HomeMy WebLinkAboutAgenda Packet 2000/11/14 (2)
NOVEMBER 14, 2000
CALL TO ORDER
I declare under penalty of perjury that I am
employed by the City of Chula Vista in the
O"'@~kity Clerk and that I posted this
document on the bulletin board according to
Brown Actrequirlmantl. !~ 6'OiU
Dated iI/le/JeCe Signed F~1t~~.. . i0
ROLL CALL:
Councilmembers Davis, Moot. Padilla, Salas, and Mayor Horton.
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
.
OATH OF OFFICE:
COMMISSION
LARRY PERONDI - PARKS AND RECREATION
. PRESENTATION BY ROD DAVIS, EXECUTIVE DIRECTOR OF THE CHULA
VISTA CHAMBER OF COMMERCE, UPON HIS RELOCATION TO THE EAST
COAST
. PRESENT A TION BY SANDAG REGARDING AIRPORT ECONOMIC ANALYSIS
. PRESENTATION OF A PROCLAMATION TO THE 2000 VETERAN OF THE
YEAR - JAMES "BOB" LIND
. PRESENTATION OF A PROCLAMATION TO JOHN WILLETT FOR HIS
OUTSTANDING EFFORTS IN COORDINATION OF THE OTAY RIVER VALLEY
CLEAN-UP PROJECT; AND RECOGNITION OF CERTAIN INDIVIDUALS FOR
THEIR CONTRIBUTIONS TO THE CLEAN-UP PROJECT: Pete Flores (Donovan
Prison), Charles Moore (Pacific Waste Services), Steve Miesen (Otay Land Fill), Bud
Chase (Allied Waste Industries), Frank Herrera-A (Chula Vista Planning Department),
Bill Ullrich (Chula Vista Public Works Department), Byron Wishnek (San Diego Open
Space Management), Sgt. Bill Frew (San Diego Police Department Street Team), Sgt.
Roxana Kennedy (Chula Vista Police Department), Kevin O'Neill (O'Neill
Construction), Gary McCall (Hanson Aggregate), Kyla Winters (The Alfa Project),
Wayne Dicky (Otay Valley Regional Park Committee), Michael Meacham (Chula Vista
Special Projects Manager)
CONSENT CALENDAR
(Items I through 18)
The staff recommendations regarding the follOWing items listed under the Consent
Calendar will be enacted by the Council by one motion, without discussion, unless
a Councilmember, a member of the public, or City staff requests that the item be
removed for discussion. If you wish to speak on one of these items, please fill out
a "Request to Speak" form (available in the lobby) and submit it to the City Clerk
prior to the meeting. Items pulled from the Consent Calendar will be discussed
after Action Items. Items pulled by the public will be the first items of business.
I. APPROVAL OF MINUTES OF OCTOBER 24 AND NOVEMBER 7,2000
Staffrecommendation: Council approve the minutes.
2. WRITTEN COMMUNICATIONS
A. Letter from the City Attorney stating that to the best of his knowledge from
observance of actions taken in Closed Session on November 7, 2000, there were
no actions taken which are required under the Brown Act to be reported.
Staff recommendation: The letter be received and filed.
3. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING AN INJURY ILLNESS PREVENTION PROGRAM FOR THE CITY OF
CHULA VISTA
The City is required to maintain a written Injury Illness Prevention Program (IIPP) under
the California Code of Regulations, Title 8, Chapter 4, Subchapter 7, Section 3203. The
IIPP outlines the employee safety programs that the City has in place to help prevent
occupational injuries and illnesses. The adoption and support of the plan presented will
satisfY this requirement. (Director of Human Resources)
Staff recommendation: Council adopt the resolution
4. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING CONTINUATION, ON A FULL-TIME, PERMANENT BASIS OF
THE POSITION OF RISK MANAGEMENT SPECIALIST/SAFETY AFTER
DECEMBER 31,2000 AND AMENDING THE FISCAL YEAR 200012001 BUDGET,
THEREFOR (4/5THS VOTE REQUIRED)
In March of 1999, based on a recommendation made in a staffing study conducted by the
City's Special Projects Manager, Council authorized the addition of a Risk Management
Specialist position in the Safety Program for an 18-month period, and an evaluation of
the position at the expiration of that period. The evaluation has been completed, and the
on-going need for the position has been established. (Director of Human Resources)
Staffrecommendation: Council adopt the resolution.
5. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AMENDING THE CURRENT FISCAL YEAR BUDGET BY RECLASSIFYING ONE
BUILDING PROJECT SUPERVISOR IN PUBLIC WORKS/ENGINEERING TO
SENIOR BUILDING PROJECT SUPERVISOR; ONE PROGRAMMER/ANALYST
POSITION IN MANAGEMENT AND INFORMATION SERVICES TO LEAD
PROGRAMMER/ANALYST; AND THREE SENIOR MANAGEMENT ANALYST
POSITIONS IN ADMINISTRATION TO PRINCIPAL MANAGEMENT ANALYST
(4/5THS VOTE REQUIRED)
The addition of duties and changes in level or authority and/or responsibility to these
positions necessitates reclassification to the next level in the class series. These changes
are requested to continue to effectively meet the service demands on the City. (Director
of Human Resources)
Staff recommendation: Council adopt the resolution.
Page 2 - Council Agenda
11/14/2000
6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE ESTABLISHMENT OF A TECHNOLOGY REPLACEMENT
INTERNAL SERVICE FUND AND APPROPRIATING $585,000 FROM
UNANTICIPATED STATE SUBVENTION REVENUE IN THE GENERAL FUND AS
A TRANSFER TO ESTABLISH AN ADEQUATE RESERVE (4/5THS VOTE
REQUIRED)
During the Fiscal Year 2000/2001 budget process, staff proposed creating a Technology
Replacement Fund for the purpose of accumulating funds each year to replace various
computer equipment, including microcomputers, printers, and the City's UNIX
minicomputer. Staff, having defined the initial replacement schedule and identified a
source of funds for an adequate reserve, is now seeking approval to establish the fund.
(Director of Management and Information Services)
Staffrecommendation: Council adopt the resolution.
7. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
EXTENDING THE TEMPORARY CLOSURE OF CENTER STREET AND A
PORTION OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS' MARKET
ON THURSDAY AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO
CONDITIONS OF APPROVAL
On October 3, 1995, Council approved the closure of Center Street between Third
Avenue and Church Avenue on Thursday afternoons for the Downtown Farmers' Market.
The Market area was expanded on June 24, 1997 to include a portion of Church Avenue
in order to accommodate an increased number of farmers and add a section for craft
booths. The Farmers' Market has grown in popularity and again needs to expand. In
accordance with the adopted conditions of approval, the street closure must be extended
by Council before December 31, 2000. (Director of Community Development)
Staff recommendation: Council adopt the resolution.
8. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING AYRES LAND COMPANY AS MANAGER OF ACI SUNBOW,
LLC TO CONSTRUCT THE PORTIONS OF EAST PALOMAR STREET
IDENTIFIED AND INCLUDED IN SUNBOW II, PHASES IB, lC AND 2A, AS WELL
AS THE POGGI CANYON DETENTION BASIN INCLUDED IN THE PHASE lA
CONTRACT, AND RECEIVE CREDIT AGAINST TRANSPORTATION
DEVELOPMENT IMPACT FEES
The City has received letters dated March 3, 2000 and October 9,2000 from Ayers Land
Company requesting authorization and Transportation Development Impact Fee credit for
construction of roadway facilities along East Palomar Street from Medical Center Drive
to the easterly boundary of Sunbow II, Phases lB, lC and 2A, and for improvements
related to Olympic Parkway construction between Oleander Avenue and Brandywine
Avenue, including drainage basin improvements in Poggi Canyon and mitigation (general
biological, wetlands, CSS) for Phase lA and lB roads. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
Page 3 - Council Agenda
11/14/2000
9. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A JOINT USE AGREEMENT BETWEEN THE CITY OF SAN DIEGO
AND THE CITY OF CHULA VISTA AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
The City of San Diego has approved a Joint Use Agreement with the City of Chula Vista
for the Otay 2nd Pipeline to be relocated within Olympic Parkway, Paseo Ranchero and
the City of San Diego water easement adjacent to Telegraph Canyon Road, which is also
within publicly maintained open space. The agreement outlines each party's
responsibilities and obligations for that portion of Olympic Parkway, Paseo Ranchero and
the easement area that is being used jointly for public right-of-way, open space
maintenance, the conveyance of water, sewer and storm drainage. (Director of Public
Works)
Staff recommendation: Council adopt the resolution.
10 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING THE LOWEST RESPONSIVE BIDS AND AWARDING CONTRACTS
AS DESIGNATED FOR AWARD ON EXHIBIT "A" FOR THE RENOVATION AND
EXPANSION WORK ASSOCIATED WITH THE FUTURE PUBLIC WORKS
OPERATIONS FACILITY AND CORPORATION YARD, AUTHORIZING THE
EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACTS
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE EXPENDITURE OF UP TO $200,000 FOR GENERAL
REQUIREMENTS ASSOCIATED WITH THE CORPORATION YARD PROJECT
On September 26, 2000, Council passed Resolutions 2000-333 and 2000-334 approving
the rejection, re-bid and award associated with the first set of bids for the Corporation
Yard project. On October 10, 2000, Council passed Resolutions 2000-353 and 2000-354
approving the rejection, re-bid and award associated with the second set of bids. On
October 17, 2000, Council passed Resolutions 2000-364 and 2000-365 approving the
rejection, re-bid and award associated with the third set of bids. On October 24, 2000,
the City Council passed Resolution 2000-386 approving the award associated with the
fourth set of bids. Approval of tonight's resolution will accept the lowest responsive bids
and award all the contracts as designated for award on Exhibit "A" covering the
remaining trade work associated with the construction of the Corporation Yard project.
(Director of Public Works)
Staffrecommendation: Council adopt the resolution.
11. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS AND AWARDING CONTRACT FOR OLYMPIC PARKWAY
STREET IMPROVEMENTS, OLEANDER AVENUE TO BRANDYWINE AVENUE
(STM-344)
Page 4 - Council Agenda
11/14/2000
At 2:00 p.m. on November 1, 2000 in Conference Room 3, the Director of Public Works
received sealed bids for the "Olympic Parkway Street Improvements, Oleander Avenue
to Brandywine Avenue in the City ofChula Vista, CA (STM-344)" Project. The general
scope of the project involves the construction of curb, gutter and sidewalk, the
reconstruction of !he existing pavement and other work necessary to complete !he project
from Oleander Avenue to Brandywine Avenue to meet the Olympic Parkway
construction to the east. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
12 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ORDERING THE SUMMARY VACATION OF A TEN-FOOT PEDESTRIAN
ACCESS EASEMENT WITHIN A PORTION OF LOT "A" OF MAP 13845,
ASSESSOR'S PARCEL NUMBER 643-350-10
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING A TEN-FOOT PEDESTRIAN ACCESS EASEMENT WITHIN A
PORTION OF LOT "A" OF MAP 13845, ASSESSOR'S PARCEL NUMBER
643-350-10
A request has been received to vacate and relocate a ten-foot pedestrian access easement
within the property owned by The Otay Ranch Company. In accordance with Chapter 4,
Section 8333 of the State Streets and Highways Code, this type of vacation may be
performed summarily through adoption of resolutions ordering said summary vacation
and relocation of such easements. (Director of Public Works)
Staffrecommendation: Council adopt the resolutions.
13. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
APPROVING A TWO-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA AND MERKEL AND ASSOCIATES, INC. FOR BIOLOGICAL MITIGATION
MONITORING SERVICES TO BE RENDERED FOR TELEGRAPH CANYON
CREEK IMPROVEMENTS OFF-SITE MITIGATION, AND AUTHORIZING THE
MAYOR TO EXECUTE SAID AGREEMENT
The Army Corps of Engineers issued a nationwide permit for the Telegraph Canyon
Creek improvements project. In accordance with this permit, a Mitigation Plan was
prepared for the off-site mitigation requirement. The services of a qualified biological
monitor are necessary for the implementation of this plan as well as other conditions of
the permit. This report requests that the City Council approve the proposed contract with
Merkel and Associates, Inc. for $39,513.00 to provide consulting services as the
Enviromnental Monitor Specialist (biologist) to implement all of the conditions of the
Telegraph Canyon Creek enviromnental permits. (Director of Planning and Building,
Director of Public Works)
Staffrecommendation: Council adopt the resolution.
Page 5 - Council Agenda
11/14/2000
14 A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE FORMAL BIDDING PROCESS AS IMPRACTICAL, AND
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA; MERKEL & ASSOCIATES, CONSULTANT; AND PACIFIC BAY
PROPERTIES, APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING
SERVICES TO BE RENDERED FOR ROLLING HILLS RANCH (ALSO KNOWN AS
SALT CREEK RANCH), AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICAL, AND
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY OF CHULA
VISTA; MERKEL & ASSOCIATES, CONSULTANT; AND MCMILLIN OTAY
RANCH LLC, APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING
SERVICES TO BE RENDERED FOR OTAY RANCH, SECTIONAL PLANNING
AREA ONE PLAN (INCLUDING VILLAGES ONE AND FIVE), AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
C. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICAL, AND
APPROVING AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA;
MERKEL & ASSOCIATES, CONSULTANT; AND OTAY PROJECT L.P.,
APPLICANT, FOR BIOLOGICAL MITIGATION MONITORING SERVICES TO BE
RENDERED FOR OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN
(INCLUDING VILLAGES ONE, FIVE, AND ONE WEST), AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENT
In compliance with state law, Mitigation Monitoring and Reporting Programs were
adopted by Council for the Rolling Hills Ranch (AKA, Salt Creek Ranch) Sectional
Planning Area Plan and Otay Ranch, Sectional Planning Area One Plan (SP A One). SPA
One includes Villages One, Five, and One West. State law requires public agencies to
adopt such programs to ensure effective implementation of mitigation measures. This
report requests that the City Council approve the proposed contracts with Merkel &
Associates for a total of $44,372 annually to provide consulting services as the
Environmental Monitor Specialist (biologist) for Rolling Hills Ranch (AKA, Salt Creek
Ranch) and Otay Ranch, SPA One and to waive the formal bidding process. (Director of
Planning and Building)
Staffrecornmendation: Council adopt the resolutions.
IS A. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICABLE,
APPROVING THE THIRD AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND MNA CONSULTING FOR LAND USE
CONSULTING SERVICES RELATED TO THE PROPOSED CITY OF CHULA
VISTA MULTIPLE SPECIES CONSERVATION PROGRAM SUBAREA PLAN AND
IMPLEMENTING AGREEMENT, AUTHORIZING THE MAYOR TO EXECUTE
SAID AGREEMENT, AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET
BY APPROPRIATING AN ADDITIONAL $226,025 TO THE PLANNING AND
BUILDING DEPARTMENT FROM THE AVAILABLE FUND BALANCE OF THE
GENERAL FUND (4/5THS VOTE REQUIRED)
Page 6 - Council Agenda
11114/2000
B. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING THE CITY'S FORMAL BIDDING PROCESS AS IMPRACTICABLE,
APPROVING THE SECOND AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND REMY, THOMAS AND MOOSE, LLP FOR LEGAL
SERVICES RELATED TO THE CITY OF CHULA VISTA MULITPLE SPECIES
CONSERVATION PROGRAM SUBAREA PLAN AND IMPLEMENTING
AGREEMENT, AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT,
AND AMENDING THE FISCAL YEAR 2000/2001 BUDGET BY APPROPRIATING
AN ADDITIONAL $145,000 TO THE PLANNING AND BUILDING DEPARTMENT
FROM THE AVAILABLE FUND BALANCE OF THE GENERAL FUND (4/5THS
VOTE REQUIRED)
In April 1999, MNA Consulting was retained by the City to draft a revised MSCP
Subarea Plan (Plan), assist in the drafting of the Implementing Agreement, and assist in
processing the Plan and Implementing Agreement through the public hearing and wildlife
agencies' approval processes. In October 2000, Council adopted the Draft MSCP
Subarea Plan. There are a variety of tasks necessary to ensure smooth and timely
implementation of the Plan, and the City wishes to acquire incidental take authority for
Quino checkerspot butterfly, a species not covered under the MSCP. City staff has
determined that the scope of work for completion of the City's MSCP Subarea Plan has
expanded, and additional tasks have been identified related to Plan implementation and
legal review. Staff recommends that the existing agreements with MNA Consulting and
Remy, Thomas and Moose, LLP (Remy Thomas) be amended to include the expanded
scope of work. The resulting fiscal impact of approving the MNA Consulting and Remy
Thomas contracts would be an amendment to the Fiscal Year 2000/2001 budget to
appropriate $226,025 and $145,000, respectively, from the available fund balance of the
General Fund to the Department of Planning and Building. (Director of Planning and
Building)
Staff recommendation: Council adopt the resolutions.
16. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING THE CHULA VISTA NATURE CENTER TO SUBMIT A GRANT
PROPOSAL TO THE CALIFORNIA COASTAL COMMISSION WHALE TAIL
COMPETITIVE GRANTS PROGRAM; AND AUTHORIZING THE NATURE
CENTER DIRECTOR TO ENTER INTO A CONTRACT WITH THE CALIFORNIA
COASTAL COMMISSION IF A GRANT IS AWARDED
The Chula Vista Nature Center has been invited to submit proposals to receive grant
funds from the California Coastal Commission pursuant to the Commission's 2000/2001
Whale Tail Grants Program funded through the sale of the Whale Tail Coastal Protection
License Plates. A resolution of the City Council authorizing the Nature Center's grant
proposal submittal and designating the agency's representative is a required element of
the submittal. (Nature Center Director)
Staff recommendation: Council adopt the resolution.
Page 7 - Council Agenda
11/14/2000
17. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ACCEPTING BIDS, REJECTING LOWEST BID DUE TO DISPARITIES IN BID
PROPOSAL, AWARDING CONTRACT FOR THE CORRUGATED METAL PIPE
(CMP) REHABILITATION AT AUTUMN HILLS UNIT I (DR-152) PROJECT TO
FORD CONSTRUCTION COMPANY, INC., IN THE AMOUNT OF $278,000,
APPROPRIATING $40,000 FROM THE AVAILABLE FUND BALANCE IN THE
SEWER FACILITIES REPLACEMENT FUND AS A LOAN TO CAPITAL
IMPROVEMENT PROGRAM PROJECT DR-152, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACT (4/5THS VOTE REQUIRED)
At 2:00 p.m. on Friday, November 3,2000, the Director of Public Works received sealed
bids for the corrugated metal pipe (CMP) rehabilitation at Autumn Hills Unit I (DR-152).
This project provides for the rehabilitation of two existing 42-inch corrugated metal
pipes. The 42-inch CMP lines are located within and adjacent to the Autumn Hills Unit I
condominium property. The Autumn Hills Unit I condominium property is situated, in
general, between Malta Avenue and Maple Drive. The pipe lining method to be
employed by the successful low bidder for the project is Cured-In-Place pipe liner. The
work also includes all labor, material, equipment, transportation, protection and
restoration, and traffic control necessary for the completion of the project. (Director of
Public Works)
Staff recommendation: Council adopt the resolution.
18. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
AUTHORIZING AN AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING (MOD) WITH THE CHULA VISTA POLICE OFFICERS'
ASSOCIATION EXTENDING THE MOU FOR TWO YEARS AND PROVIDING
ADDITIONAL COMPENSATION AND BENEFITS AND AMENDING THE FISCAL
YEAR 2000/2001 BUDGET, AND APPROPRIATING $282,000 FROM THE
UNAPPROPRIATED BALANCE OF THE GENERAL FUND (4/5THS VOTE
REQUIRED)
The Police Officers' Association and City negotiators have met to discuss various
amendments to the Police Officers Association MOU, including extending the MOU
(currently scheduled to expire on June 30, 2003) through June 30, 2005. (City Manager)
Staff recommendation: Council adopt the resolution.
ORAL COMMUNICATIONS
Persons speaking during Oral Communications may address the Council on any
subject matter within the Council's jurisdiction that is not listed as an item on the
agenda. State law generally prohibits the Council from taking action on any issue
not included on the agenda, but, if appropriate, the Council may schedule the
topic for future discussion or refer the matter to staff. Comments are limited to
three minutes.
Page 8 ~ Council Agenda
11114/2000
ACTION ITEMS
The items listed in this section of the agenda are expected to elicit substantial
discussion and deliberation by the Council, staff, or members of the public. The
items will be considered individually by the Council, and staff recommendations
may. in certain cases, be presented in the alternative. If you wish to speak on any
item, please fill out a "Request to Speak" form (available in the lobby) and
submit it to the City Clerk prior to the meeting.
19. CONSIDERATION OF ADOPTION OF A RESOLUTION WAIVING GRADING
DEVIATION POLICY NO. 460-02, AND AUTHORIZING THE INITIATION OF
PROCEEDINGS FOR THE TRANSFER OF CITY OPEN SPACE PROPERTY TO
CERTAIN RESIDENTS WITHIN THE BONITA RIDGE ESTATES OPEN SPACE
DISTRICT NO.4
The resident at 426 Camino Elevado, Mr. Juan Quintero, brought to the City's attention
that there exists a discrepancy in the legal lot boundary between his property and the
adjacent City-owned open space lot. After examination, staff determined that there are
likely several properties in the subdivision with rear yards encroaching into the adjacent
open space lot as result of a failure to process boundary adjustment documents by the
developer back in 1974. Mr. Quintero wishes to process a boundary adjustment
document that will correct the boundary discrepancy. Staff is recommending waiving
Council Policy 460-02, Grading Deviation Policy, for Mr. Quintero and the other
residents with similar boundary problems within the Bonita Ridge Estates Open Space
District No.4 for a period of two years and allowing the residents to process boundary
adjustment plats in order to eliminate the discrepancy. (Director of Public Works)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
WAIVING GRADING DEVIATION POLICY NO. 460-02, AND
AUTHORIZING THE INITIATION OF PROCEEDINGS FOR THE
TRANSFER OF CITY OPEN SPACE PROPERTY TO CERTAIN RESIDENTS
WITHIN THE BONITA RIDGE ESTATES OPEN SPACE DISTRICT NO.4
20. CONSIDERATION OF ADOPTION OF THE CARBON DIOXIDE REDUCTION
PLAN
The C02 Reduction Plan was developed as a tool to reduce the effects of carbon dioxide
on the environment. The plan consists of 20 action measures of which 11 have been
successfully implemented since 1997. The remaining measures have been reviewed by
staff for future implementation. (Director of Planning and Building)
Staff recommendation: Council adopt the following resolution:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA
ADOPTING THE CARBON DIOXIDE REDUCTION PLAN
ITEMS PULLED FROM THE CONSENT CALENDAR
Page 9 - Council Agenda
11114/2000
OTHER BUSINESS
21. CITY MANAGER'S REPORTS
A. Scheduling of meetings.
22. MAYOR'S REPORTS
23. COUNCIL COMMENTS
CLOSED SESSION
24. CONFERENCE WITH LEGAL COUNSEL REGARDING INITIATION OF
LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(C)
. One Case
ADJOURNMENT to the Regular Meeting of December 5, 2000, at 4:00 p.m. in the Council
Chambers.
Page 10 - Council Agenda 11/14/2000
11-11-2000 06:06PM FROM-S\'Ii:ETWATER GRANTS AND ~LliICATI(flS
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(f)" SWEETWATER UNION H1GH SCHOOL DISTRICI"
. . ,Grants and Communications Departmnzt
61!l-6!l1-SS78 FAX 619...a22-6957
MEMORANDUM
Date: November 13,2000
To: Patty Wesp
Council M6Illbers
City ofChula Vista
From: Jan Godfrey
Grants and Communications Director
Re: Culture of Lawfulness Student Assembly
We would like to invite you to attend a student assembly with our special guest, Rand Beers, Assistant
Secretary of State for the Bureau ofIntemational Narcotics and Law Enforcement. Assistan, SlllCretary Beers
will be meeting with high-school stl1dents in Tijuana and at Castle Park High who are participating in a Culture
of Lawfulness crime prevention program. Beers will give a shon speech during the assembly. The press has
been invited to cover the event.
Ji.
Time:
November 15, 2000
10: IS or 10:30 (for 45 min. to 1 hr.)
Date:
Place: Castle Park High School
Cafeteria
13 95 Hilltop Drive
Chula Vista
Special guests from the U.S. and Mexico are:
.
Rand Beers, Assistant Secretary of State for the B=au of Intemational National Narcotics and law
Enforc=ent (INL)
Richard Gonzalez, Consul General, U.S. Consulate, Tijuana
Elizabeth McKay, Representative of the U.s. Embassy in Mexico City
Pete Gonzalez, Representative of the U.S. Embassy in Mexico City
John Gise, Program Officer U.S. Department of State
Lorenzo Gomez Morin. Education Secretary ofBajll California
Carlos Franco, Resional Delegate to the Secretariat of Education (SEP) in Baja Califomia
Oscar Romero, Aide to L01'C1120 Gomez Morin
Jesus Obregon, Chief of Public Relation for SEP in Tijuana
Jose Luis Noriega, Regional Delegate to the Secretariat of Foreign Relations in Tijull:l1a
.
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MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
OCTOBER 24, 2000
6:00 P.M.
A Regular Meeting of the City Council of the City of Chula Vista was called to order at 6:00
p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth Avenue,
Chula Vista, California.
ROLL CALL
PRESENT: Councilmembers Davis, Moot, Padilla, Salas, and Mayor Horton
ABSENT: Councilmembers: None
ALSO PRESENT: City Manager Rowlands, Senior Assistant City Attorney Moore,
City Clerk Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION BY DEPUTY CITY MANAGER POWELL OF NATIONAL
AWARD BY THE NATIONAL PURCHASING INSTITUTE, THE NATIONAL
ASSOCIATION OF PURCHASING MANAGEMENT AND THE CALIFORNIA
ASSOCIATION OF PUBLIC PURCHASING OFFICERS FOR EXCELLENCE IN
PUBLIC PROCUREMENT AND RECOGNITION OF PURCHASING AGENT
COGGINS AND STAFF OF THE PURCHASING DIVISION OF THE FINANCE
DEPARTMENT
Deputy City Manager Powell presented the award to Council, stating that Chula Vista was one of
only five cities nationwide to receive the award. He then introduced the Purchasing Division
Staff, John Coggins, Meldy Odviar, Suzanne Brooks, Lupe Lucero, and Jason Harris.
Purchasing Agent Coggins thanked Council and Deputy City Manager Powell for their support.
. PRESENTATION OF A PROCLAMATION COMMENDING CHARLOTTE
McCONNEY FOR HER DEDICATION AND SERVICE TO SENIOR CITIZENS
Mayor Horton read the proclamation, and Deputy Mayor Moot presented it to Ms. McConney.
CONSENT CALENDAR
(Items I through 19)
Mayor Horton noted that Item #8 would be removed from the Consent Calendar for separate
consideration.
1. APPROVAL OF MINUTES OF OCTOBER 10 AND OCTOBER 12, 2000
Staffrecommendation: Council approve the minutes.
I
DRAFT
CONSENT CALENDAR (Continued)
2. ORDINANCE NO. 2827, ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING TITLE 2 OF THE CHULA VISTA MUNICIPAL CODE
TO ADD CHAPTER 2.57, DESIGN-BUILD CONTRACTS, TO ESTABLISH THE
PROCEDURE FOR THE SELECTION AND AWARD OF DESIGN-BUILD
CONTRACTS
In March 2000, the voters approved Proposition B, amending City Charter section 1009,
Public Works Contracts, to allow the City to award contracts pursuant to the Design-
Build project delivery system. Proposition B required the City to approve an
implementing ordinance establishing the bidding and award procedures for this new
process. (City Manager/Director of Public Works)
Staff recommendation: Council place the ordinance on second reading for adoption.
3. RESOLUTION NO. 2000-369, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH CLAUDIO
ESTRADA FOR THE PAYMENT OF SEWER CONNECTION FEES AT 285
SHIRLEY STREET AND AUTHORIZING THE CITY ENGINEER TO APPROVE
SAID AGREEMENT AND FUTURE SEWER CONNECTION PAYMENT
AGREEMENTS FOR REMAINING RESIDENTS ON SHIRLEY STREET
The purpose of the agreement is to allow Claudio Estrada, owner of the property at 285
Shirley Street, to connect his residence to the public sewer main in Shirley Street and pay
the sewer connection fees of $6,290 over a ten-year period at six percent interest.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
4 A. RESOLUTION NO. 2000-370, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT
NO. 96-04A, OTAY RANCH VILLAGE ONE, PHASE SEVEN, NEIGHBORHOODS
R-18 & R-48, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA
GENERAL UTILITY AND ACCESS EASEMENTS GRANTED ON SAID MAPS
WITHIN SAID SUBDIVISIONS, APPROVING THE SUBDIVISION
IMPROVEMENT AGREEMENTS FOR THE COMPLETION OF IMPROVEMENTS
REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENTS
B. RESOLUTION NO. 2000-371, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR OTAY RANCH VILLAGE
ONE, NEIGHBORHOODS R-18 AND R-48, CHULA VISTA TRACT NO. 96-04A,
REQUIRING DEVELOPER TO COMPLY WITH CERTAIN UNFULFILLED
CONDITIONS OF RESOLUTION NO. 19448, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
Page 2 Council Minutes
10/24/2000
DRAFT
CONSENT CALENDAR (Continued)
On May 4, 1999, by Resolution No. 19448, Council approved a Tentative Subdivision
Map for Chula Vista Tract 96-04A, Otay Ranch SPA One, Phase 7. On May 9, 2000, by
Resolution No. 2000-208, Council approved the Village One "A" Map No.2. Adoption
of the resolutions approves the first Final "B" Map within Village One, Phase 7.
(Director of Public Works)
Staff recommendation: Council adopt the resolutions.
5 A. RESOLUTION NO. 2000-372, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING FINAL MAPS OF CHULA VISTA TRACT
NO. 98-06, OTAY RANCH VILLAGE ONE WEST, NEIGHBORHOODS R-51A, R-
5IB, R-52 AND R-53, ACCEPTING ON BEHALF OF THE CITY OF CHULA VISTA
GENERAL UTILITY AND ACCESS EASEMENTS AND WALL EASEMENTS
GRANTED ON SAID MAPS WITHIN SAID SUBDIVISIONS, APPROVING THE
SUBDIVISION IMPROVEMENTS AGREEMENTS FOR THE COMPLETION OF
IMPROVEMENTS REQUIRED BY SAID SUBDIVISIONS, AND AUTHORIZING
THE MAYOR TO EXECUTE SAID AGREEMENTS
B. RESOLUTION NO. 2000-373, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE "B" MAP SUPPLEMENTAL
SUBDIVISION IMPROVEMENT AGREEMENT FOR CHULA VISTA TRACT NO.
98-06, NEIGHBORHOODS R-51A, R-51B, R-52 AND R-53, PORTION OF VILLAGE
ONE WEST, OTAY RANCH SPA ONE, REQUIRING DEVELOPER TO COMPLY
WITH CERTAIN UNFULFILLED CONDITIONS OF RESOLUTION NO. 19572, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
On August 17, 1999, Council approved a Tentative Subdivision Map for Chu1a Vista
Tract 98-06, Otay Ranch SPA One, Village One West. On August 22, 2000, Council
approved Village One West "A" Map No. 1. Adoption of the resolutions approves four
final "B" Maps within Village One West. (Director of Public Works)
Staffrecommendation: Council adopt the resolutions.
6A. RESOLUTION NO. 2000-374, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A REIMBURSEMENT AGREEMENT WITH
THE OTAY RANCH COMPANY ASSOCIATED WITH THE SECOND BOND SALE
OF COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH VILLAGES 1
AND 5), AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT AND
DIRECTING STAFF TO INITIATE THE PROCEEDINGS FOR THE SECOND BOND
SERIES
B. RESOLUTION NO. 2000-375, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE AMENDED CONTRACT FOR
APPRAISAL SERVICES WITH BRUCE HULL, AND AUTHORIZING THE MAYOR
TO EXECUTE SAID AGREEMENT
Page 3 Council Minutes
10/24/2000
DRAFT
CONSENT CALENDAR (Continued)
Adoption of the resolutions approves a reimbursement agreement with the developer for
the second bond sale for Community Facilities District 99-1. The reimbursement
agreement requires the developer to advance funds to the City for the payment of all
initial consulting and administration costs and expenses related to the second bond sale.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
7. RESOLUTION NO. 2000-376, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A JOINT USE AGREEMENT BETWEEN
SAN DIEGO GAS & ELECTRIC, A CORPORATION, AND THE CITY OF CHULA
VISTA, A MUNICIPAL CORPORATION, AND AUTHORIZING THE CITY
MANAGER TO APPROVE THE AGREEMENT
The City acquired right-of-way easements on portions of Otay Valley Road in connection
with the Robinhood Ridge Subdivision. SDG&E has requested that the City enter into a
joint use agreement upon, over, under and across that certain easement and right-of-way
granted to SDG&E. SDG&E has requested a joint use agreement for the area common to
both the SDG&E easement and right-of-way and the City's dedicated street right-of-way.
(Director of Public Works)
Staff recommendation: Council adopt the resolution.
9. RESOLUTION NO. 2000-378, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING CITY'S INTENTION TO UNDERGROUND
OVERHEAD UTILITIES ALONG BONITA ROAD FROM THE EASTERN CITY
LIMITS TO OTAY LAKES ROAD, AND ON OTAY LAKES ROAD FROM BONITA
ROAD TO CAMINO DEL CERRO GRANDE/SURREY DRIVE, AND SETTING A
PUBLIC HEARING FOR THE FORMATION OF UTILITY UNDERGROUND
DISTRICT NUMBER 132 FOR DECEMBER 5, 2000 AT 4:00 P.M.
Public hearings were conducted before the Council on September 1 and 15, 1998, and
during the second hearing, Council approved Ordinance No. 2746, adopting the new
franchise agreement with SDG&E. Part of the agreement involves the allocation of the
California Public Utilities Commission Rule 20A Funds for constructing utility
underground conversion projects. The next round of utility underground conversion
projects, Otay Lakes Road from Bonita Road to Camino del Cerro Grande/Surrey Drive,
as approved in the new franchise agreement, is scheduled for the year 2001. The section
of Bonita Road from the eastern City limits to Otay Lakes Road is being added at the
suggestion of SDG&E. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
Page 4 Council Minutes
10/24/2000
DRAFT
CONSENT CALENDAR (Continued)
10. RESOLUTION NO. 2000-379, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE CAPITAL IMPROVEMENT PROGRAM
BUDGET BY APPROPRIATING $65,000 FROM AVAILABLE CDBG FUNDS AND
TRANSFERRING $177,957 FROM PAD FUNDS PREVIOUSLY APPROPRIATED
FOR CIP PROJECTS PR213, PR224, PR226, AND PR227 FOR THE RENOVATION
OF THE P ARKW A Y POOL (4/5THS VOTE REQUIRED)
As part of the Parkway pool renovation capital improvement project, Council approved
funds for the renovation of Parkway pool. The plans have been finalized and have
exceeded the original budget by $242,957. In order to bring the swimming pool up to
standards, the decking and underwater lighting need to be replaced. The approved capital
improvement project (PR 223), for a total of $392,021, has been committed to the project
from the following sources: $217,431 in CDBG funds; $7,500 in PAD funds, and
$151,690 from a state grant. A current estimate of $634,978 has been received
identirying an additional $242,957 that is needed to complete the project. A window of
opportunity exists for completion of the project between December 1, 2000 and March 1,
2001, when the pool is closed. (Director of Parks & Recreation)
Staff recommendation: Council adopt the resolution.
11. RESOLUTION NO. 2000-380, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
PHASE ONE OF THE DRAINAGE IMPROVEMENTS PROJECT (DR-l27) ON
TOBIAS DRIVE, BETWEEN ORLANDO COURT AND GENTRY WAY, TO
PULLMAN ENGINEERING, INC., IN THE AMOUNT OF $229,426.93.
At 2:00 p.m. on Wednesday, September 20,2000, the Director of Public Works received
sealed bids for the Tobias Drive drainage improvements project. The project provides for
the construction of new drainage system improvements at Tobias Drive between Orlando
Court and Gentry Way. The work also includes all labor, material, equipment,
transportation, protection of existing improvements and traffic control necessary for the
project. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
12. RESOLUTION NO. 2000-381, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE FIRST AMENDMENT TO THE
AGREEMENT WITH FRANK CHABOUDY FOR PROVISION OF PROFESSIONAL
TENNIS SERVICES AND FOR OPERATION OF THE CHULA VISTA TENNIS
CENTER TO MODIFY THE RESPONSIBILITY FOR CERTAIN COSTS AND
APPROPRIATING FUNDS FROM UNANTICIPATED REVENUES AND
AVAILABLE FUND BALANCE IN THE GENERAL FUND TO COVER ALL
ELECTRICAL CHARGES FOR THE TENNIS CENTER FOR THE REMAINDER OF
THE AGREEMENT (4/5THS VOTE REQUIRED)
Page 5 Council Minutes
10/24/2000
DRAFT
CONSENT CALENDAR (Continued)
The proposed resolution amends the existing agreement with the Chula Vista Tennis
Center to include reimbursement for increased electricity costs from June I through
September 30, 2000, and payment of all electricity charges from October 1, 2000 to the
end of the agreement. In addition, as of October 1, 2000, all fees collected from coin-
operated light meters at the complex will be the exclusive property of the City. It is
anticipated that the total cost to the City will be approximately $600. (Director of Parks
& Recreation)
Staffrecommendation: Council adopt the resolution.
13. RESOLUTION NO. 2000-382, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING AND APPROPRIATING UNANTICIPATED
GRANT REVENUES IN THE AMOUNT OF $10,000 FROM THE CITY OF
NATIONAL CITY FOR THE PURPOSE OF REIMBURSING OVERTIME COSTS
ASSOCIATED WITH THE OFFICE OF TRAFFIC SAFETY HIGH INTENSITY
PREVENTION ZONE GRANT (4/5THS VOTE REQUIRED)
The City of National City, in partnership with other South Bay law enforcement agencies,
recently received a High Intensity Prevention Zone grant from the Office of Traffic
Safety. The grant allows for reimbursement of overtime costs related to enforcement
activity and school presentations made by partner agencies. Chula Vista has been
designated as a partner agency eligible for reimbursement of overtime costs. (Chief of
Police)
Staff recommendation: Council adopt the resolution.
14. RESOLUTION NO. 2000-383, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE FISCAL YEAR 2000/2001 BUDGET TO
ADD 1.5 POSITIONS TO THE POLICE DEPARTMENT AND 1 POSITION TO THE
PLANNING AND BUILDING DEPARTMENT AND APPROPRIATING FULL
FUNDING THEREFOR IN THE AMOUNT OF $232,713 FROM UNANTICIPATED
REVENUES FROM THE ABANDONED VEHICLE ABATEMENT PROGRAM, ALL
CONTINGENT ON PROGRAM APPROVAL BY THE ABANDONED VEHICLE
ABATEMENT SERVICE AUTHORITY (4/5THS VOTE REQUIRED)
At its September meeting, the Board members of the Abandoned Vehicle Abatement
Service Authority (A VASA) considered a request to redistribute reserve balances among
agencies that have deficits in their A V A programs. The decision was postponed to the
November meeting to allow the Board time to review all proposals. Based on the
A VASA's allocation formula, Chula Vista has accumulated a reserve balance. In
response, staff has developed a proposal to expand the Chula Vista abandoned vehicle
abatement program to expend reserve funds and increase abandoned vehicle abatements.
The program is proposed to be an 18-month pilot program. (Chief of Police)
Staff recommendation: Council adopt the resolution.
Page 6 Council Minutes
10/24/2000
DRAFT
CONSENT CALENDAR (Continued)
15. RESOLUTION NO. 2000-384, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING THE CHULA VISTA EMPLOYEES
ASSOCIATION MEMORANDUM OF UNDERSTANDING, ARTICLE 2.06 TO
ESTABLISH A TWO-HOUR OVERTIME MINIMUM FOR CALLBACK AND
ESTABLISH BEGINNING AND ENDING POINTS FOR THE CALCULATION OF
OVERTIME; AND AMENDING ARTICLE 2.09 TO INCREASE THE STANDBY
DIFFERENTIAL TO $200 PER FULL WEEK OF STANDBY
It has come to light that there has been some confusion and resulting inconsistent practice
with respect to overtime for Chula Vista Employees Association (CVEA) represented
employees. The recommended modifications to the CVEA memorandum of
understanding should clarify and formalize the correct interpretation of that section.
(Director of Human Resources)
Staffrecommendation: Council adopt the resolution.
16. RESOLUTION NO. 2000-385, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $20,385 FROM THE AVAILABLE
FUND BALANCE IN THE PUBLIC FACILITIES DEVELOPMENT IMPACT FEE
FUND, $16,075 IN OVER-REALIZED INTEREST REVENUE FROM THE
FINANCING ESCROW ACCOUNT AND $38,540 FROM THE AVAILABLE FUND
BALANCE IN THE GENERAL FUND FOR THE LIBRARY AUTOMATION
SYSTEM CAPITAL IMPROVEMENT PROGRAM PROJECT (4/5THS VOTE
REQUIRED)
As part of the Fiscal Year 1998/1999 Capital Improvement Program budget adoption, the
Council approved the initial funding for the Library's automation system to replace the
old, labor-intensive, computerized catalog and circulation system with a client-server-
based, fully integrated, online library system (IOLS). On December 7, 1999, Council
approved an agreement with Innovative Interfaces to provide the IOLS and also
authorized the Finance Director to execute a lease-purchase agreement with CaLease for
$777,148 due to increases in the cost of the project. An additional $75,000 is needed to
complete the project. The new system is targeted to come online on October 31,2000.
(Deputy City Manager Palmer)
Staff recommendation: Council adopt the resolution.
17. RESOLUTION NO. 2000-386, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE BIDS AND
AWARDING CONTRACTS AS DESIGNATED FOR AWARD ON EXHIBIT "A",
FOR THE RENOVATION AND EXPANSION WORK ASSOCIATED WITH THE
FUTURE PUBLIC WORKS OPERATIONS FACILITY AND CORPORATION YARD,
AUTHORIZING THE EXPENDITURE OF FUNDS, AND AUTHORIZING THE CITY
MANAGER TO EXECUTE SAID CONTRACTS
Page 7 Council Minutes
10/24/2000
DRAFT
CONSENT CALENDAR (Continued)
On September 26, 2000, Council passed Resolutions 2000-333 and 2000-334, approving
the rejection, re-bid and award associated with the first set of bids for the Corporation
Yard project. On October 10, 2000, Council passed Resolutions 2000-353 and 2000-354,
approving the rejection, re-bid and award associated with the second set of bids for the
Corporation Yard project. On October 17, 2000, Council passed Resolutions 2000-364
and 2000-365, approving the rejection, re-bid and award associated with the third set of
bids for the Corporation Yard project. Approval of the resolution accepts the lowest
responsive bids and award all the contracts as designated for award on Exhibit "A",
covering some of the trade work associated with the construction of the Corporation Yard
project. It is Staffs intent to come back before Council in November with a resolution
accepting and awarding all remaining bids. The total contract value approved to date is
$16,777,689. (Director of Public Works)
Staffrecommendation: Council adopt the resolution.
18. RESOLUTION NO. 2000-387, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING CERTAIN RECLASSIFICATIONS IN THE
PLANNING AND BUILDING DEPARTMENT, APPROPRIATING $19,400 FROM
THE REMAINING FUND BALANCE OF THE GENERAL FUND, APPROPRIATING
$4,800 FROM UNANTICIPATED DEVELOPMENT RELATED REVENUES AND
AMENDING THE FISCAL YEAR 200012001 BUDGET OF THE PLANNING AND
BUILDING DEPARTMENT TO REFLECT SAID CHANGES (4/5THS VOTE
REQUIRED)
The Planning and Building Department updated its work program and outlined a
proposed organizational restructure to administer the work program, based on the
proposed position reclassifications. (Director of Planning and Building)
Staffrecommendation: Council adopt the resolution.
19. RESOLUTION NO. 2000-388, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING A THREE-PARTY AGREEMENT
BETWEEN THE CITY OF CHULA VISTA; RECON, CONSULTANT; AND NNP-
TRIMARK SAN MIGUEL, LLC, APPLICANT, FOR BIOLOGICAL MITIGATION
MONITORING SERVICES TO BE RENDERED FOR SAN MIGUEL RANCH AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
In compliance with state law, a Mitigation Monitoring and Reporting Program was
adopted by the Council for the San Miguel Ranch Sectional Planning Area (SPA) Plan
and Tentative Maps. State law requires public agencies to adopt such programs to ensure
effective implementation of mitigation measures. Adoption of the resolution approves
the proposed contract with RECON for $30,000 annually to provide consulting services
as the Environmental Monitor Specialist (Biologist) for San Miguel Ranch SPA Plan and
Tentative Maps. (Director of Planning and Building)
Staff recommendation: Council adopt the resolution.
Page 8 Council Minutes
10/24/2000
CONSENT CALENDAR (Continued)
DRAFT
With regard to Item #10, Councilmember Salas stated that the Parkway pool project was
approved in 1998 and asked whether the delay in completion of the project added to the costs,
and if so, what could be done to assure timely construction in the future. Assistant Recreation
Director Shy responded that the delay was associated with saw cutting of the existing pool deck,
and she believed that cost savings would occur as a result of combining the projects.
With regard to Item #14, Councilmember Salas expressed surprise at the number of abandoned
vehicles picked up on city streets and asked how the vehicles were being recycled. Staff
responded that towing companies dispose of the vehicles after an attempt is made to notify the
owners. The vehicles are then sold in whole or as steel.
In reference to Item #12, Councilmember Davis commented that the electricity rate issue remains
unresolved, and the City must push for continued rate rollbacks.
ACTION:
Mayor Horton moved to approve staff recommendations and offered Consent
Calendar Items #1 through #7 and #9 through #19. The motion carried 5-0,
except on Item #9, which carried 4-0-1 with Mayor Horton abstaining due to a
possible conflict of interest.
8. RESOLUTION NO. 2000-377, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING AN AGREEMENT WITH THE STATE OF
CALIFORNIA, DEPARTMENT OF TRANSPORTATION, REGARDING STATE
ROUTE 125, AND AUTHORIZING THE MAYOR TO EXECUTE SAID
AGREEMENT .
The State of California, Department of Transportation (Caltrans) and California
Transportation Ventures (CTV) have entered into a development franchise agreement
authorizing CTV to construct that portion of State Route 125 (SR-125) within the City of
Chu1a Vista. Before any construction activities can take place, the City and Caltrans
must enter into an agreement that authorizes work on various City streets that may be
affected by the construction ofSR-125. (Director of Public Works)
George Kost, 3609 Belle Bonnie Brae Road, Bonita, stated that although he was not opposed to
the project, he questioned the impact ofSR-125 construction on Bonita roadways.
ACTION:
Mayor Horton offered Resolution No. 2000-377, heading read, text waived. The
motion carried 5-0.
ORAL COMMUNICATIONS
Karen Janney, representing Chula Vista Middle School, requested Council and public support for
Proposition BB. Ms. Janney also informed Council that the school's students have greatly
exceeded academic expectations, and the school is among the top three in California for gains in
academic testing.
Sally Bartlett, 1057 Sage View, representing the Committee to Save Friendship Park and the
Friends of the Library, thanked the Council for not constructing the new police facility in
Friendship Park and asked that the park be forever protected from development.
Page 9 Council Minutes
10/24/2000
DRAFT
PUBLIC HEARINGS
20. CONSIDERATION OF APPROVAL OF CONDITIONAL USE PERMIT PCC-00-57, A
PROPOSAL TO ALLOW THE CONVERSION OF A RESIDENTIAL DWELLING
LOCATED AT 247 FOURTH AVENUE TO A RESIDENTIAL CARE FACILITY FOR
FIVE AMBULATORY SENIORS
The property owner proposes to convert a duplex (two two-bedroom units) into a five-
bedroom ambulatory residential care facility for seniors. In addition to the five seniors, a
facility manager would also live on-site under the direction of the property owner, who is
a licensed clinical social worker. (Director of Planning and Building)
Notice of the hearing was given in accordance with legal requirements, and the hearing was held
on the date and at the time specified in the notice.
Associate Planner Blessent provided an overview of the proposed project.
Mayor Horton requested clarification by the applicant regarding ADA improvements and
requirements.
The applicant, Glen Cummings, 1270 Grand Avenue, Pacific Beach, stated that the facility was
in compliance with ADA requirements and surpassed state requirements for ambulatory seniors.
He added that the facility was also inspected and approved by the City's Fire Marshal.
Mayor Horton opened the public hearing and asked if anyone from the audience wished to speak.
There was no response, and she closed the hearing.
ACTION:
Mayor Horton offered Resolution No. 2000-389, heading read, text waived:
RESOLUTION NO. 2000-389, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA GRANTING A CONDITIONAL USE PERMIT,
PCC 00-57, TO ALLOW CONVERSION OF A RESIDENTIAL DWELLING
TO A RESIDENTIAL CARE FACILITY (FRIENDSHIP BOARD AND CARE)
AT 247 FOURTH AVENUE
The motion carried 5-0.
ACTION ITEMS
21. PRESENTATION OF THE SAN DIEGO ASSOCIATION OF GOVERNMENTS
REPORTING RESULTS OF THE 2000 CHULA VISTA POLICE DEPARTMENT
RESIDENT OPINION SURVEY
The San Diego Association of Governments (SANDAG) assisted the Chula Vista Police
Department in designing and administrating a survey to a random sample of 3,000
residents in June of this year. The survey was administered to measure how residents
perceive crime and their level of safety, as well as how familiar they were with a variety
of police services. A similar survey was conducted in 1997. Results from both surveys
show that the majority of Chula Vista residents are satisfied with the Police Department
and feel safe. (Chief of Police)
Page 10 Council Minutes
10/24/2000
DRAFT
ACTION ITEMS (Continued)
Police Chief Emerson introduced Susan Pennell from the Division of Criminal Research for
SANDAG, who presented the results of the resident opinion study regarding the Police
Department.
Councilmember Salas asked whether the survey mailed to residents was in both English and
Spanish. Ms. Pennell responded that the surveys were in English, however its cover letter was in
Spanish and indicated that a Spanish form could be mailed upon request. Councilmember Salas
recommended that future surveys be in Spanish to perhaps gain a higher return. She also asked
why the public perceived crime to be on the increase when, in fact, it has decreased. Ms. Pennell
replied that victims of crime, or loved ones of victims, would feel that way in any event, and the
media plays a big role in publicizing crime in the community.
Deputy Mayor Moot commented that the survey reflected a very positive response by police,
regardless of ethnicity.
Mayor Horton expressed concern regarding speeding vehicles and asked what outreach programs
were being provided for high school students. Police Chief Emerson responded by listing some
of the programs that have been implemented, such as an increased number of School Resource
Officers, who provide workshops for students; the purchase of three "SMART" speed units,
providing the public with speed awareness; Dill enforcement; and seatbelt checks.
ACTION:
Councilmember Padilla moved to accept the results of the survey as information
only. The motion was seconded by Councilmember Davis and carried 5-0.
22. RESOLUTION NO. 2000-390, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING THE ENVIRONMENTAL INITIAL
STUDYIMITIGATED NEGATIVE DECLARATION AND MITIGATION
MONITORING AND REPORTING PROGRAM ISSUED FOR THE OLYMPIC
PARKWAY WIDENING PROJECT FROM BRANDYWINE AVENUE TO
OLEANDER AVENUE (IS-00-42)
Council was asked to consider and adopt the Environmental Initial StudyIMitigated
Negative Declaration and Mitigation Monitoring and Reporting Program for the Olympic
Parkway widening project under the California Environmental Quality Act (CEQA). The
analysis presented in the Mitigated Negative Declaration and Initial Study indicates that
potentially significant project-related impacts to geophysical resources, water resources,
hazards, noise, and paleontological resources would be reduced to a less-than-significant
level after mitigation. (Director of Planning and Building)
Environmental Review Coordinator Ponseggi provided an overview of the proposed project.
Harry Burrowes, the City's Contract Manager for Olympic Parkway, apprised Council of
discussions and meetings held with residents of Brandywine Classics over the course of the
project design in order to identifY and incorporate their suggestions into the project and to
address their concerns.
Page II Council Minutes
10/24/2000
DRAFi
ACTION ITEMS (Continued)
George Gerber, 575-D Portsmouth Drive, a condominium owner on East Orange Avenue, read
his letter dated October 24, 2000, expressing his concerns regarding the impact of the project on
the quality of life of residents of the area.
Bill Yohe, 532-A Georgetown Place, representing Brandywine Classics, expressed concern with
increased traffic and the removal of the guest parking. He also stated that the quality of life for
the children would be affected with the elimination of bike trails and play areas.
Sean O'Neil, 532-A Georgetown Place, was concerned with noise and air pollution as a result of
the proposed project. He stated that the biking trails would be cleared out for construction, and
the proposed wall will attract graffiti and enclose the complex.
Marisa O'Neil, 532-A Georgetown Place, a Brandywine Classics homeowner and board
member, stated that the environmental studies were not performed during peak traffic hours. She
also believed that the residents were being treated as non-important and added that protected bird
species nesting in the complex were not addressed in the studies. She urged Council to oppose
the project and to investigate its potential impacts to the Brandywine residents.
Renaldo Vargas, 1520 Concord, spoke against the proposed wall for Brandywine Classics
residents and asked Council to visit the residents to hear their concerns before making any
decisions.
Mike Komula, representing Pacific Noise Control, stated that the noise study was conducted over
a 24-hour period and was based on standard professional practices. The noise level would be
about 65 decibels.
Mayor Horton explained that while she understood the concerns of the residents, the roadway is
critical to the city's circulation system. She emphasized the need for staff to continue dialoguing
with the community residents to mitigate as many concerns as possible, and she requested that a
meeting be scheduled immediately so that she could participate in the dialog.
ACTION:
Mayor Horton offered Resolution No. 2000-390, heading read, text waived. The
motion carried 5-0.
23. RESOLUTION NO. 2000-391, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA AMENDING RESOLUTION 2000-275 REGARDING THE
APPROPRIATION OF FUNDS FOR THE PREPARATION OF A MASTER PLAN
FOR THE NEW POLICE FACILITY AND CIVIC CENTER EXPANSION TO
REDUCE THE APPROPRIATION FROM THE CIVIC CENTER EXPANSION
CAPITAL IMPROVEMENT PROGRAM (CIP) AND APPROVING AN
APPROPRIATION FROM THE POLICE DEVELOPMENT IMPACT FEE (DIF)
FUND (4/5THS VOTE REQUIRED)
Page 12 Council Minutes
10/24/2000
DRAFT
ACTION ITEMS (Continued)
On August 1, 2000, Council passed Resolution 2000-275 approving an agreement with
Highland Partnership, Inc. for the provision of consultant services for the programming
and preparation of a Master Plan for the new Police Department building and expansion
of the Civic Center complex. The funds covering the cost of the agreement were fully
appropriated out of the Civic Center Expansion CIP (Project No. GG 139). The proposed
resolution corrects the August 1, 2000 appropriation to allow for the expenditure of
Police DIF funds for the Police-related portion of the project, which is $444,000. The
Civic Center Complex-related expenditures are estimated to be $159,000. (Director of
Public Works)
ACTION:
Councilmember Padilla offered Resolution No. 2000-391, heading read, text
waived. The motion carried 5-0.
OTHER BUSINESS
24. CITY MANAGER'S REPORTS
City Manager Rowlands announced that the meeting scheduled for November 21, 2000, was
cancelled.
25. MAYOR'S REPORTS
There were none.
26. COUNCIL COMMENTS
There were none.
CLOSED SESSION
Mayor Horton announced that Closed Session was cancelled, and the following item was not
discussed:
27. CONFERENCE WITH LEGAL COUNSEL REGARDING SIGNIFICANT EXPOSURE
TO LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(B)
One Case
ADJOURNMENT:
At 7:55 p.m., Mayor Horton adjourned the meeting to the Regular Meeting of November 7,
2000, at 4:00 p.m. in the Council Chambers.
Respectfully submitted,
.......Ltl tu....~pJ Cl.
Susan Bigelow, CMC, AA W, City Clerk
Page 13 Council Minutes
10/24/2000
DRAFT
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL
OF THE CITY OF CHULA VISTA
NOVEMBER 7, 2000
4:00 P.M.
Deputy Mayor Moot called to order a Regular Meeting of the City Council of the City ofChula
Vista at 4:10 p.m. in the Council Chambers, located in the Public Services Building, 276 Fourth
Avenue, Chula Vista, California.
ROLL CALL:
PRESENT: Councilmembers Davis, Moot, Padilla, and Salas.
ABSENT: Mayor Horton
ALSO PRESENT: City Manager Rowlands, City Attorney Kaheny, and City Clerk
Bigelow
PLEDGE OF ALLEGIANCE TO THE FLAG, MOMENT OF SILENCE
SPECIAL ORDERS OF THE DAY
. PRESENTATION OF A PROCLAMATION PROCLAIMING NOVEMBER 8, 2000 AS
WORLD TOWN PLANNING DAY IN THE CITY OF CHULA VISTA
ACTION:
Deputy Mayor Moot moved to add the above item to the agenda, since it came to
the attention of the City after the posting of the agenda. Councilmember Davis
seconded the motion, and it carried 4-0.
Deputy Mayor Moot read the proclamation, and Councilmember Padilla presented it to Assistant
Director of Planning and Building Sandoval.
. PRESENTATION OF A PROCLAMATION TO THE EMPLOYEE OF THE MONTH,
PATRICIA WAGNER, BOOKSTORE MANAGER, CHULA VISTA NATURE
CENTER
Nature Center Director Beintema introduced Ms. Wagner. Deputy Mayor Moot read the
proclamation, and Councilmember Padilla presented it to Ms. Wagner.
CONSENT CALENDAR
(Items 1 through 6)
I. APPROVAL OF MINUTES OF OCTOBER 23, 2000
Staff recommendation: Council approve the minutes.
DRAFT
CONSENT CALENDAR (Continued)
2 A. RESOLUTION NO. 2000-392, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING
PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-1
(OPEN SPACE MAINTENANCE DISTRICT lOT A Y RANCH - SPA ONE,
VILLAGES ONE AND FIVE])
B. RESOLUTION NO. 2000-393, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE
ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-
I (OPEN SPACE MAINTENANCE DISTRICT [OTAY RANCH - SPA ONE,
VILLAGES ONE AND FIVE]), IMPROVEMENT AREA "A"
C. RESOLUTION NO. 2000-394, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING
PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 97-2
(pRESERVE MAINTENANCE DISTRICT)
D. RESOLUTION NO. 2000-395, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE
ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 97-
2 (PRESERVE MAINTENANCE DISTRICT)
The Otay Ranch Company submitted a letter dated September 5, 2000 requesting the City
to conduct annexation proceedings for an area commonly known as Parcel 35A (17.06
acres) into Community Facilities District No. 97-1 (CFD No. 97-1), Community
Facilities District No. 97-2 (CFD No. 97-2) and Community Facilities District No. 99-1
(CFD No. 99-1). Adoption of the resolutions initiates proceedings to annex Parcel 35A
into CFD No. 97-1 and CFD No. 97-2. (Director of Public Works)
Staff recommendation: Council adopt the resolutions.
3 A. RESOLUTION NO. 2000-396, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE
ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 98-
I (INTERIM OPEN SPACE DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE,
VILLAGES ONE WEST AND TWO])
B. RESOLUTION NO. 2000-397, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING
PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 98-1
(INTERIM OPEN SPACE DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE,
VILLAGES ONE WEST AND TWO])
C. RESOLUTION NO. 2000-398, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA DECLARING ITS INTENTION TO AUTHORIZE THE
ANNEXATION OF TERRITORY TO COMMUNITY FACILITIES DISTRICT NO. 98-
2 (INTERIM OPEN SPACE DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE,
VILLAGES SIX AND SEVEN])
Page 2 - Council Minutes
11 /07/2000
DRAFT
CONSENT CALENDAR (Continued)
D. RESOLUTION NO. 2000-399, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ADOPTING AN ANNEXATION MAP SHOWING
PROPERTY TO BE ANNEXED TO COMMUNITY FACILITIES DISTRICT NO. 98-2
(INTERIM OPEN SPACE DISTRICT [OTAY PROJECT, LLC-OVP-SPA ONE,
VILLAGES SIX AND SEVEN])
McMillin and the Otay Ranch Companies are currently processing a lot line adjustment
parcel map in order to clearly define their ownership within Villages Two and Six of
Otay Ranch. Both developers have also requested that the City initiate proceedings for
adjusting the boundaries of the existing Community Facilities Districts 98-1 and 98-2 to
be consistent with the land swap. The City has retained the services of Best Best and
Krieger, LLP as legal counsel to provide assistance during the proceedings. The legal
counsel has recommended the following procedure for accomplishing those changes: 1)
Annexing the land swapped parcels to the respective districts, and 2) recording the
corresponding notices of special tax lien cancellation. Adoption of the resolutions
initiates the annexation proceedings by declaring the intention to annex the land swapped
parcels to the respective CFD's and setting the public hearing for December 19, 2000.
(Director of Public Works)
Staffrecommendation: Council adopt the resolutions.
4 A. RESOLUTION NO. 2000-400, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CERTIFYING AND ADDING PROPERTY TO
COMMUNITY FACILITIES DISTRICT NO. 99-1 (OTAY RANCH SPA ONE -
PORTIONS OF VILLAGES ONE & FIVE AND VILLAGE ONE WEST)
B. RESOLUTION NO. 2000-401, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA CERTIFYING AND ADDING PROPERTY TO
COMMUNITY FACILITIES DISTRICT NO. 99-2 (OTAY RANCH SPA ONE -
VILLAGE ONE WEST)
The Otay Ranch Company submitted a letter dated September 6, 2000 requesting the City
to conduct annexation proceedings for the last remaining out-parcel within Village One
West, Parcels 1 & 2, as indicated on the Future Annexation Exhibit recorded in Book 34
at Page 39 on July 6th, 2000, into the Community Facilities District No. 99-2 (CFD No.
99-2). Community Facilities District No. 99-1 (CFD No. 99-1) will be annexing certain
territories within both Village One West and Village Five. These territories are described
as the three out-parcels (approximately 32 acres) within Village One West and Parcel
35A (17 acres) within Village Five. Adoption of the resolutions initiates proceedings to
annex certain territories into CFD Nos. 99-1 and 99-2. (Director of Public Works)
Staffrecommendation: Council adopt the resolutions.
Page 3 - Council Minutes
11/07/2000
DRAFT
CONSENT CALENDAR (Continued)
5. RESOLUTION NO. 2000-402, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA ACCEPTING BIDS AND AWARDING CONTRACT FOR
THE HALECREST DRIVE IMPROVEMENTS BETWEEN HALE STREET AND
TELEGRAPH CANYON ROAD (STM-342) TO SOUTHERN CALIFORNIA
UNDERGROUND CONTRACTORS, INC., IN THE AMOUNT OF $78,475
At 2:00 p.m. on Wednesday, October 18, 2000, the Director of Public Works received
sealed bids for the Halecrest Drive improvements project (STM-342). The project
provides for the construction of four pedestrian ramps and storm drain improvements at
Halecrest Drive between Hale Street and Telegraph Canyon Road. The work also
includes all labor, material, equipment, transportation, protection of existing
improvements and traffic control necessary for the project. (Director of Public Works)
Staff recommendation: Council adopt the resolution.
6 A. RESOLUTION NO. 2000-403, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SELECTION OF VOLLMER
ASSOCIATES, LLP TO CONDUCT A "PEER" REVIEW OF INFORMATION USED
BY CALIFORNIA TRANSPORTATION VENTURES (CTV) IN MAKING TRAFFIC
AND REVENUE PROJECTIONS FOR THE SR-125 PROJECT, AUTHORIZING THE
CITY MANAGER TO NEGOTIATE A CONTRACT FOR THIS PURPOSE AND
WAIVING THE CONSULTANT SELECTION PROCESS AS IMPRACTICAL
B. RESOLUTION NO. 2000-404, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROVING THE SELECTION OF INFRASTRUCTURE
MANAGEMENT GROUP, INC. TO CONDUCT A FINANCIALLY-BASED
APPRAISAL OF THE SR-125 FRANCHISE, AUTHORIZING THE CITY MANAGER
TO NEGOTIATE A CONTRACT FOR THIS PURPOSE AND WAIVING THE
CONSULTANT SELECTION PROCESS AS IMPRACTICAL
C. RESOLUTION NO. 2000-405, RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF CHULA VISTA APPROPRIATING $200,000 FROM THE INTERIM SR-125
DEVELOPMENT IMPACT FEE FUND FOR A NEW CAPITAL IMPROVEMENT
PROJECT, SR-125 FRANCHISE REVIEW, STM348 (4/5THS VOTE REQUIRED)
The Council recently authorized staff to enter into discussions with consultants to
conduct a "peer" review of information used by California Transportation Ventures, Inc.
(CTV) in making traffic and revenue projections for the SR-125 toll road facility.
Further, Council also authorized staff to enter into discussions with a financial consultant
to conduct a financially-based appraisal of the SR-125 franchise. Smith & Kempton, the
City's transportation consultant, was requested to solicit proposals from qualified
consultants to accomplish these tasks. Smith & Kempton has completed this task and
presented its recommendations to staff. Staff conducted interviews with two respondents
for the financial appraisal activity. (Director of Public Works)
Staffrecommendation: Council adopt the resolutions.
Page 4 - Council Minutes
11/07/2000
DRAFT
CONSENT CALENDAR (Continued)
ACTION:
Deputy Mayor Moot noted that he would abstain from voting on Items #3C and
D, which involve the McMillin Company, moved to approve staff
recommendations, and offered the Consent Calendar, headings read, texts waived.
The motion carried 4-0, except on Item #3, which carried 3-0-1, with Deputy
Mayor Moot abstaining.
ORAL COMMUNICATIONS
William E. Claycomb, President, Save Our Bay, Inc., 409 Palm Avenue, Suite 100, Imperial
Beach, asked the Council to take action with regard to silicon cell photovoltaic electricity
generation.
ACTION ITEMS
7. CONSIDERATION OF ADOPTION OF A RESOLUTION WAIVING THE BID
REQUIREMENTS AND AWARDING CONTRACT FOR CITYWIDE STREET
SWEEPING SERVICES TO CANNON PACIFIC SERVICES FOR THE PERIOD OF
NOVEMBER 1,2000 TO APRIL 30, 2001, AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
On June 24, 1997, Council approved a contract with R. F. Dickson, Inc. to provide
citywide street sweeping services. The agreement provided for three years of street
sweeping service (July 1, 1997 through June 30, 2000), with the option of extending the
agreement for up to two additional years. The City had advertised and requested bid
responses for a three-year contract, with two one-year renewable options. Four bids were
received on May 13, 1997. R. F. Dickson Company, Inc. was the low bidder, and
Cannon Pacific Services was the second lowest bidder. Staff and R.F. Dickson have been
unable to reach an agreement on terms for the one-year option authorized under the
current agreement, and Dickson has given 30 days notice, effective November 1, 2000.
Staff is requesting that Council authorize the proposed agreement with Cannon Pacific
Services for a six-month extension, retroactive to November 1,2000. The additional time
will provide staff the time needed to develop a new request for proposal. (Special
Operations Manager)
Special Operations Manager Meacham noted that R. F. Dickson, Inc. has given the City 30 days
notice, effective November 1 st, to terminate its contract. The proposed resolution will approve
an agreement with Cannon Pacific Services, the second lowest bidder, to provide street sweeping
services for a six-month period, from November 1,2000 through April 30, 2001. During the six-
month period, staff will develop a new request for proposals and seek bids to provide the
services on a longer term basis.
ACTION:
Deputy Mayor Moot offered Resolution No. 2000-406, heading read, text waived:
RESOLUTION NO. 2000-406, RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF CHULA VISTA WAIVING THE BID REQUIREMENTS AND
AWARDING CONTRACT FOR CITYWIDE STREET SWEEPING SERVICES
TO CANNON PACIFIC SERVICES FOR THE PERIOD OF NOVEMBER 1,
2000 TO APRIL 30, 2001 AND AUTHORIZING THE MAYOR TO EXECUTE
THE AGREEMENT
The motion carried 4-0.
Page 5 - Council Minutes
1110712000
OTHER BUSINESS
DRAFT
8. CITY MANAGER'S REPORTS
There were none.
9. MAYOR'S REPORTS
A.
Ratification of appointment to the Parks and Recreation Commission - Larry
Perondi.
ACTION:
Deputy Mayor Moot moved to ratify the appointment of Mr. Perondi to the Parks
and Recreation Commission. Councilmember Davis seconded the motion, and it
carried 4-0.
10. COUNCIL COMMENTS
Councilmember Salas expressed appreciation to community members for their participation in
the electoral process and their efforts to promote important propositions, such as Proposition BB,
for the betterment of the community.
CLOSED SESSION
11. CONFERENCE WITH LABOR NEGOTIATOR - Pursuant to Government Code Section
54957.6
City Negotiator:
City Manager
Employee organizations:
Chula Vista Employees Association, Chula Vista Police
Officers Association, and International Association of
Firefighters
ACTION:
Instructions were given to the Negotiator.
ADJOURNMENT
At 5:15 p.m., Deputy Mayor Moot adjourned the meeting to the Regular Meeting of November
14,2000, at 6:00 p.m. in the Council Chambers.
Respectfully submitted,
~tuJ~'g~
Susan Bigelow, CMCIAAE, City Clerk
Page 6 - Council Minutes
11/0712000
~lf~
-11-
-
CllYOF
CHUIA VISTA
November 9, 2000
TO: The Honorable Mayor and City Council
FROM: David D. Rowlands, Jr., City Manager&(t.l"""
SUBJECT: Council Meeting of November 14, 2000
This will transmit the agenda and related materials for the regular City Council meeting
of Tuesday, November 14, 2000. Comments regarding the Written Communications
are as follows:
2A. This is a letter from the City Attorney stating that to the best of his knowledge
from observance of actions taken in Closed Session on September 7,2000,
there were no actions taken which are required under the Brown Act to be
reported.
IT IS RECOMMENDED THAT THIS LETTER BE RECEIVED AND FILED.
~V~
~~~~
~~...-..::~
~~~~
CllY OF
CHUlA VISTA
OFFICE OFTHE CITY ATTORNEY
Date:
November 8, 2000
From:
The Honorable Mayor and City Council
John M. Kaheny, City Attorney CJ.fC
Report Regarding Actions Tak~in Closed
for the Meeting of 11/7/00
session
To:
Re:
The city Council of the City of Chula vista met in Closed Session
on 11/7/00 to discuss:
. CONFERENCE WITH LABOR NEGOTIATOR PURSUANT TO GOVERNMENT CODE
SECTION 54956.6:
City Negotiator:
City Manager
Employee organizations: Chula vista Employees Association,
Chula vista Police Officers
Association, International
Association of Firefighters
The City Attorney hereby reports to the best of his knowledge from
observance of actions taken in the Closed Session in which the city
Attorney participated, that there were no reportable actions which
are required under the Brown Act to be reported.
JMK: 19k
J-
276 FOURTH AVENUE. CHULA VISTA. CALIFORNIA 91910. (619) 691.5037. FAX (619) 409-5823
,,;c,.Po.t.Coosume,Recyc..dPapar
COUNCIL AGENDA STATEMENT
ITEM :3
MEETING DATE 11/14/00
RESOLUTION Adopting an Injury Illness Prevention
Program for the City of Chula Vista.
SUBMITTED BY: HUMAN RESOURCES DIRECTOR~
REVIEWED BY: CITY MANAGER~>\~ (4/5th Vote: Yes_ NolU
The City of Chula Vista is required to maintain a written Injury Illness Prevention Program
(II PP), under the California Code of Regulations, Title 8, Chapter 4, Subchapter 7, Section
3203. The IIPP outlines the employee safety programs that the City has in place to help
prevent occupational injuries and illnesses. The adoption and support of the plan
presented here will satisfy this requirement.
ITEM TITLE:
RECOMMENDATION:
That Council adopt the resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
State legislation was passed which required every employer to establish, implement, and
maintain an effective Injury and Illness Prevention Program (Program). The IIPP outlines
employee safety programs designed to help prevent occupational injuries and illnesses.
The Program must be in writing and, must, at a minimum:
1. Identify the person or persons with authority and responsibility for implementing the
Program;
2. Include a system for ensuring that employees comply with safe and healthy work
practices;
3. Include a system for communicating with employees on matters relating to
occupational safety and health;
4. Include procedures for identifying and evaluating work place hazards;
5. Include a procedure to investigate occupational injury or occupational illness;
6. Include methods and/or procedures for correcting unsafe or unhealthy conditions;
and
7. Provide training and instruction when the program is first established to all
employees.
The original plan developed by the City in response to this legislation was outdated, did not
reflect those programs currently in place, and was in need of revamping. The City's Safety
Staff reviewed the City's current operations, and developed the new and improved IIPP
presented here. The Program has been designed as a framework for the City's Employee
Safety Programs, and incorporates by reference specific policies that may require periodic
updating.
MCIC:IMy DocumenlsIRM'sAl13\2000 Al 13\IIPP AIlJ forNoy \4 00 Mtg.doc
1
:i-I
This IIPP has been presented and reviewed by the City's employee groups: Chula Vista
Employees Association, International Association of Fire Fighters, Police Officers
Association and Western Council of Engineers. The groups concerns have been
addressed, and they have all signed and endorsed the policy presented here.
After Council's adoption, the IIPP will be presented to all affected employees through
targeted training sessions.
FISCAL IMPACT: Approximately $2,000.00 for printing costs training and materials.
Funding for the program implementation is included in this fiscal year's budget.
Attachment: A - City of Chula Vista Injury Illness Prevention Program (Dated November 1,
2000).
MCIC:\My DocumentslRM's Al 13\2000 A113\lIPP AI \3 for Noy 14 00 Mlgdoc
2
3-;1-
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ADOPTING AN INJURY ILLNESS
PREVENTION PROGRAM FOR THE CITY OF CHULA VISTA
WHEREAS,
a written Injury
California Code of
Section 3203; and
the City of Chula vista is required to maintain
Illness Prevention Program (IIPP) under the
Regulations, Title 8, Chapter 4, Subchapter 7,
WHEREAS, the IIPP outlines the employee safety program
that the city has in place to help prevent occupational injuries
and illnesses; and
WHEREAS, the adoption and support of the plan presented
will satisfy this requirement.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby adopt an Injury Illness Prevention
Program for the City of Chula vista as set forth in Attachment "An,
attached hereto and incorporated herein by reference as if set
forth in full.
Presented by
Approved as to form by
Candy Emerson
Director of Human Resources
[H:\HOME\ATTORNEY\RESO\ Injury Illness Prevention Program
(October 25, 2000 (11 :39am)]
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COUNCIL AGENDA STATEMENT
ITEM t.f
MEETING DATE 11/14/00
ITEM TITLE: RESOLUTION Authorizing the continuation on a full-time
permanent basis the position of 1.00 Risk Management Specialist-
Safety after December 31, 2000 and amending the FY 2000/01
budget, therefore.
SUBMITTED BY: DIRECTOR OF HUMAN RESOURCES~
REVIEWED BY: CITY MANAGER~07' (4/5th Vote: Yes_ NolL)
In March of 1999, based on a recommendation made in a staffing study conducted by the
City's Special Projects Manager, Council authorized the addition of a Risk Management
Specialist position in the Safety Program for an 18-month period at the expiration of which
the need for the position would be reevaluated. That evaluation has been completed and
the on-going need for the position has been established.
RECOMMENDATION: That Council adoptthe resolution authorizing the addition of the
Risk Management Specialist-Safety as a permanent position in the City's Safety Program.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION: In March 1999, the City's Special Projects Manager conducted a
staffing study of the Risk Management Division. One of the staffing deficiencies identified
by this study was in the Safety Section. At the time the study was conducted the City's
safety program was in its infancy, with the City's first dedicated safety specialist having
been on board for a mere year and a half. It was recognized that due to years of
inattention that there were a tremendous number of safety issues needing to be
addressed. It was recommended to Council that the Risk Management Specialist position
be funded through December 31, 2000, to address the backlog and to assist the Senior
Risk Management Specialist in educating supervisory staff on the importance of safety and
in basic safety procedures. It was believed that after the backlog was somewhat alleviated
and the basic training and emphasis was imparted to responsible staff, that the need for
the temporary position could be eliminated and that any safety staffing issues could be
addressed through the use of contractual services and hiring a part-time Intern.
Over the past year and a half the City's Safety Team have imparted to our employees a
true safety culture through participative committee's, training programs, and safety culture
awareness. Through these efforts the City saw a 22% decrease in the number of work
injury claims in 1999, even though our workforce was increasing in size. In addition to the
obvious decrease in the amount of money paid out due to fewer claims there is an increase
in productivity due to less lost work time. It is reasonable to assume that without the same
level of attention and prevention to employee safety issues that we would see a
1
'-I-I
corresponding increase in the number of work injuries.
While many of the safety training deficiencies identified as "backlog" in the initial study
have been addressed there have been many more identified as a result of the interaction
of the safety staff and employees. Several other factors have surfaced that affect the need
for the continued full-time staffing. Since 1997, there have been 34 major changes to Cal-
OSHA regulations that affect our City operations. The City has added almost 200 staff
positions since 1997 when the first safety position was added. This increase in employees
directly affects safety training, hazard evaluations, and efforts to maintain a safe work
environment.
Without the continuation of the position, maintenance of required safety training and
monitoring programs would require much of the work to be contracted out at a much
greater cost. A conservative estimate is that it would cost $75,000 to contract out the
programs plus the intangible diversion of the Sr. Risk Management Specialist's time from
direct safety services to contract maintenance. Whereas the annual cost of the Risk
Management Specialist position is $65,000 including salary and benefits.
FISCAL IMPACT: The annual cost of this position is $65,000, which is $10,000 less than
the additional contractual costs that would be required to maintain the City's Safety
Program at the minimal compliance level. No appropriation is required at this time as there
are sufficient salary savings in the Human Resources Department budget to cover the
position costs through the end of this fiscal year.
2
'-1-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CONTINUATION ON A
FULL-TIME PERMANENT BASIS THE POSITION OF 1.00
RISK MANAGEMENT SPECIALIST-SAFETY AFTER
DECEMBER 31,2000 AND AMENDING THE FY 2000101
BUDGET THEREFOR
WHEREAS, in March of 1999, based on a recommendation made
in a staffing study conducted by the city's Special Projects
Manager, Council authorized the addition of a Risk Management
Specialist position in the Safety Program for an 18-month period at
the expiration of which the need for the position would be re-
evaluated; and
WHEREAS, that evaluation has been completed and the on-
going need for the position has been established.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby authorize the continuation on a
full-time permanent basis the position of 1.00 Risk Management
Specialist-Safety after December 31, 2000.
BE IT FURTHER RESOLVED that the FY 2000101 budget is
hereby amended to include said position.
Presented by
Approved as to form by
Candy Emerson
Director of Human Resources
[H\HOME\ATTORNEY\RESO\ Risk Management Specialist
(November 1, 2000 (1120am)]
4~3
COUNCIL AGENDA STATEMENT
ITEM 5'
MEETING DATE 11/14/00
ITEM TITLE:
Resolution Amending the Current Fiscal Year Budget by
Reclassifying One Building Project Supervisor in Public Works/Engineering
to Senior Building Project Supervisor; One Programmer/Analyst Position in
MIS to Lead Programmer/Analyst; and Three Senior Management Analyst
Positions in Administration to Principal Management Analyst.
SUBMITTED BY: Director of Human Resources l~J
REVIEWED BY: City ManagerGl~ o(V (4/Sth Vote: Yes X_ No->
~..'
The addition of duties and changes in level or authority and/or responsibility to these positions
necessitates reclassification to the next level in the class series. These changes are requested to
continue to effectively meet the service demands on the City.
RECOMMENDATION: That Council adopt the Resolution approving reclassification of the
aforementioned positions effective November 17, 2000.
BOARD/COMMISSION RECOMMENDATION: N/A
DISCUSSION:
ADMINISTRATION - It is recommended that the three Senior Management Analyst positions in
the Office of Budget and Analysis be reclassified to Principal Management Analyst. The annual E-
Step salary at the principal level is $68,538, 10% above the senior level.
This recommendation is based on a recognized increase in level of expertise, responsibility and
autonomy required and demonstrated in each ofthe positions. Projects in this division are generally
complex involving sophisticated analytical methods. Of particular concern is the significance of
accuracy combined with minimal supervision and the nexus to liability for the City.
The Office of Budget and Analysis (OBA) is typically assigned the most complex and sensitive
projects in the City often requiring interaction and coordination with multiple departments. In many
cases, analysts take the lead role in these projects with little direction or supervision. These duties
and responsibilities are consistent with the PMAjob description and with the duties performed by the
one PMA in the Department.
1
5-1
ITEM
MEETING DATE 11/14/00
MANAGEMENT AND INFORMATION SERVICES - It is recommended that one
Programmer/Analyst position (CVEA) be reclassified to Lead Programmer/Analyst (Middle
Management). The annual E-Step salary for the higher-level position is $63,257, 10% above the
journey level. As part of the MIS Department reorganization, started earlier this year, a number of
new positions were added and many changes were made to better meet the service demands of the
City. With the hiring of several programmer/analysts, the need for a "lead" becomes increasingly
important. The projects include payroll, building permits, project accounting, parking citations, and
others.
Without the reclassification of this position, the Director would be required to become actively
involved in day-to-day programming activities rather than the citywide issues with which he must
deal. This reclassification is the most efficient way to insure the highest levels of quality customer
service.
PUBLIC WORKS/ENGINEERING - Earlier this year, the Building Project Supervisor position
was transferred from the Operations Division to the Engineering Division. The focus of the position
has expanded to include many large-scale building projects for which the Project Design and
Management (PDM) section is responsible. An example ofthe new responsibilities is the renovation
and expansion work on the new Corporation Yard. Additionally, the incumbent will have lead
responsibility over one Building Project Supervisor and one Temporary Expert Professional position.
The appropriate spread between the Senior Supervisor and the Supervisor is 10%, hence the
recommendation to reclassify the current position to the senior level with an annual E-Step salary of
$70,371 and re-title the position "Senior Building Project Supervisor."
FISCAL IMPACT: For the remainder ofthis fiscal year, the departments will absorb any additional
cost associated with the re-classification. The total annualized fiscal impact will be: $37,332 in
additional expenditures partially offset by $25,350 in increased reimbursement revenue from other
funds for an ongoing annual net cost of$II,982.
2
5-2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING THE CURRENT FISCAL YEAR
BUDGET BY RECLASSIFYING ONE BUILDING PROJECT
SUPERVISOR IN PUBLIC WORKS/ENGINEERING TO
SENIOR BUILDING PROJECT SUPERVISOR; ONE
PROGRAMMER/ANALYST POSITION IN MIS TO LEAD
PROGRAMMER/ANALYST; AND THREE SENIOR
MANAGEMENT ANALYST POSITIONS IN ADMINISTRATION
TO PRINCIPAL MANAGEMENT ANALYST
WHEREAS, the addition of duties and changes in level or
authority and/or responsibility necessitates the following
reclassifications to the next level in the class series in order to
continue to effectively meet the service demands on the City:
ADMINISTRATION It is recommended that three Senior
Management Analyst positions in the Office of Budget and
Analysis be reclassified to principal Management Analyst. The
annual E-Step salary at the principal level is $68,538, 10%
above the senior level.
MANAGEMENT AND INFORMATION SERVICES - It is recommended that
one programmer/Analyst position (CVEA) be reclassified to
Lead programmer/Analyst (Middle Management). The annual E-
Step salary for the higher-level position is $63,257, 10%
above the journey level.
PUBLIC WORKS/ENGINEERING - The Building Project Supervisor
position was transferred from the Operations Division to the
Engineering Division. The position has expanded to include
large-scale building projects for which the Project Design
and Management (PDM) section is responsible. The
appropriate spread between the Senior Supervisor and the
Supervisor is 10%, hence the recommendation to reclassify
the current position to the senior level with an annual E-
Step salary of $70,371.
WHEREAS, the total annualized fiscal impact will be
absorbed by the departments, requiring no additional
appropriations this fiscal year.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby amend the current fiscal year
1
5-3
budget by reclassifying one Building Project Supervisor in Public
Works/Engineering to Senior Building Project Supervisor; one
Programmer/Analyst position in MIS to Lead Programmer/Analyst and
three Senior Management Analyst positions in Administration to
Principal Management Analyst effective November 17, 2000.
Presented by
Approved as to form by
..<::
Candy Emerson
Director of Human Resources
[H:\HOME\ATTORNEY\RESQ\ reclassifications 11/14
(November 8, 2000 (2:51 pm)]
2
,-u
.~) -~(
COUNCIL AGENDA STATEMENT
Item
Meeting Date 11/14/00
~
SUBMITTED BY:
Resolution authorizing the establishment of a Technology
Replacement Internal Service Fund and appropriating $585,000 from
unanticipated State subvention revenue in the General Fund as a
transfer to the new Fund to establish an adequate reserve.
Deputy City Manager Powell Y
Director of Management and Information Service&
ITEM TITLE:
REVIEWED BY: CityManagerG/<:- ... (4/SthsVote: Yes~No_)
f"J'
During the FY 2000-01 budget process, staff proposed creating a Technology Replacement Fund for
the purpose of accumulating funds each year to replace various computer equipment including
microcomputers, printers, and the City's UNIX minicomputer. Staff, having defined the initial
replacement schedule and identified a source of funds for an adequate reserve, is now seeking
approval to establish the Fund.
RECOMMENDATION: That Council adopt the resolution authorizing the establishment ofa
Technology Replacement Internal Service Fund and appropriating $585,000 from unanticipated State
subvention revenue in the General Fund as a transfer to the new Fund in order to establish an
adequate reserve.
BOARDS/COMMISSIONS RECOMMENDATION:
Not applicable
DISCUSSION:
During the FY 2000-01 budget process, staff proposed creating a Technology Replacement Fund,
similar to the vehicle replacement component of the Fleet Management Fund for the purpose of
accumulating funds each year to replace various computer equipment including microcomputers,
printers, mobile date terminals, and the City's UNIX minicomputer at the end of their respective
useful lives. Funds would be accumulated through user charges applied to the departments actually
using the equipment. Replacement of computers used throughout the City would be reviewed on a
fixed schedule and replaced if deemed necessary from funds accumulated in the Technology
Replacement Fund. The initial schedule prescribes that microcomputers (including mobile data
terminals) and printers would be replaced approximately every four years and the UNIX
minicomputer every five years.
The City of Chula Vista began to use computers over 25 years ago when it purchased its first
mainframe and began processing financial applications such as accounting and payroll. For a long
time this type of processing was the mainstay ofthe computing world and the City expanded its use
to include many different applications including land use inventory, police and fire computer aided
dispatch and many others.
About fifteen years ago, the City began to make use of personal computers to supplement the
processing of data and about nine years ago implemented a local area network to connect most ofthe
departments in the City. In the early years of microcomputers, City staff used their computers for
simple word processing and spreadsheet applications. In recent years, the use of microcomputers has
expanded throughout the City not only in the numbers of computers being used, but in the
complexity of applications as well.
10-1
Page 2 Item
Meeting Date
&
11/14/00
In addition to the basic applications such as word processing and spreadsheet, powerful computers
are needed to run the Police and Fire Computer Aided Dispatch system, building permits, all of the
financial applications, GIS and others. Each new release of the software for these applications
requires more processing power on the desktop to run efficiently. This fund would be used to ensure
that City staff has computers that are capable of running the necessary software effectively to
perform their duties.
The current inventory includes the following equipment:
Description
Microcomputers
Microcomputers - File Servers
Mobile Data Terminals
Printers
UNIX Data General Minicomputer
Miscellaneous Equipment
Number
839
12
76
117
2
40
Useful Life
4 years
4 years
4 years
4 years
5 years
5 years
Replacement Cost
$ 1 ,400
$ 2,000
$ 8,000
$ 2,000
$100,000
$ 600
Assuming that we would replace approximately one-fourth or twenty-five percent of most of the
equipment and one-fifth or twenty percent of the remaining equipment each year, the Technology
Replacement Fund would require income of approximately $631,000 per year. For comparison
purposes, the current year budget includes over $1.5 million in income to the Fleet Management
Fund for one year's accumulation for vehicle replacement. In order to provide for adequate cashflow
requirements in the new Fund, it is felt that a reserve level approaching one year's expenditures
would be the minimum requirement. It is proposed that this one-time cost be funded by the recently
approved $585,000 State subvention related to ERAF relief that is expected to be received in
January.
In future years, beginning in fiscal year 2001-02, departmental budgets will include annual user
charges similar to the current vehicle usage charges based on the replacement cost of the equipment
being utilized. Given the current inventory, this would result in estimated charges to the General
Fund of $631,000, of which at least 20 percent ($126,200) would be offset by reimbursements from
other Funds, such as Sewer, Redevelopment Agency, etc. The two departmental budgets that would
reflect the largest budgetary increase would be the Police Department ($191,000) and the Library
($165,500). As with the Fleet Management Fund, staff will monitor the adequacy of the
reimbursement schedules to insure that they are sufficient to fund the cost of future equipment
replacement.
Fiscal Impact: Establishing a minimum reserve level in the new internal service fund will impact
the General Fund by $585,000. Ongoing armual costs to the General Fund will approximate
$631,000 beginning in fiscal year 2001-02, but will increase as the number of City staff increases.
The ongoing costs to the General Fund will be partially offset (20% minimum) by reimbursements
from other funds, such as Sewer, Redevelopment Agency, etc.
~ "i
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c"_..
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE ESTABLISHMENT OF A
TECHNOLOGY REPLACEMENT INTERNAL SERVICE FUND
AND APPROPRIATING $585,000 FROM UNANTICIPATED
STATE SUBVENTION REVENUE IN THE GENERAL FUND
AS A TRANSFER TO THE NEW FUND TO ESTABLISH AN
ADEQUATE RESERVE
WHEREAS, during the FY 2000-01 budget process, staff
proposed creating a Technology Replacement Fund for the purpose of
accumulating funds each year to replace various computer equipment
including microcomputers, printers, and the city's UNIX
minicomputer; and
WHEREAS, staff, having defined the initial replacement
schedule and identified a source of funds for an adequate reserve,
is now seeking approval to establish the Fund; and
WHEREAS, assuming we would replace approximately 25% of
most of the equipment and 20% of the remaining equipment each year;
and
WHEREAS, in order to provide for adequate cash flow
requirements in the new Fund, it is felt that a reserve level
approaching one year's expenditures would be the minimum
requirement; and
WHEREAS, it is proposed that this one-time cost be funded
by the recently approved $585,000 State subvention related to ERAF
relief that is expected to be received in January; and
WHEREAS, in future years, beginning in FY 2001-02,
departmental budgets will include annual user charges similar to
the current vehicle usage charges based on the replacement cost of
the equipment being utilized.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
city of Chula vista does hereby authorize the establishment of a
Technology Replacement Internal Service Fund and appropriating
$585,000 from unanticipated State subvention revenue in the General
Fund as a transfer to the new Fund to establish an adequate
reserve.
Presented by
Approved as to form by
Robert Powell
Deputy City Manager
'i<-. ~--=-===>
Jo M. Kaheny ~
C' Y Attorney
[H:\HOME\ATTORNEY\RESO\Technology Replacement Fund
(November 3, 2000 (4:51 pm)]
/ '2
(C -,,' :.J
CITY COUNCIL AGENDA STATEMENT
ITEM NO.:
MEETING DATE:
7
11/14/00
CITY COUNCIL RESOLUTION EXTENDING THE TEMPORARY
CLOSURE OF CENTER STREET AND A PORTION OF CHURCH
AVENUE FOR THE DOWNTOWN FARMERS' MARKET ON THURSDAY
AFTERNOONS FOR A TWO-YEAR PERIOD SUBJECT TO CONDITIONS
OF APPROVAL
SUBMITTED BY: COMMUNITY DEVELOPMENT DIRECTOR t-.
ITEM TITLE:
REVIEWED BY:
CITY MANAGER
I.r
'-1 '7,1/
4/5THS VOTE: YES D NO 0
BACKGROUND
On October 3, 1995, the City Council approved the closure of Center Street between Third Avenue
and Church Avenue on Thursday afternoons for the Downtown Farmers' Market. The Market area
was expanded on June 24, 1997 to include a portion of Church Avenue to accommodate an
increased number of farmers and add a section for croft booths. In accordance with the adopted
conditions of approval, the street closure must be extended by the City Council before December 31,
2000.
The Farmers' Market has grown in popularity and again needs to expand. Staff is recommending
an extension of the Center Street closure to include the southern-most lane of Center Street from
Church Avenue to Del Mar Street.
RECOMMENDATION
It is recommended that City Council adopt a resolution extending the temporary closure of Center
Street and a portion of Church Avenue for the Downtown Farmers' Market on Thursday afternoon
for a two-year period, subject to conditions.
BOARDS/COMMISSIONS RECOMMENDATION
Not applicable.
DISCUSSION
The Downtown Farmers' Market has become a very successful promotional activity within the
Downtown area and the Downtown Business Association would like to continue at the current Center
Street and Church Avenue location. The event appears to be well received by the Downtown
~-I
PAGE 2, ITEM NO.:
MEETING DATE:
1
11/14/00
merchants and neighboring uses. Parking in the adjacent on-on street parking spaces and public
parking lots has been adequate. Appropriate emergency access has been provided to the area and
ingress and egress from the Norman Park Senior Center has been maintained.
The current expansion plan has been reviewed by the transportation, troffic engineering, police, and
fire departments, as well as Norman Park Senior Center staff. It has been determined that no
impacts will result from the extension subject to the recommended conditions of approval.
The Downtown Business Association provides $1 million in liability insurance on its downtown
events, including the Farmers' Market, naming the City of Chula Vista as an additionally insured.
The Certificate of Insurance is on file in Risk Management.
FISCAL IMPACT
No significant financial impact is anticipated as a result of extending the temporary closure.
Approximately 18 parking meters will be effected for seven hours. An increase in use of the
adjacent metered parking is expected to off-set the minimal loss.
H,\HOME\COMMDEv\STAFF.REP\ 11-14-00\'~'ep-srp.doc
'7'9-
EXHIBIT A
November 14, 2000
Downtown Farmers' Market
Center Street and a portion of Church A venue
CONDITIONS OF APPROVAL
1. The subject street closure shall be permitted through December 31, 2002
unless sooner revoked (in sole discretion of the City Council) to accommodate
the Downtown Farmer's Market. At the end of that time, the Farmers' Market
shall be evaluated by the Community Development Director and a
recommendation made to the City Council. The City Council, at that time,
may consider a further extension.
2 All Vendors or activities to take place within the closed street right-of-way,
other than those approved herein shall be approved by the Community
Development Director prior to their participation on the Farmers' Market.
Approved Vendors and Activities
I) Certified Farmers' Market'
2) Arts and Crafts hand made by the seller
3) Promotional activities that enhance the market but do not detract from the
Downtown business environment to create significant noise, congestion,
or safety hazards.
4) Downtown Business Association (DBA) merchants and businesses in
good standing may sell or demonstrate merchadise and services that are
currently sold within their Downtown premises.
3 The DBA shall provide, set up and remove all signs, barricades, temporary
traffic control devices related to the Farmers' Market and street closure in a
timely manner (set-up completed no later than 3:00 p.m. and removal
completed no later than 8:30 p.m.)/ All traffic control devices, signs, and
barriacades shall be placed in accordance with the sign placement plan
approved by the City Traffic Engineer and shall conform to the State of
California traffic control requirements.
4 The DBA will be responsible for the coordination and implementation of all
activities and regulations related to the street closure and Farmers' Market, the
appropriate City of Chula Vista departments and staff, and any applicable
County, State or Federal requirements.
, A certified Farmers' Market is a location approved by the County Agricultural Commissioner, where
certified farmers offer for sale only those items they grow themselves. Only the immediate family and
salaried employees of a certified producer may act for and sell the products of that producer. Items include
fresh and dried fruits and herbs, vegetables, nuts, honey, eggs, houseplants and cut flowers, jerky, fresh
fish, olives and baked goods.
7- '3
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL EXTENDING THE
TEMPORARY CLOSURE OF CENTER STREET AND A PORTION
OF CHURCH AVENUE FOR THE DOWNTOWN FARMERS'
MARKET ON THURSDAY AFTERNOONS FOR A TWO-YEAR
PERIOD SUBJECT TO CONDITIONS OF APPROVAL
WHEREAS, the City Council of the City of Chula Vista established a Business Improvement
Area on November 16,1971 which created the Downtown Business Association; and,
WHEREAS, on October 3, 1995, the City Council approved Resolution 180052 adopting
Negative Declaration IS-95-30 and approving the closure of a portion of Center Street on Thursday
afternoons between March 1996 and October 1996 for a Farmers' Market; and,
WHEREAS, on October 15,1996 the City Council approved Resolution 18710 to expand the
temporary closure of Center Street and add a portion of Church Avenue to accommodate the
Farmers' Market on Thursday afternoons subject to conditions; and,
WHEREAS, on February 16, 1999, the City Council approved Resolution 119367 extending
the temporary closure of Center Street and a portion of Church Avenue for the Downtown Farmers'
Market on Thursday afternoons for a two-year period subject to conditions; and,
WHEREAS, the Downtown Business Association has requested the City Council extend the
temporary closure of Center Street and extend and a portion of Church Avenue for the Downtown
Farmers' market on Thursday afternoons subject to conditions; and,
WHEREAS, the extension of the street closures creates no new significant impacts and
therefore no additional review of the project is required under CEQA; and,
WHEREAS, the Downtown Business Association insures its downtown events, including the
Farmers' Market for $1 million in liability and names the City of Chula Vista as an additionally
insured; and
WHEREAS, the Farmers' Market special event will further the redevelopment effort within the
Town Centre I Redevelopment Project Area,
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of Chula Vista extends
the temporary closure of Center Street and a portion of Church Avenue for the Downtown Farmers'
Market on Thursday afternoons through December 31,2002 subject to conditions attached hereto as
Exhibit "A".
PRESENTED BY
APPROVED AS TO FORM BY
Chris Salomone
Director of Community Development
'/--~~1C;;
hn M. Kaheny
Agency Attorney
"
H:\HOMEICOMMDEVIRESOSIRESO -CC-Farmers Mkt.doc
.'---....
'1-~
COUNCIL AGENDA STATEMENT
Item 'i?
Meeting Date 11/14/00
SUBMITTED BY:
Resolution authorizing Ayres Land Company as Manager of ACI
Sunbow, LLC to construct the portions of East Palomar Street identified and
included in Sunbow II, Phases IB, IC and 2A, as well as the Poggi Canyon
Detention basin included in the Phase I A contract, and receive credit against
Transportation Development Impact Fees.
D;=,"cofP,bli, wm"',J( r
City ManagerG I" o'r {tf
fol (4/Sths Vote: YecNoX)
ITEM TITLE:
REVIEWED BY:
The City has received letters dated March 3, 2000 and October 9,2000 from Ayers Land Company
requesting authorization and Transportation Development Impact Fee credit for construction of roadway
facilities along East Palomar Street from Medical Center Drive to the easterly boundary of Sunbow II,
Phases IB, IC and 2A, and for improvements related to Olympic Parkway construction between
Oleander Avenue and Brandywine Avenue, including drainage basin improvements in Poggi Canyon
and mitigation (general biological, wetlands, CSS) for Phase IA and lB roads.
RECOMMENDATION: That the City Council adopt the resolution authorizing Ayres Land Company
as Manager of ACI Sunbow, LLC to construct the portions of East Palomar Street identified and
included in Sunbow II, Phases IB, IC and 2A as well as the Poggi Canyon Detention basin included in
the Phase IA contract, and receive credit against Transportation Development Impact Fees.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable
DISCUSSION:
East Palomar Street - Sunbow II Phase lB
On March 3, 2000, Samuel M. Holty, Vice-President of Ayres Land Company as Manager of ACI
Sunbow, LLC, sent a letter (Exhibit "A") to the City requesting authorization and Transportation
Development Impact Fee credit for the construction of East Palomar Street from Medical Center Drive
to the easterly boundary of Sun bow II, Phase lB. This street segment is identified as a portion of Project
No. 17 on the City's Transportation Development Impact Fee (TDIF) Capital Improvement Program
(CIP) list included in the Development Impact Fee Report revision dated October 25, 1999 (Exhibit
"B"). A minimum of three bids for the construction work involved are required for TDIF credit by
Council.
Kaufman and Broad, Inc., the guest builder for this portion of Sunbow II, obtained qualified bids from
three companies. A contract was signed between Kaufman and Broad, Inc. and the low bidder, Erreca' s,
Inc., on May 13, 1999. Kaufman and Broad also entered into a "Purchase and Sale Agreement" with
ACI Sunbow assigning the Development Impact Fee credits to Sunbow. A copy of the overall contract
amounts for East Palomar Street are shown in Exhibit "C".
'? -{
Page 2, Item_
Meeting Date 11/14/00
Staff has reviewed the TDIF -eligible elements of the proposals submitted by the three firms that
submitted bids. It appears that Erreca's bid is also the lowest of the three bids submitted for the TDIF
items. The overall contract amounts for the work covered by this TDIF project are summarized as
follows for the East Palomar Street portion of Sunbow II, Phase lB.
I. Storm drain construction: $206,500.00
2; Dry utilities: $70,610.00
3. Roadway construction/street improvements: $580,605.00
4. Grading/Earthwork: $499,992.00
5. Landscape, planting, hardscape, irrigation: $253,300.00
6. Street lights, traffic signal poles, street hardware: $71,725.00
TOTAL: $1,682,732.00
East Palomar Street - Sunbow II Phase I C
The City subsequently received a letter from Mr. Holty dated October 9, 2000 (Exhibit "D") requesting
reimbursement by the City for improvement work related to additional phases (lC, 2A and 2B) of the
Sunbow II project. Phase I C consists of certain residential developments known as Sunbow Village
5 and Sunbow Village 6 plus a portion of East Palomar Street.
Centex Homes, the guest builder for this portion of Sunbow II, obtained qualified bids from four
companies. A contract was signed between Centex Homes and the low bidder, Erreca's, Inc., on April
3,2000. Centex Homes also entered into a "Purchase and Sale Agreement" with ACI Sunbowassigning
the Development Impact Fee credits to Sunbow. The portion ofErreca's bid eligible for TDIF credit is
included in Exhibit "E".
Staff has reviewed the TDIF-related elements ofthe proposals submitted by the four bidding companies.
It appears in this case as well that the overall Erreca' s bid is the lowest of the three bids submitted for
the TDIF items. The contract amounts for the work covered by this TDIF project are as follows for the
East Palomar Street portion of Sunbow II, Phase I C.
I. Storm drain construction: $27,010.00
2. Roadway construction/street improvements: $265,981.40
3. Grading/Earthwork: $92,530.00
4. Landscape, planting, hardscape, irrigation: $207,228.70
5. Street lights, traffic signal poles, street hardware: $146,059.00
TOTAL: $738,809.10
East Palomar Street - Sunbow II Phases 2A and 2B
As part of their letter dated October 9, 2000, Ayres Land Company also requested reimbursement for
facilities constructed within Phases 2A and 2B. They submitted a copy of preliminary estimates made
by Rick Engineering Company, dated August 9, 2000, for all construction work associated with these
projects. A review of the construction plans for Phase 2B indicates that no new TDIF-eligible
(.~ ..~]
t5 - .:;....
Page 3, Item_
Meeting Date 11/14/00
improvements will be constructed with this phase. The construction estimate for the East Palomar Street
portion of Phase 2B is summarized as follows. Note that the bonding amount (as discussed in Exhibit
"F") will be used for credit at this time.
Sunbow Phase 2A, East Palomar Street:
1. Grading and Mobilization: $83,153.00
2. Roadway construction/streets: $502,171.00
3. Storm drain construction: $26,984.00
TOTAL: $612,308.00
Total of bonding amount for this project: $591,205.00
GRAND TOTAL, PHASES IB, IC and 2A: $3,033,849.10
Under TDIF ordinance procedures, a developer may request credit for the construction of facilities
identified in the TDIF project list. The construction cost estimate for Project No. 17, from Medical
Center Drive to the eastern Sunbow boundaries, as revised in the October 25, 1999 report "Eastern Area
Development Impact Fees for Streets", is $1,726,099 plus $258,915 for contingencies, or $1,985,014.00
total. This is significantly less than the estimated construction cost of$3,012,746 for this portion of East
Palomar Street. However, this difference is relatively small when compared to the entire TDIF program
of$216,752,798, and it should be made up by subsequent TDIF projects that cost less than the estimated
amount.
Olympic Parkway
The City received an additional letter from Mr. Holty, dated March 3, 2000 (Exhibit "G"), requesting
reimbursement by the City for improvements related to various components of Olympic Parkway
improvements between Oleander Avenue and Brandywine Avenue, including drainage basin
improvements in Poggi Canyon and mitigation (general biological, wetlands, eSS) for Phase IA and IE
roads. Based on the cost breakdown from TC Construction, the total cost of the Poggi Canyon drainage
basin was $916,969.50.
Based on an impact analysis performed by Merkel & Associates in an August 31, 1999 letter (Exhibit
"H") accompanying the October 9, 2000 Ayres Land Company letter, DIF element roads impacted 6.27
acres of wetlands and CSS of a total project impact area of 17.22 acres. Mr. Holty applied the
percentage of the acreage impacted (36%) against the total cost of$916,969.50 to arrive at a figure of
$330,109, which Ayres is requesting as reimbursement. Ten percent of the total ($91,697) would be
associated with East Palomar, while 23 percent ($210,903) would be for Olympic Parkway and three
percent ($27,509) for Medical Center Drive. Staff generally agrees with this methodology.
Ayers' letter also requested reimbursement for planning work performed for the off-site section of
Olympic Parkway and mitigation (general biological, wetlands, CSS) for Phase IA and IB roads. Since
these components are not directly construction-related, they would not be considered for TDIF credit
at this time. Planning and design-related items will be considered for credit during the audit process
after construction has been completed.
6'-3
Page 4, Item_
Meeting Date 11/14/00
TDIF Credit Process
The TDIF ordinance provides a procedure for issuance of credits to developers. According to Section
3.54.040 of the City ofChula Vista Municipal Code, the developer, upon approval ofthe estimated cost
by the Director of Public Works, shall be entitled to immediate credit for 50 percent ofthe estimated cost
of the construction attributable to the Transportation Facility Project. Once the developer has received
valid bids for the project which have been approved by the Director of Public Works, the amount of the
immediate credit shall be increased to 75 percent of the bid amount. The immediate credits shall be
applied to the developer's obligation to pay fees for building permits issued after the establishment of
the credit. Ayres Land Company has complied with the procedural requirements of the TDIF ordinance
for credit at the 75 percent level for Sunbow II, Phases lA, 1B and IC and at the 50 percent level for
Sunbow II, Phase 2A. Per this ordinance a description and cost estimate of the improvements along with
other information and statements are required to be submitted to the City Council.
The October 9, 2000 letter from Ayres Land Company to the City transmitted an engineer's estimate for
Phase 2A and 2B improvements to East Palomar Street and the credit requested by Ayres. The
September II, 2000 letter from the City to ACI Sunbow delineates the approved estimates for the
Faithful Performance and Material and Labor Bonds for the street improvements to the Phase 2A portion
of East Palomar Street.
The following information has been submitted as required by the ordinance for credit at the 75 percent
level:
I. Letters dated March 3, 2000 and October 9,2000 to the City Engineer requesting that the City
authorize reimbursement or credit for the construction of a portion of East Palomar Street as
identified in Sunbow II, Phase 1B and lC, and reimbursement for the construction of
improvements related to various components of Olympic Parkway improvements between
Oleander Avenue and Brandywine Avenue, including drainage basin improvements in Poggi
Canyon for Phase lA and lB roads.
2. Rick Engineering, under contract with Kaufman and Broad, has prepared and submitted grading
and improvement plans to the City. The improvement plans were approved as of February 15,
1999.
3. Easements and rights-of-way for the project have all been obtained as required by the Director
of Public Works.
4. All necessary permits and environmental clearances necessary for construction of the project
have been obtained by Ayers Land Company. Ayers Land Company has also paid all required
permit and plan check fees and posted any security which is necessary for the project.
5. The TDIF ordinances require a developer to secure at least three (3) qualified bids for the work
to be done. This requirement has been complied with for the improvements included in the
Phase IB and lC portions of East Palomar Street.
("", l./
Y - ,
Page 5, Item_
Meeting Date 11/14/00
6. We have received copies of the "Purchase and Sale Agreement and Escrow Instructions" entered
into between ACI Sunbow and Kaufman and Broad Coastal, Inc. and Centex Homes. Exhibit
"I" includes the section of each Agreement which assigns to the seller, Ayres Land Company,
Development Impact Fee credits.
When work on these projects has been completed to the satisfaction of the City, Ayers Land Company
shall submit verification of payments made for the construction of the project to the City. The Director
of Public Works shall make the final determination on expenditures which are eligible for credit.
FISCAL IMPACT: None to the City. Ayres Land Company as Manager of ACI Sunbow, LLC will
receive credit in accordance with the provisions of Ordinance #2251 and as amended by Ordinances
#2289, #2580 and #2802. Upon Council approval, Ayres Land Company as Manager of ACI Sunbow,
LLC will be eligible to receive up to $2,063,738 at the 75 percent level and $295,602 at the 50 percent
level against required Transportation Development Impact Fees. The actual amount of credit will be
determined by the Director of Public Works and be based on actual final costs. The developer will pay
all related City staff costs including those for administration of the TDIF credit procedure.
Exhibits:
A. Letter dated March 3, 2000 from Samuel M. Holty of Ayres Land Company to City re Sunbow
II, Phase I B/Request for Authorization to Construct East Palomar Street.
B. Plat for Project No. 17, East Palomar Street between Medical Center Drive and Sunbow Eastern
boundary.
C. Estimate for East Palomar Street in contract between Kaufman and Broad, Inc. and Erreca's, Inc.
for Sunbow II, Phase IB.
D. Letter dated October 9, 2000 from Samuel M. Holty of Ayres Land Company to City re Sunbow
II, Phase IC, 2A and 2B.
E. Bid Letters and estimates from Erreca's, Inc., for Sunbow II, Phase I C.
F. Letters dated September 11,2000 from City to ACI Sunbow detailing approved estimates for
construction bonds for Sunbow Phase II.
G. Letter dated March 3, 2000 from Samuel M. Holly of Ayres Land Company to City on Request
for Reimbursement for Improvements Related to Olympic Parkway.
H. Letter and Table from Merkel & Associates, dated August 31, 1999, regarding DIF Elements for
Sunbow Development Projects.
I. Agreements between Ayres Land Company and Kaufman and Broad, Inc. and Centex Homes
regarding assignment ofDIF credit.
H:\HOMEIENGINEERIAGENDA IADSUNBOW. WPD
FILE #0730-95 HX 059
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AYRES
Land Company
March 3, 2000
Mr. Clifford Swanson
City Engineer
CITY OF CHULA VISTA
Public Works Department
276 Fourth Avenue
Chula Vista, CA 91910
RE: SUN BOW II - PHASE IB / REQUEST FOR AUTHORIZA nON TO
CONSTRUCT EAST PALOMAR STREET
Dear Mr. Swanson:
On behalf of ACI Sunbow, LLC, this is to formally request the City's authorization to construct
East Palomar Street from Medical Center Drive to the easterly boundary of Sunbow II, Phase lB
and to receive reimbursement from the City ofChula Vista.
The necessary construction documents have been approved by the City ofChula Vista and Otay
Water District. together with San Diego Gas and Electric, Pacific Bell and the interested cable
television companies.
The necessary right-of-way has been dedicated to the City of Chula Vista with the recordation of
the Final Map for Chula Vista Tract 90-07, Sunbow Phase lB, recorded as Map # 13720 on
February 5, 1999.
The required bonds have been posted to secure the construction of this facility with the
recordation of the Final Map referenced above.
Per a June 3, 1999 letter to our consultant, John M. Leach of Leastar Corporation, from Ralph
Leyva, the City ofChula Vista requires copies of bid packages submitted for the construction
contract. I have enclosed these for your reference.
Bidder Date Bid Amount
1. Erreca's, Inc. March 8, 1999 $ 9,719,700.00
2. TC Construction Company March 8, 1999 $ 9,952,790.00
, Sukut Construction March 8, 1999 $11,388,705.16
J.
750 R Street, Suile 2370
San Diego. CA 92101
(619) 544-9100
(619) S44-ll646 FAX
(-,
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Mr. Cliff Swanson
March 3, 2000
Page Two
I have also enclosed a copy of the signed contract for the above-referenced work between
Kaufman & Broad Coastal, Inc. and the low bidder, Erreca's, Inc., dated May 13, ] 999.
You will also find enclosed a revised Preliminary Budget Estimate for Cost Reimbursement for
East Palomar Street, Sunbow Phase IB and a February 9, 2000 memo from Rick Engineering
confirming the total grading quantity at 155,200 cubic yards.
If you require additional information, please do not hesitate to call me at 619/544-9]00. I
appreciate your cooperation in granting this authorization.
Sincerely,
AYRES LAND COMPANY, INC.
AS MANAGER OF ACI SUNBOW, LLC
~~
Vice President
SMH:IJ
1241.smh
Enclosures
cc: Bill Hamlin (w/o encls.)
Mike Leach (w/o encls.)
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CHULA VISTA D. L F.
FACILITY NO.
EXHIBIT
17
.
.
PROJECT DESCRIPTION:
EAST PALOMAR STREET FROM OLEANDER A \IE TO SUNBOW EASTERN BOUNDARY
CONSTRUCT 4 LANE MAJOR ROAD.
(LENGTH = 4,854')
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EAST
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OL YMPIC PARKWA Y
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100'
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." P. C. c.. SIOfWALK
6" TYPf "G" C.URB '" GUTTfR I
32'
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50'
32'
.
50'
10'
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4- LANE MAJOR
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ESTIMATED CONSTRUCTION COST:
-
.,
SURFACE IMPROVEMENTS
$1.726,099
..,
CONTINGENCY (15%)
DESIGN (6%)
INSPECTION I ADMIN (6%)
D.I.F ADMINISTRATION (2%)
$258.915
$103,566
$103.566
$34.522
.-
-
.,
TOTAL
$2,226.668
...
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1437x017.d"g 31799 115355
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Cost Code
Description
East Palomar Offtract
EXHIBIT "B"
Total Price
Project Code 534
Total this Invoice Invoiced to Date
Relmburseable
Balance Remaining Retention
1543.01221 Gradinll $ 499,992 $ 49,999
1543.01222 Storm Drains $ 206,500 $ 20,650
1543.01223 Sewer $ 59,700 $ 5,970
1543.01224 Water $ 64,720 $ 6,472
1543.01225 Water Reclaimed $ 52,760 $ 5,276
1543.01226 Dry Utilities $ 70,610 $ 7,061
1543.01227 Street Lights $ 31,250 $ 3,125
1543.01226 Concrete $ 222,065 $ 22,207
1543.01229 Traffic Signal Poles wtLights $ 29,460 $ 2,946
1543.01230 Paving & Base $ 356,540 $ 35,654
1543.01231 landscaping $ 253,300 $ 25,330
1543.01232 Street Hardware $ 10,995 $ 1,100
1543.01233 landscaoe Maintenance $ 9,000 $ 900
Total $ 1,888,932 $ 188,893
1. Payments are progressive and are base on percent of job complete in the opinion of the owner representative, soils engineer and civil engineer.
2. Grading mobilization payment will be 50% on completion of mobilization and the balance when 15% of the grading is complete.
3. Subcontractor to attach copy of this payment schedule to each invoice along with AWP for payment. If subcontractor fails to do so his
invoice will be returned to him. The invoice must also reference the contract number.
4. Retention on the job shall be paid 45 days after the notice of completion is filed for that phase of the job. Subcontractor shall
shall reduce each invoice by 10% and bill for retention on a separate invoice when due.
5. Notice of completion shall be filed at the following phases of the worle
a. Completion ofthe grading for the entire site.
b. Completion of the subsurface improvements (stormdrain, sewer, water and dry utilities) for each area: Units 3,4,16 & East Palomar Rd.
c Completion of the surlace improvements (curb, gutter, sidewalks, driveways, streetlights, paving, walls, signage, signals and landscaping)
for each area: Units 3, 4, 16 & East Palomar Rd.
d. There will be a total of nine (9) NOC's filed on the job.
e. The determination of the timing of the filing of the notice of completion shall be by the owners representative, the soils engineer
and the civil engineer, as well as the governing authorities conditional acceptance of the work.
6. The line item "administration", cost code 1542.05401, shall be invoiced in 10 equal payments each month with a 10% retention invoiced separately.
Total
$
9,742,667.00
Rentention Total $
974,267 $
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Land Company
October 9, 2000
VIA FEDERAL EXPRESS
Ms. Elizabeth Chopp
CITY OF CHULA VISTA
276 Fourth Avenue
Chula Vista, CA 91910
RE: SUNBOW PHASE lA, IB & IC fEAST PALOMAR IMPROVEMENTS f
POGGI CANYON BASIN f OL YMPIC PARKWAY f REQUEST FOR
TDIF REIMBURSEMENT
Dear Ms. Chopp:
ACI Sunbow, LLC is requesting reimbursement credit for TDIF facilities built within Phase lA,
m and IC of Sunbow. While you have previously received our request for reimbursement for
Phase IA and IB, we also request reimbursement for Phase IC and Phase 2A and 2B
improvements.
Per your request, I enclose:
I, Excerpts from the Purchase and Sale Agreement between Kaufman & Broad and ACI
Sunbow, LLC for Phase IB lots. I have flagged the section indicating that ACI Sunbow,
LLC will receive all TDIF credits as a result of construction of East Palomar Street.
2. Copies of the four construction bids for Phase IC, received from Erreca's, Sukut, Hazard
and Casso A summary of the bids for Sunbow Phase IC is also enclosed.
3. The signed contract for IC, executed by Centex Homes (purchaser ofIC residential lots)
and Erreca's.
4. Excerpts from the Purchase and Sale Agreement between Centex Homes and ACI
Sunbow, LLC for Phase IC lots. I have flagged the section indicating that ACI Sunbow.
LLC will receive all TDIF credits as a result of construction of East Palomar Street.
5. Engineer's estimate of Phase 2A and 2B improvements to East Palomar Street. Per these
estimates, the reimbursement requested for Phase 2A and 2B is:
750 B Street. Suite 2370
San Diego, CA 92101
(619) 544-9100
(619) 544-0646 FAX
C-'. I
~j
Ms. Elizabeth Chopp
October 9, 2000
Page Two
Land Development
Street Improvements
Water Improvements
Stonn Drain Improvements
Otay Water District Deposit
TOTAL
$ 83.153
502.171
83.778
26,984
12.400
$708 486
Regarding the Poggi Canyon drainage basin, this work has been completed as part of the Sunbow
Phase IA improvements. My March 3, 2000 letter outlines the reimbursement we request.
Improvements to the Poggi Canyon drainage basin were included in each ofthe three
construction bids we submitted to the City when we requested reimbursement for Phase 1A.
If you require additional information, please do not hesitate to call me.
Sincerely,
AYRES LAND COMPANY, INC.
AS MANAGER OF ACI SUNBOW, LLC
s6!1r
Vice President
14.1'slIlh
Enclosures
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License #395434
12570 Slaughterhouse Canyon Road. P.O. Box 640 . Lakeside, CA 92040
Job No. 99-8032
311 5/2000
ACl Sunbow, LLC
750 B Street, Ste 2370
San Diego, Ca. 92101
Attention:
William R. Hamlin
Subject: Sunbow II, Phase IC - TURNKEY PROPOSAL
Gentlemen,
Below is our lump sum proposal for the above project. This proposal is based on signed grading and improvement
plans, your bid invitation dated 02/04/00, and addendums 1-5.
OUT proposal and clarifications are as follows:
Conditions to proposal listed below are intended as clarifications only and are not stipulations. This is 8 lump sum
bid.
I. Changes to plans that affect lump sum items to be negotiated.
2. This proposal is based on constructing entire job with out phasing by owner or other builders.
3. Erreca's proposal is based on the owner paying water capacity fees to Otay Water district for a 6"
meter. All capacity fees paid to Otay are reimbursable to owner.
4. Temporary hydro-seed mix is the same as Phase lB.
5. Silt fence is pre-fabricated with out wire.
6. This proposal includes installation of gea meter pedestals for irrigation controllers.
7. Driveway approaches are based on CYCS I, 16' width and 3' flare. Alternates to be negotiated.
8. Removal of new de-silting basins to be by others at a later date.
9. The Landscape and Irrigation Figure quoted for The Plaza (unit 16) is a budgetary figure only.
Final price to be based on approved plans.
10. For the base bid, borrow areas will be deepened or expanded to accomplish the necessary fills. For
the alternate bid, ifborrow areas are in excess, the excess will remain in its natural state.
Should you have any questions please do not hesitate to contact the undersigned.
RPORA TED
Office
(619) 390-6400
Fax (619) 443-2758
Estimating
(619) 390-6400
(619) 443-3002
Shop
(619) 443-7551
(619) 443.7624
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BID NO 99-8032
SUNBOW II, PHASE 1 C BASE BID
**-*east palomar"*-. ---~_.~---~_---
905 MOBILIZATION 1 LS 5,000.09 5,000.00
910 CLEAR & GRUBB ___ 1 LS 500.00 509:~
-915 MASS EXCAVATION ____ 60,000 CY 1.21 72,600.00
920 ALLUVIUM. 4,000 CY _~0~>-_~80.00
, ::-~;';~';~, ---l '''' IF --"" ~.,.~""
935 ~iON CO~~:~~TAL EJ\~~HWO~~_ .. ~: --~ 1 i- LS .. _7,500()~l-_ 9~:;~~:~~-
---------------------- .-----.---------- -- - --- ---
940 AC PAVEMENT & BA~~_.__.__ _ f- 75,780 SF__ _ 2.68 203,090.40
945 6" TYPE 'G' CURB & GUTTER __ 1,730 LF 8.75 15,13750_
946 6" TYPE 'B-1' CURB 1,610 LF 8.20 13,20200
947 6" TYPE G-3 MONO C & G ---------- ---23b-LF 12.00 2,76000
948 4" MONOLITHIC SIW ------- -1,~ SF- 2.05 3,75150
949 4" NON-MONLlTHIC SIW ____=-- ~:600 -SF _~ _ 27,01~
950 PED RAMPS 4 EA _ 100.00 400.00
960 STREET SURVEY MONUMEN---r-- ,- --. -- 2 EA- 315.00 630.00
965 SIGNING & STRIPING 1 LS 21,800.00'21,800.00
- 970 NO.5 PULL BOX ..-~~----- -. 3 EA 160.00 480.00
975 NO.6 PULL BOX ..- 8 ~ '-'180.00 1,440.00
980 STREET LIGHTS .----------- ------ - -g- EA '-- 480000 - 43,20000
982 TRAFFIC SIGNAL CONDUIT-=-_ 1,660 LF 6.65 11,03900
985 TRAFFIC SIGNAL CONDUIT _ _Lf-L~_,_ 68,10000,68,10~
, SUBTOTALSTREETIMPROVMENTS ,_ _ e------- _ 412,040,4Q..
I-iooo SEWER ' 1 LS 4,30000 4,300.00.
-' SUBTOTAL SEWER-- 4,300.00
I------l---. ------- -- -I- .
f--T100 POTABLE WATER- ,-. 1 LS 144,600.00 144,600.00
--f- -- -~t_'-----=~
SUBTOTAL POTABLE WATER 144,600.00
------
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BID NO 99-8032
SUNBOW II, PHASE 1C BASE BID
....REC.LAIMEDWATER.... ..~ . ..---..-
~-------_.-
..-
12038"C900CL150 50 LF _ 22.80 1,14000
1205 61NCHPVCMAIN .-.~.~. 1,250 --tFc. .' 18.60 23,250.00
1208 2" TEMP BO ASSY 3 EA 700.00 2,100.00
1210 21NCH BLOW OFF (OWDW-21) .-------:- ~ -2 EA 1,30000. 2,600.00
1215 2INCHAIRVAC._- ___.1...~ ....3,100 00 f-- 2,10000
1217 6x1 1/2" W/S ~.~ 4 EA .. 1 ,20(). 00 ..~c.~OO.OO
1220 NO 8 INCH GATE VALVE -- -- ,'-
.J:.~~ 61NCH GATE VALVE._-=---~ 4 EA 750.00 3,00000
~g.. c-.qNNECT TO EXISTINQ. ._._________. ___ ._ __ 1. EA__100000 3,OQOOO
1235 MISC FITTINGSfTB's__~..~._ _ _._. 1 ':ES- _.SOOOO I--- ---SOO.OO
_ _ SUBTOTAL RECLAIMED WATER_. _--=f-" - __ 42,490.00
-~~,---'--'-"-' -----_.-
'130S'T8iNCHSTORMDRAIN ---=--~-=----.___ .._":'._.2~ LF 50.00-14,150:-60
1310 41NCH PVC 33 LF 20.00 660.00
-------- ----
1315 TYPEA-5CLEANOUT 1 EA 3,60000 .~Q~
1-1320 cIyPEB-lINLET_.__===~~~. 2 EA 4,300.00 8,600.~
f.---. 1---____ SUBTOTAL STORM DRAIN . ..__.___..27,010.00
".LANDS-CAPE-& IRRIGATION.... --- --- -----~-
-~-
1505 MAINTENANCE "",ALK ___.. ~ l--- 3,760 _~!.-+-- 4.40 16,544.00
1510 IRRIGATION 60,450 SF 1.66 100,34700
1515 HYDROSEED TURF______-==--===-==-- .._~.890 SF _----0:-06 1,433c4.D..
1520 DROSANTHEMUM .____.___._._._._1(;,570 SF -~-20' 3,114.0Q.
1525 5GALLAMPRANTHUS?PECTABL~___..__ _~2:2s0 ~f'...._.__. 0.20 2,45000
1530 5 GAL L1GUSTRUM ..___.._______ __.~ EA 14.30 786,5Q.
1535 5 GAL NERIUM 141 EA 14.30 2,01630
1540 5GALRHAPHIOLEPIS ===.==____=. -238 EA 14.30' 3,403.40
~. 5 GAL STERLlT?lA 297 EA . _ .---.15 30 4, 544,1Q.
1550 24 INCH BOX KOELREUTERIA . ___.11 EA 200.00 2,20Q~
1555 24" BOX PITTOSPORUM 16 EA 215.00 3,44000
1560 15 GAL PYRUS ARISTOCRAT __. .____-1 43 E~ _.200.00 8,600OQ.
1565 1 YEAR MAINTENANCE +_ 60,450 SF 0.30 18,135.00
1570 PALMS _.__ =-=-==---. -- I---.;Tt EA 615:00 __.'10,45500
1575 MEDIAN DRAINS .____._.______.__' \~ LF 7.65 9,18000
1580 5-GAL VIBURNUM .r--- 86 EA --15,00 --1;290:1J9..
~;:~ ~~~C~REP-- ----====---~~0,45~ ~~ -J,20~~~ 1;:~~~~
1--.__SUBTOT"L~~DSCAPE&IRRIGATibN=t-=--- j---_._ :0-.=+ 207,228.70
~- IGRANDTOTAL---:"::::: ==-=--=-__ -.t----- I-- _ --:9.861.724.10
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CI'TV OF
CHUlA VISfA
DePARTMENT OF PUBLIC WORIfiI ' 0600-080-SB020F P,-'SBII_c_'F
ENGINEERING DIVISION e, e, - ,
September I I, 2000
ACI Sunbow
7S0 "B" Street
San Diego, CA 92 I 0 I
Atm,: Bill Hamlin
RE: Approved Improvements Bond Cost Estimates for Sunbow Phase 2 Final Maps
The following amounts are approved estimates for the Faithful Performance and Material and Labor
Bonds for major street improvements:
Improvement
Paseo Ladera - 2A
East Palomar -2A
Faithful Perf.
I $779,664.50
I $295,602.50
Labor & Materials
I $779,664.50
I $295,602.50
W.O. No.
SB-020F I
SB-020F I
r,<:: S1,J 2'1
)'1 ~ 20), CD
Pl;Z sub 'j three (3) originals of each of the bonds from an approved suret)' on the appropriate
~.
Dino Serafini
Civil Engineer
ce. Tracy deTagyos. Rick Engineering
C:.Len::rs & !\1emos\RWR9_5.drs.doc
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2-:: :=OUr:.TH AVENU~ / C:-iULA ViSTA" C';L1;::O~NIA 91G10-2531 / (519) e91-5G21
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Mr. Clifford Swanson
City Engineer
CITY OF CHULA VISTA
Public Works Department
276 Fourth Avenue
Chula Vista, CA 91910
AYRES
Land Company
March 3, 2000
RE: SUN BOW II, PHASE IA & IB / REQUEST FOR REIMBURSEMENT FOR
IMPROVEMENTS RELATED TO OLYMPIC P ARKW A Y
Dear Mr. Swanson:
On behalf of ACI Sunbow. LLC, this is to formally request reimbursement by the City for
improvements related to Olympic Parkway.
There are three components of the requested reimbursement.
I. Drainage basin improvements in Poggi Canyon
2. Planning work performed for off-site section of Olympic Parkway
3. Mitigation (general biological, wetlands, CSS) for Phase IA and IB roads
Drainage Basin
According to TC Construction, and based on the cost breakdowns enclosed, the total cost of the
Poggi Canyon drainage basin is $916,969.50. Based on an impact analysis performed by Merkel
& Associates in an August 31, 1999 letter (copy enclosed), DIF element roads impacted 6.27
acres of wetlands and CSS of a total project impact area of 17.22 acres. 1 have applied that
percentage (36%) against the total cost of$916,969.50. We therefore request reimbursement of
that product, $330, I 09.
Planning Work
ACI Sunbow, LLC retained Rick Engineering to process plans for off-site improvements to
Olympic Parkway as part of planning work for Sunbow Phase lB. This facility has subsequently
been taken over by the City of Chula Vista. A copy of Rick Engineering's invoice is enclosed
and totals $23.448. We request reimbursement of that sum.
750 B Street. Suite 2370
San Diego, CA 92101
(619) 5+1-9100
(619) 544-tl646 FAX
?-Ib
Mr. Clifford Swanson
March 3, 2000
Page Two
Mitigation
Per the August 31, 1999 letter from Merkel & Associates previously referenced, ACI Sunbow
requests reimbursement for general biological, wetlands and CSS mitigation impacts. This
amount is calculated by subtracting all non-DlF elements referenced in the letter from the total
impact cost of$268,543. The sum is $82,789.
In summary, the requested reimbursements are as follows:
Drainage basin
Planning work
Mitigation
TOTAL
$330, I 09
$ 23,448
$ 82,789
$436,346
Sincerely,
AYRES LAND COMPANY, INC.
AS MANAGER OF ACI SUN BOW, LLC
A
Samuel M. Holty
Vice President
SMH:tJ
1243smh
Enclosures
cc: Bill Hamlin (wio encls.)
Mike Leach (wio encls.)
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08/31/99 TUE 08:46 FAX 619 560 5465
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1/11002
Merkel & Associates, Inc.
3944 Murphy Canyon Road, Suite C 1 06 . San Diego, CA 92123
Ph. (619) 560-5465. Fax (619) 560-7779
E-mail Merkellnc@aol.com
August 31,1999
M&A #94-021-14
Bill Hamlin
ACI Sunbow, LLC
750 B Street, Suite 2730
San Diego, CA 92101
Re: DIF Elements For Sunbow Development Projects
Dear BiB:
This letter is to follow-up on your request for allocation of work conducted on the Sunbow project
in conjunction with DIF project elements. Specifically, these are identified as follows:
. East Palomar
. OI)m1pic Parkway
. Medical Center Drive
. . Telegraph Canyon Road
. Off-site Sewer
To identify costs associated with the DIF facilities, I have segregated costs into project phases. I
have further broken costs out as those hard costs which we have been directly responsible for. The
proportions used may also be reasonably applied to construction and landscaping costs associated
with these elements. In some instances there is no easy way to break costs down by DIF and non-
DIF work. To allocate costs, I have broken down the project areas based on a proportional allocation
ofimpacts to be mitigated.
Wetland Impa.:t Acres Proportion
Non-DIF Elements 3.95 0.64
East Palomar 0.09 O.ol
Olympic Parkway 1.67 0.27
Medical Center Drive 0.29 0.05
Telegraph Canyon Road 0.02 0.00
Off-site Sewer 0.2 0.03
Total Wetland Impact 6.22 1.00
ess Direct Impact Acres Proportion
Non-DIF Elements 7.0 0.64
East Palomar 1.1 0.10
Olympic Parkway 2.5 0.23
Medical Center Drive 0.4 0.03
Telegraph Canyon Road 0 0.00
Off-site Sewer 0 0.00
Total ess Impact 11 1,00
Biological Consutting . Environmental Permitting . Hab~at Restoration. Ecological Management
('-12
08/31/99 TUE 08:46 FAX 619 560 5465
I4J UU3
Consulting costs associated with project work are summarized in the following table by project
phase. Costs are based on contracts for permit processing, required biological surveys and permit
compliance measures, pre-construction mitigation planning, construction and mitigation installation
monitoring, as well as wetland mitigation monitoring and maintenance. Costs include all contracts
presently in effect.
For general biological issues and coordination costs, I have generally allocated these all to the non-
OIF elements since the OIF components were generally clear of all issues other than CSS and
wetlands and much of the general costs are associated with MMRP monitoring elements and map
conditions. Further, the development area, on a per/acre basis dwarfs the roadway improvements.
Please note that I have not allocated costs to work elements which have not commenced. For
instance, it can be reasonably expected that future phases will have similar costs associated with
construction monitoring and CSS mitigatiori as phases already completed.
Project Element Pre-Phase Phase IA Phase IB Phase Ie Total
Pennit Processing. $9,399 $5,943
Biologic Surv~ys $1,779
Permit Compliance $12,415 $1,898 $4,416
Team Meetings and Coord. $7,500
MMRP and Map Conditions $13,150
Construction Monit. $29,194 $25,500
CSS Maint. & Monit. $34,252 $20,857
Conservation Easements $1,934
Wet. Maint. & Monit. $100,306
Total $21,814 $195,956 $50,773 $0 $268,543
Project Element Gen.Bio. Wetlands CSS/Gnat. Coord. Total
Non.DIF Elements $52,982 $86,103 $39,169 $7,500
East Palomar $9,399 $1,972 $5,975
Olympic Parkway $0 $36,598 $13,580
Medical Center Drive $2,599' $6,816 $1,028
Telegraph Canyon Road $0 $438 $0
Off-site Sewer $0 $4,383 $0
Total 564,980 $136,311 $34,252 $7,500 $268,543
If you have any questions on this matter, please call me.
~~d~d
Keith W. Merkel
Principal Consultlnt
Cc: Mike Leach, Leastar
7.:.)
PROJECTfrPJ.CTNAh1E. SUNBOWII
DEVELOPER: FADSTONECOMMUN FIES
INVOICE DATE: 12/31/99
TC JOB NO 9755
100% BILLED
17- Dec -99
THIS IS A LUMP SUM CONTRACT
ORIGINAL
CURRENT
_ TOTAL
TOTAL GROSS
PRIOR
PRIOR
QUA
GDUET'HIS
_ CONTRACT
CONTRACT UNIT
TOTAL QUANTITY
BILLING
QUANTITY
GROSS
THIS
5 -010
NO DESCRIPTION QUANTITY
QUANTITY PRICE
AMOUNT TO DATE
TO DATE
BILLED
BILLINGS
BILLING
BILLING
GRADING ONSITE
-
3
EXCAVATION ON -SITE
5 -011
564000 CY
564000 CY
$1.02
1
CLEAR &GRUB
5 -009
150 AC
15_0 AC
1675.00
5101,250.00
150
5101,250.00
150
5101,250.00
0
50,00
2
MOBILIZATION
5 -010
1 LS
1 LS
ggqqkqqqqq
$125,095.00
100`.
$125,095.00
100%
5125,095.00
0
$0.00
3
EXCAVATION ON -SITE
5 -011
564000 CY
564000 CY
$1.02
$575,280.00
564000
$575,280.00
564000
$575,280.00
0
$0.00
4
EXCAVATION IMPORT BORROW
5-012
1347000 CY
1347000 CY
$1.47
$1,980,090.00
1347000
$1,980,090.00 -
1347000
$1,980,090.00
0
$0.00
5
TRANSITION GRADING
5 -013
12000 CY
12000 CY
$0.94
$11,280.00
12000
511,280.00
12000
511,280.00
0
$0.00
6
PAD GRADING
5-014
330 LT
330 LT
$615.00
$202,950.00
330
5202,950.00
330
5202,950.00
0
$000
7
STREET GRADING
5 -015
930000 SF
930000 SF
$0.10
$93,000.00
930000
$93,000.00
930000
$93,000.00
_
0
50.00
8
REMOVEIRECOMPACT
5 -016
840000 CY
810000 CY
$100
5840,000.00
840000
$840,000.00
840000
$840,000.00
0
$0.00
9
DESILTING BASIN
5 -017
12 EA
12 EA
510.120.00
$121,470.00
12
$121,440.00
12
$121,440.00
0
$0.00
10
SANDIGRAVEL BAGS
2-003
15266 EA
15266 EA
$1.90
129,005.40
15266
$29,005.40
15266
$29,005.40
0
$0.00
11
SILT FENCE (STRAW BALES)
2 -004
2925 EA
2925 EA
$9.95
129,103.75
2925
529,103.75
2925
529,10175
0
$0.00
12
SUBDRAIN
5 -018
8300 LF
8300 LF
$17.58
1145,914.00
8300
1145,91400
8300
1145,914.00
0
$0.00
13
BROW DITCH D-75
5 -019
750 LF
750 LF
$8.20
$6,150.00
750
$6,150.00
750
56,150.00
_
0
$0.00
14
HYDROSEED (BORROW SITE)
5 -020
1808500 SF
1808500 SF
$0.02
$36,170.00
1808500
$36,170.00
1808500
$36,170.00
0
$0.00
15
KEYSTONE RETAINING WALL
5-021
3095 SF
3095 SF
$17.50
$54,16250
3095
$54,162.50
3095
554,162.50
0
$0.00
16
M1L4SONRY RETAINING WALL
5-022
1190 SF
1190 SF
112.30
514,637.00
1190
514,63700
1190
514,637.00
0
$0.00
17
PAVEMENT (ACCESS ROAD) -
5-023
30305 SF
30305 SF
$1.90
$57,579.50
30305
$57,579.50
30305
557,579.50
0
10.00
- 18
V- GUTTER
5-024
9570 SF
9570 SF
13.81
$36,461.70
9570
' $36,461.70
9570
136,461.70
0
$0.00
.: 19
CONSTRUCTION WATER
5 -025
1 LS
I LS
$97,360.00
$97,360.00
100%
597,360.00
100%
197,360.00
0
$0.00
SUBTOTAL GRADING ONSITE
54,556,928.85
$4,556,928.85
$4,556,928.85
5000
-'
POGGICANYON
DETENTION BASIN
100% BILLED
1
CLEAR ,2 GRUB
5 -026
21 AC
21 AC
5820.00
117,220.00
21
$17,220.00
21
$17,220.00
0
50.00
2
REMEDIAL GRADING
5 -027
76000 CY
76000 CY
SI.03
$78,280.00
76000
$78,280.00
76000
S7$280.00
0
$0.00
3
EXCAVATION
5-028
94000 CY
94000 CY
$1.68
$157,920.00
94000
$157,920.00
94000
5157,920.00
0
$0.00
-
SUBTOTAL SITE PREP
DEI' BASIN
$253,420.00
5253,420.00
$253,420.00
50.00
POGGICANYON
-
STORM DRAIN IMPROVEMENT
100% BILLED
-
1
INLET HEADWALL D -32
2-005
1 EA
1 EA
51,110.00
$1,11000
1
$1,110.00
I
51,110.00
0
50.00
2
OUTLET HEADWALL
2 -006
1 EA
1 EA
$1,110.00
$1,110.00
1
SLII0.00
1
51,110.00
0
$0.00
3
24'CMP
2-007
255 LF
255 LF
I3235
$8,249.25
255
$9,249.25
255
$8,249.25
0
$000
4
GROUTED RIP RAP DROP STRUCTURE
2-008
4265 CY
4265 CY
$111.60
$475,974.00
4265
5475,974.00
4265
$775,974.00
0
$0.00
5
GROUTED RIP RAP
2-009
100 CY
100 CY
$IIL60
111,160.00
100
$11,160.00
_
100
$11,160.00
0
$0.00
6
RIP RAP D-40
2 -010
225 CY
225 CY
$47.25
$10,631.25
225
410,631.25
225
SI0,63L25
0
$0.00
-
SUBTOTAL STORM DRAIN DET BASIN
5508,234.50
-
3508,234.50
5508,234.50
$0.00
POGGICANYON
_
RESTORATION
100% BILLED
1
WETLANDS
5-029
I LS
1 LS
1155,315.00
$155,315.00
1
$155,315.00
1,
5755,315.00
0
$0.00
PROIECTrrRACTJ'lAME: SUNBOW II
DEVELOPER: FIELDSTONE COMMUNITIES
INVOrCE DATE: 12131/99
I TC lOB NO.. 9755
100-1. DILLED
17.Dcc.99
Tfns IS A LUMP SUM CONTRACT
ORIGINAL CURRENT TOTAL TOTAL GROSS PRIOR PRIOR QUArfTITY GROSS MIT
CONTRACT CONTRACT UNlT TOTAL QUANTITY BILLING QUANTITY GROSS TInS DUETI-fIS
NO DESCRIPTION QUANTITY QUANTITY PRICE AMOUNT TO DATE TO DATE BILLED BILLINGS BILLfNG BILUNG
SUBTOTAL RESTORATION DET BASIN SI5!li,31!li.OO S15S,3t$.OO S155,3U.00 $0.00
-TOTAL GRADING "RESTORATION - S5,473,898,)5 SS,473.898.35 S5,473,898.35 $000
I'" WIL RELOCATION
100./. BILLED
-----------------.---
16. Wit REMOVAL ),.011 37S0 LF 3750 LF S12.50 S46,87!li.00 3750 $46,875.00 - 3750 $46,87S.00 0 $0.00
POTABLE WATER
100./. BlLLED
------ -----.---..-
2 S.C900CLI50 3..012 5S0 LF 550 LF. S19.S5 SIO,917.50 5SO SIO,917.S0 550 110.911.50 0 $0.00
3 12. C90Q CL200 3..013 40 LF 40 LF $22.90 1916.00 40 1916.00 40 1916.00 0 $000
4 16. C90S CL235 3..014 3605 LF 3605 LF $34.35 Sl23,831.15 3605 1123,831.15 3605 $123,831.75 0 $000
5 FIH ASSY 3..015 lEA 1 EA $3.240.00 '3.240.00 I $3.240.00 1 SJ,24O.00 0 $0.00
6 SOGV 3..016 . EA 8 EA S755.00 $6.040.00 . $6,040.00 8 $6,040.00 0 $0.00
7 12"GV 3.()11 2 EA 2EA $1,160.00 S2,320.00 2 $2,320.00 2 $2,320.00 0 $000
. 16. BFV 3..013 10 EA 10 EA $4,185.00 141,850.-00 10 141.850.00 10 S4I,8!li0.OO 0 ~.OO
9 2" BO ASSY 3"()19 2 EA 2EA Sl,205.00 $2,410.00 2 S2,410.00 2 $2,410.00 0 $0.00
'X' 10 4" AR V ASSY 3-021 5 EA 5 EA $4,610.00 $23.050.00 5 $23.050.00 5 $23,050.00
~ ' 0 $0.00
J
,
, \ SUBTOTAL 16" W/L $261.450.2.5 S261.4SO.2.5 S261.4SO.25 $0.00
PHASE lA IMPROVEMENTS (ro.1AJOR STREE1)
STREET IMPROVEMENTS
100-1. BILLED
1 REMOVEEXC&G 2.024 395 LF 395 LF $4.30 SI.698.50 395 11,698.50 395 11,698.50 0 $000
2 REMOVE EX MEDIAN CURB 2-025 74 LF 74 LF $4.30 $318.20 74 $318.20 74 S318.20 0 1000
3 REMOVE EX MBOR 2.026 320 LF 320 LF $4.05 SI,296.00 320 SI.296.00 320 SI.296.00 0 so 00
5 REMOVE EX BARRIC.WE 2-027 40 LF 40 LF $4,35 S174.00 40 S174.00 40 Sl74,00 0 $000
6 AlC PAVING (5 II2-AC ON 12. AB) 2-028 292565 SF 292565 SF $1.70 $497,360.50 292565 $497,360.50 292S65 $497,360..50 0 $000
7 6" .AJC DIKE W/S" AlC WALK 5..()32 201 LF 201 LF 19.95 SI,999.95 201 11,999.95 201 SI,999.95 0 $000
. 6.C&'O S..()33 8015 LF 8015 LF $6.70 S53,1OO.50 80U S53,700.50 80lS S53,7OO,50 0 $000
9 MEDIAN CURB 5..()34 3500 LF 3500 LF SS.90 $20,650.00 3500 520,650.00 3500 120,65000 0 $0.00
10 PCC SIDEWALK 5"()3!li 57712 SF 57712 SF SI.50 586,S68.OO 57712 $86.568.00 57712 586,!li68.00 0 $0.00
1\ PEDESTRlAN RAMP 5..036 SEA 8 EA S80.00 S640.oo . S640,00 8 S64000 0 $0.00
12 STREET LIGHTS DOUBLE 5..037 lEA lEA $3.1 U.OO 53,115.00 I 53,115.00 1 53,115,00 0 $000
13 STREET LIGHTS S..()38 18 EA 18 EA $2,790.00 150.2'20.00 '8 S50,220.00 II 550,220.00 0 $000
14 CENTERLINE MONUMENTS 5-039 13 EA 13 EA S325.00 14,225.00 13 $4.225.00 13 $4,225.00 0 $000
" BARRICADE REMOVAL 2-031 40LF 40 LF S8.OO $320.00 40 5320.00 40 S32Q,00 0 $000
16 B.4.RRICADE 2..()32 40 LF 40 LF 53.50 5140.00 40 S14O,00 40 1140,00 0 $000
11 lltAFFIC CONTROL 5-079 ILS ILS $4.960.00 $4,960.00 1-. 14,960.00 100-;' $4.960.00 00/. $0.00
SUBTOTAL PHASE IA MAJOR STREET $127,385.65 5721.385.65 S727,385,65 $0.00
PHASE tA IMPROVEMENTS (MAJOR STREET)
STORM DRAIN
E'?( )/1 t.3 fr \') t- r 6
"'-
PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
by and between
ACI SUNBOW, LLC
as "Seller"
and
KAUFMAN AND BROAD COASTAL, INC.
as "Buyerll
CHICAGO TITLE COMPANY
(San Diego, CA)
as "Escrow Holder"
ESCROW # 8352436
.
-\ ,,) "'-1
,c'__
(b) Bv Buver:
(I) Buyer represents to Seller that it is a corporation, duly organized,
validly existing and in good standing under the laws of the State of California and has the power
and authority to enter into and perform the obligations contemplated by this Agreement.
(2) Buyer represents to Seller that this Agreement has been duly
executed and delivered by Buyer, and is a valid and binding obligation of it, enforceable in
accordance with its terms. Neither the entering into this Agreement nor the consummation of
this purchase will constitute a violation or breach by Buyer of any contract or other instrument to
which it is a party, or to which it is subject, or by which any of its assets or properties may be
affected or any judgment, order, writ, injunction or decree issued against or imposed upon it, or
will result in a violation of any applicable law, order, rule or regulation of any governmental
authority. The individual(s) executing this Agreement on behalf of Buyer is authorized to do so
and, upon his (their) executing this Agreement, this Agreement shall be binding and enforceable
upon Buyer in accordance with its terms.
(3) All representations and warranties of Buyer are true and accurate
when made.
(4) There are no attachments, assignments for the benefit of creditors,
receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or any
other debtor relief actions contemplated by Buyer or presently filed by Buyer, nor is Buyer
insolvent within the meaning of California law (nor will Buyer's performance pursuant to the
provisions hereof result in such insolvency), nor to the best of Buyer's knowledge are any such
actions pending in any current judicial or administrative proceeding or have been overtly
threatened against Buyer.
15. CERTAIN TAX AND UTILITY REFUNDS AND REIMBURSEMENT RIGHTS:
(a) Tax Refunds. Buyer acknowledges that Seller has applied for certain tax
adjustments, and that all sums in the nature of tax or assessment adjustments refunded by the
County, if any, for periods prior to the Close of Escrow shall belong solely to Seller. In the event
that any such amounts are refunded subsequent to the time that Buyer has acquired title to the
portion of the Property affected, Buyer shall nevertheless immediately remit such refunded
amounts to Seller.
(b) Park Deposits: Park Gradine:: Park Reimbursements. Seller has deposited the
amount of One Hundred Thousand Dollars ("Park Deposit") with the City in connection with
certain obligations for Greg Rogers Park construction. In the event that the Park Deposit is
refunded by the City, such refund shall be owned by Seller, and ifpaid by City directly to Buyer
instead of Seller, Buyer shall remit same to Seller within five (5) business days after receipt.
(c) DIF Reimbursements. Seller is also entitled, and pursuant to this Agreement will
become further entitled, to certain development impact fee ("OIF") reimbursements in
connection with the City policies therefor in the form of credits ("Development Fee Credits") for
future obligations that can be used in the development and construction of improvements on
portions of Sunbow. Seller agrees to make available to Buyer, and subject to Buyer's rights
32986/206317v6
24
~-j ~..;, )
(" '(' ')
.0 ___.V
pursuant to Sections 3 and 4 hereof, Buyer agrees to acquire and purchase from Seller any and all
Development Fee Credits that may be applicable (whether before or after the date hereof, or
whether before or after the Close of Escrow) to Buyer's development of Residences on the
Property at a price ("Development Fee Credit Component") equal to the face value of such credit
as issued by the City to Seller. The Development Fee Credit Component shall be deemed a
portion of the Purchase Price set forth in Section 6, and shall be paid to Seller as applicable on a
lot-by-Iot basis, in immediately available funds, concurrently with Buyer's entitlement to a
building permit but in no event later than the time Buyer would otherwise be required to pay any
related fees or costs to the City. The categories of Development Fee Credits expected to be
available to Seller as of the date hereof are set forth on Exhibit "H" attached hereto. Buyer's
agreement to acquire additional Development Fee Credits (not otherwise described on Exhibit
"H") shall include Development Fee Credits (not now known or accrued) that may become
available after the date hereof and are applicable to Buyer's development of Residences on the
Property. All Development Fee Credits which Buyer so acquires after the Close of Escrow (in
accordance with this Agreement) shall be paid by Buyer to Seller in immediately available funds
at the time Buyer would otherwise be required to pay any related fees or costs to the City. Seller
agrees to execute and deliver to Buyer, to the extent required by the City, an assignment ("Fee
Credit Assignment") of all Development Fee Credits acquired by Buyer pursuant to this
Agreement, in such form as is reasonably approved by Seller and Buyer. If Buyer pays any
portion of the Development Fee Credit Component in accordance with this Section l5(c) and
Exhibit "H" hereof, and Seller has not secured the Development Fee Credits related thereto in a
manner acceptable to the City ("Unavailable Fee Credits"), then Seller agrees to pay to the City
on behalf of Buyer (and within a reasonable period of time after notification by Buyer) the fee
associated with, and to the extent of the Development Fee Credit Component so paid by Buyer,
the Unavailable Fee Credits.
(d) Survival Provision. The provisions of this Section shall survive the Close of Escrow
and delivery of the Grant Deed to the Property.
16. RESTRICTIONS ON ASSIGNMENT:
(a) Bv Buver. In the event that Buyer contemplates developing the Property by way of a
partnership or similar venture with a financial partner, Buyer shall have the right to assign this
Agreement and its rights under it to such partnership or similar venture so long as Buyer
(i) retains a majority interest in the profits and management of such entity, or (ii) retains a
substantial financial investment in such entity and for all practical purposes "Kaufman and Broad
Coastal, Inc." will control the construction activity with respect to the Property. Moreover,
Buyer shall have the right to assign this Agreement and its rights under it to any business entity
the common stock, partnership interests or membership interests of which is/are owned by Buyer
or Buyer's parent (Kaufman and Broad Home Corporation), or as may be approved by Seller,
such approval to be given or withheld in Seller's sole and absolute discretion. In connection
with any assignment by Buyer, such assignment shall be void and of no force or effect unless the
assignee assumes the obligations of Buyer hereunder in writing, but as between Buyer and Seller
such assumption shall not be in substitution of Buyer's obligations herein undertaken. The
obligations of Buyer and any such assignee shall be joint and several. Notwithstanding anything
to the contrary contained in this Agreement, Buyer may nominate a third party (the "Nominee")
to take title to all or part of the Property at the Closing, subject to the following: (a) unless the
32986/206317v6
25
2-24
5. Cooperation to Facilitate Receipt of Reimbursements. Seller and Buyer shall
reasonably cooperate to facilitate the implementation of the provisions described in this Exhibit
"H" and its sub-parts. Such cooperation may require that joint reimbursement applications be
submitted to the reimbursing entity in order to facilitate the proper disbursement of the funds or
credits.
6. Development Fee Credits.
(a) Ownership of Reimbursements. Seller has accumulated certain
development impact fee reimbursement rights (defined as the "Development Fee Credits" in
Section 15(c) of the Agreement) from the City for constructed improvements on Sunbow in the
form of credits for future financial obligations and/or cash and the same shall be deemed Seller's
sole and exclusive property and entitlement. Pursuant to the terms of this Agreement, including
but not limited to this Exhibit "H", Seller will also accumulate further Development Fee Credits
from the City for the constructed Improvements (as defined in this Exhibit "H") in the form of
credits for future financial obligations and/or cash and the same shall also be deemed Seller's
sole and exclusive property and entitlement
(b) Buyer's Purchase of Development Fee Credits. Pursuant to Section
15( c) of the Agreement, Buyer has agreed to acquire and purchase from Seller any and all
Development Fee Credits that may be applicable to Buyer's development of lots and Residences
on the Property at a price ("Development Fee Credit Component") equal to the face value of
such credit as issued by the City. Such Development Fee Credits, to the extent applicable to the
Property, are estimated to be as follows:
(i) City's Transportation Development Impact Fee Fund. The
Transportation Development Impact Fee Fund credit is estimated at $3,998 per dwelling unit for
a total estimated credit of $811 ,594.
(ii) Otay Water District Fund. The Otay Water District Fund credit is
estimated at $986 per dwelling unit for a total estimated credit of $200, 158.
(iii) City's Sewer DIF Fund. The City's Sewer DIF Fund credit IS
estimated at $400 per dwelling unit for a total estimated credit of $81 ,200.
(iv) Public Facilities DIF-Fire Component. The Public Facilities DIF-
Fire Component credit is estimated at $141 per dwelling unit for a total estimated credit of
$28,623.
(v) Other DIF Credits. Buyer shall also acquire any and all other
credits available to Seller that are applicable to the Property and Buyer's development of the
single family Residences thereon for an amount equal to the face value of said credit.
32986/206317,6
H-2
g.'25
EXHIBIT "H"
TO PURCHASE AGREEMENT
DIF REIMBURSEMENTS
I. Reimbursement Provisions. This Exhibit defines the reimbursement rights of
Buyer and Seller for portions of "Off-Tract Improvement Work" and/or "In-Tract
Improvements" constructed by Buyer pursuant to provisions of the Agreement. Except as
defined below, capitalized terms in this Exhibit have the meaning ascribed thereto in the
Agreement to which this is appended.
2. Construction of Improvements. Buyer shall construct the public improvements
defined in the Purchase Agreement as the "Off-Tract Improvement Work" and the "In-Tract
Improvements" (herein referred to as the "Improvements"), as specifically required by the
Purchase Agreement. The parties assume that the list of Improvements includes public or private
improvements associated or required for the development of the Final Map which may qualify
for reimbursement of construction or other costs from some third party, including, but not limited
to, City and Otay Water District ("OWD"). During the development of the Final Map and the
construction of the Improvements, the parties may become aware of public or private
improvements which are not currently identified as included within the Improvements. If such
shall occur, the Parties shall negotiate in good faith to reach mutual accord on which of those
unknown improvements shall be added to that definition, and those shall thereafter be deemed to
be within the definition of "Improvements" for the purpose of this Agreement. The provisions of
this paragraph shall not change or amend the obligations and rights of Seller or Buyer as
described in the Purchase Agreement.
3. Applications for Reimbursement. Seller shall seek reimbursement, on behalf of
Seller only, for the costs associated with construction of the Improvements. As part of its
cooperation obligations described below, Buyer shall take all actions reasonably necessary to
insure that construction costs for the Improvements qualify for reimbursement, but Buyer shall
not seek any reimbursement, on behalf of Buyer, for the costs associated with construction of the
Improvements. Such actions ("Buyer's Actions") may include timely notifying the appropriate
entity of Seller's intent to seek reimbursement; allowing the reimbursing entity to review plans
and specifications for the Improvement; and delivering to Seller copies of all construction plans
and documents, and all contractor invoices (including a schedule of costs that qualify for
reimbursement and those that do not so qualify), as received. Seller will file, in its discretion, all
documents requested or required by the reimbursing entity for the purpose of obtaining such
reimbursement. The parties assume that such documents will include, but not be limited to,
construction plans for the Improvements; copies of bids from contractors; copies of construction
and other contracts; invoices from contractors actually doing the construction of the
Improvements; and audit reports for each Improvement. Buyer shall reasonably cooperate with
Seller in the applications for reimbursement, which cooperation shall also include but not be
limited to the Buyer's Actions described above.
4. Ownership of Reimbursements. Reimbursement for constructed Improvements
actually received from the reimbursing entity, whether in the form of credits for future financial
obligations or cash shall accrue only to the benefit of, or only be distributed to, Seller.
329861206317v6
H-I
Q oJ,'
D -';:"\C
PURCHASE AND SALE AGREEMENT
AND ESCROW INSTRUCTIONS
(Villages 5 and 6)
by and between
ACI SUNBOW, LLC
as "Seller"
and
CENTEX HOMES
as "Buyer"
CHICAGO TITLE COMPANY
(San Diego, CA)
as "Escrow Holder"
ESCROW # 93100130
" ../
( -. !
promptly deliver written notice to the other party. In such a case, Buyer's sole and exclusive
remedies shall be as follows: (a) to terminate the Escrow and Buyer's obligation to purchase,
and Seller's obligation to sell, the Property in accordance with the provisions of Section 9(c)
hereof; or (b) to elect to purchase and acquire the Property upon the terms and conditions set
forth in this Agreement, subject to the matters which cause the representations and warranties not
to be true in all material respects. In the event Buyer elects to purchase and acquire the Property
pursuant to clause (b) hereof, Seller shall have no liability for, and shall be under no obligation
whatsoever to cure or remedy, any of the matters which cause the representations and warranties
not to be true in all material respects.
(b) Bv Buver:
(1) Buyer represents to Seller that it is a general partnership duly
organized and validly existing under the laws of the State of Nevada and has the power and
authority to enter into and perform the obligations contemplated by this Agreement.
(2) Buyer represents to Seller that this Agreement has been duly
executed and delivered by Buyer, and is a valid and binding obligation of it, enforceable in
accordance with its terms. Neither the entering into this Agreement nor the consummation of
this purchase will constitute a violation or breach by Buyer of any contract or other instrument to
which it is a party, or to which it is subject, or by which any of its assets or properties may be
affected or any judgment, order, writ, injunction or decree issued against or imposed upon it, or
will result in a violation of any applicable law, order, rule or regulation of any governmental
authority. The individual(s) executing this Agreement on behalf of Buyer is authorized to do so
and, upon his (their) executing this Agreement, this Agreement shall be binding and enforceable
upon Buyer in accordance with its terms.
(3) There are no attachments, assigrunents for the benefit of creditors,
receiverships, conservatorships or voluntary or involuntary proceedings in bankruptcy or any
other debtor relief actions contemplated by Buyer or presently filed by Buyer, nor is Buyer
insolvent within the meaning of California law (nor will Buyer's performance pursuant to the
provisions hereof result in such insolvency), nor to the best of Buyer's knowledge are any such
actions pending in any current judicial or administrative proceeding or have been overtly
threatened against Buyer.
15. CERTAIN TAX AND UTILITY REFUNDS AND REIMBURSEMENT RIGHTS:
(a) Tax Refunds. Buyer acknowledges that Seller has applied for certain tax
adjustments, and that all sums in the nature of tax or assessment adjustments refunded by the
County, if any, for periods prior to the Close of Escrow shall belong solely to Seller. In the event
that any such amounts are refunded subsequent to the time that Buyer has acquired title to the
portion of the Property affected, Buyer shall nevertheless immediately remit such refunded
amounts to Seller.
(b) Park Deposits: Park Gradinl!: Park Reimbursements. Seller has deposited the
amount of One Hundred Thousand Dollars ("Park Deposit") with the City in connection with
certain obligations for Greg Rogers Park construction. In the event that the Park Deposit is
34649/216215v7
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If) I ..<' (',
refunded by the City, such refund shall be owned by Seller, and ifpaid by City directly to Buyer
instead of Seller, Buyer shall remit same to Seller within five (5) business days after receipt.
(c) DIF Reimbursements. Seller is also entitled, and pursuant to this Agreement will
become further entitled, to certain development impact fee ("DIF") reimbursements in
connection with the City policies therefor in the form of credits ("Development Fee Credits")
for future obligations that can be used in the development and construction of improvements on
portions of Sunbow. Seller agrees to make available to Buyer, and subject to Buyer's rights
pursuant to Sections 3, 4, 5 and 19 hereof, Buyer agrees to acquire and purchase from Seller any
and all Development Fee Credits that may be applicable (whether before or after the date hereof,
or whether before or after the Close of Escrow) to Buyer's development of single family
residences on the Property at a price ("Development Fee Credit Component") equal to the face
value of such credit as issued by the City to Seller. The Development Fee Credit Component
shall be deemed a portion of the Purchase Price set forth in Section 6, and shall be paid to Seller
as applicable on a lot-by-lot basis, in immediately available funds, concurrently with Buyer's
entitlement to a building permit but in no event later than the time Buyer would otherwise be
required to pay any related fees or costs to the City. The categories of Development Fee Credits
expected to be available to Seller as of the date hereof are set forth on Exhibit "H" attached
hereto. Buyer's agreement to acquire additional Development Fee Credits (not otherwise
described on Exhibit "H") shall include Development Fee Credits (not now known or accrued)
that may become available after the date hereof and are applicable to Buyer's development of
single family residences on the Property. All Development Fee Credits which Buyer so acquires
after the Close of Escrow (in accordance with this Agreement) shall be paid by Buyer to Seller in
immediately available funds at the time Buyer would otherwise be required to pay any related
fees or costs to the City. Seller agrees to execute and deliver to Buyer, to the extent required by
the City, an assigrunent ("Fee Credit Assignment") of all Development Fee Credits acquired by
Buyer pursuant to this Agreement, in such form as is reasonably approved by Seller and Buyer.
If Buyer pays any portion of the Development Fee Credit Component in accordance with this
Section l5(c) and Exhibit "H" hereof, and Seller has not secured the Development Fee Credits
related thereto in a manner acceptable to the City ("Unavailable Fee Credits"), then Seller
agrees to pay to the City on behalf of Buyer (and within a reasonable period of time after
notification by Buyer) the fee associated with, and to the extent of the Development Fee Credit
Component so paid by Buyer, the Unavailable Fee Credits.
(d) Survival Provision. The provisions of this Section shall survive the Close of Escrow
and delivery of the Grant Deed to the Property.
16. RESTRICTIONS ON ASSIGNMENT:
(a) Bv Buver. No assignment of this Agreement or Buyer's rights or obligations
hereunder shall be made by Buyer without first having obtained Seller's written approval of any
such assigrunent, which approval may be withheld in the sole and absolute discretion of Seller.
Notwithstanding the foregoing, Buyer shall have the right to assign this Agreement and the
rights, duties and obligations of Buyer hereunder without the need for obtaining Seller's consent
to any corporation, general or limited partnership, or limited liability company which is a
"Buyer's Affiliate" (as defined following). For purposes of this Subsection 16(a), "Buyer's
Affiliate" shall mean: (i) any corporation in which Buyer or its "parent", Centex Corporation,
346491216215v7
28
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f.-' ...
EXHIBIT "H"
TO PURCHASE AGREEMENT
DIF REIMBURSEMENTS
I. Reimbursement Provisions. This Exhibit defines the reimbursement rights of
Buyer and Seller for portions of "Off-Tract Improvement Work" and/or "In-Tract
Improvements" constructed by Buyer pursuant to provisions of the Agreement. Except as
defined below, capitalized terms in this Exhibit have the meaning ascribed thereto in the
Agreement to which this is appended.
2. Construction of Improvements. Buyer shall construct the public improvements
defined in the Purchase Agreement as the "Off-Tract Improvement Work" and the "In-Tract
Improvements" (herein referred to as the "Improvements"), as specifically required by the
Purchase Agreement. The parties assume that the list ofImprovements includes public or private
improvements associated or required for the development of the Final Map which may qualify
for reimbursement of construction or other costs from some third party, including, but not limited
to, City and Otay Water District ("OWD"). During the development of the Final Map and the
construction of the Improvements, the parties may become aware of public or private
improvements which are not currently identified as included within the Improvements. If such
shall occur, the Parties shall negotiate in good faith to reach mutual accord on which of those
unknown improvements shall be added to that definition, and those shall thereafter be deemed to
be within the definition of "Improvements" for the purpose of this Agreement. The provisions of
this paragraph shall not change or amend the obligations and rights of Seller or Buyer as
described in the Purchase Agreement.
3. Annlications for Reimbursement. Seller shall seek reimbursement, on behalf of
Seller only, for the costs associated with construction of the Improvements. As part of its
cooperation obligations described below, Buyer shall take all actions reasonably necessary to
insure that construction costs for the Improvements qualify for reimbursement, but Buyer shall
not seek any reimbursement, on behalf of Buyer, for the costs associated with construction of the
Improvements. Such actions ("Buyer's Actions") may include timely notifying the appropriate
entity of Seller's intent to seek reimbursement; allowing the reimbursing entity to review plans
and specifications for the Improvement; and delivering to Seller copies of all construction plans
and documents, and all contractor invoices (including a schedule of costs that qualify for
reimbursement and those that do not so qualify), as received. Seller will file, in its discretion, all
documents requested or required by the reimbursing entity for the purpose of obtaining such
reimbursement. The parties assume that such documents will include, but not be limited to,
construction plans for the Improvements; copies of bids from contractors; copies of construction
and other contracts; invoices from contractors actually doing the construction of the
Improvements; and audit reports for each Improvement. Buyer shall reasonably cooperate with
Seller in the applications for reimbursement, which cooperation shall also include but not be
limited to the Buyer's Actions described above.
4. Ownershio of Reimbursements. Reimbursement for constructed Improvements
actually received from the reimbursing entity, whether in the form of credits for future financial
obligations or cash shall accrue only to the benefit of, or only be distributed to, Seller.
34649/216215v7
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5. Cooperation to Facilitate Receipt of Reimbursements. Seller and Buyer shall
reasonably cooperate to facilitate the implementation of the provisions described in this
Exhibit "H" and its sub-parts. Such cooperation may require that joint reimbursement
applications be submitted to the reimbursing entity in order to facilitate the proper disbursement
of the funds or credits.
6. Development Fee Credits.
(a) Ownership of Reimbursements. Seller has accumulated certain
development impact fee reimbursement rights (defined as the "Development Fee Credits" in
Section 15(c) of the Agreement) from the City for constructed improvements on Sunbow in the
form of credits for future financial obligations and/or cash and the same shall be deemed Seller's
sole and exclusive property and entitlement. Pursuant to the terms of this Agreement, including
but not limited to this Exhibit "H", Seller will also accumulate further Development Fee Credits
from the City for the constructed Improvements (as defined in this Exhibit "H") in the form of
credits for future financial obligations and/or cash and the same shall also be deemed Seller's
sole and exclusive property and entitlement
(b) Buver's Purchase of Development Fee Credits. Pursuant to
Section 15( c) of the Agreement, Buyer has agreed to acquire and purchase from Seller any and
all Development Fee Credits that may be applicable to Buyer's development of lots and single
family residences on the Property at a price ("Development Fee Credit Component") equal to
the face value of such credit as issued by the City. Such Development Fee Credits, to the extent
applicable to the Property, are estimated to be as follows:
(i) Citv's Transportation Development Impact Fee Fund. The
Transportation Development Impact Fee Fund credit is estimated at $5,920 per dwelling unit for
a total estimated credit of $1 ,456,320.
(ii) Otav Water District Fund. The Otay Water District Fund credit is
estimated at $1,016.03 per dwelling unit for a total estimated credit of $249,943.38.
(iii) City's Sewer DIF Fund. The City's Sewer DIF Fund credit is
estimated at $400 per dwelling unit for a total estimated credit of $98,400.
(iv) Public Facilities DIF-Fire Component. The Public Facilities DIF-
Fire Component credit is estimated at $141 per dwelling unit for a total estimated credit
of $34,686.
(v) Other DIF Credits. Buyer shall also acquire any and all other
credits available to Seller that are applicable to the Property and Buyer's development of the
single family single family residences thereon for an amount equal to the face value of said
credit.
34649/216215v7
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15 ...',
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING AYRES LAND COMPANY AS
MANAGER OF ACI SUNBOW, LLC TO CONSTRUCT THE
PORTIONS OF EAST PALOMAR STREET IDENTIFIED AND
INCLUDED IN SUNBOW II, PHASES 1B, 1C AND 2A,
AS WELL AS THE POGGI CANYON DETENTION BASIN
INCLUDED IN THE PHASE 1A CONTRACT, AND RECEIVE
CREDIT AGAINST TRANSPORTATION DEVELOPMENT
IMPACT FEES
WHEREAS, the city has received letters dated March 3,
2000 and October 9, 2000 from Ayres Land Company requesting
authorization and Transportation Development Impact Fee credit for
construction of roadway facilities along East Palomar Street from
Medical Center Drive to the easterly boundary of Sunbow II, Phases
1B, 1C and 2A, and for improvements related to Olympic Parkway
construction between Oleander Avenue and Brandywine Avenue,
including drainage basin improvements in Poggi Canyon and
mitigation (general biological, wetlands, CSS) for Phase 1A and 1B
roads; and
WHEREAS, the TDIF ordinance provides a procedure for
issuance of credits or tender of reimbursement offer to developers;
and
WHEREAS, according to section 3.54.040 of the Chula vista
Municipal Code, the developer, upon approval of the estimated cost
by the Director of Public Works, shall be entitled to immediate
credit for 50 percent of the estimated cost of the construction
attributable to the Transportation Facility project; and
WHEREAS, once the developer has received valid bids for
the project which have been approved by the Director of Public
Works, the amount of the immediate credit shall be increased to 75
percent of the bid amount and the immediate credits shall be
applied to the developer's obligation to pay fees for building
permits issued after the establishment of the credit; and
WHEREAS, Ayres Land Company has complied with the
procedural requirements of the TDIF ordinance for credit at the 75
percent level for Sunbow II, Phases lA, 1B and 1C and at the 50
percent level for Sunbow II, Phase 2A; and
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WHEREAS, Ayres Land Company as Manager of ACI Sunbow, LLC
will be eligible to receive up to $2,063,738 at the 75 percent
level and $295,602 at the 50 percent level against required TDIF;
and
WHEREAS, the final amount of credit or reimbursement will
be determined by the Director of Public Works and be based on
actual final costs and the developer will pay all related city
staff costs including those for administration of the TDIF credit
procedure.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula Vista does hereby authorize Ayres Land Company as
Manager of ACI Sunbow, LLC to construct the portions of East
Palomar Street identified and included in Sunbow II, Phases lB, lC
and 2A, as well as the Poggi Canyon Detention basin included in the
Phase lA contract, and receive credit against Transportation
Development Impact Fees.
Presented by
Approved as to form by
.---,
:~~ {fit ~t.eO
John heny
city Attorney
John P. Lippitt
Director of Public Works
[H:\HOME\ATTORNEYIRESQ\ Sunbow TDIF Credit
(November 6, 2000 (1.18pm)]
2
CB ,33
COUNCIL AGENDA STATEMENT
Item q
Meeting Date 11/14/00
ITEM TITLE: Resolution Approving a Joint Use Agreement between the
City of San Diego and the City of Chula Vista and authorizing the
Mayor to execute the agreement.
SUBMITTED BY: Director of Public Worh,l! ~
f91" f!I
REVIEWED BY: City Managery", A' (4/5ths Vote: Yes_Nol)
P'
The City of San Diego has approved a Joint Use Agreement with the City of Chula Vista for
the Otay 2nd Pipeline to be relocated within Olympic Parkway, Paseo Ranchero and the City of
San Diego water easement adjacent to Telegraph Canyon Road, which is also within publicly
maintained open space. The agreement outlines each party's responsibilities and obligations
for that portion of Olympic Parkway, Paseo Ranchero and the easement area that is being used
jointly for public right of way, open space maintenance, the conveyance of water, sewer and
storm drainage.
RECOMMENDATION: That Council approve the resolution approving a Joint Use
Agreement between the City of San Diego and the City of Chula Vista and authorizing the
Mayor to execute the agreement.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
On May 4, 1999, by Resolution No. 19448 the City Council approved a Tentative Subdivision
Map for Chula Vista Tract 96-04A, Otay Ranch SPA One, Village One, Phase 7. Condition
No. 43 requires the developer to relocate the City of San Diego's aqueduct prior to
subdividing Neighborhood R-17.
Phase one of the relocation, approximately 1,500 feet within Olympic Parkway, east of Paseo
Ranchero and within Paseo Ranchero, north of Olympic Parkway is nearing completion. The
City of San Diego has approved the Joint Use Agreement with the City of Chula Vista for the
portion of the aqueduct within Chula Vista's right of way and within the City of San Diego's
easement along Telegraph Canyon Road. The agreement calls for each municipality to
provide for the continued operation of each other's facilities, and states that neither
municipality has prior rights. Tonight's action will finalize the agreement with the City of San
Diego. The agreement, however, becomes effective the earlier of (1) the City of Chula
Vista's acceptance of Paseo Ranchero and Olympic Parkway or (2) upon the City of Chula
Vista's grant of easements to the City of San Diego for the joint use area.
FISCAL IMPACT: None. All staff costs associated with the processing of the Joint Use
Agreement have been funded by a deposit by the Otay Ranch Company.
Attachment 1: Joint Use Agreement between the City of San Diego and the City of Chula Vista
tea/lllS/OO 9:26:25 AM
H:\HOME\ENGINEER\LANDDEV\Aquaduct Joint Use agmt al13 second draft. doc
j. /
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING A JOINT USE AGREEMENT
BETWEEN THE CITY OF SAN DIEGO AND THE CITY OF
CHULA VISTA AND AUTHORIZING THE MAYOR TO
EXECUTE THE AGREEMENT
WHEREAS, on May 4,1999, by Resolution No. 19448 the city
Council approved a Tentative Subdivision Map for Chula vista Tract
96-04A, otay Ranch SPA One, Village One, Phase 7; and
WHEREAS,
relocate the City
Neighborhood R-17;
Condition No.
of San Diego's
and
43 requires the developer to
aqueduct prior to subdividing
WHEREAS, Phase One of the relocation, approximately 1,500
feet within Olympic Parkway, east of Paseo Ranchero and within
paseo Ranchero, north of Olympic Parkway is nearing completion; and
WHEREAS, the City of San Diego has approved a Joint Use
Agreement with the city of Chula vista for the Otay 2nd pipeline to
be relocated within Olympic Parkway, Paseo Ranchero and the City of
San Diego water easement adjacent to Telegraph Canyon Road which is
also within publicly maintained open space; and
WHEREAS, the agreement outlines each party's
responsibilities and obligations for that portion of Olympic
Parkway Paseo Ranchero and the easement area that is being used
jointly for public right of way, open space maintenance, the
conveyance of water, sewer and storm drainage; and
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby approve a Joint Use Agreement
between the city of San Diego and the City of Chula vista, a copy
of which shall be kept on file in the office of the city Clerk.
BE
Chula vista
agreement on
IT FURTHER RESOLVED that the Mayor of the city of
is hereby authorized and directed to execute said
behalf of the city of Chula vista.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
("~ rrv,A < &-vt;
~. A'eiJ QYl ~
Johrll Kaheny
city Attorney
[H:\HOME\ATTORNEY\RESOIOlay 2"' Pipeline Agreement
(November 6, 2000 (11:21am)]
q-2
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tt ~_(;~ \l..~i [r.~ 1
Recording Reqllcsred by and JVhen
Recorded Retllrll ro:
City Clerk
City of Chula vista
276 Fourth Avenue
Chula vista, CA 91910
No transfer tax is due as this is
a conveyance to a public agency of
less than a fee interest for which
no cash consideration has been paid
or received.
> Above Space for Recorder1s Use Only>
JOINT USE AGREEMENT BY AND BETWEEN THE CITY OF CHULA VISTA AND
THE CITY OF SAN DIEGO
ThisJ,JOINI USE AGREEMENT ("Agreement") is made this day
of uL 3 2000 ,2000, by and between the CITY OF CHULA
VISTA, a municipal corporation ("CV"), and THE CITY OF SAN DIEGO,
a municipal corporation ("SD") and is made with reference to the
following facts:
RECITALS
A. WHEREAS, SD is engaged in the activity of conveying water
to the environs of the City of San Diego, State of California, and
is willing to allow relocation and thereafter operate and maintain
facilities for such purpose located in, under and across that
certain right-of-way dedicated or to be dedicated to CV by Otay
Project, LLC ("Otay Ranch") as Olympic Parkway and Paseo Ranchero
and easements south of Telegraph Canyon Road on property located in
San Diego County, California;
B. WHEREAS, CV desires to construct, operate and maintain a
future regional public transportation facility and related
improvements, including but not limited to: sewer and storm drain
pipelines and appurtenances, traffic signals and signal
interconnections, irrigation lines and irrigation control devices
located in, upon, over, under and across the Olympic Parkway and
Paseo Ranchero rights-of-way;
C. WHEREAS, CV will be granted fee interest by Otay Ranch in
that real property south of Telegraph Canyon and will maintain open
space, trails, sewer lines, storm drains and related uses;
f( 293585
DOCUJ\1ENT Nof-~
JUL 3 1 2000
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OFFICE OF Tl-iE CiTY CL::RK
~.'}: C:EGG, CALIFORNIA
D. WHEREAS, portions of the SD water conveyance facility
(Otay 2nd pipeline) located on, about or under Olympic Parkway,
Paseo Ranchero, and Telegraph Canyon Road are or will comprise the
same land which is legally described in Exhibit "A" and shown on
Exhibi t "B" attached hereto, which exhibits are incorporated herein
by this reference. The areas described on Exhibit "A" and shown on
Exhibit "B" are hereinafter referred to as "Joint Use Area". The
configuration of Olympic Parkway within the Joint Use Area is shown
on Map No. 13990 on file in the Office of the County Recorder,
County of San Diego, California (MAPS), which map is incorporated
herein by this reference. The configuration of Paseo Ranchero
within the Joint Use Area is shown on Maps NO.13592 and 13990 on
file in the Office of the County Recorder, County of San Diego,
California (MAPS), which map is incorporated herein by this
reference. The configuration of the open space south of Te17~r~~
Canyon Road within the Joint Use Area is shown on Map No. ~~
on file in the Office of the County Recorder, County of San Diego,
California (MAPS), which map is incorporated herein by this
reference. The configuration of Otay 2nd Pipeline within the Joint
Use Area is shown on those certain approved plans numbers 29940-1-D
through 29940-13-D (Phase 1 Improvements) and 30279-1 to 30279-18-D
(Phase 2 Improvements) on file in the office of SD (Otay 2nd
Pipeline Plans), which plans are incorporated herein by this
reference; and,
E. WHEREAS, Otay Ranch wishes to develop certain property
within CV's city limits commonly known as Otay Ranch Village One
Phase Seven ("Phase Seven") and Village One West;
F. WHEREAS, a condition of Otay Ranch's development of Phase
Seven is the relocation of SD's Otay 2nd Pipeline pursuant to Phase
Seven tentative map condition 43 adopted by CV Council Resolution
19448;
G. WHEREAS, Otay Ranch will perform the actual relocation of
Otay 2nd Pipeline which will result in the placement of Otay 2nd
Pipeline within the Joint Use Area;
H. WHEREAS, CV and SD desire to set forth their respective
rights and obligations in the event of actual or potential present
or future conflicts in the construction, operation or maintenance
of their respective facilities within the Joint Use Area.
NOW, THEREFORE, for valuable consideration, receipt of which
is hereby acknowledged, the Parties hereby agree as follows:
1. Non-Interruption of Use or Operation of Facilities. Each
Party agrees and covenants not to interrupt the use or operation of
the other party's facilities located within that Joint Use area.
Any temporary interference by one Party with the use or operation
of an other Party's facilities shall be made only with the other
Party's prior written consent. SD specifically agrees, except as
2
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provided in paragraph 9 below, that during a~y temporary
interference it will neither cause any lane of Chula vista I 6
roadways to be closed for the entire length of such roads nor cause
the flow of traffic to be reduced to less than two lanes on such
roads. All Parties agree and covenant to work in good faith with
the other Parties to permit such temporary interference, a~d the
Part v whose facilities are being interfered with shall not
unreasonably withhold its consent to such interference. ~~y and
all costs, expenses or losses incurred by the Party whose
facilities are interfered with shall be borne by the Party causing
the interference.
2. Neither Party First in Place. Neither SD nor CV shall be
deemed the "Party First in Place" or prior in time and superior in
title to the other.
3. Future Relocation of Facilities. In the event that future
construction (including expansion), operation or maintenance of SD
or CV's facilities shall cause the need for relocation of some or
all of the other's facilities, the Party causing the relocation
shall bear all costs, expenses and losses of or resulting from the
relocation. Any relocation shall not occur without the prior
written consent of the Party whose facilities are being relocated,
which consent shall not be unreasonably withheld.
4. Effective Date. The effective date of this Agreement
shall be the date CV's City Clerk on behalf of CV accepts Otay
Ranch's dedications for that portion of the Joint Use Area
contained within Parcel "1'." as shown on Exhibits "An and "B" or
unon CV's grant of easement (in a form substantially similar to
EXhibit 'c" attached hereto) to SD for that Joint Use Area in and
about paseo Ranchero whichever occurs earlier.
5. Agreement Binding Upon Successors. This Agreement shall
be bindina unon and inure to the benefit of the reoresentatives,
agents, s~ccessors, assigns and interests of the Parties as to any
or all of the Joint Use Area, until released by the mutual consent
of the Parties.
6. Agreement Runs with the Land. The covenants and terms
contained in this Agreement shall create equitable servitudes on
the property described in Exhibit "An and as shown in Exhibit "Bn.
If such covenants are breached, both Parties shall have the right
to exercise all rights and remedies and to maintain any actions or
suits at law or in equity or other proper proceedi~gs to enforce
the curing of such breach to which either Party or any other
beneficiaries of this agreement and the covenants may be entitled.
7. Quitclaim of Interests by SD. In the event that SD
permanently terminates the use of the Joint Use ~.rea for the
purposes set forth herein, SD shall quitclaim its interests, at no
cost or value, to CV. For purposes of interpreting this Agreement,
,
.)
/'f
r'
?
the term "permanently terminates" shall mean a willful termination
of the use as evidenced by written action or document of either the
governing body or official or employee possessing appropriate
authority of 3D.
8. written Consent for Construction or Placement of
Structures. No Party shall place or construct, or permit the
placement or construction of, any structure, temporary or
permanent, on the Joint Use Area, without the prior written consent
of the other Party. This section shall not prohibit the
installation of trails or landscaping except for trees on or about
the Joint Use Area south of Telegraph Canyon Road.
9. Emergency Repairs. Notwithstanding any contrary
provision of paragraph 1 hereinabove, in the event of damage caused
by an act of God, War, or other casualty, or damage caused under
circumstances where it would be impractical or impossible for one
Party to notify the other Party of the necessity for temporary
interference with the other Party's facilities, the Party creating
the temporary interference may, without notice, enter upon the
Joint Use Area and make emergency repairs to restore its service.
The Party creating the temporary interference shall, however, take
reasonable and prudent measures to protect the installations of the
other Party and minimize such interference, as soon as practically
possible, notify the other Party of such emergency repairs. If
permanent repairs are required after such emergency repairs have
been made, reasonable notice shall be given to the other Party. In
the event of any emergency situation, each Party will make all
reasonable efforts to notify the other prior to such construction
activities.
10. Mutual Indemnification. 3D and CV agree that, except as
provided in Paragraphs 13.e, 13.f, 13.g herein, any rights against
the other, to be indemnified or held harmless from and against
liability, loss, cost, damage and expense arising from (i) any
negligent act or omission of the other, its employees, agents,
contractors, successors and assigns or (ii) the location and
existence of the other's above-described facilities, whether
defective or otherwise, including, but not limited to, any such
loss, cost, damage, liability and expense arising from damage to or
destruction of real and personal property or injury to or death of
any person, shall be determined by the law in effect at the time of
incident giving rise to such liability, loss, cost, damages or
expense; provided, however, that liability and indemnification
obligations shall not be limited in any way by any limitation on
the amount or type of damages, compensation of benefits payable by
or for the other under any Worker's Compensation Acts, Disability
Benefit Acts or other Employee Benefit Acts. Liability to a third
party(ies) shall be divided between 3D and CV in proportion to the
measure of 3D and CV's liability. Notwithstanding the foregoing,
each Party shall hold harmless the other against damage to or
destruction of the indemnitor's facilities caused by an act(s) of
4
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- to
a third party(ies) .
11. Counterparts. This Agreement may be executed in any
number of counterparts, each of which shall be original and all of
which shall constitute one and the same document.
12. Recording. The Parties hereto shall cause this Agreement
to be recorded in the Official Records of the San Diego County
Recorder's Office.
13. Miscellaneous Provisions.
13. a. Notices. Unless otherwise provided in this
Agreement or by law, any and all notices required or permitted by
this Agreement or by law to be served on or delivered to either
Party shall be in writing and shall be deemed duly served,
delivered, and received when personally delivered to the Party to
whom it is directed, or in lieu thereof, when three (3) business
days have elapsed following deposit in the U.S. mail, certified or
registered mail, return receipt requested, first-class postage
prepaid, addressed to the address indicated in this Agreement. A
Party may change such address for the purpose of this paragraph by
giving written notice of such change to the other Party.
CITY OF CHULA VISTA
Department of Public Works/Engineering Division
276 Fourth Avenue
Chula vista, CA 91910
Attn: City Engineer
CITY OF SAN DIEGO WATER DEPARTMENT
600 "B" Street, suite 700
San Diego, CA. 92101-4506
Attn: Leonard Wilson
A Party may change such address for the purpose of this paragraph
by giving written notice of such change to the other Parties in the
manner provided in this paragraph.
13.b. Captions. Captions in this Agreement are
inserted for convenience of reference and do not define, describe
or limit the scope or intent of this Agreement or any of its terms.
13. c. Entire Agreement. This Agreement, together
with any other written document referred to herein, embody the
entire Agreement and understanding between the Parties regarding
the subject matter hereof and any and all prior or contemporaneous
oral or written representations, agreements, understandings, and/or
statements shall be of no force and effect. This Agreement is not
intended to supersede or amend any other agreement between the
j
q.7
Parties unless expressly noted.
13.d. Recitals; Exhibits. Any recitals set forth
above and any attached exhibits are incorporated by reference into
this Agreement.
13.e. Compliance with Laws. Each Party agrees to
comply with all applicable laws, ordinances, governmental
regulations or agreements, regarding the habitat, protected
species, water quality, solid wastes, hazardous wastes, hazardous
materials, toxic substances, and any and all other forms of
pollution or nuisance control (herein collectively referred to as
"Standards") .
13. f. Mutual Indemnification for Abating Violation of
standards by Other Party. Each Party shall indemnify the other
Party for all costs (including, but not limited to consulting,
engineering, mitigation, clean-up, containment, disposal, and legal
costs) incurred by the other Party a result of abating a violations
of Standards in any proceeding before any authority or court, and
paying any fines or penalties imposed because of a violation of any
Standards, which result from a Party failing to comply with the
Standards.
13.g. Mutual Hold Harmless by and between SD and CV.
SD and CV hereby assumes liability for, and shall indemnify and
hold harmless the other from any suit, enforcement action, or claim
resulting from or relating to (1) any alleged violation of
Standards, or (2) all injuries to or death of any persons and loss
of or damages to property, including without limitation, employees
and property of the other, and which relate to any alleged
violation of Standards which would not have arisen but for the
actions, or inactions, of the other.
13.h. Authority of Signatories. 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 and/or other
actions have been taken so as to enable said signatory to enter into
this Agreement.
13.i. Modification. This Agreement may not be
modified, terminated, or rescinded, in whole or in part, except by
written instrument duly executed and acknowledged by the Parties
hereto, their successors, or assigns and duly recorded in the Office
of the San Diego County Recorder.
13.j. Severability. If any term, covenant or
condition of this Agreement or the application thereof to any person
or circumstance shall, to any extent, be invalid or unenforceable,
the remainder of this Agreement,. or the application of such term,
covenant, or condition to person or circumstances other than those
6
9-[3
as to which it is held invalid or unenforceable, shall not be
affected thereby and each term, covenant, or condition shall be
valid and be enforced to the fullest extent permitted by law.
13.k. Preparation of Agreement. No inference,
assumption or presumption shall be drawn from the fact that a Party
or its attorney prepared and/or drafted this Agreement. It shall be
conclusively presumed that both Parties participated equally in the
preparation and/or drafting this Agreement.
(NEXT PAGE IS SIGNATURE PAGE)
7
/;
--I
,
~
I
,
,
SIGNATURE PAGE TO
JOINT USE AGREEMENT BY AND BETWEEN
CITIES OF CHULA VISTA AND SAN DIEGO
IN WITNESS
Agreement to be
f()rth.
WHEREOF, the Parties hereto have caused this
executed the day and year first hereinabove set
CITY OF CHULA VISTA
CITY OF SAN DIEGO WATER
DEPARTMENT
Shirley Horton, Mayor
dner
partment Director
Attest:
Susan Bigelow, city Clerk
Approved as to form:
Approved as to form:
fLlJl?2:!!: ~J
City Attorney
Casey G. Gwinn
City Attorney
By: ~~~
Catherin~ M. Br dle
Deputy Clty Attorney
H,\Hom~\;':to=ey\1\gree\Joi::::.t':se.;:nc
/J 293585
/;( "
8
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EXHIBIT "A"
LEGAL DESCRIPTION
WATER EASEMENT
PARCEL "Au;
A STRIP OF LAND WITHIN PASEO RANCHERO AND OLYMPIC PARKWAY, BOTH AS
OFFERED FOR DEDICATION PER CHULA VISTA TRACT NO. 96-04A, OTAY RANCH,
VILLAGE 1 "A" MAP NO.2, ACCORDING TO MAP THEREOF NO. 13990, FILED IN THE
OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27, 2000, SAID
STRIP OF LAND SHALL BE 50.00 FEET WIDE FROM THE HEREINAFTER DESCRIBED
,
TRUE POINT OF BEGINNING TO THE HEREINAFTER DESCRIBED POINT "A", LYING 25.00
FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED LINE AND SAID STRIP OF LAND
SHALL BE 40.00 FEET WIDE FROM THE HEREINAFTER DESCRIBED POINT "A" TO THE
HEREINAFTER DESCRIBED POINT OF TERMINUS, LYING 20.00 FEET ON EACH SIDE OF
THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE NORTHWESTERLY CORNER OF LOT "M" OF SAID MAP NO.
13990, SAID POINT BEING ON THE SOUTHWESTERLY BOUNDARY OF THAT 100.00
FOOT WIDE STRIP OF LAND KNOWN AS THE SAN DIEGO PIPELINE PER DOCUMENT
RECORDED JUNE 24,1912 IN BOOK 570, PAGE 113 OF DEEDS; THENCE ALONG SAID
SOUTHWESTERLY BOUNDARY AND NORTHERLY LINE OF SAID LOT "M", SOUTH
89016'37" EAST, 58.38 FEET; THENCE LEAVING SAID LINE, SOUTH 44016'37" EAST,
108.94 FEET; THENCE NORTH 77'16'00" EAST, 14.23 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY OF SAID PAS EO RANCHERO; THENCE CONTINUING NORTH
77016'00" EAST, 11.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING
NORTH 77016'00" EAST, 25.00 FEET TO THE INTERSECTION WITH A LINE, PARALLEL
WITH AND 40.00 FEET SOUTHWESTERLY OF, AS MEASURED AT RIGHT ANGLES, THE
CENTERLINE OF PASEO RANCHERO AS SHOWN ON SAID MAP NO. 13990; THENCE
ALONG SAID PARALLEL LINE, SOUTH 12044'00" EAST, 181.48 FEET; THENCE SOUTH
57044'00" EAST, 35.36 FEET TO THE INTERSECTION WITH A LINE, PARALLEL WITH AND
30.00 FEET SOUTHEASTERLY OF, AS MEASURED AT RIGHT ANGLES, THE CENTERLINE
OF OLYMPIC PARKWAY AS SHOWN ON SAID MAP NO. 13990; THENCE ALONG SAID
PARALLEL LINE, NORTH 77"16'00" EAST, 315.21 FEET TO A POINT HEREIN DESIGNATED
AS POINT "AU, SAID POINT ALSO
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PAGE 1 OF 5
q -' I
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EXHIBIT "A"
BEING THE BEGINNING OF A 3030.00 FOOT RADIUS CURVE CONCAVE
NORTHWESTERLY; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 22008'00",1170.49 FEET; THENCE NORTH 55008'00"
EAST, 151.15 FEET; THENCE LEAVING SAID PARALLEL LINE, SOUTH 34052'00" EAST,
20.00 FEET; THENCE SOUTH 7r25'33" EAST, 19.01 FEET TO A POINT ON THE
SOUTHERLY RIGHT-OF-WAY OF SAID OLYMPIC PARfWVAY AND THE POINT OF
TERMINUS.
THE SIDELINES OF THE HEREIN ABOVE DESCRIBED STRIP OF LAND SHALL BE
SHORTENED OR EXTENDED SO AS TO TERMINATE WESTERLY. IN A PERPENDICULAR
LINE TO SAID TRUE POINT OF BEGINNING AND SOUTHERLY IN THE SOUTHERLY
RIGHT-OF-WAY OF SAID OLYMPIC PARfWVAY.
CONTAINING 1.889 ACRES MORE OR LESS.
:kl:lm:\00251213\1egaldesoiptions\a10j>.:4lil-1.lloc:
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PAGE20F5
.7 ")
EXHIBIT "A"
PARCEL "B";
A 40.00 FOOT WIDE STRIP OF LAND WITHIN PASEO RANCHERO AS OFFERED FOR
DEDICATION PER CHULA VISTA TRACT NO. 96-04A, OTAY RANCH, VILLAGE 1 "A" MAP
NO.2, ACCORDING TO MAP THEREOF NO. 13990, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 27, 2000, LYING 20.00 FEET ON
EACH SIDE OF THE FOllOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF SAID MAP NO. 13990; THENCE ALONG
,
THE NORTHERLY BOUNDARY OF SAID MAP NO. 13990, NORTH 50"44'35" EAST, 46.04
FEET TO THE INTERSECTION WITH A LINE, PARAllEL WITH AND 40.00 FEET
SOUTHWESTERLY OF, AS MEASURED AT RIGHT ANGLES, THE CENTERLINE OF PASEO
RANCHERO AS SHOWN ON SAID MAP NO. 13990, SAID INTERSECTION BEING THE
TRUE POINT OF BEGINNING; THENCE LEAVING SAID NORTHERLY BOUNDARY, ALONG
SAID PARALLEL LINE, SOUTH 39"15'25" EAST, 245.33 FEET TO THE BEGINNING OF A
2360.00 FOOT RADIUS CURVE CONCAVE SOUTHWESTERLY; THENCE
SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF
26031'25" A DISTANCE OF 1092.50 FEET; THENCE SOUTH 12044'00" EAST, 138.75 FEET
TO THE POINT OF TERMINUS.
THE SIDELINES OF SAID 40.00 FOOT WIDE STRIP LAND SHALL BE SHORTENED OR
EXTENDED SO AS TO TERMINATE NORTHERLY IN THE NORTHERLY BOUNDARY OF
SAID MAP NO. 13990.
EXCEPTING FROM THE HEREIN DESCRIBED PARCEL "B", ANY PORTION LYING WITHIN
THE HEREIN ABOVE DESCRIBED PARCEL "A".
CONTAINING 1.333 ACRES MORE OR LESS. .
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PAGE 3 OF 5
C,1 I;;;>
- I ;;.,J
EXHIBIT "A"
PARCEL "C":
A 40.00 FOOT WIDE STRIP OF LAND WITHIN PASEO RANCHERO AS OFFERED FOR
DEDICATION PER CHULA VISTA TRACT NO. 96-04A, OTAY RANCH, VILLAGE 1 "A" MAP
NO.1, ACCORDING TO MAP THEREOF NO. 13592, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 24,1998, AND ACCEPTED BY
THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JULY 12,1999 AS FILE NO.
1999-0482462 OF OFFICIAL RECORDS, LYING 20.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF CHULA VISTA TRACT NO. 96-04A,
OTAY RANCH, VILLAGE 1 "A" MAP NO.2, ACCORDING TO MAP THEREOF NO. 13990,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE
27,2000; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID MAP NO. 13990,
NORTH 50"44'35" EAST, 46.04 FEET TO THE INTERSECTION WITH A LINE, PARALLEL
WITH AND 40.00 FEET SOUTHWESTERLY OF, AS MEASURED AT RIGHT ANGLES, THE
CENTERLINE OF PASEO RANCHERO AS SHOWN ON SAID MAP NO. 13990 AND AS
SHOWN ON SAID MAP NO. 13592, SAID INTERSECTION BEING THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID NORTHERLY BOUNDARY, ALONG SAID PARALLEL
LINE, NORTH 39"15'25" WEST, 1200.33 FEET TO THE BEGINNING OF A 2040.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7053'54" A DISTANCE OF 281.22
FEET TO THE BEGINNING OF REVERSE 500.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE LEAVING SAID PARALLEL LINE, NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14002'40" A DISTANCE OF
122.56 FEET; THENCE NORTH 45024'11" WEST, 30.94 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY OF SAID PASEO RANCHERO, SAID POINT BEING ON THE
ARC OF A 2068.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH
62050'18" WEST, SAID POINT ALSO BEING THE POINT OF TERMINUS.
THE SIDELINES OF SAID 40.00 FOOT WIDE STRIP LAND SHALL BE SHORTENED OR
EXTENDED SO AS TO TERMINATE NORTHERLY IN THE WESTERLY RIGHT-OF-WAY OF
PASEO RANCHERO AND SOUTHERLY IN THE NORTHERLY BOUNDARY OF SAID MAP
NO. 13990.
CONTAINING 1.500 ACRES MORE OR LESS.
:kctm:IOO25\273\1egaldesc:riptions\:;l10jl.llla-1.doc:
w.I).OO25-Z73 7f7100
PAGE 4 OF 5
-~! _ .'J
EXHIBIT "A"
PARCEL "0":
A 30.00 FOOT WIDE STRIP OF LAND BEING A PORTION OF LOT "D" OF CHULA VISTA
TRACT NO. 98-06, OTAY RANCH, VILLAGE 1 WEST, "A" MAP NO.1, ACCORDING TO MAP
THEREOF NO. U02CJ FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN
DIEGO COUNTY ON AUG!. :3o,.2OW , LYING 15.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE INTERSECTION OF TELEGRAPH CANYON ROAD AND PASEO
RANCHERO AS SHOWN ON SAID MAP NO. 1401.Q ; THENCE ALONG THE
CENTERLINE OF SAID PASEO RANCHERO, SOUTH 22058'51" EAST, 259.75 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHEASTERLY AND HAVING A RADIUS OF
2000.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 04010'51" A DISTANCE OF 145.94 FEET; THENCE RADIAL FROM
SAID CURVE SOUTH 62050'18" WEST, 68.00 FEET TO A POINT ON THE WESTERLY
RIGHT-OF-WAY OF SAID PASEO RANCHERO, SAID POINT BEING THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID WESTERLY RIGHT-OF-WAY, NORTH 45024'11"
WEST, 218.52 FEET; THENCE NORTH 68001'28" WEST, 107.10 FEET; THENCE SOUTH
89028'32" WEST, 80.15 FEET; THENCE SOUTH 66058'32" WEST, 829.18 FEET TO THE
BEGINNING OF A CURVE CONCAVE NORTHWESTERLY AND HAVING A RADIUS OF
2102.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH
A CENTRAL ANGLE OF 15037'20" A DISTANCE OF 573.13 FEET; THENCE SOUTH
82035'37" WEST, 782.18 FEET; THENCE NORTH 45028'51" WEST, 46.40 FEET TO THE
SOUTHERLY RIGHT-OF-WAY OF SAID TELEGRAPH CANYON ROAD, SAID POINT ALSO
BEING THE POINT OF TERMINUS.
THE SIDELINES OF SAID 30.00 FOOT WIDE STRIP LAND SHALL BE SHORTENED OR
EXTENDED SO AS TO TERMINATE WESTERLY IN THE SOUTHERLY LINE OF SAID
RIGHT-OF-WAY OF TELEGRAPH CANYON ROAD AND EASTERLY IN SAID WESTERLY
RIGHT-OF-WAY OF PASEO RANCHERO.
CONTAINING 1.817 ACRES MORE OR LESS.
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PAGE 5 OF 5
q-h
EXHIBIT IIBII
40' wide water easement
to be granted by
OTA Y RANCH ta SD
PARCEL "8"
.30' wide water easement
ta be granted by
OTA Y RANCH ta SO
PARCEL .0. VILLAGE 1 WEST
~,
Jai
VILLAGE 1
40' wide water esmt
ta be granted by
CV to SO
PARCEL "C.
~
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fj/~Phase 2
~ improvements
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<-
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Exist. 40" pipeline
to be relocated
40' wide water esmt
ta be granted by
OTA Y RANCH to SO
PARCEL .A"
I
\\ E C
II ~ ::..,Vl
11 ....Q 0
11 ti'"O-
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II ~ !:;5:2~
II ....<...
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,- IU
Ii ~ .,>-U
II .. ..Q:cc0::
II 0 o~<
II ll')-oc...
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SO fee strip
ta be granted
to OTAY RANCH
Exist. 40" pipeline
ta be relocated
,/----;
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-----1
'f 1- ~-- ::-~~::----
--.;:.~
,'---- 0 Easement to be
__ vacated by SO
--
--
___ I
--------J
SUNBOW
R'\0134 \0134 Y009,dwg[12201Jul-07 -2000'08'37
cj' - /6
---
---
--
SO fee strip
to be granted
to OTA Y RANCH
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EXH\611 "c"
Recording Requested by and
Please Return to:
City Clerk
City of Chula Vista
P.O. Box 1087
Chula Vista,California 91912
This Instrument Benefits City Only.
No Fee Required.
.... This Spacefor Recorder's Use Only ...
APN(s)
C.V. File No.
GRANT OF EASEMENT
THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called "Grantor", grants to
THE CITY OF SAN DIEGO WATER DEPARTMENT, hereinafter called "Grantee" an easement and
right-of-way to operate, change the size of, improve, reconstruct, relocate, repair, maintain, and use
facilities consisting of the named underground water conveyance facility: "Otay 2nd Pipeline" and
appurtenances thereto, subject, further, to the terms of a Joint Use Agreement ("Agreement") for said
Otay 2nd Pipeline by and between the Grantor and Grantee entered into on
Should this Grant of Easement conflict with any term or provision of the Joint Use Agreement, the Joint
Use Agreement shall control. Grantor represents that, as the owner of the herein-described real
property, Grantor hereby grants to the Grantee, the following real property situated in the City of Chula
Vista, County of San Diego, State of California and more particularly described as follows:
See Exhibit "A" - Legal Description, Attached Hereto and Made a Part Hereof
Grantor and Grantee will exercise only such reserved rights in said land as will not interfere with
or prohibit the free and complete use and enjoyment by Grantee and Grantor, respectively, their
successor or assigns, of the rights hereby granted and as provided in within the said Agreement.
THE CITY OF CHULA VISTA, a municipal corporation
By:
Date:
C:\Otay Ranch\Waterline\SD Waterline Grant Deed.doc
/1 ! - t
EXHIBIT "A"
PARCEL "C":
A 40.00 FOOT WIDE STRIP OF LAND WITHIN PASEO RANCHERO AS OFFERED FOR
DEDICATION PER CHULA VISTA TRACT NO. 96-04A. OTAY RANCH, VILLAGE 1 'A- MAP
NO.1, ACCORDING TO MAP THEREOF NO. 13592, FILED IN THE OFFICE OF THE
COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE 24, 1998, AND ACCEPTED BY
. THE CITY OF CHULA VISTA PER DOCUMENT RECORDED JULY 12, 1999 AS FILE NO.
1999-0482462 OF OFFICIAL RECORDS, LYING 20.00 FEET ON EACH SIDE OF THE
FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE NORTHWEST CORNER OF CHULA VISTA TRACT NO. 96-04A,
OTAY RANCH, VILLAGE 1 "A" MAP NO.2, ACCORDING TO MAP THEREOF NO. 13990,
FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY ON JUNE
27,2000; THENCE ALONG THE NORTHERLY BOUNDARY OF SAID MAP NO. 13990,
NORTH 50'44'35" EAST, 46.04 FEET TO THE INTERSECTION WITH A LINE, PARALLEL
WITH AND 40.00 FEET SOUTHWESTERLY OF, AS MEASURED AT RIGHT ANGLES, THE
CENTERLINE OF PASEO RANCHERO AS SHOWN ON SAID MAP NO. 13990 AND AS
SHOWN ON SAID MAP NO, 13592, SAID INTERSECTION BEING THE TRUE POINT OF
BEGINNING; THENCE LEAVING SAID NORTHERLY BOUNDARY, ALONG SAID PARALLEL
LINE, NORTH 39'15'25" WEST, 1200.33 FEET TO THE BEGINNING OF A 2040.00 FOOT
RADIUS CURVE CONCAVE NORTHEASTERLY; THENCE NORTHWESTERLY ALONG THE
ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 7053'54" A DISTANCE OF 281.22
FEET TO THE BEGINNING OF REVERSE 500.00 FOOT RADIUS CURVE CONCAVE
SOUTHWESTERLY; THENCE LEAVING SAID PARALLEL LINE. NORTHWESTERLY ALONG
THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 14002'40' A DISTANCE Of
122.56 FEET; THENCE NORTH 45.24'11" WEST, 30.94 FEET TO A POINT ON THE
WESTERLY RIGHT-OF-WAY OF SAID PASEO RANCHERO, SAID POINT BEING ON THE
ARC OF A 2068.00 FOOT RADIUS CURVE, A RADIAL LINE TO SAID POINT BEARS SOUTH
62050'18" WEST, SAID POINT ALSO BEING THE POINT OF TERMINUS.
THE SIDELINES OF SAID 40,00 FOOT WIDE STRIP LAND SHALL BE SHORTENED OR
EXTENDED SO AS TO TERMINATE NORTHERLY IN THE WESTERLY RIGHT-Of-WAY OF
PASEO RANCHERO AND SOUTHERLY IN THE NORTHERLY BOUNDARY OF SAID MAP
NO. 13990.
CONTAINING 1.500 ACRES MORE OR LESS,
.li4...:~\2T.I'_""",_...'Il"".'_
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(R-200 1-80)
RESOLUTION NUMBER R-
293585
ADOPTED ON
JUL 3 1 2000
BE IT RESOLVED, by the Council of The City of San Diego, that the City Manager be
and he is hereby authorized and empowered to execute, for and on behalf of said City, a Joint
Use Agreement with the City ofChula Vista, for the operation and maintenance of the Otay 2nd
,"
Pipeline, under the terms and conditions set forth in the Agreement on file in the office of the
City Clerk as Document No. RR-
293585
APPROVED: CASEY GWINN, City Attorney
By (7~ ~~/
Catherine Bradley
Deputy City Attorney
CB:cdk
07111/00
Or.Dept:Water
R-2001-80
-PAGE I OF 1-
')
<~..
Passed and adopted by the Council of the CitY of San Dieoo on
the followin;l vote:
JUL 31 200G
to"
,
YEAS: MATHIS WEAR. KEHOE. STEVENS. WARDEN. STAll1NGS McCARTY. VARGAS.
MAYOR GOt DING.
NAYS: NONE
NOT PRESENT: NONE
AUTHENTICATED BY:
SUSAN GOLDING
Mayor of The City of San Diego, California
CHARLES G. ABDELNOUR
City Clerk of The' CitY of San Diego, California
(SEAL)
By: PEGGY ROGERS
Deputy
No. R.
I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION
293585
JUL 31 2000
, passed and adopted by the Council of The City of San Dieoo, California
on
CHARLES G. ABDELNOUR
City Clerk of The City of San Diego, California
By:
vJ~~
. Deputy
(SEAL)
(.7 -' "~)
COUNCIL AGENDA STATEMENT
Item J 0
Meeting Date 11/14/00
ITEM TITLE:
Resolution Accepting the lowest responsive bids and awarding
contracts as designated for award on Exhibit "A", for the renovation and
expansion work associated with the future Public Works Operations Facility
and Corporation Yard, authorizing the expenditure of funds, and authorizing
the City Manager to execute said contracts
Resolution Authorizing the expenditure of up to $200,000 for the
General Requirements associated with the Corporation Yard
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City ManagefTh,-@J (4/Sths Vote: Yes _ NoX)
On September 26,2000 the City Council passed Resolutions 2000-333 and 2000-334 approving the
rejection, re-bid and award associated with the first set of bids for the Corporation Yard project. On
October 10, 2000, the City Council passed Resolutions 2000-353 and 2000-354 approving the
rejection, re-bid and award associated with the second set of bids. On October 17, 2000, the City
Council passed Resolutions 2000-364 and 2000-365 approving the rejection, re-bid and award
associated with the third set of bids. On October 24,2000, the City Council passed Resolution 2000-
386 approving the award associated with the fourth set of bids. Approval oftonight's first resolution
will accept the lowest responsive bids and award all the contracts as designated for award on Exhibit
"A" covering the remaining trade work associated with the construction of the Corporation Yard
project. The total contract value approved to date is $ 18,305,108. Approval of the second resolution
will authorize the expenditure of up to $200,000 for the general requirements ofthis project.
RECOMMENDATIONS:
That Council: 1) Accept the lowest responsive bids and award contracts as designated for award on
Exhibit "A", for the renovation and expansion work associated with the future Public Works
Operations Facility and Corporation Yard, authorize the expenditure of funds, and authorize the City
Manager to execute said contracts, and 2) Authorize the expenditure of up to $200,000 for the General
Requirements associated with the Corporation Yard project.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Corporation Yard project involves the renovation and expansion of an existing facility that the
City intends to use as its future Public Works Operations Facility and Corporation Yard. On
September 26, 2000 the City Council passed Resolutions 2000-333 and 2000-334 approving the
)0
Page 2, Item: _
Meeting Date: 11/14/00
rej ection, re-bid and award associated with the first set of bids for the Corporation Yard project. On
October 10, 2000 the City Council passed Resolutions 2000-353 and 2000-354 approving the
rejection, re-bid and award associated with the second set of bids. On October 17, 2000 the City
Council passed Resolutions 2000-364 and 2000-365 approving the rejection, re-bid and award
associated with the third set of bids. On October 24,2000, the City Council passed Resolution 2000-
386 approving the award associated with the fourth set of bids. The first resolution with this agenda
statement pertains to the fifth and final set of bids for the Corporation Yard project.
Bid and Award Process for the Fifth Set of Bids:
In preparation for the Public Bid Openings for the projects, Highland placed advertisements soliciting
bids in "The Daily Transcript". The sealed bids were opened at Highland's offices in Chula Vista.
As shown on Exhibit "A", the following trades are being proposed for approval to award:
Trade Item
Contract Total
Bid Opening Date
Roofing
Motorized Projection Screens
Mechanical HV AC
General Conditions
Rough Cleanup
Video Project Documentation
Total
$ 260,176
$ 6,200
$1,791,740
$ 42,090
$ 16,500
$ 24,500
$2,141,206
8/24/00
8/24/00
1117100
1117100
10/17/00
1117100
Roofing
The roofing trade was publicly bid on August 24, 2000 and we received four bids. The apparent low
bidder was identified as non-responsive due to not providing their Bid Proposal on the proper forms
and for not including a bid bond as required per the Bidding Documents. Roejack Roofing, who was
the next responsive low bidder, requested additional time to review the contract documents and secure
the bonding. Highland and the contractor have come to terms and are ready to execute the contract.
Motorized Projection Screens
The Motorized Projection Screens project was publicly bid on August 24, 2000. This bid involves the
purchase and installation of two Motorized Projection Screens. This bid had no effect on the project
schedule and due to an oversight was not included in previous bid award packages.
Mechanical HV AC
This is the third Public Bid round for the Mechanical HV AC Trade Scope. This trade was initially
publicly bid on August 24,2000 as two separate packages: 1) Wet Mechanical piping scope (the wet
scope includes all the plumbing piping and fixtures associated with the system), and 2) Dry Side
Mechanical scope consisting ofthe actual packaged units and components. Due to confusion in the
bid process and conflicting scope descriptions, all bids were rejected at the September 26, 2000
Council meeting and immediately re-bid. Three bid proposals were received and the lowest
responsive bid was listed for award at the October 10, 2000 Council meeting. During the course of
the Council Meeting, Highland and City Staff became aware of a potential formal protest of the bid
results. This package was formally rejected at the October 17, 2000 Council meeting. City Staff,
Highland Partnership and the project Architect (RNL) completely rewrote the Mechanical HV AC
specifications, added clarifYing details to the scope, simplified the bidding documents and redoubled
/(j -I
Page 3, Item: _
Meeting Date: 11/14/00
efforts to solicit potential bidders. The third public re-bid was conducted on November 17,2000 and
resulted in the receipt of five bid proposals with Lemon Grove Sheet Metal as the lowest responsive
bidder.
General Conditions
The General Conditions bid covers trade work usually performed by a General Contractor. This
consists of small trade-related items that come up during the course of construction such as the setting
up of barricades, signage, and general site maintenance and clean up. The General Conditions bid was
let informally, commencing the first week of October and ending on November 7, 2000. Three bids
were received with Gardner Contracting being the lowest responsive bidder. Please note that Gardner
Contracting is not owned or operated by, or affiliated with Mr. David Gardner, a principal at
Highland.
Rough Cleanup
During the second week of September Highland commenced with informal solicitation for Project
Final Cleanup. After numerous phone calls to local contractors, Highland was only able to receive
one bid from Gaza Commercial Services on October 17, 2000. Part of the difficulty in receiving
acceptable bids for this scope hinges on the nature of the work and the types of companies that
perform this work not being able to carry the required amounts and types of insurance. Because we
received only one bid on October 17,2000, Highland attempted to solicit additional bids to insure a
competitive bid, unfortunately they were not successful.
Video Project Documentation
Video documentation is a new construction tool being recommended for use by the City as part of the
Corporation Yard Project and again as part of the proposed Police Facility. In addition to providing
added security.for the project, video documentation provides a recorded "video trial" of the job site,
monitoring equipment and materials as they are moved on to the job site. As a side benefit, the job
site can be accessed via the Internet for remote monitoring. In addition, if approved, this equipment
will also be used to monitor the Police Project when its construction begins. Video, Photo Project
Progress Documentation was informally bid commencing the second week of September and
concluding on October 10, 2000. The original cost estimate was less than $25,000. Therefore,
Highland let this bid informally. Of the potential bidders contacted, only one vendor provided a
detailed proposal, Studio 3G. The proposal is broken into two parts, Equipment/Installation and
Monthly Service Charge to maintain equipment, provide Internet interface with the City of Chula
Vista's homepage and provide periodic still and video stream documentation. Studio 3G's package
proposal was submitted to Highland on November 7,2000.
Exhibit "A" lists the contract amounts that include the bonding costs. Highland staff checked the
references, bonding and insurance capacity of each of the contractors. All references of each low
responsive bidder have been verified and their work has been satisfactory. Additionally, Highland has
met with each of the successful contractors to verifY the scope of work for each. Each trade received
adequate coverage and bid prices are in line with established budgets.
General Requirements:
Staff is also requesting the authorization to expend up to $200,000 for general requirements that occur
during the course of the construction. In a traditional design-bid-build project the City hires a General
Contractor to construct the proj ect. Included in the General Contractor's bid are provisions to address
10 --- J-
Page 4, Item: _
Meeting Date: 11/14/00
general requirements of a job. These general requirements include such items as temporary power,
water to the site, perimeter fencing and more as described on Exhibit "B". These items are normally
included in the General Contractors overhead (plus mark-up) and therefore the City does not usually
see these costs as individual line items. Since the Corporation Yard project is being handled by a
Construction Manager/Constructor (CMe) and not a General Contractor, the CMC, Highland, has or
will arrange for the general requirements during the course of construction. Highland has estimated
these costs at approximately $200,000. With this action Council will authorize the expenditure of
funds up to $200,000 to cover these expenses. The General Conditions contractor will provide the
labor needed to execute the General Requirements.
Financial Statement:
FUNDS REOUIRED FOR CONSTRUCTION
A. Amount of contracts to be awarded plus General Requirements $ 2,341,206.00
B. Contingencies (5%) on bid contracts only $ 107,060.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $ 2,448,266.00
FUNDS AVAILABLE FOR CONSTRUCTION
A. Appropriated Funds $21,699,409.00
B. Funds approved for first, second, third and fourth sets of bids $15,856,842.00
C. Balance $ 3,394,301.00
TOTAL FUNDS AVAILABLE FOR CONSTRUCTION $ 2,448,266.00
Form of Al!reement:
The contracts will be let on the City's standard public works contract form. The City Attorney will
approve the final form of the contracts.
Wal!e Statement:
Contractors bidding this project were not required to pay prevailing wages to persons employed by
them for the work under this project. No special minority or women owned business requirements
were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid
through the sending of the Notice to Contractors to various trade publications.
Environmental Status:
A Negative Declaration (IS-00-52) was prepared for this project pursuant to the provisions ofCEQA.
The Negative Declaration was adopted by the City's Redevelopment Agency on July 11,2000. A
Notice of Determination was posted in the Office of the County Clerk from July 19 through August
18,2000.
FISCAL IMPACT: On August 15, 2000 the City Council approved Resolution 2000-297
appropriating $23,951,213.00 in additional project funds on the new Corporation Yard Project.
Approval of this resolution would authorize the expenditure of $2,448,266.00 to cover the contract
,.'
/0-3
Page 5, Item: _
Meeting Date: 11/14/00
amounts and contingencies associated with all the contracts designated for award on Exhibit "A" and
the General Requirements items listed on Exhibit "B". The construction budget appropriated by the
City Council for this project was $21,699,409. The total value of all the bids approved to date is
$18,305,108. This represents a savings of$3,394,301 or 15.6 %. However, during the construction
phase we will encounter the processing of change orders, which will reduce the savings realized to
date.
Attachments:
Exhibit "A" - Re-Bid Opening Report
Exhibit "B" - General Requirements Items
Contractors' Disclosure Statements
File # 0735-tO-GGI31
H:\SHAREDlENG1NEER\CORPY ARDA W ARD5THAII3.SMN.doc
November 10, 2000 4:43 PM
/o~ tj
EXHIBIT "A"
CITY OF CHULA VISTA CORPORATION YARD PROJECT
REBID OPENING REPORT
Bid
Package
Company
Tradel
Scope
Bid Amount
Bond Amount
Contract Total
Comments
F.3
F.3
F.3
Roejack Roofing
Nelson Roofing Inc.
Letner Roofing Co.
Roofing
Roofing
Roofing
257,600.00
383,415.00
410,000.00
2,576.00
260,176.00
Award
N.4
N.4
N.4
N.4
General Air
Alpha Mechanical
Thermalair
Helm Corporation
Mechanical HVAC
Mechanical HVAC
Mechanical HVAC
Mechanical HVAC
1,810.000.00
1,942,500.00
2,035,000.00
2,140,711.00
Phoenix Construction
Monica Construction
General Conditions
General Conditions
44,751.00
49,500.00
JQ - 5'
City ofChula Vista Corporation Yard
H:\SharedIEngineerIExhibit A _ Rebid Opening Reporl
11/10100
Exhibit "8"
CITY OF CHULA VISTA CORPORATION YARD
GENERAL REQUIREMENTS
DESCRIPTION NOTES
VARIOUS VENDORS
GENERAL REQUIREMENT COSTS
SITE SECURITY & GUARD SERVICE 2,500.00 5 MOS $12.500.00 Req when Equipment Arrives. Est April
PROJECT SIGNAGE 2,000.00 1 LS $2,000.00 Temp Construction Signage
TEMP ROADS & ACCESS (Trench Plates) 5,000.00 1 LS $5,000.00 Could be as CO to existing Contracts
ELECTRIC CURRENT CHARGES 1,500.00 9 MaS $13,500.00 Temp Elect - Generator(s) If No Power Source Close
WATER USAGE CHARGES 550.00 10 MOS $5,500.00 Includes $800 Deposit For Temp Water Meter
TEMPORARY TOilETS 2,000.00 10 MOS $20,000.00
ON SITE SAFETY - CONSULTANT 800.00 10 MaS $8,000.00
TEMPORARY BARRICADES - MATERIALS 6.00 500 LF $3,000.00
TEMPORARY PROTECTION - MATERIALS 5,000.00 1 LS $5,000.00 Temp Coverings over Roof Openings, etc
TEMPORARY RAILINGS 2,500.00 1 LS $2,500.00 Numerous Pits Open Until Equip Install
TEMPORARY PROTECTION - FINISHES 5,000.00 1 LS $5,000.00 Flooring Protection
ADVERSE WEATHER PROTECTION 1,000.00 6 MO $6,000.00 Cover/Protect Exposed Construction/Stored Materials
PEST CONTROL PRIOR TO MOVE IN 5,000.00 1 LS $5,000.00 Per Richard Thompson
REIMBURSABLE COSTS
TRAVEL 100 10 MO $1,000,00
TEMPORARY OFFICES & FURNISHINGS
OWNER OFFICES 1,500 LS $1,500.00 8'x24' Site Trailer - Req by Samir
BLUEPRINTiNG
BID DRAWINGS 35,000 1 LS $35,000.00
BID SPECS/MISC. COPIES 7,500 1 LS $7,500.00
BID DOCUMENT POSTAGE 5,000 1 LS $4,000.00
BID ADVERTISEMENTS 5,000 1 LS $8,000.00
CONSTRUCTION DOCUMENTS 25,000 1 LS $25,000.00
BLUEPRINTING - SHOP DRAWINGS 5,000 1 LS $5,000.00
FINAL AS-BUILT DOCUMENTS AND COPIES 7,500 1 LS $7,500.00
TELEPHONE SERVICE - SETUP - OWNER/ARCH I 3,500 1 LS $3,500.00 Telephone Service to 8'x24' Site Trailer - 3 Lines
DRINKING WATER 300.00 10 MaS $3,000.00
FIRST-AID SUPPLIES 200.00 10 MaS $2,000,00
SMALL TOOLS AND SUPPLIES 400,00 10 MaS $4,000,00
TOTAL 20,000.00 10 MOS $200,000
Reviewed by Richard Thompson 3 Nov 00
lo-G
Exhibit B Gen'l Req used at 11_14 Council Mtg,xls: Building Detail
- Page 1 of 1-
Print Date: 11/10/00; 3:34 PM
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or
financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
I. List the names of all persons having a financial interest in the property which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
RoejacklRoofing Inc., contractor
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a
$1000 investment in the business (corporation/partnership) entity.
Mitchell Roe, President
If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
N/A
4. Please identify each and every person, including any agents, employees, consultants, or independent contractors who
you have assigned to re::-resent you before the City in this matter.
N/A
5. Has any person* associated with this contract had any financial dealings with an official** of the City of Chula Vista
as it relates to this contract within the past 12 months" Yes No X
Form L - Disclosure Statement
Bid Package
Page lof2
/0-7
If yes, briefly describe the nature of the financial interest the official** may have in this contract?
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the Chula
Vista City Council? Yes No X If yes, which Council Member(s)?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of
Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula
Vista City Council? Yes No X If yes, which Council Member(s)?
8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in th.
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No X If yes, which Official(s) and what was the nature of the item provided?
Date:
Auqust 24, 2000
l'J,' [Ii. (}
/ ~- if, ,; L- ~C,'Y-....:.-i...-.~-.,,;:t----'
Signature of Contractor/Applicant
John N. Diamond, Vice President
Print or Type Name of Contractor/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association. social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district. or other political subdivision, or any
other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor. Council Member, Planning Commissioner. Member of a Board, Commission or
Committee of the City, Employee, or Staff Members.
Fonn L - Disclosure Statement
Bid Package
Page2of2
/0 - 5/
SIP-06-1000 10:58
From-HIGHLAND PARTNERSHIP INC,
61848828ro
T-156 P 002/003 F-833
IRE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01. prior to any action upon maners which will require discretionary action by the
Council, Planning Commission and all other official bodies of the City. a statement of disclosure of cenain ownership or
financial interestS, payments. or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
I. List the names of all persons havmg a financial interest in the property which is the Subject of the application or the
contract. e.g.. owner. applicant. contraClOr. subcontractor. material supplier.
~/IPr
2. If any'person" identified pursUatlt to (I) above is a corporation or parmership. list the names of all individuals with a
SIOOO investment in the business (eorporation/partnership) entity.
AJ I 4-
If any person" identified purSUant to (1) above is a non-profit organization or truSt. list the names of any person
serving as direclOr of the non-profit organization or as trustee Or beneficiary or truslor of the lrust.
U!fr
4. Please identify each and every person. including any agents. employees. consultams. or independent comtactors who
you have assigned [0 represent you before the City in this matter.
O<",.hrr~ Wn 1=FM .<+rJ
lerf'sl.i. morlall
J
La IILj S+e. Vt:n 'S
5. Has any person" associaled with lhis conlracl had any financial dealings wilh an officiXal" of the City of Chula Vista
as it relates to thIS contract wllhlD the past 12 months" Yes No _.
Form L - DiSc!aSiJre S~atc:rr.em
Bid Package'
Page I of2
/0 - c;
SIP-OS-IOOO 10:59
From-HIGHLAND PARTNERSHIP INC,
619mmo
T-lSS P OOl/OOl F-ill
If yes. briefly describe the nature of the financial intereStlhe officiaJu may have in this contract?
6. HaVe you made a contribution of more than $250 wi~e pastlwelve (12) months to a CUrrent member of lhe Chula
Vista City Council" Yes No If yes, which Council Member(s)?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of
Directors) made contribution totaling more than $1.000 9ver the past four (4) years to a CUrren! member of the ChuJa
Vista City Council" Yes No ,~ _ If yes. which Council Member(s)?
8. Have you provided more than $300 (or an item of equivalent value) to an office.. of the City of Chula Vista in th.
past twelve (12) months? ~T 's includes being a SOurce of income, money to retire a legal debt, gift. Joan, etc.)
Yes No _ ~ If yes, which OfficiaJ(s) and what was the nature oflhe item provided?
........
Date:
q/C/hJ
( I
~
e r
Print or Type Name of Contractor/Applicant
(oiL: Spec.,pedYrudu{!...fsj LItJC
. PerSQn is defined as; any individual. firm. co-pannership, joim venrurt:. association. social club, fratemal org3niz3.tion,
corporation, estate. trust, receivl!:r, syndicate. any other county. city. municipality_ district. or other political subdivision. or any
other group or combination acting as a unit.
** Official includtS. but is not limited to: Mayor. Council Member. Planning Commissioner, Member of a Board. Commission or
Committee of the City, Employee, or Staff Members.
Form L - Di$l;JoSUte Statement
Bid Pa('kag~
Pag:e2of2
/0- /0
" .
THE CITY OF CHULA VISTA DISCLOSURE STA TBfEJI.'T
(
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the
Coce:,L DI2nnicg ComP.1ission and all other official bodies of the City. a statement of disclosure of cenain owner>hip elf
financial interests. payments. or campaign contributions for a City of Chula Vista election must be filed. The following
infonnation must be disclosed:
I. List the names of all persons having a financial interest in the property" hich is the subject of the application or the
contract. e.g.. o"ner, applicant, contractor, subcontractor, material supplier.
NONF
2. If any person' identified pursuant to (I) above is a corporation or pannership, list the names of all individuals with a
$1000 investment in the business (corporation/partnership) entity.
NONE
~
3. If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the truSI.
NONE
4. Please identify each iL.d every person, including any agents, employees, consultants, or independent contractors who
you have assigned to represent you before the City in this matter.
N/A
5. Has any person' associated with this contract had any financial dealings with an official" of the City of Chula Vista
as it relates to this contract within the past 12 months? Yes No XX
(
Form L - Disclosure Statement
Bid Package
Page Iof2
la-/(
If yes, briefly describe the nature of the financial interest the official.. may have in this contract"
~/~
6. Have you made a contribution of more than S250 within the past t'Welve (12) months to a current member of the Chula
Vista City Council" Yes No XX If yes. v.hich Council Member(s)O
7. Haw you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of
Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula
Vista City Council? Yes No XX If yes, which Council Member(s)?
8. Have you provided more than $300 (or an item of equivalent value) to an office.. of the City of Chula Vista in thl
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No X X If yes, which Official(s) and what was the nature of the item provided"
Date: SEPT. 20, 2000
l>j
SIgnature of Contractor/Applicant
RICK R. VON GOTTBERG, PRESIDENT
Print or Type Name of Contractor/Applicant
LEMON GROVE SHEET METAL WORKS, INC.
.
Person is defined as: any individual. firm, co-partnership, joint venture. association. s.ocial club, fraternal organization.
corporation, estate. rrust. receiver, syndicate. any other county. city, municipality, district, or other political subdivision. or any
other group or combination acting as a unit.
.. Official includes, but is not limited to: Mayor. Council Member. Planning Commissioner. Member of a Board. Commission or
Committee of the City, Employee. or Staff Members.
Form L - Disclosure Statement
Bid Package
Page 2 of2
10 - /,;;L-
THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 10 1-0 I, prior to any action upon matters which will require discretionary action by the
Council, Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or
financial interests, payments, or campaign contributions for a City of Chula Vista election must be filed. The following
information must be disclosed:
I. List the names of all persons having a financial interest in the property which is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
--f}V!%r=r- 5- GarPN r
M(rM~ L 6rt1rPMy-
2. If any person' identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with a
$1000 investment in the business (corporation/partnership) entity.
p/Ar
3. If any person' identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
}I (A;-
4. Please identify each and every person, including any agents, employees, consultants, or independent contractors who
you have assigned to represent you before the City in this matter.
IJ-{~..s 6;A,-R /.Lv-
5. Has any person' associated with this contract had any financial dealings with an official'* of the City of Chula Vista
as it relates to this contract within the past 12 months7 Yes No x:::
I'
Fonn L - Disclosure Statement
Rebid Package
Page 1 01'2
/0- /3
If yes, briefly describe the nature of the financial interest the official** may have in this contract~
tJA-
. (I
6. Have you made a contrIbution of more than $250 within the past twelve (12) months to a current member of the Chula
Vista City Council1 Yes No'><: If yes, which Council Member(s)~
Vr- /
7. Have you or any member of your governing board (i.e. Corporate Board of Directors, Executives, non-profit Board of
Directors) made contribution totaling more than $1,000 over the past four (4) years to a current member of the Chula
Vista City Council? Yes No V If yes, which Council Member(s)?
/Y /74-
I I
8. Have you provided more than $300 (or an item of equivalent value) to an office** of the City of Chula Vista in the
past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No XJ If yes, which Official(s) and what was the nature of the item provided?
(
#/rr
Date:
/~ .16 .tJv
,~ xt-,-~
Signature of Contractor/ App Icant
~ 9r G~""/~
Print or Type Name of Contractor/Applicant
*
Person is defined as: any individual, firm, co-partnership, joint venture, association, social club, fraternal organization,
corporation, estate, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, or any
other group or combination acting as a unit.
** Official includes, but is not limited to: Mayor. Council Member, Planning Commissioner, Member of a Board, Commission or
Committee of the City, Employee, or Staff Members.
Form L - Disclosure Statement
Rebid Package
Page 2 of2
/o-/<!-
FROM
FAX NO. :
AU9. 18 2000 03:28PM P2
.. .... ,~....... .~ - .,
NOV-07-ee 18.27 FROM.Highland Partnership Inc. 10.8192342870
I'/loe
ati
THll" CITY OF CHlJLA VISTA DISCLOSlJRF: STATEMENT
PunolWlt to C~ PoliCy 10 1-0 I, ptior 10 any ac;jon Upon maIlerS Which will requite Cli!;Cretioll3Iy action oy II1e
CotU1eil. l'lanning Cornmissioo aDd all other official bodies of !be Ci<:y. a ow_.'" of d~"",,~ of c_ =hip
or fin~i..J in=. paymenu, or ~ colllIlbUllons for a City of ChuIa Vlsra electIon mIlS! be flier.;!. Ill.
follawlQg ll:lfOlm<illolllllU$t be dlsciosed: .
1. List llIe names of all persons: havlng :2 tin.,.,..',' interest in thio propeny wliic:b is the subject of tile application or !.be
COnllllCt, e.g., OWlll!I, applicam. comnctor, subcomractor, marerial supplier.
Raul R. GarCia DBA
Gaza Commercial S~rvices
2. If my person* identified punuant to (l) above is a cojpOrlllion or partnership. list the mm.. of oJl individuals with
a $1000 invesmrem In th<l business (cojpOr.ttionfpartnerSbip) entity.
N/A
3. If =y pcrson* idcmificd jlUTitWlt to (I) WI>VC .. .. Don-profit organization OI" mm. li:ol: the llilIllCS of my f""'OIl ,
.serving as director of rbc non-profit orgrn;7l'tnOD or as t:rusto::: Dr bcnc:ficiaIy 0(" truster r::1f 1:hc UUSl_
. N/A
4. Please identify sach a.nd overy person, including any agent8, employees, cotlBul'lal1ls, or independent cD!1I:ra.I"",,,
who you have ass~ to represent YOll before the City in this matzcr.
N/A
~
S. H... any petSOn~ ll$sociared with this COIlUIlCt had any financial dealings with an offICial'. of the City of Chula
Vista as it rclatc:$ to tbi. ..,,,t<aC( witlUn the l"':ot l:l molllbs? Yes No X
Fann L - DiOll..... swemem
_dP~
Papl""
/0--/5
FROM
FAX NO. :
A~9. 18 2000 03:29PM P3
u..,...o....
NOV-07-a0 1~'28 f~OH,Ki9hland P_rtnersh,p Inc, ID,6182342870
FAGE
3/4
If yes, briefly d@seribe!he Illlture Qf the financial interesl tile Olficla!" ~y have in tili. "ontra.,?
N/A
IS - Have you ~ a eoftlnOulion of mo... th<on $2SO within lb. pa.\c lwelve (l2) nzontbs to a CUIIem member of the
CIUlla Vista City Council? Yes No x If yes. which Council Memhe:r(s)?
7 _ Have you or any member ot YOll1' govemJng OO!ltd (J_e. CarporatoJ BOA.td af Directors. SUQ1rtiv.... n<>n-profit l:loard
o. Di=) made conlribntion tc>taIlng 1l1Ore !hOD Sl.ooo over the pas' four (4) years to a ourrent member of the
. Chnla VI~m Oty Cotmcll? Yes-No J{ Irye., wblob COWICll Member(~)?
8. H"ve yOu provided more tban $300 (or all ltern DC e<lU1vil1em value) to an olfice.~ of tile City ot Clll1la VI!aa in tlle
past twelve (lZ) IlI01llllS? (Tills 1ncludes belng a SOUIl:e or iI:come_ money [0 reti::"e" Jegal <!Bl)'. gll'!_ 10m. etc->
Yes No X fr yes. wllic.h Officllll(s) a.ncl What was tI1e namre of lll.e !rem provided? .,
Dale:
November 08, 2000
g!t!! -'
Raul R. Garcia
Print or Type Name of Co=~r/Applicant
Folm L - Dis:losure STlItemem
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1-10-2000 3,27PM
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RESOLUTION NO
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE
BIDS AND AWARDING CONTRACTS AS DESIGNATED FOR
AWARD ON EXHIBIT "A", FOR THE RENOVATION AND
EXPANSION WORK ASSOCIATED WITH THE FUTURE
PUBLIC WORKS OPERATIONS FACILITY AND
CORPORATION YARD, AUTHORIZING THE EXPENDITURE
OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACTS
WHEREAS, on September 26, 2000, the City Council
approved Resolutions 2000-333 and 2000-334 approving the
rejection, re-bid and award associated with the first set of bids
for the Corporation Yard Project; and
WHEREAS, on October 10, 2000, the City Council approved
Resolutions 2000-353 and 2000-354 approving the rejection, re-bid
and award associated with the second set of bids for the
Corporation Yard Project; and
WHEREAS, on October 17, 2000, the City Council approved
Resolutions 2000-364 and 2000-365 approving the rejection, re-bid
and award associated with the third set of bids for the
Corporation Yard Project; and
WHEREAS, on October 24, 2000, the City Council approved
Resolution 2000-386 approving the award associated with the
fourth set of bids; and
WHEREAS, on August 24, 2000, at Highland Partnership's
offices, bids were received for Roofing and Motorized Projection
Screens; and
WHEREAS, on October 17, 2000, at Highland Partnership's
offices, bids were received for Rough Clean Up; and
WHEREAS, at 2:00 p.m. on November 7, 2000, at Highland
Partnership's offices, Highland received bids for Mechanical
HVAC, General Conditions and Video Project Documentation; and
WHEREAS, the bid received from J. P. Witherow for
roofing services was found to be non-responsive because the
bidder failed to submit a bid bond or certified check as required
by the City Charter on public works bids of more than fifty
thousand dollars; and
1
IO-ICJ
WHEREAS, Exhibit "A" lists the contract amounts
covering some of the trade work associated with the construction
of the Corporation Yard Project; and
WHEREAS, Highland staff checked the references, bonding
and insurance capacity of each of the contractors and all
references of each low responsive bidder have been verified and
their work has been satisfactory; and
WHEREAS, a Negative Declaration (IS-00-52) was prepared
for this project pursuant to the provisions of CEQA and was
adopted by the Redevelopment Agency on July 11, 2000; and
WHEREAS, contractors bidding this project were not
required to pay prevailing wages to persons employed by them for
the work under this project; and
WHEREAS, no special minority or women owned business
requirements were necessary as part of the bid documents,
however, disadvantaged businesses were encouraged to bid through
the sending of the Notice to Contractors to various trade
publications.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept the lowest responsive bids
and award contracts as designated for award on Exhibit "A", for
the renovation and expansion work associated with the future
Public Works Operations Facility and Corporation Yard.
BE IT FURTHER RESOLVED the City Council hereby
authorizes the expenditure of $2,448,266.00 to cover the contract
amounts and contingencies associated with the contracts.
BE IT FURTHER RESOLVED that the city Manager of the
City of Chula vista is hereby authorized and directed to execute
said contracts.
Presented by
Approved as to form by
~~~AdP
City Attorney
John P. Lippitt
Director of Public Works
H:\Home\Attorney\Reso\CorpYardS
2
!O-;?o
Bid
Package Company
EXHIBIT "A"
CITY OF CHULA VISTA CORPORATION YARD PROJECT
REBID OPENING REPORT
Tradel
Scope
Bid Amount
Bond Amount
Contract Total
Comments
F.3
F.3
F.3
Roejack Roofing
Nelson Roofing Inc.
Letner Roofing Co.
Roofing
Roofing
Roofing
257,600.00
383.415.00
410.00000
2,576.00
N19IJ:~~~~~~:2:!~~~g~t!Q1~~~~~:!lImi:::tlhTJ]fuil~1mJmj.~~mijtJi1ill;:lJK~~m~\~;;0 "'.',
J.1 Specified Products Projection Screens
MECHANICp.,.LOJ:lyp.,C. ... ;Wi1::;;D.."........~
N.4 Lemon Grove Sheet Metal
N.4 Genera! Air
N.4 Alpha Mechanical
N.4 Thermalair
N.4 Helm Corporation
GENERAL .COt'!pITlONS.~~;::...
Gardner Contracting
Phoenix Construction
Monica Construction
ROUGH CLEAN UP
Gaza
VIDEO PROJECT DOCUMENTATION
Studio 3G
.t~'...::~,;-2:C ,..,.,
City of Chula VI~ta Corporat'on Yard
"""i:;.',
"</::;:;<c); "'"'
6,200.00
"""'7e'. ",'c"""9'.""~..".'.-,'r
",.;.".:::Eilii:da,;E,Js;sslLL'j::i:2iJ';.,';
Mechanical HVAC
Mechanical HVAC
Mechamcal HV AC
Mechanical HV AC
Mechanical HVAC
1,774,000.00
1.810,000.00
1,942.500.00
2.035.00000
2.140.711.00
17,740.00
"~"'''':''''.''''''''''~:'~'';'"''
;<:;:.;;i:;;;;~~i:; ;;'., ''''''
General Conditions
General Conditions
General Conditions
42,090.00
44.75100
49.500.00
Rough Clean Up
16,500.00
. ,.'~. ,.C..,._ ~'''\'' ."--,
Video Project Doc.
24,500.00
~ -;:':". ',-;;'SUBTOTACCONfRACT AMOU'NTS
"..,..'-"....'",."'--',;__,,'"-'",,_......_~"'_..-. ...,.o.,."",,,.~~,,~..,,_, .._....... ..-'....,"'. ,_ ..-,-._~. _, _" .
""_....;-;.:"'PREVious CONTRACTED AMOUNTS
;, ..d.;,.c""'"'''';t..;:.,.....".,l>"..'............,..,......".....,..'_.,.,.., '..iL..."....,..,,~...",.._.. "'.'._", .. _"
, ",!:CrrAL.C(5NTRACT ,AMClUl'lTSTO DATE
(0-;;(
0.00
0.00
0.00
260,176.00
6,200.00
1,791,740.00
42,090.00
16,500.00
24,500.00
.2,141;206,00
:1'5;006;516.44
17,147,722,44
Award
Award
Award
Award
Award
H \Shar~d'.Enqlneer'E.nl!)11 A. Rebid Open,nq Reporl
11.110100
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE EXPENDITURE OF UP
TO $200,000 FOR GENERAL REQUIREMENTS
ASSOCIATED WITH THE CORPORATION YARD PROJECT
WHEREAS, staff is requesting authorization to expend up
to $200,000 for general requirements that occur during the course
of the construction of the Corporation Yard; and
WHEREAS, in a traditional design-bid-build project, the
City hires a general contractor to construct the proj ect and
included in the general contractor's bid are provisions to address
general requirements of a job; and
WHEREAS, these general requirements include such items as
temporary power, water and fencing to the site; and
WHEREAS, because these items are normally included in the
general contractor's overhead (plus mark-up), the City does not
usually see these costs; and
WHEREAS, the Corp Yard is being handled by a Construction
Manager/Constructor, Highland, who has or will arrange for the
general requirements to be handled during the course of
construction; and
WHEREAS, Highland has est imated these costs will be
approximately $200,000 and with this action Council will authorize
the expenditure of funds up to $200,000 to cover these expenses.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
city of Chula vista does hereby authorize the expenditure of up to
$200,000 for general requirements associated with the Corporation
Yard project.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
~~_-/M'
J, M. Kaheny
CJ.ty Attorney
[H-\HOME\ATTQRNEYIRESO\ Corp Yard General Condilions Expenditure
{November 9. 2000 (227pmj]
/0-- :w-
RESOLUTION NO
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING THE LOWEST RESPONSIVE
BIDS AND AWARDING CONTRACTS AS DESIGNATED FOR
AWARD ON EXHIBIT "A", FOR THE RENOVATION AND
EXPANSION WORK ASSOCIATED WITH THE FUTURE
PUBLIC WORKS OPERATIONS FACILITY AND
CORPORATION YARD, AUTHORIZING THE EXPENDITURE
OF FUNDS, AND AUTHORIZING THE CITY MANAGER TO
EXECUTE SAID CONTRACTS
WHEREAS, on September 26, 2000, the city Council
approved Resolutions 2000-333 and 2000-334 approving the
rejection, re-bid and award associated with the first set of bids
for the Corporation Yard Project; and
WHEREAS, on October 10, 2000, the city Council approved
Resolutions 2000-353 and 2000-354 approving the rejection, re-bid
and award associated with the second set of bids for the
Corporation Yard Project; and
WHEREAS, on October 17, 2000, the City Council approved
Resolutions 2000-364 and 2000-365 approving the rejection, re-bid
and award associated with the third set of bids for the
Corporation Yard Project; and
WHEREAS, on October 24, 2000, the city Council approved
Resolution 2000-386 approving the award associated with the
fourth set of bids; and
WHEREAS, on August 24, 2000, at Highland Partnership's
offices, bids were received for Roofing and Motorized projection
Screens; and
WHEREAS, on October 17, 2000, at Highland Partnership's
offices, bids were received for Rough Clean Up; and
WHEREAS, at 2:00 p.m. on November 7, 2000, at Highland
Partnership's offices, Highland received bids for Mechanical
HVAC, General Conditions and Video Project Documentation; and
WHEREAS, the bid received from J. P. Witherow for
roofing services was found to be non-responsive because the
bidder failed to submit a bid bond or certified check as required
by the City Charter on public works bids of more than fifty
thousand dollars; and
1
WHEREAS, Exhibit "AU lists the contract amounts
covering some of the trade work associated with the construction
of the Corporation Yard project; and
WHEREAS, Highland staff checked the references, bonding
and insurance capacity of each of the contractors and all
references of each low responsive bidder have been verified and
their work has been satisfactory; and
WHEREAS, a Negative Declaration (IS-DO-52) was prepared
for this project pursuant to the provisions of CEQA and was
adopted by the Redevelopment Agency on July 11, 2000; and
WHEREAS, contractors bidding this project were not
required to pay prevailing wages to persons employed by them for
the work under this project; and
WHEREAS, no special minority or women owned business
requirements were necessary as part of the bid documents,
however, disadvantaged businesses were encouraged to bid through
the sending of the Notice to Contractors to various trade
publications.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby accept the lowest responsive bids
and award contracts as designated for award on Exhibit "AU, for
the renovation and expansion work associated with the future
Public Works Operations Facility and Corporation Yard.
BE IT FURTHER RESOLVED the city Council hereby
authorizes the expenditure of $2,448,266.00 to cover the contract
amounts and contingencies associated with the contracts.
BE IT FURTHER RESOLVED that the City Manager of the
city of Chula vista is hereby authorized and directed to execute
said contracts.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
~4f~-T~
City Attorney
H:\Home\Attorney\Reso\CorpYardS
2
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE EXPENDITURE OF UP
TO $200,000 FOR GENERAL REQUIREMENTS
ASSOCIATED WITH THE CORPORATION YARD PROJECT
WHEREAS, staff is requesting authorization to expend up
to $200,000 for general requirements that occur during the course
of the construction of the Corporation Yard; and
WHEREAS, in a traditional design-bid-build project, the
city hires a general contractor to construct the project and
included in the general contractor's bid are provisions to address
general requirements of a job; and
WHEREAS, these general requirements include such items as
temporary power, water and fencing to the site; and
WHEREAS, because these items are normally included in the
general contractor's overhead (plus mark-up), the city does not
usually see these costs; and
WHEREAS, the Corp Yard is being handled by a Construction
Manager/Constructor, Highland, who has or will arrange for the
general requirements to be handled during the course of
construction; and
WHEREAS, Highland has estimated these costs will be
approximately $200,000 and with this action Council will authorize
the expenditure of funds up to $200,000 to cover these expenses.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby authorize the expenditure of up to
$200,000 for general requirements associated with the Corporation
Yard project.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
~(~~ffier
Clty Attorney
[H:\HOMEIATTORNEYIRESO\ Corp Yard General Conditions Expenditure
(November 9, 2000 (2:27pm)]
COUNCIL AGENDA STATEMENT
Item {I
Meeting Date 11/14/00
ITEM TITLE:
Resolution Accepting Bids and Awarding Contract for the
"Olympic Parkway Street Improvements, Oleander Avenue to Brandywine
A venue in the City of Chula Vista, CA (STM-344)" Project.
Director of Public WorksA.J)~
{ii'- err
City Manager (,J'9'2- (4/Sths Vote: Yes_No.K)
SUBMITTED BY:
REVIEWED BY:
At 2:00 p.m. on November 1, 2000 in Conference Room 3, the Director of Public Works received
sealed bids for the "Olympic Parkway Street Improvements, Oleander Avenue to Brandywine
Avenue in the City of Chula Vista, CA (STM-344)" Project. The general scope of the project
involves the construction of curb, gutter and sidewalk, the reconstruction of the existing pavement
and other work necessary to complete the project from Oleander A venue to Brandywine A venue to
meet the Olympic Parkway construction to the east.
RECOMMENDATION: That Council Accept Bids and Award the Contract for the "Olympic
Parkway Street Improvements, Oleander A venue to Brandywine A venue in the City of Chula Vista,
CA (STM-344)" Project to West Coast General Corporation, in the amount of $1,974,280.26.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Funds for this project were budgeted in the FY 1999-2000 Capital Improvements Program (CIP)
Budget for the construction of street improvements in conjunction with the construction of Olympic
Parkway to the east. The work to be done consists of grading, installing curb, gutter and sidewalk
improvements, asphalt concrete pavement, storm drain and sewer improvements, streetlights and
traffic control.
Rick Engineering prepared the drawings, specifications. McGill Martin Self, Inc. coordinated the
review of the plans and specifications for the City. City staff advertised the project. Staff received
and opened bids on November I, 2000.
11- I
Page 2, Item
Meeting Date 11/14/00
The City received bids from eight contractors as follows:
CONTRACTOR BID AMOUNT
1. West Coast General Corporation $1,974,280.26
2. Pullman Engineering, Inc. $1,984,853.70
3. Archer Western $2,096,796.50
4. Hazard Construction $2,213,210.70
5. Mesa Construction $2,393,605.80
6. Wier Construction $2,452,466.52
7. Scheidel Contracting $2,535,250.00
8. J.D. Paving, Inc. $2,942,415.96
The low bid of $1,974,280.26 is below the Engineer's estimate of $2,465,419 by $491, 138.80 or less
than 20%. Staff's bid estimate was based on average prices for similar type work completed during
the last two years. Recent bids have consistently been below the engineer's estimate. Our estimate
for this project reflected the average bid price for the project. Engineering staff checked the
references provided by the contractor. A 20% contingency instead of the usual 10% was proposed
for this project because of possible construction changes involving noise mitigation structures. It is
also anticipated that soils tests at pavement sub-grade level may require a thicker pavement section
than was estimated.
All contractor references were verified and their work has been satisfactory. Staff has reviewed the
low bid and is recommending awarding the contract to West Coast General Corporation of Lakeside,
California.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement.
Environmental Status
The City Council adopted the Mitigated Negative Declaration (IS-00-42) for the project on October
24, 20000.
A copy of the Mitigated Negative Declaration (IS-00-42) is available in the City Engineer's office for
review.
/ J - 2
Page 3, Item
Meeting Date 11/14/00
Wage Statement
Contractors bidding this project were not required to pay prevailing wages to persons employed by
them for the work under this project. No special minority or women owned business requirements
were necessary as part of the bid documents. Disadvantaged businesses were encouraged to bid
through the sending of the Notice to Contractors to various trade publications.
FISCAL IMPACT:
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount $1,974,280
B. Contingencies (20%) $394,856
C. Staff Costs (Design & Inspection) $75,000
D. Soils & Materials Testing $100,000
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $2,544,136
FUNDS A V AILABLE FOR CONSTRUCTION
A. DIFrRANS Funds $2,700,000
TOTAL FUNDS A V AILABLE FOR CONSTRUCTION $2,700,000
Upon completion of the project, the improvements will require only routine City street maintenance.
Attachment: Contractor's Disclosure Statement
File No. 0735-IO-STM344
JRH:jrh
H:\HOME\ENGINEER\AGENDA \STM344A 113JRH ,doc
': ''/
J
CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary action by the Council,
Planning Commission and all other official bodies of the City, a statement of disclosure of certain ownership or financial
interests, payments, or campaign contributions for a City of Chula Vista election must be f1led. The following information
must be disclosed:
1. List the names of all persons having a fmancial interest in the property that is the subject of the application or the
contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
NONE
2. If any person* identified pursuant to (1) above is a corporation or partnership, list the names of all individuals with
a $1000 investment in the business (corporation/partnership) entity.
NONE
3. If any person* identified pursuant to (1) above is a non-profit organization or trust, list the names of any person
serving as director of the non-profit organization or as trustee or beneficiary or trustor of the trust.
NONE
4. Please identify every person, including any agents, employees, consultants, or independent contractors you have
assigned to represent you before the City in this matter?
NONE
5. Has any person* associated with this contract had any fmancial dealings with an official** of the City of Chula
Vista as it relates to this contract within the past 12 months. Yes No---1L-
H:\HOME\ENGINEER\ADMIN\CONTRACTlSTM344.12)
21
,I / L!
CITY OF CHULA VISTA DISCLOSURE STATEMENT
If Yes, briefly describe the nature of the fInancial interest the official** may have in this contract?
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current member of the
ChuIa Vista City Council? No.!.. Yes _ If yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives, non-profIt Board
of Directors made contributions totaling more than $1,000 over the past four (4) years to a current member of the
Chula Vista City Council? Yes_ No-X....-
If Yes, which Council member?
8. Have you provided more than $300 (or an item of equivalent value) to an official"" of the City of ChuIa Vista in
the past twelve (12) months? (This includes being a source of income, money to retire a legal debt, gift, loan, etc.)
Yes No...lL
If Yes, which official"" and what was the nature of item provided?
~l_ -/ _,z-~
Signature of Contractor/Applicant
Dana K. Ferrell, President
Dare: September 27, 2000
West Coast General Corporation
Print or type name of Contractor! Applicant
"
Person is dermed as: any individual, fIrm, co-partnership, joint venture, association, social club, fraternal organization,
corporation, estale, trust, receiver, syndicate, any other county, city, municipality, district, or other political subdivision, -or
any other group or combination acting as a unit.
""
Official includes, but is not limited to: Mayor, Council member, Planning Commissioner, Member of a board, commission,
or committee of the City, employee, or staff members.
H:\HOME\ENGINEER\ADMIN\CONTRACl\STM344.12)
22
11-5
RESOLUTION NO.
RESOLUTION OF
CHULA VISTA
CONTRACT FOR
IMPROVEMENTS,
AVENUE IN THE
344)" PROJECT
THE CITY COUNCIL OF THE CITY OF
ACCEPTING BIDS AND AWARDING
THE "OLYMPIC PARKWAY STREET
OLEANDER AVENUE TO BRANDYWINE
CITY OF CHULA VISTA, CA. (STM-
WHEREAS, at 2:00 p.m. on November 1, 2000 in Conference
Room 3, the Director of Public Works received the following eight
sealed bids for the "Olympic Parkway Street Improvements, Oleander
Avenue to Brandywine Avenue in the City of Chula vista, Ca. (STM-
344)":
CONTRACTOR BID AMOUNT
L West Coast General Corporation $1,974,280.26
2. Pullman Engineering, Inc. $1,984,853.70
3. Archer Western $2,096,796.50
4. Hazard Construction $2,213,210.70
5. Mesa Construction $2,393,605.80
6. Wier construction $2,452,466.52
7. Scheidel contracting $2,535,250.00
8. J.D. Paving, Inc. $2,942,415.96
WHEREAS, the low bid of $1,974,280.26 is below the
Engineer's estimate of $2,465,419 by $491,138.80 or less than 20%
and staff's bid estimate was based on average prices for similar
type work completed during the last two years; and
WHEREAS, Engineering staff checked the references
provided by the contractor and all references were verified and
their work has been satisfactory; and
WHEREAS, staff has reviewed the low bid
recommending awarding the contract to West Coast
Corporation of Lakeside, California; and
and is
General
WHEREAS, the city Council adopted the Mitigated Negative
Declaration (IS-00-42) for the project on October 24, 2000; and
1
11-0
WHEREAS, contractors bidding this project were not
required to pay prevailing wages to persons employed by them for
the work under this project and no special minority or women owned
business requirements were necessary as part of the bid documents,
however, disadvantaged businesses were encouraged to bid through
the sending of the Notice to Contractors to various trade
publications.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula vista does hereby accept bids and award contract for
the "Olympic Parkway Street Improvements, Oleander Avenue to
Brandywine Avenue in the City of Chula Vista" to West Coast General
Corporation in the amount of $1,974,280.26.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
contract on behalf of the City of Chula vista.
Presented by
Approved as to form by
(3~.~( ~~r'i4L
John M. Ka~ny'
City Attorney
John P. Lippitt
Director of Public Works
[H:\HOMEIATTORNEY\RESO\ Olympic Parkway Bid
(November 3, 2000 (3:49PM)]
2
I; -7
COUNCIL AGENDA STATEMENT
Item f 1...
Meeting Date 11/14/00
ITEM TITLE:
Resolution Ordering the Summary Vacation of a 10 foot
pedestrian access easement within a portion of Lot "A" of Map 13845,
Assessors Parcel No. 643-350-10.
Resolution Accepting a 10 foot pedestrian access easement
within a portion of Lot "A" of Map 13845, Assessors Parcel No. 643-
350-10.
SUBMITTED BY: Director of Public workrJi
REVIEWED BY: City Manager ~~ (4/5ths Vote: Yes_No.K)
J"oar-
A request has been received to vacate and relocate a 10 foot pedestrian access easement within
the property, owned by The Otay Ranch Company. In accordance with Chapter 4, Section
8335 of the State Streets and Highways Code, this type of vacation may be performed
summarily through adoption of resolutions ordering said summary vacation and relocation of
such easements.
RECOMMENDATION: That Council adopt the resolutions ordering the summary
vacation and the acceptance of the 10 foot pedestrian access easements within Assessors Parcel
No. 643-350-10.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
On August 30, 2000, The Otay Ranch Company, owner of property at Assessors Parcel No.
643-350-10, submitted an application to the City to vacate and relocate the 10 foot pedestrian
access easement within this parcel (see attached exhibits).
The 10 foot pedestrian access easement in Lot "A" was granted and accepted, by the City of
Chula Vista on September 14, 1999 as shown on Map 13845. The easement will be relocated
due to the need for pedestrian access along Telegraph Canyon Road. The original location of
the easement conflicts with an entry monument and a wall that has been constructed by the
developer. The pedestrian access easement will be relocated to avoid the monument and wall.
Chapter 4, Section 8330(a) of the California Streets and Highways Code states that an
easement may be summarily vacated if the easement has been superseded by relocation and
there are no other public facilities located within that easement.
/2- I
Page 2, Item_
Meeting Date 11/14/00
All utility companies as well as the Planning and Building Division have been notified of this
vacation and relocation proposal and have no objection.
Upon recordation of the resolution of vacation and acceptance of the 10 foot pedestrian access
easement the full use of the vacated easement will revert back to the current owner since the
easement was granted for pedestrian access purposes only and the vacated easement will no
longer constitute a pedestrian access.
FISCAL IMPACT: None. The costs related to the processing of this request for vacation
are being paid for by a deposit of monies by the applicant under the City's Full Cost Recovery
System.
Attachments: Exhibit "A" - Legal description of easement to be vacated
Exhibit "B" - Plat of easement to be vacated
Exhibit "C" - Legal description of easement to be dedicated
Exhibit "D" - Plat of easement to be dedicated
H:IHOMEIENGINEERILANDDEVIOTA YRNCHIAl13 PV077-tme.doc
12.2.
EXHIBIT "A"
LEGAL DESCRIPTION
PEDESTRIAN EASEMENT V ACA TlON
BEING A PORTION OF LOT "A" OF CHULA VISTA TRACT NO. 96-04 ACCORDING TO
MAP THEREOF NO. 13845 RECORDED IN THE OFFICE OF THE SAN DIEGO COUNTY
RECORDER ON SEPTEMBER 14, 1999 BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
BEING ALL OF THAT 10.00 FOOT WIDE PEDESTRIAN ACCESS EASEMENT AS
GRANTED TO THE CITY OF CHULA VISTA AS SHOWN ON SAID MAP NO. 13845.
Y R. LUNDSTROM
R.C.E. 21245 Expires 09/30/01
/2,3
R2000-417
EXHIBIT "B"
P.D.B.
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LAKES ROAD I
ESTABLISHED PER
DOC. REC. 2-5-90 AS
FILE NO. 90-064524 _~.~___ ----f---.- tV
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~ 8 72'- - - EXIST. PEDESTRIAN
15 DRAINAGE ACCESS EASEMENT
EASEMENT PER PER MAP NO 1 JB45
MAP NO 13845 TO BE VACATED
OTAY
AREA 01' P<oES'1RWI
ACCESS EASEMENT - 2.J92 SF
- 0.055 AC.
BASIS OF BEARINGS
THE BASIS OF BEARINGS FOR THIS MAP IS THE
CALIFORNIA GRID BEARING BETWEEN STA nON
5072 AND STATION 5073 OF THE CITY OF
CHULA VISTA GEODETIC CONTROL NETWORK AS
SHQWH ON RECORD OF SURVEY NO. 14841.
BEARINGS SHOWN HEREON ARE IN TERMS OF
THE CALIFORNIA GOORDINA TE SYSTEM ZONE 6,
BASED LDCALL Y ON FIRST ORDER STATIONS
5072 AND 5073. (i.e. N67"30'S9"E )
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CURVE: DATA TABLE
RADIUS LENGTH DELTA
Cl 140.00' 57.00' 23'19'40"
C2 150.00' 51.15' 19032'10"
CJ 40.00' 21.74' J1'07'59"
C4 J.OO' 4.65' 88'51'56"
C5 JO.OO' 12.90' 24"J7'59"
C6 50.00' J7.J8' 42"49'49"
C7 140.00' 47.74' 19032'11"
150.00' 61.07' 23"19'40"
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NORTHWESTWL Y
I/. OF LOT A'
aT A Y RANCH
VILLAGE 5, UNIT I LOT 'A'
MAP NO. 13845
LEGEND
c=J
EXIST. PEDESTRIAN
ACCESS EASEMENT
OEOICA TED PER MAP
13845 TO BE VACATED
PROPOSED 10' PEDESTRIAN
ACCESS EASEMENT
I\\\\\~
NOTE:
EXISTING EASEMENTS SHOWN /'OR
INFORMATION ONL Y. REFER TO RECORDED
MAP FOR PARTICULARS.
"""
"'''
........
VICINITY MAP !
N.T.S.
CITY OF CHULA VISTA
PEDESTRIAN ACCESS EASEMENT FOR
GTAY RANCH VILLAGE 5, UNIT 1 LOT 'A'
CD~1D
R~CORDERS F /P
MAP
ICAU
DA'"
-- ..,
..0. 110.
1" .,. 40'
MAY 2J, 2000
R~C. 0>\1F
lID. DA'"
.......... llUI'I
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IN, 520-01 \OWC\iSMT-.PlJl,T
EXIllBIT "C"
PEDESTRIAN ACCESS EASEMENT FOR
OTAY RANCH VILLAGE 5, UNIT 1 LOT 'A'
A PORTION OF LOT 'A' OF OTA Y RANCH VILLAGE 5, UNIT I, CHULA VISTA TRACT NO.
96-04, ACCORDING TO THE MAP THEREOF NO. 13845 AS RECORDED IN THE OFFICE OF
THE COUNTY RECORDER OF THE COUNTY OF SAN DIEGO ON SEPTEMBER 14, 1999 ALL
IN THE CITY OF CHULA VISTA COUNTY OF SAN DIEGO, STATE OF CALIFORNIA SAID
PORTION BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWESTERLY CORNER OF SAID LOT' A', SAID POINT ALSO
BEING ON THE SOUTHERLY RIGHT-OF-WAY OF OTAY LAKES ROAD, ESTABLISHED PER
DOCUMENT RECORDED FEBRUARY 5, 1990 AS FILE NO. 90-064524, CENTERLINE OF
SAID OTAY LAKES ROAD BEARING NORTH 55036'17" EAST; THENCE LEAVING THE
SAID RIGHT-OF-WAY ALONG THE NORTHWESTERLY LINE OF SAID LOT 'A' SOUTH
34023'43" EAST 33.05 FEET TO THE TRUE POINT OF BEGINNING: THENCE LEAVING SAID
NORTHWESTERLY LINE OF SAID LOT 'A' NORTH 59023'47" EAST 9.39 FEET TO THE
BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 140.00
FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 57.00 FEET THROUGH A
CENTRAL ANGLE OF 23019'40"; THENCE NORTH 36004'07" EAST 22.29 FEET TO THE
BEGINNING OF A CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 150.00
FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 51.15 FEET THROUGH A
CENTRAL ANGLE OF 19032'10"; THENCE NORTH 55036'17" EAST 60.16 FEET TO THE
BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF 40.00
FEET; THENCE NORTHEASTERLY ALONG SAID CURVE 21.74 FEET THROUGH A
CENTRAL ANGLE OF 31007'59" TO THE BEGINNING OF A COMPOUND CURVE, HAVING
A RADIUS OF 3.00 FEET, A RADIAL LINE TO SAID POINT HAVING A BEARING OF SOUTH
65031' 47" EAST; THENCE NORTHEASTERLY ALONG SAID CURVE 4.65 FEET THROUGH A
CENTRAL ANGLE OF 88051 '56" TO A POINT OF NON-TANGENCY ON SAID SOUTHERLY
RIGHT-OF-WAY OF OTAY LAKES ROAD, A RADIAL LINE TO SAID POINT HAVING A
BEARING OF SOUTH 25036'17" WEST; THENCE ALONG SAID RIGHT-OF-WAY OF OTA Y
LAKES ROAD NORTH 55036' 17" EAST 23.29 FEET, TO A POINT ON A NON-TANGENT
/'2,"5
CURVE, CONCA VE SOUTHEASTERLY, HAVING A RADIUS OF 30.00 FEET, A RADIAL
LINE TO SAID POINT HAVING A BEARING OF NORTH 52035'33" WEST; THENCE
LEAVING SAID RIGHT-OF-WAY SOUTHWESTERLY ALONG SAID CURVE 12.90 FEET
THROUGH A CENTRAL ANGLE OF 24037' 59" TO THE BEGINNING OF A REVERSING
CURVE, HAVING A RADIUS OF 50.00 FEET, A RADIAL LINE TO SAID POINT HAVING A
BEARING OF SOUTH 77013'32" EAST; THENCE SOUTHWESTERLY ALONG SAID CURVE
37.38 FEET THROUGH A CENTRAL ANGLE OF 42049'49"; THENCE SOUTH 55036' 17" WEST
60.16 FEET TO THE BEGINNING OF A CURVE, CONCAVE SOUTHEASTERL Y, HAVING A
RADIUS OF 140.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 47.74 FEET
THROUGH A CENTRAL ANGLE OF [9032'11"; THENCE SOUTH 36004'07" WEST 22.29 FEET
TO THE BEGINNING OF A CURVE, CONCAVE NORTHWESTERLY, HAVING A RADIUS OF
150.00 FEET; THENCE SOUTHWESTERLY ALONG SAID CURVE 61.07 FEET THROUGH A
CENTRAL ANGLE OF 23019'40"; THENCE SOUTH 59023'47" WEST 8,72 FEET TO A POINT
ON THE WESTERLY PROPERTY LINE OF SAID LOT 'A'; THENCE ALONG SAID
WESTERLY PROPERTY LINE OF SAID LOT 'A' NORTH 34023'43" WEST 10.02 FEET, TO
THE TRUE POINT OF BEGINNING.
~~
R.C.E. 21245 Expires 09/30/01
/2 -b
Ct C7 _
~V'#:~".( -"11 - -~ EXIST. PEDESTRIAN
15 DRAINAGE ACCESS EASEMENT
EASEMENT PER PER MAP ND. 1 JB'5
/.lAP NO. 1 JB'5 TO BE VACATED
P.D.B.
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EXHIBIT "0"
OTAY
LAKES
ROAD
ESTABLISHED PER
DOC. REC. 2-5-90 AS
FILE NO. 90-064524 Q.R.
01'",
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NORTHWESTfRL Y
I/. OF LOT A'
OTA Y RANCH
VIUAGE 5, UNfT I LOT 'A'
MAP NO, 13845
LEGEND
I\\\\\~
EXIST. PEDESTRIAN
ACCESS EASEMENT
DEDICATED PER MAP
UB.5 TO BE VACATED
PROPOSED to' PEDESTRIAN
ACCESS EASEMENT
ARfA OF PEDESTRIAN
ACCESS EASDiDIT - 2,J92 SF
- 0.055 AC.
BASIS OF BEARINGS
THE BASIS OF BEARfNGS FOR THIS MAP IS THE
CALIFORNIA GRID BEARING BETWEEN STATION
5072 AND STATION 507J OF THE CITY OF
CHULA VISTA GEODETIC CONTROL NETWORK AS
$HOWH ON RECORD OF SURVEY NO, 1.f.841.
BEARINGS SHOWN HEREON ARE IN TERMS OF
THE CALIFORNIA COORDINATE SYSTEM ZONE 6.
BASED LOCALLY ON FIRST ORDER STATIONS
5072 ANO 507J. 0... N6rJO'59"E )
NOTE:
EXISTING EASEMENTS SHOWN FOR
INFOR/.IA TION ONLY. REFER TO RECORDED
MAP FOR PARTICULARS.
~
Cl
~
~
~
CURVE DATA TABLE
RADIUS
Cl 1'0.00'
C2 150.00'
CJ 40.00'
C' J.OD'
C5 JO.OO'
C6 50.00'
C7 140.00'
CB 150.00'
-::::/?:::="
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-
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- -
~,
........
-
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........
VICINITY IMP !
N.TS.
CITY OF CHULA VISTA
PEDESTRIAN ACCESS EASEMENT FOR
OTAY RANCH VILLAGE 5, UNIT 1 LOT 'A'
In. DATW
H~.JUIIII
RECORDfRS rjP
-
-..
DATW
_.. IIY
..0. 110.
REC. ~rr
/2-7
LENGTH DELTA
57.00' 2YI9'.0"
51.15' '9'32"0"
21.74' 31'07'59-
'.65' BB'5/ '56"
12,90' 2"J7'59"
J7.J8' 42'49'49"
47.74 ' 19"J2'11-
61.07' 23'19'40"
ca--.TD
,- - 40'
MAY 2J, 2000
IN- 510-01 \OWC\fSl,lr-PIM
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ORDERING THE SUMMARY VACATION OF A
10-FOOT PEDESTRIAN ACCESS EASEMENT WITHIN
ASSESSORS PARCEL NO. 643-350-10
WHEREAS, the Otay Ranch Company submitted an application
to the City to vacate the 10 foot pedestrian access easement within
Assessors Parcel No. 643-350-10; and
WHEREAS, the easement is no longer needed for pedestrian
access purposes that it was intended for because the Otay Ranch
Company has relocated the pedestrian access in the area; and
WHEREAS, the original easement has ~n superseded and
there are no other public facilities within the easement; and
WHEREAS, in accordance with Chapter 4, Section 8333 of
the California Streets and Highways Code, this type of vacation may
be performed summarily through adoption of a resolution ordering
said summary vacation.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby summarily vacate a 10-foot
pedestrian access easement within Assessors Parcel No. 643-350-10,
as shown on Exhibit "Bn, attached hereto and incorporated herein as
if set forth in full.
BE IT FURTHER RESOLVED
directed to record this Resolution
San Diego County Recorder.
that the City Clerk is hereby
of Vacation in the office of the
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
e~~/;/~~ JUt
J n M. Kahe
City Attorney
H;\Home\Attorney\Reso\Vacation.Easement
/ ZA -I
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CHULA VISTA ACCEPTING A 10-FOOT
PEDESTRIAN ACCESS EASEMENT WITHIN A PORTION
OF LOT "AU OF MAP 13845, ASSESSORS PARCEL
NO. 643 - 350 - 10
WHEREAS, the Otay Ranch Company submitted an
application to the City to offer a lo-foot public pedestrian
access easement within Assessors Parcel No. 643-350-10; and
WHEREAS, the easement is needed for pedestrian access
purposes consistent with Tentative Map No. 96-04.
NOW, THEREFORE, BE IT RESOLVED that the city Council
of the City of Chula vista does hereby accept a lo-foot
pedestrian access easement within a portion of Lot "AU of Map
13845, Assessors Parcel No. 643-350-10, as shown on Exhibit "Du,
attached hereto and incorporated herein as if set forth in full.
BE IT FURTHER RESOLVED that the City Clerk is hereby
directed to record this Resolution of Acceptance in the office
of the San Diego County Recorder.
Presented by
Approved as to form by
~~~IM
Jo M. Kaheny,
City Attorney
John P. Lippitt
Director of Public Works
H:\Home\Attorney\Reso\Vacation.Easementl
/2J3 -I
COUNCIL AGENDA STATEMENT
Item: 13-
Meeting Date: 11/14/00
ITEM TITLE: Resolution of the City of Chula Vista approving a two-party
agreement between the City of Chula Vista and Merkel and Associates,
Inc. for biological mitigation monitoring services to be rendered for
Telegraph Canyon Creek Improvements Off-site Mitigation, and
authorizing the Mayor to execute said agreement
SUBMITTED BY: Director of Planning and Building $( ~
Director of Public Works
&'V--
REVIEWED BY: City Manager y.J v (4/5ths Vote: Yes_No..lL)
0\
The Army Corps of Engineers issued a nationwide permit for the Telegraph Canyon Creek
Improvements project. In accordance with this permit, a Mitigation Plan was prepared for the off-
site mitigation requirement. The services of a qualified biological monitor are necessary for the
implementation of this plan as well as other conditions of the permit. Adoption of this resolution
will approve a five-year agreement with Merkel and Associates, Inc. for $39,513.00 to provide
consulting services as the Enviromnental Monitor Specialist (biologist) to implement all of the
conditions of the Telegraph Canyon Creek enviromnental permits.
RECOMMENDATION:
That the City adopt Resolution of the City of Chula Vista approving a two-party
agreement between the City of Chula Vista and Merkel and Associates, Inc. for enviromnental
consulting services for biological mitigation monitoring to be rendered for Telegraph Canyon
Creek Improvements off-site mitigation.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
The Telegraph Canyon Improvements project involved the channelization of Telegraph Canyon
Creek between approximately one mile east of 1-5 and one mile west of I-80S between J and L
Streets. The improvements have been completed and were necessary to protect private property
and homes adjacent to the creek from flooding and erosion.
The channelization impacted jurisdictional Waters of the U.S., and wetlands. The Mitigation Plan
was prepared to address the mitigation requirements. In order to implement the requirements of the
permits issued by the U.S. Army Corps of Engineers and the California Department of Fish and
Game, the City located an off-site mitigation area in the Otay River bottom. Portions of the site
13 -/
Page 2, Item No.:
Meeting Date: 11/14/00
will be restored in accordance with the Mitigation Plan. The City COWlcil has already approved
the contract for the contractor who will be performing the revegetation work. This agreement is
only for the biological monitor who will be ensuring the work is done in conformance with the
Mitigation Plan. An additional one-acre of mitigation credit above and beyond the area to be
revegetated will be needed to fulfill the City's permit requirements.
City staff in the Environmental Planning Section will be performing the general mitigation
monitoring tasks for the Telegraph Canyon Creek Off-site Mitigation Improvement project.
However, mitigation monitoring for the project requires the services of a biologist specifically
experienced with wetland restoration plans. This individual will function as the Environmental
Monitor Specialist (biologist) for the City ofChula Vista. The Environmental Monitor Specialist
will provide services as needed related to biological resources associated with the Telegraph
Canyon Creek Improvement Mitigation Plan.
Consultant Services Selection Process
A request for proposal was distributed to all of the persons or firms included on the City's list of
qualified Environmental Consultants. Seven proposals were received. The Selection Committee
appointed by the City Manager invited four fums to interview. The Environmental Review
Coordinator and the Selection Committee have determined that Merkel and Associates, Inc. has
demonstrated unique qualifications to serve as the Consultant for this contract. This
determination was based upon the firm's experience and expertise with wetland restoration
plans, experience with the resource agencies, grasp of the project's complexities, mitigation
monitoring experience within this region and satisfactory performance while working on other
projects with the City of Chula Vista.
The Consultant represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City within the necessary time frames. The
Environmental Review Coordinator has negotiated the details of these agreements in accordance
with procedures set forth in Section 6.5.2 of the Environmental Review Procedures.
Scope-of- Work
Under the agreement with the City of Chula Vista, Merkel and Associates, Inc. will function
as the Environmental Monitor Specialist (biologist) for the City of Chula Vista. The primary
responsibility of the Environmental Monitor Specialist (Biologist) will be to provide biotechnical
support to City staff pertaining to all issues associated with biological resources for the
Telegraph Canyon Creek Improvements Off-site Mitigation, including but not limited to
overseeing implementation of the biological conditions of the Telegraph Canyon Creek
Improvements Mitigation Plan by the City of Chula Vista's revegetation contractor during
construction and pre- and post-construction monitoring. Major tasks will include but may not be
limited to pre- and post- construction monitoring, revegetation implementation monitoring and
coordination, assisting the City with locating one acre of additional mitigation credit, and
/3~2
Page 3, Item No.:
Meeting Date: 11/14/00
quantitative and qualitative biological monitoring over the five-year monitoring period. All tasks
associated with this contract shall be coordinated with and have prior authorization by the
Environmental Projects Manager who will be overseeing administration of the contract.
Contract Payment:
The total not-to-exceed amount for this contract is $39,513.
FISCAL IMPACT: Merkel and Associates' consulting fees will be paid by the City of Chula
Vista. Payment will be made from the Telegraph Canyon Channel Project construction fund
(54200-7999/2659118542-4000000). The costs for the construction of the mitigation site and
for payment of the monitoring consultant were budgeted as part of the original channel
construction project. The mitigation site construction project was awarded to Shiva
Construction in September at an appropriate cost of $195,000.
Attachment: Two-party Agreement
13-3
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA APPROVING A TWO-
PARTY AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
MERKEL AND ASSOCIATES, INC. FOR BIOLOGICAL MITIGATION
MONITORING SERVICES TO BE RENDERED FOR TELEGRAPH
CANYON CREEK IMPROVEMENTS OFF-SITE MITIGATION, AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the complexity of the Telegraph Canyon Creek mitigation project requires
the expertise of an Environmental Monitor Specialist (Biologist) which necessitates the hiring
of a Consultant; and
WHEREAS, the Consultant, chosen through the formal bidding process, is uniquely
qualified to serve as the Consultant for this contract based on the firm's experience and expertise
witli wetland restoration plans, experience with the resource agencies, grasp of the project's
complexities, mitigation monitoring experience within this region, and satisfactory performance
while working on other projects with the City of Chula Vista; and
WHEREAS, a request for proposal was distributed to all of the persons or firms
included on the City's list of qualified Environmental Consultants, and seven proposals were
received by the City; and
WHEREAS, the City Manager appointed a selection committee which has in
accordance with Section 2.56.110 of the Chula Vista Municipal Code, recommended the above
noted Consultant to perform the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental
Review Procedures.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby approve a two-party agreement between the City of Chula Vista and Merkel
and Associates, Inc. for consulting services related to implementation of the mitigation plan
for the Telegraph Canyon Creek Improvements project, a copy of which shall be kept 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 to execute said Agreement for and on behalf of the City of Chula Vista.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning and Building
~~M~
City Attorney
H:\sharl:o\attorney\Telegraph Canyon Resolution
13 - '1
Parties and Recital Page(s)
Agreement between
City ofChula Vista
and
Merkel and Associates, Inc.
For Environmental Monitor Specialist (Biologist)
This agreement ("Agreement"), dated November 14, 2000, 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-related entity as is indicated on Exhibit A, paragraph 2, as such
("City"), whose business form is set forth on Exhibit A, paragraph 3, and the entity indicated on the
attached Exhibit A, paragraph 4, as Consultant, 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 ("Consultant"), and is made with reference to the following facts:
Recitals
WHEREAS, the expertise of an Environmental Monitor Specialist (Biologist) is necessary
and requires the hiring of a Consultant; and
WHEREAS, the Consultant, chosen through the formal bidding process, is uniquely qualified
to serve as the Consultant for this contract based on the firm's experience and expertise with wetland
restoration plans, experience with the resource agencies, grasp of the project's complexities,
mitigation monitoring experience within this region, and satisfactory performance while working on
other projects with the City of Chula Vista; and
WHEREAS, the Consultant has demonstrated the ability to perform while working as a
Sub consultant to the Environmental Mitigation Monitor on other projects; and
WHEREAS, a request for proposal was distributed to all ofthe persons or firms included on
the City's list of qualified Environmental Consultants, and seven proposals were received by the
City; and
WHEREAS, the City Manager appointed a selection committee which has in accordance
with Section 2.56.11 0 ofthe Chula Vista Municipal Code, recommended the above noted Consultant
to perform the required services for the City; and
WHEREAS, the Environmental Review Coordinator has negotiated the details of this
agreement in accordance with procedures set forth in Section 6.5.2 of the Environmental Review
Procedures; and
WHEREAS, Consultant 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 Consultant to City
within the time frames herein provided all in accordance with the terms and conditions of this
Agreement.
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NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby mutually
agree as follows:
I. Consultant's Duties
A. General Duties
Consultant shall perform all ofthe services described on the attached Exhibit A, Paragraph 7,
entitled "General Duties".
B. Scope of Work and Schedule
In the process of performing and delivering said "General Duties", Consultant 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 in Scope of Work
City may independently, or upon request from Consultant, from time to time reduce the
Defined Services to be performed by the Consultant under this Agreement. Upon doing so, City and
Consultant agree to meet in good faith and confer for the purpose of negotiating a corresponding
reduction in the compensation associated with said reduction.
D. Additional Services
In addition to performing the Defined Services herein set forth, City may require Consultant
to perform additional consulting services related to the Defined Services ("Additional Services"),
and upon doing so in writing, if they are within the scope of services offered by Consultant,
Consultant shall perform same on a time and materials basis at the rates set 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
Consultant, 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 ofthe profession currently practicing under similar conditions and in similar
locations.
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F. Insurance
Consultant 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 ofloss 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 Consultant, 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").
Errors and Omissions insurance, in the amount set forth in Exhibit A, Paragraph 9, unless
Errors and Omissions coverage is included in the General Liability policy.
G. Proof ofInsurance Coverage
(1) Certificates ofInsurance.
Consultant shall demonstrate proof of coverage herein required, prior to the
commencement of services required under this Agreement, by delivery of Certificates ofInsurance
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 Consultant's Commercial General Liability Insurance
Policy, Consultant shall deliver a policy endorsement to the City demonstrating same, which shall be
reviewed and approved by the Risk Manager.
H. Security for Performance
(1) Performance Bond.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Performance Bond (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Performance Bond"), then Consultant shall provide to the City
a performance bond by a surety and in a form and amount satisfactory to the Risk Manager or City
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Attorney which amount is indicated in the space adjacent to the term, "Performance Bond", in said
Paragraph 19, Exhibit A.
(2) Letter of Credit.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide a Letter of Credit (indicated by a check mark in the parenthetical space immediately
preceding the subparagraph entitled "Letter of Credit"), then Consultant shall provide to the City an
irrevocable letter of credit callable by the City at their unfettered discretion by submitting to the bank
a letter, signed by the City Manager, stating that the Consultant is in breach of the terms of this
Agreement. The letter of credit shall be issued by a bank, and be in a form and amount satisfactory
to the Risk Manager or City Attorney which amount is indicated in the space adjacent to the term,
"Letter of Credit", in said Paragraph 19, Exhibit A.
(3) Other Security.
In the event that Exhibit A, at Paragraph 19, indicates the need for Consultant to
provide security other than a Performance Bond or a Letter of Credit (indicated by a check mark in
the parenthetical space immediately preceding the subparagraph entitled "Other Security"), then
Consultant shall provide to the City such other security therein listed in a form and amount
satisfactory to the Risk Manager or City Attorney.
1. Business License
Consultant 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 Consultant for the purpose ofreviewing the progress ofthe
Defined Services and Schedule therein contained, and to provide direction and guidance to achieve
the objectives ofthis agreement. The City shall permit access to its office facilities, files and records
by Consultant 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 Consultant's performance of this
agreement.
B. Compensation
Upon receipt of a properly prepared billing from Consultant submitted to the City
periodically as indicated in Exhibit A, Paragraph 18, but in no event more frequently than monthly,
on the day of the period indicated in Exhibit A, Paragraph 18, City shall compensate Consultant for
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all services rendered by Consultant according to the terms and conditions set forth in Exhibit A,
Paragraph 11, adjacent to the governing compensation relationship indicated by a "checkrnark" next
to the appropriate arrangement, subject to the requirements for retention set forth in paragraph 19 of
Exhibit A, and shall compensate Consultant for out of pocket expenses as provided in Exhibit A,
Paragraph 12.
All billings submitted by Consultant 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 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 ifa Liquidated Damages Rate is provided in Exhibit A,
Paragraph 14.
It is acknowledged by both parties that time is of the essence in the completion of this
Agreement. It is difficult to estimate the amount of damages resulting from delay in performance.
The parties have used their judgment to arrive at a reasonable amount to compensate for delay.
Failure to complete the Defined Services within the allotted time period specified in this
Agreement shall result in the following penalty: For each consecutive calendar day in excess ofthe
time specified for the completion of the respective work assignment or Deliverable, the consultant
shall pay to the City, or have withheld from monies due, the sum of Liquidated Damages Rate
provided in Exhibit A, Paragraph 14 ("Liquidated Damages Rate").
Time extensions for delays beyond the consultant's control, other than delays caused by the
City, shall be requested in writing to the City's Contract Administrator, or designee, prior to the
expiration of the specified time. Extensions oftime, when granted, will be based upon the effect of
delays to the work and will not be granted for delays to minor portions of work unless it can be
shown that such delays did or will delay the progress of the work.
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6. Financial Interests of Consultant
A. Consultant is Designated as an FPPC Filer
If Consultant is designated on Exhibit A, Paragraph 15, as an "FPPC filer", Consultant is
deemed to be a "Consultant" 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 Consultant is designated as an FPPC Filer, Consultant shall not make,
or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a financial
interest other than the compensation promised by this Agreement.
C. Search to Determine Economic Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants and
represents that Consultant has diligently conducted a search and inventory of Consultant's economic
interests, as the term is used in the regulations promulgated by the Fair Political Practices
Commission, and has determined that Consultant does not, to the best of Consultant's knowledge,
have an economic interest which would conflict with Consultant's duties under this agreement.
D. Promise Not to Acquire Conflicting Interests
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant 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 Consultant is designated as an FPPC Filer, Consultant further warrants
and represents that Consultant will immediately advise the City Attorney of City if Consultant learns
of an economic interest of Consultant'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
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant 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
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property which may be the subject matter of the Defined Services, ("Prohibited Interest"), other than
as listed in Exhibit A, Paragraph IS.
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates in connection with Consultant's performance ofthis Agreement. Consultant
promises to advise City of any such promise that may be made during the Term of this Agreement,
or for 12 months thereafter.
Consultant agrees that Consultant 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.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement,
except with the written permission of City.
7. Hold Harmless
Consultant shall defend, indemnify, protect 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 ofthe conduct ofthe Consultant, 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 misconduct ofthe City, its officers, or employees. Consultant'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,
Consultant 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. Consultants' indemnification of City
shall not be limited by any prior or subsequent declaration by the Consultant.
8. Termination of Agreement for Cause
If, through any cause, Consultant shall fail to fulfill in a timely and proper manner
Consultant's obligations under this Agreement, or if Consultant shall violate any of the covenants,
agreements or stipulations ofthis Agreement, City shall have the right to terminate this Agreement
by giving written notice to Consultant of such termination and specifying the effective date thereof at
least five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials prepared
by Consultant shall, at the option of the City, become the property ofthe City, and Consultant shall
be entitled to receive just and equitable compensation for any work satisfactorily completed on such
documents and other materials up to the effective date of Notice of Termination, not to exceed the
amounts payable hereunder, and less any damages caused City by Consultant's breach.
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9. Errors and Omissions
In the event that the City Administrator determines that the Consultants' 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, Consultant
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 Consultant 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 ofthe City, become City's
sole and exclusive property. If the Agreement is terminated by City as provided in this paragraph,
Consultant shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other materials to the effective date of such termination.
Consultant hereby expressly waives any and all claims for damages or compensation arising under
this Agreement except as set forth herein.
II. Assignability
The services of Consultant are personal to the City, and Consultant 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. City hereby consents to the assignment of the
portions of the Defined Services identified in Exhibit A, Paragraph 17 to the subconsultants
identified thereat as "Permitted Subconsultants".
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 Consultant 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 Consultant shall perform as an independent
contractor with sole control ofthe manner and means of performing the services required under this
Agreement. City maintains the right only to reject or accept Consultant's work products. Consultant
and any of the Consultant's agents, employees or representatives are, for all purposes under this
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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. Therefore, City will not withhold state or federal income tax, social security tax or any
other payroll tax, and Consultant shall be solely responsible for the payment of same and shall hold
the City harmless with regard thereto.
14. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out ofthis 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, Consultant shall meet and confer in good faith with City for the
purpose ofresolving 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 a judgment against the other for an amount equal to reasonable attorney's
fees and court costs incurred. The "prevailing party" shall be deemed to be the party who is awarded
substantially the relief sought.
16. Statement of Costs
In the event that Consultant prepares a report or document, or participates in the preparation
of a report or document in performing the Defined Services, Consultant shall include, or cause the
inclusion of, in said report or document, a statement ofthe numbers and cost in dollar amounts of all
contracts and subcontracts relating to the preparation of the report or document.
17. Miscellaneous
A. Consultant not authorized to Represent City
Unless specifically authorized in writing by City, Consultant shall have no authority to act as
City's agent to bind City to any contractual agreements whatsoever.
B. Consultant is Real Estate Broker and/or Salesman
Ifthe box on Exhibit A, Paragraph 16 is marked, the Consultant and/or their principals is/are
licensed with the State of California or some other state as a licensed real estate broker or
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salesperson. Otherwise, Consultant represents that neither Consultant, 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 Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the State
of California. Any action arising under or relating to this Agreement shall be brought only in the
federal or state courts located in San Diego County, State of California, and if applicable, the City of
Chula Vista, or as close thereto as possible. Venue for this Agreement, and performance hereunder,
shall be the City ofChula Vista.
[end of page. next page is signature page.]
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Signature Page
to
Agreement between City ofChula Vista and Merkel and Associates, Inc.
for
biological mitigation monitoring services
to be rendered for Telegraph Canyon Creek Improvements Off-site Mitigation
IN WITNESS WHEREOF, City and Consultant have executed this Agreement thereby
indicating that they have read and understood same, and indicate their full and complete consent to
its terms:
Dated:
,2000
City of Chula Vista
by:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to form:
~~~Maae
Jo . Kaheny, Ci Attorney
Dated:
Merkel and Associates, Inc.
B~~m~
Barb a L. Merkel, President
Exhibit List to Agreement
(X) Exhibit A.
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Exhibit A
to
Agreement between
City ofChula Vista
and
Merkel and Associates, Inc.
I. Effective Date of Agreement: November 14, 2000
2. City-Related Entity:
(X) City ofChula Vista, a municipal chartered corporation of the State of California
( ) Redevelopment Agency of the City of Chula Vista, a political subdivision of the
State of California
( ) Industrial Development Authority of the City of Chula Vista, a
()
Other:
, a [insert business form]
("City")
3. Place of Business for City:
City of Chula Vista
276 Fourth Avenue,
Chula Vista, CA 91910
4. Consultant:
Merkel and Associates, Inc.
5. Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
6. Place of Business, Telephone imd Fax Number of Consultant:
5434 Ruffin Road
San Diego, CA 92123
Telephone (858) 560-5465; Fax Number (858) 560-7779
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7. General Duties: Merkel and Associates, Inc. will function as the Environmental Monitor
Specialist (Biologist) for the Telegraph Canyon Creek Improvements Off-site Mitigation for the City
ofChula Vista.
8. Scope of Work and Schedule:
A. Detailed Scope of Work: The primary responsibility ofthe Environmental Monitor
Specialist (Biologist) will be to provide biotechnical support to City staff pertaining to all
issues associatedwith biological resources for the Telegraph Canyon Creek Improvements
Off-site Mitigation, including but not limited to overseeing implementation of the biological
conditions of the Telegraph Canyon Creek Improvements Mitigation Plan by the City of
Chula Vista's Revegetation Contractor during construction and pre- and post-construction
monitoring. At the direction of City staff and pertaining to the Telegraph Canyon Creek
Improvements Off-site Mitigation, tasks will include but are not limited to:
I. Pre- and Post-Construction Monitoring: Includes coordination with the Revegetation
Contractor and City staff; attendance at pre-and post-construction conferences in the
field; attendance at meetings with City staff and appropriate field personnel;
preparation of correspondence as needed; and review of related CEQA and biology
technical reports, including but not limited to:
a. Negative Declaration for the Telegraph Canyon Channel Improvements dated
August 20,1996;
b. Mitigation Plan for Telegraph Canyon Creek Improvements prepared by
P&D Environmental Services dated August 24, 1998;
c. Telegraph Creek Wetland Delineation prepared by Pacific Southwest
Biological Services, Inc. dated May 18, 1994;
d. Department of the Army, Corps of Engineers Nationwide Permit (permit #
962014500-TCD) dated May 21,1999;
e. California Department ofFish and Game Streambed Alteration Agreement
(#5-489-98) dated June 7, 1999;
f. Letter dated July 13, 2000 from P&D Environmental Services regarding
presence/absence of least Bell's vireo at the proposed Telegraph Canyon
Creek mitigation site; and
g. All City-approved revegetation plans prepared by the Revegetation
Contractor.
2. Revegetation Implementation Monitoring and Coordination: Includes attendance at
a pre-planting conference; site visits and monitoring of on-site, daily
grading/construction activities for compliance with all project permit conditions, site-
specific mitigation requirements, construction schedules, and environmental quality
control requirements; on-going liaison and coordination with the Revegetation
Contractor and City staff; and administration and preparation of site-visit logs, status
reports, compliance reports all in a form as approved by the Environmental Review
Coordinator. Consultant shall advise contractors of and ensure compliance with all
appropriate permit conditions and require correction and remedying of activities
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observed that violate project environmental conditions or that represent unsafe or
dangerous conditions.
3. Additional mitigation credit: Includes assisting the City with locating one acre of
appropriate mitigation land for additional mitigation credit as required by the
Resource Agencies.
4. Long-term Biological Monitoring: Includes quantitative and qualitative monitoring
over the five-year monitoring to ensure performance criteria are met. Monitoring
intervals shall conform to those established in the Mitigation Plan. Quantitative
monitoring analysis shall be performed annually. All other monitoring visits will be
qualitative. This task includes required monitoring reports in a form as approved by
the Environmental Review Coordinator, liaison with resource agencies for project
sign-off, and coordination with the City in regard to problems encountered and
remediation measures required.
All tasks associated with this contract shall be coordinated with and have prior authorization
by the Environmental Projects Manager who will be overseeing administration of the
contract.
B. Date for Commencement of Consultant Services:
(X) Same as Effective Date of Agreement
( ) Other:
C. Dates or Time Limits for Delivery of Deliver abies: N/A
Deliverable No. I:
Deliverable NO.2:
Deliverable No.3:
D. Date for completion of all Consultant services: 5 years from effective date of agreement.
9. Insurance Requirements:
()
()
(X)
()
Statutory Worker's Compensation Insurance
Employer's Liability Insurance coverage: $1,000,000.
Commercial General Liability Insurance: $1,000,000.
Errors and Omissions insurance: None Required (included in Commercial General
Liability coverage).
Errors and Omissions Insurance: $250,000 (not included in Commercial General
Liability coverage).
()
11/7/00
Standard Form Two Party Agreement (Thirteenth Revision)
Page 14
13 -1/3
10. Materials Required to be Supplied by City to Consultant: site plans, grading plans, project
description, Corps of Engineers Nationwide Permit dated May 21, 1999, California Department of
Fish and Game Streambed Alteration Agreement dated June 7, 1999, and Mitigation Plan for
Telegraph Canyon Creek Improvements prepared by P&D Environmental Services dated August 24,
1998.
11. Compensation:
A. () Single Fixed Fee Arrangement.
For performance of all of the Defined Services by Consultant as herein required, City shall
pay a single fixed fee in the amounts and at the times or milestones or for the Deliverables set forth
below:
Single Fixed Fee Amount: , payable as follows:
Milestone or Event or Deliverable Amount or Percent of Fixed Fee
( ) 1. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned to
the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase shall
be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the City
Manager shall designate, but only upon such proof demanded by the City that
has been provided, but in no event shall such interim advance payment be
made unless the Contractor shall have represented in writing that said
percentage of completion of the phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this
agreement to a time and materials basis of payment.
B. () Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the Defined Services by Consultant 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. Consultant shall not commence
Services under any Phase, and shall not be entitled to the compensation for a Phase, unless City shall
have issued a notice to proceed to Consultant as to said Phase.
11/7/00
Standard Form Two Party Agreement (Thirteenth Revision)
Page 15
13 -Ie;
Phase
1.
2.
3.
( )
Fee for Said Phase
$
$
$
I. Interim Monthly Advances. The City shall make interim monthly
advances against the compensation due for each phase on a percentage of
completion basis for each given phase such that, at the end of each phase
only the compensation for that phase has been paid. Any payments made
hereunder shall be considered as interest free loans which must be returned to
the City if the Phase is not satisfactorily completed. If the Phase is
satisfactorily completed, the City shall receive credit against the
compensation due for that phase. The retention amount or percentage set
forth in Paragraph 19 is to be applied to each interim payment such that, at
the end of the phase, the full retention has been held back from the
compensation due for that phase. Percentage of completion of a phase shall
be assessed in the sole and unfettered discretion by the Contracts
Administrator designated herein by the City, or such other person as the City
Manager shall designate, but only upon such proof demanded by the City that
has been provided, but in no event shall such interim advance payment be
made unless the Contractor shall have represented in writing that said
percentage of completion ofthe phase has been performed by the Contractor.
The practice of making interim monthly advances shall not convert this
agreement to a time and materials basis of payment.
C. (X) Hourly Rate Arrangement
For performance of the Defined Services by Consultant as herein required, City shall pay
Consultant for the productive hours oftime spent by Consultant in the performance of said Services,
at the rates or amounts set forth in the Rate Schedule hereinbelow according to the following terms
and conditions:
11/7100
(I) (X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in
excess of said Maximum Compensation amount, Consultant agrees that Consultant
will perform all ofthe Defined Services herein required of Consultant for $39,513.00
including all Materials, and other "reimbursables" ("Maximum Compensation").
Standard Form Two Party Agreement (Thirteenth Revision)
Page 16
13 -2D
(2) () Limitation without Further Authorization on Time and Materials
Arrangement
At such time as Consultant shall have incurred time and materials equal to
(" Authorization Limit"), Consultant shall not be entitled to any
additional compensation without further authorization issued in writing and approved
by the City. Nothing herein shall preclude Consultant from providing additional
Services at Consultant's own cost and expense.
Rate Schedule
Category of Employee
of Consultant
Name
Hourly
Rate
Project Manager
Senior Biologist
Project Coordinator
Associate Biologist
Biological Technician
Clerical
Kyle Ince
Kyle Ince
$72.00
$72.00
$60.00
$58.00
$45.00
$38.00
Holly Hanson
(X) Hourly rates may increase annually by 3% for services rendered after January 2002.
12. Materials Reimbursement Arrangement
For the cost of out of pocket expenses incurred by Consultant in the performance of services
herein required, City shall pay Consultant at the rates or amounts set forth below:
(X) None, the compensation includes all costs.
Cost or Rate
() Reports, not to exceed $
() Copies, not to exceed $
() Travel, not to exceed $
() Printing, not to exceed $
() Postage, not to exceed $
() Delivery, not to exceed $
() Long Distance Telephone Charges,
not to exceed $
() Other Actual Identifiable Direct Costs:
not to exceed $
13. Contract Administrators:
11/7/00
Standard Form Two Party Agreemenl (Thirteenth Revision)
Page 17
/8 -2/
City: Marilyn R.F. Ponseggi, Environmental Review Coordinator
Consultant: Keith Merkel, President, Merkel and Associates, Inc.
14. Liquidated Damages Rate: N/A
( ) $_ per day.
( ) Other:
15. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code:
( X ) Not Applicable. Not an FPPC Filer.
( ) FPPC Filer
( ) Category No.1. Investments and sources of income.
( ) Category No.2. Interests in real property.
() Category No.3. Investments, interest in real property and sources of income
subject to the regulatory, permit or licensing authority of the department.
( ) Category No.4. Investments in business entities and sources of income
which engage in land development, construction or the acquisition or sale of
real property.
( ) Category No.5. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the City of
Chula Vista (Redevelopment Agency) to provide services, supplies,
materials, machinery or equipment.
( ) Category No.6. Investments in business entities and sources of income of
the type which, within the past two years, have contracted with the
designated employee's department to provide services, supplies, materials,
machinery or equipment.
( ) Category No.7. Business positions.
( ) List "Consultant Associates" interests in real property within 2 radial miles of Project
Property, if any: None
16. ( ) Consultant is Real Estate Broker and/or Salesman
17. Permitted Subconsultants: None
11/7/00
Standard Form Two Party Agreement (Thirteenth Revision)
Page 18
/3 -22
18. Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarter! y
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number: To be assigned after agreement is processed
19. Security for Performance
( ) Performance Bond, $
( ) Letter of Credit, $
( ) Other Security:
Type:
Amount: $
(X) Retention. If this space is checked, then notwithstanding other provisions to the
contrary requiring the payment of compensation to the Consultant sooner, the City
shall be entitled to retain, at their option, either the following "Retention Percentage"
or "Retention Amount" until the City determines that the Retention Release Event,
listed below, has occurred:
(X) Retention Percentage: 10%
( ) Retention Amount: $
Retention Release Event:
( ) Completion of All Consultant Services
( ) Other:
11/7/00
Standard Form Two Party Agreement (Thirteenth Revision)
Page 19
13 - 23
COUNCIL AGENDA STATEMENT
Item No.: /4
Meeting Date: 11/14/00
ITEM TITLE:
Resolution of the City of Chula Vista waiving the City's formal
bidding process as impractical and approving a three-party agreement
between the City of Chula Vista; Merkel & Associates, Consultant; and
Pacific Bay Properties, Applicant, for consulting services for biological
mitigation monitoring to be rendered for Rolling Hills Ranch (AKA, Salt
Creek Ranch), and authorizing the Mayor to execute said agreement.
Resolution of the City of Chula Vista waiving the City's formal
bidding process as impractical and approving a three-party agreement
between the City of Chula Vista; Merkel & Associates, Consultant; and
McMillin Otay Ranch LLC, Applicant, for consulting services for
biological mitigation monitoring to be rendered for Otay Ranch, Sectional
Planning Area One Plan (SPA One) and authorizing the Mayor to execute
said agreement.
SUBMITTED BY:
Resolution of the City of Chula Vista waiving the City's formal
bidding process as impractical and approving a three-party agreement
between the City of Chula Vista; Merkel & Associates, Consultant; and
Otay Project L.P., Applicant, for consulting services for biological
mitigation monitoring to be rendered for Otay Ranch, Sectional Planning
Area One Plan (SPA One) and authorizing the Mayor to execute said
agreement.
Director of Planning and Building $!
REVIEWED BY: City Manager ~~ 11/ (4/Sths Vote: Yes~No X )
0'
In compliance with State law, Mitigation Monitoring and Reporting Programs were adopted by
the City Council for the Rolling Hills Ranch (AKA, Salt Creek Ranch) Sectional Planning Area
Plan and the Otay Ranch, Sectional Planning Area One Plan (SPA One). SPA One includes
Villages 1, 5, and 1 West. State Law requires public agencies to adopt such programs to ensure
effective implementation of mitigation measures. This report requests that the City Council
approve the proposed contracts with Merkel & Associates for an amount not to exceed a total of
$ 44,372 annually to provide consulting services as the Environmental Monitor Specialist
(biologist) for Rolling Hills Ranch (AKA, Salt Creek Ranch) and Otay Ranch, SPA One and to
waive the formal bidding process.
I Lj-I
Page 2, Item No.: If
Meeting Date: 11/14/00
RECOMMENDATION:
That the City Council adopt resolution approving a three-party agreement between the City of
Chula Vista; Merkel & Associates; and Pacific Bay Properties, for environmental consulting
services for biological mitigation monitoring to be rendered for Rolling Hills Ranch (AKA, Salt
Creek Ranch).
That the City Council adopt resolution approving a three-party agreement between the City of
Chula Vista; Merkel & Associates; and Otay Project L.P., Applicant for consulting services for
biological mitigation monitoring to be rendered for Otay Ranch, Sectional Planning Area One
Plan (SPA One).
That the City Council adopt resolution approving a three-party agreement between the City of
Chula Vista; Merkel & Associates; and McMillin Otay Ranch LLC, Applicant for consulting
services for biological mitigation monitoring to be rendered for Otay Ranch, Sectional Planning
Area One Plan (SPA One).
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
The City of Chula Vista previously contracted services for mitigation monitoring of Rolling Hills
Ranch and Otay Ranch SPA One (including Villages I, 5, and I West). Mitigation monitoring
requires the services of a biologist to function as the Environmental Monitor Specialist
(biologist). Merkel & Associates was previously under contract as the Environmental Monitor
Specialist (biologist) to the prime mitigation monitoring consultant.
City staff in the Environmental Planning Section will now be performing all general mitigation
monitoring tasks for Rolling Hills Ranch and Otay Ranch SPA One. However, mitigation
monitoring for Rolling Hills Ranch and Otay Ranch continue to require the services of a biologist
to function as the Environmental Monitor Specialist. In the past, Merkel & Associates performed
satisfactorily as the subconsultant to the prime mitigation monitoring consultant. Merkel &
Associates is now needed to continue functioning as the Environmental Monitor Specialist
(biologist) for the City. Merkel & Associates will continue to provide services as needed related
to biological resources associated with Rolling Hills Ranch and Otay Ranch SPA One), including
overseeing the implementation of the biological conditions of the Mitigation Monitoring
Reporting Program.
14-~
Page 3, Item No.: }Lf
Meeting Date: 11/14/00
Consultant Services Selection Process
The Environmental Review Coordinator and the project applicants have determined that Merkel
& Associates has demonstrated a unique and comprehensive familiarity with the project area,
which is necessary for timely and adequate biological mitigation monitoring. Pursuant to Chula
Vista Municipal Code Section 2.56.110, staff finds that competitive bidding is impractical, and
recommends waiving the normal consultant selection process for the following reasons:
1. Merkel & Associates was previously under contract as the Environmental Monitor Specialist
subconsultant, to perform biological mitigation monitoring for Rolling Hills Ranch and Otay
Ranch, SPA One;
2. The previous mitigation monitoring contract was awarded through the City's informal
bidding process in accordance with the procedures in place at the time.
3. As specified under the previous contract, Merkel & Associates has begun the biological
mitigation monitoring by conducting field research, attending pre-construction meetings,
reviewing project plans, and keeping monitoring logs. Merkel & Associates as the
Environmental Monitoring Specialist (biologist) will provide continuity, result in a more
timely and efficient processing of plans, and result in the successful implementation of the
Mitigation Monitoring Reporting Program.
4. Merkel & Associates has demonstrated an understanding of all permit conditions and site
specific project requirements.
5. Cost estimates by Merkel & Associates have been reviewed and are found to be reasonable by
staff and the applicant.
The consultant represents that they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City. Department of Planning and Building staff
has negotiated the details of these agreements in accordance with procedures set forth in Section
2.56.110 of the Chula Vista Municipal Code.
Scooe-of- Work
Under agreement with the City of Chula Vista and the project applicants, Merkel & Associates
will function as the Environmental Monitor Specialist (biologist) for the City of Chula Vista. The
responsibilities of the Environmental Monitor Specialist (biologist) will include will provide
services as needed, but not limited to the following:
I. Administration and preparation of daily logs, status reports, compliance reports and
preparation of the final grading/construction monitoring report regarding biological impacts
I'I-:/;
Page 4, Item No.: )~
Meeting Date: 11/14/00
and mitigation as identified in each of the respective mitigation monitoring programs for
Rolling Hills Ranch and Otay Ranch Sectional Planning Area One Plan
2. Review tentative map, final map, grading plans and improvement plans during the City
plan check process.
3. Monitoring of on-site, daily grading/construction activities including the understanding of
all permit conditions, site specific project requirements, construction schedules, and the
environmental quality control efforts.
4. Ensure contractor knowledge of and compliance with all appropriate permit conditions.
5. Review all construction impact mitigation and if, need be propose additional mitigation
measures.
6. Have the authority to require correction of activIties observed that violate project
environmental conditions or that represent unsafe or dangerous conditions.
7. Review and comment on revegetation plans.
8. Preparation of revegetation plans and assistance with permit processing through the Fish
and Wildlife Service and the California Department of Fish and Game.
9. Perform on-site mitigation monitoring during grading and construction including any
revegetation activities.
Contract Pavment:
The total not-to-exceed amount for the Pacific Bay Properties Contract is $ 7,300 annually,
$3,184 annually for the McMillin Otay Ranch LLC Contract, and $33,888 annually for Otay
Project L.P. Contract. The project applicants agree to maintain a minimum balance of
$10,000 in their subject account, which shall be replenished upon the request of the City. The
City will also receive a standard administrative fee amounting to 10 % of the contract. The
project applicants will also reimburse any City staff time associated with implementation of the
Mitigation Monitoring Reporting Program through a separate deposit account that has already
been established.
11/-1/
Page 4, Item No.: I~
Meeting Date: 11/14/00
and mitigation as identified in each of the respective mitigation monitoring programs for
Rolling Hills Ranch and Otay Ranch Sectional Planning Area One Plan
2. Review tentative map, final map, grading plans and improvement plans during the City
plan check process.
3. Monitoring of on-site, daily grading/construction activities including the understanding of
all permit conditions, site specific project requirements, construction schedules, and the
environmental quality control efforts.
4. Ensure contractor knowledge of and compliance with all appropriate permit conditions.
5. Review all construction impact mitigation and if, need be propose additional mitigation
measures.
6. Have the authority to require correction of activities observed that violate project
environmental conditions or that represent unsafe or dangerous conditions.
7. Review and comment on revegetation plans.
8. Preparation of revegetation plans and assistance with permit processing through the Fish
and Wildlife Service and the California Department of Fish and Game.
9. Perform on-site mitigation monitoring during grading and construction including any
revegetation activities.
Contract Pavment:
The total not-to-exceed amount for the Pacific Bay Properties Contract is $ 7,300 annually,
$3,184 annually for the McMillin Otay Ranch LLC Contract, and $33,888 annually for Otay
Project L.P. Contract. The project applicants agree to maintain a minimum balance of
$10,000 in their subject account, which shall be replenished upon the request of the City. The
City will also receive a standard administrative fee amounting to 10% of the contract. The
project applicants will also reimburse any City staff time associated with implementation of the
Mitigation Monitoring Reporting Program through a separate deposit account that has already
been established.
FISCAL IMPACT:
There would be no resulting impact to the General Fund. Merkel & Associates consulting fees
will be paid by the project applicants, Pacific Bay Properties, McMillin Otay Ranch LLC, and
Otay Project L.P., through deposit accounts.
H:/home/planning/edalia/contracts/Merkel A 113.doc
/4-3
RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA WAIVING THE
FORMAL BIDDING PROCESS AS IMPRACTICAL AND
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE
CITY OF CHULA VISTA; MERKEL & ASSOCIATES,
CONSULTANT; AND PACIFIC BAY PROPERTIES, APPLICANT,
FOR BIOLOGICAL MITlGA TION MONITORING SERVICES TO
BE RENDERED FOR ROLLING HILLS RANCH (AKA, SALT
CREEK RANCH), AND AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT
WHEREAS, the expertise of an Environmental Monitor Specialist (Biologist) is
necessary and requires the hiring of a consultant; and
WHEREAS, the Applicant has deposited an initial sum for the implementation of the
Mitigation Monitoring Program (MMP 97-01) for the Otay Ranch Sectional Planning Area One
Plan and Annexation Second-Tier Environmental Impact Report (EIR 95-01) and the Final
Second Tier Environmental Impact Report for Otay Ranch SPA One and General Development
Plan/Otay Subregional Plan Amendments (E1R-97-03); and
WHEREAS, the Consultant chosen for these services was previously the subconsultant
on the Environmental Mitigation Monitor contract; and
WHEREAS, the City's formal bidding process is waived as impractical because the
Consultant, was formally chosen through the informal bidding process as the subconsultant to
the Environmental Mitigation Monitor Prime contractor; and
WHEREAS, the City's formal bidding process is waived as impractical because the
Consultant demonstrated the ability to perform while working as a subconsultant to the
Environmental Mitigation Monitor prime contractor; and
WHEREAS, the City's formal bidding process is waived as impractical because as a
subconsultant to the Environmental Mitigation Monitor prime contractor the Consultant is
uniquely qualified to serve as the Consultant for this contract based on their past experience
with the project.
14 '1-1
NOW, THEREFORE, BE IT RESOLVED that for the above listed reasons, the City
Council of the City of Chula Vista does hereby find that it is necessary and appropriate to waive
the formal bidding process as impractical.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Y ista does
hereby approve a three-party agreement between the City of Chula Vista; Merkel & Associates
("Consultant") and Pacific Bay Properties (" Applicant") for consulting services related to
biological mitigation monitoring for Rolling Hills Ranch (AKA, Salt Creek Ranch), a copy of
which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby authorize the Mayor to execute said Agreement.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning and Building
~/It//j?
Jo . Kaheny
City Attorney
,LJ A- ~
Three Party Agreement
Between
City of Chula Vista,
Merkel & Associates, Inc., Consultant, and
Pacific Bay Properties, Applicant
For Consnlting Work to be Rendered
With Regard to Applicant's Project
1. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes
ofreference only, and effective as of the date last executed by the parties hereto, between the
City ofChula Vista ("City") herein, a municipal corporation of the State of Cali fomi a, the person
designated on the attached Exhibit A as "Consultant" Merkel & Associates, Inc. whose business
form and address is indicated on the attached Exhibit A, and the person designated on the
attached Exhibit A as "Applicant" Pacific Bay Properties whose business form and address is
indicated on the attached Exhibit A, and is made with reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as,
or generally located as, described on Exhibit A, Paragraph I, or has an option or other
entitlement to develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval
of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work of the general
nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the
application within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be
liable for the costs ofretaining, Consultant, who shall perform the services required of
Consultant by this Agreement solely to, and under the direction of, the City.
Three Party Agreement
Page 1
J'-IA-3
2.6. Additional facts and circumstances regarding the background for this agreement are
set forth on Exhibit B;
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost
and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all
of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of
Consulting Services", ("General Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the benefit of City all of the services
described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"),
and all services reasonable necessary to accomplish said General Services and Detailed Scope of
Work, and shall deliver such documents required ("Deliverables") herein, all within the time
frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set
forth, within a reasonable period of time for the diligent execution of Consultant's duties
hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and
for the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional 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,
at its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation,
office space and facilities, calculations, and all other means whatsoever, except as herein
otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to
perform and complete the work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without
regard to the conclusions reached by the Consultant, and according to the terms and conditions
set forth in Exhibit C adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15
Three Party Agreement
Page 2
14/)'4
days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph
3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly,
not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if
checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit
for payment, and shall not be liable for the compensation unless it receives same from Applicant.
Applicant shall not make any payments of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of City,
determines that additional services ("Additional Services") are needed from Consultant of the
type Consultant is qualified to render or reasonably related to the Services Consultant is
otherwise required to provide by this Agreement, the Consultant agrees to provide such
additional services on a time and materials basis paid for by Applicant at the rates set forth in
Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional
Work between the parties.
3.2.2. In the event that the City shall determine that additional work is required to
be performed above and beyond the scope of work herein provided, City will consult with
Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to
arrange and pay for said Additional Services, the City may, at its option, suspend any further
processing of Applicant's Application until the Applicant shall deposit the City's estimate of the
costs of the additional work which the City determines is or may be required. Applicant shall
pay any and all additional costs for the additional work.
3.2.3. Reductions in Scope of Work. City may independently, or upon request
from Consultant, from time to time reduce the Services to be performed by the Consultant under
this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for
the purpose of negotiating a corresponding reduction in the compensation associated with said
reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the
amount of time and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant,
Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as
"Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as
indicated on Exhibit C and as hereinbelow set forth:
Tbree Party Agreement
Page 3
14 A - 5
3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one or more of its various bank
accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average
interest earned during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination
of this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the
use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the
manner herein authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount in such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall
be governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this
agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach
of Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant 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:
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4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit
applied separately to each project away from premises owned or rented by Consultant, 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 ofthe City
and Applicant in the same manner as members of the general public ("Cross-liability Coverage").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof ofInsurance Coverage.
4.2.1. Certificates of Insurance. Consultant 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.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional
Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's
Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to
the City and Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the
City and the Applicant. The Consultant shall not publish or release news items, articles or
present lectures on the Project, either during the course of the study or after its completion,
except on written concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such meetings with the Applicant to ensure
the adequacy of services performed by Consultant.
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5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the
Consultant and City, such documents, or copies of such documents requested by Consultant,
within the possession of Applicant reasonably useful to the Consultant in performing the services
herein required of Consultant, including but not limited to those described in Exhibit A,
Paragraph 7.
5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access
the Property, to take any borings, make any tests, conduct any surveys or reconnaissance
necessary to deliver the Services of Consultant, subject to the approval of the Applicant.
Consultant shall promptly repair any damage to the subject property occasioned by such entry
and shall indemnifY, defend, and hold Applicant hannless from all loss, cost, damage, expenses,
claims, and liabilities in connection with or arising from any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Applicant may request such meetings as they desire with the
Consultant to ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A,
Paragraph 8, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
7. Conflicts ofInterest
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
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7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
govermnental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant 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.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose ofthe Fair Political Practices Act, and regulations promulgated
thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in the property which is the subject matter of the
Project, or in any property within 10 radial miles from the exterior boundaries of the property
which is the subject matter of the Project, or ("Prohibited Interest").
Three Party Agreement
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Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance
of this Agreement. Consultant promises to advise City of any such promise that may be made
during the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of this
Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any
phase of the work with such diligence which would assure its completion within a reasonable
period oftime. Termination of this agreement because of a default of the Consultant shall not
relieve the Consultant from liability of such default.
9. City's Right to Terminate Payment for Convenience. Documents.
9.1. Notwithstanding any other section or provision of this agreement, the CITY shall
have the absolute right at any time to terminate this agreement or any work to be performed
pursuant to this agreement.
9.2. In the event of termination of this agreement by the CITY in the absence of
default of the Consultant, the City shall pay the Consultant for the reasonable value of the
services actually performed by the Consultant up to the date of such termination, less the
aggregate of all sums previously paid to the Consultant for services performed after execution of
this agreement and prior to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
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9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and
all other materials and documents prepared by the Consultant in performance of this agreement,
and all such documents and materials shall be the property of the City; provided however, that
the Consultant may retain copies for their own use and the City shall provide a copy, at
Applicant's cost, of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures
No suit 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 ofChula Vista and acted upon by the City
of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of the Chula Vista
Municipal Code, the provisions of which are incorporated by this reference as if set fully set
forth herein.
II. Hold Harmless and Indemnification
11.1. Consultant to Indemnify City and Applicant re Injuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees and Applicant from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct
of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant 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 misconduct of the City, its officers, or
employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in
defending against such claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the City or Applicant, defend any
such suit or action brought against the City, its officers, agents, or employees or Applicant.
Consultants' indemnification of City and Applicant shall not be limited by any prior or
subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any
and all claims, losses, damages, expenses or expenditures of City, including its elected officials,
officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way
Three Party Agreement
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resulting from or arising out of the refusal to pay compensation as demanded by Consultant for
the performance of services required by this Agreement.
2. Business Licenses
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain
such business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall
have authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. 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 for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to
be given shall in itself create the right in the parties to any other or further notice or demand in
the same, similar or other circumstances.
13.4. 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.
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13.5. 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; that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. Governing LawNenue.
This Agreement shall be governed by and construed in accordance with the laws ofthe
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.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless
the same shall be in writing and signed by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
13.8. Counte:q:>arts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one
instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to
be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith
and agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not
define or limit the provisions hereof.
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13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial
exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of
any rights herein contained. The making or the acceptance of a payment by either party with
knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of
any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any
rights or remedies which the parties might otherwise have unless this Agreement provides to the
contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect
upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree
that no performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third
party beneficiary of the promises of Consultant to provide services paid for by Applicant.
(End of Page. Next Page is Signature Page.)
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Signature Page
NOW THEREFORE, the parties hereto, having read and understood the tenus and
conditions of this agreement, do hereby express their consent to the terms hereof by setting their
hand hereto on the date set forth adjacent thereto.
Dated:
City ofChula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Consultant: Merkel & Associates, Inc.
Dated:
By:
Keith Merkel, President
Dated: It-t"j-O?J
Applicant: Pacific Bay Properties
By:
Karin rogius, Vice Presi
J (ee.
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Signature Page
NOW THEREFORE, the parties hereto, having read and understood the terms and
conditions of this agreement, do hereby express their consent to the terms hereof by setting their
hand hereto on the date set forth adjacent thereto.
Dated:
City ofChula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
John M. Kaheny, City Attorney
Dated:
Consultant: Merkel & Associates, Inc.
~V1rl~M
-Kei-!h Merkel, President
!3c<<-!::hrQ L
Applicant: Pacific Bay Properties
Dated:
By:
Karin Crogius, Vice President
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Exhibit A
Reference Date of Agreement: November 15,2000
Effective Date of Agreement: Date of City Council Approval of Agreement
City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Merkel & Associates, Inc.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 5434 Ruffin Road, San Diego, CA 92123
Applicant: Pacific Bay Properties
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 2300 Boswell Road, Suite 209, Chula Vista, CA 91914
1. Property (Commonly known address or General Description):
1,197 acre Rolling Hills Ranch (AKA, Salt Creek Ranch), generally located in the northern
portion of eastern Chula Vista, in the southern foothills of San Miguel Ranch, north of
Technology Park, and northwest of Upper Otay Lake.
2. Project Description ("Project"):
2,817-unit residential subdivision including, schools, a fire station, parks, natural open space, and
community purpose facilities.
3. Entitlements applied for:
N/A
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4. General Nature of Consulting Services ("Services--General"):
Environmental Monitor Specialist (Biologist) primarily for Rolling Hills Ranch (AKA, Salt
Creek Ranch) Mitigation Monitoring Program (MMP-96-06) and other expert consulting
services related to biological resources and the Otay Ranch SPA One Plan project.
5. Detailed Scope of Work ("Detailed Services"):
The Consultant will function as the Environmental Monitor Specialist for the City of Chula Vista
for the Rolling Hills Ranch (AKA Salt Creek Ranch) project. The Consultant will provide
biotechnical support to City staff to oversee all issues related to biological resources associated
with Rolling Hills Ranch, including but not limited to overseeing the implementation of the
biological conditions ofthe Mitigation Monitoring Reporting Program (MMP-96-06). Specific
responsibilities of the Environmental Monitor Specialist (Biologist) with reference to the Rolling
Hills Ranch project will include, but may not be limited to:
I. Administration and preparation of daily logs, status reports, compliance reports and the
final construction monitoring report regarding biological impacts and mitigation as
identified in the Salt Creek Ranch Final Supplemental Environmental Impact Report
(EIR-91-03).
2. Review tentative map, final map, grading plans and improvement plans during the City
plan check process.
3. Monitoring of on-site, daily grading/construction .activities including the understanding of
all permit conditions, site specific project requirements, construction schedules, and the
environmental quality control efforts.
4. Ensure contractor knowledge of and compliance with all appropriate permit conditions.
5. Review all construction impact mitigation and if, need be propose additional mitigation
measures.
6. Have the authority to require correction of activities observed that violate project
environmental conditions or that represent unsafe or dangerous conditions.
7. Review and comment on revegetation plans.
8. Preparation ofrevegetation plans and assistance with permit processing through the Fish
and Wildlife Service and the California Department ofFish and Game.
9. Perform on-site mitigation monitoring during grading and construction including any
revegetation activities.
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6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) November 15,2000
Dates or Time Limits for Delivery of Deliver abies: NI A
Dates for completion of all Consultant services: The term of this agreement shall be for
five years from the effective date ofthis contract. This contract may be extended at the sole
discretion ofthe City for five years in one year increments.
7. Documents to be provided by Applicant to Consultant:
( ) site plans (X) grading plans ( ) architectural elevations (X) project description.
(X) other:
Improvement plans re-vegetation plans. irrigation plans
8. Contract Administrators.
City: Marilyn R.F. Ponseggi, Environmental Review Coordinator
Applicant: Karin Crogius, Pacific Bay Properties
Consultant: Kieth Merkel, Merkel & Associates, Inc.
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code:
(X)
Not Applicable.
Not an FPPC Filer.
( )
Category No. I.
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.
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( )
Category No.4.
( )
Category No.5.
( )
Category No.6.
( )
Category NO.7.
10. Insurance Requirements:
Investments in business entities and sources of income
which engage in land development, construction or the
acquisition or sale ofreal property.
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.
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.
Business positions.
( ) Statutory Worker's Compensation Insurance
( ) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
() Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
( ) Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
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Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the implementation of the
Mitigation Monitoring Program (MMP 96-01) for the Salt Creek Ranch Sectional Planning Area
(SPA) Plan Final Supplemental Environmental Impact Report (EIR-91-03).
WHEREAS, the Consultant chosen for these services was previously a subconsultant to
the Environmental Mitigation Monitoring prime contractor.
WHERAS, said previous prime contractor was selected through an informal bidding
process in accordance with the procedures in place at the time.
WHEREAS, the City's formal bidding process is waived as impractical because the Consultant,
was formally chosen through the informal bidding process as the subconsultant to the
Environmental Mitigation Monitor Prime contractor; and
WHEREAS, the City's formal bidding process is waived as impractical because the
Consultant demonstrated the ability to perform while working as a sub consultant to the
Environmental Mitigation Monitor prime contractor; and
WHEREAS, the City's formal bidding process is waived as impractical because as a
subconsultant to the Environmental Mitigation Monitor prime contractor the Consultant is
uniquely qualified to serve as the Consultant for this contract based on their past experience with
the project.
WHEREAS, City staff is now performing mitigation monitoring tasks and requires the
services of a Environmental Monitor Specialist (biologist).
WHEREAS, the Consultant has demonstrated the ability to perform while working as a
subconsultant to the Environmental Mitigation Monitor.
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Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein
required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set
forth below:
( ) Single Fixed Fee Amount: $
Milestone or Event
Amount or Percent
of Fixed Fee
I. Signing of this agreement by all parties and upon the
request of the contractor.
2.
3.
4.
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed
Fee Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee
Arrangement"). Consultant shall not commence Services under any Phase, and shall not be
entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed
to Consultant as to said Phase.
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Phase
Fee for
Said Phase
1.
$
2.
$
3.
$
4.
$
(X) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by Consultant
in the performance of said Services, at the rates or amounts set forth hereinbelow according to
the following terms and conditions:
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the General and Detailed Services herein required of Consultant for $7.300.00 annually
including all Materials, and other "reimburseables" ("Maximum Compensation") as
shown on page 21. The City will also receive a standard administrative fee paid for by
the Applicant amounting to 1 0% of the contract.
( ) Limitation without Further Authorization on Time and Materials Arrangement
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Rate Schedule
Category of Employee
Name
Principal Consultant Keith Merkel
Proj ect Coordinator
Senior Biologists Kyle Ince
Associates Biologist
Biological Technicians
Marine Technicians
Production Graphics/Tech Support
Clerical Support
Expert Witness
Restoration Work/Revegetation Technicians
Field Labor Support
Hourly
Rate
$120.00
$60.00
$72.00
$58.00
$45.00
$52.00
$42.00
$35.00
$165.00
$80.00
$80.00
(X) Hourly rates may increase by 3% for services rendered after December, 2001, if delay in
providing services is in the opinion of the City's Director of Planning and Building, caused
by the City.
Materials Separately Paid For by Applicant
Cost or Rate
(X) Materials
Reports
Copies
(X) Travel
(X) Printing
(X) Postage
(X) Delivery
(X) Long Distance Telephone Charges
(X) Other Actual Identifiable Direct Costs
Actual
Actual
Actual
Actual
Actual
Actual
Actual
(L/ A
1'..; ,
"'-/
d "
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-----------------------------------
(X) Deposit Amount: $15,000
Deposit
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this
paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City
in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold
City harmless and waive any claim against City, City shall pay Consultant's billing from the
amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of
payment, City shall consider Applicant's protest and any evidence submitted prior to the due date
for the payment of said bill by Applicant in making its good faith determination of propriety.
Applicant agrees to maintain a minimum balance of$IO,OOO in subject account which
shall be immediately replenished upon the request ofthe City.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to
compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its
option, use the Deposit to pay said billing.
----------------------------------
(X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
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RESOLUTION NO.
RESOLUTION OF THE CITY OF CHULA VISTA WAIVING THE
CITY'S FORMAL BIDDING PROCESS AS IMPRACTICAL AND
APPROVING A THREE-PARTY AGREEMENT BETWEEN THE CITY
OF CHULA VISTA; MERKEL & ASSOCIATES, CONSULTANT; AND
MCMILLIN OT A Y RANCH LLC, APPLICANT, FOR BIOLOGICAL
MITIGATION MONITORING SERVICES TO BE RENDERED FOR
OTAY RANCH, SECTIONAL PLANNING AREA ONE PLAN
(INCLUDING VILLAGES 1, and 5), AND AUTHORIZING THE
MA YOR TO EXECUTE SAID AGREEMENT
WHEREAS, the expertise of an Environmental Monitor Specialist (Biologist) is
necessary and requires the hiring of a consultant; and
WHEREAS, the Applicant has deposited an initial sum for the implementation of the
Mitigation Monitoring Program (MMP 97-01) for the Otay Ranch Sectional Planning Area One
Plan and Annexation Second-Tier Environmental Impact Report (EIR 95-01) and the Final
Second Tier Environmental Impact Report for Otay Ranch SPA One and General Development
Plan/Otay Subregional Plan Amendments (EIR-97-03); and
WHEREAS, the Consultant chosen for these services was previously a subconsultant on
the Environmental Mitigation Monitoring contract; and
WHEREAS, the City's formal bidding process is waived as impractical because the
Consultant, was formally chosen through the informal bidding process as the subconsultant to
the Environmental Mitigation Monitor Prime contractor; and
WHEREAS, the City's formal bidding process is waived as impractical because the
Consultant demonstrated the ability to perform while working as a subconsultant to the
Environmental Mitigation Monitor prime contractor; and
WHEREAS, the City's formal bidding process is waived as impractical because as a
subconsultant to the Environmental Mitigation Monitor prime contractor the Consultant is
uniquely qualified to serve as the Consultant for this contract based on their past experience
with the project; and
WHEREAS, the consultant has demonstrated the ability to perform while working as a
subconsultant to the Environmental Mitigation Monitor.
/46- !
NOW, THEREFORE, BE IT RESOLVED that for the above listed reasons, the City
Council of the City of Chula Vista does herehy find that it is necessary and appropriate to waive
the formal bidding process as impractical.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby approve a three-party agreement between the City of Chula Vista; Merkel & Associates
("Consultant") and McMillin D.A. America Otay Ranch LLC ("Applicant") for consulting
services related to biological mitigation monitoring for Otay Ranch Sectional Planning Area
One Plan (including Villages 1, a copy of which shall be kept on file in the office of the City
Clerk.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby authorize the Mayor to execute said Agreement.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning and Building
~p~/W
City Attorney
ILl 6- :J-
Three Party Agreement
Between
City of Chula Vista,
Merkel & Associates, Inc., Consnltant, and
McMillin Otay Ranch LLC, Applicant
For Consulting Work to be Rendered
With Regard to Applicant's Project
1. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes
of reference only, and effective as of the date last executed by the parties hereto, between the
City ofChula Vista ("City") herein, a municipal corporation of the State of Cali fomi a, the person
designated on the attached Exhibit A as "Consultant" Merkel & Associates, Inc., whose business
form and address is indicated on the attached Exhibit A, and the person designated on the
attached Exhibit A as "Applicant" McMillin Otay Ranch LLC, whose business form and address
is indicated on the attached Exhibit A, and is made with reference to the following facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner ofland ("Property") commonly known as,
or generally located as, described on Exhibit A, Paragraph I, or has an option or other
entitlement to develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval
of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work of the general
nature and type described in Exhibit A, Paragraph 4, ("Work") will need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the
application within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shall retain, and be
liable for the costs of retaining, Consultant, who shall perform the services required of
Consultant by this Agreement solely to, and under the direction of, the City.
Three Party Agreement
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2.6. Additional facts and circumstances regarding the background for this agreement are
set forth on Exhibit B;
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost
and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all
of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of
Consulting Services", ("General Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the benefit of City all of the services
described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"),
and all services reasonable necessary to accomplish said General Services and Detailed Scope of
Work, and shall deliver such documents required C'Deliverables") herein, all within the time
frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set
forth, within a reasonable period of time for the diligent execution of Consultant's duties
hereunder. Time is of the essence of this covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and
for the primary benefit of the City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional 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,
at its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all ofthe labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation,
office space and facilities, calculations, and all other means whatsoever, except as herein
otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to
perform and complete the work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without
regard to the conclusions reached by the Consultant, and according to the terms and conditions
set forth in Exhibit C adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15
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days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph
3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly,
not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if
checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit
for payment, and shall not be liable for the compensation unless it receives same from Applicant.
Applicant shall not make any payments of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. If the Applicant, with the concurrence of City,
determines that additional services ("Additional Services") are needed from Consultant of the
type Consultant is qualified to render or reasonably related to the Services Consultant is
otherwise required to provide by this Agreement, the Consultant agrees to provide such
additional services on a time and materials basis paid for by Applicant at the rates set forth in
Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional
Work between the parties.
3.2.2. In the event that the City shall determine that additional work is required to
be performed above and beyond the scope of work herein provided, City will consult with
Applicant regarding the additional work, and ifthereupon the Applicant fails or refuses to
arrange and pay for said Additional Services, the City may, at its option, suspend any further
processing of Applicant's Application until the Applicant shall deposit the City's estimate of the
costs of the additional work which the City determines is or may be required. Applicant shall
pay any and all additional costs for the additional work.
3.2.3. Reductions in Scope of Work. City may independently, or upon request
from Consultant, from time to time reduce the Services to be performed by the Consultant under
this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for
the purpose of negotiating a corresponding reduction in the compensation associated with said
reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the
amount of time and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant,
Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as
"Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as
indicated on Exhibit C and as hereinbelow set forth:
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3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3.1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one or more of its various bank
accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average
interest earned during the period on its general fund.
3.3.1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination
of this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the
use of the Deposit in any marmer. Nothing herein shall invalidate use ofthe Deposit in the
manner herein authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount iQ such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pay said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall
be governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing. In addition to use of the Deposit as security, in
order to secure the duty of Applicant to pay Consultant for Services rendered under this
agreement, City shall be entitled to withhold processing of Applicant's Application upon a breach
of Applicant's duty to compensate Consultant.
4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant 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:
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4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit
applied separately to each project away from premises owned or rented by Consultant, 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").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof ofInsurance Coverage.
4.2.1. Certificates ofInsurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by
delivery of Certificates ofInsurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional
Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's
Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to
the City and Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility ofthe
City and the Applicant. The Consultant shall not publish or release news items, articles or
present lectures on the Project, either during the course of the study or after its completion,
except on written concurrence of the City and Applicant.
4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such meetings with the Applicant to ensure
the adequacy of services performed by Consultant.
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5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the
Consultant and City, such documents, or copies of such documents requested by Consultant,
within the possession of Applicant reasonably useful to the Consultant in performing the services
herein required of Consultant, including but not limited to those described in Exhibit A,
Paragraph 7.
5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to enter and access
the Property, to take any borings, make any tests, conduct any surveys or reconnaissance
necessary to deliver the Services of Consultant, subject to the approval of the Applicant.
Consultant shall promptly repair any damage to the subj ect property occasioned by such entry
and shall indemnity, defend, and hold Applicant harmless from all loss, cost, damage, expenses,
claims, and liabilities in connection with or arising from any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Applicant may request such meetings as they desire with the
Consultant to ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A,
Paragraph 8, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
7. Conflicts ofInterest
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
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7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant 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.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in the property which is the subject matter of the
Project, or in any property within 10 radial miles from the exterior boundaries ofthe property
which is the subject matter of the Project, or ("Prohibited Interest").
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Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance
of this Agreement. Consultant promises to advise City of any such promise that may be made
during the Term ofthis Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of this
Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the City for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any
phase of the work with such diligence which would assure its completion within a reasonable
period oftime. Termination of this agreement because of a default of the Consultant shall not
relieve the Consultant from liability of such default.
9. City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this agreement, the CITY shall
have the absolute right at any time to terminate this agreement or any work to be performed
pursuant to this agreement.
9.2. In the event of termination of this agreement by the CITY in the absence of
default of the Consultant, the City shall pay the Consultant for the reasonable value of the
services actually performed by the Consultant up to the date of such termination, less the
aggregate of all sums previously paid to the Consultant for services performed after execution of
this agreement and prior to its termination.
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event of termination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and
all other materials and documents prepared by the Consultant in performance of this agreement,
and all such documents and materials shall be the property of the City; provided however, that
Three Party Agreement
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the Consultant may retain copies for their own use and the City shall provide a copy, at
Applicant's cost, of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures
No suit 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 ofChu1a Vista and acted upon by the City
ofChu1a Vista in accordance with the procedures set forth in Chapter 1.34 of the Chu1a Vista
Municipal Code, the provisions of which are incorporated by this reference as if set fully set
forth herein.
11. Hold Harmless and Indemnification
11.1. Consultant to Indemnify City and Applicant re Injuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees and Applicant from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct
of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant 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 misconduct of the City, its officers, or
employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in
defending against such claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the City or Applicant, defend any
such suit or action brought against the City, its officers, agents, or employees or Applicant.
Consultants' indemnification of City and Applicant shall not be limited by any prior or
subsequent declaration by the Consultant.
11.2. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnify and hold the City harmless against and from any
and all claims, losses, damages, expenses or expenditures of City, including its elected officials,
officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way
resulting from or arising out of the refusal to pay compensation as demanded by Consultant for
the performance of services required by this Agreement.
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12. Business Licenses
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain
such business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall
have authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. 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 for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to
be given shall in itself create the right in the parties to any other or further notice or demand in
the same, similar or other circumstances.
13.4. 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.
13.5. 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; that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
Three Party Agreement
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13.6. 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 ofChula Vista.
13.7. Modification.
No modification or waiver of any provision of this Agreement shall be effective unless
the same shall be in writing and signed by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one
instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to
be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith
and agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not
define or limit the provisions hereof.
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial
exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of
any rights herein contained. The making or the acceptance of a payment by either party with
knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of
any such breach.
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13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any
rights or remedies which the parties might otherwise have unless this Agreement provides to the
contrary .
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect
upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree
that no performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third
party beneficiary of the promises of Consultant to provide services paid for by Applicant.
(End of Page. Next Page is Signature Page.)
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Signature Page
NOW THEREFORE, the parties hereto, having read and understood the terms and
conditions of this agreement, do hereby express their consent to the terms hereof by setting their
hand hereto on the date set forth adjacent thereto.
Dated:
City ofChula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Dated:
Consultant: Merkel & Associates, Inc.
B
Dated:
Applicant: McMillin Otay Ranch LLC, a Delaware
Limited Liability Company
By: McMillin Companies, LLC
Its: Managing Member
Three Party Agreement
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Exhibit A
Reference Date of Agreement: November 15, 2000
Effective Date of Agreement: Date of City Council Approval of Agreement
City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Merkel & Associates, Inc.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 3944 Murphy Canyon Road, Suite Cl06, San Diego, CA 92123
Applicant: McMillin Otay Ranch LLC
Business Form of Applicant:
( ) Sole Proprietorship
( ) Partnership
(X) Corporation
Address: 2727 Hoover Avenue, National City, CA 91950
1. Property (Commonly known address or General Description):
The project includes the centra1288 acres, which is about 2,640 ft in width, near the extension of
La Media, in the Otay Ranch, Sectional Planning Area One Plan (including Villages 1 & 5),
located south of Telegraph Canyon Road/Otay lakes Road, extending south to Olympic Parkway,
between the extension of Pas eo Ranchero and Future SR-125.
2. Project Description ("Project"):
1,475-unit residential subdivision including schools, parks, open space, commercial, and
community purpose facilities.
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3. Entitlements applied for:
N/A
4. General Nature of Consulting Services ("Services--General"):
Enviromnental Monitor Specialist (Biologist) primarily for Otay Ranch SPA One Plan
Mitigation Monitoring Program (MMP-97-01) and other expert consulting services related to
biological resources and the Otay Ranch SPA One Plan project.
5. Detailed Scope of Work ("Detailed Services"):
The Consultant will function as the Enviromnental Monitor Specialist for the City ofChula Vista
for the Otay Ranch SPA One Plan project. The Consultant will provide biotechnical support to
City staff to oversee all issues related to biological resources associated with Otay Ranch SPA
One Plan, including but not limited to overseeing the implementation of the biological conditions
of the Mitigation Monitoring Reporting Program (MMP-97-01). Specific responsibilities of the
Enviromnental Monitor Specialist (Biologist) with reference to the Otay Ranch SPA One Plan
project will include, but may not be limited to:
I. Administration and preparation of daily logs, status reports, compliance reports and the
final construction monitoring report regarding biological impacts and mitigation as
identified in the Mitigation Monitoring Program (MMP-97-01) for the Otay Ranch
Sectional Planning Area One Plan and Annexation Second -Tier Environmental Impact
Report (EIR-95-01) and the Final Second Tier Enviromnental Impact Report for Otay
Ranch SPA One and General Development Plan/Otay Subregional Plan Amendments
(EIR-97-03).
2. Review tentative map, final map, grading plans and improvement plans during the City
plan check process.
3. Monitoring of on-site, daily grading/construction activities including the understanding of
all permit conditions, site specific project requirements, construction schedules, and the
environmental quality control efforts.
4. Ensure contractor knowledge of and compliance with all appropriate permit conditions.
5. Review all construction impact mitigation and if, need be propose additional mitigation
measures.
6. Have the authority to require correction of activities observed that violate project
enviromnental conditions or that represent unsafe or dangerous conditions.
7. Review and comment on revegetation plans.
8. Preparation of revegetation plans and assistance with permit processing through the Fish
and Wildlife Service and the California Department ofFish and Game.
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9. Perform on-site mitigation monitoring during grading and construction including any
revegetation activities.
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) November 15, 2000
Dates or Time Limits for Delivery of Deliverables: N/ A
Dates for completion of all Consultant services: The term of this agreement shall be for
five years from the effective date of this contract. This contract may be extended at the sole
discretion of the City for five years in one year increments.
7. Documents to be provided by Applicant to Consultant:
( ) site plans (X) grading plans ( ) architectural elevations (X) project description.
(X) other:
Improvement plans, re-vegetation plans, irrigation plans
8. Contract Administrators.
City: Marilyn R.F. Ponseggi, Environmental Review Coordinator
Applicant: Craig Fukuyama, McMillin Otay Ranch LLC
Consultant: Kieth Merkel, Merkel & Associates, Inc.
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code:
(X)
Not Applicable.
Not an 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.
Three Party Agreement
Page 16
I Y 6 - IS;
( )
Category No.4.
( )
Category No.5.
( )
Category No.6.
( )
Category No.7.
10. Insurance Requirements:
Investments in business entities and sources of income
which engage in land development, construction or the
acquisition or sale of real property.
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.
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.
Business positions.
( ) Statutory Worker's Compensation Insurance
( ) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
() Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
Three Party Agreement
Page 17
IL{B-/q
Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the implementation of the
Mitigation Monitoring Program (MMP 97-01) for the Otay Ranch Sectional Planning Area One
Plan and Annexation Second-Tier Environmental Impact Report (EIR 95-01) and the Pinal
Second Tier Environmental Impact Report for Otay Ranch SPA One and General Development
PlanlOtay Subregional Plan Amendments (EIR-97-03).
WHEREAS, the consultant chosen for these services was previously a subconsultant to
the Environmental Mitigation Monitoring prime contractor.
WHERAS, said previous prime contractor was selected through an informal bidding
process in accordance with the procedures in place at the time.
WHEREAS, the City's formal bidding process is waived as impractical because the Consultant,
was formally chosen through the informal bidding process as the subconsultant to the
Environmental Mitigation Monitor Prime contractor; and
WHEREAS, the City's formal bidding process is waived as impractical because the
Consultant demonstrated the ability to perform while working as a subconsultant to the
Environmental Mitigation Monitor prime contractor; and
WHEREAS, the City's formal bidding process is waived as impractical because as a
subconsultant to the Environmental Mitigation Monitor prime contractor the Consultant is
uniquely qualified to serve as the Consultant for this contract based on their past experience with
the proj ecl.
WHEREAS, City staffis now performing mitigation monitoring tasks and requires the
services of a Environmental Monitor Specialist (biologist).
WHEREAS, the consultant has demonstrated the ability to perform while working as a
sub consultant to the Environmental Mitigation Monitor prime contractor.
TIrree Party Agreement
Page 18
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l"\
(,)
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein
required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set
forth below:
( ) Single Fixed Fee Amount: $
Milestone or Event
Amount or Percent
of Fixed Fee
1. Signing of this agreement by all parties and upon the
request of the contractor.
2.
3.
4.
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed
Fee Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee
Arrangement"). Consultant shall not commence Services under any Phase, and shall not be
entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed
to Consultant as to said Phase.
Three Party Agreement
Page 19
I Lj(6 -t) I
Phase
Fee for
Said Phase
1.
$
2.
$
3.
$
4.
$
(X) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by Consultant
in the performance of said Services, at the rates or amounts set forth hereinbelow according to
the following terms and conditions:
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the General and Detailed Services herein required of Consultant for $3,184.00 annually
including all Materials, and other "reimburseables" ("Maximum Compensation") as
shown on page 21. The City will also receive a standard administrative fee paid for by
the applicant amounting to 10% of the contract.
( ) Limitation without Further Authorization on Time and Materials Arrangement
Three Party Agreement
Page 20
I i F~ ,~, ,'7-
Rate Schedule
Category of Employee
Name
Principal Consultant Keith Merkel
Project Coordinator
Senior Biologists Kyle Ince
Associates Biologist
Biological Technicians
Marine Technicians
Production Graphics/Tech Support
Clerical Support
Expert Witness
Restoration WorklRevegetation Technicians
Field Labor Support
Hourly
Rate
$120.00
$60.00
$72.00
$58.00
$45.00
$52.00
$42.00
$35.00
$165.00
$80.00
$80.00
(X) Hourly rates may increase by 3% for services rendered after December, 2001, if delay in
providing services is in the opinion of the City's Director of Planning and Building, caused
by the City.
Materials Separately Paid For by Applicant
Cost or Rate
(X) Materials
Reports
Copies
(X) Travel
(X) Printing
(X) Postage
(X) Delivery
(X) Long Distance Telephone Charges
(X) Other Actual Identifiable Direct Costs
Actual
Actual
Actual
Actual
Actual
Actual
Actual
.1) r/";J
ILfO-c;.i::.J
Three Party Agreement
Page 21
Deposit
(X) Deposit Amount: $15,000
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this
paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City
in good faith that Consultant's billing is proper, a judgment for which Applicant agrees to hold
City harmless and waive any claim against City, City shall pay Consultant's billing from the
amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of
payment, City shall consider Applicant's protest and any evidence submitted prior to the due date
for the payment of said bill by Applicant in making its good faith determination of propriety.
Applicant agrees to maintain a minimum balance of$IO,OOO in subject account which
shall be immediately replenished upon the request of the City.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to
compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its
option, use the Deposit to pay said billing.
(X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarter! y
( ) Other:
B. Day ofthe Period for submission of Consultant's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End of the Month
( ) Other:
C. City's Account Number:
lbree Party Agreement
Page 22
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS
IMPRACTICAL AND APPROVING AN AGREEMENT BETWEEN
THE CITY OF CHULA VISTA; MERKEL & ASSOCIATES,
CONSULTANT; AND OTAY PROJECT L.P., APPLICANT, FOR
BIOLOGICAL MITIGATION MONITORING SERVICES TO BE
RENDERED FOR OT A Y RANCH, SECTIONAL PLANNING AREA
ONE PLAN (INCLUDING VILLAGES 1, 5 AND 1 WEST), AND
AUTHORIZING THE MAYOR TO EXECUTE SAID AGREEMENT
WHEREAS, the expertise of an Environmental Monitor Specialist (Biologist) is
necessary and requires the hiring of a consultant; and
WHEREAS, the Applicant has deposited an initial sum for the implementation of the
Mitigation Monitoring Program (MMP 97-01) for the Otay Ranch Sectional Planning Area One
Plan and Annexation Second-Tier Environmental Impact Report (EIR 95-01) and the Final
Second Tier Environmental Impact Report for Otay Ranch SPA One and General Development
PlanlOtay Subregional Plan Amendments (EIR-97-03); and
WHEREAS, the Consultant chosen for these services was previously a subconsultant on
the Environmental Mitigation Monitor contract; and
WHEREAS, the City's formal bidding process is waived as impractical because the
Consultant, was formally chosen through the informal bidding process as the subconsultant to
the Environmental Mitigation Monitor Prime contractor; and
WHEREAS, the City's formal bidding process is waived as impractical because the
Consultant demonstrated the ability to perform while working as a subconsultant to the
Environmental Mitigation Monitor prime contractor; and
WHEREAS, the City's formal bidding process is waived as impractical because as a
subconsultant to the Environmental Mitigation Monitor prime contractor the Consultant is
uniquely qualified to serve as the Consultant for this contract based on their past experience
with the project; and
WHEREAS, the consultant demonstrated the ability to perform while working as a
subconsultant to the Environmental Mitigation Monitor prime contractor.
It./c'-I
NOW, THEREFORE, BE IT RESOLVED that for the above listed reasons, the City
Council of the City of Chula Vista does hereby find that it is necessary and appropriate to waive
the formal bidding process as impractical.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby approve a three-party agreement between the City of Chula Vista; Merkel & Associates
("Consultant") and Otay Project L.P. ("Applicant") for consulting services related to biological
mitigation monitoring for Otay Ranch Section Planning Area One Plan (including Villages I, 5
and I West), a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby authorize the Mayor to execute said Agreement.
Presented by
Approved as to form by
Robert A. Leiter
Director of Planning and Building
~lkp
Jo M. Kaheny
City Attorney
H: \shared\attorney\merkel resolutions
ILl t- ;;V
Three Party Agreement
Between
City of Chula Vista,
Merkel & Associates, Inc., Consultant, and
Otay Project L.P., Applicant
For Consulting Work to be Rendered
With Regard to Applicant's Project
1. Parties
This Agreement is made as of the reference date set forth in Exhibit A, for the purposes
of reference only, and effective as of the date last executed by the parties hereto, between the
City ofChula Vista ("City") herein, a municipal corporation of the State of Cali fomi a, the person
designated on the attached Exhibit A as "Consultant" Merkel & Associates, Inc., whose business
form and address is indicated on the attached Exhibit A, and the person designated on the
attached Exhibit A as "Applicant" Otay Project L.P., whose business form and address is
indicated on the attached Exhibit A, and is made with reference to the fonowing facts:
2. Recitals, Warranties and Representations.
2.1. Warranty of Ownership.
Applicant warrants that Applicant is the owner ofJand ("Property") commonly known as,
or generany located as, described on Exhibit A, Paragraph I, or has an option or other
entitlement to develop said Property.
2.2. Applicant desires to develop the Property with the Project described on Exhibit A,
Paragraph 2, and in that regard, has made application ("Application") with the City for approval
of the plan, map, zone, or other permits ("Entitlements") described on Exhibit A, Paragraph 3.
2.3. In order for the City to process the Application of Applicant, Work of the general
nature and type described in Exhibit A, Paragraph 4, ("Work") win need to be completed.
2.4. City does not presently have the "in-house" staff or resources to process the
application within the time frame requested for review by the Applicant.
2.5. This agreement proposes an arrangement by which Applicant shan retain, and be
liable for the costs of retaining, Consultant, who shan perform the services required of
Consultant by this Agreement solely to, and under the direction of, the City.
Three Party Agreement
Page 1
ILfC-3
2.6. Additional facts and circumstances regarding the background for this agreement are
set forth on Exhibit B;
3. Agreement.
NOW, THEREFORE, IT IS MUTUALLY AGREED TO AND BETWEEN THE CITY,
CONSULTANT, AND APPLICANT AS FOLLOWS:
3.1. Employment of Consultant by Applicant.
Consultant is hereby engaged by the Applicant, not the City, and at Applicant's sole cost
and expense, to perform to, and for the primary benefit of, City, and solely at City's direction, all
of the services described on the attached Exhibit A, Paragraph 4, entitled "General Nature of
Consulting Services", ("General Services"), and in the process of performing and delivering said
General Services, Consultant shall also perform to and for the benefit of City all of the services
described in Exhibit A, Paragraph 5, entitled "Detailed Scope of Work", ("Detailed Services"),
and all services reasonable necessary to accomplish said General Services and Detailed Scope of
Work, and shall deliver such documents required ("Deliverables") herein, all within the time
frames herein set forth, and in particular as set forth in Exhibit A, Paragraph 6, and if none are set
forth, within a reasonable period of time for the diligent execution of Consultant's duties
hereunder. Time is of the essence ofthis covenant.
The Consultant does hereby agree to perform said General and Detailed Services to and
for the primary benefit ofthe City for the compensation herein fixed to be paid by Applicant.
In delivering the General and Detailed Services hereunder, the Consultant shall do so in a
good, professional 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,
at its own cost and expense except for the compensation and/or reimbursement, if any, herein
promised, and shall furnish all of the labor, technical, administrative, professional and other
personnel, all supplies and materials, machinery, equipment, printing, vehicles, transportation,
office space and facilities, calculations, and all other means whatsoever, except as herein
otherwise expressly specified to be furnished by the City or Applicant, necessary or proper to
perform and complete the work and provide the Services required of the Consultant.
3.2. Compensation of Consultant.
Applicant shall compensate Consultant for all services rendered by Consultant without
regard to the conclusions reached by the Consultant, and according to the terms and conditions
set forth in Exhibit C adjacent to the governing compensation relationship indicated by a
"checkmark" next to the appropriate arrangement, by paying said amount to the City, within 15
Three Party Agreement
Page 2
/LfL~'-I
days of Consultant's billing, or in accordance with the security deposit provisions of Paragraph
3.3 and Exhibit C, if checked, and upon receipt of such payment by the City, City shall promptly,
not later than 15 days, or in accordance with the Bill Processing procedure in Exhibit C, if
checked, pay said amount to the Consultant. City is merely acting in the capacity as a conduit
for payment, and shall not be liable for the compensation unless it receives same from Applicant.
Applicant shall not make any payments of compensation or otherwise directly to the Consultant.
3.2.1. Additional Work. Ifthe Applicant, with the concurrence of City,
determines that additional services ("Additional Services") are needed from Consultant of the
type Consultant is qualified to render or reasonably related to the Services Consultant is
otherwise required to provide by this Agreement, the Consultant agrees to provide such
additional services on a time and materials basis paid for by Applicant at the rates set forth in
Exhibit C, unless a separate fixed fee is otherwise agreed upon in writing for said Additional
Work between the parties.
3.2.2. In the event that the City shall determine that additional work is required to
be performed above and beyond the scope of work herein provided, City will consult with
Applicant regarding the additional work, and if thereupon the Applicant fails or refuses to
arrange and pay for said Additional Services, the City may, at its option, suspend any further
processing of Applicant's Application until the Applicant shall deposit the City's estimate of the
costs of the additional work which the City determines is or may be required. Applicant shall
pay any and all additional costs for the additional work.
3.2.3. Reductions in Scope of Work. City may independently, or upon request
from Consultant, from time to time reduce the Services to be performed by the Consultant under
this Agreement. Upon doing so, City and Consultant agree to meet in good faith and confer for
the purpose of negotiating a corresponding reduction in the compensation associated with said
reduction. Upon failure to agree, the Fixed Fee may be unilaterally reduced by the City by the
amount of time and materials budgeted by Consultant for the Services deleted.
3.3. Security for Payment of Compensation by Applicant.
3.3.1. Deposit. As security for the payment of Consultant by Applicant,
Applicant shall, upon execution of this Agreement, deposit the amount indicated on Exhibit C as
"Deposit Amount" with the City, as trustee for Consultant, the conditions of such trust being as
indicated on Exhibit C and as hereinbelow set forth:
11uee Party Agreement
Page 3
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3.3.1.1 Other Terms of Deposit Trust.
3.3.1.1.1. City shall also be entitled to retain from said Deposit all
costs incurred by City for which it is entitled to compensation by law or under the terms of this
agreement.
3.3 .1.1.2. All interest earned on the Deposit Amount, if any, shall
accrue to the benefit of, and be used for, Trust purposes. City may, in lieu of deposit into a
separate bank account, separately account for said deposit in one or more of its various bank
accounts, and upon doing so, shall proportionately distribute to the Deposit Trust, the average
interest eamed during the period on its general fund.
3.3 .1.1.3. Any unused balance of Deposit Amount, including any
unused interest earned, shall be returned to Applicant not later than 30 days after the termination
of this Agreement and any claims resulting therefrom.
3.3.1.1.4. Applicant shall be notified within 30 days after of the
use of the Deposit in any manner. Nothing herein shall invalidate use of the Deposit in the
manner herein authorized.
3.3.1.1.5. At such time as City shall reasonably determine that
inadequate funds remain on Deposit to secure future compensation likely due Consultant or City,
City may make demand of Applicant to supplement said Deposit Amount i!l such amount as City
shall reasonably specify, and upon doing so, Applicant shall, within 30 days pays said amount
("Supplemental Deposit Amount") to City. Said Supplement Deposit Amount or Amounts shall
be governed by the same terms of trust governing the original Deposit.
3.3.2. Withholding of Processing.
In addition to use ofthe Deposit as security, in order to secure the duty of
Applicant to pay Consultant for Services rendered under this agreement, City shall be entitled to
withhold processing of Applicant's Application upon a breach of Applicant's duty to compensate
Consultant.
Three Party Agreement
Page 4
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4. Non-Service Related Duties of Consultant.
4.1. Insurance.
Consultant 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:
4.1.1. Statutory Worker's Compensation Insurance and Employer's Liability
Insurance coverage in the amount set forth in the attached Exhibit A, Paragraph 10.
4.1.2. Commercial General Liability Insurance including Business Automobile
Insurance coverage in the amount set forth in Exhibit A, Paragraph 10, combined single limit
applied separately to each project away from premises owned or rented by Consultant, 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").
4.1.3. Errors and Omissions insurance, in the amount set forth in Exhibit A,
Paragraph 10, unless Errors and Omissions coverage is included in the General Liability policy.
4.2. Proof of Insurance Coverage.
4.2.1. Certificates of Insurance. Consultant shall demonstrate proof of coverage
herein required, prior to the commencement of services required under this Agreement, by
delivery of Certificates ofInsurance demonstrating same, and further indicating that the policies
may not be canceled without at least thirty (30) days written notice to the Additional Insured.
4.2.2. Policy Endorsements Required. In order to demonstrate the Additional
Insured Coverage, Primary Coverage and Cross-liability Coverage required under Consultant's
Commercial General Liability Insurance Policy, Consultant shall deliver a policy endorsement to
the City and Applicant demonstrating same.
4.3. Public Statements.
All public statements and releases to the news media shall be the responsibility of the
City and the Applicant. The Consultant shall not publish or release news items, articles or
present lectures on the Project, either during the course of the study or after its completion,
except on written concurrence of the City and Applicant.
Three Party Agreement
Page 5
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4.4. Communication to Applicant.
Consultant shall not communicate directly to the Applicant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Consultant may request such meetings with the Applicant to ensure
the adequacy of services performed by Consultant.
5. Non-Compensation Duties of the Applicant.
5.1. Documents Access.
The Applicant shall provide to the Consultant, through the City, for the use by the
Consultant and City, such documents, or copies of such documents requested by Consultant,
within the possession of Applicant reasonably useful to the Consultant in performing the services
herein required of Consultant, including but not limited to those described in Exhibit A,
Paragraph 7.
5.2. Property Access.
The Applicant hereby grants permission to the City and Consultant to entsr and access
the Property, to take any borings, make any tests, conduct any surveys or reconnaissance
necessary to deliver the Services of Consultant, subject to the approval of the Applicant.
Consultant shall promptly repair any damage to the subject property occasioned by such entry
and shall indemnifY, defend, and hold Applicant harmless from all loss, cost, damage, expenses,
claims, and liabilities in connection with or arising from any such entry and access.
5.3. Communication to Consultant.
Applicant shall not communicate directly to the Consultant except in the presence of the
City, or by writing an exact copy of which is simultaneously provided to City, except with the
express consent of City. The Applicant may request such meetings as they desire with the
Consultant to ensure the adequacy of services performed by Consultant.
6. Administrative Representatives.
Each party designates the individuals ("Administrators") indicated in Exhibit A,
Paragraph 8, as said party's contract administrator who is authorized by said party to represent
them in the routine administration of this agreement.
Three Party Agreement
Page 6
Ii.fC~S;
7. Conflicts ofInterest
7.1. Consultant is Designated as an FPPC Filer.
If Consultant is designated on Exhibit A, Paragraph 9, as an "FPPC filer", Consultant is
deemed to be a "Consultant" for the purposes of the Political Reform Act conflict of interest and
disclosure provisions, and shall report his economic interests to the City Clerk on the required
Statement of Economic Interests in such reporting categories as are specified in Paragraph 9 of
Exhibit A, or if none are specified, then as determined by the City Attorney.
7.2. Decline to Participate.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant shall not
make, or participate in making or in any way attempt to use Consultant's position to influence a
governmental decision in which Consultant knows or has reason to know Consultant has a
financial interest other than the compensation promised by this Agreement.
7.3. Search to Determine Economic Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant warrants
and represents that Consultant has diligently conducted a search and inventory of Consultant's
economic interests, as the term is used in the regulations promulgated by the Fair Political
Practices Commission, and has determined that Consultant does not, to the best of Consultant's
knowledge, have an economic interest which would conflict with Consultant's duties under this
agreement.
7.4. Promise Not to Acquire Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant 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.
7.5. Duty to Advise of Conflicting Interests.
Regardless of whether Consultant is designated as an FPPC Filer, Consultant further
warrants and represents that Consultant will immediately advise the City Attorney of City if
Consultant learns of an economic interest of Consultant's which may result in a conflict of
interest for the purpose of the Fair Political Practices Act, and regulations promulgated
thereunder.
Three Party Agreement
Page 7
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7.6. Specific Warranties Against Economic Interests.
Consultant warrants and represents that neither Consultant, nor Consultant's immediate
family members, nor Consultant's employees or agents ("Consultant Associates") presently have
any interest, directly or indirectly, whatsoever in the property which is the subject matter of the
Project, or in any property within 10 radial miles from the exterior boundaries of the property
which is the subject matter of the Project, or ("Prohibited Interest").
Consultant further warrants and represents that no promise of future employment,
remuneration, consideration, gratuity or other reward or gain has been made to Consultant or
Consultant Associates by Applicant or by any other party as a result of Consultant's performance
of this Agreement. Consultant promises to advise City of any such promise that may be made
during the Term of this Agreement, or for 12 months thereafter.
Consultant agrees that Consultant Associates shall not acquire any such Prohibited
Interest within the Term of this Agreement, or for 12 months after the expiration of this
Agreement.
Consultant may not conduct or solicit any business for any party to this Agreement, or for
any third party which may be in conflict with Consultant's responsibilities under this Agreement.
8. Default of the Consultant for Breach.
This agreement may be terminated by the CITY for default if the Consultant breaches this
agreement or if the Consultant refuses or fails to pursue the work under this agreement or any
phase of the work with such diligence which would assure its completion within a reasonable
period of time. Termination of this agreement because ofa default of the Consultant shall not
relieve the Consultant from liability of such default.
9. City's Right to Terminate Payment for Convenience, Documents.
9.1. Notwithstanding any other section or provision of this agreement, the CITY shall
have the absolute right at any time to terminate this agreement or any work to be performed
pursuant to this agreement.
9.2. In the event of termination of this agreement by the CITY in the absence of
default of the Consultant, the City shall pay the Consultant for the reasonable value of the
services actually performed by the Consultant up to the date of such termination, less the
aggregate of all sums previously paid to the Consultant for services performed after execution of
this agreement and prior to its termination.
Three Party Agreement
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I LfC- /0
9.3. The Consultant hereby expressly waives any and all claims for damage or
compensation arising under this agreement, except as set forth herein, in the event of such
termination.
9.4. In the event oftermination of this agreement, and upon demand of the City, the
Consultant shall deliver to the City, all field notes, surveys, studies, reports, plans, drawings and
all other materials and documents prepared by the Consultant in performance of this agreement,
and all such documents and materials shall be the property of the City; provided however, that
the Consultant may retain copies for their own use and the City shall provide a copy, at
Applicant's cost, of all such documents to the Applicant.
9.5. Applicant shall have no right to terminate Consultant, and shall not exercise any
control or direction over Consultant's work.
10. Administrative Claims Requirement and Procedures
No suit 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 of Chula Vista and acted upon by the City
ofChula Vista in accordance with the procedures set forth in Chapter 1.34 ofthe Chula Vista
Municipal Code, the provisions of which are incorporated by this reference as if set fully set
forth herein.
11. Hold Harmless and Indemnification
11.1. Consultant to Indemnify City and Applicant re Injuries.
Consultant shall defend, indemnify, protect and hold harmless the City, its elected and
appointed officers and employees and Applicant from and against all claims for damages,
liability, cost and expense (including without limitation attorneys' fees) arising out of the conduct
of the Consultant, or any agent or employees, subcontractors, or others of City or Applicant 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 misconduct of the City, its officers, or
employees, or Applicant, Consultant's indemnification shall include any and all costs, expenses,
attorneys' fees and liability incurred by the City, its officers, agents, or employees or Applicant in
defending against such claims, whether the same proceed to judgment or not. Further,
Consultant at its own expense shall, upon written request by the City or Applicant, defend any
such suit or action brought against the City, its officers, agents, or employees or Applicant.
Consultants' indemnification of City and Applicant shall not be limited by any prior or
subsequent declaration by the Consultant.
Three Party Agreement
Page 9
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11.2. Applicant to Indemnify City re Compensation of Consultant.
Applicant agrees to defend, indemnifY and hold the City harmless against and from any
and all claims, losses, damages, expenses or expenditures of City, including its elected officials,
officers, employees, agents, or representatives of the City ("City Indemnitees"), in any way
resulting from or arising out of the refusal to pay compensation as demanded by Consultant for
the performance of services required by this Agreement.
12. Business Licenses
Applicant agrees to obtain a business license from the City and to otherwise comply with
Chula Vista Municipal Code, Title 5. Applicant further agrees to require Consultant to obtain
such business license and to comply with Chula Vista Municipal Code, Title 5.
13. Miscellaneous.
13.1. Consultant not authorized to Represent City.
Unless specifically authorized in writing by City, neither Consultant nor Applicant shall
have authority to act as City's agent to bind City to any contractual agreements whatsoever.
13.2. 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 for the parties in Exhibit A.
13.3. Entitlement to Subsequent Notices.
No notice to or demand on the parties for notice of an event not herein legally required to
be given shall in itself create the right in the parties to any other or further notice or demand in
the same, similar or other circumstances.
13.4. 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,
Three Party Agreement
Page 10
J if c - / ;)---
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.
13.5. 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; that
all resolutions or other actions have been taken so as to enable it to enter into this Agreement.
13.6. 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 ofChula Vista, or as close thereto as possible. Venue for this Agreement, and
performance hereunder, shall be the City of Chula Vista.
13. 7. Modification.
No modification or waiver of any provision of this Agreement shall be eft'ective unless
the same shall be in writing and signed by the parties hereto, and then shall be valid only in the
specific instance and for the purpose for which given.
13.8. Counterparts.
This Agreement may be executed in more than one counterpart, each of which shall be
deemed to be an original but all of which, when taken together shall constitute but one
instrument.
13.9. Severability.
In the event that any provision of this Agreement shall for any reason, be determined to
be invalid, illegal, or unenforceable in any respect, the parties hereto shall negotiate in good faith
and agree to such amendments, modifications, or supplements to this Agreement or such other
appropriate action as shall, to the maximum extent practicable in light of such determination,
implement and give effect to the intentions of the parties as reflected herein.
13.10. Headings.
The captions and headings in this Agreement are for convenience only and shall not
define or limit the provisions hereof.
Three Party Agreement
Page 11
/yC-13
13.11. Waiver.
No course of dealing or failure or delay, nor the single failure or delay, or the partial
exercise of any right, power or privilege, on the part of the parties shall operate as a waiver of
any rights herein contained. The making or the acceptance of a payment by either party with
knowledge of the existence of a breach shall not operate or be construed to operate as a waiver of
any such breach.
13.12. Remedies.
The rights of the parties under this Agreement are cumulative and not exclusive of any
rights or remedies which the parties might otherwise have unless this Agreement provides to the
contrary.
13.13. No Additional Beneficiaries.
Despite the fact that the required performance under this agreement may have an affect
upon persons not parties hereto, the parties specifically intend no benefit therefrom, and agree
that no performance hereunder may be enforced by any person not a party to this agreement.
Notwithstanding the foregoing, this is a three party agreement and the City is an express third
party beneficiary of the promises of Consultant to provide services paid for by Applicant.
(End of Page. Next Page is Signature Page.)
Three Party Agreement
Page 12
/t.(c-/'f
Signature Page
NOW THEREFORE, the parties hereto, having read and understood the terms and
conditions of this agreement, do hereby express their consent to the terms hereof by setting their
hand hereto on the date set forth adjacent thereto.
Dated:
City ofChula Vista
By:
Shirley Horton, Mayor
Attest:
Susan Bigelow, City Clerk
Approved as to Form:
~
Jo
Dated:
Consultant
Merkel & Associates, Inc.
Dated:
BY~cPrn~
() ~ Merkel, President
CD {"b:J.fO. L .
Applicant Otay Project L.P., a California limited
partnership
Otay Ranch Development, LLC, a
Delaware limited liability company
By:
Kim / ilkenny, Vic
Three Party Agreement
Page 13
/4-(2-/0
Exhibit A
Reference Date of Agreement: November IS, 2000
Effective Date of Agreement: Date of City Council Approval of Agreement
City ofChula Vista, 276 Fourth Avenue, Chula Vista, CA 91910
Consultant: Merkel & Associates, Inc.
Business Form of Consultant:
( ) Sole Proprietorship
( ) Partnership
( X ) Corporation
Address: 3944 Murphy Canyon Road, Suite CI06, San Diego, CA 92123
Applicant: Otay Project L.P.
Business Form of Applicant:
( ) Sole Proprietorship
(X) Partnership
( ) Corporation
Address: 350 West Ash Street, Suite 730, San Diego, CA 92101
1. Property (Commonly known address or General Description):
Otay Ranch, Sectional Planning Area One Plan (SPA One), located south of Telegraph Canyon
RoadlOtay Lakes Road, extending to East Orange Avenue, between the extension of Pas eo
Ranchero and future SR-125, excluding the central 288 acres, which is about 2,640 ft in width,
near the extension of La Media.
2. Project Description ("Project"):
4,626-unit residential subdivision including commercial, school and community purpose
facilities.
3. Entitlements applied for:
N/A
Three Party Agreement
Page 14
14C~ /~.
4. General Nature of Consulting Services ("Services--General"):
Environmental Monitor Specialist (Biologist) primarily for Otay Ranch SPA One Plan
Mitigation Monitoring Program (MMP-97-01) and other expert consulting services related to
biological resources and the Otay Ranch SPA One Plan project.
5. Detailed Scope of Work ("Detailed Services"):
The Consultant will function as the Environmental Monitor Specialist for the City of Chula Vista
for the Otay Ranch SPA One Plan project. The Consultant will provide biotechnical support to
City staff to oversee all issues related to biological resources associated with Otay Ranch SPA
One Plan, including but not limited to overseeing the implementation of the biological conditions
of the Mitigation Monitoring Reporting Program (MMP-97-01). Specific responsibilities of the
Environmental Monitor Specialist (Biologist) with reference to the Otay Ranch SPA One Plan
project will include, but may not be limited to:
I. Administration and preparation of daily logs, status reports, compliance reports and the
final construction monitoring report regarding biological impacts and mitigation as
identified in the Mitigation Monitoring Program (MMP-97-01) for the Otay Ranch
Sectional Planning Area One Plan and Annexation Second -Tier Environmental Impact
Report (EIR-95-01) and the Final Second Tier Environmental Impact Report for Otay
Ranch SPA One and General Development PlanlOtay Subregional Plan Amendments
(EIR-97-03).
2. Review tentative map, final map, grading plans and improvement plans during the City
plan check process.
3. Monitoring of on-site, daily grading/construction activities including the understanding of
all permit conditions, site specific project requirements, construction schedules, and the
environmental quality control efforts.
4. Ensure contractor knowledge of and compliance with all appropriate permit conditions.
5. Review all construction impact mitigation and if, need be propose additional mitigation
measures.
6. Have the authority to require correction of activities observed that violate project
environmental conditions or that represent unsafe or dangerous conditions.
7. Review and comment on revegetation plans.
8. Preparation ofrevegetation plans and assistance with permit processing through the Fish
and Wildlife Service and the California Department ofFish and Game.
9. Perform on-site mitigation monitoring during grading and construction including any
revegetation activities.
Three Party Agreement
Page 15
IL/e-I?
6. Schedule, Milestone, Time-Limitations within which to Perform Services.
Date for Commencement of Consultant Services:
(X) November 15,2000
Dates or Time Limits for Delivery of Deliverables: N/A
Dates for completion of all Consultant services: The term of this agreement shall be for
five years from the effective date of this contract. This contract may be extended at the sole
discretion of the City for five years in one year increments.
7. Documents to be provided by Applicant to Consultant:
( ) site plans (X) grading plans ( ) architectural elevations (X) project description.
(X) other:
Improvement plans, re-vegetation plans, irrigation plans
8. Contract Administrators.
City: Marilyn R.F. Ponseggi, Environmental Review Coordinator
Applicant: Kim J. Kilkenny, Vice-President, Otay Project L.P.
Consultant: Keith Merkel, President, Merkel & Associates, Inc.
9. Statement of Economic Interests, Consultant Reporting Categories, per Conflict ofInterest
Code:
(X)
Not Applicable.
Not an FPPC Filer.
( )
Category No. I.
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.
Three Party Agreement
Page 16
14-f!-J-g
( )
Category No.4.
( )
Category No.5.
( )
Category No.6.
( )
Category No.7.
10. Insurance Requirements:
Investments in business entities and sources of income
which engage in land development, construction or the
acquisition or sale ofreal property.
Investments in business entities and sources of income of
the type which, within the past two years, have contracted
with the City ofChula Vista (Redevelopment Agency) to
provide services, supplies, materials, machinery or
equipment.
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.
Business positions.
( ) Statutory Worker's Compensation Insurance
( ) Employer's Liability Insurance coverage: $1,000,000.
(X) Commercial General Liability Insurance: $1,000,000.
( ) Errors and Omissions insurance: None Required (included in Commercial
General Liability coverage).
() Errors and Omissions insurance: $250,000 (not included in Commercial General
Liability coverage).
Three Party Agreement
Page 17
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Exhibit B
Additional Recitals
WHEREAS, the Applicant has deposited an initial sum for the implementation of the
Mitigation Monitoring Program (MMP 97-01) for the Otay Ranch Sectional Planning Area One
Plan and Annexation Second-Tier Environmental Impact Report (ErR 95-01) and the Final
Second Tier Environmental Impact Report for Otay Ranch SPA One and General Development
PlanJOtay Subregional Plan Amendments (EIR-97-03).
WHEREAS, the Consultant chosen for these services was previously a subconsultant to
the Environmental Mitigation Monitoring prime contractor.
WHERAS, said previous prime contractor was selected through an informal bidding
process in accordance with the procedures in place at the time.
WHEREAS, the City's formal bidding process is waived as impractical because the Consultant,
was formally chosen through the informal bidding process as the subconsultant to the
Environmental Mitigation Monitor Prime contractor; and
WHEREAS, the City's formal bidding process is waived as impractical because the
Consultant demonstrated the ability to perform while working as a subconsultant to the
Environmental Mitigation Monitor prime contractor; and
WHEREAS, the City's formal bidding process is waived as impractical because as a
subconsultant to the Environmental Mitigation Monitor prime contractor the Consultant is
uniquely qualified to serve as the Consultant for this contract based on their past experience with
the project.
WHEREAS, City staff now performing mitigation monitoring tasks, requires the services
of a Environmental Monitor Specialist (biologist).
WHEREAS, the consultant has demonstrated the ability to perform while working as a
subconsultant to the Environmental Mitigation Monitor.
Three Party Agreement
Page 18
/LfC-J-O
Exhibit C
Compensation Schedule and Deposit: Terms and Conditions.
( ) Single Fixed Fee Arrangement.
For performance of all of the General and Detailed Services of Consultant as herein
required, Applicant shall pay a single fixed fee in the amounts and at the times or milestones set
forth below:
( ) Single Fixed Fee Amount:
Milestone or Event
Amount or Percent
of Fixed Fee
1. Signing of this agreement by all parties and upon the
request of the contractor.
2.
3.
4.
( ) Phased Fixed Fee Arrangement.
For the performance of each phase or portion of the General and Detailed Services of
Consultant as are separately identified in Exhibit C, under the category labeled "Phased Fixed
Fee Arrangement", Applicant shall pay the fixed fee associated with each phase of Services, in
the amounts and at the times or milestones set forth hereinbelow ("Phase Fixed Fee
Arrangement"). Consultant shall not commence Services under any Phase, and shall not be
entitled to the compensation for a Phase, unless Applicant shall have issued a notice to proceed
to Consultant as to said Phase.
Thee Party Agreement
Page 19
jyr-:J-I
Phase
Fee for
Said Phase
1.
$
2.
$
3.
$
4.
$
(X) Time and Materials
For performance of the General and Detailed Services of Consultant as herein required,
Applicant shall pay Consultant for the productive hours of time and material spent by Consultant
in the performance of said Services, at the rates or amounts set forth hereinbelow according to
the following terms and conditions:
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Consultant of time and materials in excess of said
Maximum Compensation amount, Consultant agrees that Consultant will perform all of
the General and Detailed Services herein required of Consultant for $ 33,888.00 annually
including all Materials, and other "reimburseables" ("Maximum Compensation") as
shown on page 21. The City will also receive a standard administrative fee paid for by
the Applicant amounting to 10% of the contract.
( ) Limitation without Further Authorization on Time and Materials Arrangement
Three Party Agreement
Page 20
ILle-,:.?;)...
Rate Schedule
Category of Employee
Name
Principal Consultant Keith Merkel
Project Coordinator
Senior Biologists Kyle Ince
Associates Biologist
Biological Technicians
Marine Technicians
Production Graphics/Tech Support
Clerical Support
Expert Witness
Restoration WorklRevegetation Technicians
Field Labor Support
Hourly
Rate
$120.00
$60.00
$ 72. 00
$58.00
$45.00
$52.00
$42.00
$35.00
$165.00
$80.00
$80.00
(X) Hourly rates may increase by 3% for services rendered after December, 2001, if delay in
providing services is in the opinion of the City's Director of Planning and Building, caused
by the City.
Materials Separately Paid For by Applicant
(X) Materials
Reports
Copies
(X) Travel
(X) Printing
(X) Postage
(X) Delivery
(X) Long Distance Telephone Charges
(X) Other Actual Identifiable Direct Costs
/L/C/ ;)3
Cost or Rate
Actual
Actual
Actual
Actual
Actual
Actual
Actual
Thee Party Agreement
Page 21
Deposit
(X) Deposit Amount: $15,000
(X) Use of Deposit to Pay Consultant.
Notwithstanding the sole duty and liability of Applicant to pay Consultant, if this
paragraph is "checked", upon City's receipt of billing by Consultant, and determination by City
in good faith that Consultant's billing is proper, ajudgment for which Applicant agrees to hold
City harmless and waive any claim against City, City shall pay Consultant's billing from the
amount of the Deposit. If Applicant shall protest the propriety of a billing to City in advance of
payment, City shall consider Applicant's protest and any evidence submitted prior to the due date
for the payment of said bill by Applicant in making its good faith determination of propriety.
Applicant agrees to maintain a minimum balance of$lO,OOO in subject account which
shall be immediately replenished upon the request of the City.
( ) Use of Deposit as Security Only; Applicant to Make Billing Payments.
Upon determination by City made in good faith that Consultant is entitled to
compensation which shall remain unpaid by Applicant 30 days after billing, City may, at its
option, use the Deposit to pay said billing.
(X) Bill Processing:
A. Consultant's Billing to be submitted for the following period of time:
(X) Monthly
( ) Quarterly
( ) Other:
B. Day of the Period for submission of Consultant's Billing:
(X) First of the Month
( ) 15th Day of each Month
( ) End ofthe Month
( ) Other:
C. City's Account Number:
Three Party Agreement
Page 22
ILjC~:J-Lj
ITEM TITLE:
COUNCIL AGENDA STATEMENT
Item No.: {~
Meeting Date: 11/14/00
Resolution of the City Council of the City of Chula Vista
waiving the City's formal bidding process as impracticable, approving
the third amendment to an agreement between The City of Chula Vista
and MNA Consulting for land use consulting services related to the
proposed City of Chula Vista Multiple Species Conservation Program
(MSCP) Subarea Plan and Implementing Agreement, authorizing the
Mayor to execute said agreement, and amending the Fiscal Year 2000-
2001 Budget by appropriating an additional $226,025 to the Planning and
Building Department from the available fund balance of the General
Fund.
Resolution of the City Council of the City of Chula Vista
waiving the City's formal bidding process as impracticable, approving
the second amendment to an agreement between the City of Chula Vista
and Remy, Thomas and Moose, LLP for legal services related to the
proposed City of Chula Vista Multiple Species Conservation Program
(MSCP) Subarea Plan and Implementing Agreement, authorizing the
Mayor to execute said agreement, and amending the Fiscal Year 2000-
2001 Budget by appropriating an additional $145,000 to the Planning and
Building Department from the available fund balance of the General
Fund.
Director of Plann!J1g and BUildin~
City Attorne)~)lk ft"tti-'
City Managerl~'V;1- (4/Sths Vote: Yes--L No_)
In April 1999, MNA Consulting was retained by the City of Chula Vista to draft a revised
MSCP Subarea Plan (Plan), assist in the drafting of the Implementing Agreement, and assist in
processing the Plan and Implementing Agreement through the public hearing and Wildlife
Agencies' approval process. In October 2000, the City Council adopted the Draft MSCP
Subarea Plan. There are a variety of tasks necessary to ensure smooth and timely
implementation of the Plan and the City wishes to acquire incidental take authority for Quino
checkerspot butterfly, a species not covered under the MSCP. City staff has determined that
the scope of work for completion of the City's MSCP Subarea Plan has expanded and
additional tasks have been identified related to Plan implementation and legal review. Staff
recommends that the existing agreements with MNA Consulting and Remy, Thomas and
Moose, LLP (Remy Thomas) be amended to include the expanded scope of work.
SUBMITTED BY:
REVIEWED BY:
/,- I
I'::J -
, .
Page 2, Item No.:
Meeting Date: 11/14/00
The resulting fiscal impact of approving the MNA Consulting and Remy Thomas contracts
would be an amendment to the Fiscal Year 2000-2001 budget to appropriate $226,025 and
$145,000, respectively, from the available funds balance of the City of Chula Vista General
Fund to the Department of Planning and Building.
RECOMMENDATION:
1. That the City Council adopt the Resolution waiving the City's formal bidding process as
impracticable, approving the third amendment to an agreement between The City of
Chula Vista and MNA Consulting for land use consulting services related to the
proposed City of Chula Vista Multiple Species Conservation Program (MSCP) Subarea
Plan and Implementing Agreement, authorizing the Mayor to execute said agreement,
and amending the Fiscal Year 2000-2001 Budget by appropriating an additional
$226,025 to the Planning and Building Department from the available fund balance of
the General Fund.
2. That the City Council adopt the Resolution waiving the City's formal bidding process as
impracticable, approving the second amendment to an agreement between the City of
Chula Vista and Remy, Thomas and Moose, LLP for legal services related to the
proposed City of Chula Vista Multiple Species Conservation Program Subarea Plan and
Implementing Agreement, authorizing the Mayor to execute said agreement, and
amending the Fiscal Year 2000-2001 Budget by appropriating an additional $145,000 to
the Planning and Building Department from the available fund balance of the General
Fund.
BOARDS/COMMISSIONS RECOMMENDATION: N/A
DISCUSSION:
Background
The Multiple Species Conservation Program is a comprehensive, long-term habitat
conservation plan developed to address the needs of multiple species and the preservation of
natural vegetation communities in south San Diego County. The MSCP Framework Plan was
adopted by the City of San Diego and County of San Diego in 1997. It addresses the potential
impacts of urban growth, natural habitat loss and species endangerment, and creates a plan to
mitigate for the potential loss of "Covered Species" and their habitat due to the direct impacts
of future development of both public and private lands within the MSCP study area.
In 1996, City Council authorized staff to forward a Draft MSCP Subarea Plan ("1996 Subarea
Plan") to the U.S. Fish and Wildlife Service and the City of San Diego, acting as lead agencies,
for inclusion in the Draft MSCP Subregional Plan and for consideration by the lead agencies in
their environmental review of the Draft MSCP Subregional Plan. In April 1999 the City hired
MNA Consulting to assist the City in expediting completion of its MSCP Subarea Plan. By
/5-2
Page 3, Item No.:
Meeting Date: 11/14/00
December 1999 City staff had held numerous meetings with Wildlife Agencies staff, had
submitted two Screencheck Subarea Plans to the Wildlife Agencies, and had made a diligent
effort to resolve outstanding issues. Reflecting the work and negotiation to date, on February 17,
2000 a Draft Subarea Plan was submitted to the Wildlife Agencies and distributed to interested
parties, including environmental groups and developers. Comment letters were received from 17
different stakeholders.
Through April, May, and June 2000, City staff and MNA Consultants worked to resolve
outstanding issues raised in the public comment letters. Since there were approximately 10
major unresolved policy issues between the City and the Wildlife Agencies, the City organized a
two-day retreat in late June with managers from the Wildlife Agencies and City, and
representatives from the environmental and development communities. Policy issues were
discussed until verbal agreements were reached. During July and early August, the City's
Subarea Plan was rewritten and on August 21,2000 a Screencheck Subarea Plan was distributed
to retreat participants for final comments.
On September 22, 2000 the City submitted an application to the U.S. Fish and Wildlife Service
for issuance of a Section 10(a)(I)(B) incidental take permit pursuant to the U.S. Endangered
Species Act of 1973, as amended and submitted an application to the California Department of
Fish and Game for issuance of take authorization pursuant to Section 2835 of the Fish and Game
Code. The application included the September 11, 2000 Draft City of Chula Vista MSCP
Subarea Plan, an environmental addendum for compliance with CEQA, and a September 20,
2000 Draft Implementing Agreement.
Now that City Council has adopted the City's MSCP Subarea Plan (October 17, 2000) there
are a variety of tasks necessary to ensure its smooth and timely implementation. These tasks
include completion of the Implementing Agreement, preparation of two implementing
ordinances, amendments to the Grading Ordinance, and preparation of MSCP implementation
guidelines. In addition, the City wishes to receive an incidental take permit for the Quino
checkerspot butterfly, a species not covered by the MSCP. MNA Consulting and their
subconsultant Dukek & Associates are needed to help staff accomplish these tasks.
The original agreement with Remy Thomas was intended to cover sufficient time for
completion of the CEQA analysis for the MSCP Subarea Plan including meetings with City
staff on the project, as necessary. Remy Thomas' role on the project has expanded. They
wrote the MSCP CEQA Findings of Fact and the Mitigation and Implementing Agreement
Monitoring Program for Biological Resources. Due to limitations in staff time, the City
Attorney's Office has requested that Remy Thomas take the lead for the City in negotiating the
MSCP Implementing Agreement with the Wildlife Agencies. They are also needed to
complete the legal review of CEQA analysis prepared for three MSCP Implementing
Ordinances, the MSCP Implementation Guidelines, and the Low-effect Habitat Conservation
Plan (HCP) to be prepared for the Quino checkerspot butterfly.
/5-3
Page 4, Item No.:
Meeting Date: 11/14/00
Consultant Services Selection process
1. MNA Consulting
The City of Chula Vista has determined that the scope of work for completion of the City's
MSCP has expanded and additional tasks have been identified. The City now desires MNA
Consulting's assistance with the creation of implementation ordinances and MSCP
implementation guidelines, negotiation of the Implementing Agreement, and preparation of
a Low-effect HCP for the Quino checkerspot butterfly. Department of Planning and
Building staff have determined that land use consulting services of a firm that is very
familiar with the overall Multiple Species Conservation Program and the City of Chula
Vista's MSCP Subarea Plan are necessary for timely and adequate completion of the City's
MSCP and the continuity of tasks related to the implementation of the Subarea Plan. MNA
Consulting has been under contract with the City for assisting in the preparation of the
City's MSCP Subarea Plan. Amending MNA Consulting's contract with the City will
allow for timely completion of implementation tasks associated with the Subarea Plan.
Pursuant to Chula Vista Municipal Code Section 2.56.070, staff believes that competitive
bidding is impractical, and recommends waiving the normal consultant selection process for
the following reasons:
a. MNA Consulting has provided significant time and effort in the preparation of the
City's Draft MSCP Subarea Plan and is extremely knowledgeable of the policy issues
and technical aspects of the project.
b. Selection of an alternate firm would delay Wildlife Agency approval and
implementation of the Subarea Plan, as well as impact the timeliness of processing and
approval of development projects in the Gtay Ranch, Rolling Hills Ranch, and San
Miguel Ranch.
c. Cost estimates by MNA Consulting have been reviewed and are found to be reasonable.
The consultant represents that they are experienced and staffed in a manner such that they
can prepare and deliver the required services to the City within the necessary time frames.
Department of Planning and Building staff have negotiated the details of this agreement in
accordance with procedures set forth in Sections 2.56.220-224 of the Chula Vista
Municipal Code.
2. Remy, Thomas and Moose, LLP
The City of Chula Vista has determined it is in need of specialized legal services for:
. Preparation of CEQA Findings for the MSCP Subarea Plan;
. Review of draft responses to public comments received on the February 16, 2000
Draft Chula Vista MSCP Subarea Plan;
15-'1
Page 5, Item No.:
Meeting Date: 11/14/00
. Preparation and completion of a Mitigation and Implementing Agreement
Monitoring Program for Biological Resources;
. Advising the City on proposed Critical Habitat designations for several species;
. Assistance with coordination and negotiation of an Implementing Agreement
between the City and the Wildlife Agencies; and
. Legal review of a Low-effect HCP for the Quino checkerspot butterfly and related
federal and state environmental documents
The City Attorney's Office and the Environmental Review Coordinator have determined
that the legal services of a law firm that specializes in NEPA and CEQA, as well as the
processing of permits under the federal and state Endangered Species Acts, are necessary to
ensure that environmental documents are prepared in accordance with NEP A and CEQA
and City-initiated habitat conservation plans are prepared pursuant to the federal and state
Endangered Species Acts. The law firm of Remy, Thomas and Moose, LLP is known
throughout the State of California for their expertise and experience regarding CEQA and
other environmental laws. Pursuant to Chula Vista Municipal Code Section 2.56.070, staff
believes that competitive bidding is impractical, and recommends waiving the normal
consultant selection process for the following reasons:
a. Remy, Thomas and Moose, LLP has provided significant time and effort advising on
this project, the preparation of the Environmental Impact Report for the Otay Ranch
General Development Plan, as well as numerous other environmental documents for
various projects in the City.
b. Remy, Thomas and Moose, LLP has been retained as counsel on related litigation.
c. Cost estimates by Remy, Thomas and Moose, LLP have been reviewed and are found
to be reasonable.
The consultant represents they are experienced and staffed in a manner such that they can
prepare and deliver the required services to the City within the necessary time frames. The
Environmental Review Coordinator has negotiated the details of this agreement in
accordance with procedures set forth in Sections 2.56.220-224 of the Chula Vista
Municipal Code and Sections 6.5.2 and 6.6 of the Environmental Review Procedures.
Scooe of work
I. MNA Consulting
The third amendment to the existing agreement between the City and MNA Consulting
deletes some tasks and deliverables identified for completion in the first amendment dated
December 6, 1999. These tasks and deliverables have been deleted for one of several
reasons:
/'- ,....
:? ..~:.>
Page 6, Item No.:
Meeting Date: 11/14/00
. The task or deliverable has been completed by the consultant;
. Due to enhancements in City staff, staff will complete some of the tasks initially
targeted for completion by the consultant; or
. The task or deliverable was deemed unnecessary.
Any funds allocated for deleted tasks and deliverables have been spent for other MSCP
tasks such as preparation for and negotiation with the Wildlife Agencies and revisions to
the City's MSCP Subarea Plan.
As an amendment to the existing agreement between the City of Chula Visa and MNA
Consulting, MNA Consulting will perform tasks associated with Phase II MSCP and a
Low-Effect Habitat Conservation Plan (HCP) for the Quino checkerspot butterfly for the
time period of November 2000 through August 2001. These tasks include the following:
a. Phase II MSCP
Phase II MSCP is defined as the period from the adoption of the MSCP Subarea Plan
by the City of Chula Vista City Council to the issuance of take permits by the U. S. Fish
and Wildlife Service and the California Department of Fish and Game.
Consultant and/or Consultant's biological subcontractor shall complete the following:
(1) Serve as an advisor to City on completion of three implementing ordinances;
(2) Assist City in completing MSCP Implementation Guidelines;
(3) Prepare an Initial Study of the three implementing ordinances and MSCP
Implementation Guidelines, including detailed responses to all checklist questions
and technical support documentation as necessary;
(4) Assist City in preparation for and coordination of public hearings for the three
implementing ordinances and MSCP Implementation Guidelines;
(5) Attend one Resource Conservation Commission meeting, one Planning
Commission hearing, and one City Council hearing on the implementing
ordinances and one City Council hearing on the Implementing Agreement;
(6) Serve as an advisor to City on MSCP issues in the Local Coastal Planning Area;
(7) Provide assistance to the City Attorney in the negotiation of an Implementing
Agreement between the City and the Wildlife Agencies; and
/5-0
Page 7, Item No.:
Meeting Date: 11/14/00
(8) Continue to serve as advisor to the Planning and Building Director and coordinate
continued outreach with other agencies, including the County of San Diego, City of
San Diego and the Wildlife Agencies.
b. Low-Effect Habitat Conservation Plan IHCP) for the Ouino Checkerspot Butterflv
Consultant and/or Consultant's biological subcontractor shall complete the following:
(1) Coordinate with the Wildlife Agencies to reach agreement on the approach to the
HCP;
(2) Quantify amount of take as a result of project activities;
(3) Develop and evaluate mitigation strategies;
(4) Prepare a Screencheck low-effect HCP for Quino checkerspot butterfly, including
all required sections and analyses per federal and state guidelines;
(5) Evaluate potential alternatives to the proposed project alternatives;
(6) Prepare a draft Biological Assessment if determined to be necessary by the U.S.
Fish and Wildlife Service;
(7) Prepare an Environmental Assessment/Initial Study (EA/IS), including detailed
responses to all checklist questions, technical support documentation as necessary,
and analysis supporting the use of an EA/IS;
(8) Coordinate with the Wildlife Agencies and the City to assemble all public
comments, identify and resolve issues, prepare a final low-effect HCP for Quino
checkerspot butterfly;
(9) Prepare written responses to public comments at the end of the public comment
period; and
(10) MNA Consulting Partner to participate in 60 hours of meetings and Environmental
Specialist IV to participate in 90 hours of meetings.
2. Remy, Thomas and Moose, LLP
As an amendment to the existing agreement between the City and Remy Thomas, the
following tasks associated with an expanded scope of work for completion and
implementation of the City's MSCP Subarea Plan for the time period of September 2000
through August 2001. These tasks include the following:
I~ -7
Page 8, Item No.:
Meeting Date: 11/14/00
a. Phase I MSCP
(1) Prepare CEQA Findings for the City of ChuIa Vista acting as a responsible agency
for the approval of the MSCP Subregional Plan and adoption of the Chula Vista
MSCP Subarea Plan.
(2) Review revisions of the Chula Vista MSCP Subarea Plan for compliance with
federal and state endangered species laws.
(3) Prepare a Mitigation and Implementing Agreement Monitoring Program for
Biological Resources and ensure it is consistent with the Chula Vista MSCP
Subarea Plan and Implementing Agreement.
(4) Research and advise the City on strategies to modify the critical habitat
designations for those species which affect the Chula Vista MSCP Subarea.
(5) Review public comments and responses to public comments on the Chula Vista
MSCP Subarea Plan as necessary to obtain federal and state incidental take
permits.
b. Phase II MSCP
(1) Assist in contract negotiations on behalf of the City with the Wildlife Agencies on
the MSCP Implementing Agreement, including research and review all drafts of
the Implementing Agreement to ensure compliance with applicable federal and
state endangered species laws, attend meetings with the Wildlife Agencies, and
prepare for and attend the City Council public hearing on adoption of the
Implementing Agreement.
(2) Revise the Mitigation and Implementing Agreement Monitoring Program for
Biological Resources and ensure it is consistent with the Chula Vista MSCP
Subarea Plan and Implementing Agreement.
(3) Research and advise the City on strategies to modify the critical habitat
designations for those species which affect the Chula Vista MSCP Subarea.
(4) Review the City's proposed implementing ordinances, including the HUT,
Grazing Abatement, and amendments to the Grading Ordinance for consistency
with applicable federal and state endangered species laws and for compliance with
CEQA.
(5) Review public comments and responses to public comments on the Implementing
Agreement as necessary to obtain and implement federal and state incidental take
permits.
/5 ,A,
-b
Page 9, Item No.:
Meeting Date: 11/14/00
c. Low-effect Habitat Conservation Plan (RCP) for the Quino Checkerspot Butterflv
(I) Review the low-effect Habitat Conservation Plan for the Quino checkerspot
butterfly for consistency with applicable federal and state endangered species laws
and for compliance with CEQA.
FISCAL IMPACT:
1. MNA Consulting
The City Council appropriated $127,000 for the original Agreement between the City and
MNA Consulting in April 1999, funded. by developer deposits. In December 1999,
$77,760 was appropriated for the first amendment to the MNA Consulting contract and
funded from the available fund balance of the City of Chula Vista General Fund. In June
2000, $142,200 was appropriated for the second amendment to the MNA Consulting
contract and funded from the available fund balance of the City of Chula Vista General
Fund. The resulting fiscal impact of approving the third amendment to the MNA
Consulting contract would be an amendment to the Fiscal Year 2000-2001 budget to
appropriate an additional $226,025 from the available fund balance of the City of Chula
Vista General Fund to the Department of Planning and Building. Developer
reimbursements will fund the $142,200 approved in June 2000 and the $226,025 currently
proposed for approval. Including this third contract amendment, the total fiscal impact for
MNA Consulting is $579,985.
2. Remy, Thomas and Moose, LLP
The City Council approved a budget appropriation to the Planning and Building
Department of $20,000 in April 1999 for legal services relating to the Environmental
documentation for the City's MSCP Subarea Plan, funded by developer deposits. Based on
the work to be completed an additional $12,500 was approved in December 1999, funded
from the available fund balance of the City of Chula Vista General Fund. In June 2000,
$25,000 was appropriated for the first amendment to the Remy Thomas contract and
funded from the available fund balance of the City of Chula Vista General Fund. The
resulting fiscal impact of approving this second amendment to the Remy Thomas contract
would be an amendment to the Fiscal Year 2000-2001 budget to appropriate an additional
$145,000 from the available fund balance of the City of Chula Vista General Fund to the
Department of Planning and Building. Developer reimbursements will fund the $25,000
approved in June 2000, and the $145,000 currently proposed for approval. Including this
second contract amendment, the total fiscal impact for Remy Thomas is $202,500.
/5 - 9
RESOLUTION No.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS
IMPRACTICABLE, APPROVING THE THIRD AMENDMENT TO AN
AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND MNA
CONSULTING FOR LAND USE CONSULTING SERVICES RELATED
TO THE PROPOSED CITY OF CHULA VISTA MULTIPLE SPECIES
CONSERVATION PROGRAM SUBAREA PLAN AND
IMPLEMENTING AGREEMENT, AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL
YEAR 2000-2001 BUDGET BY APPROPRIATING AN ADDITIONAL
$226,025 TO THE PLANNING AND BUILDING DEPARTMENT FROM
THE AVAILABLE FUND BALANCE OF THE GENERAL FUND
WHEREAS, on April 13, 1999 the City Council approved Resolution 19430 for a
$127,000 agreement with MNA Consulting for land use consulting services related to the City's
preparation of the Multiple Species Conservation Program (MSCP) Subarea Plan; and
WHEREAS, on November 30, 1999 the City Council approved Resolution 19674 for a
$77,760 amendment to the agreement with MNA Consulting for additional land use consulting
services related to the City's preparation of the MSCP Subarea Plan; and
WHEREAS, on June 20, 2000 the City Council approved Resolution 2000-215 for a
$142,200 amendment to the agreement with MNA Consulting for additional land use consulting
services related to the City's preparation ofthe MSCP Subarea Plan; and
WHEREAS, the scope of work has expanded to include, but is not limited to, serving as
an advisor to City on completion of three implementing ordinances, assisting City in completing
MSCP Implementation Guidelines, preparing an Initial Study of the three implementing
ordinances and MSCP Implementation Guidelines, serving as an advisor to City on MSCP issues
in the Local Coastal Planning Area, providing assistance to the City Attorney in the negotiation of
an Implementing Agreement between the City and the Wildlife Agencies, and preparing a low-
effect Habitat Conservation Plan for the Quino checkerspot butterfly; and
WHEREAS, staff recommends amending the existing contract with MNA Consulting to
encompass the expanded scope of work to help ensure the MSCP project is completed in a timely
manner; and
WHEREAS, in amending the existing contract, staff recommends waiving the City's
formal bidding process for the following reasons:
/5A -(
1. Formal bidding will result in delays in completion of the MSCP project which will
impact approval of the Otay Valley Regional Park and also impact development in
San Miguel Ranch, Otay Ranch and Rolling Hills Ranch; and
2. MNA has provided significant time and effort in the preparation of the City's Draft
MSCP Subarea Plan and is extremely knowledgeable of the political and technical
aspects of the proj ecl.
3. Cost estimates by MNA Consulting have been reviewed and are found to be
reasonable.
WHEREAS, the contract extension requested IS not to exceed $226,025 and this
appropriation was not foreseen.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the formal bidding process.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby approve the Third Amendment to an Agreement with MNA Consulting for Land Use
Consulting Services related to the proposed Multiple Species Conservation Program Subarea
Plan, a copy of which shall be kept on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby authorize the Mayor to execute the Third Amendment between the City and MNA
Consulting.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby amend the Fiscal Year 1999-2000 budget by appropriating $226,025 to the Department of
Planning and Building from the available fund balance of the General Fund.
Presented by:
Approved as to form:
~~ ~~4 /IedR
John . Kaheny
City Attorney
Robert A. Leiter
Planning and Building Director
] 1:\shared\planning\Christina\MNA Reso3.doc
2
/5A - 2.
THIRD AMENDMENT TO
the Agreement between the City of Chula Vista and
MNA Consulting, a California Corporation
Recitals
This Third Amendment is entered into effective as of November ,2000 by and between
the City of Chula Vista ("City") and MNA Consulting, a California Corporation ("Consultant"),
with reference to the following facts:
WHEREAS, City and Consultant previously entered into an agreement on April 13, 1999
whereby Consultant was to prepare a revised draft MSCP Subarea Plan and accompanying
environmental documents; and
WHEREAS, City and Consultant entered a First Amendment on December 6, 1999 for
expanded work; and
WHEREAS, City and Consultant entered a Second Amendment on June 20, 2000 for
expanded work; and
WHEREAS, the City Council adopted the September 11, 2000 Draft Chula Vista MSCP
Subarea Plan on October 17, 2000; and
WHEREAS, City needs further assistance from Consultant in seeking take permits from
the Wildlife Agencies, including but not limited to, negotiating an Implementing Agreement with
the Wildlife Agencies, creating MSCP Implementation Guidelines, completing an environmental
review of three MSCP implementing ordinances, and serving as an advisor on MSCP in the local
Coastal Planning Area; and
WHEREAS, City desires to obtain take authorization for the Quino checkerspot butterfly,
a species not covered by the MSCP; and
WHEREAS, the parties negotiated a new Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope of
Work required of Consultant to a) assist City in seeking take permits from the Wildlife Agencies,
and b) complete a low-effect Habitat Conservation Plan for Quino checkerspot butterfly
coverage and accompanying environmental documents.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section SA of the original Agreement, entitled Scope of Work and Schedule,
Detailed Scope of Work, as amended on December 6, 1999, is hereby amended to
eliminate the following paragraphs:
10f6
l'5A.3
. (2) Task II - If the EIR is adequate for the purposes of taking discretionary action on
the Subarea Plan, Consultant shall prepare Draft Findings of Fact, in accordance with
Section 15091 ofthe California Code of Regulations.
. (3) Task III - If as a result of the analysis the EIR is deemed inadequate, Consultant
shall conduct an Initial Study and provide the City with a draft completed checklist
and detailed explanation of answers, as well as a Negative Declaration or Mitigated
Negative Declaration. If after completion of an Initial Study, a Negative Declaration
or Mitigated Negative Declaration is deemed inadequate for purposes of
environmental review, preparation of any other document such as a supplemental EIR
will be considered outside the scope of this Agreement, and will require an
Amendment to this Agreement.
. Coordinate preparation by City of the Habitat Loss and Incidental Take Ordinance;
. Review MSCP-related documents such as the General Plan, SPA Ordinance, Grading
Ordinance, and Otay Ranch Resource Management Plan to determine if amendments
will be necessary to achieve consistency between MSCP Subarea Plan and said
documents;
. Attend all necessary meetings and hearings, as determined by staff, of the Resource
Conservation Commission, Planning Commission, and City Council for approval of
the Habitat Loss and Incidental Take Ordinance and other MSCP-related documents.
2. Exhibit A, Section 8C of the original Agreement, entitled Dates or Time Limits for
Delivery of Deliverables, as amended on December 6, 1999, is hereby amended to
eliminate the following paragraphs:
Deliverable No.1:
City MSCP Subarea Plan approved by City Council by February
22,2000
Deliverable No.2:
Habitat Loss and Incidental Loss Ordinance by June 30, 2000
Deliverable No.3:
Completed Amendments to MSCP-related Plans and Ordinances
by June 30, 2000
Deliverable No.4:
Task I of the Environmental Review by November 30, 1999
Deliverable No.5:
Task II (Findings of Fact) of the Environmental Review by January
3, 1999
Deliverable No 6:
Task III (Initial Study and Negative Declaration of Mitigated
Negative Declaration) of the Environmental Review by January 3,
1999
3. Exhibit A, Section 8A of the original Agreement, entitled Scope of Work and Schedule,
Detailed Scope of Work, is hereby amended to add the following paragraphs:
20f6
/5A .l-f
a. Phase II MSCP
Phase II MSCP is defined as the period from the adoption of the MSCP Subarea Plan
by the City of Chula Vista City Council to the issuance of take permits by the U.S.
Fish and Wildlife Service and the California Department ofFish and Game.
Consultant and/or Consultant's biological subcontractor shall complete the following:
(1) Serve as an advisor to City on completion of three implementing ordinances;
(2) Assist City in completing MSCP Implementation Guidelines;
(3) Prepare an Initial Study of the three implementing ordinances and MSCP
Implementation Guidelines, including detailed responses to all checklist
questions and technical support documentation as necessary;
(4) Assist City in preparation for and coordination of public hearings for the three
implementing ordinances and MSCP Implementation Guidelines;
(5) Attend one Resource Conservation Commission meeting, one Planning
Commission hearing, and one City Council hearing on the implementing
ordinances and one City Council hearing on the Implementing Agreement;
(6) Serve as an advisor to City on MSCP issues in the Local Coastal Planning Area;
(7) Provide assistance to the City Attorney in the negotiation of an Implementing
Agreement between the City and the Wildlife Agencies; and
(8) Continue to serve as advisor to the Planning and Building Director and
coordinate continued outreach with other agencies, including the County of San
Diego, City of San Diego and the Wildlife Agencies.
b. Low-Effect Habitat Conservation Plan (HCP) for the Quino Checkerspot Butterflv
Consultant and/or Consultant's biological subcontractor shall complete the following:
(1) Coordinate with the Wildlife Agencies to reach agreement on the approach to the
HCP;
(2) Quantify amount of take as a result of project activities;
(3) Develop and evaluate mitigation strategies;
(4) Prepare a Screencheck low-effect HCP for quino checkerspot butterfly, including
all required sections and analyses per federal and state guidelines;
(5) Evaluate potential alternatives to the proposed project alternatives;
30f6
!5A.
,..""".
(6) Prepare a draft Biological Assessment if determined to be necessary by the U.S.
Fish and Wildlife Service;
(7) Prepare an Environmental Assessment/Initial Study (ENIS), including detailed
responses to all checklist questions, technical support documentation as
necessary, and analysis supporting the use of an ENIS;
(8) Coordinate with the Wildlife Agencies and the City to assemble all public
comments, identify and resolve issues, prepare a final low-effect HCP for quino
checkerspot butterfly;
(9) Prepare written responses to public comments at the end of the public comment
period; and
(10) Participate in 60 hours of meetings at $140 per hour and participate in 90 hours
of meetings at $100 per hour.
4. Exhibit A, Section 8C of the original Agreement, entitled Dates or Time Limits for
Delivery of Deliverables, is hereby amended to add the following paragraphs:
Deliverable No.3:
Deliverable No.4:
Deliverable No.5:
Deliverable No.6:
Deliverable No.7:
Deliverable No.8:
Deliverable No.9:
One Initial Study covering three MSCP Implementing Ordinances
Screencheck Low-effect Habitat Conservation Plan for Quino
checkerspot butterfly
Draft Low-effect Habitat Conservation Plan for Quino checkerspot
butterfly
If necessary as determined by the Wildlife Agencies, Biological
Assessment for Draft Low-effect Habitat Conservation Plan for
Quino checkerspot butterfly
Environmental Assessment/Initial Study for Draft Low-effect
Habitat Conservation Plan for Quino checkerspot butterfly
Written Responses to Public Comments on the Draft Low-effect
Habitat Conservation Plan for Quino checkerspot butterfly
Final Low-effect Habitat Conservation Plan for Quino checkerspot
butterfly
5. Exhibit A, Section 8D of the original Agreement, entitled Date for Completion of all
Consultant Services, is hereby amended to read as follows:
a. Phase II MSCP: March 31, 2001
b. Low-Effect HCP for Quino checkerspot butterfly:
take permit for Quino checkerspot butterfly
upon issuance of the incidental
/5A'.h
40f6
6. Exhibit A, Section IIC(I) of the original Agreement, entitled Compensation, Hourly
Rate Arrangement, Not-to-Exceed Limitation on Time and Materials Arrangement.
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Not withstanding the expenditure by MNA Consulting and Subcontractor of time and
materials in excess of said Maximum Compensation amount, MNA Consulting agrees
that MNA Consulting will perform all of the General and Detailed Services contained
within this Third Amendment required of Consultant for no more than $226,025
including all Materials, and other "reimburseables" ("Maximum Compensation"), as
follows:
Phase II MSCP
Low-effect HCP for Ouino Checkerspot Butterflv
TOTAL
$ 84,050
$141.975
$226,025
Hourly Rate Schedule for MNA Consulting
Senior Partner
Laurie McKinley
David Nielsen
Cyndi Alcantara
Donna Lane
$140.00
Research Associate
Administrative Assistant
$ 85.00
$ 65.00
The Hourlv Rate Schedule for Dudek & Associates. rnc.. approved subcontractor. is
provided in Attachment I and is incoroorated herein.
7. Except as herein provided, all provisions of the original agreement and first and second
amendments to the agreement shall remain in full force and effect.
(H: ISharedIPlanninglChristina IMNA Amendment3 .doc)
50[6
15A-7
11/09/2000 09:39
5192399878
MNA CONSULTING
PAGE 07
SIGNA TORE PAGE TO THIRD AMENDMENT TO
THE AGREEMENT BETWEEN TIlE CITY OF CHULA VISTA
AND MNA CONSULTING, A CALIFORNIA CORPORATION.
City of Chula Vista
By
Shirley Horton, Mayor
Date
ATTEST:
Susan Bigelow, City Clerk
Approved in form by:
~~J?-'t?P
Jo . Kaheny, i Attorney
MNA Consulting
Dba of McKinley Nielsen,
Associates, Inc.
(J
Date
I, jtp /eo
60f6
/5A 6
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA WAIVING THE CITY'S FORMAL BIDDING PROCESS AS
IMPRACTICABLE, APPROVING THE SECOND AMENDMENT TO
AN AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
REMY, THOMAS AND MOOSE, LLP FOR LEGAL SERVICES
RELATED TO THE CITY OF CHULA VISTA MULTIPLE SPECIES
CONSERVATION PROGRAM SUBAREA PLAN AND
IMPLEMENTING AGREEMENT, AUTHORIZING THE MAYOR TO
EXECUTE SAID AGREEMENT, AND AMENDING THE FISCAL
YEAR 2000-2001 BUDGET BY APPROPRIATING AN ADDITIONAL
$145,000 TO THE PLANNING AND BUILDING DEPARTMENT FROM
THE AVAILABLE FUND BALANCE OF THE GENERAL FUND
WHEREAS, on April 13, 1999 the City Council approved Resolution 19427 which
included $20,000 in developer funding for contract environmental legal services related to
preparation of the Chula Vista Multiple Species Conservation Program (MSCP) Subarea Plan;
and
WHEREAS, on November 30, 1999, City Council approved Resolution 19675 for a
$32,500 contract with the firm of Remy, Thomas and Moose, LLP for legal services related to
the City's preparation of the MSCP Subarea Plan, and added $12,500 in general funds to the
Fiscal Year 1999-2000 budget of the Department of Planning and Building; and
WHEREAS, on June 20, 2000, City Council approved Resolution 2000-216 for a
$25,000 amendment to the contract with Remy, Thomas and Moose, LLP for expanded legal
services related to the City's preparation of the MSCP Subarea Plan, and added $25,000 in
general funds to the Fiscal Year 1999-2000 budget of the Department of Planning and Building;
and
WHEREAS, the scope of work has expanded to include, but is not limited to, preparation
of CEQA Findings for the MSCP Subarea Plan; review of draft responses to public comments
received on the February 16, 2000 Draft Chula Vista MSCP Subarea Plan; preparation and
completion of a Mitigation and Implementing Agreement Monioring Program for Biological
Resources; advising the City on proposed Critical Habitat designations for several species; assist
with the coordination and negotiation of an Implementing Agreement between the City and the
Wildlife Agencies, and legal review of a low-effect habitat conservation plan for the Quino
checkerspot butterfly and related federal and state environmental documents; and
WHEREAS, staff recommends amending the existing contract with Remy, Thomas and
Moose, LLP to encompass the expanded scope of work to help ensure the MSCP process is
completed in a timely manner; and
/56-1
WHEREAS, in amending the eXlstmg contract, staff recommends waiving the City's
formal bidding process because Remy, Thomas and Moose, LLP is uniquely qualified to provide
legal services related to preparation of the City's MSCP Subarea Plan and Implementing
Agreement due to their extensive knowledge and understanding of the project, the Chula Vista
community, the wildlife agencies, and state and federal law; and
WHEREAS, waiving the City's formal bidding process is also recommended because
delays in completion of the MSCP will impact approval of the Otay Valley Regional Park and
also impact development in San Miguel Ranch, Otay Ranch and Rolling Hills Ranch; and
WHEREAS, the contract extension requested is not to exceed $145,000 and this
appropriation was not foreseen.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Chula
Vista does hereby waive the formal bidding process.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista
approves the contract amendment with Remy, Thomas and Moose, LLP for legal services
related to the Multiple Species Conservation Program Subarea Plan and Implementing
Agreement, a copy of which shall be kept on file in the office of the City Clerk..
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby authorize the Mayor to execute the Second Amendment to an Agreement between the
City and Remy, Thomas and Moose, LLP.
BE IT FURTHER RESOLVED that the City Council of the City of Chula Vista does
hereby amend the Fiscal Year 2000-2001 budget by appropriating $145,000 to the Department of
Planning and Building from the available fund balance of the General Fund.
Presented by:
Approved as to form:
Robert A. Leiter
Planning and Building Director
~hfee<
John . Kaheny
City Homey
(H: \Shared\Planning\Christina \R TM Reso2 .doc)
2
/58-2
SECOND AMENDMENT TO
the Agreement between the City of Chula Vista and
Remy, Thomas and Moose, LLP
For Legal Consulting Services
Re: MSCP Subarea Plan
Recitals
This Second Amendment ("Second Amendment") is entered into effective as of November
, 2000 by and between the City of Chula Vista ("City") and Remy, Thomas and Moose,
LLP ("Remy Thomas"), with reference to the following facts:
WHEREAS, Remy Thomas has assisted the City with the review of legal adequacy of
certain environmental documentation required for the MSCP Subarea Plan; and
WHEREAS, City determined additional work beyond the original Scope of Work would
be necessary to complete the documents; and
WHEREAS, the parties negotiated a new Scope of Work; and
WHEREAS, the parties now desire to amend the Agreement to expand the Scope of
Work required of Remy Thomas to complete the legal review of the MSCP Subarea Plan and
associated documents.
NOW, THEREFORE, in consideration of the recitals and the mutual obligation of the
parties set forth herein, City and Remy Thomas agree as follows:
I. Exhibit A, Section SA of the original Agreement, entitled Scope of Work and Schedule,
Detailed Scope of Work, is hereby amended to add the following paragraph:
6. Consultant shall complete the below listed tasks:
MSCP - Phase I
a. Prepare CEQA Findings for the City of Chula Vista acting as a responsible
agency for the approval ofthe MSCP Subregional Plan and adoption of the Chula
Vista MSCP Subarea Plan.
b. Review revisions of the Chula Vista MSCP Subarea Plan for compliance with
federal and state endangered species laws.
10f4
/5 e -3
c. Prepare a Mitigation and Implementing Agreement Monitoring Program for
Biological Resources and ensure it is consistent with the Chula Vista MSCP
Subarea Plan and Implementing Agreement.
d. Research and advise the City on strategies to modify the critical habitat
designations for those species which affect the Chula Vista MSCP Subarea.
e. Review public comments and responses to public comments on the Chula Vista
MSCP Subarea Plan as necessary to obtain federal and state incidental take
permits.
MSCP - Phase II
a. Assist in contract negotiations on behalf of the City with the Wildlife Agencies on
the MSCP Implementing Agreement, including research and review all drafts of
the Implementing Agreement to ensure compliance with applicable federal and
state endangered species laws, attend meetings with the Wildlife Agencies, and
prepare for and attend the City Council public hearing on adoption of the
Implementing Agreement.
b. Revise the Mitigation and Implementing Agreement Monitoring Program for
Biological Resources and ensure it is consistent with the Chula Vista MSCP
Subarea Plan and Implementing Agreement.
c. Research and advise the City on strategies to modify the critical habitat
designations for those species which affect the Chula Vista MSCP Subarea.
d. Review the City's proposed implementing ordinances, including the HUT,
Grazing Abatement, and amendments to the Grading Ordinance for consistency
with applicable federal and state endangered species laws and for compliance
with CEQA.
e. Review public comments and responses to public comments on the Implementing
Agreement as necessary to obtain and implement federal and state incidental take
permits.
Low-effect Habitat Conservation Plan (HCP) for the Ouino Checkerspot Butterflv
a. Review the low-effect Habitat Conservation Plan for the Quino Checkerspot
butterfly for consistency with applicable federal and state endangered species
laws and for compliance with CEQA.
2. Exhibit A, Section 8C of the original Agreement, entitled Dates or Times for Delivery of
Deliverables, Deliverable No.2 is hereby amended to read as follows:
Draft Findings of Fact and Statement of Overriding Considerations
20f4
'5"" "
. 't..I
/ .I;::;:;' <' I
3. Exhibit A, Section 8C of the original Agreement, entitled Dates or Times for Delivery of
Deliverables, is hereby amended to add the following paragraph:
Deliverable No.4: Draft Mitigation and Implementing Agreement Monitoring Program
for Biological Resources.
Deliverable No.5: Revised Draft Mitigation and Implementing Agreement Monitoring
Program for Biological Resources.
4. Exhibit A, Section 8D of the original Agreement, entitled Date for Completion of all
Consultant Services, is hereby amended to read as follows:
August 15,2001 or upon issuance of incidental take permits by the Wildlife Agencies.
5. Exhibit A, Section 10 A of the original Agreement, entitled Compensation, Time and
Materials, Not-to-Exceed Limitation on Time and Materials Arrangement, is hereby
amended to read as follows:
(X) Not-to-Exceed Limitation on Time and Materials Arrangement
Notwithstanding the expenditure by Remy Thomas of time and materials in excess of
said Maximum Compensation amount, Remy Thomas agrees that Remy Thomas will
perform all of the General and Detailed Services contain within this Second Amendment
required of Consultant for no more than $145,000 including all Materials, and other
"reimbursables" ("Maximum Compensation"), as follows:
MSCP - Phase I
MSCP - Phase II
Low-effect HCP for Ouino Checkerspot Butterflv
TOTAL
$ 20,000
$ 95,000
$ 30.000
$145,000
Rate Schedule
Attorney Partner
Senior Associate
Tina A. Thomas
Renee F. Hawkins
$ 210.00
$165.00
Any travel or lodging costs shall be reimbursed at the actual cost incurred.
6. Except as herein provided, all provisions of the original agreement and first amendment
to the agreement shall remain in full force and effect.
30f4
/5/3 -5"
)".,8. ,UUU ,:jU~M
kEMY, THOMAS&MOOSE ,LLP
No 0539 P.5
SIGNATURE PAGE TO SECOND AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND REMY, THOMAS, AND MOOSE, LLP
City ofChuIa Vista
Remy, Thomas, and Moose, LLP
By
Shirley Horton, Mayor
By ~tL- ~
Tina J\. Thomas, Partner
Date
Date
ATTEST:
Susan Bigelow, City Clerk
Approved in form by:
~
'Attorney
40f4
Ie: n '"
1-::; O~i;:)
COUNCIL AGENDA STATEMENT
Item: JL.
Meeting Date: 11/14/00
REVIEWED BY:
Resolution Authorizing the Chula Vista Nature Center to submit a
grant proposal to the California Coastal Commission Whale Tail
Competitive Grants Program; and Authorizing the Nature Center Director to
enter into a contract with the California Coastal Commission if a grant is
awarded. ~
Nature Center Directo .
City Manager(Q)~(b I 'J
(4/5ths Vote: Yes_ NolL)
ITEM TITLE:
SUBMITTED BY:
RECOMMENDATION: That the Council adopt the Resolution.
The Chula Vista Nature Center has been invited to submit proposals to receive grant funds from
the California Coastal Commission pursuant to the Commission's 2000/2001 Whale Tail Grants
Program funded through the sale of the Whale Tail Coastal Protection License Plates. A
resolution of the City Council authorizing the Nature Center's grant proposal submittal and
designating the agency's representative is a required element of the submittal.
BOARDS/COMMISSIONS RECOMMENDATION: None
DISCUSSION:
The California Coastal Commission's 2000/2001 Whale Tail Grants Program is aimed at
encouraging the development of programs to teach California's children and the general public
to value and take responsibility for the health of the state's marine and coastal environments.
The program will distribute funds from the sale of the Whale Tail Coastal Protection License
Plates. The Commission has now authorized the allocation of $172,000 for the competitive
funding of the program. The grants will vary in size, with a few larger grants and a number of
small grants up to $10,000.
Under the rules for grant awards as stated in the solicitation for proposals, it is clear that at least
two Nature Center projects in need of funding would be eligible for consideration.
1. The FY 2001 CIP includes a project for the reconstruction of the current petting pool (GG
176). While a portion of the architectural services have been funded, the funds for
construction have not. Funding of the design and construction of the interpretive features
of the new exhibit, which would educate the public on a variety of things from watershed
ecology to the biology and physiology of salt marsh and bay-dwelling plants and animals,
are consistent with the Grant guidelines. Overall cost: $40,000 to $50,000. Grant
proposal would request $50,000 or any amount available up to $50,000.
2. In the Fall of 1998, a 49-foot Fin Whale beached itself and died on the shores of south
San Diego Bay. The Nature Center was permitted by the U.S. Fish and Wildlife Service
to receive and store the whale skeleton for future re-assembly and display. The proposed
project to professionally assemble and appropriately display the skeleton is also
consistent with the grant program guidelines. Estimated Cost: $25,000.
J~ ' I
Item#:
Meeting Date: 11/14/00
The Grant solicitation requires the applicant's submittal to include a resolution of its
governing body authorizing the submittal, granting the authority to enter into contract with the
California Coastal Commission (if a grant is awarded), and designating an individual as the
applicant's authorized representative (name and title). It is proposed that the Nature Center
Director, Daniel D. Beintema be authorized to complete the grant application to include either
or both potential projects for funding and to execute any agreements necessary if a grant is
awarded. Staff would, of course, return to the City Council for appropriation of the grant
funds and processing of any required documents.
FISCAL IMPACT:
There is no fiscal impact created by this action. If the grant(s) were to be awarded in the future,
the Nature Center could realize revenues to fund these projects where no current funding exists.
J/_;;'"
I~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE CHULA VISTA NATURE
CENTER TO SUBMIT A GRANT PROPOSAL TO THE
CALIFORNIA COASTAL COMMISSION WHALE TAIL
COMPETITIVE GRANTS PROGRAM; AND AUTHORIZING
NATURE CENTER DIRECTOR TO ENTER INTO A
CONTRACT WITH THE CALIFORNIA COASTAL
COMMISSION IF A GRANT IS AWARDED
WHEREAS, the Chula Vista Nature Center has been invited
to submit proposals to receive grant funds from the California
Coastal Commission pursuant to the commission's 2000/2001 Whale
Tail Grants Program funded through the sale of the Whale Tail
Coastal Protection License Plates; and
WHEREAS, the Commission has authorized the allocation of
$172,000 for the competitive funding of the Program with the grants
varying in size, with a few larger grants and a number of small
grants up to $10,000; and
WHEREAS, a resolution of the city Council authorizing the
Nature Center's grant proposal submittal and designating the
agency's representative is a required element of the submittal.
WHEREAS, staff would return to the city Council for
appropriation of the grants funds and processing of any required
documents.
NOW, THEREFORE, BE IT RESOLVED the City Council of the
City of Chula Vista does hereby authorize the Chula Vista Nature
Center to submit a grant proposal to the California Coastal
Commission Whale Tail Competitive Grants Program and authorizing
Nature Center Director to enter into a contract with the California
Coastal Commission; if a grant is awarded, subject to City Council
final review and approval.
Presented by
Approved as to form by
Daniel D. Beintema
Nature Center Director
"
[H:\HOME\ATTORNEYIRESOlwhale tail grant
(November 7,2000 (2: 9pm)]
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COUNCIL AGENDA STATEMENT
Item
Meeting Date
117
11/14/00
REVIEWED BY:
Resolution Accepting bids, rejecting lowest bid due to disparities
in bid proposal, awarding contract for the "Corrugated Metal Pipe (CMP)
Rehabilitation, Autumn Hills Unit 1, in the City of Chula Vista, CA (DR-
152)" project to Ford Construction Company, Inc., in the amount of
$278,000.00, appropriating $40,000.00 from the available fund balance in the
Sewer Facilities Replacement Fund as a loan to CIF Project DR-152, and
authorizing the City Manager to execute said contract
Di=<m of POb1; wo,~(flI
City Manager~" ~(l.- (4/Sths Vote: Yes...x.. No-->
ITEM TITLE:
SUBMITTED BY:
At 2:00 p.m. on Friday, November 3, 2000, the Director of Public Works received sealed bids for the
"Corrugated Metal Pipe (CMP) Rehabilitation, Autumn Hills Unit 1, in the City of Chula Vista, CA
(DR-152)" project. This project provides for the rehabilitation oftwo (2) existing 42-inch corrugated
metal pipes (CMP) as shown on the attached plats by a pipe lining method. The 42-inch CMP lines
are located within and adjacent to the Autumn Hills Unit 1 condominium property. The Autumn
Hills Unit I condominium property is situated, in general, between Malta A venue and Maple Drive
in the City of Chula Vista, California. The pipe lining method to be employed by the successful low
bidder for the project is Cured-In-Place (CIPP) pipe liner. The work also includes all labor, material,
equipment, transportation, protection and restoration, and traffic control necessary for completion of
the project.
RECOMMENDA TION:
I. That Council reject the bid submitted by the apparent lowest bidder for the "Corrugated
Metal Pipe (CMP) Rehabilitation, Autumn Hills Unit I, in the City of Chula Vista, CA (DR-
152)" project.
2. That Council accept bids, award the contract for the "Corrugated Metal Pipe (CMP)
Rehabilitation, Autumn Hills Unit I, in the City ofChula Vista, CA (DR-152)" project to the
second lowest bidder, Ford Construction Company, Inc., in the amount of $278,000.00 and
authorize the City Manager to execute said contract.
3. That Council appropriate $40,000.00 from the available fund balance in the Sewer Facilities
Replacement Fund as an additional loan to CIF Project DR-I 52.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
Ifl-
.1 I
.
Page 2, Item
Meeting Date 11/14/00
DISCUSSION:
General
This project provides for the rehabilitation of two (2) existing 42-inch corrugated metal pipes (CMF)
as shown on the attached plats by a pipe lining method. The 42-inch CMP lines are located within
and adjacent to the Autumn Hills Unit 1 condominium property. The Autumn Hills Unit I
condominium property is situated, in general, between Malta Avenue and Maple Drive in the City of
Chula Vista, California. The existing CMP lines are corroding and require rehabilitation. With the
construction of this project, the City of Chula Vista will be taking a preventative measure against the
costly repairs associated with the CMP lines collapsing and will be lessening the potential for public
inconvenience.
The upstream segment of the 42-inch CMP lines, which runs through Rohr Elementary School, was
previously rehabilitated in the Fall, 1999 and the construction of this project will complete the
rehabilitation to the outlet into Poggi Channel, except for the segment which runs through Malito
Court.
The bid documents allowed for three different methods of pipe liners to be used for the
rehabilitation. The three potential pipe liner methods were Cured-In-Place Pipe Liner (CIPP Liner),
Spirally Wound Polyvinyl Chloride (PVC) Pipe Lining System and High-Density Polyethylene
(HOPE) Solid-Wall Liner. The pipe lining method to be employed for construction by the successful
lowest bidder for the project is Cured-In-Place Pipe Liner (CIPP Liner).
The project work also includes traffic control, protection and restoration of existing improvements,
other miscellaneous work, and all labor, material, equipment and transportation necessary for the
project.
Bidding Process
Engineering staff prepared plats and specifications and advertised the project. Staff received and
opened bids for the project on November 3,2000.
Bids were received from two (2) contractors to perforrn the work as follows (listed in order of
"Original Base Bid Amount"):
Contractor Original Base Bid Amount* Actual Base Bid Amount**
Insituforrn Technologies, Inc. $773,800.00 $282,800.00
Ford Construction Company, Inc. $278,000.00 $278,000.00
*The "Original Base Bid Amount" reflects the total amount bid by the contractor as stated in their bid proposal.
**The "Actual Base Bid Amount" reflects the total amount bid by the contractor subsequent to a review of their bid
proposal by City staff.
I r") - d-
Page 3, Item
Meeting Date 11/14/00
The original low bid, submitted by Insituform Technologies, Inc., is below the engineer's estimate of
$350,000.00 by $76,200.00 or 21.8%. However, subsequent to a review of said contractor's bid
proposal by City staff, a disparity between the grand total of the various bid items and the grand total
provided in their bid proposal was discovered. The disparity resulted in the base bid grand total for
said contractor to be increased by $9,000.00. Their base bid grand total for the project is now
$282,800.00. The increase to their base bid grand total disqualified the contractor as low bidder for
the project and now ranked them as second lowest bidder. Further, the contractor failed to include
Addendum #1 for the project at the bid opening; the bid documents clearly stated that all addenda
"must be completed and submitted with the bid". Based on the preceding bid deviations, City staff
recommends that the original low bid, submitted by Insituform Technologies, Inc., be rejected by
Counci 1.
Based on the disqualification of the original lowest bid for the project, thc second lowest bid for the
project, submitted by Ford Construction Company, Inc., was reviewed by City staff for potential
award of the contract. The second lowest bid is also below the engineer's estimate of $350,000.00
by $72,000.00 or 20.6%. Staff's bid estimate was based on average unit prices received recently for
similar type of work completed during the last three (3) years. Staff has seen a recent trend with bids
coming in below the estimate, however, it is unclear as to the eventual impact on our future
construction estimates and construction costs. It is staff's opinion that the bid submitted by Ford
Construction Company, Inc. is responsi ve.
Engineering staff checked three references provided by Ford Construction Company, Inc. The
references were verified and their work has been satisfactory. Their Contractor's License No.
391570 is clear and current. Staff, therefore, recommends awarding the contract to Ford
Construction Company, Inc. of Lodi, California, in the amount of $278,000.00.
Contract Execution
In order to expedite the contract schedule for the project, City staff recommends that Council
authorize the City Manager to execute the contract. The construction schedule set for the project is
very aggressive due to the necessity to complete project construction prior to the rainy season. By
allowing the City Manager to execute the contract, project construction can begin almost
immediately thereafter.
Disclosure Statement
Attached is a copy of the contractor's Disclosure Statement.
Environmental Status
The City's Environmental Review Coordinator has reviewed the work involved in this project and
has determined that the project is exempt under Section 15301, Class Ic of the California
Environmental Quality Act (Minor Alterations of Existing Public Improvements or Public
Structures).
111. '3
Page 4, Item
Meeting Date 11/14/00
Prevailing Wage Statement
This project is funded through Sewer Facilities Replacement Fund as a loan. Based on the current
project funding guidelines, no prevailing wage requirements were necessary as part of the bid
documents.
Financial Statement
FUNDS REQUIRED FOR CONSTRUCTION
A. Contract Amount (Ford Construction Company, Inc.) $278,000.00
B. Contingencies (2:20%) $52,000.00
C. Staff Costs (Design, Inspection, Administration) $10,000.00
TOTAL FUNDS REQUIRED FOR CONSTRUCTION $340,000.00
FUNDS A V AILABLE FOR CONSTRUCTION
A. Sewer Facilities Replacement Fund (DR-152) $300,000.00
B. Appropriation of funds from the available fund balance in the Sewer $40,000.00
Facilities Replacement Fund to CIP Project DR-152.
TOTAL FUNDS A V AILABLE FOR CONSTRUCTION $340,000.00
The above action of awarding the contract will authorize a total expenditure of $300,000.00 from the
budgeted CIP project. In order to complete the project, an additional $40,000.00 will be
appropriated from the avai lable fund balance in the Sewer Facilities Replacement Fund as an
additional loan to CIP Project DR-152. The additional funds are needed to cover any potential
additional construction costs, staff costs for the preparation of the plats and specifications,
administrative costs, and the future staff costs for construction inspection. After construction, only
routine City maintenance will be required.
Attachments: Plats
Contractor's Disclosure Statement
H:\HOME\ENGINEER\AGENDA\DR 152AI13.get.doc
11/8/00 ],0017 PM
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CITY OF CHULA VISTA
CMP LINING, AUTUMN HILLS UNIT I
PROJECT FILE #DR152
PREPARED BY:
GET BVH
APPROVED BY:
JAMES R. HOLMES
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PREPARED BY:
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APPROVED BY:
JAMES R. HOLMES
Q\~S'~\o'I>of~"""'.DllC ID/I#ftIl:I <<1:4~aNlPUr
CITY OF CHULA VISTA
CMP LINING, AUTUMN HILLS UNIT I
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THE CITY OF CHULA VISTA DISCLOSURE STATEMENT
Pursuant to Council Policy 101-01, prior to any action upon matters which will require discretionary
action by the Council, Planning Commission and all other official bodies of the City, a statement of
disclosure of certain ownership or financial interests, payments, or campaign contributions for a City of
Chula Vista election must be filed. The following information must be disclosed:
I. List the names of all persons having a financial interest in the property that is the subject of the
application or the contract, e.g., owner, applicant, contractor, subcontractor, material supplier.
NONE N/A
2. If any person' identified pursuant to (I) above is a corporation or partnership, list the names of all
individuals with a $1000 investment in the business (corporation/partnership) entity.
N/A
3. If any person' identified pursuant to (I) above is a non-profit organization or trust, list the names
of any person serving as director of the non-profit organization or as trustee or beneficiary or
trustor of the trust.
N/A
4. Please identify every person, including any agents, employees, consultants, or independent
contractors you have assigned to represent you before the City in this matter.
N/A
13
H:IHOMEIENGINEERIADMIN\CONTRACTlDRI52.DOC
'Ii (""'1
i ' / - !
5. Has any person' associated with this contract had any financial dealings with an official" of the
City ofChula Vista as it relates to this contract within the past 12 months? Yes_No~
If Yes, briefly describe the nature of the financial interest the official" may have in this contract.
6. Have you made a contribution of more than $250 within the past twelve (12) months to a current
member of the Chula Vista City Council? Yes No X If Yes, which Council member?
7. Have you or any member of your governing board (i.e. Corporate Board of Directors/Executives,
non-profit Board of Directors made contributions totaling more than $1,000 over the past four (4)
years to a current member of the Chula Vista City Council? Yes No X If Yes, which
Council member? .
8. Have you provided more than $300 (or an item of equivalent value) to an official" of the City
ofChula Vista in the past twelve (12) months? (This includes being a source of income, money to
retire a legal debt, gift, loan, etc.) Yes _ No X If Yes, which official" and what was
the nature of item provided?
Date: 11 / 02 /00
,
D. O. FORD, PRESIDENT
Print or type name of Contractor/Applicant
, Person is defined as: any individual, firm, co-partnership, joint venture, association, social club,
fraternal organization, corporation, estate, trust, receiver, syndicate, any other county, city, municipality,
district, or other political subdivision, -or any other group or combination acting as a unit.
" Official includes, but is not limited to: Mayor, Council member, Planning Commissioner,
Member ofa board, commission, or committee of the City, employee, or staff members.
14
H:IHOMEIENGINEER>ADMINICONTRACTIDR I 52.DOC
! rj. ~
RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ACCEPTING BIDS, REJECTING LOWEST BID
DUE TO DISPARITIES IN BID PROPOSAL, AWARDING
CONTRACT FOR THE "CORRUGATED METAL PIPE (CMP)
REHABILITATION, AUTUMN HILLS UNIT 1, IN THE CITY
OF CHULA VISTA, CA (DR-152)" PROJECT TO FORD
CONSTRUCTION COMPANY, IN THE AMOUNT OF
$278,000.00, APPROPRIATING $40,000.00 FROM THE
AVAILABLE FUND BALANCE IN THE SEWER FACILITIES
REPLACEMENT FUND AS A LOAN TO CIP PROJECT DR-152,
AND AUTHORIZING THE CITY MANAGER TO EXECUTE SAID
CONTRACT
WHEREAS, at 2:00 p.m. on Friday, November
of Public Works received the following two
"Corrugated Metal Pipe Rehabilitation, Autumn
City of Chula Vista, CA (DR-152)" project:
3, 2000, the Director
sealed bids for the
Hills unit 1, in the
Contractor Original Base Bid Amount* Actual Base Bid Amount**
Insitufonn Technologies, Inc. $273,800.00 $282,80000
Ford Construction Company, Inc. $278,000.00 $278,000.00
*The "Original Base Bid Amount" reflects the total amount bid by the contractor as stated in their bid proposal.
**The "Actual Base Bid Amount" reflects the total amount bid by the contractor subsequent to a revie,,-,' ofthclf bid proposal by
City staff.
WHEREAS, the original low bid, submitted by Insituform
Technologies, Inc., is below the engineer's estimate of $350,000.00 by
$76,200.00 or 21.8%, however, subsequent to a review of said
contractor's bid proposal by City staff, a disparity between the grand
total of the various bid items and the grand total provided in their
bid proposal was discovered; and
WHEREAS, the disparity resulted in the base bid grand total for
said contractor to be increased by $9,000.00 and their base bid grand
total for the project is now $282,800.00; and
WHEREAS, the increase to their base bid grand total disqualified
the contractor as low bidder for the proj ect and now ranked them as
second lowest bidder and further, the contractor failed to include
Addendum #1 for the proj ect at the bid opening; the bid documents
clearly stated that all addenda "must be completed and submitted with
the bid" i and
WHEREAS, based on the preceding bid deviations,
recommends that the original low bid, submitted by
Technologies, Inc., be rejected by Council; and
City staff
Insituform
WHEREAS, based on the disqualification of the original lowest bid
for the project, the second lowest bid for the project, submitted by
1'7- '?
Ford Construction Company, Inc., was reviewed by City staff for
potential award of the contract and it is staff's opinion that the bid
submitted by Ford Construction Company, Inc. is responsive; and
WHEREAS, staff, therefore,
Ford Construction Company, Inc.
$278,000.00; and
recommends awarding the contract to
of Lodi, California, in the amount of
WHEREAS, in order to expedite the contract schedule for the
project, City staff recommends that Council authorize the City Manager
to execute the contract so project construction can begin almost
immediately thereafter; and
WHRERAS, the City's Environmental Review Coordinator has reviewed
the work involved in this project and has determined that the project
is exempt under Section 15301, Class lc of the California
Environmental Quality Act (Minor Alterations of Existing Public
Improvements or Public Structures) .
NOW, THEREFORE, BE IT RESOLVED the City Council of the City of
Chula Vista does hereby reject the bid submitted by Insituform
Technologies, Inc., the apparent lowest bidder for the "Corrugated
Metal Pipe (CMP) Rehabilitation, Autumn Hills Unit 1, in the City of
Chula vista, Ca. (DR-152)" project.
BE IT FURTHER RESOLVED the City Council does hereby accept bids
and award the contract for the "Corrugated Metal Pipe (CMP)
Rehabilitation, Autumn Hills Unit 1, in the City of Chula Vista, Ca.
(DR-152)" Project to the second lowest bidder, Ford Construction
Company, Inc. in the amount of $278,000.00.
BE IT FURTHER RESOLVED that the City Manager of the City of Chula
Vista is hereby authorized and directed to execute said contract for
and on behalf of the City of Chula Vista.
BE IT FURTHER RESOLVED that the amount of $40,000.00 is hereby
appropriated from the available fund balance in the Sewer Facilities
Replacement Fund as an additional loan to CIP Project Dr-152.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
[H:\HOME\ATTORNEY\RESO\ Autumn Hills Bid
iNovemi:>er 9, 2000 18 43AMI]
2
r7~ / D
COUNCIL AGENDA STATEMENT
ITEM~
MEETING DATE 11/14/00
ITEM TITLE: Resolution authorizing an amendment to the
Memorandum of Understanding (MOU) with the Chula Vista Police Officers'
Association extending the MOU for two years and providing additional
compensation and benefits and amending the FY01 budget and appropriating
$282,000 from the unappropriated balance of the General Fund.
SUBMITTED BY: City Manager
(4/5ths Vote: Yes 21; No_ )
This item is under negotiation and will be delivered under separate cover.
I~
COUNCIL AGENDA STATEMENT
Item /q
Meeting Date 11/14/00
ITEM TITLE: Resolution Waiving Grading Deviation Policy, No. 460-02, and
authorizing the initiation of proceedings for the transfer of City Open Space
property to certain residents within the Bonita Ridge Estates Open Space
District No.4
SUBMITTED BY' 01="" of ,,"~li~ W"'''f~
REVIEWED BY: City Manager&t,,~? (4/5ths Vote: Yes_NoX)
The resident at 426 Camino Elevado, Mr. Juan Quintero brought to the City's attention that there
exists a discrepancy in the legal lot boundary between his property and the adjacent City owned
Open Space lot. After examination, staff determined that there are likely several properties in the
this subdivision with rear yards encroaching into the adjacent Open Space lot as result of a failure to
process boundary adjustment documents by the developer back in 1974. Mr. Quintero wishes to
process a boundary adjustment document that will correct the boundary discrepancy. Staff is
recommending waiving Council Policy 460-02, Grading Deviation Policy, for Mr. Quintero and the
other residents with similar boundary problems within the Bonita Ridge Estates Open Space District
No.4 for a period of two years and allowing the residents to process boundary adjustment plats in
order to eliminate the discrepancy.
RECOMMENDATION: That Council approve the resolution waiving Grading Deviation Policy,
No. 460-02, and authorizing the initiation of proceedings for the transfer of City Open Space
property to certain residents within the Bonita Ridge Estates Open Space District No.4.
BOARDS/COMMISSIONS RECOMMENDATION: None.
DISCUSSION:
On May 19,1998, Mrs. Dawn Quintero approached the City Council to ask if the City would adjust
the lot lines between her property located at 426 Camino Elevado and the adjacent City owned Open
Space Lot (Council minutes, Exhibit "A"). She contended that the lot lines of her property and her
neighbors were wrong because according to the assessor's maps, their rear yards were actually within
the adjacent Open Space lot.
On June 24, 1998, Juan Quintero was sent a letter by the City Engineer indicating that City staff
would recommend to the City Council the relinquishment of the portion of the Open Space lot
adjacent to their property up to the top of slope. The letter also indicated that they would be
responsible for processing a Lot Line Adjustment Plat through the City (Exhibit "B").
Recently, Mr. Quintero contacted the Engineering Division to inform us he was ready to file for the
Lot Line Adjustment Plat. Staff met with Mr. Quintero at his house to investigate the situation and
explain the Lot Line Adjustment process. After roughly measuring the lot with Mr. Quintero, it was
apparent that there was a problem with the location of the rear lot lines of his property. The rear lot
)q-I
Page 2, Item 11
Meeting Date 11/14/00
line appeared to fall well short of the edge of the flat pad area of his backyard. Further investigation
revealed that the lot dimensions shown on the grading plan for this subdivision did not match those
shown on the recorded subdivision map. This discrepancy between grading plan and subdivision
map appeared on at least 12 additional parcels along the same Open Space lot. On all of the
mismatching lots, the subdivision map lots were smaller than the ones shown on the grading plans.
This meant that the flat backyard areas of these lots were all encroaching into the adjacent Open
Space Lot. While the City maintains the Open Space District, these areas have always appeared to
be a part of the residents' yards and have been maintained by them. Staff acknowledged the problem
to Mr. Quintero and recommended that a public meeting be held among the affected property owners
to explain the situation and procedure for adjusting the boundaries of the affected parcels.
During its review, staff became aware of Grading Deviation Policy No. 460-02 (Exhibit "C") that
appeared to be developed specifically for the grading vs. lot line deviations for this area of the City.
The policy lays out the following specific requirements that must be met before the homeowner is
able to purchase the property from the City:
I) Site must be found to be eligible for disposition and sale.
2) Obtain the support of the homeowners who comprise the affected open space district by
means of a mail-in ballot.
3) Obtain approval from the City's Environmental Review Coordinator by means of a suitable
environmental review of the area considered "saleable".
4) Submit an appraisal from a qualified real estate appraiser for the property to be transferred.
5) Prepare proper legal descriptions of the properties involved and submit adjustment plat for
City approval.
In addition to the above-mentioned steps to acquire the open space property, the policy restricts the
use of this property after it's transfer. The use of the property must be compatible with open space.
This means the City's landscape architect must approve landscaping on this property and no visibly
obtrusive above-ground structures are allowed. Also, the additional open space property shall not be
used to determine the floor area ratio, nor may it be used for the purpose of subdividing the original
property.
Staff believes the Grading Deviation Policy was developed to allow residents to obtain leftover level
pad areas within dedicated Open Space contiguous to some properties in order to increase the usable
area of their rear yards. The grading deviation at the Quintero's residence and many of their
neighbors is of a different nature than those targeted by this policy. These properties do not have
adjacent leftover level areas within Open Space but rather the Open Space land appears to encroach
into the flat rear yards of their lots. The City's survey crew verified this by locating the legal lot
boundary of Mr. Quintero's property. Pictures of the survey reveal that the rear lot line falls well
short of the top of the adjacent slope, which should be the edge of the Open Space lot (Exhibit "D").
Therefore, staff recommends waiving Grading Deviation Policy 460-02 for residents with boundary
discrepancies of the nature described above within Bonita Ridge Estates Open Space District No.4
for a period of two years for the following reasons:
19" ?-
Page 3, Item /,1
Meeting Date 11/14/00
1) Developer failed to process boundary adjustments. It appears the developer knew of the
boundary discrepancy because the grading plans were changed to reflect the proper
boundaries, but the subdivision map was never corrected,
2) The portions of the open space property to be adjusted appear to be a part of the adjacent
back yards,
3) The portions of the open space property to be adjusted were never maintained by the City as
part of the open space lot
4) Grading Deviation Policy 460-02 was not intended to be a requirement to correct boundary
discrepancies such as these,
If the recommendation is approved, staff will notify the property owners with the known boundary
discrepancies and hold a public forum to explain the steps needed to file boundary adjustment
documents, After the boundary adjustment documents are submitted and reviewed, staff will ask for
Council approval of the new boundaries and final transfer of the property. All residents in the Bonita
Ridge Estates Subdivision have been notified of tonight's agenda item,
The Environmental Review Coordinator has determined that the proposed project is exempt pursuant
to CEQA, Section 15305, Class 5 (a), Minor Alterations in Land Use Limitations,
FISCAL IMPACT: If approved, the City Open Space District will forgo payment for transfer of
property from the district to the homeowners. At this time, staff has no way of estimating the total
area or value of this property.
If approved, staff will require a deposit to cover processing costs of any boundary adjustment
documents submitted as a result of this item.
Attachments: Exhibit "A" - Council minutes from May 19, 1998
Exhibit "B" - Letter from City Engineer
Exhibit "C" - Grading Deviation Policy, 460-02
Exhibit "D" - Pictures of backyard survey
SE
File: 0600-7D-ER-OOl
11/8/00 m08m AM
H:IHOMElENGINEERIAGENDA IELEV AD02.SL Y.DOC
)q-3
Minutes
May 19, 1998
Page 2
EXHIBIT" A"
reportable actions which are required under the Brown Act to be reported.
letter was received and filed.
~ Letter from Juan and Dawn Quintero asking the
~d the assessor's map to not show their property
referred back to staff.
The
City to
as open
do a land survey and
space. The item was
. Dawn Quintero, 426 Camino Elevado, Bonita, 91902, requested that Council
reconsider and look not only at the problem with the boundary lines for her
property, but also for her neighbors. The lot lines are wrong in more than just
one property according to the grading map and the assessor's parcel map. Her
neighbors' property on both sides of her property are in open space. council
minutes provided by City staff show that the subdivision was proposed to have the
smallest lot of 7,500 square feet. Her property on the title is less than that.
She wanted to know why there are these discrepancies and would like to have the
City look into this problem. She requested Council's assistance in this matter.
Mayor Horton stated that because she lived very close to the subject property,
she would have to abstain. Mayor Horton left ~he dais and Mayor Pro Tem Rindone
chaired the remainder of the discussion.
MS (Padilla/Moot) to refer the item back to staff.
John Lippitt, Director of Public Works, stated staff needed to meet with all the
property owners involved. This subdivision map was created in the early 70s
through the land development process at that time. Grading deviations were made;
it was one of the first Hilltop subdivisions that the City was involved in.
There are processes that can be done to correct it, but it does require some
private engineering work in order to adjust the boundaries. After this is done,
staff can come back to Council with a final report. Since this does involve some
research, it will take about sixty days.
Ms. Quintero stated in talking with the Engineering staff, some steps were laid
out for them. One of the steps was getting an engineer and an attorney. Even
if they were to spend that money, there was no guarantee that there would be any
kind of a favorable adjustment made. She felt that if they invest money, then
they hoped they would get a favorable response.
Councilmember Moot s~ated that as far as Council was concerned, she could skip
the attorney, but maybe invest the money in doing some engineering work. If
there is a problem, he was certain the Council would correct it.
VOTE ON MOTION:
Motion was approved 4-0-0-1 (Horton abstaining)
5C. Letters of resignation from the Youth Commission - Elizabeth Cox and Jim
perondi. The resignations were accepted with regret, and the City Clerk was
directed to post the vacancy immediately according to the Maddy Act in the
Clerk's Office and the Public Library.
6. RESOLUTION 18993 APPROVING THE FIRST AMENDMENT TO AGREEMENT FOR CITY OF
CHULA VISTA POLICE AND FIRE SERVICES ON SAN DIEGO UNIFIED PORT DISTRICT PROPERTY,
AND AUTHORIZING MAYOR TO EXECUTE SAME - The City's 1994 agreement with the Port
District to provide Police and Fire Protection Services to Port property expired
on June 30, 1997. In the Spring of 1997, the City proposed an extension of the
agreement as well as an update to some of the cost-related data used to calculate
the reimbursement amount. Since that time, the Port District has evaluated the
City's proposal and requested some clarification of cost calculation methodology.
The First Amendment to the agreement reflects mutual agreement on cost
calculation methodology and extends the term of the agreement until June 30,
2000. Per staff's recommendation, the resolu~ion was approved unanimously 5-0.
(Fire Chief and Chief of police)
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619 231 7201 06/08 '00 12:56 NO.428 01
~\rf:.. EXHIBIT "B"
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CI1Y OF
CHULA VISfA
DEPARTMENT OF PUBLIC WORKS
ENGINEERING DIVISION
June 24, 1998
File No. 0600-70-EROO1
Juan Quintero
426 Camino Elevado
Bonita, California 91902-2502
LOT LINE. ADJUSTl\1El"l'T AT 426 CAMINO ELEV ADO
This letter is to confIrm terms and conditions for the lot line adjustment of your property as
discussed by phone with yourself and Silvester Evetovich, Civil Engineer on. June 23, 1998.
City staff has agreed to recommend to the City Council the relinquishment of th.e portion of the
Open Space lot adjacent to your property up to the top of the existing slope, providing that you
process the required Lot Line Adjustment Plat through the Engineering Departmf:nt. The
boundary adjustment shall include the direct straight extensions of your two side lot lines with the
rear lot line following the approximate rim of the existing graded flat terrain. Thank you for
meeting with Silvester Evetovich and obtaining your Lot Line Adjustment Plat submittal.
requirements. After receiving your boundary adjustment package, engineering staff will work to
process your application as expeditiously as possible.
If you should have any questions, please contact Silvester Evetovich, Civil Engineer, at 691-5115.
~~
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CL RD L. SWANSON
DEPUTY PUBLIC WORKS DIRECTOR/CITY ENGINEER
276 FOURTH AVE/CHULA VISTA, CALIFORNIA 91910/(619) 6'31~SO;Z'
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EXHIBIT" C"
CX>UNCIL POLICY
CITY OF CHULA VISTA
I
SUBJECf: GRADING DEVIATION POUCY
POLICY
NUMBER
EFFECI1VE
DATE
PAGE
1 OF 4
ADOPTED BY: Resolution No. 12571
460-02 09-23-86
I DATED: 09-23-86
BACKGROUND
The preservation of open space areas has been of major concern to the City of Chula Vista for many years.
Open space provides the citizens of this community with scenic vistas, preservation of natural resources,
outdoor recreation, and other general benefits that enhance the quality of life.
On October 17, 1978, City Council adopted Ordinance No. 1836 which established a policy and procedure for
the general citizenry to utilize, for the private use, specific areas within dedicated Open Space. Since that
time, there have been requests for allowing encroachments which are not in conformance with the intent of
Ordinance No. 1836. As a result of grading deviations in Rancho Robinhood District #3; Bonita Ridge Estates
District #4; and Bonita Robinhood District #8, there exists leftover level pad areas contiguous to some
properties.
PURPOSE
It is the purpose of this policy to provide the procedures and criteria to be used to identify and to sell City
dedicated open space property for the specific purpose of correcting grading deviations made at the time of
subdivision development.
POUCY
The following Grading Deviation Policy shall be established.:
1. Sites Elisdble for Disposition and Sale
The following guidelines shall be used to identify those open space areas which may be considered for
disposition and sale under this policy:
a. The area must be generally flat and smooth as a result of the original grading of the terrain in the
subdivision by the developer.
b. The area must be adjacent to a residential lot and be a contiguous extension of the graded pad for
the lot.
c. The area must contain no improvements made by the original developer.
d. The bounds of the area would be: 1) the common boundary with the adjacent lot; 2) the direct
straight extensions of the two side lot lines of the adjacent lot; and the rim of the graded flat
terrain. However, the rim may be defmed by a series of straight lines approximating the actual rim.
e. The area must not be obtrUsive to adjacent property owners or from the street.
f. The disposition and sale of the area should not disrupt the operation and use of the remaining areas
of the open space district.
10 - 0
SUBJECT: GRADING DEVIATION POUCY
COUNCIL POUCY
CITY OF CHULA VISTA
POLICY
NUMBER
I
EFFECI1VE
DATE
PAGE
ADOPTED BY: Resolution No. 12751
460-02 09-23-86 2 OF 4
I DATED: 09-23-86
2. Sites Not Elisrible for Sale
The following guidelines define those areas which would be excluded from consideration for disposition
and sale under the policy:
a. Areas which are flat and smooth as a result of natural processes upon the terrain.
b. Areas which are sloped as a result of either natural processes upon the terrain or the grading of the
terrain.
c. The standards for distinguishing between flat and sloped areas under this policy shall be the same
ones used by the City Engineer in approving grading plans.
3. Elisdble Parties
The disposition and sale of open space area under this policy shall be considered a special
circumstances exception under Section 2.56.170 of the Municipal Code. Therefore, the disposition and
sale may be done without bidding and shall be restricted to only the adjacent property owner of the
area considered.
4. Conditions
Each area considered will be reviewed, evaluated and processed individually on a case-by.case basis.
Sale of open space property will be subject to the following conditions:
a. Support of Affected Homeowners
The parry interested in purchasing open space (applicant) must obtain the support of the
homeowners who comprise the affected open space district by means of a mail.in ballot. The
results of the mail-in ballot must show a majority (50% plus one) of the respondents in favor of,
and supporting the proposed sale. Each lot in the district will be allowed to vote. The mail-in
ballot shall be administered by the Office of the City Clerk. The party interested in purchasing the
open space land (applicant) shall deposit sufficient funds to cover the cost of the mail-in ballot prior
to the start of the process. Final evaluation of the results of the mail-in ballot shall be made by the
City Council.
b. Conn-ol of Reversionarv Interests
In those districts which are not owned in fee title by the City of Chula Vista, the applicant must
provide the City with valid legal proof and verification that they, the applicant, control all
reversionary interests, their assigns and successors in interests.
J q - 7
COUNCIL POLICY
CITY OF CHUI.A VlST A
SUBJECT: GRADING DEVIATION POUCY
POUCY
NUMBER
EFFECITVE
DATE
PAGE
ADOPTED BY: Resolution No. 12751
460-02 09-23-86 3 OF 4
I DATED: 09-23-86
c. Environmental Review
Each area considered 'saleable" will be subject to an environmental review prior to sale.
Consideration for sale shall be subject to the approval of the Environmental Review Coordinatvr.
The applicant shall deposit sufficient funds to cover the cost of the environmental review prior to
the start of the process.
d. Appraisal
In order for the site to be considered for sale, an appraisal of the lot must be made.
The applicant must provide the City with the following:
(1) The property owner shall have proper legal descriptions prepared to submit to the City for
approval.
(2) The property owner shall be responsible for preparation of the necessary adjustment plat for
City approval.
The City shall retain a qualified real estate appraiser to assess property based on the difference
of the value of the original developed parcel and the value of the developed parcel after
inclusion of the open space property.
The applicant shall deposit sufficient funds to cover the cost of appraisal prior to the start of the
process.
e. Proceeds from the Sale
Proceeds derived from the sale of the City's interest in the open space property shall be deposited in
the reserve fund of the affected open space district.
f. Use of the PropertY
The determination of floor area ratio (FAR) will be based upon the original dimensions of the
property and shall not include the property acquired from a grading deviation in open space.
Furthermore, any property acquired from a grading deviation may not be used for the purpose of
subdividing the original property.
The use of acquired property must be compatible with open space. These uses mau include the
planting of turf and shrubs, and landscaping as approved by the City's landscape architect. Trees
and any other visibly obtrusive plant material are not permissible.
~
; /J Y
"/ ,. l"
COUNCIL POLICY
CITY OF CHULA VISTA
SUBJECT: GRADING DEVIATION POUCY
POLICY
NUMBER
EFFECTIVE
DATE
PAGE
ADOPTED BY: Resolution No. 12751
460-02 09-23-86 4 OF 4
I DATED: 09-23-86
Retaining walls (not to exceed 18 inches in height), swimming
accordance with zoning and building codes, are permissible.
above. ground strUctures may not be added to the open space area.
pools and fences, erected in
However, visibly obtrUsive
S. Purchase Application Procedure
In order for the site to be considered for sale, the parry interested in purchasing the open space land
must:
a. Provide propet legal descriptions and adjusonent plat for the City approval.
b. Obtain my way of a mail-in-ballot, a majority (50 percent plus one) of support of the homeowners
within the affected open space district who respond to the mail-in.ballot. Deposit of sufficient funds
to cover the cost of the mail-in ballot shall be made prior to the start of the process.
c. Provide the City with legal verification of control of all reversionary interests, assigns and successors
in interests.
d. Submit an application for an environmental review, with fee payment due prior to review.
e. Submit an application for an appraisal, with fee payment due prior to appraisal.
f. Deposit sufficient funds to cover City staff time costs for processing the application prior to the start
of the process.
6. Policy Review
This policy shall be reviewed one year after adoption of the resolution approving this policy.
) J
I l.i' 7
EXHIBIT "n"
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING GRADING DEVIATION POLICY
NO. 460-02, AND AUTHORIZING INITIATION OF
PROCEEDINGS FOR THE TRANSFER OF CITY OPEN
SPACE PROPERTY TO CERTAIN RESIDENTS WITHIN THE
BONITA RIDGE ESTATES OPEN SPACE DISTRICT NO.4
WHEREAS, the resident at 426 Camino Elevado, Mr. Juan
Quintero, brought to the City'S attention that there exists a
discrepancy in the legal lot boundary between his property and the
adjacent City owned Open Space lot; and
WHEREAS, after examination, staff determined that there
are likely several properties in the this subdivision with rear
yards encroaching into the adjacent Open Space lot as result of a
failure to process boundary adjustment documents by the developer
back in 1974; and
WHEREAS, Mr. Quintero wishes to process a boundary
adjustment document that will correct the boundary discrepancy; and
WHEREAS, staff is recommending waiving Council policy
460-02, Grading Deviation Policy, for Mr. Quintero and the other
residents with similar boundary problems within the Bonita Ridge
Estates Open Space District No. 4 for a period of two years and
allowing the residents to process boundary adjustment plats in
order to eliminate the discrepancy for the following reasons:
1. Developer failed to process boundary adjustments.
It appears the developer knew of the boundary
discrepancy because the grading plans were changed
to reflect the proper boundaries, but the
subdivision map was never corrected.
2.
The portions of the
adjusted appear to be
yards.
open space property to be
a part of the adjacent back
3. The portions of the open space property to be
adjusted were never maintained by the City as part
of the open space lot.
4. Grading Deviation policy 460-02 was not intended to
be a requirement to correct boundary discrepancies
such as these.
!-Jc?--
WHEREAS, the Environmental Review Coordinator has
determined that the proposed project is exempt pursuant to CEQA,
section 15305, Class 5 (a), Minor Alterations in Land Use
Limitations.
NOW, THEREFORE, BE IT RESOLVED the city Council of the
City of Chula vista does hereby waive Grading Deviation Policy No.
460-02, and authorizes initiation of proceedings for the transfer
of City Open Space property to certain residents within the Bonita
Ridge Estates Open Space District No.4.
Presented by
Approved as to form by
John P. Lippitt
Director of Public Works
~..&L <<~A(fR4 .!J/P'.f!
Jo M. Kaheny
City Attorney
[H:\HOMEIATTORNEYIRESOlwaive grading policy bonita ridge
(November 7,2000 (10:51am)]
2
hl-/S
COUNCIL AGENDA STATEMENT
Item No.: ~O
Meeting Date: 11/14/00
TITLE:
Resolution Adopting the Carbon Dioxide Reduction Plan (C02
Reduction Plan) and Directing Staff to Continue to Implement the
Recommended Measures Within the Plan.
Director of Planning and Building ~
Special Operati~ns Manager ~
bl" .~ th
City Manager (;, '7 (4/5 Vote: Yes _ No-X.J
The C02 Reduction Plan (Attachment A) is the result of a planning effort by staff and a city task
force representing a broad array of interests. Staff and the task force worked with a consultant
to develop strategies to reduce carbon dioxide emissions on a local level. Since the City
Council's conceptual approval of the C02 Reduction Plan in February 1997 many of the
measures have been successfully implemented. Those measures that remain to be implemented
fall into two general categories; I) Environmental resource management and education, and 2)
land use issues. The Environmental Resource Manager has had overall responsibility for the
C02 Reduction Program and is now assigned to the Special Operations Program in the City
Managers office. With the Support of the Special Operations Manager the Environmental
Resource Manager will continue to focus his energies on those components of the plan that apply
to City facilities, assist Departments with the implementation of their respective components of
the program, monitor all programs and report the Program's progress to Council and the
International Council for Local and Environmental Initiatives (ICLEI). The land use related
measures would be implemented primarily by the Planning & Building Department (Attachment
B).
SUBMITTED BY:
REVIEWED BY:
"Smart Growth" is defined by SANDAG as a compact, efficient, and environmentally sensitive
pattern of development that provides people with additional travel, housing, and employment
choices by focusing future growth away from rural areas and closer to existing and planned job
centers and public facilities. The City of Chula Vista has been a regional leader in creating and
implementing these principles long before the term Smart Growth was popularized. Examples
include the neo-traditional pedestrian oriented development in Otay Ranch and the draft C02
Reduction Plan. In an effort to improve implementation of the C02 Plan, staff recommends that
the City Council formally adopt the amended C02 Reduction Plan and fold the land use measures
into a future "City of Chula Vista Sustainable Development Program". The Sustainable
Development Program would also address water conservation and other land use related
environmental considerations. The program would include important measures identified in the
C02 Reduction Plan as well as other significant environmental issues embraced by ICLEI and the
Smart Growth movement. Implementation would fall under three tiers:
7() .. /
Page 2, Item No.:
Meeting Date: 11/14/00
I. Citywide Level - "Sustainable Development" planning will be accomplished through the
City's General Plan Update.
2. Sectional/Community Planning Level - "Sustainable Development" planning concepts
would be developed and implemented in new SPA Plans and Community Plans.
3. Project Level- This level would advocate energy efficiency and C02 reduction in
individual residential and non-residential construction projects.
In 1998, a Negative Declaration (lS-98-29) was prepared and presented to the Resource
Conservation Commission (Attachment C). It was also posted with the County Recorder's
Office for public review and comment. No comments were received and the Negative
Declaration was never adopted by the City Council. Since that time an Addendum to the
Negative Declaration (included in Attachment C) was prepared addressing the changes that have
occurred in the implementation of the Plan. Staff is now recommending that the City Council
adopt the Negative Declaration and the Addendum to IS-98-29.
RECOMMENDATION: That Council:
I. Adopt the Negative Declaration and addendum to IS-98-29.
2. Adopt the C02 Reduction Plan and direct staff to continue to implement recommended
measures within the Plan, including the incorporation of the land use related measures
into the City's Sustainable Development program.
BOARD/COMMISSION RECOMMENDATIONS:
Since its inception, the Economic Development Commission, the Resource Conservation
Commission, the Growth Management Oversight Commission, the Planning Commission and
City Council have reviewed the C02 Reduction Plan. All Boards/Commissions voiced support
for the Plan although the Economic Development Commission wanted to ensure that the Plan
would "not reduce the City's competitive position in terms of recruiting, retaining and growing
local business." A synopsis of the Board/Commission recommendations is shown in Attachment
D.
DISCUSSION:
The C02 Reduction Plan (hereafter referred to as the "Plan") was developed in 1996 as a tool to
reduce the effects of Carbon Dioxide on the environment. Development of the Plan included
citizen participation through a task force representing the development and business community,
local and state govemment and City staff.
The Plan consists of twenty action measures intended to promote clean fuel vehicles, alternatives
to driving, transportation efficient land use planning, and energy efficient building construction.
In February 1997 the City Council approved the C02 Reduction Plan in concept and directed
~7 /.... <,',
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Page 3, Item No.:
Meeting Date: 11/14/00
conceptually approved Plan. This agenda statement identifies alternative measures that have
been implemented and those measures that are not recommended for implementation.
Since February 1997 the City has been successful in implementing eleven C02 reduction
measures. This includes alternative measures that were approved by the City Council in lieu of
others listed in the Plan. Specifically, the original Measure 2 (Private Fleet Clean Fuel Vehicle
Purchases) was replaced with "Green Power," and original Measure 10 (Reduced Commercial
Parking Requirements) was replaced with "Green Power Public Education Program."
The remaining nine unimplemented measures have been further reviewed by staff to determine
which ones should be pursued, based upon the greatest reduction in C02, the availability of
funding, and ease of implementation. Included in this list are also measures that are not
recommended for implementation due to their very low costlbenefit ratios. Staff will continue to
analyze alternative means to efficiently and effectively achieve the C02 reduction goals these
measures represented.
Comoleted or Oneoine Measures Monitored bv the Environmental Resource Coordinator:
To date staff has commenced or completed eight measures, which are implemented by the
applicable Department as noted on Attachment B.
1. Measure 1 - Purchase of Alternative Fuel Vehicles (ON-GOING) This measure is being
implemented through Council approval of a Compressed Natural Gas (CNG) fueling and
maintenance facilities in the future Corporation Yard as well as the purchase of
alternative fuel vehicles during the past three years. The CNG facilities will make it
possible to replacement the current fleet of diesel-powered buses and other vehicles in the
fleet with CNG powered vehicles. The City's inventory of Alternative Fuel Vehicles
currently includes four CNG vans, one car and one propane forklift. The City is also
continuing to work with Metallic Power toward the development of a zinc fuel cell
demonstration light-duty truck This effort is funded under a $300,000 grant from the
California Energy Commission.
2. Measure 2 - Green Power (ON-GOING) In June 1998 the City joined the SANDAG
Power Pool and switched approximately 12 of the highest load consumption meters to
"green power" or electricity generated from renewable resources. This resulted in a
reduction in C02 emissions in addition to a savings in energy costs. In June 1999 the
agreement was renewed and Council authorized the Energy Service Provider (ESP) to
switch additional meters to green power. Due to the large number of meters under the
Power Pool, the ESP was not able to execute the switch out. As of July 2000, the Power
Pool has ceased to operate as an aggregator of renewable energy and all of the switched
meters defaulted back to SDG&E. Staff is currently in the process of working with
several ESP's to identifY green electricity purchase options available to the City of Chula
Vista. As a result of the land use permit to site a "peeker," power plant, the City has also
negotiated with PG&E to receive up to $30,000 in funding and in-kind services to
develop photovoltaic (solar) electricity at one City facility.
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Page 4, Item No.:
Meeting Date: 11/14/00
3. Measure 3 ~ Municipal Clean Fuel Demonstration Proiect (ON-GOING) The City
continues to work with the California Energy Commission (CEC) and SunLine Transit
Agency to demonstrate a hydrogen fuel cell transit bus in Chula Vista. In December
1999, the City Council approved a Memorandum of Understanding to implement a multi-
year demonstration project. The CEC awarded a $500,000 grant to the City of Chula
Vista. The City Council also approved $36,000 in transit funds to further develop the
program and pursue Department of Energy funds. In February 2000 the U.S. Department
of Energy (DOE) awarded the CEC $500,000 in grant funding to demonstrate hydrogen
generation technology in California. The CEC in turn will award an additional $500,000
in matching funds to the City of Chula Vista for the demonstration project.
3. Measure 4 - Telecommuting and telecenters (CLOSED) In 1993 the San Diego Air
Pollution Control District proposed a mandatory rule for employers to develop a
Transportation Demand Management Plan. In response to the impending rule a pilot
Telecommuting Program for City employees was developed. The program resulted in
several City employees that currently telecommute today and continues to be encouraged.
In 1993 the City initiated its involvement in the statewide Caltrans sponsored
Neighborhood Telecenters Program. In 1994 the H Street Telecenter opened followed by
the opening of the Downtown Telecenter in 1995. At its height, both Telecenters served
approximately 50 participants from over 25 organizations. After fours years of operation,
the Telecenters were not able to generate enough revenue to be self-sufficient. Outside
funding was exhausted and the facilities were closed Staff will continue to pursue the
development and implementation of an alternate means of generating the C02 reduction
lost by the cancellation of this component of the program.
5. Measure 5 - Municipal Building Upgrades and Trip Reduction (ON-GOING) Retrofits
were implemented at all city facilities by upgrading lights, many HV AC systems and
other appliances with energy-saving devices that have resulted in reduction of energy
costs and consumption. Additional HV AC and other improvements will be made, as
major capital items are schedule to be replaced or refurbished. Staff continues to work
with SDG&E, the San Diego Energy Office and other contractors to identifY energy
efficiency opportunities for new construction and renovation projects with a goal of
exceeding Title XXIV requirements by J 5% to 20%. Contributing to the reduction of
vehicle miles traveled by City employees and customers is the addition of the Building
Departments eastern office and permitting process via the Internet. Staff is also in the
process of expanding opportunities for the public to use the City's website to access
information and communicate with staff without traveling to the Civic Center and other
City facilities. The Environmental Resource Manager will include as a part of his work
plan the development and implementation of a Van/Car Pool Program for City
Employees.
6. Measure 10 - Green Power Public Education Program (COMPLETED) In June 1998
staff was directed to develop a public education program for Chula Vista residents. The
program provided information about renewable power choices specifically relating to
green power. Information was published in the local newspaper, sent with trash bills and
is still today provided at various special events. In the future that information will be
20 - LI
Page 5, Item No.:
Meeting Date: 11/14/00
available on the City's web site where it can be updated and linked to information
regarding other C02 reduction options for their home and business. In addition, a global
warming education module has been successfully implemented in the Chula Vista
Elementary School District. This module educates elementary aged school children
about the harmful effects of C02 in the atmosphere
7. Measure 16 - Traffic Signal and System Upgrades (ONGOING) The City changed all
1874 red lamps in its traffic signals to LED lamps, resulting in a 33% savings in energy
costs and a reduction of ] ,599 tons C02. U sing light-emitting diode technology to
replace incandescent lamps in traffic signals has saved the City over $80,000 per year
This effort also involved the City purchase of street lamps from SDG&E The payback
was approximately 2.5 years on a total investment of $250,000. Traffic Division staff
continues to work with SDG&E to identifY change out opportunities for green lamps.
8. Measure] 7 - Student Transit Subsidv (NOT IMPLEMENTED) This measure
encourages transit subsidies for post-secondary students to mitigate new development
related to area impact. Funding continues to be difficult to obtain. Staff will pursue an
outside funding source and potentially more cost-effective ways to achieve the C02
projected from this component.
9. Measure ]9 - Municipal Life-Cycle Purchasing Standards (ONGOING) This
measure involves the inclusion oflife-cycle energy costs as a selection criteria in a
comprehensive purchasing policy for energy-consuming equipment. The policy has lead
to the purchase of a number of green star appliances and building design or equipment
changes that promote energy efficiency.
Measures Recommended for Implementation Throu!!h Pro!!rams Administered bv
Plannin!! and Buildin!! Department
A number of the measures found in the C02 Reduction Plan are directly related to land use and
can be implemented under one of three levels within the proposed "Sustainable Development
Program," Citywide, Sectional/Community Planning, and Project levels.
At the Citywide level, the feasibility of the land use measures will be reviewed as a part of the
upcoming General Plan update. The final work program for the General Plan update is being
developed and will go forward to the City Council for review and approval in the near future As
part of this work program, staff will be proposing a Citywide "Land Use Distribution Study"
which will evaluate possible locations for development near transit stations or other major
activity centers, where mixed uses and higher density residential development will be
considered.
At the Sectional/Community Planning Level, staff will be updating the guidelines for preparation
of Air Quality Improvement Plans, which are already required to be prepared for all new projects
at the SPA plan level of review
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Page 6, Item No.:
Meeting Date: 11/14/00
A major component of the Program at the Project Level will be the development of programs
such as the Energy Efficient Building Program (also known as the Chula Vista GreenStar
Building Incentive Program). This program is being designed to significantly reduce carbon
dioxide emissions by utilizing construction materials and practices, which raise energy
efficiency.
It is recommended that the City Council direct staff to include the following ten measures in
future planning efforts including the General Plan update and implementation.
I. Measure 6 - Enhanced Pedestrian Connections to Transit (CITYWIDE LEVEL)
Installation of direct, convenient walkways and crossings between bus stops and
surrounding land-uses.
2. Measure 7 - Increased Housing Density Near Transit (CITYWIDE LEVEL)
Consideration of increases in residential land use designations to reach an average of 14 -
18 dwelling units per acre or more within a quarter mile of major transit routes and stops,
where adequate public services can be provided.
3. Measure 8 - Site Design with Transit Orientation (CITYWIDE LEVEL) Placement of
buildings and circulation routes to emphasize transit, including bus turn-outs and other
stop amenities.
4. Measure 9 - Increased Land Use Mix (CITYWIDE LEVEL) Consideration of greater
dispersion of a wide variety of land uses, such as siting of neighborhood commercial uses
in residential areas, and inclusion of housing in commercial and light industrial areas
where adequate public services can be provided.
5. Measure 11 - Site design with PedestrianlBicycle Orientation (SECTIONAL /
COMMUNITY PLANNING LEVEL. ONGOING) Staff has been implementing this
measure in several areas of the City through applicable land use standards. It encourages
the placement of buildings and circulation routes in key areas and includes bike paths,
bike racks and pedestrian benches.
6. Measure 12 - Bicycle Integration with Transit and Employment (ONGOING) This
measure encourages employers and transit providers to provide bike storage at major
transit stops and employment areas and includes bike racks on buses. Employers are also
encouraged to provide showers at major transit nodes.
7. Measure 13 - Bicycle Lanes. Paths and Routes (SECTIONAL/COMMUNITY
PLANING LEVEL. ON-GOING) Staff has continued to implement the City's Bikeway
Master Plan, adopted in 1996. To date 67 miles of the planned 150 mile bikeway system
have been completed with an additional 93 miles of lanes necessary to complete the
existing Master Plan In order to incorporate current information and accommodate
future needs an update to the Bikeway Master Plan will be required. In addition a
Bikeway Feasibility Study for the Chula Vista Greenbelt Master Plan will be developed.
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Page 7, Item No.:
Meeting Date: 11/14/00
8. Measure 14 - Energv Efficient Landscaoing (SECTIONAL/COMMUNITY PLANNING
LEVEL) This measure promotes the "strategic planting," of shade trees for new single-
family residences as part of an overall city-wide tree planting effort to reduce ambient
temperatures, smog formation, energy use and C02. The development of energy efficient
landscape amendments and an update of the landscape manual are necessary to
accomplish this measure
9. Measure 15 - Solar Pool Heating (UNDER REVIEW) This measure calls for a mandatory
building code requirement for solar heating or optional motorized insulated pool covers
for new pools. Staff has found that in the majority of pools being constructed, heating is
only utilized for the spa, due to the high cost associated with both installation and
utilization. Solar heating cannot produce the temperatures necessary to heat a spa and the
benefit of a mandatory requirement is questionable Staff will develop a list options that
will help new pool permit applicants meet the C02 reduction goals should they choose to
heat their pool.
10. Measure 18 - Energv Efficient Building Program (PROJECT LEVEL) Reduces carbon
dioxide emissions by developing building programs that are a minimum of 20% more
energy efficient than Title 24 Energy Code requirements. Builders are encouraged to
voluntarily incorporate energy efficient features in their projects and are rewarded for
their commitment with priority permit processing and recognition awards. This program,
also known as the "GreenStar" Building Incentive Program requires third party energy
inspections and C02 measurements to gauge the success of the program once completed.
11. Measure 20 - Increased Emplovment Density Near Transit (CITYWIDE LEVEL)
Increase in land use and zoning designations to focus employment- generating land uses
within a quarter mile of major transit stops.
FISCAL IMPACT:
The ongoing costs of implementation of the "Smart Growth" program are difficult to determine
since most of the measures are currently or will be a part of other City activities. The majority of
the costs incurred will be in staff time.
In the spring of 1997 the City was awarded an $80,000 grant from the Environmental Protection
Agency to develop the GreenStar Building Incentive Program. The grant provided funds that are
enabling a contract employee to design and administer the program. Future implementation of
"GreenS tar" will require outside assistance in order to provide accurate C02 measurements
within participating project sites; however, the grant provides for such contractual services.
A grant of $500,000 was also secured to fund the majority of the costs associated with the
Municipal Clean Fuel (Bus) Demonstration Project. A matching grant of $500,000 is anticipated
from the California Energy Commission in the near future.
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Page 8, Item No.:
Meeting Date: 11/14/00
Staff will return to Council early next year with further information as to how implementation
will be programmed.
Attachments
A. C02 Reduction Plan
B. C02 Reduction Plan Measures
C. Negative Declaration IS-98-29 and Addendum to IS-98-29
D. Board/Commission Recommendations
(MTM: C02 Program-CAS-Adopt-co2-plan)
~. .,:) .'.'. "). ("J
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ATTACHMENT B
C02 REDUCTION PLAN MEASURES
SMART GROWTH/LAND USE MEASURES
Administered by Planning & Building Department
OTHER MEASURES
Monitored by Environmental Resource Coordinator
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.... ;
# 6 - Enhanced Pedestrian Connections to Transit
G.? update & Sect/Com. Ping. Level
# 7 - Increased Housing Density Near Transit
G.? update & Sect/Com. Ping. level
# 8 - Site Design with Transit Orientation
G,? update & Sect/Com. Ping. level
# 9 - Increased Land Use Mix
G.? update & Sect/Com. Ping. Level
# 11 - Site Design Pedestrian/Bicycle Orientation
SectlComm Ping, Ongoing
# 12 - Bicycle Integration with Transit & Employment
SecUComm Ping, On-going
# 13 - Bicycle Lanes, Paths & Routes
SectlComm Ping, Ongoing
# 14 - Energy Efficient Landscaping
G.? update, landscape amend & SecUComm level
# 18 - Energy Efficient Bldg. Recognition Program "GreenStar"
Project level Bldg. Dept.
# 20 - Increased Employment Density Near Transit
G.? update & Sect/Com. Ping. Level
# 1 - Purchase of Alternative Fuel Vehicles
On-going - PUBLIC WORKS
# 2 - Green Power
On-going - ENVR. RES. COORD.
# 3 - Municipal Clean Fuel Demonstration Project
On-going - ENVR. RES. COORD.
# 4 - Telecommuting and telecenters
Completed/Closed - ENVR. RES. COORD.
# 5 - Municipal Building Upgrades and Trip Reduction
On-going - ENVR. RES. COORD.
# 10 - Green Power Public Education Program
Completed - ENVR. RES. COORD.
# 16 - Traffic Signal & System Upgrades
On-going - PUBLIC WORKS
# 19 - Municipal Life-Cycle Purchasing Standards
On-going - ENVR. RES. COORD. and
FINANCE (PURCHASING)
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V
NOTE: The Environmental Resource Coordinator is responsible for the oversight and monitoring of the C02 Reduction Program and
Implementation responsibilities are assigned to the Departments as noted above.
ATTACHMENT 'C'
ADDENDUM TO IS-98-29)
(Initial Study for C02 Reduction Plan)
PROJECT NAME:
Chula Vista C02 Reduction Plan
PROJECT LOCATION:
Citywide
PROJECT APPLICANT:
City ofChula Vista
CASE NO.:
IS-98-29
DATE:
October 30, 2000
I. INTRODUCTION
The environmental review procedures of the City of Chula Vista allow the Environmental Review
Coordinator (ERe) to prepare an addendum to a Negative Declaration or Environmental Impact
Report (EIR) if one of the following conditions is present:
I. The minor changes in the project design which have occurred since completion of the
Negative Declaration have not created any new significant environmental impacts not
previously addressed in the Negative Declaration.
2. Additional or refined information available since completion of the 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 Negative Declaration.
This addendum has been prepared in order to specifically provide additional information and
analysis concerning potential overall impacts regarding the implementation of twenty action
measures within the C02 Reduction Plan including the incorporation of land use related measures
into a "City of Chula Vista Smart Growth" Program. Initial Study 98-29 (IS-98-29) analyzed the
impact of the adoption of this policy document to address emissions of carbon dioxide (C02) and
its potential impacts to global warming trends. The analysis included the implementation of eight
policies and nineteen action measures to guide the day to day municipal actions toward the stated
goal. This addendum focuses entirely on the proposed implementation ofthe 20 action measures
listed in the Plan following Plan adoption. Staff is not proposing any changes regarding the
implementation of the eight policies of the C02 Reduction Plan.
As a result of this analysis, the basic conclusions of the Initial Study have not changed. No impacts
were previously identified in IS-98-29 and no impacts are identified with the proposed
implementation plan for the twenty action measures listed in the C02 Reduction Plan. Therefore,
in accordance with Section 15164 of the CEQA Guidelines, the City has prepared the following
addendum to IS-98-29.
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II. PROJECT DESCRIPTION
IS-98-29 analyzed nineteen measures ofthe C02 Reduction Plan for implementation following Plan
adoption. The project is now for City Council adoption of the C02 Reduction Plan and an
implementation program for all twenty measures listed in the Plan. This implementation program
includes two alternative measures that were conceptually approved by the City Council in 1997. In
addition, two measures included in the Plan are not recommended for implementation at this time.
Eleven measures listed in the C02 Reduction Plan have been implemented over the last several
years. The remaining nine measures have been reviewed by staff to determine which would be
pursued based on the greatest reduction in C02, the availability of funding, and ease of
implementation.
Implementation of Alternative Measures
Measure 2-Private Fleet Green Fuel Vehicle Purchase Measure. Green Power has been
implemented as an alternative to the Private Fleet Green Fuel Vehicle Purchase Measure. In June
1998 the City joined the San Diego Regional Power Pool and switched a limited number of its
meters to "green power". The agreement was renewed in 1999 and 400 additional meters were
switched.
Measure IO--Reduced Commercial Parking Requirements. The Green Power Public Education
Program has been implemented as an alternative to the Reduced Commercial Parking Requirements.
In June 1998 staff was directed to develop a public education program for Chula Vista residents.
The program provided information to residents about renewable power choices relating to green
power.
Measures not Recommended for Implementation
Measure IS-Solar Pool Heating and Measure 17-Student Transit Subsidy are not currently being
recommended for implementation due to their very low costlbenefit ratio.
Implementation through the Environmental Resource Manager
Implementation of the following nine measures has either been commenced or completed. These
measures will continue to be implemented through the Environmental Resource Manager who is
responsible for the overall implementation of the C02 Reduction Plan.
I. Measure I-Purchase of Alternative Fuel Vehicles (Implementation On-going)
2. Measure 2-Green Power, former Private Fleet Clean Fuel vehicle Purchase (Implementation
On-going)
3. Measure 3-Municipal Clean Fuel Demonstration Project (Implementation On-going)
4. Measure 4-- Telecommuting and Telecenters (Completed/Closed)
5. Measure 5-Municipal Building Upgrades and Trip Reduction (Implementation On-going)
6. Measure IO--Green Power Public Education Program, former Reduced Commercial Parking
Requirement (Completed)
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7. Measure 12-Bicycle Integration with Transit and Employment (Implementation On-going)
8. Measure 16--Traffic Signal and System Upgrades (Implementation Completed)
9. Measure I9-Municipal Life-Cycle Purchasing Standards (Implementation On-going)
Implementation through the "Smart Growth" Program
The proposed project now includes the implement the following nine measures through the "Smart
Growth" Program administered by the Planning arid Building Department. These measures are
directly related to growth and would be included in the General Plan update and implementation.
The measures have been divided into three levels within the proposed "Smart Growth" Program,
Citywide, Sectional/Community Planning, and Project Level.
At the Citywide level the feasibility of the land use measures will be reviewed as a part of the
upcoming General Plan update. The Sectional/Community Planning Level will list measures
included under the General Plan update to be implemented as part of the new SPA Plans and through
any General Plan AmendmentlRezones in the various communities. A major component of the
"Smart Growth" Program at the project level will be the development of programs such as the
Energy Efficient Building Program (AKA Chula Vista GreenStar Building Incentive Program).
1. Measure 6-Enhanced Pedestrian Connection to transit (Citywide Level)
2. Measure 7-Increased Housing Density Near Transit (Citywide Level)
3. Measure 8-Site Design with Transit Orientation (Citywide Level)
4. Measure 9-Increased Land Use Mix (Citywide Level)
5. Measure II-Site Design with PedestrianlBicycle Orientation (Sectional/Community
Planning Level, Implementation On-going)
6. Measure 13-Bicycle Lanes, Paths and Routes (Sectional/Community Planning Level,
Implementation On-going)
7. Measure 14-Energy Efficient Landscaping (Sectional/Community Planning Level)
8. Measure I8-Energy Efficient Building Program (Project Level)
9. Measure 20---Increased Employment Density Near Transit (Citywide Level)
III. PROJECT SETTING
The project setting is citywide
IV. COMPATIBILITY WITH ZONING AND PLANS
The adoption of the C02 Reduction Plan is consistent with the City's General Plan. Compatibility
with the General Plan for the implementation of measures under the "Smart Growth" Program will
be evaluated as part of the General Plan update.
VI. IDENTIFICATION OF ENVIRONMENTAL EFFECTS
The adoption and implementation of the C02 Reduction Plan will not have a significant
environmental effect.
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VI. CONCLUSION
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 adoption and implementation of the C02
Reduction Plan will result in only minor technical changes or additions which are necessary to make
IS-98-29 adequate under CEQA.
~~~~
arilyn .F. Ponseggi,
Environmental Review Coordinator
REFERENCES
1998 Chula Vista C02 Reduction Plan
Council Agenda Statement (10/30/00)
CONSULTATION
Jim Sandoval, Planning and Building Department
Mary Venables, Planning and Building Department
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negative> declaration
,
PROJECT NAME:
C02 Reduction Plan
PROJECT LOCATION:
Citywide
ASSESSOR'S PARCEL NO.:
Citywide
PROJECT APPLICANT:
City of Chula Vista
CASE NO: IS-98-29
DATE:
May 13, 1998
A. Proiect Setting
The project setting is citywide.
B. Proiect Description
The project is the proposed City of Chula Vista C02 Reduction Plan. The City proposes
the adoption of this policy document to address the growing worldwide concern with the
emissions of carbon dioxide (C02) and its potential impacts to global warming trends.
The C02 Reduction Plan provides for a specific goal, policies and action measures that are
aimed at carbon dioxide emissions in a coordinated and cost-effective manner.
The C02 Plan has as its primary goal to: Reduce Chula Vista's C02 emissions to 80% of
1990 levels by the year 2010. This would be the equivalent of reducing C02 emissions
by 400,000 tons in the year 2010, compared to projected emission levels without any
municipal action. In pursuit of this goal, the City proposes eight policies and nineteen
action measures that will help guide the day to day municipal actions toward the stated
goal.
The eight proposed policies are as follows:
I. Include C02 emissions and global warming impacts as determinant in policy-
making and program administration related to the long-term sustainability of the
community.
2. Meet the energy needs of the community with a portfolio of low carbon intensity
resources, preferably local-based efficiency improvements and renewable resources.
3. Treat transportation as the highest priority C02 action area because of its high C02
emissions, significant potential for savings, and major environmental and economic
improvement opportunities.
I
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city of chula vista plaMlng department OTY OF
environmental review ..ctlon. mUlA VISTA
4. Use land-use planning and development standards to shape a built environment that
minimizes travel needs and maximizes access to non-auto travel modes.
5. Implement cost -effective energy efficiency in new and existing residential and non-
residential buildings.
6. Exercise municipal leadership by implementing cost-effective energy efficiency in
public facilities and services, including use of life-cycle energy economics as a
selection criterion when purchasing energy-using devices and constructing
municipal facilities.
7. Provide ongoing support for cooperative regional planning related to energy
efficiency and global warming.
8. Monitor C02 reduction progress, and revise and updated the C02 plan at least
every five years.
The core of the C02 reduction action plan is the set of 19 measures recommended for
implementation following plan adoption. The action measures are estimated to cause the
reduction of C02 production by 100,000 tons per year by 2010. These measures are
estimated to cost about $25 million in capital outlays, and another $5 million in annual'
operating and maintenance expenses over the next years until the year 2010. This total
implementation cost of approximately $95 million is contrasted against a total savings
estimate of $130 million by 2010. These savings are projected to include $16 million in
reduced energy expenses; about $5 million in avoided C02 damage; and about $109
million in avoided auto/truck driving expenses (using a cost coefficient of .71 per mile).
It is anticipated that both costs and savings will be shared by many stakeholders in the
community, including municipal government, businesses, homeowners, and other regional
organizations. Following are the nineteen action measures:
1. Municipal clean fuel vehicle purchases.
2. Private fleet clean fuel vehicle purchases.
3. Municipal clean fuel demonstration projects.
4. Telecommuting and telecenters.
5. Municipal building upgrades and employee trip reduction.
6. Enhanced pedestrian connections to transit.
7. Increased housing density near transit.
8. Site design with transit orientation.
9. Increased land-use mix.
10. Site design with pedestrian/bicycle orientation.
11. Bicycle integration with transit and employment.
12. Bicycle lanes, paths, and routes.
2
Z) -/b
13. Energy efficient landscaping.
14. Solar pool heating.
15. Traffic signal and system upgrades.
16. Student transit subsidy.
17. Greenstar building efficiency program.
18. Municipal life-cycle purchasing standards.
19. Increased employment density near transit.
C. Compatibility with Zoning and Plans
The adoption of the C02 Reduction Plan is consistent with the City's General Plan. When
specific action measures are proposed for adoption, such as increased housing density near
transit and increased land-use mix, consistency with the City's General Plan will need to
be determined.
D. Analysis
The City of Chula Vista has already initiated several individual projects aimed at reducing
C02 levels. These projects involve the purchase of alternative fuel vehicles, the
installation of energy efficient lighting in municipal buildings, public awareness campaigns
with regards to transportation and energy alternatives and the establishment of two
telecenters aimed at reducing work trips by local employees. An important objective of
this policy plan is to integrate these ongoing proj ects into the C02 reduction strategy and
also to advance the momentum these efforts have provided with the full participation
and support of the community (residents, business, schools etc.) and strong local political
leadership. The policy plan also has reviewed numerous funding options that would be
applied to implement the proposed action measures.
Eight of the proposed action measures (enhanced pedestrian connections to transit,
increased housing near transit, site design with transit orientation, increased land-use mix,
site design with pedestrian/bicycle orientation, bicycle lanes, paths and routes, energy
efficient landscaping and increased employment density near transit) can be classified as
land use policy statements that can be incorporated into the general plan, specific plans,
the zoning and subdivision ordinance, and site design review criteria. Overall, these eight
measures would account for 49.29 % of the total C02 savings. Soine of these measures
such as bicycle lanes paths and routes have been implemented citywide. Other measures
such as increased land-use mix and increasing housing near transit points have been
implemented through adopted specific plans like the Otay Ranch Specific Development
Plan. Measures that would result in increased housing densities and land-use mix
citywide, would need to receive additional environmental review.
3
20 - r I
It is anticipated, however, that the implementation of the C02 Reduction Plan would result
in great benefits to the environment. Initially, some of the action measures would result
in general fiscal impacts to the participants as some of the actions include the purchase of
alternative clean fuel vehicles and traffic signal and system upgrades. After careful
monitoring to evaluate clean fuel vehicle performance it is anticipated that the results
would be clearly beneficial in terms of energy and C02 savings.
E. Identification of Environmental Effects
An Initial Study conducted by the City of Chula Vista (including an attached
Environmental Checklist Form) determined that the proposed project will not have a
significant environmental effect, and the preparation of an Environmental Impact Report
will not 1:>e required. This Negative Declaration has been prepared in accordance with
Section 15070 of the State CEQA Guidelines.
F. Mitil:ation Necessary to Avoid Significant Effects
No mitigation is necessary
G. Consultation
1. Individuals and Or~anizations
City of Chula Vista: Doug Reid, Planning
Barbara Reid, Planning
Samir Nuhaily, Engineering
Duane Bazzel, Planning
Benjamin Guerrero, Planning
Ken Larsen, Director of Building & Housing
Rod Hastie, Fire Department
Richard Preuss, Crime Prevention
Joe Gamble, Parks & Recreation Dept.
Peggy McCarberg, Acting Deputy City Attorney
Chula Vista City School District: Dr. Lowell Billings
Sweetwater Union High School District: Katy Wright
Applicant's Agent: City of Chula Vista Planning Department
2. Documents
Chula Vista General Plan (1989) and EIR (1989)
Title 19, Chula Vista Municipal Code
City of ChuJa Vista Proposed C02 Reduction Plan
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3. Initial Study
This environmental determination is based on the attached Initial Study, any
comments received on the Initial Study and any comments received during the
public review period for this Negative Declaration. The report reflects the
independent judgement of the City of Chula Vista. Further information regarding
the environmental review of this project is available from the Chula Vista Planning
Department, 276 Fourth Avenue, Chula Vista, CA 91910.
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ENVIRO ENTAL REVIEW COORDINATOR
EN 6 (Rev. 5/93)
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Case No.IS-98-29
ENVIRONMENTAL CHECKLIST FORM
1.
Name of Proponent:
City of Chula Vista
2.
Lead Agency Name and Address:
City of Chula Vista
276 Fourth A venue
Chula Vista, CA 91910
.
276 Fourth Ave.
(619) 691-3080
3.
Address and Phone Number of Proponent:
4.
Name of Proposal:
C02 Reduction Plan
5.
Date of Checklist:
May 12, 1998
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigated
Less than
Significant
Impact
No
Impact
L LAND USE AND PLANNING. Would the
proposal:
a) Conflict with general plan designation or 0 0 0 ~
zoning?
b) Conflict with applicable environmental 0 0 0 ~
plans or policies adopted by agencies with
jurisdiction over the project?
c) Affect agricultural resources or operations
(e.g., impacts to soils or farmlands, or
impacts from incompatible land uses)?
d) Disrupt or divide the physical arrangement
of an established community (including a
low-income or minority community)?
Comments: The proposed policy plan is consistent with the City of Chula Vista's General
Plan. Future implementation actions which might be recommended such as amending the
General Plan to allow increased housing densities and land use mix would receive additional
environmental review.
o
o
o
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o
o
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Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
II. POPULATION AND HOUSING. Would
the proposal:
a) Cumulatively exceed official regional or 0 0 0 181
local population projections?
b) Induce substantial growth in an area either 0 0 0 181
directly or indirectly (e.g., through
projects in an undeveloped area or
extension of major infrastructure)?
.
c) Displace existing housing, especially 0 0 0 181
affordable housing?
Comments: The proposed policy plan would not induce population growth or displace
housing. One policy plan action measure would allow for increased housing densities for those
areas adjacent to major transit routes and transit stations. This measure would help shift the
anticipated natural population growth of the City into areas served by public transit and thus
avoid extensive use of the automobile. This measure and other measures dealing with
increased land-use mix would receive additional environmental review once proposed for
implementation through the general plan amendment process. No adverse impacts to
population or housing are noted at this time. No mitigation is required.
III.
GEOPHYSICAL. Would the proposal result
in or expose people to potential impacts
involving:
a) Unstable earth conditions or changes in
geologic substructures?
b) Disruptions, displacements, compaction or
overcovering of the soil?
c) Change in topography or ground surface
relief features?
d) The destruction, covering or modification
of any unique geologic or physical
features?
e) Any increase in wind or water erosion of
soils, either on or off the site?
20-'21
o
o
181
o
o
o
181
o
o
o
o
181
o
o
o
181
o
o
o
181
Page No.2
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
f) Changes in deposition or erosion of beach 0 0 0 181
sands, or changes in siltation, deposition or
erosion which may modify the channel of
a river or stream or the bed of the ocean or
any bay inlet or lake?
g) Exposure of people or property to geologic 0 0 0 181
hazards such as earthquakes, landslides,
mud slides, ground failure, or similar
hazards?
Comments: The adoption of the Cit:y of Chula Vista C02 Reduction Plan would not cause any
geophysical impacts.
IV. WATER. Would the proposal result in:
a) Changes in absorption rates, drainage 0 0 0 181
patterns, or the rate and amount of surface
runoff?
b) Exposure of people or property to water 0 0 0 181
related hazards such as flooding or tidal
waves?
c) Discharge into surface waters or other 0 0 0 181
alteration of surface water quality (e.g.,
temperature, dissolved oxygen or
turbidity)?
d) Changes in the amount of surface water in 0 0 0 181
any water body?
e) Changes in currents, or the course of 0 0 0 181
direction of water movements, in either
marine or fresh waters?
f) Change in the quantity of ground waters, 0 0 0 181
either through direct additions or
withdrawals, or through interception of an
aquifer by cuts or excavations?
g) Altered direction or rate of flow of 0 0 0 181
groundwater?
Page No.3
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Potentially
Potentially Significanl Le~s lhan
Significanl Unless Significanl No
Impacl Mitigated Impacl Impacl
h) Impacts to groundwater quality? 0 0 0 181
i) Alterations to the course or flow of flood 0 0 0 181
waters?
j) Substantial reduction in the amount of 0 0 0 181
water otherwise available for public water
supplies?
Comments: The adoption of the above cited policies would not cause any specific impacts
to water.
V. AIR QUALITY. Would the proposal:
a) Violate any air quality standard or 0 0 0 181
contribute to an existing or projected air
quality violation?
b) Expose sensitive receptors to pollutants? 0 0 0 181
c) Alter air movement, moisture, or 0 0 0 181
temperature, or cause any change in
climate, either locally or regionally?
d) Create objectionable odors? 0 0 0 181
e) Create a substantial increase in stationary 0 0 0 181
or non-stationary sources of air emissions
or the deterioration of ambient air quality?
Comments: The purpose of adopting the proposed policy plan would be to reduce the annual
amounts of C02 emissions into the atmosphere and thus alleviate poor air quality conditions.
No adverse impacts to air quality are noted.
VI. TRANSPORT A TION/CIRCULA TION.
Would the proposal result in:
a) Increased vehicle trips or traffic 0 0 0 181
congestion?
b) Hazards to safety from design features 0 0 0 181
(e.g., sharp curves or dangerous
intersections) or incompatible uses (e.g.,
farm equipment)?
Page No.4
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h) 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.)
Comments: The C02 Reduction Policy Plan would propose numerous action measures
related to transit and transportation matters. All of these measures would be aimed at
encouraging alternative transit modes to the use and reliance on the automobile. Some of these
measures would relate to the purchase of clean fuel vehicles. Other measures would propose
enhancing pedestrian access to transit resources. Other measures propose increased bicycle
lanes, paths and routes. Yet another measure would permit the implementation of a signal
automation and timing program to prevent congestion and excessive idling of vehicles and the
wasteful deceleration and acceleration movements associated with unsychronized signal lights.
No adverse impacts to transportation are noted. No mitigation is necessary.
c) Inadequate emergency access or access to
nearby uses?
d) Insufficient parking capacity on-site or off-
site?
e) Hazards or barriers for pedestrians or
bicyclists?
f) Conflicts with adopted policies supporting
alternative transportation (e.g. bus
turnouts, bicycle racks)?
g) Rail, waterborne or air traffic impacts?
VII. BIOLOGICAL RESOURCES. Would the
proposal result in impacts to:
a) Endangered, sensitive species, species of
concern or species that are candidates for
listing?
b) Locally designated species (e.g., heritage
trees) ?
c) Locally designated natural communities
(e.g, oak forest, coastal habitat, etc.)?
2.-0 - 24
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impacl MiLigated Impact Impacl
0 0 0 181
0 0 0 181
0 0 0 181
0 0 0 181
o
181
o
o
o
o
181
o
o
o
181
o
o
o
181
o
o
o
181
o
Page No.5
Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigated Impact Impact
d) Wetland habitat (e.g., marsh, riparian and 0 0 0 181
vernal pool)?
e) Wildlife dispersal or migration corridors? 0 0 0 181
f) Affect regional habitat preservation 0 0 0 181
planning efforts?
Comments: The adoption of this policy plan would not adversely impact biological resources
within the City of Chula Vista. Future implementation actions which might involve physical
impacts to biol'ogically sensitive areas would receive additional environmental review.
VIII. ENERGY AND MINERAL RESOURCES.
Would the proposal:
a) Conflict with adopted energy conservation 0 0 0 181
plans?
b) Use non-renewable resources in a wasteful 0 0 0 181
and inefficient manner?
c) If the site is designated for mineral resource 0 0 0 181
protection, will this project impact this
protection?
Comments: The proposed policy plan would not conflict with any energy conservation plans.
The proposed measures would increase building energy efficiency, save on the cost of fuels that
create C02 emissions, promote the use of clean fuel vehicles and the use of solar pool heating.
The proposed plan would promote the conservation of energy and mineral resources. No
adverse impacts are noted.
IX. HAZARDS. Would the proposal involve:
a) A risk of accidental explosion or release of
hazardous substances (including, but not
limited to: petroleum products, pesticides,
chemicals or radiation)?
b) Possible interference with an emergency
response plan or emergency evacuation
plan?
o
o
o
181
o
o
o
181
Page No.6
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Potentially
Potentially Significant Less than
Significant Unless Significant No
Impact Mitigaled Impact Impact
c) The creation of any health hazard or 0 0 0 181
potential health hazard?
d) Exposure of people to existing sources of 0 0 0 181
potential health hazards?
e) Increased fire hazard in areas with 0 0 0 181
flammable brush, grass, or trees?
Comments: The adoption of the proposed policy plan would not create any known health
hazards. .
X. NOISE. Would the proposal result in:
a) Increases in existing noise levels?
o
o
o
181
b) Exposure of people to severe noise le;els?
o
o
o
181
Comments: The adoption of the proposed policy plan would not expose residents to increases
in noise levels.
XI. PUBLIC SERVICES. Would the proposal
have an effect upon, or result in a need for new
or altered government services in any of the
following areas:
a) Fire protection? 0 0 0 181
b) Police protection? 0 0 0 181
c) Schools? 0 0 0 181
d) Maintenance of public facilities, including 0 0 0 181
roads?
e) Other governmental services? 0 0 0 181
Comments: The adoption of the proposed policy plan would not adversely impact public
services but would seek to encourage the use of public transit modes and less dependence on
the use of the automobile.
Page No.7
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Potentially
Significant
Impact
Potentially
Significfmt
Unless
Mitigated
Less than
Significant
Impact
No
Impact
XII. Thresholds. Will the proposal adversely impact
the City's Threshold Standards?
As described below, the proposed project does not adversely impact any of the
established Threshold Standards.
a) Fire/EMS
o
o
o
181
The Threshold Standards requires that fire and medical units must be able to
resp~nd 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 Fire Department indicates that
this threshold standard will be met with the construction of this new fire station
facility.
Comments: As the project is the adoption of policy, the threshold standards do not apply.
b) Police 0 0 0 181
The Threshold Standards require 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 all Priority 2 calls
of 7 minutes or less.
Comments: As the project is the adoption of policy, the threshold standards do not apply.
c) Traffic
o
o
o
181
The Threshold Standards require 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 I-80S 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 Standard.
Comments: As the project is the adoption of policy, the threshold standards do not apply.
d) Parks/Recreation
o
o
o
181
The Threshold Standard for Parks and Recreation is 3 acres/1,000 population.
This Threshold Standard does not apply to the proposed project.
Comments: As the project is the adoption of policy, the threshold standards do not apply.
Page No.8
ii -;
~
Potentially
Polenlially Significanl Less than
Significant llnles3 Signifieant No
Impact Mitigated Impact Impact
e) Drainage 0 0 0
181
The Threshold Standards require that storm water flows and volumes not
exceed City Engineering Standards. Individual projects will provide
necessary improvements consistent with the Drainage Master Plan(s) and
City Engineering Standards.
Comments: AJ the project is the adoption of policy, the threshold standards do not apply.
1) Sewer
o
o
o
181
The Threshold Standards require that sewage flows and volumes not
exceed City Engineering Standards. Individual projects will provide
necessary improvements consistent with Sewer Master Plan(s) and City
Engineering Standards.
Comments: As the project is the adoption of policy, the threshold standards do not apply.
g) Water
o
o
o
181
The Threshold Standards require 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.
Comments: As the project is the adoption of policy, the threshold standards do not apply.
XIII. UTILITIES AND SERVICE SYSTEMS.
Would the proposal result in a need for new
systems, or substantial alterations to the
following utilities:
a) Power or natural gas? 0 0 0 181
b) Communications systems? 0 0 0 181
c) Local or regional water treatment or 0 0 0 181
distribution facilities?
Page No.9
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Potentially
Potentially Significant Less lhan
Significant Unless Significant No
Impact Mitigated Impact Impact
d) Sewer or septic tanks? 0 0 0 ~
e) Storm water drainage? 0 0 0 ~
t) Solid waste disposal? 0 0 0 ~
Comments: This adoption of the proposed policy plan will not result in a need for new
systems, nor result in alterations in any utilities. No adverse impacts are noted. No mitigation
is required. .
XIV. AESTHETICS. Would the proposal:
a) Obstruct any scenic vista or view open to 0 0 0 181
the public or will the proposal result in the
creation of an aesthetically offensive site
open to public view?
b) Cause the destruction or modification of a 0 0 0 ~
scenic route?
c) Have a demonstrable negative aesthetic 0 0 0 ~
effect?
d) Create added light or glare sources that 0 0 0 ~
could increase the level of sky glow in an
area or cause this project to fail to comply
with Section 19.66.100 of the Chula Vista
Municipal Code, Title 19?
e) Reduce an additional amount of spill light? 0 0 0 ~
Comments: As the project is the adoption of policy, no adverse impacts to aesthetics are
anticipated.
XV. CULTURAL RESOURCES. Would the
proposal:
a) Will the proposal result in the alteration of 0 0 0 ~
or the destruction or a prehistoric or
historic archaeological site?
Page No. lO
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.......
Potentially
Potentially Significant Less than
Significant Unless Significant No
lmpacl Mitigated Impacl Impact
b) Will the proposal result in adverse physical 0 0 0 ~
or aesthetic effects to a prehistoric or
historic building, structure or object?
c) Does the proposal have the potential to 0 0 0 ~
cause a physical change which would affect
unique ethnic cultural values?
d) Will the proposal restrict existing religious 0 0 0 ~
or s~cred uses within the potential impact
area?
e) Is the area identified on the City's General 0 0 0 ~
Plan EIR as an area of high potential for
archeological resources?
Comments: As the project is the adoption of policy, no adverse impacts to cultural or
paleontological resources are anticipated.
XVI. PALEONTOLOGICAL RESOURCES. 0 0 0 ~
Will the proposal result in the alteration of or the
destruction of paleontological resources?
Comments: See above.
XVII. RECREATION. Would the proposal:
a) Increase the demand for neighborhood or 0 0 0 ~
regional parks or other recreational
facilities?
b) Affect existing recreational opportunities? 0 0 0 ~
c) Interfere with recreation parks & 0 0 0 ~
recreation plans or programs?
Comments: As the project is the adoption of policy, no adverse impacts to parks or
recreational resources are anticipated.
Page No. 11
, ,~ 'J J
.,.,~__,.) - ::'1(.,
MANDATORY FINDINGS OF
SIGNIFICANCE: See Negative
Declaration for mandatory findings of
significance. If an EIR is needed, this section
should be completed.
a) Does the project have the potential to
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 or
California history or prehistory?
Comments: As the project is the adoption of citywide policy, there are no site specific impacts.
Therefore, the project does not have the potential to reduce the habitat of a fish or wildlife
speCIes.
b) Does the project have the potential to
achieve short-term, to the disadvantage of
long-term, environmental goals?
Comments: The project conforms to all long-term goals/plans for this area with regards to the
reduction of air pollutants and therefore will not achieve short term environmental goals to
the disadvantage of long-term goals.
"
XVIII.
c) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the incremental
effects of a 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.)
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.,;.,.,~ . .- .,...-
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigated
No
Impact
Less than
Significant
Impact
o
o
o
181
o
o
o
181
o
o
o
181
Page No. 12
Potentially
Significant
Impact
Potentially
Significant
Unless
Mitigated
Less than
Significant
Impact
No
Impact
Comments: The project does not have any impacts that are individually limited, but
cumulatively considerable. Specific implementation action measures that may involve general
plan amendments in regards to land use will undergo additional environmental review.
d) Does the project have environmental effect
which will cause substantial adverse effects
on human beings, either directly or
indirectly?
Comments: The analysis contained in the Initial Study found no evidence indicating the
project will cause adverse impacts to humans. The adoption of the C02 Reduction Plan will
potentially produce beneficial environmental effects to human beings. If the proposed action
measures are implemented in a timely manner, this would result in an 80% reduction of the
C02 emissions produced in 1990 by the year 2010. Even without the benefits of carbon
dioxide reduction, these proposed policies if implemented would reduce energy consumption
and aim toward a more pedestrian friendly and integrated city.
o
o
o
181
XIX. PROJECT REVISIONS OR MITIGATION MEASURES:
The following project revisions or mitigation measures have been incorporated into the
project and will be implemented during the design, construction or operation of the project:
No mitigation will be required.
~-t.. J'h~
I
Date
Page No. 13
- ~.1
xx. ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED:
The environmental factors checked below would be potentially affected by this project,
involving at least one impact that is a "Potentially Significant Impact" or "Potentially
Significant Unless Mitigated," as indicated by the checklist on the following pages.
D T ransportationl Circulation D Public Services
D Land Use and
Planning
D Population and D Biological Resources D Utilities and Service
Housing Systems
D Geophysical D Energy and Mineral D Aesthetics
Resources
D Water D Hazards D Cultural Resources
o Air Quality o Noise o Recreation
D Mandatory Findings of Significance
Page No. 14
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XXI. DETERMINATION:
On the basis of this initial evaluation:
I find that the proposed project COULD NOT have a significant effect on the
environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed project could have a significant effect on the
environment, there will not be a significant effect in this case because the
mitigation measures described on an attached sheet have been added to the
project. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed project MAY have a significant effect on the
environment, and an ENVIRONMENTAL IMP ACT REPORT is required.
I find that the proposed project MAY have a significant effect(s) on the
environment, but at least one effect: 1) has been adequately analyzed in an earlier
document pursuant to applicable legal standards, and 2) has been addressed by
mitigation measures based on the earlier analysis as described on attached sheets,
if the effect is a "potentially significant impacts" or "potentially significant unless
mitigated." An ENVIRONMENTAL IMPACT REPORT is required, but it
must analyze only the effects that remain to be addressed.
I find that although the proposed project could have a significant effect on the
environment, there WILL NOT be a significant effect in this case because all
potentially significant effects (a) have been analyzed adequately in an earlier EIR
pursuant to applicable standards and (b) have been avoided or mitigated pursuant
to that earlier EIR, including revisions or mitigation measures that are imposed
upon the proposed project. An addendum has been prepared to provide a record
of this determination.
/1J1j vl. . /'t" ~
f
Date
ental Review Coordinator
Chula Vista
2()-JLf
181
D
D
D
D
Page No. 15
ATTACHMENT D
BOARD/COMMISSION RECOMMENDATIONS
Resource Conservation Commission (RCC) - Reviewed the C02 Reduction Plan on January
20, 1997 and voted (7-0-1) to support the C02 Reduction Plan with the following
recommendations:
1. Replace measure 10 - Reduced Commercial Parking Requirements with "The
Development of a Public Education effort to increase awareness of the issue within the
community and educational institutions.
2. Prioritize the implementation of Measure 16 - Traffic Signal and System Upgrades.
3. Incorporate appraisal of C02 impacts of all new planning projects as part of the
environmental review process.
4. That City Council look at impacts of overall C02 from international sources (i.e.,
trans boundary traffic, Mexican power production) and track legislation that supports
reduction from those sources.
Economic Development Commission (EDC) - Reviewed the C02 Reduction Plan on January
8, 1997, forwarded a letter of concern to Council, and recommended the following:
1. Prior to adoption of ordinances or other mandatory actions, establish a Stakeholders
Committee to oversee implementation of each measure, and analyze the economic
impact upon applicable industries/businesses.
2. Avoid creating an additional bureaucracy to implement these measures.
3. Avoid setting mandates, whenever possible; set goals and objectives, and offer
incentives to encourage compliance.
4. Measures requiring educational efforts to increase business and/or community
awareness should be analyzed in terms of cost to the City or to the business community.
Planning Commission - On February 12, 1997 staff and the Chair of the Citizens Task Force
presented the plan to the Commission. The Planning Commission complimented the City for
its efforts but took no position.
Growth Management Oversight Commission (GMOC) - On May 18, 1998 in a special joint
meeting/workshop of the City Council, GMOC and the Planning Commission the GMOC
Annual Report was accepted. The report encouraged the Council to adopt the C02 Reduction
Plan and direct staff to prioritize the Plan's measures. In more recent Annual Reports the
GMOC has discussed the C02 Reduction Plan and maintains support of the concept but has not
formally recommended adoption the Plan by Council.
.......... .....)--
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RESOLUTION NO.
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA
VISTA ADOPTING THE CARBON DIOXIDE REDUCTION PLAN
(C02 REDUCTION PLAN) AND DIRECTING STAFF TO
CONTINUE TO IMPLEMENT RECOMMENDED MEASURES
WITHIN THE PLAN
WHEREAS. the City CouncIl of the City of Chula Vista has made a strong
commitment to the reduction of carbon dioxide emissions In the region through partiCipation In the
International Council of Local Environmental Imtiatives (IClE!); and
WHEREAS. the Carbon DiOXide Reduction Plan was developed by a city task force
and staff In 1996 as a tool to reduce the effects of carbon dioxide on the envlronmelll at a local level:
and
WHEREAS. at a Special Meetlng/Worksesslon of the City CouncIl of the City of
Chula Vista held in 1997 the City Council granted conceptual approval of the drati Carbon DIOxide
ReductIOn Plan and directed statT to proceed WIth formal revIew and approval: and
WHEREAS. staff IS recommending adoptIOn of the Carbon Dioxide ReductIOn Plan
and continued Implementation of the measures within the plan, Including the incorporatIOn of the land
use related measures into the City's Sustainable Development Program: and
WHEREAS, Negative Declaration IS-98-29 and an addendum to IS-98-29 was
prepared by City statT for the Carbon DiOXIde ReductIOn Plan according to the provIsions of CEQA:
NOW, THEREFORE, BE IT RESOLVED that the CltV Council of the City of Chula
Vista does hereby tlnd the Negative Declaration IS-98-29 and addendum to IS-98-29 have been
prepared in accordance WIth the requirements of CEQA and the EnVironmental ReVIew procedures of
the City and hereby adopts the Negative DeclaratIOn and addendum.
BE IT FURTHER RESOLVED the City Council of the City ofChula Vista
does hereby adopt the Carbon DIOXIde Reduction Plan and directs staff to continue to implement
recommended measures within the Carbon Dioxide Reduction Plan, including the incorporatlon of the
land use related measures into the City's Sustainable Development Program..
Presented by
Approved as to fonn by
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&. i 'af('fr1. U?,
John ,Kahenv U
.,/ ,
City Attorney
Robert A, Leiter
DIrector of Planning and Building
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