee I. FY 1993-94 (July 1. 1993-June 30. 1994) $ $ 2. FY 1994-95 (July 1994-June 30. 1995) $ $ 3. FY 1995-96 (July 1. 1995-June 30, 1996) $ $ . (2) Any increase or decrease in the daily operating hours shall result in the following hourly rate being added to or subtracted from the fixed monthly fee. Fixed Fee Fiscal Year Hourly Rate 1. FY 1993-94 (July 1. 1993-June 30. 1994) $ 2. FY 1994-95 (July 1994-June 30, 1995) $ 3. FY 1995-96 (July 1. 1995-June 30. 1996) $ """'" Wl'C F.VlOMUNGlNEERIB/UfN/2.92 22-74 Page A-3 of 8 Exhibit A c. (X) Hourly Rate Arrangement . In addition to the fixed fee in Section 10.B., City shall pay Contractor for 8,868 annual vehicle service operating hours (Option A), or 11,130 annual vehicle service operating hours (Option B) of time spent by Contractor in the performance of said Services, at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms and conditions: (1) (X) Not-to-Exceed Limitation Annual Vehicle Service Hours Contractor will perform all of the HandYtrans operations based on the annual vehicle service hours in the Rate Schedule Table shown below. (2) () Limitation without Further Authorization on Time and Materials Arrangement At such time as Contractor shall have incurred time and materials equal to (" Authorization Limit"), Contractor shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Contractor from providing additional Services at Contractor's own cost and expense. Rate Schedule . FY 1993-94 FY 1994-95 FY 1995-96 s s s s s D. Maximum Total Annual Cost . Contractor agrees that Contractor will perform all of the Defined Services herein required of Contractor as follows: FY 1993-94 S S FY 1994-95 S S FY 1995-96 S S . Page A4 of 8 WPC F.VlOIINNGlNEE/MIu.cN/2.92 ~:;(-7') Exhibit A 11. Materials Reimbursement Arrangement """'" For the cost of out of pocket expenses incurred by Contractor in the performance of services herein required, City shall pay Contractor at the rates or amounts set forth below: (X) None, the compensation includes all costs. Cost or Rate () Reports, not to exceed $ () Copies, not to exceed $ () Travel, not to exceed $ () Printing, not to exceed $ () Postage, not to exceed $ () Delivery, not to exceed $ () Long Distance Telephone Charges, not to exceed $ () Other Actual Identifiable Direct Costs: 12. Contract Administrators: City: Bill Gustafson, Transit Coordinator 707 F Street Chula Vista, CA 91910 (619) 691-5260 """'" Contractor: ,13. Liquidated Damages A. Liquidated damages may be assessed at the rate of one-thousand ($1,000) dollars per day for each day after the commencement of this Agreement that Contractor totally fails to provide any of the required transit service specified in this Agreement B. Liquidated damages will be assessed at the rate of three hundred ($300) dollars per occurrence for failure to achieve a satisfactory rating in any category of the annual California Highway Patrol Safety Compliance report (CHP 343). C. Liquidated damages may be assessed at the rate of one hundred ($100) dollars per day for each day Contractor fails to employ and assign to the services covered by this agreement a Location Manager approved by the Transit Coordinator. In the event Contractor's Location '""'" W/'C F.V10MIMNG/NEEINJ/UGIJ/2.92 2:<'~7~ Page A-5 of 8 Exhibit A Manager terminates his or her employment with less than two (2) weeks notice, liquidated damages will not be assessed until the fifteenth (15th) day following the notice of termination. . D. Liquidated damages may be assessed at the rate of fifty ($50) dollars per day for each incident of failure to comply with the following equipment and driver specifications herein: (1) Failure to clean vehicle interiors daily. (2) Failure to clean vehicle exterior two times per week. (3) Failure to provide 8 hour National Safety Council Defensive Driving Course or equivalent for each driver before that driver operates any vehicle in revenue service. (4) Failure of driver to wear presentable uniforms while on duty. (5) Failure to provide each driver 1 hour of safety training per month. (6) Failure to conduct 1 hour of evaluation check ride quarterly for each driver. E. Liquidated damages may be assessed at the rate of fifty ($50) dollars per vehicle per day for failure to insure that wheelchair lifts are operational before a vehicle is assigned to revenue service. . F. Liquidated damages may be assessed at the rate of fifty ($25) dollars per day for each incident of failure to submit to the City monthly management reports by the 10th day of the following month. G. Liquidated damages may be assessed at the rate of fifty ($50) dollars per vehicle per day for each day Contractor operates a vehicle which does not have functioning heating and air conditioning. H. Contractor shall maintain the following minimum performance indicators: Passengers per Passengers per Service Mile Service Hour 0.30 3.5 The performance factors will be evaluated on a monthly basis. Total passengers per service mile is equal to the number of passengers carried divided by the mileage accumulated by Contractor's vehicles while vehicle is available to transport passengers within the service area. Total passengers per service hour is equal to the total number of passengers carried divided by the number of hours that vehicles are available for service within the designated hours of operation. The City will assess LiQuidated Damages in the amount of $200 for each month both these standards are not met. In addition to the right of the Citv to terminate the agreement for . the City's convenience under section 10 of the agreement. failure to meet the performance WPC F.V10MlMNGINEE/NJ//liN/2.92 Page A-6 of 8 Exhibit A ;l;< -77 indicators of this llaralrraph H for three consecutive months shall, at the OPtion of the City, constitute an indeoendent basis for tennination of this alrreement br cause under section 8 of this alrreement ~ 14. Statement of Economic Interests, Contractor Reporting Categories, per Conflict of Interest Code: (X) Not Applicable. Not an FPPC Filer. ( ) FPPC Filer () Category No. 1. Investments and sources of income. () Category No.2. Interests in real property. () Category No.3. Investments, interest in real property and sources of income subject to the regulatory, pennit or licensing authority of the department. () Category No.4. Investments in business entities and sources of income which engage in land development, construction or the acquisition or sale of real property. ( ) Category No.5. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the City of Chula Vista (Redevelopment Agency) to provide services, supplies, materials, machinery or equipment. -., () Category No.6. Investments in business entities and sources of income of the type which, within the past two years, have contracted with the designated employee's department to provide services, supplies, materials, machinery or equipment. () Category No.7. Business positions. () List "Contractor Associates" interests in real property within 2 radial miles of Project Property, if any: 15. ( ) Contractor is Real Estate Broker and/or Salesman -., :2a?.--73 Page A-7 of 8 Exhibit A WPC FNIOMF).ENG/NEElNJ/UfN/2.92 . . . 16. Permitted Subconsultants: 17. Bill Processing: A. Contractor's Billing to be submitted for the following period of time: (X) Monthly () Quarterly () Other: B. Day of the Period for submission of Contractor's Billing: (X) First of the Month (fixed monthly cost) () 15th Day of each Month (X) End of the Month (hourly rate cost for service operated) () Other: C. City's Account Number: W1'C F.'>HOMIMNGlNEEJNj/u.G.J/2.92 Page A-8 of 8 Exhibit A n-7C; ATTACHMENT 1 TO EXHmIT A SCOPE OF WORK """\ 1. INTRODUcnON The Contractor will provide management and operations of a demand response transportation system meeting the requirement of the ADA, serving the City of Chula Vista and portions of San Diego County adjacent to the City. This service area covers an estimated twenty-five (25) square miles and has an estimated 18,000 seniors and disabled persons. This service area generally coincides with the service area of Chula Vista Transit (CVT). 2. SERVICE PROVISION - OPTION A A. Service Allocation - Cotion A 1) 2) 3) 4) Davs of Service: Monday through Friday, and Sunday Hours of Service: Monday through Friday: 7 a.rn. to 6:00 p.m. Sunday: 8:00 a.m. to 2:00 p.rn. Annual Vehicle Service Hours: 8,868 Service not provided on the following holidays: New Year's Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day, and Christmas Day. -" B. Vehicle Utilization - Corion A 1) Contractor shall provide five (5) lift-equipped vehicles. 2) One vehicle shall be provided by Contractor as a spare. 3) , Contractor is responsible for: providing service to meet demand during the days and hours specified in Section 2A; and for allocating vehicle service hours so as not to exceed 8,868 annual vehicle service hours. 3. SERVICE PROVISION - OPTION B A. Service Allocation - Cotion B 1) Davs of Service: Monday through Friday, and Sunday 2) Hours of Service; Monday through Friday: 7:00 a.m. to 6:00 p.m. Sunday: 8:00 a.m. to 2:00 p.m. 3) Annual Vehicle Service Hours - 11,130 """" Page 1 of 11 Anachmentl to Exhibit A WPC F.VlOMF:>ENGINEEINlJUGIJ/2.92 :<..:{ --&0 . . . 4. 4) Service not provided on the following holidays: New Year's Day, Memorial Day, July Fourth, Labor Day, Thanksgiving Day, and Christmas Day. B. Vehicle Utilization - Dotion B 1) Comoonent 1: Ambulatory Service a. Contractor shall provide four (4) vehicles. b. One vehicle shall be available as a spare. 2) Comoonent 2: Non-ambulatory Service a. Contractor shall provide two (2) lift-equipped vehicles. b. One (1) vehicle shall be used by Contractor as a spare and to supplement operations if warranted by demand. ELIGffilLITY Certification of ADA eligible persons will be done by the Coordinated Transportation Service Agency (CTSA). Contractor will be responsible for screening non.ADA certified persons. Any senior or disabled individual may use the system. A senior, for purposes of this project, is defined as 60 years of age or older. Any disabled individual, regardless of age, who cannot use, or would have difficulty using, fixed-route transit services in the Chula Vista area, may use HandYtrans. Questions concerning client eligibility shall be directed to the Transit Coordinator or his designated representative; questions concerning ADA eligibility shall be directed to the CTSA. 5. SYSTEM OPERA nON A. Contractor shall operate the system in compliance with City operating policies and local, state, and federal1aws and regulations applicable to this service. Contractor shall be thoroughly familiar with, and comply with, all ADA requirements related to this service, including regional coordination efforts such as regional fare and transfer policies. B. Contractor's preparation for the transportation service shall comprise those tasks required to make the system operational, including an initial training and safety program and service area familiarization. C. Contractor's service shall include, but shall not be limited to the following: Day-to~day operation of the service, including executive and administrative management; employee supervision, and training of all personnel, (including drivers, dispatchers, radio personnel, supervisors, and maintenance personnel); maintaining a list of backup drivers who will be readily available in the absence WPC F."ilOMIMNGlNURIBI/llN12.92 o(~-81 Page 2 of 11 Attachment I to Exhibit A H. of regular drivers to insure operation of the system; maintenance and rep?ir of equipment; negotiation and administration of subcontracts; providing for public .....\ relations and marketing associated with this agreement as specified by City; preparation of budgets, analysis, and reports of financial and other matters pertaining to the project's operations; clerical, statistical, and bookkeeping services as required in this agreement; and such other work as may be necessary to comply with the requirements contained herein. D. Contractor shall test and interview all applicants, and train all successful applicants. Contractor's personnel wages and work hours shall be in accord with all government regulations affecting such personnel. E. Management of the day-to-day operations of the system shall be vested in the Contractor's location manager, who shall be an experienced employee of the Contractor. In addition, a responsible employee of the Contractor shall be available at all times, either by phone or in person to make decisions or provide coordination as necessary. F. Contractor should have vehicles arrive at scheduled pickup points as close to the designated time as possible (at least 95% of all pickups shall be made within 0-20 minutes of scheduled pickup time). Passengers shall be informed by Contractor of any unforeseen delays. G. Contractor's drivers shall report to the location manager all hazardous conditions (e.g., downed trees and signs) in the service area. Contractor, in turn, shall inunediately notify the appropriate governmental authority of such conditions and shall take necessary precautions to safeguard passengers and Contractor's personnel. ~ Trip priority shall be given to ADA certified persons. The ADA regulations require that "next day service" be provided; therefore, requests for service for a particular day must be accommodated by Contractor the preceding day during HandYtrans operating hours. Since HandYtrans currently does not operate on Saturday, requests for Sunday service made on Saturday must be accommodated by Contractor; options to meet the requirement include the use of an answering machine or an answering service. Confirmation of requests for Sunday service must be made by 5:00 p.rn. on Saturday. The current HandYtrans number is 425.7433; Contractor shall obtain this number for patrons to call for making reservations. The Contractor will arrange origin to destination transportation in a manner designed to accommodate the greatest number of passengers over the shortest feasible route. Dispatching of vehicles may take place with less than 24-hour reservation should time and availability pennit.. Patrons will be requesteq to give point of origin, point of destination, and number of persons in the party. Patrons will be advised of time of pickup. Contractor will dispatch a vehicle to the point where service is requested. If additional call(s) on a demand basis are received for pickups in the vicinity of the first call or near the routing of patrons in the vehicle, and capacity pennits, the vehicle shall ~ Page3 of 1I Attachment 1 to Exhibit A WPC F.'ifOMIMNGINEElNJ/UG\j12.92 2JI. -J,;( . . . deviate from routing to pick up additional passenger(s). Contractor shall do everything possible to avoid any undue delay of any patron, either at the point of pickup or en route. Patrons shall not, however, have any control over the route selected. Pickup of patron shall occur sometime within three (3) minutes before the time indicated by the dispatcher and not more than seven (7) minutes after the scheduled pickup time. Contractor's vehicles shall not wait for the patrons more than two (2) minutes at any point after sounding horn. No animals may be transported by the system, except for dogs or other animals as permitted under the ADA accompanying a disabled person. Drivers shall offer reasonable assistance to patrons entering and exiting the vehicle, but are not required to assist passengers to or from the building, facility or structure which may be patron's point of origin or final destination. Patrons who require such special assistance are encouraged to travel with a companion or attendant who may ride HandYtrans at no chare:e. In addition, operator has the authority to limit the number and size of parcels or any other objects, that a patron may transport in order to ensure the safety and convenience of other patrons. 6. VEillCLES - OPTION A Contractor shall be responsible for providing five (5) vehicles all of which shall be wheelchair lift..equipped, with the following general specifications: A. Caoacitv: All five (5) vehicles shall have a minimum capacity of twelve (12) forward facing seats for passengers, and three (3) wheelchair positions equipped with seats to accommodate ambulatory passengers when the wheelchair position(s) are not in use. Wheelchair positions shall be located in the rear of all vehicles, and wheelchair access to all vehicles shall be in the rear of vehicles. B. Radios: Contractor will provide a communication system, including a base unit and mobile units for each vehicle, to be operated on an approved motor carrier frequency. Contractor shall be resoonsible for installation and maintenance of all radio eauloment. C. Fareboxes: Each vehicle shall be equipped with one locked farebox. Contractor shall be responsible for providing and installing said farebox near the front passenger entrance door. D. Wheelchair Restraints: Each wheelchair station shall be equipped with a secure restraint device that will secure the wheelchair to the vehicle and the wheelchair passenger in their wheelchair. These devices shall be adjustable to accommodate various size wheelchairs, and shall meet ADA requirements. E. Seat Belts: All seats shall be equipped with seat belts. WPC F.VlOMUNGlNEE/rJJ/UGI3/2.92 Page 4 olll Attachment 1 /0 Exhibit A .:l:l-;p F. Electrical and Coolimz Svstem Srecifications: Each vehicle shall be equipped with a heavy-duty battery, a heavy-duty alternator, and a heavy-duty cooling system. -... G. Air Conditioning: All vehicles must have functional air conditioning units which shall be operated as needed for the comfort of passengers. H. Identification: Prior to July I, 1993, all vehicles shall be identified "HandYtrans" on both sides, front and rear of vehicles. \ Vehicles shall be painted blue and white. This identification and paint scheme shall be in a size and style to be approved by City. I. Vehicle Age: Vehicle must be 1992 model vear or later. 7. VEHICLES - OPTION B A. Component I: Non-accessible vehicles Contractor shall be responsible for providing four (4) vehicles with the following general specifications: 1. Capacity: All vehicles shall have a minimum capacity of four (4) adult passengers plus the driver. 2. Seat Belts: Seat belts shall be available for each seated passenger. -... 3. Air Conditioning: All vehicles must have functional air conditioning units which shall be operated as needed for the comfort of passengers. 4. Identification: Prior to July .1, 1993, all vehicles shall be identified "HandYtrans" on at least two sides of the vehicle in a size and style to be approved by the City. 5. Vehicle Age: Vehicles must be 1992 model vear or later. B. Component 2: Accessible Vehicles Contractor shall be responsible for providing two (2) vehicles, both of which shall be lift-equipped, with the following general specifications: 1. Capacity: Both vehicles shall have a minimum capacity of twelve (12) forward facing seats for ambulatory passengers, and three (3) wheelchair positions equipped with seats to accommodate ambulatory passengers when the wheelchair position(s) are not in use. Wheelchair positions shall be located in the rear of vehicles, and wheelchair access shall be in the rear of vehicles. """"\ WPC FNIOME>ENGlNEElMIUtN12.92 Page 5 of JJ Attachment I to Exhibit A :Z:<-!4 . . . 2. Wheelchair Restraints: Each wheelchair station shall be equipped with a secure restraint device that will secure the wheelchair to the vehicle and the wheelchair passenger in their wheelchair. These devices shall be adjustable to accommodate various size wheelchairs, and shall meet ADA requirements. 3. Seat Belts: All seats shall be equipped with seat belts. 4. Electrical and Coolinl! Svstem Specifications: Each vehicle shall be equipped with a heavy-duty battery, a heavy-duty alternator, and a heavy-duty cooling system. 5. Air Conditioninl!: All vehicles must have functional air conditioning units which shall be operated as needed for the comfort of passengers. 6. Identification: Prior to July 1, 1993, all vehicles shall be identified "HandYtrans" on both sides, front and rear of vehicles. Vehicles shall be painted blue and white. This identification and paint scheme shall be in a size and style to be approved by City. 7. Vehicle Al!e: Vehicle must be 1992 model vear or later. C. Radios: Contractor will provide a communication system, including a base unit and mobile units for each vehicle, to be operated on an approved motor carrier frequency. Contractor shall be responsible for installation and maintenance of all radio eauipment. D. Fareboxes: Vehicles operated under Option B must have a farebox, or alternate means of fare collection, acceptable to the City. 8. MAINTENANCE AND CLEANING OF VEHICLES For both Options A and B, the Contractor must furnish and maintain vehicles in good working condition and in good physical appearance. Each used vehicle must have a documented performance history. The City reserves the right, in its sole discretion, to reject by notice to Contractor, any vehicle the Contractor proposes to use or subsequently uses in the performance of this service which the City deems unacceptable. Contractor shall be responsible for having all maintenance work and cleaning performed on all vehicles utilized in the provision of service associated with this Agreement. Maintenance work shall include, but not be limited to all tires, parts, labor, fuel, and lubricants. Contractor shall allow City access to Contractor's facilities and activities for purposes of monitoring Contractor's maintenance performance. WPC F.WOMIMNGINEEJNjIUGl3I2.92 Page 6 of 11 Altachmenll to Exhibit A .:29..-1>5 The interior of all vehicles used in HandYtrans service shall be cleaned daily; the exterior of all vehicles shall be washed a minimum of two (2) times per week. .-.. Safety and mechanical equipment, including wheelchair lifts, shall be maintained in accordance with all applicable laws and regulations, including Title 13, Article 2 of the California Administrative Code (Motor Carrier Safety Regulations) and Division 12 of the California Vehicle Code (Equipment of Vehicles). Contractor shall provide the City with copies of the annual California Highway Patrol Reports. The City reserves the right to make periodic inspections of Contractor's vehicles used in this service. Contractor shall also be responsible for all maintenance and repair work associated with the mobile radio system. 9. FARES Fares and transfer policies related to. the service contained in the agreement will be determined and established by the City and the Metropolitan Transit Development Board (MTDB). Policies will be in accordance with Section 99268.5 of the Public Utilities Code, which requires a fare revenue return of ten percent (10%) of the operating expense. Contractor must recover at least ten percent (10%) of operating expenses from farebox revenue. Failure to maintain this return may lead to termination of the contract. One way cash fares shall be $2.00 under both Options A and B for FY 1993-94; transfers to and from other fixed-route and paratransit systems for ADA certified persons are permitted. -.. Fares collected are the responsibility of the contractor and shall be deposited by the contractor daily at a bank mutually agreed upon by Contractor and City. No change will be made by the drivers. Contractor is responsible for any fare revenue losses or shortages until deposited. 10. SERVICE PERFORMANCE The goal of this service is to provide reliable, effective, and efficient transportation for ADA certified and other senior and disabled residents of the HandYtrans service area. The Contractor shall take all actions necessary to accomplish this goal while minimizing the cost of service to the City. The Agreement between City and Contractor will contain Liquidated Damages to ensure quality service. 11. ADVERTISING AND SALES PROMOTION City shall control all advertising and sales promotion and provide materials for distribution by Contractor. Contractor shall assist City in conduct of promotion of all public transit service under City direction and approval. Contractor's drivers shall periodically be made available to distribute on the vehicles advertising and promotional -.. WPC FtvIOMe.ENGINEElNJJUGlJJ2.92 Page 7 olll A/lachmenl 1 10 Exhibit A ~~g6 . . . material provided by City. Contractor shall also provide additional hours of service as requested by City for promotional work. 12. PERSONNEL REQUIREMENTS Contractor shall be solely responsible for payment of all employees' wages and benefits. Contractor. without any expense to the City. shall comply with all State laws and requirements with respect to employee liability, worker's compensation, and unemployment insurance. Contractor shall also be responsible for withholding of income tax at its source from employees' wages and, furthermore, operator shall indemnify and hold harmless the City of Chula Vista, its officials and employees from any liability, . damages, claims, costs and expenses of any nature arising from alleged violation of such enactments or from any claims of subrogation provided in such enactments or otherwise. 13. ORNER HIRING AND 1RAINING A. Contractor shall insure that all drivers are competent, holding valid California Class "B" license with a passenger endorsement and qualified under all applicable Federal, State, and local regulations for the operation of the type of vehicles to be used. B. Hiring Requirements I. Contractor shall recruit and hire a sufficient number of drivers assigned exclusively to HandYtrans service, and shall have a sufficient number of backup drivers readily available for any and all contingencies without a disruption in service. 2. As a condition of employment under the agreement, all personnel assigned to HandYtrans service must pass tests for drug and alcohol. use. Drug and alcohol screening shall be conducted prior to employment in HandYtrans service, and at a minimum, at two (2) year intervals in conjunction with a physical exam for Class B license renewal. Screening at more frequent intervals may be conducted by Contractor as permitted by law. 3. The City requires Contractor to have all employees fingerprinted and City will conduct a criminal history check on all personnel assigned to HandYtrans service. The results of the criminal history check will be confidential information and City will not release this information to Contractor. However, information obtained on the criminal record of an individual assigned to HandYtrans service may warrant City requesting Contractor to remove individual from HandYtrans service. . City will pay the cost of fingerprinting. C. Contractor shall provide thorough training for all personnel in the proper performance of their duties. Contractor must have a training urogram WPC F.<J/OMe..ENG/NEElMII1.GII12.92 Page 8 0111 Allachmenl 1 10 Exhibil A j2$..-b 7 encomDassing the National Safety Council Defensive Driving Course and instruction in First Aid and CPR Drovided bv a Qualified Red Cross instructor. This Droe:ram must also direct itself with dealing sDecificallv with transDortini! ......., seniors. mentallv retarded. and mobility irnDaired Dersons. All new employees shall receive proper training and instruction at the time of hiring and prior to being assigned to the service. 14. Contractor shall provide a Location Manager with a least one year of experience in demand response transportation. The Location Manager must be available during all hours of system operation. 15. UNIFORMS Contractor shall purchase uniforms for employees and require employees to wear them. The design, type, and logo on the uniform shall be subject to City approval. Each operator shall be furnished a sufficient number of uniform changes so they will appear neat and clean at the beginning of each shift. 16. DATA COLLECTION AND REPORTING A. Contractor shall collect data on the operation of the system and supply accurate data to City in a timely fashion. B. Contractor shall maintain a daily office log containing vehicle breakdown, road calls, missed trips (detailing the cause), complaints (with attached forms, description of the problem, and how solved), and any compliments received. ......., C. On a monthlv basis, Contractor shall submit a management repon containing the following data to the Transit Coordinator: 1. Number of Revenue Passengers 2. Number of HandYtrans Personal Care Attendants 3. Total Boarding Passengers 4. Number of Wheelchair Passengers 5. Total Vehicle Miles, Revenue Miles, Deadhead Miles per Vehicle 6. Total Vehicle Hours, Revenue Hours, Deadhead Hours per Vehicle 7. Number of Vehicle Accidents 8. Number of Passenger Accidents 9. Number of Road Calls 10. Number of Complaints 11. Number of Full Time Equivalent Employees (Work Hours divided by 166.66) ......., Page 9 of 1I Anachment I to Exhibit A WPC FioJIOMElENGlNEERlBJUfNJ2.92 ~:--to e . . -- 12. Number of Vehicle Trips 13. Average Number of Passengers Per Trip 14. Average Trip Length Per Passenger 15. Total Sample Responses for Deviation Time 16. Number of Arrivals Within 0-10 Minutes of Schedule 17. Number of Arrivals Within 11-20 Minutes of Schedule 18. Number of Arrivals Within 21-30 Minutes of Schedule 19. Number of Arrivals Past 30 Minutes of Schedule D. Contractor shall compile monthly reports which shall summarize the daily data collected, giving mileage, revenue and operating cost figures. Also included shall be statements of problems with proposed solutions and suggestions for future improvements in service. E. All transportation data reported to City must be in accordance with Level C of the Uniform Financial Accounting and Reporting Elements (FARE) as required under Section 15 of the Urban Mass Transportation Act of 1964, as amended, and the California Public Utilities Code, Chapter 4, Section 99273. F. All reports prepared by Contractor shall be made available to the City at no charge and shall be the property of the City. Contractor may make presentations and releases pertaining to the transportation system only with the prior permission of the City. Papers and other formal publications shall be approved by the City before they are made public. Operator will provide any other operations reports and/or data deemed necessary by the City. 17. Contractor shall coordinate closely with City on project and operation status. Contractor shall attend staff meetings with City as scheduled and perform liaison activities with City and other transportation modes or companies: 18. Contractor shall adequately equip the dispatch/operations center for the efficient dispatching of vehicles as well as handling all telephone calls. DiStlatchlotlCrations center shall have the local Chula Vista teleohone number 425-7433. Dispatch/operations personnel shall be responsible for coordinating rides between HandYtrans and other fixed-route or dial-a-ride systems as directed by the Transit Coordinator. 19. Contractor shall be responsible for paying any and all business taxes that may be required for the operation of the service within the City of Chula Vista and the County of San Diego. 20. Contractor shall not be held responsible for losses, delays, failure to perform, or excess costs caused by events beyond the control of Contractor. Such events may include, but are not restricted to, the following: Acts of God; fire, epidemics, earthquake, flood, or other natural disaster; acts of the government; riots, strikes, war, or civil disorder; unavailability of fuel. City shall not be lill,ble for payment under any of these events. Wl'C F.VlOMEIENGlNEERoBJUGJ/2.92 2'2 -bf Page 10 of 11 Attachment 1 /0 Exhibit A 21. Emergency Procedures: In the event of a major emergency such as an earthquake, dam failure, or manmade catastrophe, Contractor shall make transponation and communication resources available to the degree possible for emergency assistance. If the normal line of direct authority from City is intact, Contractor shall follow instruction of City. Contractor must attempt to contact responsible City officials and if contact cannot reasonably be made, Contractor shall make best use of transponation resources following to the degree possible the direction of the City. Emergency uses of transponation may include evacuation, transponation of injured, and movement of people to food and shelter. Contractor shaIl be reimbursed in accordance with Section 4 or, if the normal method does not cover the types of emergency services involved, then on the basis of fair, equitable, and prompt reimbursement of Contractor's actual costs. Reimbursement for such emergency services, only undertaken under direction of the City, shall be over and above "Maximum Obligation" of this contract. Immediately after. the emergency condition ceases, Contractor shall reinstate normal transponation services. 22. Audit: Contractor shall permit the authorized representatives of City, the San Diego Metropolitan Transit Development Board (MIDB), the San Diego Association of Governments (SANDAG) and the State Department of Transponation to inspect and audit all data and records of the Contrctor relating to performance under this Agreement. 23. Transponation Data Reporting: Although no Federal funds are used for this project, Contractor shall repon transponation data to City in accordance with Level C of the Uniform Financial Accounting and Reporting Elements (FARE) as required under Section 15 of the Urban Mass Transponation Act of 1964 as amended and the California Public Utilities Code, Chapter 4, Section 99243. Page II of II Attachment] /0 Exhibit A WPC F.WOM~GlNEElNJJUlNI2.92 :<;< - '1 () ......... ......... ......... . . . ATTACHMENT 3 Check one or both: Option A _ Option B _ TECHNICAL PROPOSAL FORM MANAGEMENT & OPERA nON OF HANDYIRANS, A DEMAND RESPONSE COMPLEMENTARY PARATRANSIT SERVICE UNDER THE ADA Note: Technical Proposals shall be typed on this form, should be concise as possible, and shall not include promotional material. Additional sheets may be used to amplify responses to any item in this proposal form where space provided is not adequate. Additional sheets should clearly indicate which page and item they refer to, and shall be attached to this form. Responses to tbe questions on tbis form will be evaluated as discussed under Section IV of tbe RFP. Proposer bereby makes tbe following proposaI, representations, and certifications: 1) GENERAL Firm's Name: Firm's Telephone No. Firm's Address: Name of Individual Responsible for Preparation of this Proposal: . Title: (Check One): Proposer is a corporation/partnership/joint venture/sole proprietorship. Other: Wl'C F.VlOMF:lENGINEEINJ/UtN/2.92 ~P---11 Page 1 of 16 A/tachment 3 2) If Protloser is a ioint venture: Name each member of the joint venture and identity their responsibility (include administrative, operational, and financial personnel) for each participating firm. PARTICIPATING FIRM RESPONsmn..ITY . Has this joint venture previously worked together? Yes No If yes: 1. For how long? 2. For how many ventures? 3. What type of ventures? W/'C F.'vlOMe.ENG/NEEIM//LGIJJ2.92 Pag.2 of /6 Attachm.lIl 3 :2 :< - qJ<. ""'" ~ -.,.,.. . . . 3) Does the individual proposing finn, any participating f1nn in any proposed joint venture, or any proposed subcontractor have any conflict of interest wi.hin the following context? No person perfonning services for City in connection with any project resulting from this proposal shall have financial or other personal interest, other than employment or retention by City, in any contract or subcontract in connection with such project. No officer or employee of such person perfonning services for City shall have any financial or other personal interest in any real property acquired for any such project, unless such interest is openly disclosed upon the public records of the City and such officer, employee, or person has not participated in property acquisition for or on behalf of City. Yes No 4) Provide a brief work history, length of time in business, ownership, and organization background for proposer, and all participating flnns for a joint venture. a. List all officers (including titles) of the organization. , WPC I'.VlOMEo.ENGINEER\B1UJ:N12.92 Pagt 3 of 16 Allachmtnl 3 9.2-93 b. If proposer is a partially or fully owned subsidiary of another fIrm, an appropriate statement must be included identifying all levels of corporate management required to approve contracts relating to any project resulting from this proposal: c. Indicate whether a specifIc corporation or joint venture would be formed for sole purpose of any project resulting from this proposal: 5) AUDIT AND INSPECTION OF RECORDS: , Proposer shall pennit authorized representatives of City to inspect and audit Proposer's data and records relating to this proposal. Unsubstantiated statements or refusal to pennit audit may cause the proposal to be declared nonresponsive. WPC F.'WOMUNGlNEElNJ/UOJ/2.92 ,;(.:( r- ?'1- Page 4 of 16 Anachment 3 "'"'" "'" ""'" . . . 6) I agree that any contract resulting from the RFP will include a requirement that I obtain and maintain a Performance Bond in a fonn satisfactory to City in the amowlt of $50,000. The Bond will be delivered to the City Transit Coordinator within ten (10) days after selection of Contractor by City Council. Tbe proposal sball be accompanied by a letter from a corporate surety stating tbat proposer is bondable in tbe amount of $50,000. Signature 7) I acknowledge that is thoroughly familiar with the (Name of Company) requirements of the Americans with Disabilities Act (ADA) as. related to the transportation services of this RFP. If awarded a contract to operate HandYtrans, all operations procedures and equipment provided under this contract will be in compliance with the ADA. Signature , Wl'C F.V/OM~EE/MJUGJ12.92 12:2-75 Page 5 of 16 AllachmenI 3 8) List your management and supervisory employees' and their years of applicable and senior and disaoled demand response transportation experience. List only employees expected to be directly involved in providing demand response transportation service for a contract resulting from this proposal. ""'" Employee Name DutiesIResponsibilities on Years of How Long HandY trans Project Relevant with Your Experience Finn . Specifically identify and describe the experience and qualifications of the Location Manager. Be sure to identify where the required experience was obtained as described in "MINTh1UM QUALIFICA nONS" and "REFERENCE" sections. Include a resume for the Location Manager. -..... """\ WPC F.'>HOMEoENGlNEEIM1UG1312.92 Q. a(r-Lt~ Page 6 of 16 Attachment 3 . . . 9) If Proposer plans to hire additional people to provide this service. then Proposer shall furnish the number of people to be hired, description of positions. duties. and responsibility of such people. Include an oI'l!:anization chart showing (1) proposed management structure by job title and name of individual, and (2) all other job categories including proposed number of employees in each category. ~ 1I7'C F.'ilOMFoDiGINEE1MlLl/:N/2.92 Page 7 of 16 Attachmenl 3 9J<-77 . --- 10) State number of years Proposer or Proposer's key personnel has provided demand responsive senior/disabled transportation service. Provide descriptions of service and include all relevant information, including time spans, type of service, and size of each operation in tenns of annual mileslhours, total passengers, and other pertinent information. Identify individual, and provide phone number, who can verify each service described. Wl'C F.'J/OMElENGlNEElMJUGI312.92 Page 8 of 16 Altachm.1Il J ~J?r- 98' -..., -..., -..., . . . 11) Management Program: Proposer shall, at a minimum, address the following: a) Describe the proposed management approach to operation of a demand response public transportation service for seniors and disabled persons, and to meet the ADA Complementary Paratransit Service requirements. b) How will proposer ensure a high-quality cost-effective service? c) Describe the proposed method of scheduling trips and dispatching. d) Describe the proposed method of ensuring on-time performance or vehicle reliability . e) Describe proposed procedures for screening potential contractor employees before hiring and routinely screening employees for: (1) Druguse (2) DMV violations f) HandYtrans drivers will be required to operate vehicles safely and be knowledgeable of the regional fare media and regional transfer procedures. In order to perform these functions completely, it is essential that Contractor maintain knowledgeable drivers and a low turnover rate. Accordingly, proposal shall describe: (1) Techniques to retain knowledgeable, experienced drivers; and (2) The wage scale and benefits to be paid drivers including new driver trainees, drivers on probation, and periodic wage increases. Note: The City is requiring a minimum starting wage of $6.00 Der hour for all drivers after the end of the probation period. , g) Describe management approach to data collection and reporting and how it would apply to the requirement of this RFP. h) Describe employee training program as discussed in Section 13 of Attachment 1, Statement of Work. WPC F.'>HOMe.ENGlNEE/MIUCNIZ.9Z Pagt 9 of 16 AnachmtnI 3 AA-q1 12) Check and complete one of the following to indicate your type of maintenance facility: / / a. Proposer-owned or leased existing maintenance facility located at / / b. Proposed subcontractor with an existing maintenance facility located at (name & address) c. Describe Proposer's maintenance program, including preventative maintenance, handling of breakdowns. and major repairs. Wl'C F.<HOME)ENG/NEElM/J.LGIJJ2.92 Page IO of 16 Attachment 3 -R.R. -Ie> eJ -... -... """'\ . . . 13) VEffiCLES - Option A a. Provide the following infonnation for the required five (5) vehicle(s) to be used in this service. If the proposer intends to use more vehicles than five vehicles, also provide this infonnation on the other vehicles. All of these vehicles must be wheelchair-lift equipped and meet ADA requirements. Vehicle ID 1# Passenger Number of MaIte/MOdeI Model Current Mileage Seating Wheelchair of Vehicle Year Capacity on Tiedown Fixed Seats Stations 1. 2. 3. 4. S. If new vehicles will be purchased or leased, the Vehicle I.D. Number is not necessary. All other infonnation must be provided. Failure to provide the specific vehicle information requested above may cause the Proposal to be deemed nonresponsive. All nonresponsive proposals shall be rejected. All vehicles must meet or exceed the requirements described in ATTACHMENT 1, Section 6. . WPC F.V/OMe.ENGlNEEJNJJUCN12.92 .2:2..-101 Page 11 of 16 Attachment 3 13) Vehicles - Ootion A (continued) b. Provide the following additional information for the required five vehicles. ~ Write a yes or no for each vehicle in each of the following columns: Docs Ihe vehicle have a Docs the vehicle have Is the vehicle equipped with a mobile two-way radio? functioning heating and air- fU'St aid kit, fire extinguisher conditioning? and a reflector kit? I. 2. 3. 4. 5. ....... ....... Wl'C F.'ilOME>ENGlNEElMJLLGI3/2.92 ~.t<. .--f()~ Page 12 of 16 Atrac:hmenl3 . . . 14) Vehicles - OIltion B Provide the following information for the six (6) vehicle(s) to be used in this service. If the proposer intends to use more vehicles than six vehicles, also provide this information on the other vehicles. Two (2) of these vehicles must be wheelchair-lift equipped. All vehicles must meet ADA requirements. Vehicle ID # Passenger Number of MakeIModel Model Current Mileage Sealing Wheelchair of Vehicle Year Capacity Tiedown on Fixed Stations Seats l. 2. 3. 4. 5. 6. . If new vehicles will be purchased or leased, the Vehicle 1.0. Number is not necessary. All other information must be provided. Failure to provide the specific vehicle information requested above may cause the Proposal to be deemed nonresponsive. All nonresponsive proposals shall be rejected. All vehicles must meet or exceed the requirements described in ATTACHMENT 1, Section 7. Wl'C F!J/OME>ENGlN/iEIMIUGJ12.92 Pagt 13 of 16 Attachmtnl 3 ,;42-103 14) Vehicles - Ootion B (continued) b. Provide the following additional information for the required six (6) vehicles. .......... Write a yes or no for each vehicle in each of the following columns: Does the vehicle have a Does the vehicle have Is the vehicle equipped with a mobile two-way radio? functioning healing and air- tint aid kit, fire extinguisher . conditioning? and a refleclOr kit? 1. 2. 3. 4. 5. 6. .......... .......... WPC F.WOMIMNGlNEE1MJULN/2.92 ~ r-f04 Page 14 of 16 A/tQchmenl J 15) REFERENCES . Provide names, addresses, and telephone numbers of at least four (4) people from different organizations who have personal knowledge of your firm's ability to provide elderly and handicapped demand response transportation service and would be willing to . provide information to the City. If a joint venture is proposed, provide four (4) references for each partner in the joint venture. 1) Name of Person Title Phone Number Firm Name Firm Address 2) Name of Person Title Phone Number Firm Name Firm Address . 3) Name of Person Title Phone Number Firm Name Firm Address , 4) Name of Person Title Phone Number Firm Name Firm Address . WPC F.'>HOMN:NGlNUlMlUGlJ12.92 :<.2 -{os- Pagt 15 of 16 AUachmtnl 3 16) This Proposal is an offer to do the work as described in this proposal, including Price Proposal Form and the Request for Proposals. This proposal shall remain valid for days from the deadline date for proposal receipt by the City. (minimum 120) SIGNA TIJRE: (Person with legal authority to bind Proposer) SIGNER'S NAME AND TITLE: DATE SIGNED: WPC F.VlOMeJiNGINEElrlBJi.LGIJlZ.92 Page 16 of 16 Attachment 3 ~-? <--10 {j """'\ """'\ """"'\ . . . ATTACHMENT 4 PRICE PROPOSAL FORM - OPTION A Please provide cost information for this proposal on Option A in the format requested. Components of Proposer's fixed fee and hourly rate shall be detailed in Tables lA, 1B, and IC. Start-up costs, if any, shall!!.Q1 be included in Table 1, but must be shown below. ODtion A A. Start-up Costs $ Total Please list main components and cost associated with each. Comoonent Cost $ $ $ B. Total 36-month cost $ Total C. Total contract cost for 36 months $ Total (A & B) Page I of II Attachment 4 W1'C F.VlOMUNGlNEEIMlUCN12.92 .:l2-I07 PRICE PROPOSAL FORM - OPTION A TABLE lA: July I, 1993 - June 30, 1994 Cost Breakdown (not including lump sum start-up costs) -..", PROPOSED TOTAL ANNUAL COSTS OPTION A Vehicle Service Monthly Expense Object Class Class No. Hourly Rate Fixed Fee Cost Components Cost Components Labor 501.00 . Operators salaries &; wages 501.01 . Msintenance saIari.. &; wages 501.02 . Management salaries &; wages 501.03 Fringe Benefits '502.00 Services 503.00 Materials &; Supplies 504.00 . Die..l FuellGasoline 504.01 . Lubricants. Gas, Misc. ($I.OOIgal) 504.02 . Tires &; Tubes 504.03 . Vehicle Maintenance Parts 504.04 . Other Materials &; Supplies 504.05 Utiliti.. 505.00 Casualty &; Liability Costs 506.00 T.... 507.00 Miscellaneous Expens.. 509.00 Expense Trana!.... 510.00 Interest Expense 511.00 Le.... &; Rentals 51200 Depreciation & Amortization 513.00 Management Fee, Profit 514.00 Total Annual Hourly Cost Components'1) (I) (~ .. Total Annual (excluding any start-up costs) $ $ Monthly Fixed Cost Components Total Hourly Rate (Based on 8,868 hrs)'~ '" (') (~ Fixed Fee Hourly (Annual cost'1) + 8,868 hrs) $ $ Rate $ Total Annual Cost -For cut compariIoa JMIrPC*lI. 11M $1.00 peI'..1Ioa ror fuel. (I) + (2) -., """"" WPC F.WOMUNGINEEIN1Juc.312.92 .:{%( ,-108' Page 2 of IJ Attachment 4 . . . PRICE PROPOSAL FORM. OPTION A TABLE 1B: July 1, 1994 - June 30, 1995 Cost Breakdown (not including lump sum start-up costs) PROPOSED TOTAL ANNUAL COSTS OPTION A Vehicle Service Monthly Expense Object Class Class No. Hourly Rate Fixed Fee Cost Components Cost Components Labor 501.00 . Operators salaries &. wages 501.01 . Maintenance salaries &. wages 501.02 . Management salaries & wages 501.03 Fringe Benefits 502.00 Services 503.00 Materials & Supplies 504.00 . Diesel Fuel/Gasoline 504.01 . Lubricants, Gas, Misc. ($I.00/gal) S04.02 . Tires & Tubes 504.03 . V chicle Maintenance Parts 504.04 . Other Materials & Supplies 504.05 Utilities 505.00 . Casualty & Liability Costs 506.00 Taxes 507.00 Miscellaneous Expenses 509.00 Expense Transfers 510.00 Interest Expense 511.00 . Leases & Rentals 512.00 Depreciation & Amortization 513.00 Management Fee, Profit 514.00 Total Annual HO\D'ly Cost Components'l) ,I) ,> (2) Total Annual (excluding any start-up costs) $ $ Monthly Fixed Cost Components Total HO\D'ly Rate (Based on 8,868 hrs)'" 'I) ,~ (4) Fixed Fee Hourly (Annual cost'" + 8,868 hrs) $ $ Rate $ Total Annual Cost -For 1*1 comparisoD purpoHI. lDe $1.00 per JlUoa for fuel. (I) + (2) Wl'C F.VlOM/MNGlNEE1NJ/UfN/2.92 Pagd of 11 AttachmenI 4 ~.t- /OCf PRICE PROPOSAL FORM. OPTION A TABLE lC: July 1, 1995 - June 30, 1996 Cost Breakdown (not including lump sum start-up costs) """'"'\ PROPOSED TOTAL ANNUAL COSTS OPTION A Vehicle Service Monthly Expense Object Class Class No. Hourly Rate Fixed Fee Cost Components Cost Components Labor 501.00 . Operators salaries & wages S01.01 . Maintenance salaries & wages SOI.02 . Management salaries & wages 501.03 Fringe Benefits 502.00 Services 503.00 Materials & Supplies 504.00 . Diesel FueIJGasoline 504.01 . Lubricants, Gas. Misc. ($I.OOIgal) . 504.02 . Tires & Tubes 504.03 . Vebiele Maintenance Parts 504.04 . Other Materials & Supplies 504.05 Utilities 505.00 Casualty & Liability Costs 506.00 Taxes 507.00 Miscellaneous Expenses 509.00 Expense Transfers 510.00 Interest Expense 511.00 Leases & Rentals 512.00 Depreciation & Amortization 513.00 Management Fee. Profit 514.00 Total Annual Hourly Cost Components'" '" '0 (7) Total Annual (excluding any start-up costs) $ $ . Monthly Fixed Cost Components Total Hourly Rate (Based on 8.868 hrs)'3) (3) ,'> (4) Fixed Fee HoW'Jy (Annual cost''' + 8.868 hrs) $ $ Rate $ Total Annual Cost "For cost c:omparisoD puI'pCI"$. use $1.00 per ..Uoo ror fuel. (I) + (2) """'"'\ -... WPC Fi'J/OMe.ENGINEElNJIUG\i12.92 ';<':(,-.1 t 0 Page 4 of II Attachment 4 . . PRICE PROPOSAL FORM . OPTION B Please provide cost information for this proposal on Option B, Comnonents I and 2, in the format requested. Cost line items of Proposer's fixed fee hourly rate shall be detailed in Tables lA, IB, and IC for each comnonent of Dotion B. Start-up costs, if any, shall!lQ! be included in Table 1, but must be shown below. C. Total 36-month cost (Component 2) (Includes fixed fee and hourly rate) $ Total C. Total contract cost for 36 months $ Total (A, B, & C) Wl'C F."HOMM:NGINEE/MJUlN/2.92 PageS of Jl Anachmenl 4 #tl-{ , I -' PRICE PROPOSAL FORM - OPTION B - Component 1 TABLE lA: July 1, 1993 - June 30, 1994 Cost Breakdown (not including lump sum start-up costs) """ PROPOSED TOTAL ANNUAL COSTS OPTION B Vehicle Service Monthly Expense Object Class Class No. Hourly Rate Fixed Fee Cost Components Cost Components Labor SOI.00 . Operators salaries '" wages S01.01 . Maintenance salaries &: wages SOI.02 . Management salaries '" wages S01.03 Fringe Benefits S02.00 Services S03.00 Materials '" Supplies S04.00 . Diesel Fuel/Gasoline S04.01 . Lubricants, Gas, Misc. ($I.OOIgal) S04.02 . Tiles '" Tubes S04.03 . Vehicle Maintenance Parts 504.04 . Other Materials '" Supplies S04.0S Utilities S05.00 Casualty '" Liability Costs S06.00 Tax.. S07.00 Miscellaneous Expenses 509.00 Expense Transfers S 10.00 Interest Expense . SII.00 Leases'" Rentals S 12.00 Depreciation &: Amortization S13.00 Management Fee, Profit SI4.00 Total Annual Hourly Cost Components'1) (I) '" '" Total Annual (excluding any start. up costs) $ $ Monthly Fixed Cost Components Total Hourly Rate (Based on 1,3S5 hrs)(~ ,~ '" ('J Fixed Fee Hourly (Annual cos{1) + 1,3S5 hrs) $ $ Rate $ Total Annual Cost -For COIl comparboa ~. uae $1.(10 pII' lallo8 Cor fuel. (I) + (2) """ "'"'" WPC F.V10MUNGlNEEINJ/LJ.(N/2.92 ~;z <c- t t.:z Page 6 of II Altachmenl4 . . . . PRICE PROPOSAL FORM - OPTION B - Component 2 TABLE lA: July I, 1993 - June 30, 1994 Cost Breakdown (not including lump sum start-up costs) . PROPOSED TOTAL ANNUAL COSTS OPTION B V.mcle Service Monthly Expense Object Class Clas. No. Hourly Rate Fixed Fee Co.t Components Co.t Components Labor SOUlO . Operaton .alaries &: wages SOl.Ol . Maintenance salaries &: wages SOl.02 . Management salaries &: wag.. SOl.03 Fring. Ben.lits S02.00 Services S03.00 Materials &: Supplies S04.00 . Di...l Fu.l/Gasolin. . S04.0l . Lubricants, Gas, Misc. ($l.OOIgal) S04.02 . Tire. &: Tubes S04.03 . Vehicle Maintenance ParIll S04.04 . Other Material. &: Supplies S04.OS Utiliti.. SOS.OO Casualty &: Liability Co.ts S06.00 Taxes S07 .00 Miscellaneous Expenses S09.00 Expense Transf... SIO.OO lot....t Expens. Sll.OO Le.... &: R.ntals Sl2.00 Depreciation &: Amortization S13.00 Management Fee, Prolit SI4.00 Total Annual HoID"Iy Coot Compon.nts''' (I) '" '" Total Annual (.xcluding any start-up co.ta) $ $ Monthly Fixed Co.t Componenta Total HolD"ly Rate (Based on 3,77S hrsf~ (3) (') (<) Fix.d Fee HOlD"ly (Annual co.~" + 3,77S hrs) $ $ Rate $ Total Annual Co.t 01'0<_ ___ _. _ $t.oo.... aalloo r..lUoI. (1) + (2) II'1'C F.WOMe.ENGlNEEIMllUN/2.92 Page 7 of 11 AttachmenI 4 :< ek-I J3 PRICE PROPOSAL FORM. OPTION B - Component 1 TABLE 1B: July 1, 1994 - June 30, 1995 Cost Breakdown (not including lump sum start-up costs) ~ PROPOSED TOTAL ANNUAL COSTS OPTION B Vehicle Senrice Monthly Expense Object Class Class No. Hourly Rare Fixed Fee Cost Components Cost Components Labor 50J.()0 . Operators salaries & wages 501.01 . Maintenance salaries &. wages 501.02 . Management salaries &. wages 501.03 Fringe Benefits 502.00 Services 503.00 Materi.ls & Supplies 504.00 . Diesel Fuel/Gasoline 504.01 . Lubricants, Gas, Misc. ($l.oo/g.l) 504.02 . Tires & Tubes 504.03 . Vohicle Maintenance Parts 504.04 . Other Materials & Supplies 504.05 Utilities 505.00 Casualty & Liability Costs 506.00 Taxes 507.00 Miscellaneous Expenses 509.00 Expense Transfers 510.00 Interest Expense 511.00 Leases & Rentals 512.00 Depreciation &. Amortization 513.00 Management Fee, Profit 514.00 Total Annual Hourly Cost Components(l) (I) (~ (ll Total Annual (excluding any start-up oosts) $ $ Monthly Fixed Cost Components Total Hourly Rate (Based on 7.355 hrs)(" (J) (4) (4) Fixed Fee Hourly (Annu.l oost''' + 7.355 hrs) $ $ Rate $ Total Annual Cost -For cost coqwiloD pwposcs, ..e $1.00 per .a1loo ror fuel. (I) + (2) .~ ^"""'. WPC F.V10M8ENGfNEElNJlu.GI312.92 Page 8 of 11 Attachment 4 ~~-f!4- . . . PRICE PROPOSAL FORM. OPTION B - Component 2 TABLE 1B: July 1, 1994 - June 30, 1995 Cost Breakdown (not including lump sum start-up costs) PROPOSED TOTAL ANNUAL COSTS OPTION B Vehicle Service Monthly Expense Object Class Class No. Hourly Rate Fixed Fee Cost Components Cost Components Labor 50U)() . Operalors salaries '" wages S01.01 . Maintenance salaries Be. wages 501.02 . Management salaries &. wages 501.03 Fringe Benefits 502.00 Services 503.00 Malerials '" Supplies 504.00 . Diesel Fuel 504.01 . Lubricants, Gas, Misc. ($I.00/gal) 504.02 . Tires'" Tubes 504.03 . Vehicle Maintenance Parts 504.04 . Other Malerials '" Supplies 504.05 . Utilities 505.00 Casualty '" Liability Costs 506.00 Taxes . 507.00 Miscellaneous Expenses 509.00 Expense Transfers 510.00 Interest Expense 511.00 Leases '" Rentals 512.00 Depreciation'" Amortization 513.00 Management Fee, Profit 514.00 Total Annual Hourly Cost Components(1) (I) (~ (~ Total Annual (excluding any start-up costs) $ $ Monthly Fixed Cost Components Total Hourly Rale (Based on 3,775 hrst~ (~ (<, (<, Fixed Fee Hourly (Annual cost I) + 3,775 hrs) $ $ Rate $ Total Annual Cost -For ,*t compuUon pm'pOMS. use $1.00 per aaDoa for fuel. (1) + (2) WPC F.VlOME>ENG1NEE/lIB1UG'oJ/2.92 Page 9 of 11 Allachment 4 a?Pl.-IIS- PRICE PROPOSAL FORM - OPTION B - Component 2 TABLE lC: July I, 1995 - June 3D, 1996 Cost Breakdown (not including lump sum start-up costs) """'\ PROPOSED TOTAL ANNUAL COSTS OPTION B Vehicle Service Monthly Expense Object Class Class No. Hourly Rate Fixed Fee Cost Components Cost Components Labor 501.00 . Operators salaries &; wages 501.01 . Maintenance salaries & wages 501.02 . Management salaries & wages 501.03 Fringe Benefits 502.00 Services 503.00 Materials & Supplies 504.00 . Diesel Fuel/Gasoline 504.01 . Lubricants. Gas. Misc. ($I.OOIgal) 504.02 . Tires & Tubes 504.03 . Vehicle Maintenance Parts 504.04 . Other Materials & Supplies 504.05 Utilities 505.00 Casualty & Liability Costs 506.00 Tax.. 507.00 Miscellaneous Expenses 509.00 Expense Transfers 510.00 Interest Expense 511.00 Leases & Rentals 512.00 Depreciation &; Amortization 513.00 Management Fee. Profit 514.00 Total Annual Hourly Cost Components'l) (I) '" '" Total Annual (excluding any start-up oosts) $ $ Monthly Fixed Cost Components Total Hourly Rate (Based on 3.n5 hrs)'" '" (4) (4) Fixed Fee Hourly (Annual oosrl) + 3,n5 hrs) $ $ Rate $ Total Annual Cost -For cost compariloa purpm., use $1.00 per .&1100 fot fuel. (1) + (2) ---.. ......." ~<""'f/C Page 10 of II Attachment 4 Wl'C F.WOM~GINEElNJIUt:N12.92 . . . PRICE PROPOSAL FORM. OPTION B - Component 2 TABLE lC: July I, 1995 - June 30,1996 Cost Breakdown (not including lump sum start-up costs) PROPOSED TOTAL ANNUAL COSTS OPTIONB Vehicle Service Monthly Expense Object Class Class No. Hourly Rale Fixed Fee Cost Components Cost Components Labor 501.00 . Operato... salaries 8< wages 501.01 . Maintenance salaries & wages 501.02 . Management salaries & wages 501.03 Fringe Benefits 502.00 Services 503.00 Materials 8< Supplies 504.00 . Diesel Fuel/Gasoline 504.01 . Lubricants, Gas. Misc. ($I.OOIgal) 504.02 . . Tires 8< Tubes 504.03 . Vehicle Maintenance Parts 504.04 . Other Materials 8< Supplies 504.05 Utilities 505.00 Casualty 8< Liability Costs 506.00 Taxes 507.00 Miscellaneous Expenses 509.00 Expense Transfers 510.00 Interest Expense 511.00 Leases 8< Rentals 512.00 Depreciation 8< Amortization 513.00 Management Fee. Profit 514.00 Total Annual Hourly Cost Components')) (I) ,~ (2) Total Annual (excluding any start-up costs) $ $ Monthly Fixed Cost Components Total Hourly RBle (Based on 3.775 hrs)')) ,)) '" (4) Fixed Fee Hourly (Annual cost") + 3.775 hrs) $ $ Rale $ Total Annual Cost .For cost c:ompariJoa purpoM6. use $1.00 per CaUoa. for fuel. (I) + (2) Wl'C F.'>HOMElENGINEElNJILLfNJ2.92 Page 11 of 11 Attachment 4 fZ~ -117 ATTACHMENT 5 Expense Object Class Defmitions """"" 501.00 Labor "Labor" is the pay and allowances due employees in exchange for the labor services they render in behalf of the transit system. It is necessary to distinguish the allowances to be included in "Fringe Benefits". The "Labor" allowances include payments direct to the employee arising from the performance of a piece of work, such as shift differentials, overtime premiums, minimum guarantees, etc. The "Fringe Benefit" allowances include payments direct to the employee, but not arising from the performance of a piece of work. The latter allowances include paid absence for illness, holidays, vacations, jury duty. etc. 501.01 Labor - Ooerators' Salaries and Wages The labor of employees of the operator who are classified as revenue vehicle operators, dispatchers, driver trainers or supervisors. 501.02 Labor - Maintenance Salaries and Wages ......... The labor of employees of the operator who are classified as maintenance employees. 501.03 Labor - Management Salaries and Wages The labor employees of the transit system who are classified as management employees including senior management staff, general manager/transit coordinator, accounting, personnel, clerical and director of safety/training. 502.00 Fringe Benefits "Fringe Benefits are payments or accruals to others (insurance companies, governments, etc.) on behalf of an employee and payments or accruals direct to an employee arising. from something other than his performance of a piece of work. These payments are operator costs cover and above "Labor" costs, but still arising from the employment relationship. ........ WPC F.'WOMe.ENGlNEElNJJUG\312.92 ~-f Ii' Pagel 014 AtlachmenJ 5 . . . 503.00 504.00 504.01 504.02 504.03 , 504.04 Services "Service" is labor and other work provided by outside organizations for fees and related expenses. In most instances, service from an outside organization is procured as a substitute for in-house employee labor, except in the case of independent audits which could not be performed by employees in the first place. The substitution is usually made because the skills offered by the outside organization are needed for only a short period of time or are better than internally available skills. The charge for these services is usually based on the labor hours invested in performing the service. Materials and Suoolies Consumed "Materials and Supplies are tangible products obtained from outside suppliers or manufactured internally. Freight-in, purchase discounts, cash discounts, sales taxes and excise taxes (except on fuel and lubricants) are to be included in the cost of the material or supply. Charges to these expense accounts will be for the materials and supplies issued from inventory for use and for the materials and supplies purchased for immediate use, i.e., without going through inventory. ~ The cost of gasoline used in vehicles before taxes are added. Lubricants and Other Fuel Includes all lubricating oil, transmission fluid, and grease for use in vehicles and gasoline for support vehicles. Tires and Tubes Lease payments for tires and tubes rented on a time period or mileage basis. Cost of tires and tubes for replacement of tires and tubes on vehicles. Vehicle Maintenance Parts Cost of vehicle parts directly attributable to maintenance of buses and support vehicles. Page 2 of4 Attachment 5 WPC F.'JIOMlMNGlNEE/Nllu.G\312.92 :1..;).._1/1 504.05 505.00 506.00 507.00 509.00 510.00 Other Materials and SUDDlies -.. Cost of materials and supplies not specifically identified in object classes 504.01 - 504.04 issued from inventory or purchased for immediate consumption. e.g., cleaning supplies, office forms, etc. Utilities "Utilities" are payments made to various utilities for utilization of their resources (e.g., electric, gas, water, telephone, etc). Casualtv and Liabilitv Costs "Casualty and Liability Costs" include cost elements covering: protection of the operator from loss through insurance programs. compensation of others for their losses due to acts for which the transit system is liable, and recognition of the cost of a miscellaneous category of corporate losses. The costs of repairing damaged property are recorded in labor, fringe benefit, material and services object classes. The costs of writing off property damage beyond repair are ""'" recorded in an object class for depreciation. The costs of operator employees engaged in insuring and processing claims for and against the operator are recorded in labor and fringe benefit object classes: Taxes "Taxes" are those taxes levied against the operator by Federal, state, and local governments. Sales and excise taxes on materials and services purchased other than fuel and lubricants are not included in this category, but are accounted for as part of the base price of the material or service. Miscellaneous EXDenses "Miscellaneous Expenses" are those expenses which cannot be attributed to any of the other major expense categories (i.e., 501.00 - 507.00 and 509.00 - 514.00). EXDense Transfers "Expense Transfers" are accounts to be used for reporting adjustments and reclassifications of expenses previously recorded. ........, Page 3 0/4 AUachmenl 5 W.PC F.'JIOMMNGlNEElNJJlliNJ2.92 :2.;;( -/~O . . . 511.00 512.00 513.00 514.00 Interest Exoense "Interest Expense" are charges for the use of borrowed capital incurred by the operator. Leases and Rentals "Leases and Rentals" are payments for the use of capital assets not owned by the operator. Depreciation and Amortization "Depreciation and Amortization" are charges that reflect the loss in service value of the operator's assets. Manae:ement Fee. Profit. Other Specify. Page 40{4 Attachment 5 WPC F.V/OMUNGfNEE1N1/UG\U2.92 ~-I1<-f ~ . SJ.Nno;) lIIVH:nlIlIHM .. ot z ;Q~i Cl 5 < e ~ ~ ;,; U ZlIJ ~~h C> ... ;:: .. ~ u Ii 0 u u II w Z ;0: . < !- U ~f: iii ~ Ii 0 .. .. .. .. .. .. w .. .. > . . Wi Wi O"lOS Iii !l.LiDC1~ 'tS 2 .. .. .. .. w .. .. 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J .6< .. i: "; 'II -; ... ... II! ! "' ... 1 '= "' II!-: ,:.. "" ~ : "'~ t; :'.:: . ~ - "' a... t: . . II'" - II! "'0 .. . .. . oM . .II: . '" ~ I '= Ii E a- 0 .. ...- .. "' II!- '" 0 Oc .. ... . ~ ,. ~ . Q E .. .. - - i - . . - "' - "' Q -1- "' - "' . "' . - 1''; I: .!! ai 1 :: - "' .. 0 >- .. ... .. I: ~ -: . . ~Ei= = ... . . "' ..... ell-- E... I I I ..L. ,;;(;< - / Jl3 ~ "' - ii - "' -- ...- 1:= "'- "t 1103 Cc 00 c~ "' - "' ~ .. -=.: JI... ... II II .. ~... "' - ~ II! ... . II -: ~ ...- ... ~ II! :; ~,. .. = II! .... .... II II ...~ ...... .. "' :;: ..~ "'- . "' "1: .. "' "'.. J! II ~ - .. .!!.. .. .. "' . ~ "' ':e1 :; "' "'z -= II . . -.. - ':z . ... ~ 'L ..... .,"""" ) ~ ( < B J~ ~ ~i iH i I- z: .... :E ::t: U <I: l- I- <I: .5 ~~ III . ~~ '" . ~ .... ~ COUNCIL AGENDA STATEMENT SUBMITIED BY: Item..~ 3A Meeting Date 5/11/93 Resolution 17) Jt! Approving the conversion of two vehicles to CNG, amending the FY 1992-93 budget, and appropriating funds ilIA lC Director of FinancJ:/ f/ .{fi ,1~ / Director of Public Works l' ITEM TITLE: REVIEWED BY: City Manager (ft')!. (4/5ths Vote: YesxNo-> At the City Council meeting of April 27, 1993, Council was asked to accept bids and award contracts for the purchase of trucks previously approved in the FY 1992-93 budget. Council continued that item until the May 11, 1993, Council meeting so that staff could do two things. 1. Clarify whether consideration of local sales tax generation would have changed the bid award. 2. Make a recommendation on possible conversion of these vehicles to alternate fuels. This agenda statement will address the conversion and also discuss local sales tax. The previous agenda statement and its accompanying resolution which addressed the items being purchased and the award of bids are attached and not changed. RECOMMENDATION: That Council approve the immediate conversion (upon receipt) of the two compact 4 x 4 pick-up trucks to CNG (Compressed Natural Gas). Authorize staff to return to Council during FY 1993-94 for conversion of the remaining vehicles. Amend the FY 1992-93 budget by appropriating $8,200. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The table below shows the trucks recommended for purchase, the price submitted by the lowest bidder, and how much above that Fuller Ford would be with the consideration of local sales tax generation. J3A-1 ';3~ Page 2, Item___ Meeting Date 5/11/93 Two compact 4x4 pick-up trucks $27,439.48 FULLER FORD BID AMOUNT PLUS $883.34 ITEM LOW BID AMOUNT One one ton cab and chassis truck with survey body $25,391.29 PLUS $2,055.20 One 3/4 ton cab and chassis truck with park maintenance service body $14,523.42 PLUS $662.74 One 3/4 ton cab and chassis truck with animal collection body $20,031.15 PLUS $937.66 As indicated above, when staff proposed the purchase of these vehicles at the April 27, 1993, meeting, Council requested that the item be continued for two weeks and that staff examine the conversion of some or all of these vehicles to alternate fuel. While staff is still in the process of examining alternate fuels, it is expected that the ultimate recommendation will be a mix of electrical, CNG, and flexible fuel(methanol) vehicles. At this point, what is known about each of the fuels is summarized below: . Propane Not recommended for consideration since it does nothing to reduce carbon monoxide emissions. . CNG A local fueling facility is available at the Chula Vista Elementary School District transit yard at 84 East "J" Street. Staff is still negotiating with District staff to ensure 24 hr per day, seven days per week access. CNG is a clean burning fuel that reduces all three major emissions. Additionally, SDG&E will pay for up to half the conversion costs for converting any of the City's gasoline vehicles or half of the difference in cost between the CNG, Full Size GMC 1/2 ton pickup and its comparable gasoline burning engine price. The California Energy Commission will pay the remaining half of the incremental costs for the CNG Full Size GMC pick-ups. The California State Energy Commission expects to have a program sometime next fiscal year that will pay up to half of the conversion costs for retrofit of medium duty vehicles. Medium duty vehicles are the 3/4 and one ton cab and chassis trucks being requested for Parks & Recreation, Animal Control, and the Survey Crew. The State does not have a program that will allow us to purchase new 4 x 4 pick-ups for the inspectors or pay for their retrofit. This means that if Council accepts staff's recommendation to p.urchase all the vehicles and retrofit the two 4 x 4 compact pick-ups, the City would be able to recover half of the $8,200 conversion cost(from SDG&E) but not the remainder. ):JA ,,;. .2:1 A Page 3, Item___ Meeting Date 5/11/93 . Methanol M-S5 Methanol reduces reactive hydrocarbons by about 60%, carbon monoxide by about 10-20%, and releases similar amounts of nitrogen dioxide as compared to unleaded gasoline. There seems to be some dispute in the literature that staff has reviewed as to whether or not methanol poses any special danger to mechanics working on methanol vehicles for a standard work day. In fact, the last paragraph of the "APWA Alternative Fuels" brochure given to Council says, "Even though methanol presents a significant health risk, in experimentation by transit operators, the Urban Mass Transportation Administration reports that there have been no incidents reported in four years of experimentation." Staff does know that special ventilation systems in the Equipment Maintenance shop will be required since methanol vapor has a density 1.1 times that of air. At the present time, the major obstacle to using a few methanol vehicles on a trial basis is that the nearest fueling facility is at 1221 11th Ave. in downtown San Diego. . Bectric Electric vehicles themselves produce no emissions. However, the generation of the electricity to charge their batteries will pollute the environment to varying degrees depending on the fuel used. The electrical vehicles that staff has seen so far have a range of about 50 miles on flat terrain and are relatively expensive. Staff is especially hopeful that electric parking control vehicles might be available in the future. In discussions with Hawthorne Heavy Equipment( the company used by SDG&E for all of its CNG conversions), staff learned that the expected fuel range for the five trucks would be as follows: Compact 4x4 pick-ups 140 - 180 miles 3/4 ton vehicles 150 miles one ton survey truck 120 miles . Staff believes that the 4 x 4 Public Works Inspector vehicles are good vehicles to use as a test for CNG for the City. There are very few cases when inspectors' vehicles would need to be driven further in a single day than the approximately 140 - 180 mile range that these vehicles will have. In addition, for the most part, these vehicles are each driven by a single driver who will be able to provide feedback on the performance of CNG vehicles. As discussed in the section on CNG fuel, staff fully expects to return to Council in FY1993-94 and request that at least two (the survey vehicle and the Parks maintenance vehicle) of the other three vehicles be converted. Neither of those vehicles typically puts on more miles than the expected CNG fuel range for a day. The Animal Control vehicle, however, is another matter. When we receive the vehicle, we will determine which gasoline fuel tanks can be removed, whether or not they can be replaced with CNG tanks, and whether any additional CNG tanks can be installed to provide a range greater than 150 miles. While Animal Control typically puts on an average of 80 -130 miles a day, there are occasions when a vehicle might be driven further and having to refuel would be inefficient. When the truck is received, we will ,):J/J"J Page 4, IteDL~:J~ Meeting Date 5/11/93 take it to Hawthorne Heavy Equipment and ask their opinion on the range that can be obtained from the converted vehicles. Once Hawthorne is able to physically examine the vehicle with the animal collection body installed, they will be better able to determine if additional CNG tanks might be added. Should Council decide not to bear the expense of half of the conversion costs of the 4 x 4 pick-ups, then staff recommends that Council not approve the resolution amending the budget and approving the conversion, but that Council still approve the purchase of the vehicles this year as they are needed. One of the compact 4x4's is for the additional Public Works inspector added for FYI992-93. The new one ton survey truck is for the licensed Land Surveyor position added for FY1992-93. The remaining three vehicles were part of the regular FY1992-93 Equipment Replacement Program. In fact, the animal control vehicle is currently deadlined and beyond economical repair. The Environmental Resource Manager has been working in conjunction with the Deputy Director of Public Works/Operations and fully supports this recommendation. Additionally, she has applied for a State grant, which might be able to be used for the retrofits. If that grant is received prior to the California Energy Commission's Program, staff will recommend using those funds for retrofit. As indicated in the table at the beginning of this discussion, the consideration of locally generated sales tax would not have changed the low bidder for any of the purchases. In the future, staff will ensure such information is clearly provided to Council. FISCAL IMPACT: The fiscal impact of accepting the bids and awarding the contract for the purchase of trucks is as indicated on the attached previous agenda statement. In short, the budget for the current fiscal year has already provided funds for the purchase of these vehicles. The fiscal impact of converting the two 4 x 4 pick-ups will be an initial outlay of S8,200 for the conversion with a net impact of S4,lOO after reimbursement is received from SDG&E. (CNGCONV.DOC) -2J/I..tf RESOLUTION NO. /7/Jo/ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE CONVERSION OF TWO VEHICLES TO CNG, AMENDING THE FY 1992-93 BUDGET, AND APPROPRIATING FUNDS WHEREAS, at the City Council meeting of April 27, 1993, Council was asked to accept bids and award contract for the purchase of trucks previously approved in the FY 1992-93 budget; and WHEREAS, Council continued the item so staff could examine whether consideration of local sales tax generation would have changed the bid award and make a recommendation on possible conversion of these vehicles to alternate fuel; and WHEREAS, staff recommends the immediate conversion (upon receipt) of the two 4 x 4 piCk-Up trucks to CNG (Compressed Natural Gas) and authorize staff to return to Council during FY 1993-94 for conversion of the remaining vehicles and amend the FY 1992-93 budget. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby approve the conversion of two 4 x 4 pick-up trucks to CNG. BE IT FURTHER RESOLVED that the FY 1992-93 budget is hereby amended by appropriating $8,200 from the unappropriated balance of the General Fund into Account 700-7000-52 5. John P. Lippitt, Director of Public Works a.~o Presented by Bruce M. Attorney F:\home\attomey\CNO 1311'5' /~3A-8 COUNCn.. AGENDA STATEMENT Item / J Meeting Date 4/27/93 ITEM TITLE: Resolution l'lcq I Accepting bids and awarding contract for the purchase of trucks SUBMITTED BY: Director of Finance j ~ REVIEWED BY: City ManagerJS bJ. ~l (4/5ths Vote: Yes_No...!J Bids were received and opened on April 12, 1993 in the office of the Purchasing Agent for the purchase of the below listed vehicles. Bid proposal forms were mailed to nine truck dealers. ITEM I 2 3 4 OTY 2 1 1 1 DESCRIPTION Trucks, pickup, 4x4 Cab & Chassis with Survey body Cab & Chassis with Service body Cab & Chas~is with animal collection body DIVISION Engineering -Inspection Engineering -Inspection Parks Maintenance Anin;1al Regulation The above vehicles were approved in the FY 92193 budget One of item I, item 3 and 4 were approved in the Equipment replacement budget. One of .item 1 and item 2 were approved in the General Fund for new hires in Engineering-Inspection. RECOMMENDATION: Item 1 & 2 - That Council award bid to EI Cajon Ford. Item 3 & 4 - That Council award bid to Keamy Mesa Ford. BOARDS/COMMISSION RECOMMENDATION: Not applicable. DISCUSSION: ITEM 1 - Trucks. Dick UD. 4x4 UNIT PRICE SALES TRADE.IN BIDDER PRICE x2 TAX ALLOWANCE AMOUNT EI Cajon Ford 13,545 27,090 2,099.48 - 1,750 $ 27 .439.48 Drew Ford 13,784 27,568 2,136.52 - 1,500 28,204.52 Fuller Ford 13,969 27,938 2,165.20 - 1,501 28,602.20 Keamy Mesa Ford 13,964 27,928 2,164.42 - 1,200 28,829.42 The low bid meets specifications and is acceptable. Y.23/1-7 Page 2, Item Meeting Date 4/27/93 ITEM 2 . Cab & Chassis with Survey Bodv UNIT SALES BIDDER PRICE TAX AMOUNT El Cajon Ford 23,565 1,826.29 $ 25.391.29 Drew Ford 23,767 1,841.94 25,608.94 Fuller Ford 25,711 1,992.60 27,703.60 Keamy Mesa Ford 25,785 1,998.34 27,783.34 The low bid meets specifications and is acceptable. ITEM 3 . Cab & Chassis with Service Bodv UNIT SALES TRADE.IN BIDDER PRICE TAX ALLOWANCE AMOUJI.'T Keamy Mesa Ford 15,799.00 1,224.42 - 2,500 .$ 14.523.42 El Cajon Ford 16,366.00 1,268.37 - 3,000 14,634.37 Fuller Ford 15,632.00 1,211.48 - 1,501 15,342.48 Drew Ford 16,710.85 1,253.24 - 2,000 15,424.09 The low bid meets specifications and is acceptable. ITEM 4 . Cab & Chassis with Animal Collection Bodv UNIT SALES TRADE.IN BIDDER PRICE TAX ALLOWANCE AMOUNT Keamy Mesa Ford 21,189 1,642.15 - 2,800 $ 20.031.15 EI Cajon Ford 21,700 1,681.75 - 3,000 20,381.75 Fuller Ford 21,049 1,631.30 - 1,501 21,179.30 Drew Ford 26,100 2,822.75 - 2,500 25,622.75 The low bid meets specifications and is acceptable. FISCAL IMPACT: Sufficient funds are provided for in FY 92-93 Equipment Replacement Fund for the purchase of one truck listed in item I, item 3 and item 4. The budget provides $50,673. Purchase cost will be $47,399.31. Sufficient funds are provided for in the General Fund for one truck listed in item 1 and item 2. The budget provides $47,480. Purchase cost will be $39,986.03. WPC: F:\HOME\CNGINEE.R.'AGENDA '811.93 ~ ~:J,4"?!f' RESOLUTION NO. /7P91 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR THE PURCHASE OF TRUCKS WHEREAS, bids were received and opened on April 12 , 1993 in the office of the Purchasing Agent for the purchase of the following vehicles: ITEM QTY DESCRIPTION DMSION 1 2 3 4 2 1 1 1 Trucks, pickup, 4x4 Cab & Chassis with Survey body Cab & Chassis with Service body Cab & Chassis with animal collection body Eng.Inspection Eng. -Inspection Parks Maintenence Animal Regulation WHEREAS, the following bids were received for Item 1: . ITEM 1 - Trucks. Dick UD. 4x4 llli1I PRICE SALES TRAD~IN BIDDER PRICE ~ IAX ALLOW ANCE AMOUNT El Cajon Ford 13,545 27,090 2,099.48 - 1,750 $ 27.439.48 Drew Ford 13,784 27,568 2,136.52 - 1,500 28,204.52 Fuller Ford 13,969 27,938 2,165.20 - 1,501 28,602.20 Kearny Mesa Ford 13,964 27,928 2,164.42 - 1,200 28,829.42 and WHEREAS, the low bid ofEl Cajon Ford meets specifications and is acceptable; WHEREAS, the following bids were received for Item 2: . .):1/1" ,\ r'}'J l /; \) " ITEM 2 - Cab & Chassl~ with Survev Body llliIT SALES BIDDER PRICE IAX AMOUNT El Cajon Ford 23,565 1,826.29 $ 25.391.29 Drew Ford 23,767 1,841.94 25,608.94 Fuller Ford 25,711 1,992.60 27,703.60 Keamy Mesa Ford 25,785 1,998.34 27,783.34 and WHEREAS, the low bid of El Cajon Ford meets specifications and is acceptable; WHEREAS, the following bids were received for item 3: ITEM 3 - Cab & Cassis with Service Bodv llliIT SALES TRADE-IN BIDDER PRIC~ TAX ALLOWANCE AMQUJ'I.'T Keamy Mesa Ford 15,799.00 1,224.42 - 2,500 $ 14.523.42 EI Cajon Ford 16,366.00 1,268.37 - 3,000 14,634.37 Fuller Ford 15,632.00 1,211.48 - 1,501 15,342.48 Drew Ford 16,710.85 1,253.24 - 2,000 15,424.09 WHEREAS, the low bid of Keamy Mesa Ford meets specifications and is acceptable; and WHEREAS, the following bids were received for Item 4: ITEM 4 - Cab & Chassis with Animal Collection Body llliIT SALES TRADE-IN BIDDER PRICE lAX ALLOW ANCE AMOUNT Keamy Mesa Ford 21,189 1,642.15 - 2,800 $ 20.031.15 EI Cajon Ford 21,700 1,681.75 - 3,000 20,381. 75 Fuller Ford 21,049 1,631.30 - 1,501 21,179.30 Drew Ford 26,100 2,822.75 - 2,500 25,622.75 .2;1;9"ltl WHEREAS, the low bid of Keamy Mesa ForI! meets specifications and is acceptable. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula Vista does hereby accept said bids and awards the contract for Items 1 and 2 to El Cajon Ford and for Items 3 and 4 to Keamy Mesa Ford. BE IT FURTHER RESOLVED that the Mayor of the City of Chula Vista is hereby authorized and directed to execute said contracts for and on behalf of the City of Chula Vista. Bruce M. Boogaard, City Attorney Presented by Lyman Christopher, Director of Finance F:\bome\auomey\tr\lcb ~ .2J,-1"// 1HIS PAGE BlANK ~ ~3A-/,;L Minutes April 27, 1993 Page 3 are new collector streets constructed by the McMillin Development Company in 1990 in conjunction with the Rancho del Rey Phase II construction. Since the street does not have any fronting businesses or residences, the unposted speed limit is 55 mph. A recent traffic survey revealed that the 85th percentile speed is 43 mph and 36 mph, respectively. In the interest of public safety, the City Engineer is recommending that Buena Vista Way north of 'H" Street be posted at 35 mph. Staff recommends Council place the ordinance on second reading and adoption. (Director of Public Works) 8. ORDINANCE 2555 REPEAlJNG AND RE-ENACllNG A NEW CHAPTER 2.46 OF TIiE MUNICIPAL CODE RELATING TO TIiE YOUlH ADVISORY COMMISSION (first readinl!:l - Last year it was suggested that the ordinance relating to the Youth Commission be amended to allow commission members to serve beyond 18 years of age. Upon review, many provisions of the current ordinance were discovered to be in violation of the Charter, or inconsistent with the new, standard format for Boards and Commissions. Staff recommends Council place the ordinance on first reading. (City Attorney) Mayor Nader stated he had scheduled a meeting with the Chair of the Youth Commission later in the week and requested the item be continued for one week. 9.A. RESOLUTION 17087 APPROVING TIiE AGREEMENT WITH TIiE SWEElWATER UNION HIGH SCHOOL DISTRIcr FOR JOINf USE OF TIiE IJBRARY FACILI1Y AT EAS11.AKE HIGH SCHOOL AND AUlHORIZING TIiE MAYOR TO EXECUTE SAME - In May 1992, Council approved, in concept, the establishment of interim public library service at the EastLake High School on a three-year trial basis, subject to an agreement with the EastLake Development Corporation and the Sweetwater Union High School District. Staff recommends approval of the resolutions. (Administration and Acting Library Director) B. RESOLUTION 17088 APPROVING TIiE OPTION AGREEMENT WITH TIiE EASTI..AKE DEVELOPMENr COMPANY FOR INfERIM UBRARY SERVICES AND FACIIJTIES IN EASTI..AKE AND AUlHORIZING TIiE MAYOR TO EXECUTE SAME C. RESOLUTION 17089 EXERCISING TIiE INfERIM IJBRARY OPTION WITH TIiE EASTI..AKE DEVELOPMENr COMPANY FOR INfERIM IJBRARY SERVICES AND FACIUTIES IN EASTI..AKE 10. RESOLUTION 17090 AUlHORIZING TIiE CI1Y MANAGER TO SUBMIT AN APPUCATION FOR A STATE OF CAUFORNIA 1993 OCCUPATIONAL SAFElY AND HEALTH TRAINING AND EDUCATION GRANT FOR A BACK INJURY PREVENTION PROGRAM FOR SWORN POUCE AND FIRE DEPARTMENT EMPLOYEES - The State offers grants for the development of health and safety training programs for certain high risk groups such as Police and Fire. The City's proposal is to develop a back injury prevention program for the two groups of employees. Staff recommends approval of the resolution. (Director of Personnel) ~ 11. LUTION 1 091 ACCEPTING BIDS AND AWARDING CONTRACT FOR PURCHASE OF P _ Bids were received for the purchase of five vehicles, approved in the Fiscal Year 1992-93 budget. ~,; \Jrree vehicles are provided for in the Equipment Replacement Fund and the other two in the General Fund. f;~'\) Three vehicles will be used in the Engineering-Inspection Division and one each in Parks Maintenance and ~~~W- Animal Regulation. Staff recommends approval of the resolution. (Director of Finance) Pulled from the ...;" "" Consent Calendar. -J.3/i --13 Minutes April 27, 1993 Page 4 e~! ~kshOP had been held regarding alternative fuels and how those vehicles could be City fleet. He questioned whether there would be any harm to the City by continuing the item availability of electric or alternative fuel vehicles could be determined. ^.~ Y ave Byers, Deputy Director of Public Works/Operations, responded there would not be a problem with a delay. None of the vehicles would be appropriate for electric conversion, but some would be appropriate for compressed natural gas. If Council did not wish to delay the item, they could award the bid and staff would proceed with obtaining more information on conversion. SDG&E would pay for half of the conversion cost to CNG. Staff hoped to persuade the California Department of Energy to pay the other half if the City dedicated to CNG only. MS (NaderlFox) to continue the item for two weeks to allow staff to follow-up with the State Energy Commission, SDG&E, and any other agency that might assist the City with conversion. Councilman Rindone stated the last time bids were received for vehicles Council raised the issue that if it was a local bidder the benefit of the local sales tax would be computed in. He wanted to see that done when the item came back to Council. AMENDMENT TO MOTION: (NaderlFox) the sales tax benefit to the City be included in the report when brought back to Council. VOTE ON MOTION AS AMENDED: approved 4-0-1 with Horton absenL 12. RESOLITnON 17092 APPROVING THE APPUCATION FOR GRANT FUNDS FROM THE CIGARETTE AND TABACCO PRODUcrs SURTAX FUND PROGRAM FOR STAGE IMPROVEMENTS AT MEMORIAL PARK - During the Fiscal Year 1992-93 capital improvement project budget process, Council approved the appropriation of Park Acquisition and Development (PAD) fees for the continuing renovation of Memorial Park - Phase II. Following the completion of Phase I, and the Summer Concert Series held in the Park during 1992, it was determined that an extension of the stage area would be required to accommodate the special events and concerts/plays held in Memorial Park. Specifically, the Navy Band has requested that consideration be made to extend the stage to facilitate the placement of their production. Staff recommends approval of the resolution. (Director of Parks and Recreation) 13. RESOLITnON 17093 TRANSFERRING $2,500 OF UNUSED COMMUNl1YDEVELOPMENTBLOCK GRANT (COOO) FUNDS FROM VARIOUS SUB-GRANTEES TO THE LtmiERAN SOCIAL SERVICES OF CAUFORNIA FOR THE '"lHURSDAY'S MEAL" PROGRAM - In July 1991, Lutheran Social Services and the South Bay Ecumenical Council started a weekly meal program for homeless people. The "Thursday's Meal" program currently serves 200 people, half of whom are children. The committee overseeing the program has recently expanded to serve meals on Mondays at the Presbyterian Church. Lutheran Social Services has sent Council a letter requesting $2,500 to cover the cost of utilities, maintenance, and insurance. It is a one- time request and immediately needed due to the rapid growth of the program. Unused CDBG social services funds are available from various sub-grantees. Staff recommends approval of the resolution. (Director of Community Development) 4/5th's vote required. Councilman Rindone requested the item be continued for one week unless time sensitive. 14. RESOUffiON 17094 APPROVING FIRST AMENDMENT TO A COOPERATIVE AGREEMENT CONCERNING THE SWEE1WATERRIVER.FLOOD CONTROL CHANNEL wrrnTHE COUNIY OF SAN DIEGO eJ..1/1')'1 COUNCIL AGENDA STATEMENT Item .2'/ Meeting Date 5/11/93 ITEM TITLE: Resolution 17095 Approving an Agreement with Environmental Systems Research Institute, Inc. for acquisition, installation, training, and maintenance of the City-wide Geographic Information System. SUBMITTED BY: Director of Public WorktJ ~ REVIEWED BY: City ManagerC{~~ (4/5ths Vote: Yes_No....XJ fJJ On April 27, 1993 this item was presented to the City Council for approval and was at that time postponed with Council direction for additional information on the payback and benefit/cost experience of other cities that have implemented a Geographic Information System (GIS) and for more information on the use of sewer funds to help fund the project. Chula Vista's GIS project estimates the break-even point at the fifth year of operation, and the positive payback accruing to a projected cumulative savings of $4.0 million over the first ten year period; this is the difference at the end of ten years between the cumulative cost of continuing to perform tasks manually versus using the GIS to automate the tasks. These projections agree well with the experience of several other cities with GIS in various phases of implementation. A phone survey of six cities with GIS regarding their payback and benefit/cost savings reported the following information. The six cities were the City of Pleasanton, City of Ontario, City of Long Beach, City of Encinitas, City of Newport Beach, and the City of Tacoma. . The Benefit/Cost Ratio ranged from 2: 1 to 4: 1; which is the identified savings due to the GIS versus the cost of the GIS. . Productivity increases ranged from 2: 1 to 10: 1; this ratio is generally the efficiency difference due to automating a manual process (Le. manual updating of maps requiring one hour may only take twenty minutes using a GIS resulting in a ratio of 3: 1). . The breakeven or payback period ranged from 3.5 to 8 years; which is the time required for the savings and benefits from the system to pay for the cost or investment of the system. . Average Rate of Return is 30%; which is the annual return of savings for the investment. RECOMMENDATION: That Council adopt the resolution approving an agreement in the amount of $ 283,544.46 with the firm of Environmental Systems Research Institute, Inc. to provide the hardware and software for the City-wide Geographic Information System, which shall include installation, initial training, appropriate warranties and maintenance, and other initial startup items. d-'1"1 Page 2, Item ;,1/ Meeting Date S~ BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. DISCUSSION: The GIS system is designed to provide services and perform functions in support of the various areas of responsibilities of the City, and the funding sources allocated to the GIS project are based on these projected support services. The two largest funding sources (which are listed later in this report) are the Sewer Funds and the Public Facilities Development Impact Fee (DIF) which account for 56% and 34% of the project funds respectively. The GIS will support the sewer system by providing the sewer engineering staff with the equipment and software necessary for the design of sewer replacement and sewer flow analyses, and for the mapping and development of a sewer inventory system that will be extremely helpful in having a proactive preventive maintenance program instead of constantly reacting to sewer system problems. In another area of service, the GIS will support development activity by providing zoning, parcel, easement, and other information in a faster and more timely manner. The GIS can assist in identifying conflicts in zoning, land use, etc.; and also the mapping and documentation of new streets and infrastructure will be more efficient as well. Several other sewer and development related GIS activities have been identified in the attached Table of GIS Applications. In a traditional approach to the benefit/cost analysis, there are elements of the current and proposed activities that can be quantified: the present cost of doing business is compared with the estimated costs under the new method, and the benefits under each method of operation are compared. However, the characteristics of a GIS make it difficult to fit into the usual benefit cost scenario. For example, there are intangibles such as improved decision making and long- term and widespread effects on staff and operations that do not fit conventional benefit cost models. The new character of the products (a map with many layers replaces a single, manually drawn map), the wide range of applications, and the discovery of new uses for the system once it is operational are all positive, but they create new demands on systems and staff. These intangibles and sometimes indirect characteristics are very difficult to quantify or model. Due to these difficulties, most of the cities surveyed are using another method of doing a cost analysis, which is to contrast the costs of providing a service manually with the costs of providing the same service using a GIS. Six cities were surveyed by phone regarding their GIS projects. Each city surveyed was in a different stage of implementation and reported varying savings and payback periods which appeared to be dependent on the size and scope of the GIS project (i.e. one or more departments versus city-wide), and whether there were more utilities involved such as water, sewer, storm drains, etc. which would receive many GIS benefits through infrastructure management. None of the cities were able to provide information on the complete project cost because each implementation was different and the project cost was difficult to identify. For example, at the City of Long Beach, the purchase of equipment and software occurred over a period of many years and the cost was shared with several other programs, or existing equipment and software ~1/-,) Page 3, Item~ Meeting Date 5/11/93 was upgraded adding the GIS as well as other functionality. In another case, the City of Tacoma, the land base development had been developed in a piecemeal method in many separate projects. However, all of the cities reported positive gains in productivity, efficiency, and effectiveness, and all reported various tangible and intangible benefits and savings. The reported savings were realized in different ways. In some cases, actual dollars were saved by having GIS perform services which would normally be contracted for; examples of such avoided services may include production of special purpose maps for presentations and other uses, or special data analysis by consultants. There were also revenue increases due to GIS applications; one such reported example was reported by the City of Ontario, where the GIS was used to check the census figures which revealed 6S 1 houses missed by the census, and because every house that was missed meant dollars in revenues lost, the U.S. Census Bureau figures were corrected. Since the census data is used to determine the proportion of funds allocated to the city by many government programs, the city officials conservatively estimated the annual revenue gains from including the uncounted houses to be from $164 to $310 per housing unit in the short term, or potentially more than $2 million over a lO-year period. The savings from productivity increases, which are tangible but less direct, ranged from 2: 1 to 10:1 depending on the learning curve or familiarity with the automated system and the complexity of the task being performed. These types of productivity gains are typically realized in reducing the back-log of work, and in the delay or avoidance of future staff increases. Most cities reported that the productivity gain was a factor in having in-house staff perform more tasks in order to reduce the dependency on contracted outside services; which then reduced the expenditures for such outside services. All have identified specific savings from functions and applications using the GIS over the manual method; the benefit/cost ratios for a GIS were found to range from 2: 1 to 4: 1 calculated over a time period of 10 years, and the average rate of return for a GIS investment, taking only the tangibles into account, was 30 percent. Most have reported intangible benefits such as better interdepartmental cooperation and sharing of data on the GIS system, and more accurate and consistent information to the public in a more responsive and timely manner. While cities that are fully developed are able to justify a GIS based on savings and benefits, in comparison, the cities that are in a growth mode, such as Pleasanton, Ontario, and Encinitas, generally reported more specific savings and a faster projected payback period from GIS applications. An example application is using the GIS to determine the proper parcels for an assessment district to support the maintenance of facilities. The City of Pleasanton, currently in its fourth year of GIS operation, determined that its break-even/payback point was reached after 3.5 years based on its tracking of specific savings from the GIS applications. Chula Vista is also a city in the growth mode which is why the Table of GIS Applications reflects savings in many areas, and especially in development/growth related applications. As Chula Vista continues to grow and add new streets and infrastructure, significant savings will be realized by automating the updating and mapping process on the GIS which is done once for all departments versus the manual method where several different departments maintain and update different scale base maps. Chula Vista also requires new subdivision maps to be submitted in computer format for automated data entry into the GIS which eliminates the time and labor necessary to manually update the maps; and the sooner this process is converted from the manual method to the automated method, the sooner the benefits and savings will be gained by the City. .;.'1'" :5 Page 4, Item .20/ Meeting Date 5/11/93 Three of the cities (Long Beach, Newport Beach, and Tacoma) implemented GIS primarily for the productivity and efficiency gains due to GIS automation. Their engineering and utility maintenance activities continued to increase as the infrastructure reached the end of its life-cycle, which resulted in more and more replacement and major rehabilitation projects of the city streets and infrastructure. These cities reported only the productivity increase ratios. Cities Surveyed City of Pleasanton, CA : Reported payback in 3.5 years (currently in its 4th year of operation). Three of the key initial applications developed (Landowner Notification, Fire Runbook Updating, and Flood Insurance Requests) and the automation of the mapping function has resulted in an average of $143,000 savings annually. City of Ontario, CA : Reported various savings from GIS applications; for example, the General Plan Map was done totally in-house this year whereas in previous years, outside GIS support services were contracted. Instead, the Planning Department staff used the GIS to prepare the updated map in a more timely manner and saved $60,000 as well. The city also sells copies of the General Plan to the public for $12.50 each; in the past, the map included in the General Plan document cost $10.50 to produce by an outside service facility, but the city GIS now produces the same map at a cost of $3.50 with the production cost difference contributing to the GIS program to partially recover the cost of the database development. Also reported are estimated revenue increases by correcting the census data as discussed before. City of Long Beach, CA: GIS in Engineering/Utilities Department has reported productivity and efficiency gains of 2: 1 to 10: 1 depending on the users familiarity with the system. The city has several utilities and the GIS was implemented to support the increasing infrastructure maintenance and replacement programs. City of Encinitas, CA : Has only been in operation a few years with only a few applications on-line. These applications are already returning some savings but have not recovered the investment cost. The radius search and notification process has reduced a 1.5 person day task to approximately 20 minutes. City of Newport Beach, CA: Implemented the GIS based on the utility needs and has reported a benefit cost ratio of 2: 1 from the productivity increases, and also reported many intangible benefits from GIS; one key reason for the GIS was to provide better service which the city feels has been accomplished by the GIS. City of Tacoma, W A : Has been slowly implementing the GIS over the last five years primarily for increased productivity gains in the Engineering Department, which has reported increases ranging from 2:1 to 5: 1. Recently, the Planning Department has begun to use the GIS to perform growth management studies that are required of the city, but which could not be done in-house without a GIS. -2 'I-if Page 5, Item ). 'I Meeting Date 5/11/93 GIS Proiect Hil!hlil!hts . The GIS feasibility study was performed in 1987 by PlanGraphics, Inc. indicating a payback period of four years based on tasks which may be performed by GIS and assumptions of labor cost, growth, etc. . The GIS project was approved as CIP #GG-l04 beginning in FY 91-92; CIP detail sheet attached. . The GIS will be pre-designed for city-wide use so that as each department comes on-line, the system only needs to be expanded rather than replaced. The initial GIS system will be implemented for Planning and Public Works Engineering; other City departments using the GIS in the future include Police for crime analyses and Fire for run-book updating. Eventually all city departments will have access to the GIS. . A GIS Steering Committee was formed to provide project direction and priority from a city-wide perspective. . A GIS Technical Committee of potential users representing various city departments was established to participate in the project. . The GIS project is comprised of two separate parallel projects: (1) Acquisition of GIS system hardware and software. - $285,000 for the initial GIS system (this Agreement). - 268,000 for future expansion and connection to other City departments. (2) Development of digital land-base map; this phase of the project will be brought to Council in August 1993. - $804,400 for updating of the City's contour and elevation data and development of the digitallandbase maps including infrastructure such as sewers, storm drains, street lights, etc. . The project funding sources are: Public Facilities DIF for GIS Sewer Fund Gas Tax Transportation DIF SCOOT Traffic Signal Fund Redevelopment Agency Total: $ 873,780 1,376,720 60,000 15,000 15,000 15,000 45.000 $2,400,500 . The Project payback or break-even point is projected to be five years. This payback calculation is based on the previous feasibility study using the updated project cost information. . Short-term (years 2-5) savings are projected to be $430,600 annually (based on specific savings from identified applications listed in the attached GIS Table of Applications). -2"/~ ~ Page 6, Item .;..1 Meeting Date 5/11/93 . Long-term (years 5-10) savings are projected to be $628,100 annually (based on specific savings from identified applications listed in the attached GIS Table of Applications). . A savings of $4.0 million is projected over ten years; this is the difference at the end of ten years between the cumulative cost of continuing to perform tasks manually versus using the GIS to automate the tasks. FISCAL IMPACT: Funds are budgeted and available in the FY 92/93 Capital Improvements Program for the GIS Project No. GG-104. All of the funding sources are from non-General Fund sources as identified in the CIP Detail Sheet for the GIS Project. The two major sources are the Sewer Fund (56% of project funds), and the portion of the Public Facilities Development Impact Fee (Public Facilities DIF) which has been designated for the GIS Project (34% of project funds). The remaining 10% of the project funds are also from other non-General Fund sources. Two of the major cost items of the overall GIS project as shown in the CIP Detail Sheet are: the system equipment and software comprised of $285,000 for the initial GIS system (this Agreement) and $268,000 for the future expansion of the system for other city departments (total equipment and software is $553,000), and $804,400 for the updating of the City's contour and elevation data and development of the digitallandbase maps and database. Attachment: FW: File NP-OOl .J.1~~ COUNCIL AGENDA STATEMENT Item ~ SUBMITTED BY: Meeting Date 5/11/93 Resolution )? II'>: authorize staff to submit a request for funding to the Air Pollution Control District for AB2766 Vehicle Registration Fee funds. Environmental Resource Manag~ ITEM TITLE: REVIEWED BY: City Manager~f& (4/5th's Vote: Yes ~O--<L-) The San Diego Air Basin has a "severe" ozone air quality problem. Under state and federal law, the City is obligated to act in accordance with the recently approved air quality strategy to reduce employee commute trips within its municipality, or to allow the Air Pollution Control District to act in its stead.. To solve the smog problem the Air Pollution Control Board adopted the 1991 San Diego Regional Air Quality Strategy. This strategy includes transportation control measures to reduce motor vehicle emissions by decreasing motor vehicle travel and a low Emission Vehicle program to reduce the average emission rate of each vehicle, as old higher-polluting vehicles are retired and replaced with new cleaner vehicles. To provide Air Pollution Control Districts (Districts) and other local implementing agencies the funding needed to implement motor vehicle related emission reduction programs, the Legislature enacted AB2766 Health and Safety Code Sections 44220 which authorizes the Board to establish up to a $4 motor vehicle registration fee surcharge. On November 19, 1990, the Board established a $2 fee, which will generate about $3.5 million annually. The Board could consider an increase in fee from $2 to $4 if additional revenues are needed to fund projects implementing the control measures. The Air Pollution Control District solicited proposals from interested parties, both private and public to submit projects to be funded by vehicle registration fees in accordance with Assembly Bill 2766. . AB2766 funding will be based on projects that help implement the Regional Air Quality Strategy, to be approved by the Air Pollution Control Board this summer. RECOMMENDA nON 1. Authorize approval to submit a request for funding on behalf of the City for AB2766 funds to the Air Pollution Control Board. ;;s,) funds to the Air Pollution Control Board. 2. Direct staff to meet with representatives from the Chamber of Commerce and major employers in the City to invite participation in the described programs. BOARDS/COMMISSION RECOMMENDATIONS: not applicable DISCUSSION: The City of Chula Vista has created a multi-dimensional approach to help businesses, by offering a program to major employers within the City to help meet Transportation Control Measures (rCM) under the County's Air Quality Strategy. Because the specific regulations have not been approved by the Board at the time of this proposal, the City has created a program based on draft regulations. Once the Employer Trip Reduction Regulations are approved, the specific aspects of this program will be modified accordingly. In creating this programmatic approach, the City has attempted to provide a variety of options for businesses, which we believe will maximize the business' community's ability to easily meet TCM's. The City has also designed the program to maximize auto emission reductions, not administrative functions. To summarize, the City of Chula Vista proposes funding for the following programs: 1. Development of a Satellite Work Center 2. Employer Trip Reduction Business Partnership Program 3. Alternative Fuel Vehicle Fleet program and Calstart Model City Project The Air Pollution Control Board will grant projects to implement motor vehicle emission reduction programs. Proposals are not being requested for public information programs related to trip reduction nor for indirect source control programs for new developments, because the District is developing those programs. The District will prioritize projects in the following order: a) if the project implements transportation control measures, b) projects that are financed primarily by other revenue sources and provides indirect emission reduction benefits and c) activities that are eligible projects, but would not increase services or add new projects beyond levels currently programmed from other sources. All three of the staff's programs would, in staff's view, fit into the "a" or "b" this category. Based on the Districts request, staff has created a proposal to reduce smog, help the City comply with air quality regulations and assist local business community in doing the same. For almost all the below listed programs, staff has identified non-city grant funding from additional sourCes, in order to provide initial matching funds for the programs. The following three programs are described, in detail, in the attached proposal: 1. Pilot Satellite Work Center This program would establish the planning and development of a satellite work center, to be used by government and major local employers in order to reduce employee commute trips >>t:l and encourage commutes within a residential neighborhood. A Satellite Work Center would act as a pilot for the region, with additional funds potentially coming from a state funded project to establish telecenters in coordination with the University of California - Davis. The purpose of the pilot project is to allow businesses, including the City of Chula Vista, to use the telecenter as an incentive for employees to utilize, thus aid businesses in their attempt to lower their average vehicle ridership (A VR) target. A telecenter is a centralized work site where employees from a variety of businesses work in a centra1location that is considerably closer to the worker's place of residence than the primary work site. Telecenters allows for the partial substitution of computers or telecommunication technologies in place of a typical commute to work by employees. Some portion of the worker's work week, a percentage which will be determined based on the specific needs of the employer and the employee's job duties, will be spent at the telecenter. When implemented the Telecenter will have employees from more than one and perhaps many individual companies. It will act as a business address to many different businesses and as a work place for their employees. The Telecenter will offer employers incentives to participate, such as free or very low-cost office space in exchange for a one year commitment. The City's proposal has the dual objectives of proving the potential of telecommuting work sites as means of reducing commuter traffic and air emissions, as well as furthering positive economic development and job generating strategies. Benefits received from the development of a telecenter include reduced vehicle trips and vehicle miles travelled, improved jobs/housing balance, employer credit for air quality compliance, improved worker productivity, employees working closer to home, cost savings for the employer from avoided transit subsidies, energy savings. 2. Employer Trip Reduction Business Partnership Program Eventually, businesses which have 60+ employee will need to comply with ABCB smog reduction regulations. Due to the fact that specific regulations have not been approved and the City Manager's Association has yet to vote on a recommended structure to implenent the regulations, the City has not determined how the regulations will be implemented. With that in mind, staff has created a proposal that is flexible in nature and can be implemented prior to final approval of the regulations. No matter what form the City decides to take to implement the Employer Trip Reduction regulations, this project will have staff working one- to-one with local businesses to help them comply with transporation control regulations (TCMs). At the same time, it will also help the City comply with the same regulations, in its capacity as an employer. The Business Partnership Program will approach TCM's as cost saving measures, if done early enough to avoid costly employee subsidies. Our program would consult with local businesses and establish agreements with major employers to take specific transportation control measures prior to A VR deadlines, in exchange for service incentives, such as free use of the shuttle vans. The Employer Trip Reduction Program would be ongoing, and emphasis will be placed on business-assistance strategies to reduce commute trips. Training, workshops, establishment of programs to be used by businesses to reduce A VR, etc.. will be 02YJ included in the program. 3. Alternative Fuels Vehicle Fleeet Program and Calstart Model City Project The City proposes a comprehensive alternative fuel retrofit, replacement, and employees incentive program. The City proposes to substantially reduce emissions through these three elements: Retrofitting heavily used fleet trucks/sedans to alternative fuels, retrofitting police parking enforcement vehicles to be operated as electric vehicles, create employee incentive programs for the City and local businesses to encourage employees to retrofit personal vehicles, and participate in the Calstart Model Cities Project. At the Alternative Fuels workshop on April 7th, Council directed staff to pursue a relationship with Calstart to promote local industry innovation in advanced tranportation technology. This program attempts to work with local businesses and a state-wide organization to pursue alternative fuel programs for Chula Vista. CALSTART CALSTART is a non-profit consortium of over 40 public and private entities mobilized to create an advanced transportation industry in California. CALST ART plans to commercialize electric vehicle component technologies developed through the program. It will provide funding for municipalities interested in testing these components. CALSTART works with companies interested in donating in-kind services, such as the development of prototype electric vehicle components, electric bus and mass transit technologies, and related infrastructure. CALST ART. is inviting companies to develop proprietary electric vehicle components and systems and is offering matching grants and other types of funding for research and development of these products. CALSTART plans to eventually promote these products worldwide to automotive companies assembling electric vehicles. The City is currently working in conjunction with Calstart to jointly submit a proposal to the federal government to become CALSTART's Model City to retrofit and test electric fleet vehicles. This federal grant requires matching funds, which could come from the AB2766 vehicle registration fees. Fiscal Impacts: None at this time. If funding is approved, each project will be brought back to Council for refinement and discussion of fiscal impacts for each program. If funded, the Satellite Work Center would be funded for a year at a time. All capital costs would be paid for in the first year. Operating costs, such as rent for the facility and management staff would need to be refunded either by AB2766 funds the following year or paid for by participating agencies and businesses. Because it is unclear whether the City will choose to be delegated authority to carry out the employer trip reduction control measures, join with other municipalities in a JPA, or have the APCD regulate Chula Vista businesses, the Employer Trip Reduction Business Partnership Program anticipates all three options, and is flexible in its approach. It is funded ,;.?i for one year and includes $80,000 for two staff positions. These positions are anticipated as one year positions only, and would need to be revisited the following year. Fiscal impact is undefined at this time. In addition, the City will be in a better position in the 1994 funding cycle to judge anticipated costs based on a decision regarding what the City's role may be in regulating the county Trip Reduction Regulations in the future. The fleet vehicle and employee incentive program will have no ongoing costs; AB2766 funding would pay for all purchases; in-kind maintenance of the vehicles would be required. The total funding request for AB2766 funds is $548,400. ,)5-5' 1~5~t,. RESOLUTION NO. 17 I )J RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA AUTHORIZING STAFF TO SUBMIT A REQUEST FOR FUNDING TO THE AIR POLLUTION CONTROL DISTRICT FOR AB2766 VEHICLE REGISTRATION FEE FUNDS WHEREAS, the San Diego Air Basin has a "severe" ozone air quality problem; and WHEREAS, under state and federal law, the City is obligated to act in accordance with the recently approved air quality strategy to reduce employee commute trips within its municipality, or to allow the Air Pollution Control District to act in its stead; and WHEREAS, to solve the smog problem, the Air Pollution Control Board adopted the 1991 San Diego Regional Air Quality strategy, which includes transportation control measures to reduce motor vehicle emissions by reducing motor vehicle travel, as well as the California Air Resources Board's low Emission Vehicle program to reduce the average emission rate of each vehicle as old higher-polluting vehicles are retired and replaced with new cleaner vehicles; and WHEREAS, to provide Air Pollution Control Districts and other local implementing agencies the funding needed to implement motor vehicle related emission reduction programs, the Legislature enacted AB2766 which authorizes the Board to establish up to a $4 motor vehicle registration fee surcharge; and WHEREAS, the Air Pollution Control District solicited proposals from interested parties, both private and public, to submit projected to be funded by vehicle registration fees in accordance with AB2766. NOW, THEREFORE, BE IT RESOLVED that the city Council of the City of Chula vista does hereby authorize staff to submit a request for funding to the Air Pollution Control District for AB 2766 Vehicle Registration Fee funds for the following programs: 1. 2. Development of a Satellite Work Center. Employer Trip Reduction Business Partnership Program. Alternative Fuel Vehicle Fleet progr and Calstart Model City project. a~o 3. Barbara Bamberger, Environmental Resource Manager Boogaar, l.ty Presented by F:\home\anomey\AB2766 >>'7 05-04-1993 15:~B Submlttor 619 6942730 AIR PQLLUTION CONTROL P.02 DJRAlFlT COlt 1. Cl&y or CarllbuJ 2. Cl&y of CarllbuJ S. Ql)' or CarIIIlIld 4. CIty 01 CarllbuJ ~ $. Ql)' ofOmla Villa 6. CIty of Ch\lla Vl&Ia 7. CIty of Clallla Villa 8. City of CcmlnIcIo P. City olCo'lllllllo 10. CIt)r of BI Cajon 11. City of1!ndnlt.. 12. CIt)r ofllleoad;do 13. CIt)r ofl!lcondido 14. City ofBocondido 15. CIIy oCB~""t"o 16. CIIy of La Mcu 17. CIIy oCLa Mea 18. CSty of La MeA Ill. CllyofNatimII City 20. CIIy ofNaliGaa1 at)' 21. Cllyof~ft.Ul. 22. Cityofo-n.ido 23. City ofOceallIld6 24. City of OceaIIIldo 25. CityofSanDIe&o 26. CIty of San >>1010 2'7. CIty of San DJqo 28. City of SIll Dloso 211. CIIy of SaIl Dieso 30. CIty of SaIl DIe&o 31. Cit7 of SaIl DIe&o 32. CIly of SaIl Mul:aI 33. CIty of SaIl Marcoa 34. CIty of Sa MucoI 35. CIl)' of S- 36. CIty of SuII:c 57. CIty or SaIOO 38. CIty of Solana Bclcb ProJecta PI'" tor AB 21" Fuudl (Vellle1e Re&fltratloD Fill) PnlpOied ProJecll1 . roM ClIdiDance "T__........2 ~_.l......S_ A-.t.rolllols . PIllet ftbIcIu __1iOD 10 ~O "'01 A1-tIvo IIIoIs . Q<<J fucUa& IWlaa PIlot IUeUI1B woIIt__ Trip ~ baIIDeu PM_IllIpJllllFUll2 ~..1'uoIa . JIlooc pejoct IIIll ~ IlIOdol city P'QI"l''ll roM ..-.-.2 &umaIeod ddo... ................ 'I'IIIpOOH'Y94 'J'I)M arot/.........2 fIocl ~_...__PY93 Trip M1Dlioa ....'don It .' -l ..ow2 Trip!""fnetJoa\ll'O"'hTO"'f"I~IIIll~2 Trip l'CCIlltllall.....'......lt,JpIemeallllolllllll ODfo.--4' NQIrIlau fueIins . SlIlIOII"1IIIadoa ~ iiIcII. VID --aID QlO faol for IbaaleIl)lOlllloll AIIomalI.o fuela . JlIooc vtblcIo _........ID ~O liacI VcbIcIo omln. IDII,.- for Pab1Ic: WClIb PNao '1DflIc tIpI1 c:oanIiIlIliCln Ou_lOOCI ride ba_ lublldy Tnf6c _~ -NIIloDa1 acy Bhod, 11&5& 10 30Ib Se. IlicycIc Plen u pIOpOIlIIl by 18 A AlIOdamI. 'IDfIic~Auoc:ladoa. TMA..._....1 S1m1tlc....,1co 0\l0I'IIi0II. Trip7lldaGlkm beaeftllllldy PII1t 01: lUde fdly . ~ III. -liDaJlllld8& lot Iatel'llClnllool aaf& ...... . 'I'nflle Iipallfllem . LlDda Villa Bold '1'bleeommuq oqulpmoa& Iilaly roM ~"'ell.., lUIIIIlh2 roM lq>I-tifttl .t lIIIlIIliaa ID IeIIonal 'J'I)M pnIIIUIl2 'I1)M cIora ...."IIO'l'OlIllyltall2 B1eyelo paIh-RDIIIe 52: onaJnoainIlOIdy AItematIvo liacII. Sbultlo.m.c TrIfIlcmp.l.~~ ....'/ImpIa.tR L~ ItIIlIlrIllllillDway ~ . IlK ""ID 10 000InIIcI0 Pl=way ramp_. Air qlIIIlty ~ P*arrlln/\IlCJdo....... ...h. ~ JlI1>JocIl B~ paUl. WoodjJIeD Villa CiwuIol BIcydo peIIl. Million Oarac RAllI4 A1ImnalIgefoolJ.1'lOlll nbil:&eonVOllioD to CNO flIoI $55,139 $162,717 '107.764 $300,000 $179,750 $275,lloM $100.000 $!l6,000 $44.000 $81.7311 $13,500 $69,800 $180,000 $17,000 '10?.?oo $25,000 $452,000 55,000 5150,000 S240.139 $21.000 S5O,OOO 55.000 $1.9<<1.000 $136.000 $86,355 $84.000 $643,ln $64.000 S7OO.ooo $86.000 $230,000 $3OO,lIllO SSO.ooo $175,000 1335.434 $!l2,400 $10.478 1 Pit,. nlell proJec:ll do ..Wilde lilt DIdrIot't TCM-nIaled p..1Ic educatIoII-S GIIaIr eIrortII, .... wID be...... ....r. 2Jf1111c111'1q801lOd 10 lmpIcmeDllllp IttIucdon for ddI jurllcUcllon. Howow:r, SANI>AO bu....od.1.8 mllllolIlO lid ill implcmenllllloD for aD juriJcIlctionI, AB27116.....OIIdlllOjOCI .1- Mq4.19P3fRlM c2Y/ 05-04-1993 15:09 SubmlUOr 619 6942730 AIR POLLUTION CONTROL P.03 DlRAlF'r Colt Video deIecIIaa aytlallto 1IIClIlitar....In.elllcle ~. TrIp nducliaa pnIIIaID~1 .-In UIlln....l*&l84_2 'N<<QA _....wllho&adon. TlI ......nIeIldoa ~ wIlbIa DlIpL ofae-l Servbo. MaIdpJe lIIO,.rhway - 5\._.... aw.. Splq V17/VaIIo do 010 MuIlIpID - pllhway. SIo IlkID lU_. 1-- M11111p1e Die Jdnrar. e~ldo III Ocoaidc Vulllplo AI JIIibwIr -Ill CamInD ReIl/S.. Va\leJ Rd, SIll DiepIlO OurulMCl rtdo...._ for 11..a1.... CllpnII pu...... BIc:yoIe ~ . MIuIan RaId lIuI, JlaIIbroot. ACCSSS '''pIallon~ Lcalllllldl tor feden1 bul ...... s..p.. !III pullubIldr CoIIqe IIIIIImlllle IlIllIidy .... .moo ...,..won BIc)'cIe I'Idt leIrofit. WOIk!riFF ICIYA - VII. TDaIil Qr 10 0Ik lllcIao B...... Qr TrIp ndaclioll JlIDlJlUIl-linIpIoyer IIIIInIna tor """'Ipll-- widl 11.,,1'- x;m2 57. NonhCltyTMANlllWlIrk ~laI:eadvepovllilm 58. Nonb CIty TMA NolWOlk lUlluIIInl c:IuIifiedt plbIl....... 59. Nonb Chy TMA Netwod< Al-uvo 6aoIo . Dc\odcIp YIlIpOll1......m 60. Nonb S.tl. Co~TMA'L__ Trlp -."'limLpm81...'-'-"'Uaealjllrildic~_1 ofllklpllna---- JllUanm2 61. Clay MeA nIA . TCM'I. MId tcmnleulbilil)' 1lUdy3 62. CuIqoI RideIham GaaioI CaIpooIID& - PIlot pooanm to JIIU'llotu.ld pruvldD inoondvN 63. IIuIlako ~ Co. Ridtl~anpoo\ Proanm.1Iadab, CbulI Villa 64. ........... DeveIopnent Co. PaIk I: lUdo fIclIIl)' .1...'...... VlIIIae Ceo... QuIa VU!& 65. Hawlhamc PoworSye_ NuurllIU tueIlQ8 - Hl&b CllJldlylill-fllhlllkm 66. Hawlbome Powor SYIlOIIII Abemlllve fIaeII- JlIeet veldcle CClIIVOIIIon 67. NMImnIce llDtorpdeos.lDc. BmiuIoD *""'1 J'IlIolillbr veIIIcIcIlo. yom olcl- PIlot lIlIIdy 68. S. D.l!IlvlroIInIeII Svcs Qrou.cmlallll veIllcIe baybuk aDd "ClI'IIJlIIlIP prullUl - PIIotlllldy 69. SDO&Il AlICrIIIIM fa,hobldel.l'lmd ...-.Al...I/ 11I......1 70. SOOIdl AlllllllDo6f1ele - ~"""''''''-ofllllUlll... fDtliD8IWioa1 ___Ii'" "'-""'Yew.. "'ooell...llOOMIIIomof_~ .....-1... t$OO.OOOIll$I.ooo.ooo . ---...pamhue of '-Y-lluD1 NOV'I TrIp ndIa:liun p"anm - Demollltlldan pruja:l 0Id4r _ vebiaIo evaI......1noL C!1".......-..A...IIIIiuIon_1 device, '" caalyIIc ma.lDar --.4 ToteI Pl 'OpCliIed ProJec:IB Ccist: S2l,122,461 to S33,m,4l51 39. Colllll)' of SIll I'JIeao 40. CoUllty of s... 01010 41. Co1IIIly of Sift Diego 42. Co1mIy of SIll DioIlD 43. CoullI)' of SaIl Dileo 44. ~ of SIll DIoF 45. Couo!y of SaD Dieeo 46. OounlyofSaDJ)Jqo 47. Couoty of SaD DIeao 48. ClIum, of SID Dloao 49. Couoty of SIll DiIF SO. MTDB 51. MTDB 52. MTDB 53. MTDB 54. MTDB 55. NCTD 56. Nonb cay TMA NcIWOlk 71. SOOIdl 72. SDSU 73. TAMRlC ProJec:IB Pl upcHIt'd tor AS 2766 Fundi (VtIIIde ll....tIon Feea) PrOJk-d ProJedl1 3 No fllDdl eoIlolled by Otay Mea nIA at lbla II-. 4 Sappl_lIly iIIf_tiOlllD follow. -2- ~y/tJ $$31,B75 $1110.000 $1,119,480 1138.000 S825.ooo $340,000 SI,llllO.OOO 1150.000 $15.700 S847.ooo SdO.OOlJ $1.o00.ooo lD 14.170,000 SS4.ooo to S3OO.ooo S2,15O,000 S2OO.000 fD $7.050,000 525.000 $Z4,3JO 10 $SZ,2llO $40.800 5352,200 596,600 1315,464 $100.000 S4$O,OOO $19.000 $118,193 5511,344 1261,344 SZ'12,930 1700.000 $125.000 1500,000 10 11.875.000 $315,000 Mor,y "1~3/IUM AB2766 Funding City of Chula Vista 1 CITY OF CHULA VISTA AB2766 REQUEST FOR FUNDING ------------------------------------------------------------------ ------------------------------------------------------------------ The City of Chula Vista has created a multi-dimensional approach to help businesses within the City meet Transportation Control Measures (TCM) under the County's Air Quality Strategy. Because the specific regulations have not been approved by the Board at the time of this proposal, the City has created a program based on draft regulations. Once the Employer Trip Reduction Regulations are approved, the specific aspects of this program will be modified accordingly. In creating this programmatic approach, the City has attempted to provide a variety of options for businesses, which we believe will maximize the business community's ability to easily meet TCM's. The City has also designed the program to maximize auto emission reductions, not administrative functions. To summarize, the City of Chula Vista proposes funding for the following programs: 1. Development of a Satellite Work Center 2. . Employer Trip Reduction Business Partnership Program 3. Alternative Fuel Vehicle Fleet program and Calstart Model City Project ------------------------------------------------------------------ ------------------------------------------------------------------ 1. Pilot Satellite Work Center The City proposes to pursue funding for development and implementation of a Satellite Work Center. This Satellite Work Center, or Telecenter, would be utilized by both public and private entities. A telecenter is a centralized work site where employees from a variety of businesses from a location that is considerably closer to the worker's place of residence than the primary work site. Telecenters allows for the partial substitution of computers or telecommunication technologies in place of a typical commute to work by employees. Some portion of the worker's work week, a percentage which will be determined based on the specific needs of the employer and the employee's job duties, will be spent at the telecenter. When implemented the Telecenter will have employees from more than one and perhaps many individual companies. It will act as a business address to many different businesses and as a work place for their employees. The Telecenter will offer employers incentives to participate, such as free or very low-cost office space in exchange for a one year commitment. The City's proposal has the dual objectives of proving the potential of telecommuting work sites as means of reducing commuter traffic and air emissions, as well as furthering positive economic development and job generating strategies. The following benefits would be provided with the development of a telecenter: reduced vehicle trips and vehicle miles travelled, improved jobs/housing balance, employer credit for APCD regulation 1301, improved worker productivity, employees working closer to home, cost savings for the employer from avoided transit subsidies, energy savings. ~y/) AS2766 Funding City of Chula Vista The City has received a commitment for funding from the University of Davis - Telecenters program in conjunction with Caltrans, on condition the City receives matching funds from the APCS and has commitments from three employers to utilize the telecenter. We are currently working with employers to obtain commitments, but until we have a program in place, with funding to back the program, employers are reluctant to sign on. The City's approach to create a public/private partnership in developing the Telecenter is a key to the project's success. Financial participation from state and local government, combined with local employers piloting the center with a commitment. of using the center for at least 1 year, will give the APCS an opportunity to evaluate the successes and drawbacks to such a program, as well as use this model to develop successful telecenters throughout the region. 2 The Telecenter Development proposal includes the following elements: I EMPLOYER SURVEY AND SITE SELECTION PROCESS The City will contract to recruit businesses and select a site based on both: a) a market analysis, which will be conducted and paid for by the UC - Davis program, and b) employee residence survey, which will determine where groups of employees live, and thus help site a center accordingly. Additionally, a priority in determining the participating employers will include those whose facilities do not have adequate access to mass transit. More specific location criteria will be established as potential sites are investigated and if potential tenants come forth early in the planning stages of the project. We anticipate development of the Center to be a coordinated effort with APCD staff, UC-Davis TeleCenter program, City of San Diego, and Caltrans. Costs for employer survey and selection process: $10,000 DEVELOPMENT OF THE TELECENTER In planning for the development of a telecenter, and in order to achieve maximum emission reductions, the following conditions will apply: The Center MUST: . utilize an existing vacant office facility. . be located in commercial or industrial zoning areas less than 1 mile from large, dense residential populations. . be located in proximity to residential communities that have poor or unavailable mass transit, where replacing single occupancy vehicle commuting is vital. . utilize an alternative fueled van neighborhood pickup points, in conjunction with employee survey results. E//~ AB2766 Funding City of Chula Vista 3 The Center is proposed to have: o approximately 10 private office areas, which can be shared by up to 3 employees from the same company at 120 sq ft per office. o approximately 7 additional work stations, approximately 500 sq feet.. o space for a Telecenter manager to handle office management, some reception/office equipment management, and employer recruitment. o common area services such as conference and work rooms and kitchen. o Separate room for fax machine and copier, to be shared by all employees utilizing the Center. o phone system, other office equipment. o Computers, modems. o Common Conference Room o Kitchen area o Lunch Room/break room TeleCenter Space/Equipment costs: SPACE LEASE: 3, 500 square feet tenant Improvements 1 conference room 1 copy/equipment room Phone line installation @ $1.00 /sf @$25.00/sf $42,000 year $87,500 CAPITAL EQUIPMENT: OFFICE EQUIPMENT: Furniture 30 desks 14 modular work stations 44 desk chairs and 44 guest chairs Reception furniture Conference Room Table/ chairs Tables/chairs for lunch room Telephone Telefax Machine Telecenter Personal Computer Center copy machine Center typewriter Center laser printer Personal Computers and Modems Personal computers could be purchased under a general purchase agreement as telecommuters become committed. Many potential tenants may have their existing computer equipment that would be transferred from the existing work site. Initially, the demonstration program will provide computers as an incentive to businesses to reduce their capital costs and participate. Capital Equipment Costs: $70,000 .25//;> AB2766 Funding City of Chula Vista 4 Program Implementation: The City of Chula Vista would act as the lead agency for the funding, monitoring, and reporting of this program. As such, the City would be accountable for the implementation of the Telecommuting Demonstration Program. the following functions will be necessary to implement the Center: Program Development Marketing/Advertising/Promotions Data Management Site Selection Training, Testing, and Evaluation Program Management Program Monitoring Program Reporting Mar1<eting costs: $50,000 TeleCenter - Ongoing Personnel Costs Initial Consulting Assistance, Staff for the Center to be Hired by the City of Chula Vista for two year period. TOTAL COSTS: -potential matching funds: $100,000.00 $359,500 $179,750 Total Personnel Costs: II II TOTAL COSTS: $179,750 We are asking for the total amount, with the caveat that if UC-Davis provides matching grant funding, half the total will be returned to the administrating agency. In implementing the program, we will make every attempt to obtain donated or discounted equipment to reduce costs. Once the initial equipment is purchased, operating costs will be reduced dramatically. Also, the Center will begin exploring ways to recover some of its costs from participating businesses. The Telecenter will help to reduce 225 vehicle trips per week, and will serve the County as a model to develop TeleCenters and Neighborhood Employment Centers. ------------------------------------------------------------------- ------------------------------------------------------------------- 2. Employer Trip Reduction Program This proposal provides funding to create an Employer Trip Reduction Business Partnership program in the City of Chula Vista for 1994. This proposal is in anticipation of a transitional period during which a) the final employer trip reduction are still unknown but will be determined .2S/j 'f AB2766 Funding City of Chula Vista during this time-period, and b) a decision will be made by the City of Chula Vista and other local municipalities whether to join forces to implement the regulations. 5 The City of Chula Vista proposes to create a comprehensive employer based program that will assist businesses in meeting their anticipated A VR targets. The key to the program is to begin implementation prior to the employer's target dates, with the goal of reducing their AVR through incentive-based programs for employees. A Business Partnership Program will be created to work, one-to-one with local businesses, consolidate material to be created for businesses, provide training, help in the establishment of employer based programs, such as telecommuting, van pooling, employee incentive promotions, and other programs to fit the needs of individual businesses. At the same time, the City's program will offer businesses the option to participate in the satellite work center, as well as multi-business shuttle systems. This program will be based on transportation control measures, not transportation demand management; the difference being that a program based on TCM's have the sole purpose of reducing air emissions through trip reduction, not simply congestion management strategies. Our proposal will create a program that will be implemented by the City either as the sole agency or in coordination with other municipalities. The Business Partnership Program will approach TCM's as cost saving measures, if done early enough to avoid costly employee subsidies. Our program would become a service to businesses, to establish agreements with major employers to take specific transportation control measures prior to AVR deadlines, in exchange for service incentives, such as free use of the shuttle vans. The City's program will be ongoing, and emphasis will be placed on business -assistance strategies to reduce commute trips. Training, workshops, establishment of programs to be used by businesses to reduce AVR, etc.. will be included in the program. A database will be established to maintain information on each worksite. Workshops will be held in conjunction with APCD to notify businesses of any changes in regulations, and how those changes will effect local businesses. Assistance will be given to businesses who need help filing their forms for submittal to the APCB. Enforcement will be an integral part of the City's program. The implementing agency, whether it be the City or part of a joint powers authority, will create a schedule in cooperation with APCD for compliance, and will work with businesses to monitor and ensure timely compliance with the regulations. The City will coordinate the use of 3 alternative fuel vans as an incentive for businesses to participate in the City's program. These vans will serve to pick up employees at highly populated areas, where mass transit is not available. One van will work in coordination with the Satellite Work Center. e:25//~ AB2766 Funding City of Chula Vista 6 BUDGET Equipment Costs: Personal Computers $6,000 Postage 4,000 Printing/copying 8,000 Office Supplies 6,000 Telephone 1,500 Graphics 3,000 TOTAL EQUIPMENT COSTS: $28,500 Personnel TCM Administrator $41,000 TCM Coordinator - Business Partnership Program $40,000 Clerical support $30,000 Consulting Services $20,000 Pension and benefits $31,220 TOTAL PERSONNEL $162,220 Alternative Fuel Van Shuttles Purchase of 3 alternative fuel shuttle vans $50,000 Other Costs: Management, City Services (I.e.: City Attorney, City Clerk, Finance, etc..) TOTAL INDIRECT COSTS: $35,224 ------------------------------------------------------------------------- ------------------------------------------------------------------------- 3. ALTERNATIVE FUEL FLEET PROJECT AND CALSTART MODEL CITY PROGRAM The City proposes a comprehensive alternative fuel retrofit, replacement, and employees ;2~/J~ AB2766 Funding City of Chula Vista 7 incentive program. The City proposes to substantially reduce emissions through these three elements: RETROFIT COST: $25,000 CNG Retrofit (including half differential paid by SDG&E) 20,000 Electric Retrofit The City plans to retrofit 10 heavily used fleet trucks/sedans to CNG. These autos may be used by City Employees as an incentive for employees to utilize as a carpool automobile during commute hours. For example, an employee would be allowed the use of the vehicle, if in exchange that employee agrees to drop off and pick-up 4 other employees. Retrofitting these vehicles to work toward the triple goal of a) reducing the City's contribution to smog, b) increasing the City's average vehicle ridership (A VR) and c) encouraging the local electric vehicle retrofit market in Chula Vista. The City also plans to test electric vehicles, by retrofitting two of our four parking enforcement vehicles. These vehicles, in particular, are perfect for retrofitting to zero emission autos because of the nature of the vehicle's use. The two vehicles are constantly driven, with many start/stops during the day, every day, and are driven in a fairly small radius, which makes the vehicles ideally suited for electric retrofits. REPLACEMENT And EMPLOYEE INCENTIVE PROGRAM Cost: Alternative fuel vans - included in Employer Trip Reduction Budget $15,000 pilot 0% retrofit loan program - employee assistance The replacement program consists of purchasing three new dedicated or flexible alternative fuel vans, depending on what is available at the time of purchase, to replace pool cars. These vans/cars may be used by City employees and eventually local employers in a coordinated van-pool pick-up program. We are considering an incentive program, in conjunction with the City's Employer Trip Reduction Program that could be expanded to include other participating employers. This incentive program consists of allowing an employee to drive a van-pool car home, on condition that person drops off and picks up at least 4 other employees. This incentive program has the effect of not only reducing smog as a result of using an alternative fuel vehicle, but it also will reduce vehicle commute trips by 40 trips per week; therefore it is a transportation control measure and employer trip reduction measure as well. Another incentive program proposed to be funded is a pilot 0% loan program, to be offered to participating employers within the City and employees of the City of Chula Vista. The incentive program will offer employees within the City the ability to retrofit their personal vehicles to become a flexible fuel vehicle. This program will add 6 alternative fuel vehicles on the road, as well as assuring those vehicles will be used during commute time, which in turn, will reduce the employer's AVR. Operated as an experimental pilot program, the City will be able to monitor the success of the program, determine if employee incentives should be expanded to encourage individuals to switch to alternative fuel vehicles, and develop assumptions regarding individual interest in utilizing alternative fuel vehicles.. If it is successful, this type of program could be one example of how employers may be create 02S--/7 AB2766 Funding City of Chula Vista 8 incentives to help employee reduce their AVR contribution. MODEL CITY PROGRAM cost: $40,000 The City is currently working in conjunction with Calstart, and we are jointly submitting a proposal to the Advanced Research Projects Agency (ARPA) to become Calstart's Model City to retrofit and test electric fleet vehicles, both for use in municipal operations and to be lent to local businesses for use in their fleet programs. ARPA will supply the City with 50/50 matching funds, and we are requesting the other 50% to come from AB2766 funds. If successful the Model City program will create an opportunity for Chula Vista and the San Diego Region to be the first true full-scale electric vehicle demonstration project in the Country. Because Calstart is receiving a high degree of interest on the state and federal level, we believe there is a very good opportunity to obtain ARPA funding, particularly if the City can demonstrate that matching funds are available. This program will produce 8 electric vehicles to test, reducing all smog contribution to zero emissions. ~OTAL FOR ALTERNATIVE FUEL AND EMPLOYEE INCENTIVE PROGRAM: $100,000 In summary, the City of Chula Vista is asking for a total of $555,690, for three separate programs. The Satellite Work Center's total budget is $359,500; the City is requested half of the total to be funded from AB2766 funds, as it is appropriate that a regional Telecenter, to be pilotted for public and private use, should be funded from regional moneys. The City's Employer Trip Reduction Implementation program totals $275,944. Finally, the City respectfully requests funding for an alternative fuels cooperative program, in conjunction with Calstart, where the City of Chula Vista has proposed a 50/50 matching grant from ARPA to become a Model City for electric vehicle testing. This program request amounts to $100,000. Thank you for your consideration. For additional information, please contact Barbara Bamberger at 691-5296. ;2~ -llf' RECEIVED fEB 111993 TRAFFIC ENGINm~ING NO. 079 Air l'oUuuon Control Bo..rd Ilrian P. Ililbray Distti.t 1 Djanne Jacob Disuiet 2 Pam.l. Slater District 3 Loon 1.. Williams District 4 John MacDonold Distti.t 5 Air PoUuUon Control Offic:er R. }. SommctVille (;108 04/12/93 15:41 E8.D/TRAN5PORTATl ON FLANN 1 N6 .. 425 6184 III PII\lIIIIIIICINIBR umtlIl:T conrY OF UI DIEGO ,j' REQUEST FOR PROPOSED PROJECTS TO BE FUNDED OR PARTIALLY FUNDED BY VEHICLE REGISTRATION FEES , '. ~ . ":1'.. ',' ". : ' I :BnC~l!rollnd The San Diego Air Basin has a severe ozone air qualily problem. Preliminary 1992 data indicate the health-based state air quality Standard for ozone was exceeded on 97 days. About 60% of the reactive organic gas and oxides of nitrogen emissions thar conrrlbute to theIegion's ozone Jl!Oblem come from motor vehicles. To solve the smog problem, the Air Pollution Control Board (Board) adopted the 1991 San Diego Rejlillna! Air Quality Strategy, which includes transponation coplrol measures to reduce motor vehicle emissions by reducing motor vehicle travel, as well as the California Air Resources Board's Low Emission Vehicle pro~m to ~duce the average emission rate of each vehicle as old 1,ligher-polluting vehicles are reared and replaced with new cleaner .vehicles: ::','.... '. . :";:::.' ~ :.: :' :..: :.' ," ; ..'" .,' Yehic1~ Re2istration Fees " ", ': t' " ;. .... " To :t>rovide Disl:l;icts and other local implementing agencies the funding needed to implement mOlor vehIcle related emission reduction progroms, the Legislature enacted AB 2766 (Health and :lafety Code Sections 44220-44237) which authorl2es the Air Pollution Control Board to establish up to a $4 motor vehicle registration fee surcharge. On November 19, 1990, the Air Pollution Control Board established a $2 fee, which will generate about $3.4 million annually. The Board could consider an increase in fee from $2 to $4 if additional revenues are needed to fund projects implementing the control measures. Rpnu@d for Pronosals .' / The District is solicitin~ proposals for projects to be funded with the vebiole registraii"on fee moneys. Su lI:l!ested pnority uses for these funds arc presented in Auaclunellt 1. The funds generated pursuant to AB 2766 will be allocated by the Air Pollution Control Board among the District, the cities. the San Diego Association of GovernmentS (SANDAO), and other eligible agencies and organizations to implement motor vehicle emission reduction programs. . . Proposals are not beifig requested for public information Ilrograms related to trip zeduction nor for - - indirect source control programs for new developments, because the District is developing those programS. . ',' .,' . '/ 9150 Che"apcake Drive' San Diego' California 92123-1096' (619) 694-3307 FAX (619) 694-2730 . Smoking Vehicle Hotline 1-8QO-28-SMOKE ' , 19....""'......,:......... d-Y /1 04/12/93 15:42 E8.D/TRANSPORTATlON PLANNING .. 425 6184 Patty Boekamp Page 2 February 5.1993 Project proposals must be submitted in triplicate by March J., 1993. Proposals should include esumateS of the annual costs (capital, operating, labor, overhead), emission reduction potential (both immediate and long term), and should include options with a range of costs in case funds are not sufficient to implement the project at the optimum level. Any funding allocated by the Board will be subject to performance audits by the District. Process for Review and Allocation Proposals will be reviewed based on emission reduction potential, and substantial consideIlltion will be given to proposals with matclting funds. District staff will propose a funding allocation schedule and implementation plan, and conduct a workshop among interested and affected panics prior to making recommendations to the Board for distribution of these funds. The recommendations as approved by the District Board will be submitted to SANDAG for review and comment by SANDAG member agencies and approval by the SANDAG Board of Directors. Afrer the SANDAG Board action, the District will hold a public hearing to review the SMIDAG action and approve projects and fund allocation. The Board ma~ revise or modify the allocation schedule and iml?lementation plan submitted by SANDAG as deemed appropriate by the Board. This entlre process is expected to be completed by July 1993. Thank you for yOUT participation in the District's effOrts to reduce motor vehicle emissions and attain air quality standards in San Diego County. . If you have any questions regarding this matter,pl.ease contact Paul Sidhu at (619) 694.3303. , " <~ R. J. SO VILLE Air Pollution Corurol'()fficer . Attachment RJS:GCS:nt ;' " .-- " I c2y;20 NO. 079 1i'09 , COUNCIL AGENDA STATEMENT Item .2. V Meeting Date 05/11/93 ITEM TITLE: REPORT On the Chula Vista Human Services Council [A] RESOLUTION I~~{eng an agreement between the City of Chula Vista and the Chula Vista Human Services Council (CVHSC) setting forth the relationship between the City and the CVHSC and transferring $900 of CDBG funds or 1711&' [B] RESOLUTION Approving the transfer of $900 of CDBG funds from the Norman Park Senior Center to the South Bay Family YMCA for the Chula Vista Human Services Council SUBMITTED BY: Community Development Director C,-S, REVIEWED BY: City Manage&r. (4/5ths Vote: YES ~ NO-1L) BACKGROUND: The City Council established the Chula Vista Human Services Council (CVHSC) in 1988 in response to recommendations contained in the newly-adopted Social Service Plan. The Mayor and Council appointed the directors of public and private human services agencies as its members, many of whom were not Chula Vista residents. Over the past four years, CVHSC has brought together agencies and resources to collectively address the city's most pressing human services needs. Although not an official advisory body, the Council's activities are undertaken under the auspices of the City and with CDBG and other City funding. Some of the programs initiated by the CVHSC may involve direct services to the public, which creates a liability factor for the City. The larger issue is the role of the CVHSC and its relationship to the City. This report contains a history of the development of the CVHSC, explains the current issues, and proposes options for resolution of the issues. RECOMMENDATION: That the City Council: 1) Accept the report on the Chula Vista Human Services Council; 2A) Adopt the resolution approving an agreement between the City of Chula Vista and the Chula Vista Human Services Council (CVHSC) and the transfer of $900 of CDBG funds from the Norman Park Senior Center to the South Bay Family YMCA for the CVHSC or .2~"/ Page 2, Item ,) (, Meeting Date 05/11/93 2B) Adopt the resolution approving the transfer of $900 of CDBG funds from Norman Park Senior Center to the South Bay Family YMCA for the CVHSC (City Manager's preferred option) BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable. DISCUSSION: The Development of the Chula Vista Human Services Council On January 5, 1988, the City Council approved the Chula Vista Social Services Plan and shortly thereafter established the Human Services Task Force to work toward implementation of the Plan. Its members were originally nominated by the Mayor and appointed by the Council, including the directors of health and human services agencies and one member of the City Council (ex-officio). Many of these members were not residents of the City of Chula Vista. Two City staff have regularly attended meetings (the Human Services Coordinator and a Community Development Specialist). When established, the Task Force was recognized by the Council as an "independent" body, working on its own to increase coordination among social service providers. The task force later changed its name to the Chula Vista Human Services Council (CVHSC). In a memorandum to the City Council dated April 10, 1989, from Pam Smith, Chairperson, the CVHSC made two requests: 1) that the CVHSC be made permanent; and, 2) that the City provide a $1,000 grant for operating expenses. At its meeting of April 18, 1989, the City Council directed that, inasmuch as a number of the CVHSC members are not City residents, the group continue to function independently as they have in the past with full realization that Council will seek their input and suggestions in matters relating to social service programs. The Council subsequently considered and approved operating expenses for the CVHSC as part of the 1989-90 City operating budget. Over the past several years, the Council has gradually increased funding from two separate sources: the "promotions budget" and CDBG (administrative, not social service, funds). For FY 1992-93, the Council approved a total of $24,000 to support the CVHSC, including grants of $20,000 from CDBG administrative funds and $4,000 from the City's promotions budget. The CDBG administrative funds are specifically for CVHSC to do resource development, which includes seeking outside funding opportunities, sharing information and resources, and coordinating efforts of agencies to address unmet needs. As the CVHSC does not have the capability to administer CDBG funds, the South Bay Family YMCA agreed to be the contractual and fiscal agent for the CVHSC and to provide office space for the two part-time staff associates hired by CVHSC. The scope of work in the CDBG contract does not include coordination or provision of direct services to the community. (If it were to include the provision of direct .)" -,;.. Page 3, Item .;.. V Meeting Date 05/11/93 services, then the Council would have to appropriate CDBG social service funding.) Coalition-building and Proiect CARE Over the past 4 years, the CVHSC has been a catalyst in successful coalition efforts, including the Transportation Latchkey Coalition, the South Bay Drug Abuse Prevention Coalition, and the Domestic Violence Task Force. These efforts have included not only public and non-profit providers but also many businesses and church groups. To bring providers together, CVHSC also distributes a quarterly newsletter and provides semi-annual training forums. In Spring 1992, the CVHSC brought together a number of agencies and businesses to create a "safety net" program for isolated seniors; out of this ad-hoc coalition came Project CARE. The primary component is "ARE YOU OK", a computerized program for making a daily phone call to seniors living alone. The "ARE YOU OK" program is based at the Norman Park Senior Center and supervised by the Parks and Recreation Department. Another component of Project CARE is a project to utilize volunteers to make minor home repairs (health and safety-related) for seniors. The CVHSC has solicited local businesses and service clubs to participate and has identified seniors in need of this service. At its March 23, 1993, meeting, the Council approved a $20,000, 16-month contract between the City and Lutheran Social Services. The approval of this contract allows the project to move forward without creating significant liability concerns for the City. Role of the Chula Vista Human Services Council The role of the CVHSC and its relationship to the City needs to be clearly defined. Although the CVHSC appears to work independently, it is actually working under the auspices of the City, and has no separate legal existence (e.g. as a non-profit corporation). Therefore, any direct services provided by CVHSC can be viewed as City-sponsored activities. In the past, CVHSC activities consisted of training, networking, coalition-building and resource development. This year, the CVHSC has initiated several programs for which they may have some responsibility for day-to-day coordination. Besides the home repair program for seniors, the CVHSC has started a domestic violence legal clinic and the Citizens Adversity Support Team (CAST), a trauma intervention program in conjunction with the police and fire departments. (See the information item dated April 6, 1993 for more information on C.A.S.T.). Staff is presenting options to the City Council for enabling the CVHSC to continue their excellent work in our community but without increasing the City's liability risk. The independence of the CVHSC is what allows them to respond so effectively to community needs. So the question is how can the CVHSC maintain its independence and how can the City resolve legitimate concerns about liability? .2 J,:J Page 4, Item )./, Meeting Date 05/11/93 Options Discussed by Staff and CVHSC Staff believes the CVHSC should continue as a coordinating body financially supported by the City because of the invaluable role it plays in bringing together providers and resources to address our human services needs. However, due to the legal liability issue, the City Attorney and Risk Manager feel that the City needs to clearly define the relationship between the City and the CVHSC. Staff has met with the CVHSC and discussed many options for responding to this issue, including the following: 1. Make the CVHSC a formal City advisory body- This is not a desirable option because many of the members of the CVHSC are not City residents and, per the Charter, are not eligible for membership except in an ex-officio capacity and the CVHSC would lose a large amount of the "independence" which allows them to be so effective in responding to community needs. 2. Encourage the CVHSC to become a legal, non-profit corporation with its own bylaws and board of directors- This would allow the CVHSC total independence to implement programs and to purchase liability insurance to cover their risks. However, some of the CVHSC members feel that the organization is not ready to take this step immediately. The CVHSC does not have an adequate funding base to support the full-scale operation and does not want to compete with the existing human service organizations for funding. CVHSC desires to remain under the auspices of the City because of the credibility it gives to their effort and the good publicity it provides for the City. 3. Allow the CVHSC to operate as an entirely independent volunteer organization with no formal connection to the City. By severing the connection between the City and the CVHSC, the liability issue will be resolved. Staff has drafted a written agreement (see Attachment A) which creates this new relationship between the City and CVHSC. The agreement deals with the following items: a) The CVHSC may use the City's logo on printed materials only with the advance written permission of the City's manager's office and in conjunction with: "Funded and supported, in part, by the City of Chula Vista but not an official body of the Cit y"; b) The City will discontinue funding the CVHSC from the "promotions" budget of the General Fund (for which no contractual agreement exists) and increase CDBG funding to CVHSC by a similar amount. This will enable all of the CVHSC funding to be expended under a contractual agreement (with the YMCA acting as administrative agent). c) The City will continue to provide staff liaison to the CVHSC through the Human Services Coordinator and a Community Development Specialist. .,2~-tf '/ Page 5, Item .2. (, Meeting Date 05/11/93 d) Staff will meet and confer with the CVHSC about becoming a non-profit, charitable organization under state and federal law . The CVHSC may need additional funding to obtain this status (the amount has not yet been determined). 4. Allow the CVHSC to continue to operate as they have with the understanding that they will seek prior approval from the City Manager before they engage in the provision of direct services or use City facilities. By giving the City manager prior approval over direct services and use of facilities, the potential for liability will be minimized. Staff will draft a letter of understanding between the City Manager and the CVHSC which specifies the process for City manager approval and also includes items "b", "c", and "d" above. The City Manager favors this ontion. given that he doesn't feel that. based on past performance. the CVHSC activities constitute sie:nificant risk for the excellent work that do and given that CVHSC is still evolving and defining itself as an organization. If the City Council supports Option 3, then Resolution A should be adopted; if the Council supports option 4, then Resolution B should be adopted. FISCAL IMPACT: If Council approves either resolution, $900 will be transferred from a completed project (Norman Park Senior Center) to the South Bay Family YMCA for the CVHSC. This will replace the $900 remaining balance in the 1992-93 allocation to CVHSC from the General Fund. Staff will return with a signed contract amendment (to the existing YMCA/CVHSC contract) at a Council meeting next month. In future years, the CVHSC will be funded solely out of CDBG funds (through a contract with the YMCA). . The additional funds necessary to assist the CVHSC to incorporate are undetermined at this time. ,2 " :> RESOLUTION Ii D S b RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA HUMAN SERVICES COUNCIL (CVHSC) SETTING OUT THE RELATIONSHIP BETWEEN THE CITY AND THE CVHSC WHEREAS, the Chula Vista Human Services Council ("CVHSC") is an unincorporated association of persons which was created by the City Council in 1988, but now operates independently of the City within the South County area to coalesce human services providers; and, WHEREAS, the CVHSC members were originally appointed by the City Council but are now appointed by the members of the CVHSC; and, WHEREAS, the CVHSC wishes to identify the City of Chula Vista as a contributor and supporter of its activities, although the City does not necessarily approve, sponsor, or control such activities. NOW, THEREFORE, THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE ORDER, AND RESOLVE AS FOLWWS: SECTION I. The City Council does hereby approve the agreement with the Chula ~i~ Human Services Council, a copy of which is on file in the office of the City Clerk. ' \ SECTION II. The City Council does hereby direct an,d authorize the Mayor Qft~e City of Chula Vista to execute said agreement for and on behalf of the City of Chula Vi4ta,,; , \ '. ' SECTION III. The City Council of the City of Chula Vista does hereby approve the reappropriation of $900 offunds from Norman Park Sytlior Center (Account # 64~-o460-PR1l0) to the Chula Vista Human Services Council (Accoul1t #648-6481-BG252). .' SECTION IV. This Resolution shall take~: be in full force and\rfe\;im~ediatelY upon the passage and adoption hereof. ;' .I ! SECTION V. The City Clerk sh,iJl certify to the passage aIld adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoption herePf in the minutes of the meeting at which the same is passed and adopted. Presented by: , ! / ~ to 1 by Chris Salomone Community Development Director ruce M. Boogaard City Attorney [AIHSC,RES] 9(,- , RESOLUTION J 705'tJ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA HUMAN SERVICES COUNCIL (CVHSC) SETTING OUT THE RELATIONSHIP BETWEEN THE CITY AND THE CVHSC; AND TRANSFERRING $900 FROM THE NORMAN PARK SENIOR CENTER TO THE SOUTH BAY F AMIL Y YMCA FOR THE CVHSC WHEREAS, the Chula Vista Human Services Council ("CVHSC") is an unincorporated association of persons which was created by the City Council in 1988, but now operates independently of the City within the South County area to coalesce human services providers; and, WHEREAS, the CVHSC members were originally appointed by the City Council but are now appointed by the members of the CVHSC; and, WHEREAS, the CVHSC wishes to identify the City of Chula Vista as a contributor and supporter of its activities, although the City does not -necessarily approve, sponsor, or control such activities; NOW, THEREFORE, THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council does hereby approve the agreement with the Chula Vista Human Services Council, a copy of which is on file in the office of the City Clerk. SECTION II. The City Council does hereby direct and authorize the Mayor of the City of Chula Vista to execute said agreement for and on behalf of the City of Chula Vista. SECTION III. The City Council of the City of Chula Vista does hereby approve the transfer of $900 of funds from Norman Park Senior Center (Account # 646-6460-PRllO) to the South Bay Family YMCA for the Chula Vista Human Services Council (Account #648-6481- BG252). SECTION IV. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION V. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Approved as to form by: &- Bruce M. Boogaard .2~/I.1 City Attorney AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND THE CHULA VISTA HUMAN SERVICES COUNCIL (CVHSC) SETTING OUT THE RELATIONSHIP BETWEEN THE CITY AND THE CVHSC WHEREAS, the Chula vista Human Services Council ("CVHSC") is an unincorporated association of persons which was created by the City Council in 1988, but now operates independently of the city within the South County area to coalesce human services providers; and, WHEREAS, the CVHSC members were originally appointed by the city Council but are now appointed by the members of the CVHSC; and, WHEREAS, the CVHSC wishes to identify the city of Chula vista as a contributor and supporter of its activities, although the City does not necessarily approve, sponsor, or control such activities. NOW, THEREFORE, the parties hereto do hereby agree as follows: 1. The Chula vista Human Services Council shall not use the city's logo without the advance written permission of the city Manager or his designee. Whenever written permission is granted to use the City's logo, it shall be placed below the CVHSC logo and be accompanied by the following wording: "Funded and supported, in part, by the city of Chula vista but not an official body of the City." Existing printed materials of the CVHSC which bear the City's logo may continue to be distributed. These printed materials include the "Human Services Directory", "Community Needs Assessment", "Network Newsletter", and CVHSC brochure. 2. The City shall provide two staff liaison to the CVHSC, one from the Parks and Recreation Department and one from the community Development Department. The two city staff members shall each provide support to the CVHSC in the following ways: a) provide information to the CVHSC on and distribute pertinent informational b) report on programs and services departments; c) report back to the departments on issues which d~rector or boards/commission input or review; d) provide technical assistance, when appropriate, policies, goals, and objectives of the CVHSC. human services issues materials; offered by the two need on 3. The city agrees to allocate an additional $900 to the CDBG contract between the YMCA and the city for the CVHSC for the CVHSC newsletter and mailing costs. This amount is equal to the unused balance of the $4,000 FY 1992-93 appropriation from the promotions budget item. The CVHSC agrees to arrange, or otherwise contract, with the YMCA for direct payments of the expenses of the CVHSC, and the city shall have no further obligation in this regard. In the future, the city will discontinue funding to the CVHSC from the promotions budget. ';'~/I ,,~ 4. The CVHSC and the City agree to meet and confer for the purposes of creating a separate legal corporate entity under which the CVHSC may operate and to assist that entity in obtaining non- profit 501(c) status with the Internal Revenue service. Dated: CITY OF CHULA VISTA By: Tim Nader, Mayor Dated: CHULA VISTA HUMAN SERVICES COUNCIL By: Pam Smith, Chairperson ",2 t,A ..J RESOLUTION /7/ / " RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE TRANSFER OF $900 FROM THE NORMAN PARK SENIOR CENTER TO THE SOUTH BAY F AMIL Y YMCA FOR THE CVHSC WHEREAS, the Chula Vista Human Services Council ("CVHSCn) is a volunteer body created by the City Council in 1988 which operates within the City to coalesce human services providers; and, WHEREAS, the City desires to fund all ofthe activities undertaken by CVHSC under the CDBG contract with South Bay Family YMCA; and, WHEREAS, the $900 of CDBG funds are available from Norman Park Senior Center, a completed project. NOW, THEREFORE, THE CITY OF CHULA VISTA DOES HEREBY FIND, DETERMINE, ORDER, AND RESOLVE AS FOLLOWS: SECTION I. The City Council of the City of Chula Vista does hereby approve the transfer of $900 of funds from Norman Park Senior Center (Account # 646-6460-PRllO) to the South Bay Family YMCA for the Chula Vista Human Services Council (Account #648-6481- BG252). SECTION II. This Resolution shall take and be in full force and effect immediately upon the passage and adoption hereof. SECTION III. The City Clerk shall certify to the passage and adoption of this Resolution; shall enter the same in the book of original Resolutions said City; and shall make a minute of the passage and adoption hereof in the minutes of the meeting at which the same is passed and adopted. Approved as to form by: Chris Salomone Community Develop Bruce M. Boogaard City Attorney rJ/'I3-J COUNCIL AGENDA STATEMENT Item~ Meeting Date 5/11/93 SUBMITTED BY: Report: Petition from neighbors regarding parking problems with auto repair shop at rear of 363 "E" Street (Referral No. 2735) Director of Building an} ~ing fvII~::: Director of Planning ~ t- t" hA /.)"" City Manager/ (4/5ths Vote: Yes_No_XJ (; (.to -SiP <oJ ITEM TITLE: REVIEWED BY: BACKGROUND: On March 2, 1993, the City Council considered a petition from surrounding residents regarding parking and other problems associated with an auto repair shop located at the rear of 363 "E" Street. Staff was directed to meet with the neighbors and business owners, review previous Council action on this issue, and report back within 30 days. On March IS, 1993, a meeting was held with the owners of the businesses at the rear of 363 "E" Street, and on April I, 1993, a noticed meeting was held with these owners and surrounding residents and business owners. Notices were mailed to 64 surrounding properties, and 160 were hand delivered for distribution at Chula Vista lun which backs onto Glover A venue. Two residents and six business owners attended the meeting. On April 6, 1993, Council was informed that a likely solution to the situation was currently under discussion and, therefore, the report back to Council would be delayed. The sponsors of the petition have been kept informed by staff of progress on this matter. RECOMMENDATION: That Council accept the report and direct staff to monitor the effect of unifying site operations and report back to Council no later than August I, 1993. BOARDS/COMMISSIONS RECOMMENDATION: Not applicable. PREVIOUS ACTION: On June 30, 1992, Council directed staff to respond to complaints about the lack of on-street parking in the 100 block of Glover Avenue resulting from an auto repair shop at 363 "E" Street parking vehicles to be repaired on Glover for an extended period of time. Staff met with area residents and business owners, and suggested a combination of metered and resident-permit parking in order to address the problem. The residents in attendance at that meeting were unanimously opposed to any parking restrictions on Glover Avenue. They believed the auto repair business should be required to contain their parking on their own property, not on adjoining streets or illegally in the alley. The residents also voiced concern with ~7-1 Page 2, HemE Meeting Date 5/11/93 fumes from auto spray painting activities. The spray paint booth was in disrepair and some vehicles were being painted outside the booth, which is illegal. On October 20, 1992, Council accepted staffs recommendation that no changes be made to parking restrictions on Glover Avenue, but that two additional "No Parking in Alley" signs be posted in the alley. Council was informed that the Police Department would continue to provide enforcement with regard to illegal parking in the alley, and that Code Enforcement was working to correct the problem with spray painting of automobiles. Since that time, a new spray paint booth has been installed at a different onsite location, and adjacent residents confirm that the problems with fumes and odors is largely resolved. Despite the posting of additional "No Parking" signs, and stepped-up enforcement by the Police Department, however, the parking problems continue. These include: clients parking in the alley, employees parking on the street and in a private lot of an adjoining business, and the parking and sometimes repair of customer vehicles in the street. DISCUSSION: As a result of our meetings with surrounding residents and business owners, it is evident that the parking problems are associated with J&L Auto Repair, which occupies the westerly 'most portion of the rear of 363 "E" Street. This portion of the property is separated from the balance of the site by a solid block wall and receives sole access from the alley. J&L Auto is a month-to-month sub-lessee of Superior Auto Body, which occupies the larger area to the east with access from Garrett Avenue (see attached site plan). Apparently, at the close of the business day, J&L attempts to store their customer vehicles within their site. But in the morning, employee vehicles and vehicles to be repaired are parked on adjacent streets in order to make room for work to occur within the small site. Occasionally customer vehicles are left overnight or even repaired in the street. Also, since there is no convenient space on-site to accommodate estimates, deliveries, pick-ups, etc., this parking often occurs in the alley, which blocks access to the apartments to the north, and which also restricts movement by larger vehicles through the alley. Evidently the "No Parking" signs are routinely ignored, and the neighbors are convinced that enforcement efforts, although appreciated, are futile. These problems are all related to the fact that an area designed to be used for repairs only -- accessory to the balance of the larger portion of the site to the east -- is being used independently for a separate business. It was never designed, intended or approved to be used in this fashion. Although there is nothing inherently wrong with an auto body and auto repair use sharing the same site, both businesses need to coordinate operations so that employee and customer parking, deliveries, and vehicle repair and storage can be accomplished in an appropriate manner. Part of the problem is the success of J&L Auto; they accept more business than can be accommodated on their small site. But also, primary access should occur off Garrett Avenue, a public street, which presently serves only the Superior Auto Body operation. This portion of the site not only has public street access, but also has areas to accommodate employee and customer parking, estimates, deliveries, and so on. ,2 7~';- Page 3, Itemn Meeting Date 5/11/93 A suggestion has been made that J&L Auto be required to take access off "E" Street, through what is now a parking lot for the restaurant which occupies the front portion of 363 "E" Street. The restaurant has limited parking, however, and the owner is not interested in further reducing the number of spaces to share access or parking with J&1. It was also generally agreed by the neighbors at the meeting that this approach would simply transfer problems from the rear to the front of the site, whereby among other things, circulation limitations would create conflicts with "E" Street traffic. Superior Autp Body, which assumed the lease on the property last October, has been very cooperative and is interested in solving the problems to the satisfaction of the neighbors. Since consolidating operations with J&L Auto is apparently unacceptable to either business, Superior Auto Body has stated in the attached letter that they intend to terminate the sublease with J&L Auto effective at the end of May. Superior would then integrate the use of the westerly portion of the site with their overall operation. Superior's proposal may not satisfy all of the concerns of the neighbors, at least one of whom would like to see the alley access from the westerly portion of the site closed off permanently. According to the Attorney's office, this may be an option available to the City, but necessitates creation of a vehicular access drive through the solid wall which presently separates the two portions of the site. According to Superior, this is part of their long term plans for the property, but is beyond their means at this point in time. Staff is of the opinion that unifying site operations may resolve the problems and should be tested for a period of perhaps 60 days following unification, with a report back to Council by August 1, 1993, and subject to the following additional requirements, which Superior has agreed to: 1. The westerly portion of the rear of 363 tiE tI Street shall be accessory to the balance of the site, and shall only be used by Superior Auto Body. 2. A sign shall be posted at the alley access point which indicates employees only, and which also directs all customers and deliveries to the Garrett Avenue entrance. It would be the intent of staff to monitor the success of these measures and, in consultation with adjoining neighbors, report back to Council by August 1, 1993. If the problems persist, the City could require additional measures to be taken, including perhaps the option of closing the alley access. The residents and business owners who either spoke at the Council meeting or attended the neighborhood meeting have been notified that the Council will consider this report at the May 11, 1993 meeting. FISCAL IMP ACT: Not applicable. Attachments Site plan Letter from Superior Auto Body NOT SCANNED Petition NOT SCANNED Council minutes (March 3,1993 and October 22, 1992) NOT SCANNED WPC F:\home\pJanning\865.93 ;/,3 -- I I I :lAV .L.L:lHHV~ - >. "C o lD o - ::::l <: ... o ... Q) e. ::::l en ~ ~ 1< I - ~ ~ '" " o '" ~ .-.-.-.-.-.-.-.-.-.-. I 1 I - 'J " " c: " " - - .. '" ..J ." '~(J ... ...J 0'- _al 06::::le. ""')<:~ -- -~ .2 7' L/ z ~t =--- . ~ ~.~ :0..' - we. 00 >~ alen ~ () .0 () wal 01- ...J ~ 00. 0 "' "' ." ~ c: '" '" ~ '" '" 0. 0. I 0 I .c: '" 0 I " '" .... ., 0 ~ > I '" 00. .c: I (J ., I 0 ..J "' "' ~ il :: f'f') \C f'f') -- ld ~ ~>~i c: u P I.~ I:r I. O. . . I.. .~. _ ___'~_ L; .., ~ .'::.. . I :~,,*,l, ' l' -r (') , - (" I' ,- ". ;\. L' . 1 . .. . j\ " . ), ; ".........,~'.".,-~.. ....",~"'.........-,"""~ April 8, 1993 CITY OF CHULA VISTA 276 Fourth Avenue Chula Vista, CA 91910 To All Parties Concerned, We are submitting this letter in hopes of resolving the Business/Resident discord concerning parking and traffic problems generated from 363 E Street. After meeting with City Representatives, Neighbors, and area Business Owners, It has become evident that Superior Auto Body, as principal tenants at 363 E Street, must take immediate and conclusive action to maintain a good relationship with the surrounding tenants. We have stated that our main concern over this issue is to satisfy both the City of Chula Vista as well as the local Residents. We feel that the complaints stemming from vehicle activity on or around J & L Automotive, who rents a portion of building space at 363 E Street are at a point that any resolution short of consolidating operations between Superior Auto Body and J & L Automotive will be inadequate in the eyes of our neighbors as well as the City of Chula Vista. Since consolidation of Superior Auto Body and J & L is unacceptable to each Owner, We propose to terminate our relationship with J & L Automotive, by issuing a 30 day notice to vacate effective May 1, 1993. Although this will cause a short term financial hardship for Superior Auto Body by eliminating the rent factor collected from J & L Automotive, We are certain that this change will result in the long term peaceful co-existence of everyone involved. This is the only feasible resolution to this situation for our business. Thank .2 7' 5' . RECEIVED '93 FED 24 AlI:45 H. Mayor & City Council City of Chula Vista 276 Fcurth Avenue CITY OF CHULA VIST A CITY CLERK'S OFFICE February 24. 1993. Dear Mr. Mayor. Members of the City Councll: Enclosed please find a petition Glaver Ave.to solve a situation innumerable problems for several Clty but others still prevail. by a that years. group of has been Some were c1tizens from the source of solved by the ~e feel that operatlng an auto repair shop out of a narrow alley :s not 1n the best interest of the city and all of us who have to suffer the inconvenlences of such operation. We also feel that the property at 363 E. St. 1S not adequate to rent a section as 1t is. and 1t is not conformlng to satisfy the basic needs of the tenants and neighbors. Hoping that you may be able to help us with this petition. we r€'~r,3.1 n . 2.1ncere ly. ~~ Martin Torres and other resident eighbors. 178 Glover Ave, ".r~"'t I'''j\''~'i-'''\' \/v 'I;l~~. i ~~ '4 COA\MUNiCA liONS ~ y-t/9J n fEB t< 1993 ~ ~ 7"" . 'UU ce,' ~~(L/) c.a5 / / Y'. d t2P~ ~<7~~;~ . ....---------..-- -----.....-..- f .... '5e I ~..*..*~***:A A PETITION *.....1l1ll.", The undersigned respectfully request the city of Chula Vista to condemn ad permanently close the north-west alley access to the property at 363 E street used by an auto-repair shop as their main entrance. (Common sense indicates that the entrance should be at E Street). The proper entrance for this bussines is from Garrett Street. We also request that the owner of this property provide the necessary parking facilities for the people employed there. customers and cars being repaired. At the council's meeting of 10-20-92 It was disussed the parking pre,blems at Glover Aveue and it was deClded trlat installing parj(ing restrictions in this area would not solve the problem maInly because it is INHERENT to this type of business to have a continuos flow of cars parking in front for estImates. tow trucks delivering cars. vans selling tools etc.: therefore is practically Inlpossible to enforce a no-parking restriction. The owner of thIS property is rentIng this space in detrIment of all the residents of Glover Avenue. We can hardly park our cars at Glover Avenue because it is always crowded with cars "f people that do not live here and now it has deterIorated to the point that sometImes some of these cars are left overnight. The SIgnS posted by the city at the alley are totally diregarded For years we have been sufferIng with this problem and other ~roblems associated WIth this operation and very little has been done to alleviate this situation. In spite of the fact that a dillapidated paint booth was removed. they paint cars in free space polluting the air: noise pollution. hammerIng metals. unnecessary horn use. high-power sound systems and littering the alley with trash still remains. An inspection at any time durIng working hours will reveal that cars are always parked in the alley blocking the entrance to twelve apartments and making diffucult for refuse trucks and other service vehicles to access the area. This location is totally inadequate for auto repair: cars are sometimes crowded like sardines inside this small space. We sincerely hope that this time the city will hear our plea. Chula Vista. CA. . January 29. 1993 Name. Address SIgnature Date .,< jot €I"',- ~ekt~~~ ~ ?ft'~/' ~ ~_ ~J.~ j/ 919/P-~5Jp- .)..7"? /-29-7;1 Martin Torres '2-'{-C(5 P~~e 2. PetitIon to request closure of entrance in alley NAI'IE MlllO!ES~ SIGoNA\vQE 11",1": ~/'\. A, ~AU:))I _. "-3 - 9~ -- ------- - t/-93 .-.2- 'i - "I :, d-'$-95 ~-S-S~ --~~ A~A uAt?i - --..-. ....... ....... 2.-6-9:3 .;?-& - X:3 - ~.......-_---- .v, '" -, - ~ . ~ ~. i:~"tf ===- . c2 7~~ b. Petition protesting auto repair shop at 363 "E" Street - Martin Torres, 178 Glover, Chula Vista, CA 91910-2515, and Heinz Hemken, 183 Glover, Chula Vista, CA 91910.2515. It is recommended that staff meet with the residents and return to Council with a recommendation. Pulled from the Consent Calendar. Mayor Nader stated that staff recommended Council should refer this back to staff to meet with Mr. Torres. His concern was that this was not the first time Council has heard about this issue. He asked if staff had a time line for conducting meetings with the neighborhood and gerting a report back. Mr. Leiter stated staff could report back to the Council within thirty days, and they could meet with Mr. Torres and the neighbors prior to that. o Heinz Hemken, 183 Glover Avenue, 91910, stated they had presented a request to close the entrance on the alley to the property of 363 E Street where the automobile repair shop operates. The situation has become very bad because of parking. This property does not have enough spaces to support three businesses, two of which deal with automobiles. Mayor Nader stated he knew this has been going on for a long time, but asked if another thirty days seem unreasonable to him. Mr. Hemken responded it would be okay. o Martin Torres, 178 Glover Avenue, 91910, stated he had called parking control because he could not park in front of his own house. They came out, but ticketed everyone including the homeowners. He stated the parking problem was serious. MSUC (NaderlPo:r) to refer to staff to meet with the neighbors, business owners, and all interested parties. When item comes back to Counell in thirty days, address concerns relating to hazardous waste, if any; and provide information concerning prior Counell actions. Mayor Nader stated that any legal violation enforcement should not be delayed pending staff coming back to Council; all legal violations should be dealt with at the time. ). 7"' '1 MINUTES March 2, 1993 Page 3 ,,-.- . I I! I: Minutes October 20, 1992 Page 9 18. REPORT PARKING CONCERNS IN 1liE 100 BLOCK OF GLOVER AVENUE - At the 6/30/92 meeting, staff was directed to respond to parking problems caused by business par~g for ext~nded periods of time on the 100 block of Glover Avenue. Staff evaluated the request and met With area residents to discuss alternatives available to improve on-street parking. Staff recommends acceptance of the report. (Director of Public Works) Heinz Hemken 183 Glover Avenue, Chula Vista, CA 91910, spoke in opposition to the staff recommendation. He felt the proposal would make the siNation worse and the other residents of the area shared his views. He stated there was a problem with parking due to the business located at 363 "EO Stre~t. Other pro~lems were noise and air pollution and painting on the location. He requested that Council find an eqwtable solution to the concerns of the neighborhoods. Martin Torres, 178 Glover Avenue, Chula Vista, CA 91910, was not in attendance when called. Councilman Moore stated he had reviewed the area and there were 26 vehicles on the site. He expressed concern regarding emergency response to the propertY. He questioned whether the painting was being done legally. John Lippitt, Director of Public Works, state.d that Code Enforcement was working with the owners. As of 10/9/92 there was a new owner, Superior Auto Body, and they were working with the Planning Department in order to come up with a solution to the concerns expressed. The staff recommendation was to not do anything on Glover Avenue based on a meeting held with the propertY owners, monitor the siNation, and work on the Code violations with the propertY owner. Councilman Moore stated if there were violations, warnings should be minimal and of a short time frame. If they were spraying paint illegally it should be stopped immediately and if they continued to operate they should be fined. He expressed his concern regarding the ability of emergency vehicles to respond due to the number of vehicles on the propertY. He requested a memo from staff stating what was allowed on the propertY. Mayor Nader stated that staff had indicated they were finding illegally parked vehicles in the alley and were citing them. He questioned if there was a legal reason that the area could not be posted so that illegally parked vehicles could be towed and whether the City had an ordinance that required the business to provide off.street parking for customers. Mr. Uppitt responded that he was unaware of any reason that the area could not be posted. Ken Larsen, Director of Building and Housing, responded that he did not have that information available. The only access into the building was off of the alley way of Glover, there was not street access. Mayor Nader stated that the Air Pollution Control District had regulations regarding painting and paint booths and questioned whether residents in the area had been provided the numbers of who to contact at APCD for air pollution enforcement. He also questioned whether City staff forwarded the complaints to APCD for investigation. Mr. Larsen responded that he was unaware as to whether the residents had been contacted by staff. The maintenance of a spray booth was subject to frequent maintenance by the proprietor and staff had found that the booth was in compliance. He did not believe that staff had contacted APCD. MSC (Nader/Moore) to accept the staff report; direc:t that signs be posted indicating that illegally parked vehicles may be subject to towing; staff provide the neighbors with APCD information; and forward the information contained in the complaina to APCD and OSHA. Approved 3"()'2 with Malcolm and Horton absent. .2 7../ t:) COUNCIL AGENDA STATEMENT Ite~~ Meeting Date 5/11/93 SUBMITTED BY: Report: Analyzing two alternatives for the Dtay Valley Regional Park Focus Planning Area f} Director of Parks and Recreati~ City Manager 6): {6 (4/5ths Vote: Yes_No..xJ ITEM TITLE: REVIEWED BY: The following information will describe the proposed Dtay Valley Regional Park Focus Planning Area (FPA). In considering the FPA, two alternative will be explored: 1) the FPA as endorsed by the Dtay Valley Regional Park Policy and Citizen Advisory Committees; and 2) a modification to the FPA which identifies Poggi, Wolf and Salt Creek Canyons and the area around the lakes as a special study area. RECOMMENDATION: That the Council support Alternative #2, thereby endorsing the proposed Focus Planning Area and special study area for the Otay Valley Regional Park planning process. BOARDS/COMMISSIONS RECOMMENDATION: At its meeting of April 15, 1993, the Parks and Recreation Committee voted 7-0 to support Alternative #2. DISCUSSION: The Otay River Valley spans three jurisdictions (Cities of Chula Vista and San Diego, and the County of San Diego) and has regional significance as a wildlife corridor and major river course. Since 1989, the City and County of San Diego and the City of Chula Vista have been jointly planning a regional park within the Otay River Valley area from South San Diego Bay to the lower Dtay Reservoir. In 1990, a Joint Exercise of Powers Agreement (JEPA) between the City and the County of San Diego and the City of Chula Vista was approved by each jurisdiction. The JEPA enables each agency to jointly coordinate acquisition, planning and design of the proposed park. In order to accomplish the goal of achieving a regional park within the valley, the JEPA established a Policy Committee (PC). The PC is comprised of the Mayor of Chula Vista, the Eighth District Councilmember from the City of San Diego, and the First District member of the San Diego County Board of Supervisors. The PC's main charge is to act as a decision-making body for policy issues related to the development of a park plan. In addition, a Citizen's Advisory Committee (CAC), of approximately 30 members, was appointed by the PC to provide input on the park planning process. The JEPA specifies that an FPA boundary be established and adopted by each agency. Joint staff from the three jurisdictions prepared a draft FP A boundary which was presented and modified ~-I Page 2, Item;}, Meeting Date 5/11/93 at several CA and Policy Committee meetings. The FP A boundary was approved by the Policy Committee on June 1, 1990. On October 2, 1992, the PC reaffmned its commitment to the current planning direction and recommended that each agency adopt the FPA boundary. Since this time the City and County of San Diego have adopted the Focus Planning Area. However, the County has indicated to staff that if Council approves the FP A as identified in Alternative #2, they would be willing to reintroduce the modified FPA to the Board of Supervisors. FP A Alternatives Staff has analyzed two alternatives for the FPA. The first alternative is the Policy Committee's recommended alternative (See Attachment A). The second alternative comes as a result of a concern expressed by Council and City staff about the FPA being too large and expansive (See Attachment B). Specific concerns had to do with the reasoning behind the inclusion of Poggi Canyon, Wolf Canyon and Salt Creek Canyon into the FPA. Other concerns dealt with why more remote areas like the area around the lakes needed to be included in the FPA. Alternative #1: Support the FPA boundary as approved by the Policy Committee and the Citizen's Advisory Committee. The proposed FP A boundary extends eastward approximately 11 miles from south San Diego Bay along the Otay Valley to the Otay Lakes and Bureau of Land Management boundaries near the San Ysidro Mountains. The FPA generally encompasses lands located within the Otay Valley and the major canyon and open space areas connecting to the Valley. The proposed FP A boundary traverses County of San Diego, City of Chula Vista, and City of San Diego jurisdictional lines. The Citizens' Advisory Committee and Policy Committee supported the FPA (Alternative #1) because it was based on the following criteria: 1) potential viewshed areas, 2) natural and environmentally sensitive resources, 3) connection to other regional open space systems, and 4) opportunities for recreational uses. Included in the FPA boundary are some publicly owned lands, however, the majority of the land in the FPA is within the private ownership. The FPA broadly focuses on the park's sphere of influence. For example, all significant open space interfaces, trail linkages and environmentally sensitive areas will be analyzed relative to their relationships to the Valley. Alternative #1 will expand the authority of the JEP A and allow Joint Park Planning staff and committees to comment on future development within these planning areas. A downside to this alternative is the level of review could be very detailed, thereby detracting from focusing staff efforts on the Otay Valley and the formulation of a concept plan. In addition, the areas of Salt Creek, Wolf and Poggi Canyons and the area around the lakes have and will continue to be subject to extensive review through the Otay Ranch Planning process and the Resource Management Plan. Further review of these areas by the Joint Park Staff appears to be a duplication of efforts. Alternative #2: Treat Poggi, Wolf and Salt Creek Canyons and the area around the lakes as a special study area. (Staff's recommended alternative.) ~.~ Page 3, Item &~ Meeting Date 5/11/93 Recognizing the concerns expressed by Council and staff about the FP A being too large, the Department has identified an alternative which treats these areas as a special study area. For example, once the Sunbow Development occurs, staff would review the open space component of Poggi Canyon as an open space maintenance district. Once the East Orange extension is developed, all slopes, parkways and median installations would be reviewed separately from the park's planning process. However, potential relationships to the Valley such as wildlife corridor or trails would be taken into consideration by planning staff. In the case of Poggi, Wolf and Salt Creek Canyons and the area around the lakes, it is envisioned that these areas could be managed under a separate open space preserve. Although these areas would be separate from the Regional Park they could certainly complement the park through potential trail linkages, wildlife corridors and habitat preserves. In this special study area, Chula Vista staff would communicate all pertinent information that may have a relationship to the Regional park to joint park staff. This alternative would eliminate the need or a detail level of planning within the special study area by joint regional park staff. This alternative is somewhat consistent with what has been previously approved by the Citizen's Advisory Committee and Policy Committee. The minor difference is the level of review would be less. The Special Study Area concept has been discussed with Joint Park staff and they did not express any serious concerns with this approach. All issues related to the study area would be conveyed to regional park staff and committees as informational. In addition, coordination of planning efforts would continue to take place between Otay Ranch staff and the Regional Park Joint Planning Staff. Lastly, this alternative will serve as way to focus on areas only within the Otay Valley, thereby expediting the development of the regional park's boundaries and a concept plan. Conclusion Since the original approval of the FP A boundary by the Policy Committee, planning effort has included: preparation of the Otay Valley Regional Park Progress Plan; participation in the Otay Ranch planning process; development of a detailed resource enhancement plan; and identification of properties appropriate for acquisition through a State Coastal Conservancy Grant. These have all been preliminary efforts. The park planning effort is now ready to more into detailed states. Adoption of the FP A boundary and special study area will provide both specific limits and a focus for Park concept plan which will delineate park boundaries. The Policy Committee has directed the joint planning staff to develop design guidelines for future proposed development projects. The FPA boundary will define the area within which the guidelines will be applied, and will also serve as a framework for future park development. FISCAL IMPACT: None. WPC F:\HOME'PARKSREC\900.93 ~-3 Minutes of a Regular Meeting of the PARKS AND RECREATION COMMISSION Thursday 6:00 p.m. April 15, 1993 Public Services Building Conference Room 2&3 ******************* 1. ROLL CALL MEMBERS PRESENT: Commissioners Hall, Lind, Sandoval-Fernandez, Willett, Helton, Roland MEMBER LATE: Carpenter (6:12) 2. APPROVAL OF MINUTES Motion to approve the minutes of the Commission meeting of March 18, 1993 as distributed. MSC WILLE1TIHELTON 6-0 (Carpenter out) 3. PUBUC HEARINGS OR REMARKS NONE 4. DIRECTOR'S REPORT Director Valenzuela reviewed highlights of the Commission Newsletter. 5. REPORTS FOR INFORMATION ONLY a. Nonnrofit Director Valenzuela gave an overview of the progress of the nonprofit. It is expected that more information will be available in June or July. b. GMOC Renort Director Valenzuela called the Commission's attention to the GMOC report which was included in their packets, and offered to address any questions that the Commissioners may have. He touched briefly on each of the GMOC recommendations, defining the Department's position in each case. c. Police Activities Leal!Ue Deputy Director/Recreation Sunny Shy gave a brief history of the organization of the Police Activities League, and addressed the Commission's questions regarding this League. She ~w5 PARKS AND RECREATION COMMISSION April 15, 1993 PAGE 2 stated that participation levels have been much higher than anticipated. The program is run by the Parks and Recreation staff with coaching assistance from the Police Department. Commissioner Hall suggested writing a letter of appreciation to the Police staff who assisted the Department with the League with copies of the letter to Councilmembers and attach a copy of the Commission report to the Councilmembers' copies. Commissioner Carpenter commended the Department for their efforts in organizing this League. She, however, expressed a concern as to what is being planned for the "hard at-risk" youth group of 12 to 15 year aids. This group is caught in the middle. Commissioner Willett recommended two letters be sent, one to the Police Chief and one to the Mayor and Council. d Chula VISta Community Park Director Valenzuela reviewed the status of Chula Vista Community Park and gave an overview of the future plans for the park. 6. ACTION TIEMS Unfinished Business Otay Valley Regional Park Focus Planning Area Director Valenzuela presented color maps of the Otay Valley Regional Park Focus Planning Area. He stated that due to the fact that a number of studies have already taken place in Poggi Canyon, Wolf Canyon and the Salt Creek area, he feels that there is no need to study the area further. It is his feeling that enough data is already available to do planning in this area. Motion to support the Otay Valley Regional Park Focus Planning Area MSUC HELTON/CARPENTER 7-0 New Business a. Green Fee Increase Deputy DirectorlParks Jerry Foncerrada gave an overview of the proposed fee increased and compared them to other golf courses in the County. Director Valenzuela discussed the staff recommendation on this increase and gave the Commission the reasons for this recommendation. .;2~ ' I.::> PARKS AND RECREATION COMMISSION April 15, 1993 PAGE 3 Raymond Cayla, a resident of Chula Vista and a senior citizen, spoke against the proposed increase on the basis that seniors can play at lesser rates in other golf courses in San Diego County without restrictions. Commissioner Hall asked if statistical data was available on the age of players at different hours. The Director replied that this data was not available. Commissioner Hall proposed that seniors be unrestricted throughout the week and restrictions apply only on Friday, Saturday and Sunday. Tom Frost, Regional Director of Operations for American Golf from Long Beach, spoke in favor of the proposed fee increase. He outlined the improvements that have been made to the Course by American Golf and gave a status report on the current condition of the Course. Director Valenzuela outlined the financial impact of the recent excessive rains on the golf course operators, American Golf, as well as on the City of Chula Vista, and gave the reasoning that supports the staff recommended increase. Commissioner Roland spoke in favor of leaving the fees and rules pertaining to seniors as they are. Commissioner Helton spoke in favor of the staff recommendation for a fee increase but against the restrictions. Scott Alvey, a resident of Chula Vista, stated that he represented the "Men's Golf Club" and spoke in favor of the rate increase. Commissioner Hall expressed concern that no statistical data was provided by American Golf so that the Commission could see the age range and number of people playing the golf course at various times of the day and days of the week. He feels that this is very pertinent information to the issues that are being raised. Motion to accept the recommendation of staff to endorse the green fees schedule, maintain the status quo of seniors and have no restriction on senior discount play Monday through Thursday and have Friday restriction for reserved tee times 8:00 am to 12 noon for those people playing on senior discount. MSC HALIJWILLETf 6-1 (Sandoval-Fernandez opposed - does not favor senior restriction) b. Youth Summit Director Valenzuela explained the Youth Summit process as outlined in the report that had be submitted to the Commission. d-t-'1 PARKS AND RECREATION COMMISSION April 15, 1993 PAGE 4 Motion to support the Youth Summit concept and authorize Commissioners Hall and Carpenter to attend the Youth Summit Phase I and Phase II meetings on May 12 and June 2, 1993. MSUC WILLE1T/HELTON 7-0 c. Benefits of Parks and Recreation Item tabled due to time constraints. d. Issues for Joint Workshop o Views on Department as lead youth agency in the City o Budget priority for at risk youth o Tour of the types of park we have o Underserved areas o Youth development programs o Gymnasium site in the City Commission requested the Director to put together a list of sites/issues for the meeting and bring it to the May Commission meeting. 7. COMMUNICATIONS a. Written Corresoondence NONE b. Commissioner's Comments HELTON - Commissioner Helton reported on her Grandson's being accosted by a man in Hilltop Park who told him that the park belonged to him and he did not allow dogs in the park. Adjournment to the next regularly scheduled meeting of May 20, 1993_ Respectfully submitted, ~~ ~..t z o > z <C () (!) (!) o CL . 'fi,'.i:;;;:.."'{-.:.... ,-' ,~:,\;;.;,#.;;\:{.~/''.A. :~c~"\i~~( .\ I :!<\'''':;:\ii!:/re,_", ;,' ,;l~I~' ~~;~?' -.2I".:r;'--..:...),-: '}'~"li'l\' ",:~"'" '.'-~/ .... 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