HomeMy WebLinkAboutAgenda Packet 1993/09/07
"I declare under penalty of per{ury thet ( an!
em~loyed by the City of Chura Vista in the
Of.flce of the City Clerk d that I posted
this Age~da/Notice on the lie rd at
the PUb~IC Se i s Buildin a' t. II' .
Tuesday, September 7,1993 DATED. . SIGNED ~, Coun~ll Cha,!,b~rs
4:00 p.m. ~c Semces Buildmg
RelZUlar MeetinS[ of the City of Chula Vista City Counci
CALL TO ORDER
1.
ROLL CALL:
Councilmembers Fox _' Horton ~ Moore -' Rindone -' and Mayor
Nader _
2. PLEDGE OF ALLEGIANCE TO THE FLAG. SILENT PRAYER
3.
APPROVAL OF MINUTES:
August 17, 1993 (City Council Meeting) and August 30, 1993
(Special Meeting of the City Council). The following minutes from
the Joint Meetings of the City Council and the San Diego County
Board of Supervisors: October 22, 1992, January 21, 1993, June
2, 1993, June 16, 1993, June 30, 1993, July 12, 1993, July 21,
1993, July 22,1993, and July 26, 1993.
4. SPECIAL ORDERS OF THE DAY:
a. Oath of Office:
Growth Management Oversight Commission - Carol Lynn Dull;
Growth Management Oversight Commission - James P. Langius;
Resource Conservation Commission - Michael Guerreiro;
Youth Commission - Jocelyn Castillo;
Youth Commission - Nicole Cazares;
Youth Commission - Steve Ceballos;
Youth Commission - Tyron Meservy.
CONSENT CALENDAR
(Items 5 through 18)
The staff recommendations regarding the foUowing items listed wulo the Consent CaIendnr will be enacted by the
Council by one motion without discussion unless a CounciJmember, a member of the publU: or City staff requests
that the item be puI1ed 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 Clerfc prior to the meeting. (Complete the green form
to speak in favor of the staff recornmendntion; complete the pink form to speak in opposition to the staff
recommendation.) Items puI1ed from the Consent Calendnr will be discussed oftn Board and Commission
Recommendations and Action ItJ!ms. Items puI1ed by the publU: will be the first items of business.
5. WRfITEN COMMUNICATIONS:
a. Letter of resignation from the Housing Advisory Committee - Glen R. Googins, Deputy City
Attorney, City of Chula Vista, 276 Fourth Ave., Chula Vista, CA 91910. It is recommended
that the resignation be accepted and the City Clerk be directed to post immediately
according to the Maddy Act in the Clerk's Office and the Public Library.
b. Claims against the City: Claimant Number 1 - Joseph W. Garcia, 484 Fifth Ave., Chula
Vista, CA 91910; Claimant Number 2 - San Diego Gas & Electtic Company, c/o J. Hoffman,
Claims Representative, P.O. Box 1831, San Diego, CA 92112; and Claimant Number 3 - Eric
Joseph Huesca, c/o Judi M. Sanzo, Attorney at Law, 2870 Fourth Ave., Ste. 100, San Diego,
CA 92103. It is the recommendation of the City's claims adjustors, Carl Warren & Company,
and Risk Management staff that the claims be denied.
Agenda
-2-
September 7, 1993
6. ORDINANCE 2566 ADDING SECTION 9.50.068 AND AMENDING VARlOUS SECTIONS OF
CHAPTER 9.50 OF TIffi MUNlCJPAL CODE REGARDING TIffi SPACE RENT
CHARGED IN MOBILEHOME PARKS (second readimt and adoption) . In
May 1993, Council adopted Ordinance 2551 which made various changes
in the regulations regarding the space rent charged in mobilehome parks.
The proposed ordinance makes clarifying, administrative, and substantive
changes to Ordinance 2551. Staff recommends Council place the
ordinance on second reading and adoption. (Director of Community
Development)
7. ORDINANCE 2567 AMENDING SOiEDULE X, SECTION 10.48.050 OF TIffi MUNICIPAL CODE
- DECREASING STATE LAW MAXIMUM SPEED IJMITS IN CERTAIN AREAS
- MAIN STREET, OTAY LAKES ROAD, OTAY VAlLEY ROAD, QUlNTARD
STREET, AND WUESTE ROAD (first readinl!) - Staff established trial traffic
speed limits on Main Street, Otay Lakes Road, Otay Valley Road, Quintard
Street, and Wueste Road. The Trial Traffic Regulations have been in place
a minimum of eight months and, in accordance with the City Code, should
be made permanent if they are to remain in effect. Staff recommends
Council place the ordinance on first reading. (Director of Public Works)
8. RESOLUTION 17234 APPROVING AGREEMENT (ADDENDUM NUMBER 10) WITH JHK &
ASSOCIATES, INC. FOR TRANSPORTATION PLANNING ON TIffi OTAY
RANCH AND AUTI-IORIZING TIffi MAYOR TO EXECUTE SAME - JHK &
Associates shall attend and respond to directives from the General Manager
on transportation-related matters, and attend such staff meetings, Joint
Planning Commission meetings and Joint City Council/Board of Supervisors
meetings as may be requested by the General Manager. Staff recommends
approval of the resolution. (Deputy City Manager Krempl)
9. RESOLUTION In35 EXfENDING FOR ONE YEAR TIffi CONTRACT FOR TIffi CITY'S ANNUAL
REQUIREMENT OF IJBRARY BOOKS - Resolution 16757 approved the
cooperative bid with the City of San Diego for the City's requirements for
library books. The contract was awarded to Baker & Taylor Company. The
contract contains an option to renew for additional one year periods
through 6/30/97. Staff recommends approval of the resolution. (Director
of Finance)
10. RESOLUTION 1n36 APPROVING TIffi AGREEMENT FOR AUTO-AID FIRE PROTECTION WITH
TIffi RURAL FIRE PROTECTION DISTRICT OF SAN DIEGO COUNTY, AND
AUTI-IORIZING TIffi MAYOR TO EXECUTE SAME - The agreement will
improve service levels of the Fire Department and Rural Fire Protection
District in responding to wildland fires in the City and bordering areas that
threaten City property. Staff recommends approval of the resolution. (Fire
Chief)
11. RESOLUTION In37 ASSIGNING IJCENSE AND MAINTENANCE AGREEMENTS Willi INLEX,
INC. TO DATA RESEARCH ASSOCIATES (DRA), AND AUTI-IORIZING TIffi
MAYOR TO EXECUTE TIffi REQUIRED DOCUMENTS - INLEX, Inc. has
provided the City with library automation services since Council approval
of the contract on 8/28/90. INLEX will no longer own the INLEX 3000
product and will not have the right to offer services on the product. DRA,
a major library automation vendor based in St. Louis, recently purchased
INLEX, Inc. The resolution, if approved, will assign license and
maintenance agreements currently in force with INLEX to DRA in order for
the City to continue receiving required library automation system
maintenance service. Staff recommends approval of the resolution.
(Library Director)
--,
Agenda
-3-
September 7, 1993
12. RESOLUTION 17238 APPROVING THE FIRST AMENDMENT TO THE AGREEMENT WITI-l
STARBOARD CONSTRUCTION, INC. FOR PROJECf MANAGEMENT
SERVICES REGARDING THE SOIITH CHULA VISTA UBRARY, ADDING
PROJECf SOLUTIONS, INC. AS A SUBCONSULTANT TO STARBOARD;
AIITHORIZlNG THE OTY MANAGER TO REVIEW AND APPROVE BY
LETTERSUBSEQUENTMINOR CHANGES TO THE ORIGINAL AGREEMENT
REGARDING PERMI1TED SUBCONSULTANTS - The resolution requests
approval of the First Amendment of the agreement with Starboard for
project management services in order to add Project Solutions, Inc. as a
permitted subconsultant to Starboard. Project Solutions, Inc. is headed by
Ian Gill, a former minor shareholder of Starboard and former Principal-in-
Charge of the project management team for the South Chula Vista Library
construction project. The amendment also seeks to grant the City Manager
authority to review and approve by letter subsequent minor changes related
to subconsultants on the original agreement. Staff recommends approval
of the resolution. (Library Director)
13. RESOLUTION 17239 WAIVING THE COMPETITIVE BIDDING PROCESS AND APPROVING A
1liREE YEAR SERVICE AGREEMENT WITI-l AMERICAN DIGITAL SYSTEMS
(ADS) SERVICES FOR THE MAINTENANCE OF TEN SEWAGE FLOW
METERS THROUGH JUNE 30,1996 - ADS Services had a one year service
agreement for Fiscal Year (FY) 1992/93 for the repair and preventive
maintenance services for eight sewage flow metering stations. It is
proposed that the service be extended for three more years under a new
service agreement. The cost of the service agreement will increase in FY
1992/93 to $329 per month per single monitor and $417 per month for
the dual monitor in FY 1993/94, 1994/95, and 1995/96. This represents
a total increase of approximately 4.1 per cent for single monitors and 4.0
per cent for the dual monitor in 1993/94. The cost per monitor will
remain unchanged in 1994/95 and 1995/96. Staff recommends approval
of the resolution. (Director of Public Works)
14. RESOLUTION 17240 AMENDING SCHEDULE 1lI OF MUNlOPAL CODE SECTION 10.52.280
RELATING TO PARKING PROHIBITED AT ALL TIMES ON PORTIONS OF
NORTH FOURTH AVENUE - On 8/4/92, a Trial Traffic Regulation
establishing a parking prohibition on the west side of North Fourth Avenue
was implemented pursuant to the provisions of Section 10.12.030 of the
Municipal Code. Signs indicating the prohibition were installed on
7/23/92. Staff recommends approval of the resolution. (Director of Public
Works)
15. RESOLUTION 17241 AMENDING SCHEDULE VI OF MUNICIPAL CODE SECTION 10.52.340
RELATING TO UMITED PARKING TIME ON THIRD AVENUE - On 8/4/92,
a Trial Traffic Regulation establishing a time limited parking restriction in
the 500 block of Third Avenue was implemented pursuant to the provisions
of Section 10.12.030 of the Municipal Code. Signs indicating the
restriction were installed on 9/10/92. Staff recommends approval of the
resolution. (Director of Public Works)
Agenda
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September 7, 1993
16. RESOLUTION 17242 APPROVING 1HE FlUNG OF AN APPUCATION FOR TRANSPORTATION
ENHANCEMENT AcnvrnES PROGRAM FUNDS UNDER 1HE
INTERMODALSURFACE TRANSPORTATIONEFFlCIENCY Ace (lSTEA) OF
1991 AND DESIGNATING 1HE CJ1Y ENGINEER AS 1HE AITfHORIZED
REPRESENTATIVE FOR 1HE PROGRAM - California is scheduled to receive
more than $200 million over a six-year period (six cycles) under the
program. The resolution will approve the filing of an application for
second cycle funding. The application is for the East 'H' Street
Bicvcle/Pedestrian Transportation System. The project involves the
widening of East 'H' Street between a point approximately 650 feet west
of Buena Vista Way and a point approximately 700 feet east of Otay Lakes
Road. The widening will provide for bicycle lanes in both directions and
sidewalk installation along the south side of the street. Total project cost
is $1,135,000. Staff recommends approval of the resolution. (Director of
Public Works)
17. RESOLUTION 17243 APPROVING UNIFORM FARE STRUCTIJRE AGREEMENT FOR TRANSIT
SERVICES - The agreement defmes coordination activities among transit
operators in the Metropolitan Transit Development Board area for fares,
transfers, and regional pass revenue sharing among operators. Staff
recommends approval of the resolution. (Director of Public Works)
18. RESOLUTION 17244 APPROVING 1HE SEVENTEEN1H AMENDMENT TO 1HE AGREEMENT
WITH 1HE SAN DIEGO UNIFIED PORT DISTRIce FOR GROUNDS AND
COMFORT STATION MAINTENANCE AT 1HE 'J" STREET MARINA
BAYSIDE PARK AND ADJACENT LANDSCAPE MEDIANS - On 11/17/92,
Council authorized the revised 16th amendment to an agreement with the
San Diego Unified Port District for grounds and comfort station
maintenance at 'J' Street Marina, Bayside Park, and the landscape medians
on Tidelands. Staff recommends approval of the resolution. (Director of
Parks and Recreation)
* * END OF CONSENT CALENDAR * *
PUBUC HEARINGS AND RELATED RESOLUTIONS AND ORDINANCES
The foUowing items hove been advertised and/or jKMted as publil: hearings as required by law. If you wish to speak
to any item, please fill out the 'Request to Speak Form' avai1JJh1e in the lobby and submit it to the City Clerk prior
to the meeting. (CompIe1e the green form to speak in favor of the staff recommendation; complete the pink form
to speak in opposition to the staff recommendation.) Commems are limited to five minuJes per individuoL
19.
PUBUC HEARING
CONSIDERATION OF GRANTING A FRANCHISE LAIDLAW WASTE
SYSTEMS, INC. FOR RESIDENTIAL YARD WASTE RECYCIJNG
COu.ECflON SERVICES - At the 8/17/93 meeting, Council approved the
resolution giving notice of intent to grant a franchise for residential yard
waste recycling program collection services to be provided by Laidlaw
Waste Systems and setting 9/7/93 as the date for the public hearing. As
directed, staff noticed the public hearing in conformance with the Charter.
The report further describes the Yard Waste Recycling Program as
conceptually approved by Council, to allow for Council and citizen input
during the public hearing. Staff recommends Council continue the public
hearin2 to the meetinR: of 9/14/93. (Administration)
Agenda
.5.
September 7, 1993
20.
PUBUC HEARlNG
CONSIDERATION OF ADOPTION OF AN INTERIM PRE-SR-l25
DEVELOPMENT IMPACf FEE AND CONSIDERATION OF MODIFlCATION
OF TIIE EXISTING TRANSPORTATION DEVELOPMENT IMPACf FEE . On
8/20/91, Council approved a contract with Howard Needles Tammen and
Bergendoff (HNTB) for professional services in preparing a report which
would analyze future transportation needs in Chula Vista and help staff
develop contingency plans in the event that SR.125 is not constructed in
a timely fashion. HNTB has completed the report which contains a
recommended roadway system, and a recommended financing plan as well
as providing background and discussion of issues considered in developing
the proposal. Staff recommends Council continue the Dublic hearinl!: to the
meetinl!: of 9/14/93. (Director of Public Works) Continued from the
meeting of 7127/93.
ORAL COMMUNICATIONS
This is an opportunily for the general pub/ii; /0 address the city Council 011 any subject moJter within the Cowu:iI's
jurisdU:tion that is not an item 011 this agenda. (State law, however, generally prohibits the City Council from
taking action 011 any issuu not inl:1uded 011 the posted agenda.) If you wish /0 address the Cowu:iI 011 sru:h a
subject, please complete the yellow "&quest /0 Speak Under Oral Comnwnieations Form" available in the lobby
tmd submit U /0 the City Clerk prim /0 the meeting. Those who wish /0 speak, please give your name tmd address
for record purposes tmd faIlaw up action. Your time is limited /0 three minutes per speaker.
BOARD AND COMMISSION RECOMMENDATIONS
This is the time the City Council will consider ilems which have been forwanJeJl /0 them for consideration by one
of the City's Boards, Commissions tmd/or Committees.
21.
REPORT
CULTIJRALARTS COMMISSION - REVISED MISSIONSTATEMENf, GOALS,
AND OBJECTIVES. The Cultural Arts Commission recently revised their
Mission Statement, and Goals and Objectives during a series of workshop
sessions and special meetings. It is recommended that Council accept the
report, and endorse and support the new Mission Statement, and Goals and
Objectives. (Cultural Arts Commission)
ACTION ITEMS
The ilems listed in this section of the agenda are expected /0 eIii:U substontial discussions tmd deliberations by the
Cowu:iI, stJJjf, or members of the general publii:. The ilems will be considered individually by the Cowu:iI tmd stLlff
recommendations may in certain cases be presented in the a/temIJtive. Those who wish /0 speak, please fill out
a "&quest /0 Speak" form available in the lobby tmd submit U /0 the city Clerk prim /0 the meeting. Pub/ii;
comments are limited /0 five minutes.
22.
REPORT
REQUEST FOR DETERMINATION ON VIABLE SOUD WASTE DISPOSAL
OPTIONS. (Deputy City Manager Krempl)
Agenda
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September 7, 1993
23. REPORT CHULA VISTA TRANSIT (CVO ElITERIOR BUS ADVERTISING PROGRAM-
On 6/15/93, Council discussed advertising on cvr buses. Council directed
staff to: 1) report back to Council on possibilities of earmarking
advertising revenue for youth programs; and 2) develop a program for
exterior bus advertising. The report will address Council's direction. Staff
recommends that Council either: 1) reconsider the issue of exterior ads on
cvr buses and not implement the program at this time; or 2) direct staff
to develop a Request for Proposal for an exterior advertising program.
(Director of Public Works)
24. REPORT POSSIBLE WITIIDRAWAL OF MEMBERSHIP FROM THE SAN DIEGO AREA
WASTEWATER MANAGEMENT DISTRICT - On 8/24/93, under the Mayor's
Comments was consideration for withdrawing from membership status in
the San Diego Area Wastewater Management District (SDAWMD) effective
11/1/93 unless certain conditions are met. The item was continued to
9/7/93 in order to receive further staff input. Staff recommends Council
accept the report and support a motion pending before the SDAWMD to
continue the time period that an agency can withdraw from the District
without a penalty. (Director of Public Works)
25. RESOLUTION 17245 AUTIIORIZING THE SUBMISSION OF A CERTIFICATION APPIJCATION TO
THE FEDERAL COMMUNICATIONS COMMISSION, ADOPTING
REGULATIONS TIlAT ARE CONSISTENT WITH THE FEDERAL
COMMUNICATIONS COMMISSION'S CABLE TELEVISION BASIC SERVICE
RATE RULES AND REGULATIONS; AND ESTABIJSHING CERTAIN
PROCEDURAL LAWS AND REGULATIONS WHICH PROVIDE A
REASONABLE OPPORTUNITY FOR CONSIDERATION OF THE VIEW OF
INTERESTED PARTIES IN CABLE TELEVISION RATE REGULATION
PROCEEDINGS TAKEN HEREUNDER - The Cable Television Consumer
Protection and Competition Act of 1992 gives cities the authority to
regulate basic service rates. In order to qualify for basic service rate
regulatory authority, the City must certify that it will undertake certain
actions required in the 1992 Act. Staff recommends approval of the
resolution. (Director of Finance)
ITEMS PULLED FROM THE CONSENT CALENDAR
This is the time the Cily Council will discuss items which have been removed from the Consent Calendar. Agenda
items pulled oJ the request of the publU: will be considered prior to those pulled by Councilmembers. PubIU:
comments are IimiIed to five minutes per individual
OTHER BUSINESS
26. CI1Y MANAGER'S REPORTCS)
a. Scheduling of meetings.
Agenda
-7-
September 7, 1993
b. Oral report regarding clarification of the intent of the Council motion related to
amendments to the 1993/94 Operating Budget.
27. MAYOR'S REPORTCs)
a. Ratification of Appointment:
Design Review Committee - Father Richard Duncanson;
Board of Appeals - Anne Fabrick.
b. City Energy Savings - Request to Jim Bell for Cost-Free-Walk-Through Audit.
c. Discussion and potential direction to the Wastewater Management District delegates.
Continued from the meeting of 8/24/93.
d. Sponsorship of seminar/tour to promote Chula Vista merchants' opportunities in Mexico.
28. COUNCIL COMMENTS
ADJOURNMENT
The City Council will meet in a closed session immediately following the Council meeting to discuss:
Instructions to negotiators pursuant to Government Code Section 54957.6 - Chula Vista Employees
Association (CVEA), Western Council of Engineers (WCE) , Police Officers Association (POA) ,
International Association of Fire Fighters GAFF), Executive Management, Mid-Management, and
Unrepresented.
Pending and potential litigation pursuant to Government Code Section 54956.9 - City of ChuIa Vista
vs. the County of San Diego and Aptec.
Pursuant to Government Code Section 54956.7 - Approval of evaluation form for appointed officials.
Potential litigation pursuant to Government Code Section 54956.9 - City of Chula Vista vs. County
of San Diego regarding tipping fee surcharge.
The meeting will adjourn to (a closed session and thence to) a Joint Meeting of the City Council/County
Board of Supervisors on Monday, September 13, 1993 at 3:00 p.m. in the City Council Chambers, and thence
to the Regular City Council Meeting on September 14, 1993 at 6:00 p.m. in the City Council Chambers.
A Joint Meeting of the City CouncillRedevelopment Agency will be held immediately following the City
Council meeting.
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CllY OF
CHULA VISTA
OFFICE OF THE CITY ATTORNEY
Joe Casillas, Chairman
Housing Advisory Committee
City of Chula vista
276 Fourth Avenue
Chula vista, CA. 91910
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August 16, 1993
Dear Chairman Casillas:
As you know, as of August 2, 1993, I have accepted permanent
employment with the City of Chula vista as Deputy City Attorney in
the city Attorney's office. As a result of this new position, I
must regretfully resign my position on the Housing Advisory
Committee.
I enjoyed my brief stint on the Committee and wish its continuing
members good luck in their future deliberations and decision-
making.
GRG:lgk
cc: city Council
Bruce M. Boogaard
Juan Arroyo
CC.'
WR,ITTEN COMMUNlCATI~)
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276 FOURTH AVE/CHULA VISTA. CALIFORNIA 91910/(619) 691-5037
COUNCIL AGENDA STATEMENT
Item
.5'b
Meeting Date 9/7/93
ITEM TITLE:
Claims Against the city
SUBMITTED BY:
Director of pers nnel~
(4/Sths Vote: Yes___ No~)
REVIEWED BY:
City Manager
Claimant No.1:
Mr. Joseph W. Garcia
484 Fifth Avenue
Chula Vista, CA 91910
On August 3, 1993, Mr. Joseph W.. Garcia filed an Application for
Leave to Present Late claim against the city of Chula vista. The attached
claim, for an amount within the jurisdiction of the superior court, alleged
personal injuries received on August 17, 1992, in connection with an inci-
dent involving our pOlice Department.
Because of the excessive delay in submitting this claim, and ~ecause
of question~le li~ility, it is recommended ~y the city's claims consult-
ants, Carl Warren' company, and Risk Management, that the Application for
Leave to Present Late Claim ~e denie4. .
claimant No.2:
. San Diego Gas , Electric
c/o Mr. J. Hoffman, Claims Representative
P. O. Box 1831
San Diego, CA 92112
On August 2, 1993, a Claim against the City was filed ~y San Diego
Gas , Electric for an amount within the jurisdiction of the Municipal
court. The claim seeks rei~ursement for property damage to an underground
c~le at Apache Drive and Telegraph canyon Road on May 12, 1993, caused ~y
a subcontractor to Erreca's Inc.
The city contracted with Erreca's Inc. for the widening of
Telegraph Canyon Road. The contract documents contain a hold harmless
clause and provide.. for indemnification. Due to remote li~ility, it is
the recommendation of the City'S claims adjustors, Carl Warren' company,
and RiSk Management, that this claim ~e denied.
Form A-113 (Rev. 11/79)
5b-~I-._.
---_._-~~.._-~_..__..- .--~...__..,._.--_._---_.-..--
Item
Meeting Date
..1'1>
9/7/93
On August 4,
city in the amount
sonal injuries when
February 5, 1993.
Although liability is questionable, we are continuing our investiga-
tion and it is desirable to start the statute of limitations. It is the
recommendation of our claims adjustors, Carl Warren' company, concurred in
by Risk Management, that this claim be denied.
Mr. Eric Joseph Huesca
c/o Judi M. Sanzo
Attorney at Law
2870 Fourth Avenue, Suite 100
San Diego, CA 92103
1993, Mr. Eric Joseph Huesca filed a Claim against the
of $250,000.00. Mr. Huesca alleged he received per-
he was arrested by members ~f our police Department on
Claimant No.3:
RECOMMENDATION:
1. Deny Application for Leave to Present Late Claim filed
by Joseph W. Garcia.
2. Deny claim filed by San Diego Gas' Electric.
3. Deny claim filed by Eric Joseph Huesca.
J
.5b"~
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.
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item ~
Meeting Date~
ORDINANCE In/, Ordinance of the City O~
Council of the City of Chula Vista Addin9nO~~~
Section 9.50.068 and Amending Variou~~o ~- .
Sections of Chapter 9.50 of the G~~Vista
Municipal Code Regarding the SI/l~~""Rent
Charged in Mobilehome par~Q ~~O.
Community Development ~~ector~
city Manager~~~~\
t.,
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SUBMITTED BY:
REVIEWED BY:
BACKGROUND
On April 13, 1993, the city Council directed staff to return with
amendments to Chapter 9.50 of the Chula vista Municipal Code
which would allow criminal enforcement of the Chapter.
On April 20, 1993, the council placed Ordinance #2551 of first
reading and directed staff to convene the Mobilehome Rent Review
Commission so that the Commission could review the Ordinance and
take public comment.
At its meeting on April 26, 1993, the Commission voted 4-0 to
recommend approval of Ordinance #2551 to the Council with the
caveat that additional changes could be incorporated into the
Chapter at a later date. .
On May 4, 1993, Ordinance #2551 was read for the second time, and
Ordinance #2551 took effect on June 7, 1993.
RECOMMENDATION: That the Ci~ Council approve the Ordinance
Adding Section 9.50.68 and Amendini-various Sections of Chapter
9.50 of the Chula vista Municipal Code.
BOARD AND COMMISSION RECOMMENDATIONS: The Mobilehome Rent Review
commission recommends the proposed amendments to Chapter 9.50.
The additions of Sections 9.50.068 and Sections 9.50.076 B will
be considered by the Commission on August 19, 1993, and staff
will provide the council with a verbal report on August 24, 1993.
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Page 2,
Meeting
Item 1./
Date ~
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&.
"'Jhlq~
DISCUSSION
After concerns were raised regarding the effectiveness of the
~City,s existing space rent regulations contained in Chapter 9.50,
Council directed staff to amend Chapter 9.50 so that violations
of the Chapter could be criminally prosecuted. After the initial
revisions were drafted and Ordinance #2551 was read for the first
time, Council directed staff to call a meeting of the Mobilehome
Rent Review commission so that public comment could be taken.
During the public meeting held by the Commission, concerns
regarding Ordinance #2551 were raised by Park Owners and the
Commission. However, the Commission did not wish to forestall
the second reading of Ordinance #2551 so the Commission
recommended the adoption of Ordinance #2551 with the caveat that
it could be amended in the near future. Ordinance #2551 was read
for the second time on May 4, 1993, and the Ordinance took effect
on June 7, 1993.
The attached draft Ordinance, if adopted, would alter Chapter
9.50 of the Chula vista Municipal Code by adding the "clean-up"
changes proposed by the Commission to what was previously adopted
in Ordinance #2551.~
Listed below are the proposed changes:
1. The amendment of section 9.50.065 C of the draft
Ordinance would'require park owners to notify the Community
Development Department whenever the Park Owner wishes to increase
space rent above the applicable CPI to existing Residents.
This change allows staff to monitor the frequency of
rent increases above the CPI;
2. The amendment of 9.50.067 B allows the outgoing
Mobilehome Resident to negotiate the space rent to be charged to
the incoming Resident.
This amendment was originally suggested by a Park
Owner, and it was endorsed b~ the. Mobilehome Rent Review
Commission; ~ ~
sections 9.50.067 D-G were inadvertently not included
in Ordinance #2551. This change would make Section 9.50.067
consistent with section 9.50.065.
3. section 9.50.068 A was added to the Chapter in order to
prevent any confusion regarding the CPI figure to be used by Park ~
Owners for the purposes of increasing space rent. ,
<0-'2.
~
.
.
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Page 3, Item ~
Meeting. Date~
section 9.50.068 B was added so that staff could ensure
that Park Owners were using the correct CPI figure when
increasing space rent.
l.D
"l/,I'l.3>
Section 9.50.068 C was added so that potential
residents of any mobilehome park would be aware of their right to
mediate the purchase price of a mobilehome, if the potential
purchaser believes the purchase price of the mobilehome is too
high as.a result of rent regulation;
4. section 9.50.070 H was amended to make the Chapter
internally consistent. This change should have been made when
Ordinance #2551 was originally passed;
5. By adding knowinalv to Section 9.50.075 D, the park
owner would have to "knowingly" demand an improper space rent in
order to constitute a waiver of the space rent demanded;
6. The proposed additions to section 9.50.075 D and E
allows a tenant to waive the protections in these Subsections, if
the waiver is in the tenant's best interest; and,
7. When the Commission reviewed Ordinance #2551, concerns
were raised regarding section 9.50.076. The current Section
allows an incoming Mobilehome Resident to mediate the purchase
price of a mobilehome, if he believes the mobilehome is priced
too high as a result of space rent regulations, but it does not
provide a method for informing incoming Mobilehome Residents of
their right to non-binding mediation. In order to address the
commission's concern, Section 9.50.076 B requires Park Owners to
post the Notice detailed in section 9.50.076 B in a prominent
place in the on-site office.
FISCAL IMPACT: The changes contemplated in the proposed
ordinance will not require any more staff time or costs than is
already required by Chapter 9.50.
" ? #<-
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have the right to arbitrate, as provided in this section:
A. Outgoing Mobilehome Resident's Right to Arbitrate. If an outgoing
Mobilehome Resident intends to sell his or her mobilehome, the Owner shall
provide to the outgoing Resident within 15 days of the receipt of a written no~ice
of intent to sell, a written statement as to the rental rate to be offered to the
incoming Mobilehome Resident, as set forth below in subsection {e) C. If the
rate of increase in rent to the new owner-occupant is above the amount of the
applicable CPI as provided in Section 9.50.070 W A, then the current resident
shall have the right to arbitrate the increase under the provisions of Section
9.50.070. The right is subject to the outgoing resident placing a deposit pursuant
to Section 9.50.070 (B) below, within 30 days of service of the owner's written
statement, as shown in subsection {e) C below, to the outgoing resident.
.
B. Incoming Mobilehome Resident's Right to Arbitrate. The Owner shall also
provide within 15 days of the Betiee af sale ef a l:IBit receiving a CODY of a
comDleted avreement for sale of the Mobilehome, a written statement to the
incoming Mobilehome Resident as to (1) the rental rate to be offered to the
incoming Mobilehome Resident, as set forth below in subsection C, below, and
(2) notice as to whether the outgoing Mobilehome Resident completed arbitration
in good faith as to the increase. At such time as an incoming Mobilehome
Resident receives such notice, properly and fRIeI, truly prepared, then if the
outgoing Resident did not, in good faith, exercise or pursue to completion their
right to arbitrate stated above in subsection A. or reach written agreement as to
the amount of the SDace rent for the incoming Mobilehome Resident, the
incoming Mobilehome Resident shall have the right to arbitrate the increase under
the provisions of Section 9.50.070. The right is subject to the incoming
Mobilehome Resident placing a deposit pursuant to Section 9.50.070 B, within
30 days of the date on which the incoming Mobilehome Resident receives the
park owner's statement regarding the proposed rental amount as set forth in
subsection C, below.
C. The park owner's statement shall contain the following:
NOTICE - RENT INCREASE IN EXCESS OF CPI
IF YOU DO NOT TAKE ACTION TO ARBITRATE IN A TIMELY
MANNER, THIS INCREASE SHALL BE AUTOMATICALLY
EFFECTIVE upoilt THE SALE OF YOUR MOBILEHOME
This is a statement of space rent increase which exceeds the percentage increase
of the Consumer Price Index (CPI) for the twelve (12) month period, as reported
.
August 13, 1993
Page 3
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by the Bureau of Labor Statistics, preceding this statement. The CPI is % and
this increase is % of your current rent. This increase is in addition to. the
following allowable pass-throughs: [identify type and amount of major capitol
improvement or other allowable pass-through].
.""",
Under the City's Municipal Code, the outgoing Resident has the first right to
arbitrate the rental increase, and in the event he or she fails to pursue arbitration
to completion, the incoming Resident is entitled to file for arbitration with the
City's Community Development Department. In order to arbitrate, you must
place an arbitration deposit of $ with the City's Community Development
Department within thirty (30) days of the date this notice is served on you. If
you do not place the deposit, you forfeit your right to arbitrate the rent increase.
If you are low income (below $13,000-15,000 per year), you may be eligible to
receive assistance for part of the cost of arbitration from the City's Community
Development Department. If you have questions regarding arbitration or need
more information, you can call the City at 691-5047.
l2.. If the residents within the affected mobilehome park have established a
re.vresentative bodv and notified the owner in writin~ of its existence. a co.vy
of the rent increase notice must be sent to the chaimerson of that body.
;g.
A CODV of the rent increase notice shall be mailed (return receipt reauested)
to the Communitv Develo.vment De.vartment of the City of Chula Vista. 276
Fourth Avenue. Chula Vista. CA 91910. at the same time as issuance of the
notice to residents.
""'"
E.. The rent increase notice must contain the s.vace numbers of all residents who
are subiect to the increase which is above the amount of the applicable CPI.
Q.. The notice shall advise recipients that a de.vosit of 25 % of the cost of
arbitration shall be made within thirty (30) davs of the date of service of
notice or the ri~ht to arbitration is waived. The deposit shall be made with
the Director of the Community Develqpment Department.
(Ord. _, ~1 (part) 1993)
Section 3. There is hereby added to the Chula Vista Municipal Code Section
If .~ .-
9.50.068 to read: .
9.50.068
Notices of CPI. Rent Increases. and Ril!ht to Mediate the Purchase
Price of a Mobilehome
August 13, 1993
Page 4
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A..
The is CPI is published twice each year by the Bureau of Labor Statistics.
The Community DevelQllment Department shall mail to each Park Owner or
their a!;!ent the lIPplicable CPI to be used for !\pace rent increases as soon as
the Community DevelQllment Department receives the lIPplicable CPI from
the Bureau of Labor Statistics. Park Owners shall use the CPl furnished to
them by the Community DevelQllment Department and IIll\Y not deviate from
that CPI until the Park Owner receives written notification from the
Community DevelQpment Department that the CPI has chanl!ed. The Park
Owner shall post. in a prominent place. the notification from the Community
DevelQllment Department so that all Residents are aware of the llP,plicable
~
.a. All notices to Residents to increase space rent. whether or not the increase is
above the applicable CPt shall be mailed (return receipt reqllested) to the
Community DevelQllment De!lartment. 276 Fourth Avenue. Chula Vista. CA
91910. at the same time as issuance of the notice to the residents.
!;;.. The Park Owner shall post in a orominent place. in the on-site office. the Notice
of the Right to Mediate the Purchase Price of Mobilehome provided in Section
9.50.076.
.
Section 4. That Section 9.50.070 of the Chula Vista Municipal Code shall be
amended to read:
9.50.070
Initiation of Space Rent Review.
A. In any situation where the space rent increases in a twelve (12) month period
exceed cumulatively the percentage increase of the consumer price index, as
reported by the Bureau of Labor Statistics for the most recent twelve (12) month
period preceding the rent increase notice, the following procedures shall apply
unless the owner receives written consent to the increase from the affected
Resident(s). The owner must me the original of the written consent with the
Community Development Department and notify the Resident that this has been
med.
B. The Resident shall be required within thirty (30) days of the date of service of the
notice of increase to deposit with the City Community Development Department
25 % of the estimated arbitration cost for one day of arbitration. Arbitration shall
begin in not less than 20 days nor more than 30 days after the date of service of
the notice of increase, provided the Resident's deposit has been made.
C. Upon receipt of the Resident's deposit and notification to the park owner, the
.
August 13, 1993
Page 5
(..-9
.~
park owner shall have 7 days to provide a deposit which shall be equal to 75 % "'"'"
of the estimated cost for one day of arbitration. The park owner shall sign an
appropriate document submitting the dispute to arbitration when making the
deposit.
D. The cost of arbitration including costs incurred by the American Arbitration
Association in cases where a settlement is reached prior to any hearing will be
shared.
The owner shall be responsible for 75 % and the Resident responsible for 25 % of
the first $750. Any costs of arbitration above $750 shall be shared equally by
both parties. Additional costs above the amount of deposit shall be due and
payable subject to the requirements of the American Arbitration Association.
E. The arbitration shall be conducted according to the applicable rules of arbitration
of the American Arbitration Association and under the auspices of the American
Arbitration Association.
F.
G.
H.
The decision of the arbitrator shall be advisory to the Mobilehome Rent
Commission. Both parties may waive arbitration throught the American
Arbitration Association, and have their case heard directly by tghe Commission
in the first instance. The arbitrator's decision should be submitted to the
Mobilehome Rent Commission within thirty (30) days from the beginning of
arbitration.
""""
The arbitrator's decision shall be submitted to the City's Mobilehome Rent
Commission, which shall affirm, modify, or revoke the arbitrator's decision at
a public hearing held within sixty (60) days following such submission, which
decision shall thereupon be final. The parties may stipulate to merely a review
of the record at arbitration, or either side may request a "denovo" hearing by the
Commission. If a de novo hearing is requested, it shall be conducted in
accordance with procedures adopted by the Commission which satisfy the
requirements of "due process" and will constitute a hearing at which evidence is
required by law, so that the Commission's decision is reviewable by the courts
by a writ of administrative mandamus pursuant to Code of Civil Procedure
Section 1094.5.
In the event that the owner.reduces 1he rent increase to the applicable CPI, Elf
Blere than S9% sf ~e affee~d r6siaeBts agree in writing te seMIe 1118 ai:ijJute, the
arbitration process automatically terminates.
(Ord. _, ~1 (part) 1993; Ord. 2451 ~7, 1991; Ord. 2227 ~2, 1987).
""'"
August 13, 1993
Page 6
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Section 5. That Section 9.50.075 of the Chula Vista Municipal Code shall be
amended to read:
9.50.075 Fixing of Space Rent
The rent on any particular mobilehome Space shall be fIxed as follows:
A. In the event that the tenant and an Owner reach agreement, with or without
the benefIt of mediation or arbitration, the rent for the pad shall be fIxed at the agreed
upon rent at such time as the agreement is reached unless the agreement otherwise
provides for a different effective date.
B. In the event that the tenant and an Owner do not reach agreement, and the
rent has been established by the Commission according to the procedures herein
established, the rent for the pad shall be fixed at the rental rate so established by the
Commission as of the date of the Commission's decision, unless the Commission shall
fIx a different date. However, except where the rent has been waived, or where
Overcharge Damages or Treble Damages are assessed by the Commission, the
Commission may not set the rent lower than the pre-existing rent or higher than the
amount contained in the Notice of Rent Increase in excess of CPI.
.
C. Unilateral Refusal to Pursue Arbitration. In the event that the tenant or
Owner fail or refuse in good faith to follow the procedure herein fixed for the
establishment of rent, which may include but not be limited to refusal to deposit funds
as required, refusal to attend noticed hearings, then the rent for the pad shall be fixed as
follows:
.
1. If the tenant has failed or refused in good faith to follow the
procedures herein fIxed for the establishment of rent, then the rent shall
be fixed at the rental rate contained in the Notice of Rent Increase in
Excess of CPI.
2. If the Owner has failed or refused in good faith to follow the
procedures herein fixed for the establishment of rent, then the rent shall
be fixed at original rental rate not increased by either the CPI or the
amount contained in the Notice of Rent Increase in Excess of CPI.
D. Waiver of Fixed Rent. Notwithstanding the aforementioned manner in which
the rent shall be fixed, a refusal ot failure,-accompanied with the knowingly improper
assertion that a greater rental is due by the Owner or his or her agent, to accept a rent
payment from a Resident in an amount which is equal to or greater than the rent fIxed
by Subsections A, B or C of this Section shall constitute a waiver by the Owner of the
.
August 13, 1993
Page 7
~ -I \
.JrIf'
right to collect said rent, in its entirety, for the rental period for which the rent was
refused, unless the tenant consents. in writinl!. to waive the protections of the Subsection."'"""
E. Waiver of Rent for Failure to Institute Legal Action. Notwithstanding the
aforementioned manner in which the rent shall be fIxed, a failure to institute legal action
within 90 days after a rental payment is due shall constitute a waiver by the Owner of
the right to collect said rent, in its entirety, for the rental period sooner than 90 days
prior to institution of action, unless the tenant consents. in writin~. to waive the
protections of this Subsection.
(Ord. _' ~1 (part) 1993)
Section 6. That Section 9.50.076 of the Chula Vista Municipal Code shall be
amended to read as follows:
9.50.076. Right to Mediate Mobilehome Resale Price.
A. In line with the purpose of this Chapter to maintain a supply of affordable
housing in the mobilehome market, it is the goal and objective of the City that an
outgoing Resident should not be able to command, due to limited Mobilehome Space
availability, a higher price for a Mobilehome upon sale due to the fact that the space rent
is regulated by the provisions of this Chapter. However, the Council fmds that the extent
and prevalence of overcharging for Mobilehomes is not so signifIcant a problem in Chula
Vista, and that it has little, if any, signifIcant effect on the supply of affordable housing ""'"
in the City of Chula Vista, to require Mobilehome resale price regulation by the City.
The Council feels that this is due, in part, to permiting CPI increases in rents without
review. However, on a case-by-case basis, there may be isolated occurances of
overcharging for Mobilehomes due to space rent regulation, and in such event, any
abuses can be adequately addressed by the mediation offered by this section. The
Council further fmds that if, after time, it appears that the mediation process offered by
this Section is inadequate to address the problem, it may reconsider more stringent
control over Mobilehome overcharging.
B. The Park Owner shall post the followinl! notice in a llrominent place. in the
on-site offIce:
NOTICE OF TItE RIGHT TO MEDIATE THE
PURCHASE PRICE OF MOBILEHOME
In addition to the ril!ht to arbitrate an increase in sl'ace rent above the
August 13, 1993
Page 8
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applicable CPI. a potential purchaser of a mobilehome has the ri~ht to
mediate the purchase price of a mobilehome. if you contend that the
purchase price is hi~her because of !\pace rent rel!:ulation. then the purchase
price mi~ht ordinarv be without soace rent rel!:ulation.
. .
In order to submit the ourchase price di!\pute. based solely on the I!:rounds
than the j)urchase price is more than would ordinarily be without soace
rent rel!:ulation. between yourself and your potential seller to the Chula
Vista Mobilehome Rent Review Commission for non-bindini mediation
your must:
.h Extend an offer to purchase the mobilehome. but not
execute an aireement to ourchase:
l.. Sii!n and file with the Community Develo.pment
Director the form reauestinl!: mediation prior to
executin~ a ourchase afl:reement: and.
:i.. Participate in the mediation orocess provided bv the
Mobilehome Rent Review Commission.
.
B,C. If, prior to executing a Mobilehome purchase agreement, the incoming
Resident contends that the price at which the Mobilehome is offered by the outgoing
Resident is higher because of space rent regulation than the price of the Mobilehome
without space rent regulation, the incoming Resident has the right, upon tender to the
seller of an offer to purchase the Mobilehome at a price acceptable to the incoming
Resident, to submit the price dispute to the Mobilehome Rent Review Commission for
mediation.
e n. Upon submittal of the price dispute to the Mobilehome Rent Review
Commission by the incoming Resident, the Commission shall convene as soon as possible
to hear the dispute, not sooner than 10 days notice to the buyer and seller of the time and
place at which the mediation shall occur. If the Seller fails to appear, the Commission
should hear the complaint and evidence of the incoming resident for the purpose of
creating a record of such abuses, ifany. However, the Commission shall have no power
to set the resale price of a Mobilehome with or without the presence of the parties. If
the parties fail to mediate, or fail to agree in mediation, the offer.to purchase shall be
deemed revoked.
. 1- ~
D. The purpose of the mediation, and the sole jurisdiction of the Commission in
the mediation, is to get the parties to agree, if possible, to a price which reflects the
value of the Mobilehome as if the space rents in the park were not regulated by this
.
August 13, 1993
Page 9
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Chapter.
""""
(Ord. . ~ 1 (part) 1993)
Section 7. That Section 9.50.078 of the Chula Vista Municipal Code be amended
to read:
9.50.Q78. Criminal Acts
The following acts shall constitute a criminal violation of this Chapter, including
the Owner of a Park if done by an Owner's agent with the knowledge or consent of the
Owner:
A. Knowingly demanding, accepting or retaining any rent in excess of the
amount fixed by this Chapter, including the demanding of rent waived under the
provisions of Subsection C of Section 9.50.075, ex~t that demands for annual
increases in rent and ne~otiations for rent permitted under 9.50.067 B shali not
be deemed ille2al.
B. Knowingly commencing, or threatening to commence, or maintaining an
eviction or unlawful detainer proceeding against a Resident for the failure to pay
a rent in excess of the amount fIXed by this Chapter.
(Ord. _, ~1 (part) 1993)
""""
presred bYS
~ J~/
Chris Salomone
Community Development Director
by:J
Bruce M. Boogaard
City Attorney
" ? #<
August 13, 1993
Page 10
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e
ORDINANCE NO. .tr ""
. \~
AN ORDINANCE OF THE CITY COUNCIL OF J
CITY OF CHULA VISTA ADDING SECTIO~~8
AND AMENDING V ARIOUS SECT~O ~ E'HAPTER
9.50 OF THE CHULA VISTA IPAL CODE
REGARDING THE SPAC~~ CHARGED IN
MOBILEHOME PARKS. <::>~
THE CITY COUNCIL OF THE CITY OF CHULA VISTA DOES HEREBY ORDAIN
AS FOLLOWS:
Section 1. That Section 9.50.065 of the Chula Vista Municipal Code shall be
amended to read:
9.50.065
Notice of rent increase without change of ownership.
A.
In any situation where a mobilehome park owner wishes to increase the space rent
to an existing Resident above the applicable CPI, he or she must first give notice
to affected residents, at the same time the sixty (60) day notice required by Civil
Code Section 798.30 is given, as follows:
e
NOTICE - RENT INCREASE IN EXCESS OF CPI
IF YOU. DO NOT TAKE ACTION TO ARBITRATE WITHIN THIRTY DAYS,
THIS INCREASE SHALL BE AUTOMATICALLY EFFECTIVE
This is a notice of space rent increase which exceeds the percentage increase of
the Consumer Price Index (CPI) for the most recent twelve (12) month period,
as reported by the Bureau of Labor Statistics, preceding this notice. The CPI is
_% and this increase is _% of your current rent. Under the City's Municipal
Code, you are entitled to the following rights:
1. I am required to hold a meeting with the residents to discuss the reasons
for the increase. The qteeting will be at (time and place). You are
encouraged to attend but are not required to do so. Under the City's
ordinance, owners ;fud residlints are encouraged to attempt to resolve
differences regarding this increase.
2.
You have the right to file for arbitration with the City's Community
Development Department. You may file for arbitration whether or not
you attend the meeting to discuss the increase. To file for arbitration, you
must place a deposit of $_ with the City's Community Development
Department within thirty (30) days of the date this notice is served on
/S1' IC"EAb/l'v'G ;k)lrlf REU9T6()
l'r7jJ.t"~S SMAI/IIc!J 8/.5?4/9.3
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you. If you do not place the deposit, you forfeit your right to arbitrate the
rent increase. .....-."
If you or other affected residents are lower-income (below
$13,000-$15,000 per year), you may be eligible to receive assistance with
part of the cost of arbitration from the City's Community Development
Department. If you have questions regarding arbitration need more
information, you can call the City at 691-5047.
able pass-throughs:
provement or other
This increase is in addition to the following all
[identify type and ;amount of major capitol
allowable pass-through]
The following space numbers are subject to
of affected spaces].
increase: [insert numbers
B. If the residents within the affected mob" ome park have established a
representative body and notify the owner in iting of its existence, a copy of the
rent increase notice must be sent to the c erson of that body.
C. A copy of the rent increase notice r to the
Community Development Departme of the City of Chula. Vista, 276 Fourth
Avenue. Chula Vista. CA 91910. the same time as issuance of the notice to
residents.
~
D. The rent increase notice must c ntain the space numbers of all residents who are
subject to the increase which above the amount of the applicable CPI.
E. The notice shall advise rec" ients that a deposit of 25 % of the cost of arbitration
shall be made within thi (30) days of the date of service of notice or the right
to arbitration is waive. The deposit shall be made with the Director of
Community Developm t.
(Ord. _' ~1 (part) 1993' Ord. 2451 ~6, 1991; Ord. 2306 ~1 (part), 1989.
.50.067 of the Chula Vista Municipal Code shall be amended
Section 2.
to read:
9.50.067 Notice of r nt increase won "chm;ge of ownership.
The review rocess shall also be applicable to the situation where space rent is
increased ove the applicable CPI upon change of ownership of the mobilehome
or remov of the unit. Either the incoming or outgoing owner-occupant shall
August 13, 1993
Page 2
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Cc.-(.
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e
y .:
PR60F OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of San Diego:
I am a citizen of the United States and a
resident of the County aforesaid; I am OVer
the age of eighteen years, and not a party to
or interested in the above-entitled mattar. I
am the principal clerk of the printer of the
CHULA VISTA STAR-NEWS, a newspaper of
general circulation, printed and published
TWICE-WEEKLY in the City of Chula Vista,
and the South Bay Judicial District, County of
San Diego, State of California, under the date
of Aug. 8, 1932, Case Number 71752; that the
notice, of which the annexed is a printed copy
(set in type not smaller than nonpareil), has
been published in each regular and entire
issue of said newspaper and not in any sup-
plement thereof on the following dates, to-wit:
Proof of Publication of:
9/11
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all in the year 19...9.~.....
I certify (or declare) under penalty of perjury that
the foregoing is true and correct.
Dated at
Chula Vista
California, this ...1..1........ day of...?(:.P.~.............
19....9.~............................
If;;;g
Principal Clerk ~
6 -o'l
COUNCIL AGENDA STATEMENT
REVIEWED BY:
Item-2-
Meeting Date 9/7/93
Ordinance .l..5'~ ') Amending Schedule X, Section 10.48.050 of
the Chula Vista Municipal Code - Decreasing State Law Maximum Speed
Limits in Certain Areas - Main Street, Otay Lakes Road, Otay Valley
Road, Quintard Street, and Wueste Road
Director of Public Works r
City Manager 1&, I (4/5ths Vote: Yes_NoX)
ITEM TITLE:
SUBMITTED BY:
Staff established Trial Traffic speed limits on: Main Street, Otay Lakes Road, Otay Valley Road,
Quintard Street and Wueste Road. These Trial Traffic Regulations have been in place a
minimum of 8 months and, in accordance with the City Code, should be made permanent if they
are to remain in effect.
RECOMMENDATION: That the City Council place the subject ordinance on first reading.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission on July 8,1993
voted 6-0-1 (Koester absent) to concur with staff and recommend to the City Council to affirm
these Trial Traffic Regulations and place an Ordinance making them permanent.
DISCUSSION:
Staff has conducted a Traffic Study for the subject locations in accordance with provisions in the
California Vehicle Code. The study consisted of an analysis of speed patterns, roadway
characteristics, traffic volumes and accident history. Based on these analyses and in the interest
of minimizing traffic hazards and congestion and for the purpose of the promotion of public
safety, the City Engineer is recommending that the subject locations be posted as shown in the
following table. The Trial Traffic Regulations (TTR) listed below have been in place for a
minimum of 8 months:
Proposed
TTR# Name of Street Beginning At Ending At Speed Limit
112 Main Street 1-5 Freeway Olay Valley Road 40 mph
112 Otay Valley Road Main Street I-80S Freeway 40 mph
116 Wueste Road Olay Lakes Road Southerly City Limits 35 mph
117 Otay Lakes Road Lane Avenue W ueste Road 50 mph
119 Quintard Street Hilltop Drive Orange Avenue 30 mph
7"/
Page 2, Item 7
Meeting Date 9/7/93
TTR-112
Main Street from 1-5 Freeway to Otay Valley Road, and Otay Valley Road from Main Street to
1-805 Freeway is a four-lane major roadway and was previously posted 45 mph. This roadway
is fronted by businesses and residences. An Engineering Traffic Survey shows the 85th
percentile speeds to be 39, 41 43 and 43 mph. The roadway geometries and prevailing 85th
percentile speeds, make it necessary to reduce the speed limit to 40 mph.
TTR-116
Wueste Road from Otay Lakes Road to the southerly City limits is a two lane, curvilinear road
with several curves with a design speed of 25 mph. The curvilinear nature of the roadway
combined with the 85th percentile speed of 44 mph in the southbound direction and 46 mph in
the northbound direction on the straight portions of Wueste Road and the 25 mph advisory speed
limit on some of the curves give the basis for posting the speed limit at 35 mph.
TTR-117
Otay Lakes Road from Lane Avenue to Wueste Road is a six-lane major roadway which drops
to a two-lane rural roadway east of Hunte Parkway. The Engineering Traffic Study shows an
85th percentile speed of 53 mph. This speed survey combined with the roadway characteristics
justifies the posting of 50 mph for this roadway segment.
TTR-119
Quintard Street from Hilltop Drive to Orange A venue is a two-lane residential street which is
fronted by two secondary education facilities. Traffic studies were conducted which showed 85th
percentile speeds of 33 and 34 mph. These studies combined with a design speed of less than
35 mph and the presence of schools in the area justify a posted speed limit of 30 mph.
Conclusion
Based on the aforementioned studies, it is staff and Safety Commission's recommendation that
the City Council adopt an ordinance establishing speed limits on: Main Street, Otay Valley
Road, Wueste Road, Otay Lakes Road, and Quintard Street as shown on the table above.
FISCAL IMPACT: Not applicable.
Attachments: 5 Area Plats
5 Engineering Traffic Surveys
Excerpt Safety Commission Minutes Dated 7/8/83
File: CY -027
WPC F:\HOME'ENGINEER\AGENDA\1144.93
7"'J..
ORDINANCE NO. ~J, '1
AN ORDINANCE AMENDING SCHEDULE X, SECTION
10.48.050 OF THE CHULA VISTA MUNICIPAL CODE -
DECREASING STATE LAW MAXIMUM SPEED LIMITS IN
CERTAIN AREAS - MAIN STREET, OTAY LAKES ROAD,
OTAY VALLEY ROAD, QUINTARD STREET AND WOESTE
ROAD
WHEREAS, the Traffic Engineer performed Traffic and
Engineering Surveys on Main Street, otay Lakes Road, Otay Valley
Road, Quintard Street and Wueste Road as required by state law; and
WHEREAS, staff established Trial Traffic Regulations on
said streets which have now been in place for 8 months and, in
accordance with the city Code, should be made permanent if they are
to remain in effect; and
WHEREAS, the Safety Commission, at its July 8, 1993
meeting, voted 6-0-1 to concur with staff and recommend to the city
Council to affirm these Trial Traffic Regulations and adopt an
Ordinance making them permanent.
NOW, THEREFORE, the City Council of the City of Chula
vista does ordain as follows:
SECTION I: That Schedule X of section 10.48.050 of the
Chula vista Municipal Code, Decreasing State Law Maximum Speed
Limits in certain Areas, is hereby amended to include the following
changes on Main Street, Otay Lakes Road, Otay Valley Road, Quintard
Street and Wueste Road as follows:
SCHEDULE X -
DECREASING STATE LAW MAXIMUM SPEED LIMITS IN
CERTAIN AREAS
l)eclared Prima
Name or Street Beginning At Ending At Facie Speed Limit
Main Street 1-5 Freeway Otay Valley 40 mph
Road
Otay Valley Main Street 1-805 40 mph
Road Freeway
Wueste Road Otay Lakea Road Southerly 35 mph
City Limits
Otay Lokea Lane Avenue Wueste Road 50 mph
Road
Quinlald Street Hilltop Drive Orange 30 mph
Avenue
7'3
SECTION II: This ordinance shall take effect and be in full force on the thirtieth
day from and after its adoption.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~*
Bruce M. Boogaard, C ty
Attorney
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SPEED LIMIT--ENGINEERINGITRAFFIC SURVEY:
STREET:
LIMITS:
Main St.reet
Industrial Blvd. - Otay Valley Road
Existing Posted Speed Limit 40
MPH sign<< posted on 7/17/92
Broadway Fourth Ave. Albany Ave.
to Fourth Ave. to Albany Ave. to Otay Valley
1/2093 1/21/93 1/22/93
100 100 100
41 43 43
23-50 22-49 24-55
SUMMARY OF SPEED SURVEYS
Industrial Blvd
to Broadway
Segment:
Date Taken:
No Vehicles on Sample:
85th Percentile Speed:
Range of Speeds Recorded:
1/20/93
100
39
24-47
ROADWAY CHARACTERISTICS
Width
64 - 82
feet No. of Lanes for Both Directions
4
Horizontal Alignment Tangent
Vertical Alignment +4.89% to 4.52% over 1,000 I V. C. east of Sycamore Dr. design speed
TRAFFIC CHARACTERISTICS 47 MPH
Average Daily Traffic
On-Street Parking
19,860 - 22,310
Generallv restricted.
Special Conditions Mostly commercial and industrial. Most segments of Main Street
have unimproved shoulders (missing curb, gutter and sidewalks).
Accident History Accident rate (2.58 accidents per million-vehic1e-mile) :ls lower than
the average accident rate (3.99) for similar roadways in the State of California.
SURVEY RESULTS
Study was Prepared by
Francisco X. Rivera
Date
02 -- 18 -- 93
Recommendation Retain 40 MPH speed limit which was established via a trial traffic
re ulation on June 30 1992. -~
Date Recommendation Approved: 0 ~ -- J"f -- "'/3
By ?- ~<4<' c ><. ~.tVtD-
Approved Speed Limit 40 MPH
Per evc 40803, Survey Expires 01 70 'lR
[C:\WP51\TRAFFIC.FRM]
7--/11
.
SPEED LIMIT
ENGINEERING/TRAFFIC SURVEY
STREET: Otay Valley Road
Existing Posted Speed Limit 45
LIMITS: 1.805 NO Ramps to Oleander Avenue
MPH
SUMMARY OF SPEED SURVEYS
Segment
Date Taken
No. Vehicles on Sample
85th Percentile Speed
Range of Speeds Recorded
~805 NB Ramps to Oleander Avenue
11/1/91
100
45 MP H
29-50 r1PH
ROADWAY CHARACTERISTICS
Width 43-64 ft. No. of Lanes for Both Directions *
Hori zonta 1 A 1i gnment ta noe nt
Vertical Align~ent less than 2% orade
*2WB & 2EB, east of 1-805 NB ramps 2WB & IEB.
TRAFFIC CHARACTERISTICS
Average Daily Traffic 23,660
On-Street Parking Restricted
Special Conditions Road transitions from 2 lanes to 1 lane EB traffic only,
east of 1-805 NB ramps, mostly all commercial.
Accident The accident rate at this seament ~ dccident~ per milli"" vphiclp_
miles) is ~r~~~i~than the averaoe accident ratp (3 qq) for ~imilnr rn~rlwnY~ in
the State of California.
SURVEY RESULTS
Study was Prepared by John Montes de Dca
Recommendation Retain 45 r1PH speed limit
Date 11-01-91
?--/ J
Date Recolll!lendation Approved:03 -17 -93 By
Per CVC 40803, Survey Expires 11-01-96
WPC 2269E/Revised 8-4-89
SPEED LIMIT--ENGINEERING/TRAFFIC SURVEY:
I
,
STREET:
Wueste Road
~S: Otav Lakes Road south to Citv limits
Existing Posted Speed Limit Unposted MPH
s..UMMARY OF SPEED SURVEYS
Segment: Otay Lakes"' Road south to City limits (approx. 2.77 miles)
Date Taken: 6/24/92
No Vehicles on Sample: 850 vehicles
85th Percentile Speed: 44 MPH (SB) 46 MPH (NB)
Range of Speeds Recorded: 23-45+ MPH
ROADWAY ClIA,M(:TERISTICS
Width
:t 30
feet No. of Lanes for Both Directions
2
Horizontal Alignment
Vertical Alignment
Tl!AFFIC CHARACT.ERISTICS
R min. = 200' (design speed 25 MPH)
+
M~vimllm - 5% grade
Average Daily Tramc 850
On-Street Parking Not allowed.
Special Conditions Missing street imurovements such as curb. I?Utt2T" _ ~i npw;:J 1 k~_
no street lights, and narrow graded shoulder.
Accident History
The accident rate at this segment (2.33 accidents ner million
vehicle miles) is higher than the average rate (1.42) for similar roadwavs
in the State of California.
SURVEY RESllLTS
Study was Prepared by
John Montes de Oca
Date
6 _ 29 -- 92
Recommendation
Establish the seed limit at 35 MPH
[C:\WP51\TRAFFIC.FRM]
97
?-/,)..
Date Recomme~dation A~prov,rl: 0 7 ;):J--..-9~
By~~ X'&-v~
Approved Speed Limit 35 MPH
Per eve 40803, Survey Expires 6 -- 24 -
.
SPEED LIMIT--ENGINEERlNG/TRAFFIC SURVEY:
I
STREET:
LIMITS:
Otay Lakes Road
Hunte Parkway to easterly City limits (Wueste Road)
Existing Posted Speed Untit "npo~t..rl MPH
SUMMARY OF SPEED SURVEYS
Segment:
Date Taken:
No Vehicles on Sample:
85th Percentile Speed:
Range of Speeds Recorded:
Hunte Parkway to Wueste Road
8/12/92
100
54 MPH
38 - 59 MPH
ROADWAY CHARACTERISTICS
Width
Horizontal Alignment
Vertical Alignment
24' - 32'
2
feet No. of Lanes for Both Directions
Curvilinear
Rmin=2000'
TRAFFIC CHARACTERISTICS
-6% to -4% over 200' V.C. (design speed 50 MPH)
Average Daily Traffic
On-Street Parking
2.530
not allowed
Special Conditions
No street improvements such as curb, sidewalk, or street
lights. Roadway transitions from City limits to rural at Wueste Road.
Accident History
The accident rate at this segment (2.48 accidents per million
vehicle miles) is equivalent to the average rate (2.48) for similar roadways in the
State of California.
5URV11Y RESULTS
Date
8 _ 12
92
Recommendation
Study was Prepared by John Montes de Oca
Establish 50 MPH seed limit due
Date Recommendation Approved: 0 8 -- /3 -- or.;l
By --::J;.~~.c X P.fl.I"l.-o-
Approved Speed Limit 50, MPH
Per evc 40803, Survey Expires 8 -- 12 -- 97
\
[C:\WP51\TRAFFIC.FRM]
characteristics.
Revised 8-18-92
/-13
SPEED LIMIT--ENGINEERINGITRAFFIC SURVEY:
l .
STREET:
Quintard Street
~S: Orange Avenue to Hilltop Drive
Existing Posted Speed Limit UnDosted MPH
SJlJfMARY OF SPEED SURVEYS
Segment:
Date Taken:
No Vehicles on Sample:
85th Percentile Speed:
Range of Speeds Recorded:
ROA.QWAY CHAR.r4CTERISTICS
Oran2e Ave.-Third Ave. Third Ave.-First Ave. First Ave.-Hil
.8/17/92 8/17/92 8/17/92
100 100 100
33 MFH 30 MPH 34 MPH
22-~Q MPH 20-35 MPH 21-40 MPH
lto
Width
40' - 52'
feet No. of Lanes for Both Directions
2
Horizontal Alignment Tangent exceDt for a curve on Quintard St. to OranRe Ave.
Vertical Alignment +7% to 9.5% over 120' V.C. (desiRn sDeed 25 MFH)
TRAFFIC CHARACTERISTICS
Average Daily Traffic 5150
On-Street Parking Allowed in most areas.
Special Conditions Castle Park HiRh School at intersection of Hilltop Drive and
Ouintard Street. Castle Park Junior is at the north east corner of Quintard St.
and Second Avenue.
Accident History The accident rate at this segment (6.70 accidents per million
vehicle miles) is hiRher than average rate (2.48) for similar roadways for the
State of California.
S.URVEY /J..ESULTS
Study was Prepared by John Montes de Oca Date 8 _ 17 92
Recommendation Establish 30 MPH seed limit, exce t in vicinity of schools
25 MPH seed limit.
Date Recommendation Approved: 0 9 o~__ 9i9-
By "?-~ X. /2~.vu:>.-
Approved Speed Limit 30 MPH
Per evc 40803, Survey Expires 8 -- 17 -- 97
[C:\WP51\TRAFFlC.FRM]
7"/,1
Safety Commission Minutes
July 8, 1993
Page 5
8. REPORT affirming various Trial Traffic Regulations
Frank Rivera presented staff's report.
Earl Biggers, 677 G Street, Space 26, Chula Vista, CA 91910 supported staff's recommendation regarding the
trial traffic regulation on the north side of the 600 block of G Street.
MSC (Thomas/Pitts) to recommend to the City Council affirm the Trial Traffic Regulations listed below and
make them permanent. Approved 6-0-1 with Commissioner Koester absent.
TIR# LOCATION SCHEDULE REGULATION
111 Point Robinhood Schedule III No Parking Anytime
112 Main Street/Otay Valley Road Schedule X 40 MPH
114 N. Fourth Ave. (West Side) Schedule V No Stopping
SR-54 to "e" Street
115 Third Avenue (East Side) "H" Schedule VI 2 Hour Parking
Street to "I" Street
116 Wueste Road, Otay lakes Schedule X 35 MPH
Road to SCL
117 Olay lakes Road, lane Ave- Schedule X 50 MPH
nue to Wueste Road
118 Second Avenue and "e" Schedule II All-way
Street
119 Quintard Street, Hilltop Drive Schedule X 30 MPH
to Orange Avenue
123 600 block "G" Street (North No Parking of Vehicles over 6 ft. in height
side)
9. ORAL COMMUNICATIONS
Saul Goldstein, 976 Barrett Avenue, Chula Vista, CA 91911, spoke for the disabled, He complimented the
City on installing sidewalk curb ramps for wheelchairs. His main concern was handicapped parking and
making the spaces legal. There were many handicapped parking spaces, but some of them were not legal
according to the lelter of the law. In order to make the parking space legal, it needed to have the handicap
logo, sign, and striping. If one, or any, of those items were missing, the ticket could be dismissed in court,
He said that many shopping centers did not have adequate handicapped parking, Beside illegal parking, the
City could use revenue generated from tickets being issued to violators. On another subject, he said that there
was a stop sign on Nacion Avenue, north of Telegraph Canyon Road and that was difficult to see and he
wanted to make staff aware of the situation.
Chair Thomas asked staff to address the legal issue of handicapped parking.
Hal Rosenberg said there were standards for handicapped spaces. He welcomed any comments from Mr.
Goldstein on locations within the City of Chula Vista that he felt the parking spaces were not properly marked.
He would be in touch with the Code Enforcement section of Building and Housing to inspect the spaces. Staff
would be in touch with Mr. Goldstein and report any findings back to the Commission.
7../5'
UNOFFICIAL 'MINUTES
--1
COUNCIL AGENDA STATEMENT
Item If'
Mccting Date ..!/!I.f3
ITEM TITLE:
Resolution /'1:z:a if Agreement (Addendum #10) Between the City of
Chula Vista, JHK & Associates and Baldwin Vista, Ltd.
VIA: General Manager, Otay Ranch Project
SUBMITTED BY: Deputy City Manager Krempl 6\1/
REVIEWED BY: City Manager
(4/5th Votc: Yes_ No.-X..-)
This is an addendum to a contract on Otay Ranch between the City and JHK & Associates and is
needed to continue certain traffic analyses in conjunction with the Olay Ranch project. As you
are aware the City of Chula Vista is the agency designated to approve consulting contracts for the
Otay Ranch Project. JHK & Associates has continued to provide transportation consulting
services on the project. JHK & Associates also has extensive experience on projects in the City
and subregion and was originally selected to provide technical input when this project first
commenced in August, 1989. The contract approved in May 1993 was anticipated to be the final
one; however, do to extensive transportation issues raised at the public hearings and the
continuation of hearings into the summer and fall, further amendment is now required. The
agreement has the concurrence of the Applicant, City of Chula Vista staff and County of San
Diego staff.
RECOMMENDATION
Approve Agreement with JHK & Associates including the attached scope-of-work and authorize
the Mayor to sign the attached Agreement for a 3 112 month period and for an amount not to
exceed $21,463.00.
BOARDS/COMMISSION RECOMMENDATION Not applicable
BACKGROUND AND DISCUSSION
Contracts for consulting on the Otay Ranch Project are processed through the City of Chula
Vista. Following is the scope-of-work for JHK & Associates. This has been agreed to by the
consultants, applicant, the City of Chula Vista and staff of the County of San Diego. The
original scope-of-work and initial addenda were provided as a subcontract to RBF & Associates,
the planning consultant on the project. In May of 1993, the City Council approved the Ninth
Addendum as an agreement solely with JHK & Associates. This agreement represents the Tenth
Addendum and is programmed to complete work beginning Augnst 1. 1993 and ending
November 30, 1993.
8"'/
This Agreement scope-of-work includes the following:
Task 1 .
Task 2 .
Task 3 .
Respond to Directives Received from the Otay Ranch General Manger.
JHK & Associates will respond to directives and prepare technical analyses at the
request of the Project Team through the Otay Ranch General Manager. Subtasks
will include the following assignments:
. ReviewlRevise FPEIR Mitigation Measures and Findings (20 hrs.)
. Assit in Developing Memo (By Ogden) "Tranist Densities" (8 hrs.)
.
Respond to Valle de Oro Community Planning Group
Comments/Prepare Memos &Graphics
(40 hrs.)
. Address Other Issues Resulting From EIR/Project Review (30 hrs.)
Task 1 . Total Staff Time
98 Hours
Prepare for and Attend Project Related Workshops and Hearings (4).
JHK & Associates will prepare for and attend up to 4 Project Related Workshops
and Hearings (at 6 hours each). The focus of these meetings will be to assist in the
final review and approval process of the Otay Ranch EIR and to discuss critical
issues.
Task 2. Total Staff Time
36 Hours
Project Coordination Meetings
The budget for this phase of the Otay Ranch Planning effort includes staff hours to
allow JHK representation at project coordination meetings to be held at the
direction of the Otay Ranch General Manager over the three month project
schedule. These coordination meetings will be held with representatives of the
Project Team, City/County staff, Technical Subcommittees, and/or local Planning
Groups. It is anticapted that JHK & Associates staff will attend meetings relating to
the topics described in Task 1 at a minimum.
Period
Hours
August 1993
September 1993
October 1993
November 1993
Task 3. Total Staff Time
40
30
30
20
120 Hours
The additional compensation to be paid to JHK & Associates for this work is not to exceed
$21,463.00. Attachment #1 provides a cumulative analysis of the total contract, including
previous amendments.
~';1..
During Fiscal Year 1990-91, JHK & Associates received $48,558.46 in fees for technical
assistance to the Project Team as approved in the Original Contract and subsequent contract
addenda. During Fiscal Year 1991-92, JHK & Associates received $50,750.00 in fees for
technical assistance to the Project Team as approved in subsequent contract addenda. During
this current Fiscal Year 1992-93, JHK & Associates has received $43,155.00 as approved in
subsequent contract addenda.
FISCAL IMPACT
There will be no fiscal impact to the City of Chula Vista because Baldwin Vista, Ltd. will be
funding the above-stated scope-of-work.
Attachment
8246bc-4113/93
Cj~ ;J
Attachment #1
PROJECT SUMMARY
OT A Y RANCH TRANSPORT A nON REVIEW PROJECT
JHK & ASSOCIATES - AUGUST 4,1993
Estimated Percent Budget
Work Phase Effective Dates Description Budget Complete Expended
Original Contract 10/89 - 4/90 Review of Original $43,000.00 100% $43,000.00
Baldwin Plan
Addendum No.1 5/90 - 6/90 Continued Coordination $7,580.86 100% $7,580.00
of Transportation
Subcommittee
Addendum No.2 5/90 - 7/90 Project Team 12,271.60 100% $12,271.60
Alternative
Addendum No.3 8/90 - 12/90 Develop Phase I Prog. $11,035.00 100% $11,035.00
Plan/Coordinate
Transportation
Subcommittee
Addendum No.4 8/90 - 3/91 Review Phase I Prog. $8,960.00 100% $8,960.00
Plan/Coordinate
Transportation
Subcommittee
Addendum No.5 4/91 - 12/91 Provide Technical $29,680.00 100% $29,680.00
Assist. to Project Team
Addendum No.6 1192 - 6/92 Provide Technical $39,200.00 100% $39,200.00
Assist. to Project Team
Addendum No.7 10/92 - 12/92 Provide Technical $12,075.00 100% $12,075.00
Assist. to Project Team
Addendum No.8 1193 - 4/93 Provide Technical $15,000.00 100% $15,000.00
Assist. to Project Team
Addendum No.9 4/93 - 5/93 Provide Technical $8.500.00 100% $8.500.00
Assist. to Project Team
TOTAL PROJECT BUDGET APPROVED TO DATE $187,302.46 $187,302.46
8246bc-4113193
8"1(
RESOLUTION NO.
I?~ 3'1_
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING AGREEMENT (ADDENDUM #10)
WITH JHK & ASSOCIATES, INC. FOR TRANSPORTATION
PLANNING ON THE OTAY RANCH AND AUTHORIZING THE
MAYOR TO EXECUTE SAME
WHEREAS, the City of Chula vista is the agency designated
to approve consulting contracts for the Otay Ranch Project; and
WHEREAS, JHK & Associates has continued to provide
transportation consulting services on the Project and the Addendum
#10 provides a revised scope-of-work.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve Agreement (Addendum
#10) with JHK & Associates, Inc. for Transportation Planning on the
otay Ranch, a copy of which is on file in the office of the city
Clerk.
BE
Chula vista
Addendum #10
IT FURTHER RESOLVED that the Mayor of the City of
is hereby authorized and directed to execute said
for and on behalf of the City of Chula vista.
Presented by
Approved as to form by
George Krempl, Deputy City
Manager
~~
Bruce M. Boogaa d, ity
Attorney
C:\RS\JHK
'9'-.> / g ~h
AGREEMENT (ADDENDUM #10) WITH
JHK & ASSOCIATES, INC.
FOR
TRANSPORTATION PLANNING ON THE OT A Y RANCH
This Agreement is made this _ day of , 1993, for the purposes of
reference only, and effective as of the date last executed between the parties, between the City of
Chula Vista ("City") herein, a municipal corporation of the State of California, and JHK &
Associates, Inc., a professional California development consulting firm ("Consultant") and
Baldwin Vista, Ltd. ("Applicant"), and is made with reference to the following facts:
RECITALS
Whereas, the City of Chula Vista is interested in traffic consultant services to
assist in the planning of the Otay Ranch; and,
Whereas, JHK & Associates, Inc. has extensive experience with large master-
planned communities, the City of Chula Vista and the Otay Ranch; 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 in accordance with the terms and conditions of this Agreement; and,
NOW, THEREFORE, BE IT RESOLVED that the City and Consultant do hereby
mutuall y agree as follows;
1. Consultant's Duties
a. General Duties/Scope-of-Work
Consultant shall attend and respond to directives from the General Manager on
transportation-related matters, and attend such staff meetings, Joint Planning Commission
meetings and Joint Board of Supervisor/City Council meetings as may be requested by the
General Manager. In performing the services under this agreement, Consultant shall bill only for
the minimum skill level needed to perform the assignments in a reasonable and competent
manner.
b. Standard of Care
Consultant, in performing any Services under this agreement, whether Defined
Services or Additional Services, shall be performed in a manner consistent with that level of care
and skill ordinarily exercised by members of the profession currently practicing under similar
conditions and in similar locations.
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c. Insurance
Consultant represents that it and its agents, staff and consultants employed by it
are protected by worker's compensation insurance and the Consultant has the coverage under
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public liability and property damage insurance policies which this Agreement requires to be
demonstrated in the form of a certificate of insurance.
Consultant will provide, prior to the commencement of the services required
under this agreement the following certificates of insurance to the City prior to beginning work:
Statutory Worker's Compensation coverage plus $1,000,000 Employers liability
coverage.
General and Automobile Liability coverage to $1,000,000 combined single limit
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 to $250,000 unless Errors and Omissions
coverage is included in the General Liability policy.
All policies shall be issued by a carrier that has a Best's Rating of "A, Class V", or
better, or shall meet with the approval of the City's Risk Manager.
All policies shall provide that same may not be canceled without at least thirty
(30) days written notice to the City.
2. Duties of the City
a. Consultation and Cooperation
City shall regularly consult the Consultant for the purpose of reviewing the
progress of the economic analysis and to provide direction and guidance to accomplish the
analysis.
b. Compensation
The compensation to be paid by City to Consultant for all of the work required
herein shall be on a time and materials basis as set forth in the attached Exhibit "A", but in total
amount shall not to exceed $21,463.00, payable monthly not later than 60 days after receipt of a
properly documented billing. For said compensation, Consultant agrees to perform all of the
services, provide the analysis and deliver the Work Product herein required. Compensation for
the services performed shall be payable only from funds placed on deposit by Applicant, and
from no other asset or resource of the City, a special obligation which is not a burden upon, or
appropriation from, the General Fund of the City.
c. Reductions in Scope-of- Work
City may from time to time reduce the Scope-of-Work by the Consultant to be
performed under this Agreement. City and Consultant agree to meet in good faith and confer for
the purpose of negotiating a corresponding reduction in the Fee associated with said reduction.
d. Additional Scope-of-Work
In addition to perfonning the Defined Services herein set forth, City may require
Consultant to perform additional consulting services related to the General Duties and Scope-of-
Work ("Additional Services"), and upon doing so in writing, Consultant shall perform same on a
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time and materials basis at the rates set forth on Exhibit "A". All compensation for Additional
Services shall be paid monthly as billed.
3. Duties of Applicant
Applicant agrees to pay to City all costs of City incurred in the retention of Consultant
under this agreement no later than 15 days after same has been incurred by City
Applicant agrees to make monthly payments in the amount of the monthly compensation
required herein of City to make payments to Consultant.
Applicant agrees that any and all assets deposited with the City in trust for the purpose of
processing Applicant's various entitlement applications may be used to pay Consultant.
Applicant agrees that all security instruments given to City for the purpose of securing
other financial obligations of Applicant to City may also be used as security for the financial
obligation of Applicant under this Agreement.
4. Administration of Contract
The City hereby designates the General Manager of the Gtay Ranch, or his written
designee, as its representative for the review and administration of the work performed by
Consultant herein required.
5. Term
Consultant shall perform all of the Defined Services herein required of it by not later than
November 30, 1993, and shall attend and respond to directives from the General Manager on
transportation-related matters, and otherwise meet other reasonable deadlines assigned by the
General Manager, and be present at such meetings as directed by the General Manager.
6. Financial Interests of Consultant
Consultant warrants and represents that neither he, nor his immediate family members,
nor his 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, of ("Prohibited Interest") except as listed on an attachment.
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. 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 neither Consultant nor his immediate family members, nor his
employees or agents, shall 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.
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7. Hold Harmless
Consultant shall defend, indemnify and hold harmless the City, its elected and appointed
officers and employees, from and against all claims for damages, liability, cost and expense
(including without limitation attorneys' fees) arising out of the conduct of the Consultant, or any
agency or employee, subcontractors, or others in connection with the execution of the work
covered by this Agreement, except only for those claims arising from the sole negligence or sole
willful conduct of the city, its officers, or employees. 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 his/her
obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements
or stipulations of this Agreement, City shall have the right to terminate this Agreement by giving
written notice to Consultant of such termination and specifying the effective date thereof at least
five (5) days before the effective date of such termination. In that event, all finished or
unfinished documents, data, studies, surveys, drawings, maps, reports and other materials
prepared by Consultant shall, at the option of the City, become the property of the City, and
Consultant shall be entitled to receive just and equitable compensation for any work satisfactorily
completed on such documents an 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.
9. Errors and Omissions
In the event that the Deputy City Manager 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 in the
plans or contract specifications, Consultant shall reimburse City for the 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 for 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 herein above shall, at the option of the City,
become City's sole and exclusive property. If the Agreement is terminated by City as provided in
this paragraph, 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.
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11. 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 which City may unreasonable deny.
12. 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 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 of the 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 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, workers compensation
benefits, injury leave or other leave benefits.
14. Responsible Charge
Consultant hereby designates that Daniel Marum shall be Consultant's representative
("Project Manager") to the project for the duration of the project. No substitution for this
position shall be allowed without written approval from the City.
15. Administrative Claims Requirements and Procedures
No suit or arbitration shall be brought arising out of this agreement, against the City
unless a claim has fIrst been presented in writing and filed with the City of Chula Vista and acted
upon by the City of Chula Vista in accordance with the procedures set forth in Chapter 1.34 of
the Chula Vista Municipal Code, as same may 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 of resolving any dispute over the terms of this Agreement.
16. Attorney's Fees
Should that dispute result in litigation, it is agreed that the prevailing party shall be
entitled to recover all reasonable costs incurred in the defense of the claim, including costs and
attorney's fees.
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17. Statement of Costs
In the event that Consultant prepares a repon or document, or participates in the
preparation of a repon or document as a result of the scope-of-work required of Consultant,
Consultant shall include, or cause the inclusion, in said repon or document a statement of the
numbers and cost in dollar amounts of all contracts and subcontracts relating to the preparation
of the repon or document.
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SIGNATURE PAGE TO
AGREEMENT (ADDENDUM #10) WITH
JHK & ASSOCIATES, INC.
TRANSPORT A TION PLANNING ASSISTANCE ON OT A Y RANCH
IN WITNESS WHEREOF, City and Consultant have executed this Agreement
this _ day of , 1993.
CITY OF CHULA VlST A
JHK & ASSOCIATES, INC.
BY:
BY:
>IL:~~ ?/., ~7ff
Steven A. Smith
Vice President
Tim Nader, Mayor
City of Chula Vista
ATTEST:
BALDWIN VISTA, Ltd.
BY:
BY:
Gregory T. Smith
President
Beverly Authelet
City Clerk
APPROVED AS TO FORM:
BY:
Bruce M. Boogaard
City Attorney
Attachment
8246bc-4113193
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Exhibit A
Western Consulting Division
Category Rates. July 1, 1993 through June 30, 1994
Emnlovee Catevorv
T&M Rate
Senior Vice President
Associate Vice President
Senior Associate
Project Manager*
Sr. Engineer/Sr. Planner
Engineer/Planner II**
Engineer/planner 1*
Designer
Graphics
Drafter/CAD Operator
Secretarial
Traffic Technician / Analyst
Technician / Other Categories
$155.00
$117.50
$98.75
$107.00
$84.50
$70.50
$54.00
$58.75
$44.75
$44.75
$40.00
$35.25
$30.50
* "Project Manager" is a mix of Senior Engineers through Officers serving in a project
management role
** II is used for higher salary levels, I for lower.
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COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item q
Meeting Date 9fif93
Resolution 17,2, :1.$' Extending contract for one year for the City's
annual requirement of library books
SUBMITTED BY: Director of Finance It
REVIEWED BY: City Manager 1G , ~
(4/5ths Vote: Yes_No.1O
Resolution No. 16757, adopted August 18, 1992, approved the cooperative bid with the City of
San Diego for the City of Chula Vista's requirements for library books. The contract, which was
awarded to Baker & Taylor Company, included an option for one year extensions.
RECOMMENDATION: That Council extend the contract to cover the period July 1, 1993
through June 30, 1994.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The City of Chula Vista has participated on the City of San Diego bid for purchase of library
books since 1978. Because of the large number of books they purchase each year, the City of
San Diego is able to receive large discounts off the publisher's standard price. Through the
cooperative bid process, Chula Vista has benefitted in receiving the same discounts as the City
of San Diego.
The contract provides for the following discounts:
PERCENT OFF
DESCRIPTION PUBLISHER'S
STANDARD PRICE
1. Trade Books 45.2%
2. Technical & Textbooks 45.2% to 0%
3. Books of Trade Nature 45.2%
4. Single Binding Editions 41.0%
5. Mass Market Paperbacks 1 copy per title - 40%
2-4 copies per title - 41 %
5-9 copies per title - 42%
10+ copies per title - 43%
6. Publisher's Library Binding 17.1%
9-/
Page 2, Item
Meeting Date 9/7/93
1
The contract contains an option to renew for additional one year periods through June 30, 1997,
at the same discounts and conditions. San Diego and Chula Vista receive the largest discount
off of published book prices in San Diego County.
The recommendation for renewal is based on the large discount, integrity of Baker & Taylor in
fully applying these discounts, and the fact that Baker & Taylor has been reliable. prompt and
responsive. The Library Director concurs with this recommendation.
FISCAL IMPACT: $369,540 have been budgeted in the Library Department for FY 1993-94
book and reference material purchases. A majority of the purchases will be through Baker and
Taylor.
WPC F:\home\purchase\books
9"'.2.
RESOLUTION NO.
J7~:J.r
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA EXTENDING FOR ONE YEAR THE
CONTRACT FOR THE CITY'S ANNUAL REQUIREMENT OF
LIBRARY BOOKS
WHEREAS, Council Resolution No. 6132 authorizes the city
to participate in cooperative bids with the city of San Diego for
the purchase of materials or supplies of common usage; and
WHEREAS, Resolution No. 16757, adopted on August 18,
1992, approved the cooperative bid with the City of San Diego for
the city of Chula vista's requirements for library books; and
WHEREAS, the contract, which was awarded to Baker &
Taylor company, included an option for one year extensions; and
WHEREAS, the Director of Finance and Library Director
recommend renewing the contract based on the large discount
received, integrity of Baker & Taylor in fully applying these
discounts, and the fact that Baker & Taylor has been reliable,
prompt and responsive.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula vista does hereby extend the contract for the
city's annual requirement of library books and authorize the
purchasing Agent to acquire such library books through June 30,
1994, from Baker & Taylor through the City of San Diego bid as the
Library Director determines is necessary at the following
discounts:
DESCRIPTION
PERCENT OFF PUBLISHER'S
STANDARD PRICE
Trade Books
Technical and Textbooks
Books of Trade Nature
Single Binding Editions
Publisher's Library Binding
Mass Market Paperbacks
45.2%
45.2% to 0%
45.2%
41.0%
17.1%
1 copy per title-40%
2-4 copies per title-41%
5-9 copies per title-42%
10+ copies per title-43%
Presented by
Approved as to form by
Lyman Christopher, Director of
Finance
Bru~~ ~d,r: City
Attorney
9<J
COUNCIL AGENDA STATEMENT
Item
Meeting Date
10
09/07/93
ITEM TITLE:
17.23t.
Resolution adopting the Agreement for Auto-Aid Fire
Protection by and between the City of Chula vista
and the Rural Fire Protection District of San Diego
County
Interim FirevPtit.;_ ~
City Manager ((15th Vote: Yes
No .....lL-)
SUBMITTED BY:
REVIEWED BY:
The Rural Fire Protection District (the District) provides fire
protection services to the unincorporated areas of San Diego County
and portions of Chula vista's southern and eastern borders. These
areas (see Agreement Attachments 1 and 2) are largely undeveloped
grasslands that are subject to seasonal brush and grass fires.
This Agreement will strengthen service levels for both agencies for
these areas.
RECOMMENDATION: That the City Council approve the resolution
adopting the Agreement for Auto-Aid Fire Protection with the Rural
Fire Protection District.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Chula Vista Fire Department has experienced an increase in
wildland fires (brush/grass) within the City and areas adjacent
that pose a threat to City property. These increases are due to
six years of drought and the large amount of open grassland areas
recently annexed into the City, which now require protection not
previously provided. Chula Vista Fire Department has neither Type
3 (wildland) fire engines nor water tank trucks to adequately fight
wildland fires. The use of structure engines for wildland fires
causes extreme wear and tear and has resulted in damage to some of
our units.
In order to improve the level of fire protection service in these
open grasslands, the City and District developed the proposed Auto-
Aid (automatic) Agreement. This Agreement will also alleviate some
confusion that presently exists concerning receiving and
transferring 9-1-1 calls. Under the current computerized system
used by the phone company, reports of emergency incidents within
the City are sometimes transferred to the District's Dispatch
Center and vice versa; some emergency incidents within the District
area are transferred to the Chula Vista Dispatch Center based
solely on the jurisdictional location of the caller's telephone and
not on the location of the emergency.
JJ'...J
Page 2, Item
Meeting Date 09/07/93
J~
This Agreement would provide for the response of Type 3 fire
engines and water tank trucks from the Rural Fire District to
wildland fires within the City in exchange for Chula Vista Fire
units responding to District emergency incidents in close proximity
to the City. Both agencies would respond to all jurisdictional
borderline emergencies and would utilize common radio frequencies
and dispatch centers. Auto-aid recognizes no jurisdictional
boundary lines and the closest emergency unit will respond to an
incident, whereas Mutual Aid is utilized when an agency's capacity
has been exceeded and additional fire units are required. The
Agreement is intended to supplement the current county-wide Mutual
Aid Agreement.
Each party of this Agreement agrees that no reimbursement to
responding agencies shall be made, except for reimbursement for
firefighting supplies actually used, such as foam, light water, or
dry chemical agents. This Agreement also provides for six annual
joint training exercises/drills between the two agencies.
FISCAL IMPACT: Cost avoidance will be achieved by sharing
services, equipment, and staff. This Agreement will also provide
a higher level of service to both agencies.
/d'.L
RESOLUTION NO.
1?~3{'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE AGREEMENT FOR AUTO-
AID FIRE PROTECTION BY AND BETWEEN THE CITY OF
CHULA VISTA AND THE RURAL FIRE PROTECTION
DISTRICT OF SAN DIEGO COUNTY, AND AUTHORIZING
MAYOR TO EXECUTE SAME
WHEREAS, the Rural Fire Protection District provides fire
protection services to the unincorporated areas of San Diego
County and portions of Chula vista's southern and eastern borders;
and
WHEREAS, these areas are largely undeveloped grasslands
that are subject to seasonal brush and grass fires; and
WHEREAS, this agreement will strengthen service levels
for both agencies for these areas.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the city of Chula Vista does hereby approve the Agreement for Auto-
Aid Fire Protection by and between the city of Chula vista and the
Rural Fire Protection District of San Diego County, a copy of which
is on file in the office of the city Clerk.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said
agreement for and on behalf of the city of Chula vista.
Presented by
Approved as to form by
James B. Hardiman, Interim Fire
Chief
F:\home\attomey\Autoaid
11l-:1 / If) -If
AGREEMENT FOR AUTO-AID FIRE PRorECrION
An Agreement made and entered into this
day of 1993 by and between the
Rural Fire Protection District and the City of
Chula Vista.
W 1. T N E S S T H:
WHEREAS, Rural Fire District maintains and operates a Fire
Protection organization, and
WHEREAS, the City of Chula Vista maintains and operates a Fire
Protection organization which is adjacent or proximate to the area
protected by the Rural Protection District, and
WHEREAS, it is the desire of
automatic aid each to the other to
render emergency medical service
necessary as herein set forth, and
the parties hereto to render
combat the effect of fire and
assistance when such aid is
WHEREAS, the parties hereto desire to effect the purpose of
this agreement pursuant to the provisions of the "Joint Exercise of
Power Act" (Gov. Code Sec. 6500-6547),
NOW THEREFORE, the parties hereto mutually agree as follows:
1. To furnish fire protection personnel, equipment,
materials, and supplies and to render such fire
protection and emergency medical service to each other as
may be necessary to suppress fire and care for the sick
and injured.
2. Such auto-aid shall be provided to the City of Chula
Vista and to the Rural Fire District as per attached map
(At tachment 1) and Area of Joint Coverage (Attachment 2).
However, that neither party shall be required to deplete
its own fire protection resources, personnel, services
and faci Ii ties to the detriment of its normal fire
protection responsibilities.
3. No response to an auto-aid area provided for in this
agreement will be made by the parties hereto unless such
request is received through the established communication
channel common to each party.
4. That any auto-aid extended under this agreement is
extended with the express understanding that the
responsible local Fire Official (in whose jurisdiction an
incident requiring auto-aid has occurred) shall remain in
charge at such incident including the direction of that
/1)'5'
Agreement for Auto-Aid Fire Protection, Page 2
personnel and equipment provided him through the
operation of this auto-aid agreement.
5. That both Fire Agencies agree to conduct six (6) joint
training exercises/drills each year; three (3) within the
City of Chula Vista and three (3) within the Rural Fire
Protection District.
6. Except as may be provided by separate agreement between
the parties hereto, the assurance of auto-aid set forth
hererin shall constitute the sole consideration for the
performance hereto and neither party shall be obligated
to reimburse the other on account of any action taken or
aid rendered hereunder or for any use of material s,
damage to equipment or liability incurred which may occur
in the course of rendering the fire fighting or emergency
medical service assistance herein provided for.
7. This agreement shall remain in full force and effect from
the date hereinabove written unless sooner terminated by
either of the parties hereto giving to the other sixty
(60) days notice in wri ting of such terminati on. The
designated Chief from each Fire Agency shall review
yearly this agreement of auto-aid.
IN WITNESS WHEREOF, the parties hereto have caused this
agreement to be executed as of the day and year first hereinabove
written.
CITY OF CHULA VISTA
RURAL FIRE PROTECTION DISTRICT
By:
By:
District Fire Chief
Hayor
Attest:
Attest:
District Board Clerk
City Clerk
Approved as to form by:
Assistant City Attorney
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AREA OF JOINT COVERAGE
1. OTAY LAKES ROAD:
Area between Lane Avenue (2400 Block) and the San Diego Air
Sports Center (Glider Port) (13531 Otay Lakes Road/7 mile
marker)
2. WUESTE ROAD:
Area in its entirety (north and south) including the Olympic
Training Center, Boat Dock, County Park, and Dam.
3.
RANCHO JANAL DRIVE
Area in its entirety (north and south)
Avenue/Boswell Road to Proctor Valley Road.
from Lane
4. PROCTOR VALLEY ROAD:
Area between the 1 mile marker and the 5 mile marker.
5. OTAY VALLEY ROAD:
Area between Nirvana Avenue and Heritage Road (north).
6. OTAY MESA AREA:
(Structure protection only) Those areas within the Rural Fire
Protection District on Al ta Road, Otay Mesa Road, Harvest
Road, and Lonestar Road.
Attachment 2
/~..r
COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE: September 7. 1993
1/
ITEM TITLE:
Resolution /7-l37
maintenance agreements
the city of Chula vista
automation maintenance
Associates (DRA).
assigning all license and
currently in force between
and INLEX, Inc. for library
services to Data Research
SUBMITTED BY: Library Director~
""""WED BY, city Manager!1; ~ f ('I'th" Vote, ye"_ no-,\'
INLEX, Inc. of Monterey, California and the City of Chula vista
entered into a contractual agreement on August 28, 1990 for INLEX
to provide library automation services to the City (Attachment A) .
INLEX has been sold to another automation vendor, Data Research
Associates (DRA) and has requested that the City approve their
Request for Consent to Assignment and Assumption of Contracts
(Attachment B).
RECOMMENDATION:
That Council approve the resolution to assign all license and
maintenance agreements currently in force between the City of Chula
vista and INLEX, Inc. to Data Research Associates.
BOARDS AND COMMISSIONS RECOMMENDATION:
Not Applicable
DISCUSSION:
The INLEX system was selected for migrating from the former library
automation system primarily because of its ease of use for patron
introduction to the new on-line catalog and because of its very
good circulation transaction system. At the time of selection,
library automation vendor viability was a consideration. INLEX's
profile looked as stable as could be predicted in the market at the
time.
INLEX officials informed staff in March that the INLEX 3000 product
would be sold to Data Research Associates of st. Louis, Missouri.
within the last few weeks, INLEX has informed staff that contracts
for the sale finally have been signed. The sale, in effect, means
that INLEX will no longer own, operate or provide services for the
IJ~I
ITEM II,
MEETING DATE:
PAGE 2
9/7 /93
library's software. It is likely that INLEX, as a library
automation business entity will no longer exist. INLEX currently
provides a user license and software maintenance services to the
library for $12,900 during FY 93-94.
other library automation vendors, as well as many computer hardware
and software vendors, have been subject to sale, business failure
and obsolescence due to the nature of their products in an ever
changing market. Something new, better and faster is always on the
horizon, making sale of yesterday's products for profit a
formidable challenge after vendors have already sunk research and
development funds into these products.
The city has experienced such change among its library system
vendors on more than one occasion in the sale of Dataphases's ALIS
library automation system to OCLC, which subsequently sold the
product to Ameritech. In each case it has been very fortunate that
the vendors have not simply closed their doors and gone out of
business, but instead have affected sales to other viable vendors
who have been interested in maintaining the software products.
Data Research Associates (DRA) , is a library automation vendor that
holds a very large share of the library automation market.
Formerly, DRA focused on, and only showed interest in large library
systems. This was certainly the case during the time the city
contracted with INLEX for library automation service. However,
apparently as the number of large library systems available for
automation diminish, vendors like DRA need to seek other markets to
expand their client base.
DRA is doing some exciting things that make joining the DRA family
at this point in time, an attractive possibility.
. The company is a leader in the library automation market
share and has the appearance of stability.
. DRA provides dial out access from patron terminals to
large external databases of indexed and full text data,
including magazine articles.
. DRA is a leader in the research and development of the
Z39.5 standard which will promote standardization of
library information retrieval systems among library
automation vendors.
. DRA' s ATLAS product is the system used by the City of San
Diego and the County of San Diego libraries. An
opportunity may exist for those libraries and Chula vista
Public Library to explore accessing one another's systems
1/ ,.).
ITEM /1 , PAGE 3
MEETING DATE: 9/7/93
for better information delivery to our respective
patrons.
DRA has assured INLEX that the company plans to maintain the INLEX
3000 product. DRA also has assured INLEX staff that they will
continue support from the Monterey offices with current INLEX staff
for at least one year. After the initial year, it appears DRA
plans to offer support from st. Louis.
In order to continue receiving maintenance on the system after the
sale is finalized, the City has been requested by INLEX to approve
their Request For Consent To Assignment and Assumption of Contracts
for all license and maintenance agreements currently in force
between the City and INLEX, to the new owner of the software, Data
Research Associates. Maintenance on the product is permitted
solely by the proprietor of the software, DRA. It is crucial to
retain maintenance service in order to support public services and
technical services at the library.
FISCAL IMPACT:
There is no fiscal impact to the City of Chula vista. At the
present time, INLEX is seeking an assignment and assumption of
license and maintenance agreements currently in force to DRA. The
current contract between the City and INLEX is to provide
automation maintenance services for current products for $12,900
throughout FY 93-94. This is the contract that DRA would be
assigned and assume.
11-3 /"-'1-
RESOLUTION NO.
1'l.J1')
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA ASSIGNING LICENSE AND MAINTENANCE
AGREEMENTS BETWEEN THE CITY OF CHULA VISTA AND
INLEX, INC. TO DATA RESEARCH ASSOCIATES (DRA),
AND AUTHORIZING MAYOR TO EXECUTE THE REQUIRED
DOCUMENTS
WHEREAS, INLEX, Inc. of Monterey, California and the City
of Chula vista entered into contractual agreements on August 28,
1990 for INLEX to provide library software and automation services
to the city (INLEX Account or Contract Reference No. 90-11) (city
Document Nos. CO-90-l89 and C090-l90); and
WHEREAS, INLEX is being or has been sold to another
automation vendor, Data Research Associates (DRA) and has requested
that the City approve their Request for Consent to Assignment and
Assumption of Contracts.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby approve and consent to
assignment of the License and Maintenance Agreements (City Document
Nos. C090-l89 and C090-l90) between the City of Chula vista and
INLEX, Inc. for library software and automation maintenance
services to Data Research Associates (DRA), copies of which are on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to sign the Request
for Consent to Assignment and Assumption of Contract.
Presented by
Approved as to form by
~J
f.
. ty Attorney
David Palmer, Library Director
F:\home\attomey\inlex
II-.J' / /I-J.
ATTACHMENT B
REQUEST FOR CONSENT TO ASSIGNMENT AND ASSUMPTION OF CONTRACTS
TO:
FROM:
CHULA VISTA PUBLIC LIBRARY (herein "CUSTOMER")
INLEX, Inc. (INLEX) and Data Research Associates, Inc. ("DRA")
RE:
APRIL 23, 1993
#9011
(Account No., Contract Reference No.)
DATE:
In connection with the proposed sale of its assets to DRA, INLEX requests that
CUSTOMER consent to the assignment to DRA of all of INLEX's contract rights with respect
to the license and/or maintenance agreements listed on Exhibit A attached hereto (the
"Contracts") and to the assumption by DRA of INLEX's obligations with respect to the Contracts.
To expedite the closing of sale, INLEX requests that you make every effort to complete
and return this document to INLEX in the enclosed stamped, self-addressed envelope, as soon
as possible.
Thank you for your anticipated cooperation.
~..J:.(...., )
udith Suls<fna
Acting President
CONSENT TO ASSIGNMENT AND ASSUMPTION OF CONTRACfS
CUSTOMER hereby consents to the proposed assignment by INLEX to DRA of all of
INLEX's contract rights with respect to the Contracts, and consents to DRA's assumption of the
contract obligations of INLEX pursuant to the Contracts. CUSTOMER understands and
acknowledges that the proposed assignment is contingent on DRA's acceptance of the Contracts
and on the consummation of the sale of assets by INLEX to DRA.
CHULA VISTA PUBLIC LIBRARY
(CUST R~AME)
fJ.
(Name)
By
CITY MANAGER
(Title)
//~7
REQUEST FOR CONSENT TO ASSIGNMENT AND ASSUMPTION OF CONTRACTS
EXHIBIT A
List of all license and/or maintenance agreements currently in force as between INLEX, Inc. and
CHULA VISTA PUBLIC LmRARY
1. Software Products Purchase and Customer Support Services Agreements #9011,
August 28, 1990
CHU / April 9. 1993
II"Y
COUNCIL AGENDA STATEMENT
ITEM
MEETING DATE: September 7. 1993
/~
Resolution 17.13~ approving the First
Amendment to the Agreement between the City of
Chula vita and Starboard Construction, Inc. for
project management services regarding the South
Chula vista Library, adding Project Solutions, Inc.
as a subconsultant to Starboard; authorizing the
City Manager to review and approve by letter
subsequent minor changes to the original agreement
regarding permitted subconsultants
SUBMITTED BY: Library Director~
REVIEWED BY: City Manager 1(; i JI (4j5ths Vote: Yes_ No..Jj;)
The City of Chula vista entere~nto an agreement with Starboard
Construction, Inc. (Attachment A) on March 23, 1993. Under that
agreement Starboard Construction, Inc. provides project management
and cost estimator services for the South Chula vista Library
project for $182,065. No subconsultants were named in the original
agreement. However, subsequent restructuring of Starboard
Construction, Inc. resulted in the Principal-in-Charge of the
project management team, Ian Gill, leaving the firm. Starboard
Construction, Inc. has since contracted with Mr. Gill's new firm,
Project SOlutions, Inc. to continue provision of his administrative
services on a subconsultant basis.
ITEM TITLE:
RECOMMENDATION:
That Council approve the resolution approving the First Amendment
to Agreement between the City of Chula vista and Starboard
Construction, Inc. for Project Management Services regarding the
South Chula vista Library.
BOARDS AND COMMISSIONS RECOMMENDATION:
Not Applicable
DISCUSSION
At the time the City and Starboard entered the agreement for
project management services for the South Chula vista Library, Ian
Gill was a minor shareholder and Vice President of Starboard
Construction, Inc. Mr. Gill was listed in the agreement as a
principal-in-Charge and Contract Administrator and has been a key
participant in the management of the project as a representative
from Starboard.
/.2 -I
ITEM J j. , PAGE 2
MEETING DATE: September 7. 1993
By mutual consent, on May 31, 1993, Starboard's minor shareholders,
including Ian Gill, separated from the company. However, Starboard
and Ian Gill agreed that Mr. Gill's expertise and services were of
mutual benefit to Starboard and the South Chula vista Library
construction project. As a result, under his new company, Project
Solutions, Inc., Ian Gill and Starboard signed an agreement to
enable a continuation of his services on a subconsultant basis.
Under the agreement between Starboard and Project Solutions, Inc.,
Ian Gill would continue to perform the same administrative role as
part of the project management services stipulated in the original
agreement between the City and Starboard. However, the original
agreement does not permit an assignment of any portion of the
consul tant' s work without the consent of the City. An amendment to
the original agreement approved by Council is required to make such
a change in the contract.
The First Amendment to the Agreement between the City of Chula
vista and Starboard construction, Inc. (Attachment C), if approved,
will do the following:
Name Project Solutions, Inc. as subconsultants to Starboard
Construction, Inc.; and
Authorize the City Manager, on behalf of the city, to review
and approve by letter, subsequent minor modifications
regarding permitted subconsultants.
FISCAL IMPACT:
There is no fiscal impact to the city of Chula vista. The
Amendment does not alter the original agreement in regards to scope
or fees for project management services. Funds have already been
appropriated, in full, to cover the fees for project management
services from Starboard Construction, Inc. at $182,065 under the
original agreement.
Alr/l~1I HI" ~r
A Nor .&!IfIJAJ e~
1,)";1..
RESOLUTION NO.
17.l3g'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FIRST AMENDMENT TO
THE AGREEMENT BETWEEN THE CITY OF CHULA VISTA
AND STARBOARD CONSTRUCTION, INC. FOR PROJECT
MANAGEMENT SERVICES REGARDING THE SOUTH CHULA
VISTA LIBRARY, ADDING PROJECT SOLUTIONS, INC.
AS A SUB CONSULTANT TO STARBOARD; AUTHORIZING
THE CITY MANAGER TO REVIEW AND APPROVE BY
LETTER SUBSEQUENT MINOR CHANGES TO THE
ORIGINAL AGREEMENT REGARDING PERMITTED
SUB CONSULTANTS
WHEREAS, the City of Chula vista entered into an
agreement with Starboard Construction, Inc. on March 23, 1993; and
WHEREAS, under that agreement Starboard Construction,
Inc. provides project management and cot estimator services for the
South Chula vista Library project for $182,065; and
WHEREAS, however, subsequent restructuring of Starboard
Construction, Inc. resulted in the Principal-in-Charge of the
project management, Ian Gill, leaving the firm; and
WHEREAS,
contracted with Mr.
continue provision
subconsultant basis.
Starboard
Gill's new
of his
Construction, Inc. has
firm, Project Solutions,
administrative services
since
Inc. to
on a
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula Vista does hereby approve the First Amendment to
the Agreement between the ci ty of Chula vista and Starboard
construction, Inc. for project management services regarding the
South Chula vista Library, a copy of which is on file in the office
of the city Clerk, and adding Project Solutions, Inc. as a
subconsultant to Starboard.
BE IT FURTHER RESOLVED that the Mayor of the City of
Chula vista is hereby authorized and directed to execute said First
Amendment for and on behalf of the City of Chula vista.
BE IT FURTHER RESOLVED that the city Manager is hereby
authorized to review and approve by letter subsequent minor changes
to the original agreement regarding permitted subconsultants.
Presented by
Approved as to form by
David Palmer, Library Director
-~~~
Bruce M. Booga d, City
Attorney
F: \home\attomey\starbord.lst
1.2..;:r / '''-'1
First Amendment to
Agreement between City of Chula vista
and
Starboard Construction, Inc.
for Project Management Services
regarding the South Chula vista Library
This Agreement is the first amendment to that agreement
entitled "Agreement between City of Chula vista and Starboard
construction, Inc., for project management services", dated March
23, 1993 for reference purposes ("Original Agreement") and is
between the ci ty of Chula vista ("ci ty") and Starboard
construction, Inc. ("Consultant"), the same parties to the Original
Agreement, and is made with reference to the following facts:
1. Key employees of Consultant in the performance of the
original Agreement amicably separated from Consultant and started
their own construction consulting business, known as "project
Solutions, Inc."; and,
2. Pursuant to an arrangement that has been worked out
between the Consultant and Project Solutions, Inc. ("PSI"),
Consultant desires to subcontract with PSI to perform some of the
work of the original Agreement required of Consultant: and,
3. The original Agreement, at section 11 thereof, does not
permit an assignment of any portion of Consultant's work without
the consent of the City and their listing as a "Permitted Subcon-
sultant"; and,
4. The city desires to amend the terms of the original
Agreement to permit the city Manager the power to approve future
minor subconsultants without the need for each subsequent
subconsultant to be approved by Council,
Now, therefore, the parties hereto do hereby agree as follows:
A. Paragraph 17 of Exhibit A of the Original Agreement is
hereby amended to list "project Solutions, Inc.," as a permitted
subconsultant.
B. The City Council hereby designates the City Manager, and
delegates to the City Manager, the authority to approve, on behalf
of the City, and in a letter format, without further Council
review, permitted subconsultants under the Original Agreement, as
same may from time to time be modified, for such portion of the
work of the Consultant as the City Manager considers to be a minor
1
),;1",,5"
portion of the work originally assigned to the Consultant.
Dated: August 6, 1993
Attest:
BeverlY Aut et,
ci ty ,C:let
A~di~S 0 Form
Bruce M. Boog
city Attdrney
f:\home\attorney\deborahl.wp
city of Chula vista
by:
Tim Nader, its Mayor
starboard Construction, Inc.
2
/.2 - /,
~
pt2..-~$.
- ,
COUNCIL AGENDA STATEMENT
Item a
Meeting Date 9/7/93
ITEM TITLE:
Resolution 17 J 3 , Waiving the competitive bidding process and
approving the Fiscal Years 1993-94, 1994-95 and 1995-96 Service
Agreement with American Digital Systems (ADS) Services for the
maintenance of ten sewage flow meters
SUBMITTED BY, Din,,"' of P"b~ of w""?J ~
REVIEWED BY: City Manager I/b -? f! (4/5ths Vote: Yes_ No X)
American Digital Systems (ADS) Services and the City of Chula Vista had a one year service
agreement for Fiscal Year 1992-93 for the repair and preventive maintenance services for eight
sewage flow metering stations. It is proposed that this service be extended for three more
years under a new service agreement. The cost of the service agreement will increase from
$316 per month per single monitor (a meter which measures flow in one sewer line) and $401
per month for one dual monitor (a meter measuring flow in two lines entering a single
manhole) in Fiscal Year 1992-93 to $329 per month per single monitor and $417 per month
for the dual monitor in Fiscal Years 1993-94, 1994-95 and 1995-96. While this represents a
total increase of approximately 4.1% for single monitors and 4.0% for the dual monitor in
1993-94, the total contract will increase by 31.9% from $30,724 in 1992-93 to $40,536 in
1995-96 due to an increase in the number of stations. The cost per monitor will remain
unchanged in 1994-95 and 1995-96. The yearly maximum contract amounts are shown on
Exhibit 1.
RECOMMENDATION: That Council approve the resolution walvmg the competitive
bidding process and approving an agreement with American Digital Systems (ADS) Services
for the maintenance of ten sewage flow meters for fiscal years 1993-94 through 1995-96.
BOARDS/COMMISSIONS RECOMMENDATIONS: Not applicable
DISCUSSION:
In 1979, the manner in which member agencies were charged for sewage flows into the Metro
system came under question. The member agencies had noted that the flows attributed to San
Diego did not appear to be increasing at a rate similar to their own flows, and San Diego was
pressed to have a study made to determine the reliability of the flow estimates. In 1980, San
Diego agreed to hire a consultant to perform this study. At the conclusion of that study Chula
Vista received approximately $602,500 as a refund of overcharges and ADS sewage flow
meters were acquired and installed to form the basis for a uniform metering method for all
flows entering the Point Loma facility. ADS meters were chosen because of their reliability.
13')
Page 2, Item ~
Meeting Date 9/7/93
ADS was also chosen to perform the maintenance on the meters to provide a sense of security
to the member agencies by having a neutral party responsible for the performance of the
meters.
When Chula Vista began installation of sewer flow meters in its own system for measuring
flows to Spring Valley, ADS meters and service were chosen on the bases ofreliability, quality
of service and compatibility with San Diego's system.
Weare currently responsible for the maintenance of two metering stations which measure flow
directly into the Metro system and six stations which measure flows discharging into the Spring
Valley Sanitation District system. Two additional flow metering stations are anticipated to
become Chula Vista's responsibility during Fiscal Years 1993-94 and 1994-95. The first of
these, the Proctor Valley Road (CV12) flow metering station will measure flow discharging
directly into the Spring Valley Outfall.
The Otay Rio Business Park metering station (CV14) is the second of the stations which the
City will assume responsibility for during this contract period. It will be located on Otay Rio
Road, and will discharge directly into the Metro system. The developer will pay the first
year's maintenance cost for CV14. The metering station is proposed to be installed after
January 1, 1994, so the City would not be responsible for maintenance costs until after January
1995, when the developer's maintenance obligation ends.
The charges for both CV12 and CV14 will be pro-rated to the nearest day based on a monthly
charge of $329 per month. This charge is to commence after ADS Services has provided thirty
days of flow data to the City along with a site report, calibration and depth to discharge data
(measurement of flow level and instantaneous velocity) for the flow meter. The date of
commencement will not be prior to August 1, 1993 for CV12 and January 1, 1994 for CV14.
Exhibit 2 is a summary of the sewage flow metering stations for Chula Vista and their
respective locations.
ADS Services has performed the maintenance on the these sewage flow meters through service
agreements with the cities of Chula Vista and San Diego since the meters were first installed.
We recommend that the competitive bid process be waived and that ADS Services continue
to do the maintenance for the following reasons:
1. City of San Diego staff indicated that no other contractor in the San Diego area
performs maintenance on permanent ADS metering stations. (This information was
verified by contacting other agencies and other vendors within the region. The results
of our survey are discussed below and'shown on Exhibit 3.)
2. ADS permanent flow meters are unique and special training, parts, and equipment are
required to perform the maintenance. Attachment 1 to this report provides a price list
for training, software and extra parts. The overall cost of training for one person is
shown to be $7,100 plus $15,000 for field training in Chula Vista. This latter cost is
assumed to be the same whether one person or more is trained. Attachment 1 also
'I:J"~
Page 3, Item
Meeting Date
1;1
9/7/93
presents a discussion of issues dealing with maintenance of the metering stations by
City personnel.
3. All agencies currently participating in the Metro system which use ADS meters use
ADS Services to calibrate the system quarterly to give uniform flow results between the
agencies.
4. ADS computer software and compatible hardware is required to perform many of the
maintenance functions.
5. ADS provides both software and field support for the metering stations. These efforts
are well coordinated among ADS staff members in Dallas and the field support group
based in San Diego. Splitting the field and office functions among two different
vendors would almost certainly disrupt this coordination and diminish the value of the
installations. Exhibit 4 provides a description of the coordination of efforts.
Fisher-Porter and Texas Nuclear provide maintenance for sewage flow meters for two other
agencies in the County, and we inquired whether either of them could maintain our ADS
meters. Their staff replied that they have never provided maintenance to meters manufactured
by ADS Services and that it would not be feasible for them due to the additional training and
equipment they would require. Having the City perform the maintenance on the ADS meters
may not be in the best interest of the billing agencies, Metro and the Spring Valley Sanitation
District. As a third party, ADS can provide impartial and efficient service.
The City of Chula Vista's previous service agreements with ADS Services were one year
contracts. The two previous service agreements between ADS Services and the City of San
Diego were multiple year contracts. ADS staff has prepared an agreement for Chula Vista that
has terms similar to those of the San Diego agreement. That agreement is attached hereto as
Attachment 2, and it includes alternate proposals for three and five year contracts which are
comparable to the San Diego agreement.
Exhibit 5 compares the monthly maintenance service rates for the City of Chula Vista with the
City of San Diego. As shown in the table, the City would have saved money if multiple year
agreements had been used.
A multiple year service agreement could assure a fixed maintenance cost through Fiscal Year
1995-96. It would also reduce the use of staff time, since the contract would not need to be
renewed each fiscal year. For these reasons, a three-year contract is recommended. The
alternate proposal of a five year service agreement with the rate for the last two years tied to
the increase in the Consumer Price Index (CPI) from August 1993 is not recommended. Since
we cannot accurately predict what the CPI will be in three years it is uncertain whether the five
year agreement would be cost effective.
The language of the service agreement between ADS Services and the City of Chula Vista for
Fiscal Years 1993-94, 1994-95 and 1995-96 will be similar to that of the previous agreement.
,;r"J
-----, -
Page 4, Item /.3
Meeting Date 9/7/93
The changes will be the increased monthly maintenance cost, extension of the service
agreement to three years, and the addition of two metering stations. The maintenance costs for
the three year service agreement will increase from $316 to $329 per month per single monitor
and from $401 to $417 per month for the dual monitor. These prices will be applicable
throughout the three year service agreement.
At their own risk, ADS has provided the necessary preventive maintenance on the sewage flow
meters since our agreement expired on July I, 1993. They have not been paid during this year
and staff recommends that the service agreement be retroactive to July 1, 1993 in recognition
of this good faith relationship.
FISCAL IMPACT: The total amount of the service contract is $32,640 per year for Fiscal
Years 1993-94, 1994-95 and 1995-96 for the existing eight metering sites. Addition of the two
new metering stations will bring the total cost to a maximum cost of $36,259 for Fiscal Year
1993-94, $38,562 for Fiscal Year 1994-95 and $40,536 for Fiscal Year 1995-96 as shown on
Exhibit 1. Sufficient funds have been budgeted for Fiscal Year 1993-94 in account # 225-
2250-5202 to cover the FY 1994 costs.
Attachments:
1. Letter from ADS Services dated August 17, 1993 NOT SCANNw
2. Agreement with ADS Services
BVH: KY~073-o2, Ky-074-02
F:\ENGINEER\AGENDA \ADSAGMT5
IJ''1
RESOLUTION NO. J7~~?
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA WAIVING THE COMPETITIVE BIDDING
PROCESS AND APPROVING A THREE YEAR SERVICE
AGREEMENT WITH AMERICAN DIGITAL SYSTEMS (ADS)
SERVICES FOR THE MAINTENANCE OF TEN SEWAGE
FLOW METERS THROUGH JUNE 30, 1996
WHEREAS, American Digital systems (ADS) Services and the
city of Chula vista had a one year service agreement for Fiscal
Year 1992-93 for the repair and preventive maintenance services for
eight sewage flow metering stations and it is proposed that this
service be extended for three more years under a new service
agreement; and
WHEREAS,
process be waived
maintenance for the
staff recommends that
and that ADS Services
following reasons:
the competitive
continue to do
bid
the
1. City of San Diego staff indicated that no other contractor in
the San Diego area performs maintenance on permanent ADS
metering stations.
2. ADS permanent flow meters are unique and special training,
parts, and equipment are required to perform the maintenance.
3. Most agencies currently in the Metro system use ADS Services
to calibrate the system quarterly to give uniform flow results
between the agencies.
4. ADS computer software and compatible hardware is required to
perform many of the maintenance functions.
5. ADS provides both software and field support for the metering
stations. These efforts are well coordinated among ADS staff
members in Dallas and the field support group based in San
Diego. Splitting the field and office functions among two
different vendors would almost certainly disrupt this
coordination and diminish the value of the installations.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby find that competitive bidding
would be impractical and waives the competitive bidding process and
approve the three year Service Agreement with American Digital
Systems (ADS) Services for the maintenance of ten sewage flow
meters through June 30, 1996, a copy of which is on file in the
office of the City Clerk.
1
JJ.....>
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula vista.
Presented by
Approved as to form by
CBvl~
John P. Lippitt, Director of
Public Works
Bruce M.
Attorney
F: \home\attomey\ads.llr
2
/:1"'1,
EXHIBIT 1
ADS BILLED AND CONTRACTED AMOUNTS
FY 1992-93 TO FY 1995-96
FY 1992-93 BILLED
CV 1, 5, 9, 10, 11 5 $ 316 12 $ 18,960
CV 8, 13 2 $ 316 8 $ 5,056
CV 7 1 $ 401 12 $
TOTAL
CONTRACT FY 1992-93
12
$ 18,960
$ 4,812
$ 6,952
CV 1, 5, 9, 10, 11
CV 7
5
1
$ 316
$ 401
$ 316
12
CV 8,13
2
11
TOTAL
CONTRACT FY 1993-94
11
12
TOTAL
$ 27,636
$ 3,619
$ 5,004
CV 12
CV 7
7
1
1
$ 329
$ 329
$417
12
CV 1,5,8,9,10,11,13
CONTRACT FY 1994-95
CV 1,5,8,9,10,11,12,13 8 $ 329 12 $ 31,584
CV 14 1 $ 329 6 $ 1,974
CV 7 1 $ 417 12 $ 5,004
TOTAL
CONTRACT FY 1995-96
CV 1,5,8,9,10,11,12,13
CV 7
9
1
$ 329
$417
FY 1993-94 TO FY 1995-96 CONTRACT TOTAL
1.3-7
$115,357
~~ ,
Name
CV-l
CV-2
CV-3
CV-5
CV-7*
CV-8
CV-9
CV-IO
CV-ll
CV-12**
CV-13
CV-14**
EXHmIT 2
LOCATION OF CHULA VISTA METERING STATIONS
Location
Hollister Street (M)
'J' Street, off ofI-5 (M)
'G' Street, off of 1-5 (M)
East Flower Street, Bldg. 25
Plaza Bonita Road
Las Flores Drive
No. 5th Avenue, No. of C Street
Acacia Avenue @ Bonita Road
Otay Lakes Road & Bonita Road
Proctor Valley Road
, G' Street, adjacent to Rohr Ind.
Otay Rio Business Park
Pavs for Services
Chula Vista
San Diego
San Diego
Chula Vista
Chula Vista
Chula Vista
Chula Vista
Chula Vista
Chula Vista
Chula Vista
Chula Vista
Developer* * *
dual line metering station
Metering station may come on line during Fiscal Years 1993-94 or 1994-95
developer will be required to pay the first year maintenance cost
Montgomery Metering Station
Metro
*
**
***
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EXHIBIT 4
ADS SOFTWARE AND SITUATION SUPPORT
The ADS software support team is in Dallas, Texas. Their field support crew is based in San
Diego, California.
CONFIRMATIONS / CALffiRATlONS OF MONITORS
This process is done on a quarterly basis. The ADS field crew checks the monitor and cleans
the sensors of any debris or condensation that could cause inaccurate readings.
Then with ADS' field crew and our staff, we do timed confirmations. Their crew takes flow
measurements at the same time our staff fires the sensors. This is done in three timed intervals
to get an average for each sensor pair.
Their field crew then calls us back and relays the flow measurements, checks for deposition
in the pipe and gives us the velocity of the flow. With this information and our three sensor
pair readings, our staff calibrates the sensor .pairs.
The ADS field crew calls us back in about a week to see how the sensors are tracking. If our
staff feels that the readings we are receiving from a site may be inaccurate, the ADS field crew
goes back into the field and we begin the process again.
BATTERY SWAPS ON THE MONITORS
The software alerts us to a low voltage battery problem. When a battery is losing its power
it affects both the readings and the storage of information from the monitor.
A battery swap is critical. When our staff notifies ADS they change the battery in a day or
two.
Their field crew calls us when they are at the monitor site. Our staff needs to take a reading
before the battery is swapped. If this is not done the monitor loses the information it has
stored since the last reading.
When the battery swap is complete, the ADS field crew notifies our staff to reactivate the
monitor.
1;J-/tJ
SOFTWARE UPDATES
We receive updates of the software package usually on a yearly basis or when a problem in
the software is identified and solved.
SOFTWARE SUPPORT
Occasionally we need software support. For example, when our staff receIves a
communication off line or a time out error. The ADS Dallas software support team will call
up the monitor to see if it is our communication line problem or if there may be another type
of problem.
Sometimes the ADS Dallas support team can walk us through a problem on the phone. If they
determine the problem is at the monitor site, they will notify the San Diego field crew to
correct the problem. The field crew will usually contact us the same or the next day.
1;1'1/
-,
EXHmIT 5
COMPARISON OF MONTHLY ADS SERVICES CONTRACT COSTS
I Chula Vista I San Diego I
Term I Rate Term I Rate
FY 1989-90 $214/month FY 1989-92 $214/month
FY 1990-91 $214/month
FY 1991-92 $225/month
FY 1992-93 $316/month FY 1992-95 $316/month
FY 1993-94 $329/month
FY 1995-97 *
*
This is a 5 year agreement. For the fiscal years beginning July 1, 1995 and July 1,
1996 the prices will be adjusted by the percentage difference in the Consumer Price
Index (CPI) from July 1, 1992 to July 1 of each of the respective years.
/:1-I,;",/,3-lh
FROM-
08,19.1993 09:37
NO, 3
p. 1
!
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AI '" Lr
ENYIRONMe.N1AL SERVICES INC.
ATTACHMENT I
. Flow Mnnitoring
. 1/1 Reduction
. CSO;Stormwi!ter Managem.nt
. Sewer System Evaluation Surveys
August 17, 1993
"ON
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Mr. ROller L DaollM
Senior Civil Engineer
Engineering Del'artmen(
City of Chula Vista
276 Fourth Avenue
Chula Vista CA 92010
Tel 691 5259
Fax 691 5171
RE: COMPREHENSlVEFIELD SERVICE
FOR ADS SEWER FLOW MONITORS
Dear Mr, Daoust.
Thank you for your call of yesterday. Per our discussion, I understand that the City has two issues outstanding
before It can proceed with the renewal of the above service COlllraCl,
The first issue relates to a multi-year contract, Per earlier discussions with your slaff, we have proposed a two year
term for the next contract. Ben Herrera has indicated the City may wish to go longer. I am pleased to offer you
a three (3) year term at the same rates as previously quoted to the City, We are can offer a two year extension to
a three ye.'\r contract, for a total term of five (5) years. However, the ralCS for each of the last two years would
be tied to the increase in the Enilineerinll News Record construction index from the rate this week to the rate In
the last week of June of 1996 and 1997 respectively,
As [0 the City conducting its own services, I cannot recommend it, For one, the City is using these sites for billing
purposes, The provision of field service and quarterly calibrations by ADS provides a valuable service, ADS is
an independent third party charlled with generating the best possible now data as accurately as feasible. If you do
these services yourself, you loose this independence,
Secondly, the success rates for cities doing their own service is poor. Fully ninety.five percent of our clients have
ADS do the service, For the few that have tried on their own, virtually all have done poorly.
You asked that I provide you costs for lraining should you wish to proceed with your own servicing, They are as
follows:
Item
Price, $
1.
Technician Training in Huntsville, Alabama
(3 dayS, air farc & living expenses not included)
3,600
2,
X500 Software license
3,500
Subtotal =
15,000
$ 22,100
3,
Field Training, Two weeks in Chula Vista/San Diego
7243 Engineer Rd, . Suite 0 .
SanDiego,CA92111. (619)571-0045.
1:1,/;:1
FAX . (619) 277-9858
e
""-....IM...',........._
-- "'
ALJ:S="
ENVIRONMENTAL SERVICES INC.
spare parts have not been included. A spare pans price list is attached.
ShouI~ yO\! have any questions. please feel free to contact me.
Sincerely yours.
ADS ENVIRONMENTAL SERVICES. INC.
~,~
,fi......- Patrick A. Hayes. P.E.
Senior Regional Vice President
.
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13'1.5'
COMPREHENSIVE FIELD SERVICE AGREEMENT
FOR SEWER FLOW MONITORING EQUIPMENT
This Service Agreement, dated this _ day of , 1993, defines the services offered
and the terms and conditions relating thereto with respect to the Agreement entered into by and
between the CITY OF CHULA VISTA, hereinafter referred to as "CITY", with offices located
at 276 Fourth Avenue, Chula Vista, California 92010 and ADS ENVIRONMENTAL
SERVICES, INC., hereinafter referred to as" ADS", with offices located at 7243 Engineer Road,
Suite D, San Diego, California 92111.
Products
Serviced
By ADS:
1. ADS will provide all service under the terms and conditions
specified in this Agreement for the ADS-supplied equipment as
listed in Appendix A.
Products
Serviced
By Others:
2. ADS is not responsible for service or repairs for central
computer, peripherals and other related equipment not provided
by ADS.
Services
Performed
By ADS:
3. ADS will perform the following on equipment it services:
Diagnostics:
a. ADS personnel will perform remote diagnostic check-out of
ADS provided equipment using ADS' most current
procedures and programs from its facilities in San Diego,
California, or other service locations, by use of telephone
lines.
Repair:
b. ADS personnel will perform repair and maintenance services
necessary to keep the equipment operating. These services
will be performed from the ADS service facilities in San
Diego, California, or other service locations. The services
to be performed under this Agreement include but are not
limited to the following:
General maintenance and sensor cleaning;
Repair of electronic failure internal to the equipment;
Repair of telephone telemetry system failure internal to the
equipment, and repair of any defects in the ADS installed
telephone line from the monitor to the telephone company
pedestal;
Ultrasonic depth sensor replacement: a depth sensor shall be
Page 1 of 8
1:3-/7
-,
Primary Contact:
Response Time:
Quarterly
Maintenance
Visits:
Inventory:
Service
Statement:
Service Schedule:
Services
Performed By
CITY:
replaced if, after cleaning, the sensor has less than three
(3) operating ultrasonic crystals or less than five (5) reporting
sensor pairs.
Velocity sensor replacement: a velocity sensor shall be
replaced upon sensor failure, or if velocity measurements are
reported as a constant or incorrect value, indicating a sensor
malfunction.
Surcharge sensor replacement: a surcharge sensor shall be
replaced if it fails;
Battery replacement when the + 12V is less than 10.0V.
c. ADS shall designate a field service who shall be the primary
contact with CITY for the resolution of field problems.
written notification of any change of this primary contact will
be provided to CITY by ADS. ..
d. ADS will respond to a notification of malfunction within two
(2) working days and within an additional two (2) working
days ADS will repair equipment, or replace with a temporary
unit until repair and installation of original equipment can be
performed. The designated field representative will notify
CITY of the services schedule at least 24 hours prior to any
on-site visit.
e. ADS will provide once per quarter site visits to perform an
hydraulic calibration, an electronic calibration, confirmation
and hardware checks at each site.
f. ADS shall maintain an adequate supply of parts, sensors,
electronic boards and monitors for use in servicing the
CITY's system.
g. ADS will provide a Statement of Repair Service Form which
documents maintenance or diagnostics performed by ADS.
h. The field service shall accommodate CITY's normal
operating hours of 8:00 a.m. to 12:00 noon and 1:00 p.m. to
5:00 p.m. Monday through Friday.
4. CITY agrees to perform the following functions in connection
with this Agreement. CITY agrees that certain activities must be
acknowledged prior to ADS having any obligation to perform
services enumerated in Paragraph 3 hereof. The CITY shall:
Page 2 of 8
1.3 "'l~
Interface:
Assistance:
Electronic:
Compensation:
Payment Terms:
Exclusions:
a. Make no changes to the equipment or software that would
preclude ADS from being able to interface with the
equipment via telephone with CITY's equipment unless
agreed to by ADS in writing;
b. Not to make repairs or provide any maintenance or attempt
to do so on the equipment unless authorized by ADS;
c. Allow ADS to access the system for purposes of running
diagnostic tests and performing other functions in the course
of maintenance testing and checkout. The CITY agrees to
have available upon request by ADS any data or monitor
information which would assist in the diagnostic procedure.
5.
Compensation for services as detailed in this Agreement shall
be based on the prices listed in Appendix B. Total
compensation shall not exceed $115,357.00 without written
authorization by the CITY.
6.
Invoices shall be issued quarterly in advance with payment due
thirty (30) days from date of invoice. A I % discount may be
taken if paid within ten (10) days, with the full amount due
prior to the start of the quarter. A late payment penalty of
1.5 % per month shall be charged if payment is not received
within thirty (30) days.
7.
The following equipment and services shall be excluded by
ADS from this Agreement:
a. Communications and electrical line work external to the
equipment;
b. Changes or alterations in specifications;
c. Painting, refinishing or furnishing materials therefore
(except as damaged by ADS during service work);
d. Installation, moving or removing of equipment unless
required as part of the repair process;
e. Repairs or loss of data made necessary by accident or
negligence of the CITY, its employees, agents,
contractors or invitees;
Page 3 of 8
}:1"I,
Service
Agreement
Terms:
Renewal:
Discrimination:
8.
9.
f. Repairs made necessary due to attempts by CITY to
repair or maintain the equipment unless authorized in
writing by ADS;
g. Service during holidays or service not covered by this
Agreement. Holidays are defined as the following days:
New Years Day, Martin Luther King Day, Presidents
Day, Memorial Day, Fourth of July, Labor Day,
Thanksgiving Day and Christmas Day.
h. Maintenance and repair of equipment not listed in
Appendix A;
1. Repairs made necessary due to events beyond ADS's
control, such as, but not limited to, construction by others
that cuts the telephone line or acts of God (e.g., lightning
strikes, etc.).
Should the CITY elect to engage ADS, ADS, upon written
notice, can provide the above services on a time and materials
basis. Compensation for such services shall be performed on
a time and materials basis and shall be compensated at the
hourly rates listed in Appendix B. This Agreement shall expire
on June 30, 1996.
This Agreement shall be for a term as described in Appendix
A for the equipment in the locations as listed in Appendix A.
CITY and ADS may renew this Agreement for an Additional
year at the then current ADS published price. ADS will notify
the CITY of then current price sixty (60) days prior to the
expiration of this Agreement. The CITY may then renew this
Agreement by giving written notice of such election at least
thirty (30) days prior to the expiration of this Agreement. In
subsequent years the Agreement may be renewed in like
fashion.
10.
ADS shall not discriminate against any employee or applicant
for employment because of race, religion, color, sex or
national origin. Such actions shall include, but not be limited
to the following: employment, upgrading, advertising, layoff or
termination, rates of pay or other forms of compensation; and
selection for training including apprenticeship.
Page 4 of 8
13',,2.&7
Insurance:
11.1 ADS shall indemnify and hold harmless the CITY against and
from any and all damages to property or injuries to or death of
any person or persons including property and employees or
agents of the CITY and shall defend, indemnify and save
harmless the CITY, its officers, agents and employees, from
any and all claims, demands, including Workers' Compensation
claims, of or by anyone whomsoever, arising from any
negligent or intentional acts of ADS pursuant to this
Agreement.
11. 2 ADS shall maintain comprehensive general liability and
property damage insurance covering all operations hereunder of
ADS, its agents and employees including but not limited to
premises and automobile, with minimum coverage of one
million dollars ($1,000,000.00) combined single limits.
Evidence of such coverage, in the form of a Certificate of
Insurance and Policy Endorsement which names the CITY as
Additional Insured shall be submitted to the City Clerk at 276
Fourth Avenue prior to beginning of work. Said policy or
policies shall provide thirty (30) days written notice to the City
clerk of Cancellation or material change.
11.3 Worker's Compensation Insurance: ADS shall carry Workers'
Compensation insurance in statuary amount and employee's
liability coverage in the amount of five hundred thousand
dollars ($500,000.00); evidence of which is to be furnished to
the CITY in the form of a Certificate of Insurance prior to
beginning of work.
11.4 All insurance carriers shall comply with the items listed below:
11.4a Listing by the state Insurance Commission as a company
authorized to transact the business of insurance in the State of
California.
ll.4b A Best's Rating of "A", Class V, or better.
ll.4c Where a company is not included in Best's, it must show by
convincing evidence that its financial responsibility is equal to
or better than the rating set forth in "b" above.
Page 5 of 8
13"'~J
Employees:
12. That ADS warrants that he has not employed or retained any
company or person, other than a bona fide employee working
solely for ADS, to solicit or secure this Contract, and that he
has not paid or agreed to pay any company or person, other
than a bona fide employee working solely for ADS, any fee,
commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or violation of this warranty the
CITY shall have the right to annul this contract without
liability.
Assignment:
13. ADS shall not assign this Agreement in whole or in part
without prior written consent of the CITY. This Agreement
consists of professional services and is not contemplated by
either party that any such assignment would occur. Any such
assignment shall not relieve ADS of any of its obligations under
this Agreement.
Disputes:
14.1 In the event of any disputes between the parties, the prevailing
party shall recover its attorney fees, and any costs and expenses
incurred by reason of such dispute.
14.2 All questions concerning this execution, validity or invalidity,
capacity of the parties, and the performance of this Agreement,
shall be interpreted in all respects in accordance with the laws
of the State of California.
14.3 If, through any cause, ADS shall fail to fulfill in a timely and
proper manner his obligations under this Agreement, or if ADS
shall violate any of the covenants, agreements, or stipulations
of the Agreement, CITY shall have the right to terminate this
Agreement by giving written notice to ADS 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, survey,
drawings, maps, reports, and another material prepared and/or
installed by ADS shall at the option of CITY, become the
property of the CITY and ADS 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 under Appendix "B" herein.
Page 6 of 8
/:1".1. 2-
Termination:
15.
Software:
16.
Claims:
17.
CITY may terminate this Agreement at any time and or any
reason by giving written notice to ADS 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 an/or
equipment described in Section 3 hereinabove, shall, at the
option of the CITY, become the CITY's sole and exclusive
property. If the Agreement is terminated by CITY as provided
in this paragraph, ADS 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. ADS hereby expressly waives any and all claims
for damages or compensation arising under this Agreement
except as set forth in Section hereinabove, in the event of such
termination.
For a period of three (3) years from start of this Agreement,
software support is provided to those who have received the
ADS Quadrascan software training. The support includes hot
line telephone access and appropriate software upgrades.
Administrative claims requirements 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
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
fully set forth herein.
Page 7 of B
/3'.2.;3
Signature Page
to
Agreement between City of Chula Vista and ADS Environmental
Services, Inc.
for Comprehensive Field Services
for Sewer Flow Monitoring Equipment
IN WITNESS WHEREOF, CITY and ADS have executed this Agreement thereby indicating that
they have read and understood same, and indicate their full and complete consent to its terms:
Dated:
, 1993
City of Chula Vista
by:
Tim Nader, Mayor
Attest:
Beverly Authelet, City Clerk
Approved as to form:
Dated :
I .
k,J //9)
ADS Environ
tal servi~e~ ta . ( ..._'
ph . petroff~' f
President/CEO
By:
Exhibit List to Agreement
(X) Exhibit A.
(X) Exhibit B.
Page 8 of 8
I ;J'~1
, -
COMPREHENSIVE FIELD SERVICE AGREEMENT
FOR SEWER FLow MONITORING EQUIPMENT
APPENDIX A
SCHEDULE OF EQUIPMENT AND U>CATIONS
This Schedule of Equipment and Locations defines the units included by the Comprehensive Field Service
Agreement between ADS ENVIRONMENTAL SERVICES, INC. and THE CITY OF CHULA VISTA.
Equipment consists of sewer flow monitoring equipment installed by ADS ENVIRONMENTAL
SERVICES, INC. at the following locations:
ALPHA SERVICE SERVICE PHONE
NUMERIC LOCATION START DATE END DATE EQUIPMENT NUMBER
CV-1 Hollister Street, behind pumphouse 06/30/93 06/30/96 2CXX> monitor. 619/429-7285
1 ultrasonic
depth sensor
CV-5 East Flower. Bldg. 25 06/30/93 06/30/96 3500 monitor. 619/476-8332
1 ultrasonic
depth sensor
CV-9 North 5th Avenue, North of C 06/30/93 06/30/96 3500 monitor, 619/476-9793
Street 1 ultrasonic
depth sensor
CV-10 Acacia A venue at Bonita Road 06/30/93 06/30/96 3500 monitor. 619/475-6768
1 ultrasonic
depth sensor
CV-11 Otay Lakes Road and Bonita Road 06/30/93 06/30/96 3500 monitor. 619/267-8525
1 ultrasonic
depth sensor
CV- Plaza Bonita Road 06/30/93 06/30/96 3500 monitor, 619/476-3433
7(1)+(2)' 2 ultrasonic
depth sensors
CV-8 North 2nd A venue at Los Flores 06/30/93 06/30/96 3500 monitor. 619/425-0649
Canyon (KOA Campground) 1 ultrasonic
depth sensor
CV-12 Proctor Valley Road See Note 06/30/96
#2
CV-13 Rohr Industries 06/30/93 06/30/96 3500 monitor, 619/585-1307
1 ultrasonic
depth sensor
CV-14 Olay Rio Road See Note 06/30/96
#2
NOTES:
I.
2.
Dual monitoring site
Start date has not been determined
A-I
/
I ~':J..>
-,
COMPREHENSIVE FIELD SERVICE AGREEMENT
FOR SEWER FLow MONITORING EQUIPMENT
APPENDIX B
COMPENSATION SCHEDULE
This Compensation Schedule defines the monthly charge for services as detailed in the Comprehensive
Field Service Agreement between ADS ENVIRONMENTAL SERVICES, INC. and THE CITY OF
CHULA VISTA. This Compensation Schedule is effective for a thirty-six (36) month period from July
I, 1993 to June 30, 1996.
Monthly Charge: ..
$329 per single monitor (CV-l, CV-5, CV-8, CV-9, CV-IO, CV-ll, CV-13)
. . . . . . . . . $417 per dual monitor (CV-7(1), (2))
. . . . . . . . . . . . . . . . . . . . . . . . . . .. $2,720
Quarterly Charge:
$8,160 for singles and dual
Total Annual Charge:
$32,640
Three Year Contract Value:
$97,920
Hourly compensation for services performed extraneous to the included service described in the
Agreement, when authorized in writing by OWNER on a Time and Materials Basis:
Field crew hours are payable at a rate of: . . . . . . . . . . . . . . . . . . . .
. . $175 per hour
The actual compensation, exclusive of CV-12 and CV-14', is as follows:
No. OF PRICE PER MONITOR PRICE PER INvOICE AMOUNT
SERVICE PERIOD MONITORS PER MONTH MONTH PER QUARTER
1st Quarter FlY 93/94 7 Single $329 $ 2,720 $ 8,160
07/01/93.09/30/93 1 Double $417
2nd Quarter FlY 93/94 7 Single $329 $ 2,720 $ 8,160
10/01/93 - 12/31/93 I Double $417
3rd Quarter FlY 93/94 7 Single $329 $ 2.720 $ 8.160
01/01/94 - 03/30/94 1 Double $417
4th Quarter FlY 93/94 7 Single $329 $ 2,720 $ 8,160
04/01194 - 06/30194 1 Double $417
ANNUAL TOTAL: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . _ _ . . . . . . . . . . . . . . . . . . $ ...... 32,640
TOTAL TIlREE YEAR CONTRACT VALUE (exclusive of CV-12 and CV-14): ........... $ . . . . . , . 97,920
~ The charges both for CV-12 and CV-14 shall be prorated to the nearest day based on a monthly charge of S329/month. This charge
shall not commence until ADS has obtAined 30 days of data and has presented the data to the CITY along with a site report, calibration
data and, where applicable, depth-to.discharge data. The date of commencement for CV-12 shall not be prior to August I, 1993, and
for CV-14 the date shall not be prior to January I, 1995. Over the three year term of the contract, the total possible number of service
months for CVMI2 and CV-14 are thirtyMfive (35) and eighteen (18) respectively, for a total number of 53 months. At $329.00 per site
per month, this has a total value of $17 ,437. Any additional sites the CITY adds to the Comprehensive Field Service Agreement during
this three (3) year contract shall be prorated to the nearest day based on a monthly charge of $329. single and, $417. double.
B-1
I ;J~.2.(,
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item 1'1
Meeting Date 9/7/93
Resolution I ? :J. 'I P AffIrming the Trial Traffic Regulation -
Schedule III - Parking Prohibited At All Times On Certain Streets -
North Fourth Avenue II H /
Director of Public Works f(!!:'
Cioy M,"..~ 1(, -7 r (415,," Yo"" Y~_NolJ
ITEM TITLE:
REVIEWED BY:
On August 4, 1992, a Trial TraffIc Regulation establishing a parking prohibition on the west
side of North Fourth Avenue was implemented pursuant to the provisions of Section 10.12.030
of the Chula Vista Municipal Code. Signs indicating this prohibition were installed on July
23, 1992.
RECOMMENDATION: That the City Council adopt the resolution to make this Trial TraffIc
Regulation permanent.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their
meeting of July 8, 1993, voted 6-0-1 (Koester absent) to recommend that the City Council
affIrm this Trial TraffIc Regulation and pass a resolution making this prohibition permanent.
DISCUSSION:
Pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal Code, adopted
by Ordinance No. 1625 on May 27, 1975, the City Engineer, on August 4, 1992, determined
that in the interest of minimizing traffic hazards and congestion and for the promotion of public
safety, a Trial Traffic Regulation be established. That regulation is entitled: Schedule III -
Parking Prohibited At All Times On Certain Streets - Said prohibition being described as:
Name of Street Beginning At Ending At Side
N. Fourth Avenue A point approximately 30 ft. south of A point approximately 30 ft. north West
the south curbline of State Route 54 of the north curbline of "e" Street
Said regulations became effective upon posting of signs on July 23, 1992 and has run for a trial
period of eight (8) months from the date of such posting. A review of said installation, as
required by Chula Vista Municipal Code, Section 10.12.030, has been made. In accordance
with Section 10.12.030 of the Code, City Council must now pass a resolution making this
regulation permanent or the Trial Traffic Regulation ceases to be effective.
1'1-/
T
Page 2, Item 1'1
Meeting Date 9/7/93
This parking prohibition was established to enhance safety and improve traffic flow. Since the
opening of Highway SR-54, the traffic volumes on this segment have significantly increased.
This area is adjacent to a Target and a Dixieline Lumber commercial center which generate
significant numbers of vehicles turning into and out of the site. Cars parked on the street cause
sight problems and adversely impact moving traffic. Observations prior to the removal
revealed no demand for on-street parking. Since the prohibition of parking in this area has
improved traffic flow and increased the capacity of the roadway the parking restriction should
be made permanent in the interest of public safety.
A review of the traffic conditions by staff, the Safety Commission and the Police Department
show that this Trial Traffic Regulation is operating effectively. Therefore, staff recommends
that the City Council hereby amend Schedule III of the Chula Vista Municipal Code 10.52.280
relating to parking prohibited at all times on certain streets and prohibit parking along the west
curbline of N. Fourth Avenue from SR-54 to C Street.
.FISCAL IMPACT: None.
Attachments: Area Plat
Trial Traffic Regulation No. 114
Safety Commission minutes dated July 8, 1993 (excerpt)
DMWIFXR:File No.: CY-027
WPC F:\home\engincer\agenda\1171.93
11/..2.
RESOLUTION NO.
I'~ ~Q
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SCHEDULE III OF CHULA
VISTA MUNICIPAL CODE SECTION 10.52.280
RELATING TO PARKING PROHIBITED AT ALL TIMES ON
PORTIONS OF NORTH FOURTH AVENUE
WHEREAS, on August 4, 1992, a Trial Traffic Regulation
establishing a parking prohibition on the west side of North Fourth
Avenue was implemented pursuant to the provisions of section
10.12.030 of the Chula vista Municipal Code; and
WHEREAS, signs indicating this prohibition were installed
on July 23, 1992; and
WHEREAS, the Safety Commission, at its meeting of July 8,
1993, voted 6-0-1 (Koester absent) to recommend that the city
Council affirm this Trial Traffic Regulation and pass a resolution
making this prohibition permanent.
NOW, THEREFORE, BE IT RESOLVED that the City
the city of Chula vista does hereby amend Schedule III
10.52.280 relating to Parking Prohibited at All Times
streets, adding provisions regarding North Fourth
follows:
Council of
of section
on certain
Avenue as
Name of Beginning At Ending At Side
Street
N. A point approximately 30 A point approximately West
Fourth ft. south of the south 30 ft. north of the
Avenue curb line of state Route north curbline of "C"
54 street
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
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DR .-WH IY
Dennis M. Wolfe
..
TIT L E
D.-1 [
AREA PLAT
.......-_ Affected Are. ii/-r
---- ---
,
August 4, 1992
File: CY-027
TO:
Honorable Mayor and City Council
VIA:
John D.
Goss, City Manager .., /
Lippitt, Director of Public work~~
FROM:
John P.
SUBJECT:
Trial Traffic Regulation
Pursuant to the provisions of Section 10.12.030 of the Chula
Vista Municipal Code, adopted by Ordinance No. 1625 on May 27,
1975, the City Engineer has determined that in the interest of
minimizing traffic hazards and congestion and for the purpose of
the promotion of public safety, there is hereby established:
SCHEDULE III -STOPPING PROHIBITED AT ALL TIMES ON CERTAIN STREETS
Name of Street
Beainnina At
Endina At
~
N. Fourth Avenue
A point approx.
30' south of the
south curbline of
State Route 54
A point approx.
30' north of the
north curbline of
"c" Street
West
The City Engineer has determined the need to remove parking along
the west curbline of North Fourth Avenue in the area described
above. This area is adjacent to a Target and Dixie Line
commercial center which has adequate off-street parking
facilities. This area of the street has not been used for parking
in the past, and with new striping changes to accommodate higher
traffic volumes and provide for the public good, it is determined
that this area shall be posted "No Parking Any Time" and the
striping changed to provide improved capacity and traffic flow.
Said regulation to become effective upon the posting of signs or
other appropriate notice, and shall run for a trial period of
eight (8) months from the date of such posting, at which time a
review of said regulation will be made to determine if it should
be made permanent.
FXR:dmw
cc: Safety Commission
(C:\DENNIS\TRIAL4TH.DOC)
114
J'I"~
Safety Commission Minutes
July 8, 1993
Page 5
8. REPORT affirming various Trial Traffic Regulations
Frank Rivera presented staff's report.
Earl Biggers, 677 G Street, Space 26, Chula Vista, CA 91910 supported staff's recommendation regarding the
trial traffic regulation on the north side of the 600 block of G Street.
MSC (Thomas/Pitts) to recommend to the City Council affirm the Trial Traffic Regulations listed below and
make them permanent. Approved 6-0-1 with Commissioner Koester absent.
TTR# LOCATION SCHEDULE REGULATION
111 Point Robinhood Schedule III No Parking Anytime
112 Main Street/Otay Valley Road Schedule X 40 MPH
114 N. Fourth Ave. (West Side) Schedule V No Stopping
SR-54 to tiC" Street
11S Third Avenue (East Side) "H" Schedule VI 2 Hour Parking
Street to "I" Street
116 Wueste Road, Otay lakes Schedule X 3S MPH
Road to SCl
117 Olay lakes Road, lane Ave- Schedule X 50 MPH
nue to Wueste Road
118 Second Avenue and "e" Schedule II All-way
Street
119 Quintard Street, Hilltop Drive Schedule X 30 MPH
to Orange Avenue
123 600 block "G" Street (North No Parking of Vehicles over 6 ft. in height
side)
9. ORAL COMMUNICATIONS
Saul Goldstein, 976 Barrett Avenue, Chula Vista, CA 91911, spoke for the disabled. He complimented the
City on installing sidewalk curb ramps for wheelchairs. His main concern was handicapped parking and
making the spaces legal. There were many handicapped parking spaces, but some of them were not legal
according to the letter of the law. In order to make the parking space legal, it needed to have the handicap
logo, sign, and striping. If one, or any, of those items were missing, the ticket could be dismissed in court.
He said that many shopping centers did not have adequate handicapped parking. Beside illegal parking, the
City could use revenue generated from tickets being issued to violators. On another subject, he said that there
was a stop sign on Nacion Avenue, north of Telegraph Canyon Road and that was difficult to see and he
wanted to make staff aware of the situation.
Chair Thomas asked staff to address the legal issue of handicapped parking.
Hal Rosenberg said there were standards for handicapped spaces. He welcomed any comments from Mr.
Goldstein on locations within the City of Chula Vista that he felt the parking spaces were not properly marked.
He would be in touch with the Code Enforcement section of Building and Housing to inspect the spaces. Staff
would be in touch with Mr. Goldstein and report any findings back to the Commission.
1'1' 7.
UNOFFICIAL MINUTES
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item 1.5'
Meeting Date 917193
Resolution 17.1'/1 Amending Schedule VI Section 10.52.340
of the Chula Vista Municipal Code relating to Parking Time Limited on
Certain Streets.. Third Av:n~: /
Director of Public Works If!1/
City Manager l' -7 11" (4/5ths Vote: Yes_No..xJ
ITEM TITLE:
REVIEWED BY:
On August 4, 1992, a Trial Traffic Regulation establishing a 2..hour time limited parking
restriction between the hours of 9 a.m.-6 p.m. in the 500 block of Third Avenue was
implemented pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal
Code. Signs indicating this restriction were installed on September 10, 1992.
RECOMMENDATION: That the City Council adopt the resolution to permanently restrict
parking along the east curb line of the 500 block of Third Avenue between Shasta Street and
I Street.
BOARDS/COMMISSIONS RECOMMENDATION: The Safety Commission, at their
meeting of July 8, 1993, voted 6-0..1 (Koester absent) to recommend that the City Council
affIrm this Trial TraffIc Regulation and pass a resolution making this time restriction
permanent.
DISCUSSION:
Pursuant to the provisions of Section 10.12.030 of the Chula Vista Municipal Code, adopted
by Ordinance No. 1625 on May 27, 1975, the City Engineer, on August 4, 1992, determined
that in the interest of minimizing traffIc hazards and congestion and for the promotion of public
safety, a Trial TraffIc Regulation be established. That regulation being: Schedule VI .. Parking
Time Limited on Certain Streets .. 2 Hour Parking.
Name of Street Beginning At Ending At Side Length of time permitted
Third Avenue A point at the extension A point approximately East 2 hours
of the south curb line of 200 ft. north of the north
Shasta Street curbline of "I" Street
Said regulations became effective upon posting of signs on September 10, 1992 and has run
for a trial period of almost eight (8) months from the date of such posting.
This time limited parking restriction was established in response to complaints from area
businesses and residents in the area that vehicles park for extended periods of time thereby
)~I
~
Page 2, Item J5
Meeting Date 917/93
monopolizing all of the on-street parking. The time limited parking regulation has been
effective in providing equal parking opportunities for business customers and local residents.
A review of the traffic conditions by staff, the Safety Commission and the Police Department
show that the "Two Hour Parking Any Time Between 9:00 AM and 6:00 PM Except on
Sundays and Public Holidays" Trial Traffic Regulation is operating effectively. Therefore, staff
recommends that the City Council adopt the resolution to permanently restrict parking along
the east curbline of the 500 block of Third Avenue between Shasta Street and I Street. Area
businesses have been contacted and are in favor of retaining this parking restriction since it
allows more opportunity for customers to find parking.
FISCAL IMP ACT: None.
Attachments: Area Plat
Trial Traffic Regulation No. 115
Safety Commission minutes dated July 8, 1993 (excerpt)
DMWIFXR:File No.: CY-027
\VPC F:\home\engineer\agenda\parkproh.3rd
IY;J.
RESOLUTION NO.
17.J'I1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AMENDING SCHEDULE VI OF CHULA
VISTA MUNICIPAL CODE SECTION 10.52.340
RELATING TO LIMITED PARKING TIME ON THIRD
AVENUE
WHEREAS, on August 4, 1992, a Trial Traffic Regulation
establishing a time limited parking restriction in the 500 block of
Third Avenue was implemented pursuant to the provisions of section
10.12.030 of the Chula vista Municipal Code; and
WHEREAS, signs indicating this restriction were installed
on September 10, 1992; and
WHEREAS, the Safety Commission, at its meeting of July 8,
1993, voted 6-0-1 (Koester absent) to recommend that the City
Council affirm this Trial Traffic Regulation and pass a resolution
making this restriction permanent.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the city of Chula vista does hereby amend Schedule VI of Chula
vista Municipal Code Section 10.52.340 relating to Parking Time
Limited on Certain Streets adding a provision relating to Third
Avenue as follows:
NaDle of Beginning At Ending At Side Length of
Street TilDe
Permitted
Third A point at the A point East 2 hours
Avenue extension of the approximately 200
south curbline of ft. north of the
Shasta Street north curbline of
"I" Street
Presented by
Approved as to form by
~~U~1wb
Bruce M. Boogaa , City
Attorney
John P. Lippitt, Director of
Public Works
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August 4, 1992
File: CY-027
TO:
Honorable Mayor and City Council
VIA:
John D. Goss, City Manager
FROM:
John P. Lippitt, Director of Public Works
SUBJECT:
Trial Traffic Regulation
In accordance with Section 10.52.330 of the Chula Vista Municipal
Code, adopted by Ordinance No. 973 on April 12, 1966, pursuant to
ordinance or resolution of the City Council, the City Engineer
has determined that in the interest of minimizing traffic hazards
and congestion and for the purpose of the promotion of public
safety, there is hereby established:
SCHEDULE VI - PARKING TIME LIMITED ON CERTAIN STREETS
Name of Street
Beqinninq At
Endinq At
~
Third Avenue
A point at the
extent ion of the
south curbline of
Shasta Street
A point approx.
200' north of the
north curbline of
"I" Street
East
The City Engineer has determined the need to Time-Limit parking
along the east curbline of Third Avenue in the area described
above. This is in response to complaints from area businesses and
residents in the area that vehicles park for extended periods of
-time thereby monopolizing all of the on-street parking. As a tool
to provide equal opportunity for other business customers in the
area and reduce the hardship to area businesses, as well as local
residents, it is determined that this area shall be posted "Two
Hour Parking Any Time Between 9: 00 AM and 6: 00 PM" except on
Sundays and public holidays.
Said regulation to become effective upon the posting of signs or
other appropriate notice, and shall run for a trial period of
eight (8) months from the date of such posting, at which time a
review of said regulation will be made to determine if it should
be made permanent.
FXR:dmw
cc: Safety Commission
(C:\DENNIS\TRIAL2HR.DOC)
115
/5'1,
Safety Commission Minutes
July 8,1993
Page 5
8. REPORT affirming various Trial Traffic Regulations
Frank Rivera presented staff's report.
Earl Biggers, 677 G Street, Space 26, Chula Vista, CA 91910 supported staff's recommendation regarding the
trial traffic regulation on the north side of the 600 block of G Street.
MSC (Thomas/Pitts) to recommend to the City Council affirm the Trial Traffic Regulations listed below and
make them permanent. Approved 6-0-1 with Commissioner Koester absent.
lTR# LOCATION SCHEDULE REGULATION
111 Point Robinhood Schedule III No Parking Anytime
112 Main Street/Otay Valley Road Schedule X 40 MPH
114 N. Fourth Ave. (West Side) Schedule V No Stopping
SR.54 to "(" Street
115 Third Avenue (East Side) "H" Schedule VI 2 Hour Parking
Street to "I" Street
116 Wueste Road, Otay lakes Schedule X 35 MPH
Road to SCl
117 Otay lakes Road, lane Ave. Schedule X 50 MPH
nue to Wueste Road
118 Second Avenue and "(" Schedule II AII.way
Street
119 Quintard Stree~ Hilltop Drive Schedule X 30 MPH
to Orange Avenue
123 600 block "G" Street (North No Parking of Vehicles over 6 ft. in height
side)
9. ORAL COMMUNICATIONS
Saul Goldstein, 976 Barrett Avenue, Chufa Vista, CA 91911, spoke for the disabled. He complimented the
City on installing sidewalk curb ramps for wheelchairs. His main concern was handicapped parking and
making the spaces legal. There were many handicapped parking spaces, but some of them were not legal
according to the letter of the law. In order to make the parking space legal, it needed to have the handicap
logo, sign, and striping. If one, or any, of those items were missing, the ticket could be dismissed in court.
He said that many shopping centers did not have adequate handicapped parking. Beside illegal parking, the
City could use revenue generated from tickets being issued to violators. On another subject, he said that there
was a stop sign on Nadon Avenue, north of Telegraph Canyon Road and that was difficult to see and he
wanted to make staff aware of the situation.
Chair Thomas asked staff to address the legal issue of handicapped parking.
Hal Rosenberg said there were standards for handicapped spaces. He welcomed any comments from Mr.
Goldstein on locations within the City of Chula Vista that he felt the parking spaces were not properly marked.
He would be in touch with the Code Enforcement section of Building and Housing to inspect the spaces. Staff
would be in touch with Mr. Goldstein and report any findings back to the Commission.
Iy 7 UNOFFICIAL MINUTES
COUNCIL AGENDA STATEMENT
SUBMITTED BY:
Item I"
Meeting Date 9/7/93
Resolution 17.:1 Y..2 Approving the filing of an application for
Transportation Enhancement Activities Program Funds under the
Intermodal Surface Transportation Efficiency Act (IS TEA) of 1991 and
designating the City Engineer as the authorized representative for this
program
Director of Public Work~ rr!
City Manager 1&? "1 (4/5ths Vote: Yes_No..xJ
ITEM TITLE:
REVIEWED BY:
The Transportation Enhancement Activities Program was enacted as part of the Intermodal
Surface Transportation Efficiency Act (IS TEA) of 1991. California is scheduled to receive more
than $200 million over a six-year period (six cycles) under this program. Projects must be
clearly associated with the transportation system and should also provide maximum enhancement
to the environment and the affected communities. This resolution will approve the filing of an
application for second cycle funding. The application is for the East H Street BicvclelPedestrian
Transportation Svstem. This project involves the widening of East H Street between a point
approximately 650 ft. west of Buena Vista Way and a point approximately 700 ft. east of Otay
Lakes Road. The widening will provide for bicycle lanes in both directions and sidewalk
installation along the south side of East H Street. Total project cost is $1,135,000.
RECOMMENDATION: That City Council approve the resolution.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
In late 1991, Congress drafted and the President signed into law, the Intermodal Surface
Transportation Efficiency Act (IS TEA). A component of ISTEA is the Transportation
Enhancement Activities Program, a 10% set-aside from the Surface Transportation Program
funding category. Transportation enhancement activities are a means of more creatively and
sensitively integrating transportation facilities into the surrounding communities.
Over the six-year life of the act, approximately $200 million in Transportation Enhancement
Activities funds (TEA) are apportioned to California. Each year, funding is considered to be one
program cycle. Completed application packages must be submitted to SANDAG by September
10, 1993. SANDAG's role in the process will be to evaluate each application following the
screening and ranking criteria set forth in the TEA guidelines. The schedule calls for SANDAG
to complete its evaluation process and submit a regional priority list approved by the SANDAG
Board of Directors to the California Transportation Commission (CTC) by December 15, 1993.
The CTC will review and approve funding for the second cycle projects at their February and
I" ,/
Page 2, Item I ~
Meeting Date 9/7/93
March, 1994 meetings. After completing the CalTrans field review process, agencies could
expect to be in a position to receive funds in mid-1994. Cycle 2 projects will be programmed
for funding in FY 1995, 1996, or 1997. Information provided by CalTrans has indicated a Cycle
2 fund target for the San Diego region of $11 million.
TEA monies must be matched at approximately 80 Federal dollars to 20 non-Federal dollars.
These are reimbursable Federal aid monies subject to all the requirements of Title 23 United
States Code and related Federal and State laws. CalTrans has established the procedures and
criteria for reviewing proposals. Said procedures and criteria established by CalTrans require
application approval by the applicant's governing body. The applications contain assurances that
we must comply with, and if selected, we will need to enter into an agreement with the State of
California to carry out the Transportation Enhancement Activities Project.
Transportation Enhancement Activities must meet three basic criteria, based on instruction from
the Federal Highway Administration:
A) Enhancement activities are over and above normal transportation projects.
Typically, a normal transportation project includes mitigation, standard
landscaping, other permit requirements and provisions negotiated as a condition
of obtaining a permit for a transportation project for a normal [non-enhancement]
transportation project.
B) Project must have a direct relationship to the intermodal transportation system,
which consists of all forms of transportation in a unified, interconnected manner.
This relationship may be one of function, proximity, or impact. For example, a
bikeway is a functional component of the intermodal transportation system.
Removal of outdoor advertising in the viewshed of a highway is justified in light
of its proximity. Water pollution control alongside an existing highway to protect
or improve a drinking water supply would qualify based on the impact of the
highway in terms of water pollution.
C) Projects must be selected from one or more of the 10 eligible activity categories
in order to be counted as transportation enhancement activities. They are:
1. Provision of facilities for pedestrians and bicycles.
2. Acquisition of scenic easements and scenic or historic sites.
3. Scenic or historic highway programs.
4. Landscaping or other scenic beautification.
5. Historic preservation.
6. Rehabilitation and operation of historic transportation buildings,
structures or facilities (including historic railroad facilities and
canals) .
7. Preservation of abandoned railway corridors (including the
conversion and use thereof for pedestrian or bicycle trails).
8. Control and removal of outdoor advertising.
/ /, -.,l..
~ I
Page 3, Item I"
Meeting Date 9/7/93
9. Archaeological planning and research.
10. Mitigation of water pollution due to highway runoff.
This resolution will approve the filing of an application for the following project:
East H Street BicvcleiPedestrian Transportation Svstem. This project involves
the widening of East H Street between a point approximately 650 ft. west of
Buena Vista Way and a point approximately 700 ft. east of Otay Lakes Road.
The widening will provide for bicycle lanes in both directions and sidewalk
installation along the south side of said street section. This project will
complete a missing link in the City's Bikeway Network along a major east/west
corridor. This is the only segment along East H Street, east of 1-805 without
bicycle lanes. The total cost of the project is $1,135,000. Staff will be filing
an application for FY 1994-95 Transportation Development Act funds in order
to obtain the match of $227,000. This is not a commitment to build. If TDA
funds for matching are not available, Council would have the option of dropping
the project. The TEA grant request is $908,000.
FISCAL IMPACT: Potential total revenues to the City of $908,000. The actual amount is
dependent upon the cost of all projects which are approved for funding by the California
Transportation Commission.
SMN:KY-026, KY036
WPC F:\HOME\ENGINEER\AGENDA\EHSTBIKE.1EA
/~ -31/'-1
RESOLUTION NO.
I'}~ '1-'-
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE FILING OF AN
APPLICATION FOR TRANSPORTATION ENHANCEMENT
ACTIVITIES PROGRAM FUNDS UNDER THE INTERMODAL
SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA)
OF 1991 AND DESIGNATING THE CITY ENGINEER AS
THE AUTHORIZED REPRESENTATIVE FOR THIS PROGRAM
WHEREAS, the Transportation Enhancement Activities
Program was enacted as part of the Intermodal Surface
Transportation Efficiency Act (ISTEA) of 1991; and
WHEREAS, California is scheduled to receive more than
$200 million over a six-year period (6 cycles) under this program;
and
WHEREAS, projects must be clearly associated with the
transportation system and should also provide maximum enhancement
to the environment and affected communities; and
WHEREAS, staff recommends the filing of an application
for the East H Street Bicycle/Pedestrian Transportation system
which involves the widening of East H Street between a point
approximately 650 feet west of Buena vista Way and a point
approximately 700 feet east of Otay Lakes Road, for a total project
cost of $1,135,000.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chu1a vista does hereby approve the filing of an
application for Transportation Enhancement Activities Program Funds
under the Intermoda1 Surface Transportation Efficiency Act (ISTEA)
of 1991 and designating the City Engineer as the authorized
representative for this program.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~~d-.
Bruce M. Boo a d, City
Attorney
C:\rs\lSTEA
I~"f/ 1'-'
Trlln.portatlon Enhancement Actlvltle. (TEA) Appll~on Form
GENERAL INFORMATION
FY 94-95 Year PtopoHd X Proposal Is entirely within the RTPA.
Proposal haa altes in more then one RTPA. Proposal is statewide or rnuki-regional in cope. & haa no
gaogaphic 'home'.
TEA PROJECT NAME: East "B" Street Bicycle/Pedestrian Transllortation System
C Pl.1 ANT (Public Agency . __. ZIP -Phone)
City of Chula Vista
276 Fourth Avenue
Chula Vista, CA 91910 (619) 961-5021
ADMINISTERING AGENCY (Addre... Phone)
City of Chula Vista
IllIert igures in current year dollars.
TEA FUNDS REQUESTED S 908.000
NON-FEDERAl. TEA MATCH S 227. nno
TOTAl. TEA PROJECT COST S 1,135 ,000
ID TEA Is a atand-alona project.
o TEA Is art of a Ie r ro S Tatal
Coat
Propoeed tranaportetion enhancement actiYtly win be _ed In aoa of the following cIlvielons. AI out and include the page
Indicated:
. ,. Bicycle. Pedeatrian. Abandoned Rail Right of Way
(Page 4a. )
o 2. HiltoriclArchHologica' (Page 4b.)
o 3. Transportation Aeathetics and Scenic VelUM (Page 41:.)
o
4. Water Pollulion Due to Highw.y Runoll. (Page 4d.)
ranaportation nhancement Activity roject
Repraaentatlve
(NIIITlI, tkle. phone)
Samir M. Nuhaily
Civil Engineer
eraon with day-to-day raapolllibility for project (n different
from project rapreaenlative) (Name, tile, phone)
Mario J. Ingrssci
Assistant Engineer II
(619) 691-5173
(619) 691-5021
BRIEF DESCRIPTION OF PROPOSED TRANSPORTATION ENHANCEMENT ACTIVITIES (not to excHd eo _Ida)
Deacrbe the project's location. aize. etc. (not the juatnicetion or benefila).
The project will widen East "H" Street to accollllllodate bicycle
lanes in both directions, a pedestrian facility along the
south side and wider landscaped medians. It is located in
east Chula Vista between a point approximately 650 feet west
of Buena Vista Way to a point approximately 700 feet east of
Otay Lakes Road.
-
FEDERAl. ENVIRONMENTAl. CLEARANCE FOR TEA PROJECT (clleck propoeed type and etatua.)
Type: _EnmM.......... AIM_t ...!...Calegolical ElrcNIion ~ Impect T' . ment
St.atua: ,.LNot StMed _Co~ate ---.In Progre.. AnticipaIed Con1llation Date:
Name of l.Nd Agency for environmental document
City of Chula Vista
--
June '5. '"3
Pege ,
Include lhle JlIIllI III _h eppnc.tlon.
II,.. 7
I
INFORMATION REOUIRED TO ADDRESS
SCREENING CRITERIA
N any of the applicable acreening criteria below are not mat. the proposal will nOl be ranked or avaluated any further. A.:Dg:
answ.r to anv of tht!!l followino aU..lion. irnmlldialt11N dilioualifi811 the OrOO0I181:
,. Does the project f~ the TEA program?
II Yes
o No
a. DIRECT RELATIONSHIP TO INTERMODAL TRANSPORTATION SYSTEM iI Function 0 Proxi~y 0 Impact
IlriefIy explain diract relationship to lranaportetion ayatem. (How does the proposed activlly enhance the transportation
ayUm?) See attached sheet.
b. OVER AND ABOVE A NORMAL PROJECT iii Vea 0 No
(N the activlly is mentioned in an environmental document .. a requirad mitigation, Of N the activlly Ia required by
permitting agencies to proceed with another project. this activity is not over and above a 'normar project.)
c. WHICH CATEGORY OR CATEGORIES ENCOMPASS THE TEA? (May be..-. than one.)
..L'. Provision 01 facilities for pedellrians and _I. Rehabilitation and operation of hilloric tranaportalion
bicycles. buildings. atrucluras or facilities (including historic
railroad facilities and canals).
_7. Preservation of abandoned railway corridors (including
the conversion and u.. thereof for pedestrian or
bicycle trails).
_I. Control and removal of outdoor advertising.
_t. An:hHological planning and res..rch.
_'0 Mitigation of _er pollution due to highway runoff.
~.
Acquis~ion of acenic easements and acenic or
historic s~es.
_3. Scenic or historic highway programs.
_4. Landscaping and other _nic beautification.
_5. Historic pre..rvation.
2.
Ia the project consistent (or 'not inconsistenr) with federal, state, regional or local land llIe and regional transportation
plans, goals and policies? IltI Yes 0 No -City of Chula Vista's General Plan
Pia... describe the plans used in evaluating consistency: -Chula Vista I s Bicycle Route Facilities
Report
-Regional Plan
Is the project financially viable? iii Ye. 0 No
(The govarning body will be required to sub~ a rasolution to this affect. the project is selacled by the Regional
Transportation Planning Agency.)
3.
4. Is this project _n-defined, _IHullif..d, and ready-t~ in the yaar proposed? iii Ye. 0 No
PIa... describe any evidence supporting this lIatement.
See attached sheet.
5. Does the project improve air qual~ or does ~ have a neutral air qual~ impect? iii Ye. 0 No
Plaa.. describe any evidence supporting this conclu.ion.
See.attached sheet.
I. IS _ project .. proposed iri compliance ~h the Americans with Diaabil~ies Act?
What evidence is there to support this claim? (PIa..e Describe)
See attached sheet.
7. For archaeology and hiIloric pr_rvatlon projacll, is the proposal in compliance ~h the Sacrataly 01 the Intario~s
Standards and Guldeli.... for Archaeological and HiIloric Preservation? 0 Yes 0 No
PIaasa describe any evidence available to support this claim. m Not Applicable
II Yas 0 No
o NOI Applicable
-....
June '5, '"3
Paea 2
Inclucla thle p.ga In ....h application.
It., )'
August 17, 1993
File # KY-026
KY-036
TRANSPORTATION ENHANCEMENT ACTIVITIES
TEA
APPLICATION
EAST "H" STREET BICYCLE/PEDESTRIAN TRANSPORTATION SYSTEM
SCREENING CRITERIA
1a. This project is needed to complete a missing link in the City
of Chula Vista's Bikeway Network along a major east/west
corridor. This is the only segment along East "H" Street east
of I-80S without bicycle lanes. The street widening will
provide bicycle lanes in both directions, a pedestrian
facility on the south side of East "H" Street and wider
landscaped medians. Improved alignment and additional space
for automobiles along this segment of East "H" Street will
also increase the capacity at the Otay Lakes Road
intersection.
4. This project is needed to provide bicyclists with adequate and
safe transportation in the area. East "H" Street has a very
high volume of traffic traveling at high speeds and there have
been several accidents involving bicyclists along this
segment. Although the design has not been completed, this
project is well defined and extremely feasible. Project can
be designed and constructed in FY 94-95 upon availability of
funding.
5. The project will provide adequate routes for bicyclists and
pedestri~ns along an important east/west thoroughfare
encourag~ng non-motorized travel. The project will lower the
number of automobile trips and thereby improve congestion on
East "H" Street. These will all contribute to cleaner air.
6. Yes, all improvements will be in compliance with the Americans
with Disabilities Act. All existing facilities which are not
in compliance will be brought into compliance. This includes
installation of pedestrian ramps and other facilities required
under the ADA regulations.
2A
I~ "1
INFORMATION REQUIRED TO ADDRESS
SCORING CRITERIA
1. Aeain".' ."d eGmrnunltv ~nh.ne.m8nt (Maxin'IJm 50 points)
Plea.. .xplain the activity'. Primary .Ilact. . b int.nt and purpo.. . on the following elements:
a. How cIoa.th. project improve overall qualfty-of-Iif.. communfty, anellor environment? (Maximum 10 points)
See attached sheet.
b. Oaacriba how the activfty 1ncN.... aoca.. to activfty cantara, auch u buainaaaaa, achool., _&IIliona1 _ and
ahopping ar.... Doe. the JlfOPO&8d project connact tranaportalion mode., or cIoa.1ha activlly have oth.r _Ii-modal
upacta? Ooaa th. projact reinforce or complement 1ha regional tranapol1ation ayatam, or fill a defICiency In 1ha .,atam?
(MaxImum 8 point.)
See attached sheet
c. Oaacriba how activity implements goals in 1ha regional transportation plan, or other adopted fadaral, aIat., or local plana.
(Max. 8 points)
See attached sheet
d. Pie... .xplain the degree to which the projact incr..... availabllfty or awaren... of hi.toric, communfty, visual or
naturel resource.. (Maximum 8 points)
See attached sheet
e. PIa... daacrfbe evldenc. of degr.. of regional or communfty aupport and summarize that aupport below.
(Maximum 8 point.)
See attached sheet
f. " the project .ncomp..... more than on. of the activfty-apecllic division., explain. (projecla can acore in only ona of the
activlty.spacllic division. below) (Maximum 8 point.)
See attached sheet
2. en.. ~ff~l\Mn..&JR...o"ml. eo., (Maximum 1 0 point.)
What is the anticipat.d Ill. of th. facllfty or product reauking from this project in y.ara?
What is the lotal capftal coil of th. project? S 1 . 135 . 000
Pie... indicat. how rea.onabl. or coil .Ilactiv. th. project i. on th. following scal.:
il Highly Coil EIlective! Vary R...onable Coil. 0 R...onable Coatal Moderat.1y Coil EIlactiv.
OLe.. than R.a.onable Collal Low Coat EIlectiven... 0 Not Coat EIlectivelCoat. Are Not Raaacnable
50 year.
Show any information, calculation., .xamples or comparison. that .xpl~in your selection abov.. Attach additional information
See attached sheet.
a. ....._ N_ (Maximum 5 pointa)
Ara the enhancements proposed thraatenad, or will an opportunity be lost I the project is not funded? I!I Ve. 0 No
PIa... explain the spaclic threats or opportunliea lost.
See attached sheet.
4. AetIvllv.S....,HIe J;nhan..._nt Dlvlalana (Maximum 40 points) Project can acore In only lIIlI of the following activily-
spacllic dlvlaiona.
In which category ahould thia propaaaJ be evaluated? SaIact only lIIlI:
il 1. Bicycle, Padaatrlan, Abandoned Rail Right of Way 0
02. Historic/Archaeological 0
3. Tranaportation Aallhatica and Scenic VaIuu
4. Water Pollution Due to Highway Runoff.
....... ena_r quaatlona for the aalactad dlvlalon. Only Include that Dlvlalon page In the appllc8Ilon.
-.....
June 15. 1.13
Page 3
Include thla pegs In each appllctllloa
I~ 'It)
Auaust 17. 1993
File # KY-026
KY-036
TRANSPORTATION ENHANCEMENT ACTIVITIES
TEA
APPLICATION
EAST "H" STREET BICYCLE/PEDESTRIAN TRANSPORTATION SYSTEM
SCORING CRITERIA
Reqional and Communitv Enhancement
1a. This proj ect will greatly improve bicycle and pedestrian
circulation and complete important connections in the Chula
Vista bicycle network. This will encourage more people to
walk or ride a bike and will create less congestion resulting
in improved air quality. This segment of East "H" Street will
also become more a scenic roadway because of the additional
landscaping to the medians and the southerly parkway.
lb. This project will provide for bicycle connections between
several activity centers. It provides for safe commuting
between residential, school,. business, commercial and
recreational areas in East Chula Vista.
Southwestern College, Bonita Vista High School and two
shopping centers are located along this portion of East "H"
Street at Otay Lakes Road. East "H" Street has become the
maj or east/west connection between Central Chula Vista and the
developing Eastern Territories, with several large
business/commercial centers and residential neighborhoods
along or adj acent to it. Otay Lakes Road is the maj or
connection between Eastern Chula Vista and the Bonita area.
It serves many recreational business and shopping areas.
Completion of this missing link will enhance the use of the
existing regional bikeway network.
1c. This project will provide the bicycle lanes called for in the
Chula Vista Bicycle Facility Plan and in the City's General
Plan.
3A
I" -1/
Auaust 17. 1993
File # KY-026
KY-036
TRANSPORTATION ENHANCEMENT ACTIVITIES
TEA
APPLICATION
EAST "H" STREET BICYCLE/PEDESTRIAN TRANSPORTATION SYSTEM
SCORING CRITERIA
1d. Landscaped medians and parkway will provide a more scenic
route for bicyclists, pedestrians and motorists
1e.
There is public support for this facility.
from bicyclists who use East "H" Street.
It comes mainly
If.
There will be improved landscaping in the
along the southerly parkway providing a
route.
wider medians and
much more scenic
2. This project will install the last missing link in the bicycle
facilities along East "H" Street. The project's proximity to
activity centers and other existing bikeways has the potential
to attract many additional bicyclists. Every gap that is
eliminated in the regional bikeway network encourages more
people to ride their bikes. The bicycle lanes will also
greatly improve the safety of bicyclists and reduce accidents.
3. The city will not be able to construct this project without
assistance from a State or Federal funding source.
Circulation difficulties and issues pose a pressing need to
design and construct this project as soon as the city is able
to.
3B
It. ./J-.
Divislcln 1
1. Bicycle, hdestrilln or Abandoned Rail Rillht-of.Wey Propoaals:
ao What is ths nssd lor ths proposad activity? PIaus specify high. macium. or low and explain your answar. For
example, is thara a shortage 01 pedestrian or bicycle facililias available? Is tha,. a missinlllink in connactinll tha
lntarmodalsystem; how important is k? How nac_ary aN new lacilkiaa ..lYinll tha system? (Maximum 20 points)
See attached sheet.
b. How wan does the proposal maet or address the opportunkies aneilor nlads for bicycle or pedestrian lacllkies?
(Maximum 20 points)
See attached sheet.
-....
June 15. 1883
,
Page 4a
Inctucla only one Page 4 in _h .pllcMlon.
I~'I:J
~ ,
Aucrust 17. 1993
File # KY-026
KY-036
Activitv - Specific Enhancement Divisions
DIVISION I
Bicycle/Pedestrian Proposal
EAST "H" STREET BICYCLE/PEDESTRIAN TRANSPORTATION SYSTEM
1a. There is a very high need to install these bicycle and
pedestrian facilities along East "H" Street. The proposed
bicycle lanes are needed to complete a very important missing
link in the City of Chula Vista's Bikeway Network. Several
other bicycle routes and lanes connect with East "H" Street,
one of the City's major east/west bikeway corridor. East "H"
and Otay Lakes Road form a major bikeway crossroad in Eastern
Chula Vista and connect with other regional bikeways. The
location of several large schools and shopping centers
adjacent to this segment will generate many additional bicycle
and pedestrian trips. This will reduce automobile trips in
the area.
There are several miles of existing bicycle lanes along East
"H" Street; west of the project connecting with Central Chula
Vista and business and commercial centers along the way; and
east of the project connecting with the developing Eastern
Territories.
At the project location the roadway narrows so that there is
only room for 3 lanes of traffic in each direction and a
narrow median. The high speeds and lack of space has made it
very dangerous for bicyclists. This project will eliminate
the last gap of bicycle lanes along East "H" Street, providing
high school and college students a much safer bikeway and
encouraging others to ride. Also, pedestrians along the south
side of the street will now have a sidewalk to use. .'
The addition of this very integral segment of bicycle lanes
will encourage many college students and people living in the
neighborhoods along East "H" Street to commute by bicycle,
greatly assisting the regional effort to have people use
alternate forms of transportation. The additional landscaping
in the medians and along the south side of East "H" Street
will also make for a much more pleasant walk or ride.
4B
I/, "/,/
-,
Aucrust 17. 1993
File # KY-026
KY-036
Activitv - Soecific Enhancement Divisions
DIVISION I
BICYCLE/PEDESTRIAN PROPOSAL
EAST "H" STREET BICYCLE/PEDESTRIAN TRANSPORTATION SYSTEM
lb. The project will eliminate the last gap in the bicycle lanes
along East "H" Street, resulting in continuous bicycle lanes
from Interstate B05 to the easterly city limits, a distance of
almost 6 miles.
This section of bicycle lanes will provide direct access to
Southwestern College, Bonita Vista High School, two shopping
centers and the residential neighborhoods adjacent to the
project as well as a safe route for bicyclists passing through
the area and connecting with other bikeways in the region.
The proximity to activity
mile long facility will
commuting and recreational
centers, improved safety and
attract many bike riders,
purposes.
a 6
for
(F:\HOME\ENOmEBR\ADVPLAN\H-St- TEA.APP)
4C
It, ",
ASSURANCES
CommilmenVPrior Commitment:
Has the project IIPPlic..,t or .dminiat.rinll agency certified that k ia willing and able to maintain ..,d operat.the project?
61 V..
o No
PIeaH deacrI>e the best avidance ci th. cerlification available. If none is avaJIable. when can _ be provided?
Project applic.nt po.......lagal .uthority to nomlnat.trenapol1ation enhancament ectlvlly and to linance. IICCI.... and construcltlle propoaed
project; and by lormal ection (..11.. . resolution) the applicant .gency'. peming body .uthoriZe.tIle nomination of tile trenapol1ation
enh_ament ectivily. includinll .11 understandinll end assurances contelned tIle..in. and 8UIhorizes tile person identified . tile oIlicial
repreaenteliv. 01 tile applicentto ect in connection with the nomination and to provide .uch eddItional information. may be required.
project applicant will maintain end operat.tIle property acquired, developed. ..hebllitated. or _orad lor the lie ci tile resullanl Iacllily(ie.) or
activlly. With tha approval of the CaIKomia Depsrtment of Trenapollation. tile applicant or .. .ucc...ors in inte_ in tile property may treNler
the responaibUIly to maintain ..,d operlllethe property.
Project applic.nt wllllliv.th. Calilomia Depertmant 01 Transportation'. repr_ntsIiv. _.to and tile righlto ...mine ell records. boolcs.
papers. or documant. reI.ted to the tranaportalion enhancement ectivily.
Project applicant will c.u.. work on th. project to be commenced wlthln . ....onable time alI.r receipt 01 notlliclllion from the State thllllunds
have basn approved by the Feeler.' Highway Administr.tion end thIII the project will be carried to completion wlth ....onable diligence.
Project applic.nt will comply where appIicab1. wlth provision. of the Calilornia Environmental Quellly Act. tile Nlllionel Environmental Policy Act.
tile American. wlth Diubllhi.. Act, the Sec..t.ry of the Int.rio(. Standards end Guldelin.. lor Archeology end Hiatoric Pre..rvation. ..,d q
oth.r lederal, atlll., ..,elIo< 1oc.llsws, rule. .nellor regulation..
I certify that th. information contained in this t..nsportation enhanc.ment activiIy application. includinll requir.d aIlachmenls. is accurate .nd
th.tl have ...d .nd underst.nd the import.nt information .nd .llr.eto the assu..nc.. on this lorm.
Sign.d Oat.
(TEA Applicant'. Authorized R.p....ntativ. .. .hown in R.solution)
Printed (N.me.ndTkIe) Clifford L. Swanson
Deputy Public Works Director/City Engineer
-....
June 15, 111113
P.ge 5
Include thle page In _h .....Unllon.
I/, "14,
COST ESnMATE FORMAT
..D~All
Preliminary Engineering
Right of Way (Acquisition'Utility Relocation) - includes capital and IUppor\ costs
Construction Contraclllams $ 768.000
Agency.Fumishad Materials $
Slblotal $ 768.000
Contingencies $ 115.000
Construction Contracl Total
Construction Engineering.
Total Construction
$125.000
$ 50.000
. 883.000
$ 77 .000
$960.000
ITEM I!;STIMA TE
"Am rlAMrintion Unit OuRntiW Unit Pm Amount
(Umll construction lIem estimate to 1 sheat. Enter total as "ConstrucIionContract IIams", 8bove.)
SUMMARY
+ B
Match
Funds"
PHASES:
A
Federal
Funds
.
C
TEA
Cost
o
Total
Cost"
Preliminary Engineering -0- 1 ?~.ooo 12~.000
Right of Way 50.000 -0- 50.000
Construction RGoR non 102.000 960.000
Total Cost 908.000 227.000 1.135.000
. Source(s) of Match:
.. Enter costs in '0' ooIumn only when proposed TEA is part of a larger pltljac\, rather then a
stand-alone TEA project.
Preliminary Engineering
Right of Way
Construction
Total Cost
CASH FLOW CHART
F.-IYr94195 F.Y.95196 F.Y.96197
125.000
50.000
960.000
Beyond 96197
COST I!;STIMATE CHI!;CKLIST
To discuss cost Implications of nla 23 Federal-aiel requirements: Con\aCl Caltrans District.
" Right of Way phase it involved: Contact Caltrans Diatrict.
" another agency will be administering the project: Include lis charges for admlnislaring.
" proposed TEA is diraclly related to the State Highway: Obtain signature:
District _ recommands that match be provided from the State Highway Account.
District OiracIor:
Date
" proposed TEA is land~pi<lg on the State Highway right of way: Obtain lignatures:
District _ recommands that maint8MllC8 be provided by Callrans 4 yeers aftar planting.
Oate
Date
Date
District Landscape ArchItect:
District Maintenance:
Headquarters Maintenance:
Application Format
June 15, 1893
I/, --/7
TRANSPORTATION ENHANCEMENT ACTIVITIES
(ISTEAl
File No. KY-026
File No. KY-036
CITY OF CHULA VISTA
ENGINEERING DIVISION
ENGINEER'S ESTIMATE
PROJECT TITLE: EAST 'H' STREET BICYCLE 1 PEDRESTRIAN
TRANSPORTATION SYSTEM
DATE'
PREPARED BY'
CHECKED BY,
8/16/93
MJI
SMN
NO. ITEM QUANITIY UNIT UNIT PRICE AMOUNT
1 GRADING ITEMS LS LS S25,OOO.OO S25,OOO
2 REMOVAL OF SURFACE IMPROVEMENTS LS LS S80,OOO.00 S80,OOO
3 RESTORATION OF EXISTING IMPROVEMENTS LS LS S4O,OOO.00 S40,OOO
4 BASE 60,000 SF SO.80 S48,OOO
5 AC PAVEMENT AND SURFACE IMPROVEMENTS 60,000 SF S2.00 S120,OOO
6 MEDIAN CURB 6,600 LF SI0.00 S66,OOO
7 PCC CURB & GUTTER 500 LF SI2.00 S6,OOO
8 CURB, GUTTER, AND SIDEWALK 5,000 LF S20.00 SI00,OOO
9 CONCRETE SURFACE IMPROVEMENTS 2,000 SF S3.00 S6,OOO
10 RELOCATE UNDERGROUND UTILITIES LS LS S80,OOO.OO S80,OOO
11 RELOCATE STREET LIGHTS 10 EA $800.00 S8,OOO
12 PCC WHEELCHAIR RAMPS 14 EA S650.00 S9,100
13 DRAINAGE IMPROVEMENTS (C.O.,C.I.,x-GUT.,ETC) LS LS S35,OOO.00 S35,OOO
14 TRAFFlC CONTROL LS LS S60,OOO.OO S60,OOO
15 MODlFY & RELOCATE TRAFFlC SIGNALS LS LS S35,OOO.00 S35,OOO
16 SIGNING, STRIPING & PAVEMENT MARKINGS LS LS S5,OOO.00 S5,OOO
17 LANDSCAPING 1 IRRIGATION LS $45,000.00 S45,OOO
SUBTOTAL S768,I00
RIGHT OF WAY S50,OOO
ENVIRNMENTAL ANALYSIS $10,000
ENGINEERING DESIGN (15%) S115,215
CONST. ENGINEERING CONTINGENCIES (15%\ $115,215
INSPECTION STAFF COSTS (10%) $76,810
PROJECT TOTAL $1,135,340
SAY $1,135,000
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Cl
COUNCIL AGENDA STATEMENT
REVIEWED BY:
Item 17
Meeting Date 9/7/93
Resolution 17 ~ "3 Approving Uniform Fare Structure Agreement
for Transit Services A../ /
Director of Public Works lIf:r
City Manager 1& ~ 1/ (4/5ths Vote: Yes_No.1O
ITEM TITLE:
SUBMITTED BY:
The Uniform Fare Structure Agreement incorporates three major cooperative functions among
area transit operators under Metropolitan Transit Development Board (MIDB) jurisdiction: a
cash fare structure; transfer procedures; and regional tickets and passes, including distribution of
revenue among operators. This agreement, which has been in effect since 1981, is updated
annually. The FY 1993-94 agreement was approved by the MTD Board of Directors on June 24,
1993. The primary changes to the agreement for FY 1993-94 include cash fare increases for San
Diego Transit and the San Diego Trolley, and cost increases for some regional passes. MTDB
requires participation in this agreement as a condition for receipt of Transportation Development
Act (IDA) funds in accordance with Section 99284 of the Public Utilities Code.
RECOMMENDATION: That Council adopt resolution approving Uniform Fare Structure
Agreement.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
This agreement coordinates transit service for fixed route and dial-a-ride transit operators under
MIDB's jurisdiction receiving IDA Article 4.0 and 4.5 funds. Coordination functions include
transfers among operators, establishment and maintenance of a uniform fare structure, and
revenue distribution to operators from regional tickets and pass sales. The following fixed route
operators participate in this agreement: County of San Diego Transit System (CTS); MTDB
contract operators; National City Transit (NeT); North County Transit District (NCTD); San
Diego Transit (SDT); San Diego Trolley (SDTI); and Chula Vista Transit (CVT). The IDA
Article 4.5 funded dial-a-ride operators, including Chula Vista HandYtrans, were added to the
agreement in FY 1992-93 to provide Complementary Paratransit Service for the Article 4.0
funded fixed route operators in compliance with the Americans with Disabilities Act (ADA).
ADA certified passengers may transfer between fixed route and dial-a-ride services by paying
the appropriate fare as specified in the agreement. The fares differ depending on the fixed route
system used and the distance traveled.
The primary changes to the FY 1993-94 agreement are: deletion of all references to "SCOOT"
and inserting "Chula Vista Transit (CVT)" since SCOOT was dissolved effective June 30, 1993;
17-)
Page 2, Item 17
Meeting Date 9/7/93
fare increases on "Urban Route" cash fares (primarily San Diego Transit service); increases to
certain Express and Commuter Express services; and changes to various regional monthly pass
prices and regional ticket prices (for example, increases in the various adult monthly passes range
from $1 to $3, the Senior/Disabled monthly pass increased from $11 to $12, and the Youth
monthly pass increased from $21 to $22). Most CVT riders who purchase regional monthly
passes use three types: bus and trolley pass which increased from $47 to $48; the
Senior/Disabled pass; and the Youth pass. Therefore, the cost impact of these pass price
increases on CVT riders is a $1.00 increase for monthly pass holders.
Participation in this agreement enhances coordination among various operators in the region,
resulting in better service to the public, and also provides a mechanism for distributing regional
pass revenues among operators.
FISCAL IMPACT: CVT's share of regional pass sales revenue in FY 1992-93 (fiscal year
ending June 30, 1993) was $484,000, or approximately 41 % of CVT's total fare revenue of
$1,176,395. Staff estimates that CVT will receive at least this same per cent of regional pass
revenue in FY 1993-94.
Attachment:
Uniform Fare Structure Agreement NOT SCANNED
BG:Flle No.:DS-019JDS-032
WPC F:\bome\engineer'\agenda\farestrn.agm
1 7".2.
RESOLUTION NO.
) 7.}. '1:1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING UNIFORM FARE STRUCTURE
AGREEMENT FOR TRANSIT SERVICES
WHEREAS, the Uniform Fare Structure Agreement
incorporates three major cooperative functions among area transit
operators under Metropolitan Transit Development Board (MTDB)
jurisdiction: a cash fare structure; transfer procedures; and
regional tickets and passes, including distribution of revenue
among operators; and
WHEREAS, this agreement, which has been in effect since
1981, is updated annually; and
WHEREAS, the FY 1993-94 agreement was approved by the MTD
Board of Directors on June 24, 1993; and
WHEREAS, the primary changes to the agreement for FY
1993-94 include cash fare increases for San Diego Transit and the
San Diego Trolley, and cost increases for some regional passes.
MTDB requires participation in this agreement as a condition for
receipt of Transportation Development Act (TDA) funds in accordance
with Section 99284 of the Public utilities Code.
NOW, THEREFORE, BE IT RESOLVED that the city council of
the City of Chula vista does hereby approve the Uniform Fare
Structure Agreement for Transit Services, a copy of which is on
file in the office of the City Clerk.
BE IT FURTHER RESOLVED that the Mayor of the city of
Chula vista is hereby authorized and directed to execute said
Agreement for and on behalf of the city of Chula vista.
Presented by
Approved as to form by
John P. Lippitt, Director of
Public Works
~~~F
Bruce M. Boog ar City
Attorney
F:\homc\aUomey\uniform.fu
/7' :J
COUNCIL AGENDA STATEMENT
ITEM TITLE:
Item /Y
Meeting Date 9/7/93
RESOLUTION /7 .2~~pprOving the 17th amendment to the agreement
between the City of Chula Vista and the San Diego Unified Port District for
grounds and comfort station maintenance at the "J" Street Marina Bayside
Park and adjacent landscape medians
SUBMITTED BY: Director of Parks and Recreatio~
d'~
REVIEWED BY: City Manager [r; 1 'II (4/5ths Vote: Yes_No.l0
On November 17, 1992, the Council authorized the revised 16th amendment to an agreement
with the San Diego Unified Port District for grounds and comfort station maintenance at "J"
Street Marina, Bayside Park, and the landscape medians on Tidelands during fiscal year
1992-93.
RECOMMENDATION: That Council approve the 17th amendment to the agreement and
authorize the Mayor to execute said agreement.
BOARDS/COMMISSION RECOMMENDATION: Not applicable.
DISCUSSION:
The "J" Street Marina and Bayside Park FY 1993-94 budget of $210,890 was approved and
adopted by Council on June 22, 1993.
The agreement for 1993-94 provides the same level of maintenance with an administrative
overhead charge of $87,514. The overhead amount is included in the maintenance agreement
for a total contract of $298,404.
The agreement requires the Port District to reimburse the City the approved budget amount on
a quarterly basis beginning on July 1, 1993.
Exhibit "A" of the attached contract includes a copy of the budgets approved by Council for FY
1991-92 and FY 1992-3 and the new fiscal year budget approved on June 22, 1993; and the
agreement to cover the 12-month period from July 1, 1993 through June 30, 1994.
FISCAL IMPACT: The revenues from this agreement will fully reimburse the City's operating
and administrative expenditures budgeted in 1993-94 fiscal year.
WPC F:\home\parksrec\1138.93
18'''1/1'''1.
RESOLUTION NO.
I '1:l &/'1
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA APPROVING THE SEVENTEENTH
AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
CHULA VISTA AND THE SAN DIEGO UNIFIED PORT
DISTRICT FOR GROUNDS AND COMFORT STATION
MAINTENANCE AT THE IIJII STREET MARINA BAYSIDE
PARK AND ADJACENT LANDSCAPE MEDIANS
WHEREAS, Resolution No. 16891 authorized the 16th
Amendment to an Agreement with the San Diego Unified Port District
for grounds and comfort station maintenance at "J" Street Marina,
Bayside, and the landscape medians on Tidelands during fiscal year
1992-93; and,
WHEREAS, the budget for 1993-94 provides the same level
of maintenance with an administrative overhead charge of $87,514,
which overhead amount is included in the maintenance agreement for
a total budget of $298,404.
NOW, THEREFORE, BE IT RESOLVED that the city Council of
the City of Chula vista does hereby approve the Seventeenth
Amendment to an Agreement between the city of Chula vista and the
San Diego Unified Port District for grounds and comfort station
maintenance at the IIJII Street Marina, Bayside Park and adjacent
medians in San Diego Unified Port District Property, a copy of
which is on file in the office of the City Clerk.
BE IT FURTHER RESOLVED that Mayor of the city of Chula
Vista be, and he is hereby authorized and directed to execute said
Agreement for an on behalf of the City of Chula vista.
Presented by
Approved as to form by
it':
Cl.ty
Jess Valenzuela, Director of
Parks and Recreation
C:\rs\17thAmcnd Port District
II":J //8,1/-
SEVENTEENTH AMENDMENT TO AN AGREEMENT BETWEEN THE
CITY OF CHULA VISTA AND THE SAN DIEGO UNIFIED PORT
DISTRICT FOR GROUNDS AND COMFORT STATION MAINTENANCE
AT THE "J" STREET MARINA, BAYSIDE PARK AND ADJACENT
MEDIANS IN SAN DIEGO UNIFIED PORT DISTRICT PROPERTY
THIS AMENDED AGREEMENT, made and entered into this 11h day of September,
1993, by and between THE CITY OF CHULA VISTA, a municipal corporation, hereinafter called
"CITY", and THE SAN DIEGO UNIFIED PORT DISTRICT, a political subdivision of the State of
California, hereinafter called "DISTRICT";
W!TNESSETH~
WHEREAS, the San Diego Unified Port District and the City of Chula Vista executed an
agreement for maintenance of Port District property at the" J" Street Marina on September 28,
1977,and
WHEREAS, said agreement provided for the extension and amendment of the agreement
when mutually consented to by the parties, and
WHEREAS, both parties mutually agree to extend said agreement and to expand the
maintenance area.
NOW, THEREFORE, IT IS MUTUALLY UNDERSTOOD AND AGREED by and between
the parties as follows:
1. MAINTENANCE TO BE PROVIDED
See attached Exhibit A.
2. AREAS TO BE MAINTAINED
See attached Exhibit B.
3. EXCEPTIONS TO DUTIES
It is understood and agreed that the cost for maintenance as set forth in Paragraph
1 of this agreement does not cover materials, or labor, or repairs of the structures,
building or landscaping as a result of major vandalism or destruction from any
cause whatsoever. Such repairs or replacements shall be considered to be over
and above ordinary maintenance and will be performed by City forces only after
approval by the District and actual costs for material and labor involved in such
repairs will be billed to the District. Major vandalism shall be defined as any
one-time cost (including material and labor) amounting to more than $500.00.
'1'.,5
4. CONSIDERATION
In consideration for the City's maintenance of the area defined in attached Exhibit
B for fiscal year 1993-94, the District shall pay to the City $298,404. Payment to
be made quarterly on July 1 and October 1, 1993 and January 1 and April\ 1, 1994.
5. TERM AND TERMINATION
The term of this amendment shall be for the fiscal year from July 1, 1993 to and
including June 30, 1994, provided, however, either party may terminate this
agreement at any time by giving the other party notice in writing sixty (60) days
prior to the date of termination. It is further provided that said agreement may be
renewed each fiscal year subject to the same sixty (60) day termination provision
and subject to mutual agreement between the parties as to the annual
consideration to be' paid by District for said services for said fiscal year. In the
event that employee salaries have not been established for the fiscal year, the
parties agree that the consideration shall be adjusted retroactively from July I to
the time salaries are established. Said retroactive adjustment shall be effective
upon written notice by the Director of Parks and Recreation to the Port District.
6. HOLD HARMLESS
District agrees to indemnify and hold harmless the City of Chula Vista against and
from any and all damages to property or injuries to or death of any person or
persons, including employees or agents of the City, and shall defend, indemnify
and hold harmless the City, its officers, agents and employees, from any and all
claims, demands, suits, actions or proceedings of any kind or nature, of or by
anyone whomsoever, in any way resulting from or arising out of the negligent or
intentional acts, errors or omissions of the District or any of its officers, agents, or
employees.
City agrees to indemnify and hold harmless the San Diego Unified Port District
against and from any and all damages to property or injuries to or death of any
person or persons, including employees or agents of the District, and shall defend,
indemnify and hold harmless the District, its officers, agents and employees, from
any and all claims, demands, suits, actions or proceedings of any kind or nature,
of or by anyone whomsoever, in any way resulting from or arising out of the
negligent or intentional acts, errors or omissions of the City or any of its officers,
agents, or employees.
7. INSURANCE
A. District shall, throughout the duration of this Agreement maintain
comprehensive general liability and property damage insurance covering all
operations hereunder of District, its agents and employees including but not
limited to premises and automobile, with minimum coverage of One Million
Dollars ($1,000,000) combined single limits. Evidence of such coverage,
in the form of a letter indicating self-insurance shall be submitted to the City
Clerk at 276 Fourth Avenue.
18"'~
Said Policy or policies shall provide thirty (30) day written notice to the City
Clerk of the City of Chula Vista of cancellation or material change.
City shall, throughout the duration of this Agreement maintain
comprehensive general liability and property damage insurance covering all
operations hereunder of City, its agents and employees including but not
limited to premises and automobile, with minimum coverage of One Million
Dollars ($1,000,000) combined single limits. Evidence of such coverage,
in the form of a Certificate of Insurance and Policy Endorsement which
names the District as Additional Insured, shall be submitted to the San
Diego Unified Port District, P. O. Box 488, San Diego, CA. 92112.
Said Policy or policies shall provide thirty (30) day written notice to the San
Diego Unified Port District of cancellation or material change.
B. City shall also carry Worker's Compensation insurance in the statutory
amount and Employer's Liability coverage in the amount of $500,000;
evidence of which is to be furnished to District in the form of Certificate of
Insurance.
8. ATTORNEYS FEES
In the event of any dispute between the parties, the prevailing party shall recover
its attorney fees, and any costs and expenses incurred by reason of such dispute.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed
the day and year first above written. .
CITY OF CHULA VISTA
SAN DIEGO UNIFIED PORT DISTRICT
by: Assistant Port Director
Mayor of the City of Chula Vista
ATTEST
City Clerk
Approved as to form by
Approved as to form by
Joseph D. Patello, Port Attorney
Bruce M. Boogaard, City Attorney
WPC F:\homo~rt<s..cI' 136.93
JT~7
EXHIBIT' A'
MAINTENANCE PROVIDED FOR "J" STREET MARINA, BAYSIDE PARK,
LANDSCAPE MEDIANS
I. Employee Services 1991-92 1992-93 1993-94
5101 Salaries and Wages 104,420 112,395 111,810
5103 Overtime 1,930 1,800 1,720
5105 Hourly Wages 10,240 11 ,240 11,130
5131 Sick Leave Pay-in-Lieu 170 _n 390
5141 Retirement Contribution 15,170 16,333 17,310
5142 Employee Benefit Plan 17,270 22,296 21,090
5143 Medicare Contribution - City 1,770 883 910
.
5144 Worker's Compensation 120 230 ---
5145 PARS Contribution - City --- 422 420
TOTAL 151,090 165,599 164,780
WPC F:\homo'f>ar1<srocI274.92
J<j'~r
II. Supplies and Services 1991-92 . 1992-93 1993-94
5252 Telephone 250 250 220
5253 Trash Collection 7,020 4,500 5,140
5268 Service to Maintain Other Equipment 390 390 390
5269 Equipment Maintenance - City Forces 11 ,400 12,340 14,740
5281 Laundry & Cleaning Services 660 660 660
5298 Other Contractual Services 5,280 8,830 7,980
5302 Janitorial Supplies 2,410 2,200 2,200
5304 Wearing Apparel 360 360 360
5341 Small Tools 210 210 210
5351 Landscape Supplies 7,940 7,940 7,940
5362 Materials to Maintain Buildings,
Streets & Grounds 6,270 10,470 6,270
5398 Other Equipment --- n_ ---
TOTAL 42,190 48,150 46,110
.
III. Capital EqiJipment 1991-92 1992-93 1993-94
5568 Other Equipment --- 1,090 ---
TOTAL _n 1,090 n_
IV. Administrative Overhead 1991-92 1992-93 1993-94
(.7827 x 111,810) 81,730 87,971 87,514
GRAND TOTAL 275,010 302,810 298,404
WPC F:_-.,._.c\274.92
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S.D. UNIFIED PORT DISTRICT
MAINTENANCE AGREEMENT
1/15/f!2
1a"'IO
Item No. 19
Date
917/93
19. PUBLIC HEARING CONSIDERATION OF GRANTING A FRANCHISE LAIDLAW
WASTE SYSTEMS, INC. FOR RESIDENTIAL YARD WASTE RECYCLING
COLLECTION SERVICES
staff recommends that the public hearing be continued to the
meeting of 9/14/93.
1'''/
COUNCIL AGENDA STATEMENT
Item .20
Meeting Date 9/7/93
ITEM TITLE:
Public Hearing to consider adoption of an interim pre-SR-125
Development Impact Fee and to consider modification of the existing
Transportation Development Impact Fee (continued from July 27, 1993)
SUBMITTED BY: Director of Public Works
/fIL1/
REVIEWED BY: City Manager db 1 fJ
(4/5ths Vote: Yes_NoX)
On July 27, 1993, Council opened the Public Hearing regarding revision of the existing Eastern
Chula Vista Transportation Development Impact Fee (T-DIF) and the creation of a new fee
related to the construction of an interim roadway system prior to construction of SR-125
(interim pre-SR-125 fee). Council directed staff to work wi* the developers toward a
consensus on how the fees should be structured, and return the item at the September 7
meeting. Council also asked staff to address specific issues raised at the July 27 meeting.
RECOMMENDATION: That Council continue the public hearing until September 14, 1993.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
Since the July 27, 1993 meeting, staff have held several internal meetings, and the developers
likewise have held at least one meeting on the fees. Staff then sponsored a meeting with the
developers in which information was shared regarding financial impacts of different
alternatives. At this point, there is still disagreement on major cost issues. If it appears that
agreement could be reached by other alternatives, then staff will ask for a longer continuance
at the September 14,. ~meeting. If no resolution is in sight, then we will hold the public
hearing on Septemb~ 1993.
~.1r ~~tqq8,
CST:SB/ENGlNEER/AGENDAlSRCONT
090193
.211 -/
MEMORANDUM
, .
September 7, 1993
TO: Honorable Mayor and City Council
VIA: City ManagerJ~ ~ ~
FROM: Director of Public Works (Y/- /
SUBJECT: Item # 20 Public Hearing. Pre-SR-125 Dev. Impact Fee
The current Staff Recommendation for this item was to Continue the item until Sept. 14, 1993.
Because of additional alternatiVes being studied by Staff and planned meetings with the parties,
it is requested that the item be continued to September 28, 1993.
,
~() -.3
COUNCIL AGENDA STATEMENT
Item~
Meeting Date 917193
SUBMITTED BY:
Report: Cultural Arts Commission - Revised Mission Statement,
Objectives
Cultural Arts commission'1YltfV
Goals, and
ITEM TITLE:
(4/5ths Vote: Yes_No-X.)
The Cultural Arts Commission recently revised their Mission Statement, and Goals and Objectives, during
a series of workshop sessions and special meetings.
RECOMMENDATION: That the City Council accept the report, and endorse and support the new
Mission Statement, and Goals and Objectives, for the Cultural Arts Commission.
DISCUSSION: The Cultural Arts Commission has recently completed an in-depth and
comprehensive evaluation and revision of their Mission Statement, as well as their Goals and Objectives.
The Commission has also developed a work plan which includes specific strategies that will help them
attain the goals they have established. The Goals and Objectives are similar in nature to those that the
Commission adopted in June of 1992.
The revision process was facilitated by the City's newly hired Cultural Arts Coordinator, who conducted
several workshop sessions and a special meeting to assist the Commission with the establishment of the
revised Goals and Objectives. The Commission has established six sub-committees to assist them in
attaining the goals that have been established. Each sub-committee will be chaired by one or more
Cultural Arts Commissioners, and non-commission members will be recruited to serve on each sub-
committee. The Commission believes that the establishment of these sub-committees will enhance the
effectiveness and productivity of the Commission as a whole, and will help to establish a broader based
community support structure for arts and cultural programs.
A copy of the Cultural Arts Commission's Mission Statement, as well as the Goals and Objectives, are
included with this report as Attachment "A".
FISCAL IMPACT: There is no fiscal impact associated with the approval of this report.
However, the Cultural Arts Commission may wish to approach the City Council in the future to request
financial support or matching funds to assist them in attaining the goals outlined.
Attachment: Cultural Arts Commission Mission Statement, Goals and Objectives, and Work Plan
a113cac.g&o
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COUNCIL AGENDA STATEMENT
I
Item ~I
Meeting Date 09/D7/93
ITEM TITLE: Report on Requ i rements for Determi n i ng Vi ab 1 e So 1 i d Waste
Disposal Options
SUBMITTED BY: Deputy City Manager KremPl~ ~~
Principal Management Ass~ant Eno~-
REVIEWED BY: City Manager IG f ;jl
At the August 24, 1993 City Council meeting, staff was directed to return on this
date with a report outlining a strate9Y for identifying and evaluating the "most
viable" alternative for disposal of the City's solid waste. This report is in
response to that directive.
RECOMMENDATION:
Accept the report and direct staff to: (1) Prepare and send
letters to the South Bay and East County cities, to determine
the level of interest of those agencies in participating in
the pursuit of a subregional alternative to the County's solid
waste disposal system; (2) Identify those firms having
experience in the preparation of solid waste related requests
for proposal and solicit informal quotes; (3) Sit in on the
pre-proposal conference for the North County Sol id Waste
Agency's (NCSWA) Request for Proposals for Solid Waste
Transfer, Transportation and Disposal Services; and (4)
Prepare a report for the September 21 Council agenda,
providing more definitive information.
DISCUSSION:
Staff has recently met with a number of the purveyors of alternatives to solid
waste disposal to discuss the options available to the City. After meeting with
these companies, it appears that the best method of identifying the "most viable"
alternative might be to sol icit requests for proposal. This is the process
currently being employed by the NCSWA, and staff is following that process
closely to learn what works and what does not, as well as to get a feel for the
kind of responses they are receiving.
There are, however, several possible alternatives:
Wait for the results of the NCSWA RFP (October 1993) and perhaps
solicit a proposal from Laidlaw in comparison with the NCSWA
results.
Wait and see what the Interim Solid Waste Commission has planned in
terms of exploring alternatives (TBA).
Proceed with an RFP process.
22-'
.
Item ~2
Meeting Date 09/07/93
Because there would be no immediate fiscal impact, it is staff's recommendation
that the City take the initial steps required for an RFP. In the initial steps
of an RFP process, three things need to be determined: (1) the interest of the
other South Bay and East County cities in participating in a sub-regional
process; (2) based on that interest, the amount of flow that could be folded into
our RFP and when that flow would be available; and (3) identification of outside
assistance for the preparation of an RFP document and technical support in the
evaluation of the proposals submitted. It is recommended that staff be directed
to proceed in this manner.
Based on the experience, to date, of the NCSWA and the schedule they have set
out, it appears that it would take approximately six to seven months from the
time a consultant was hired to the time a contract for disposal services could
be presented to the Council for award. This is based on the schedule pub]ished
in their RFP and may be subject to modification depending upon the responses
received to their RFP. Another variable in the time frame is the amount of time
it takes to determine the level of interest of the other South Bay and East
County agencies and to bring those groups together in a joint powers or
cooperative agreement arrangement.
Of course, with the North County experience underway, it may not be necessary to
reinvent the wheel resulting in potentially significant cost as well as time
savings. Staff proposes to return with more definitive information at your
September 21, 1993 meeting.
FISCAL IMPACT:
None with this action. Unknown at this time in terms of the cost to prepare an
RFP. (NOTE: The NCSWA is actually under contract for $25,000 for the RFP and
an additional $35,000 to technically evaluate the proposals, make recommendations
and negotiate a contract should the process proceed to that stage.)
MISCELLANEOUS INFORMATION:
Unrelated to this report, it is also noted for Council information that Orange
County has decided not to entertain the acceptance of any trash from outside
their County. Therefore, this alternative is no longer an option for Chula
Vista.
rfp
12.2,
,
COUNCIL AGENDA STATEMENT
Item ~:1
Meeting Date 9/7/93
ITEM TITLE:
Report on Chula Vista Transit (CVT) exterior bus advertising program
SUBMITTED BY:
Director of Public Works
City Manager 1(; 7
if!-
11
(4/5ths Vote: Yes_No.xJ
Council Referral No. 2776
REVIEWED BY:
At the June 15, 1993 meeting, Council reviewed Supplemental Budget Report No. 15 regarding
advertising on CVT buses. (A copy of this Report is attached as Attachment 1). Council
directed staff to:
1. Report back to Council on possibilities of earmarking advertising revenue for youth
programs; and
2. Develop a program for exterior bus advertising.
CVT operations and capital procurements are funded by State Transportation Development Act
(IDA) Article 4.0 funds, farebox revenue and investment earnings. The Metropolitan Transit
Development Board (MTDB) administers IDA funds in this region. The attached letter
(Attachment 2) from Mr. Jack Limber, General Counsel MTDB, discusses the use of revenue
generated from bus advertising. Mr. Limber concludes that CVT bus ad revenue is an additional
revenue source (like fare revenue and investment earnings) and ad revenue must be used for IDA
Article 4.0 purposes as stipulated by State law. According to Mr. Limber, advertising revenue
cannot be earmarked for non-transportation purposes, or for special transportation purposes that
would not be permitted uses under the TDA or by the MIDB as administrator of the IDA funds.
Advertising revenue could not be used to provide special transportation for a youth program nor
to further subsidize bus fares for individuals in such a program.
Exterior advertising on CVT buses should generate a minimum $50,000 annual revenue. (This
revenue estimate assumes ads placed on 3 sides each of 31 CVT buses.) Council's action on
June 15, 1993 to implement an exterior bus advertising program was based partly on the
consideration to use ad revenue for transportation services for a new youth program. It does not
appear that ad revenue can be used for this specific purpose; however, ad revenue would provide
additional funds for CVT operations and capital expenditures, and other IDA Article 4.0
purposes. Staff is prepared to implement an exterior bus advertising program; this report will
recommend a procedure for implementing the program. However, since ad revenue cannot be
earmarked for specific purposes, Council may wish to reconsider its decision to place exterior
ads on CVT buses at this time.
J.31
Page 2, Item ~:J
Meeting Date 9/7/93
RECOMMENDATION: That Council consider the following alternatives pertaining to an
exterior bus advertising program and provide further policy direction to staff:
1. Reconsider the issue of exterior ads on CVT buses and not implement the program at this
time; or
2. Direct staff to develop a Request for Proposal (RFP) for an exterior advertising program
on CVT buses. Although staff estimates that CVT exterior ads would generate a
minimum of $50,000 annually, the RFP process would provide both staff and Council
with a more precise revenue figure, in addition to any other criteria or standards the City
may wish to place on the advertising program. After reviewing proposals, Council could
consider whether to proceed with the program, or defer implementation until a later date.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Summary
The following is a summary of potential uses for bus advertising revenue in Chula Vista and
potential impacts on future CVT operations and capital procurements. These findings are
discussed in more detail later in this report.
_ Staff estimates that exterior advertising on 3 sides each of 31 CVT buses would
generate a minimum of $50,000 animally. This estimate is based on discussions
with Michael-Allen Associates, the firm that currently has the advertising contract
with San Diego Transit (SDT). This estimate is based on an advertising program
comparable to San Diego Transit.
_ According to MTDB General Counsel, Jack Limber, revenue generated from
advertising on CVT buses would be an additional form of income, and must be
used to support transit operations and capital expenditures permitted under Article
4.0 of the Transportation Development Act (TDA).
_ The City of Chula Vista uses its Article 4.0 funds for CVT operations and related
capital expenditures. Operations expenditures include CVT service; and
reimbursement to the City for support services; capital expenditures include buses,
passenger amenities such as shelters and benches, a share of the proposed new
City maintenance facility; and bus stop improvements.
_ Staff estimates sufficient funds through FY 2000 for City of Chula Vista Article
4.0 funded operating and capital requirements. This projection (Attachment 3) is
based on current and anticipated CVT operating requirements, capital
expenditures, and revenue sources.
.) -:J --.).
Page 3, Item .1..3
Meeting Date 9/7/93
_ Advertising revenue could not be earmarked for special (or charter) transportation
purposes, nor to further subsidize existing transit fares.
_ Revenue generated from bus advertising would increase the total amount of funds
available for IDA Article 4.0 expenditures.
Use of Bus Advertising Revenue
At the June 15, 1993 meeting, Council directed staff to determine whether advertising revenue
generated from ads on CVT buses could be used for specific purposes, such as transportation
associated with a youth program. IDA Article 4.0 funds are allocated to jurisdictions for capital
procurement and operating expenses for fixed route and paratransit (dial-a-ride) services available
to the general public. It is Mr. Limber's opinion, as expressed in Attachment 2, that advertising
revenue is a form of "local support", like fare revenue and interest income, and therefore, must
be used to offset the amount of TDA funds that subsidize transit operation and capital
procurements. Basically, revenue from CVT ads would increase the total funds available for
TDA Article 4.0 purposes, including CVT operations and capital purchases. For example,
advertising revenue in the amount of $50,000 would mean that the City of Chula Vista would
have $50,000 in additional funds available for IDA Article 4.0 approved purposes, either
operating or capital.
The following are some examples of both approved and disallowed purposes for which additional
revenue could be used:
Approved Purposes Disallowed Purposes
1. New or expanded CVT service to the 1. Special or charter transportation for
general public. specific groups.
2. Capital purchases. including vehicles 2. Fare subsidies.
and passenger amenities such as shelters
and benches.
3. Dial-a-ride service for the general 3. Non-transportation or General Fund
public. purposes.
In order to get an estimate of potential revenue from CVT advertising, staff talked with Mr. Jim
Cox, of Michael-Allen Associates, the firm that has the advertising contract with San Diego
Transit. Mr. Cox estimated a minimum of $50,000 annual advertising revenue for the City of
Chula Vista. This estimate assumes the following: three ads on each of 31 CVT buses; 80% of
ad space available sold during the year; and Michael-Allen's commission. Staff emphasizes that
this $50,000 figure is only an estimate, and represents the minimum amount of revenue that the
City could anticipate. Ad revenue probably would be greater if the City contracted directly with
one advertiser.
.11';1
Page 4, Item .2:!
Meeting Date 9/7/93
This report will now discuss some possible uses for additional bus revenue, and then will discuss
the two specific options for using ad revenue that Council requested staff to investigate: CVT
charter service, and subsidized fares for a youth program.
Proiected CVT Operating and Capital Requirements
Attachment 3 shows the City of Chula Vista's projected TDA Article 4.0 funds required
through FY 2000. The City this fiscal year has an unallocated balance of approximately
$1,877,000. This amount is shown in Attachment 3 for FY 1993-94. The annual Article
4.0 funds are determined by the County of San Diego and administered by MTDB and
SANDAG. The "Operations Requirements" are Transit staff's estimate of Article 4.0
funds needed to support CVT operations over the next 7 years, based on the following
assumptions: current San Diego Transit contract for CVT operation; projected service
expansion; and anticipated fare revenue. "Capital Requirements" include: purchase of
16 buses through FY 2000; $1 million for Transit's share of a new maintenance facility,
(in addition to the $3.7 million in Article 4.0 funds contributed towards this project last
fiscal year); and other miscellaneous items such as benches.
Based on these revenue and cost assumptions, the City of Chula Vista should have
sufficient funds to meet its Article 4.0 funded operating and capital needs through FY
2000. However, this financial plan is based on cost and revenue assumption that could
change. Any additional revenue, such as from bus advertising, would increase the total
amount of funds available for Article 4.0 approved expenditures.
General Public Article 4.0 Dial-a-Ride Service
One transportation service issue facing the San Diego region is provlSlon of
Complementary Paratransit Service under the Americans with Disabilities Act (ADA).
Council may recall that by 1997 paratransit (dial-a-ride) service must be available to ADA
certified individuals who cannot use the fixed route (Article 4.0 funded) systems like
CVT, San Diego Transit and the Trolley. In this region, the IDA Article 4.5 funded
systems, like HandYtrans in Chula Vista, have been designated by MTDB and SANDAG
as the ADA Complementary Paratransit Services.
State law prohibits the use of Article 4.0 funds to transport a specific group of individuals
like seniors, disabled persons, or youths; Article 4.0 service must be available to the
"general public". Therefore, additional Article 4.0 funds (or revenue to support Article
4.0 programs) could not be used to provide HandYtrans service. Article 4.0 funds could
be used for dial-a-ride service available to the general public, subject to the approval of
the MIDB and SANDAG Boards.
Since dial-a-ride service usually is more expensive to operate than fixed route service,
dial-a-ride service generally is limited to specific functions such as: for individuals who
cannot ride fixed route systems, or where fixed route service is not feasible or cost
effective due to geographic constraints, low density land use patterns or other factors
limiting ridership potential.
.1 ::J'1
Page 5, Item .2)
Meeting Date 9/7/93
In the MIDB area, the Article 4.0 fixed route operators are: San Diego Transit, San
Diego Trolley, County Transit Suburban, CVT, National City Transit, and MTDB
Contract Services; the Article 4.0 dial-a-rides are: La Mesa, Lemon Grove, El Cajon,
Poway and Spring Valley. As a comparative cost example, in FY 1992-93, the aggregate
regional fixed route operators' subsidy per passenger was $0.71, and the regional dial-a-
rides' subsidy per passenger was $6.16.
For Council's information, SANDAG has initiated a study under contract with Crain and
Associates, to investigate options (including funding, operations, and administrative) for
meeting the ADA Complementary Paratransit Service requirement in this region. This
study is anticipated to be completed by January 1994.
Specific Uses of Advertising Revenue
Council directed staff to investigate two specific options for using advertising revenue to
support a youth program: special (charter) CVT service; and free or further subsidized
fare for youth program participants riding regularly scheduled CVT routes. Regarding the
special or charter services, the Transportation Development Act (Article 3, Section 99250)
discusses the following charter service requirements:
_ Charter bus services operated by a public transportation system
receiving IDA funds shall contribute financially to the reduction
of deficits incurred in the operation of scheduled route service; and
the charter bus service shall not interfere with regularly scheduled
service to the public or compete unfairly with private operators
where private operators are willing and able to provide charter bus
service.
_ Charter bus service rates shall be established which either are at
least equal to the average of the three lowest current rates charged
by private charter bus carriers in the area; or are at least equal to
the fully allocated cost of each charter operated.
_ If the public transportation system operator determines that there
is a public need that cannot otherwise be met, the operator (CVT)
may provide charter bus services to charitable or public service
organizations at direct cost, not to exceed $10,000 or a total of 40
charter buses per year, whichever occurs first.
In keeping with the requirements of Section 99250, Council has established a private
charter rate using CVT buses of $75 per hour with a two hour minimum. CVT charges
$30 an hour for service to "charitable or public service organizations", which reflects
CVT's direct operating cost. An example of when the $30 per hour rate would be used
is for CVT transportation for events like Fourth of July fireworks, Summer Pops and
services for Chula Vista social service/non-profit organizations like the Kiwanis Club.
.,2]....5'
Page 6, Item ). J
Meeting Date 9/7/93
Regarding bus fares, the MTDB has State legislative authority over fares in this region.
All operators receiving TDA Article 4.0 funds are signatories to the Uniform Fare
Structure and Transfer Agreement which sets fares for all operators, and also includes
other operating requirements such as transfers among operators. Regarding youth fares,
there is a monthly pass for "Juniors" age 18 and under for the cost of $22 which enables
unlimited rides on all systems in the MTDB area. However, only the three "local"
systems - CVT, National City Transit and County Transit Suburban - have a reduced
Junior cash fare of $.75 (the regular cash fare is $1.00). (San Diego Transit and San
Diego Trolley have a reduced fare of $.75 for seniors and disabled persons but do not
have a reduced cash fare for Juniors.) Therefore, these two fare programs - the $.75 cash
fare and the $22.00 monthly pass - provide a further subsidy for persons 18 and under
riding CVT.
According to Mr. Limber, "the full amount of . . . fare revenue and local support is to be
included in the calculation to determine the maximum amount of subsidy to be made
available. If a portion of the fare revenue or local support revenue was diverted for other
purposes, it is still the gross amount prior to such diversion that is to be used to
determine (TDA) fund eligibility, not the net amount after diversion." Therefore, it is
MTDB's opinion that any further subsidy of the cash or monthly pass fares for CVT
riders cannot be from TDA, or other revenues sources including advertising revenue.
Summarv and Recommendation
In summary, TDA Article 4.0 funded services provide public transportation for the general public.
The Transportation Development Act restricts charter services, and the use of revenue sources
to support TD A funded operations or capital procurements. It does not appear that revenue
generated from advertising on CVT buses could be earmarked specifically for charter
transportation service for a youth program, nor to further subsidize CVT fares. CVT could
provide charter service at a reimbursable rate of $30 per hour, but the total number of charters
would be limited to a maximum of 40 per year or a cost of $10,000. In addition, the number
of CVT buses generally available for special or charter services is two during the week, since the
balance of the 31 bus CVT fleet is either in service or undergoing maintenance.
Staff estimates a minimum of $50,000 would be generated from exterior CVT bus advertising,
utilizing three sides of 31 CVT buses. Based on staff's estimate of the City of Chula Vista's
Article 4.0 funded operating and capital requirements through FY 2000, it appears that sufficient
funds will be available for these projected operating and capital requirements. However, this
projection is based on a number of factors which could change. Any additional revenue, such
as $50,000 or more from advertising would increase the funds available for these expenditures.
To put $50,000 in perspective relative to the Transit Division's FY 1993-94 budget, $50,000 is
approximately 1.7% of Transit's Article 4.0 funded budget; it will operate CVT for approximately
one week; and it is approximately 1/5th the cost of a new bus.
When Council considered Supplemental Budget Report #15 at its June 15, 1993 meeting, Council
directed staff to develop an exterior bus ad program, and also to report back to Council on the
possibility of earmarking advertising revenue for specific youth programs. Since it does not
.).3"'1.
Page 7, Item J.J
Meeting Date 9/7/93
appear that ad revenue could be earmarked for this purpose, staff presents the following options
for Council's consideration:
1. Defer implementing an advertising program at this time; reconsider implementing
an advertising program as part of each fiscal year's budget process. Implement
the program if a need exists to supplement revenue for Article 4,0 funded
purposes in the future; or
2. Direct staff to pursue implementing the advertising program now by developing
a Request for Proposal (RFP). Council may make a decision to proceed with the
program after consideration of proposals, which would include a more precise
revenue amount that the City would receive from such a program.
If Council directs staff to develop an RFP (option 2 above), the following part of this report will
discuss the approach for soliciting proposals.
Implementing an Exterior Bus Advertising Program
Implementing the exterior bus ad program requires entering into a contract with either an ad
company or one advertiser, both of whom would be responsible for ad procurement, production,
placement on buses and maintenance. (An ad company [like Michael-Allen Associates] would
sell ad space to various advertisers; if the City contracted with one advertiser, then all CVT ads
would be from that advertiser.) Last spring, San Diego Transit (SDT) issued a Request for
Proposal (RFP) for its bus advertising and received one proposal from Michael-Allen Associates,
a San Diego based company. (Michael-Allen Associates had the previous contract with SDT;
SDT issued the RFP because the contract term with Michael-Allen expired at end of June 1993).
Under its contract with SDT, Michael-Allen obtains ads for the buses, places ads on the buses,
and maintains the ads. Because of the size of the SDT fleet, it is unlikely that one sole advertiser
would be interested in advertising on SDT. However, in the case of Chula Vista Transit, radio
station KURS, located in Chula Vista, has expressed an interest in being the exclusive advertiser
on CVT buses.
In order to develop a bus advertising program that meets City objectives, including maximizing
revenue, staff recommends that a Request for Proposal (RFP) be developed and issued. The RFP
would specify certain requirements but would allow flexibility for proposers to present an
advertising program for the City to consider. Some possible specific requirements in the RFP
would be:
_ Proposer would be responsible for all aspects of advertising, including ad
procurement, production, placement on buses and maintenance.
_ Any restrictions on type of advertising allowed (for example, excluded
would be ads for cigarettes, liquor, and political campaigns; the City would
reserve the right to reject any ads it deemed inappropriate).
_ Term of contract.
,.23'?
Page 8, Item )..3
Meeting Date 9/7/93
_ Insurance; Performance Bond
_ Advertising revenue based on utilization of 3 sides of each bus (excluding
the front due to limited space); and based on partial space use (for
example 1 or 2 sides only).
If Council directs staff to develop an RFP, staff will bring the RFP back to Council for
consideration prior to soliciting proposals.
FISCAL IMPACT: Staff estimates that a minimum of $50,000 in annual advertising revenue
could be generated from exterior ads on CVT buses. This estimate is based on discussions with
Michael-Allen Associates, the transit ad company under contract with San Diego Transit This
estimate assumes ads being placed on the entire fleet of 31 CVT buses and 3 ad panels being
placed on each bus - 2 sides and the rear. Based on an opinion from MIDB General Counsel
Jack Limber, advertising revenue would be considered an additional revenue source for CVT (like
fare revenue or interest income). Advertising revenue could not be used for General Fund
purposes or earmarked for specific transportation purposes. It would offset IDA fund
expenditures to support CVT operations and capital expenditures.
WPC F:\HOME'ENGINEER\BILL\1220.93
ATTACHMENTS:
1. Supplemental Budget Memo No. 15
2. Letter from Jack Limber to Bruce Boogaard NOT SCANNED
3. Projected City of Chula Vista IDA Article 4.0 Expenditures N"''lI' q
lI,.",CANNEO
NOT SCANNED
.23"'Y
. '
A1TItCNI1EYr I. ~ u.
M~MQRAN>>lIM
-
Supplemental Budget Memo It:>
(
June 8, 1993
File: DS-022
TO:
FROM:
The Honorable Mayor and City Council
John Goss, City Manager
John Lippitt, Director of Public Works ~
Bill Gustafson, Transit Coordinator~
VIA:
VIA:
SUBJECT: Advertisements on Chula Vista Transit (CVT) Buses and on Transit Passenger
Benches and Shelters
(
During its FY 1993-94 Budget deliberations on June 3,1993, Council directed staff to evaluate
the feasibility of paid commercial advertisementS on CVT buses. This memo will discuss ads
on CVT buses, and also two related items - ads on transit passenger benches and shelters.
This initial investigation results in the following general conclusions: .
. Exterior ads on CVT. buses have the potential to generate the most
revenue of the three programs (estimated at $45,000 to S55,OOO annually,
assuming four ads on each of 27 CVT buses). Advertising revenue
generated from CVT bus ads could not be used to support the Chula
Vista General Fund, but could be used as additional revenue, either
operating or capital, for CVT.
. Little or no advertising revenue would be generated from benches and
shelters. In general, the revenue generated by the aale of advertising on
benches and shelters covers the costs of providing these facilities, and
maintenance. For example, under the MTDB advertising. shelter
program, MTDB receives no revenue from the shelters; the Cities of La
Mesa and San Diego, which both have bench ads, receive S13 and S12,
respectively, on an annual basis for each bench. By the end of this fIScal
year there will be about 165 benches located at various bus stops
throughout Chula VISta; therefore, based on annual revenue of S13 per
year per bench, bench ~ would generate about S2,145 annually for the
City (assuming that ads appeared on every bench consistently for the
entire year).
(
The following is a discussion of each program.
II/-I
The Honorable Mayor and City Council
June 8, 1993
Page 2
Back2round
Revenue from advertising on transit facilities generally falls into two categories: the rental of
advertising space on a vehicle, such as a bus, in which the vehicle is used as a moving
billboard; and the use of advertising revenue to provide sufficient funds to install and maintain
passenger amenities such as shelters and benches. Exterior ads on.vehicles has the potential
to generate the most revenue because. provision and maintenance of the capital item (the bus)
is not involved as in the case of shelters and benches.
It is the opinion of both MTDB and SANDAG attorneys that revenue generated from ads on
buses, or any other facility/equipment purchased with Transportation Development Act (TDA)
funds, must be used to support transit capital/operating expenditures. Therefore, it does not
appear that revenue from CVT bus ads could be used for General Fund puiposes.
Before the City of Chula Vista bought its own fleet of buses in 1984, the CVT contract
operator provided the buses for the service. When the contract operator provided the buses,
the City had a contract with TDI/Winston Network, an advertising fum, who sold exterior ads
for CVT buses. Average annual advertising revenue to CVT from these ads was approximately
$12,000 a year or about 1% ofCVT's budget. When the City acquired its own fleet ofbuses,
Transit staff recommended that exterior ads not be placed on the buses for two reasons:
aesthetic considerations; and amount of advertising revenue generated was insufficient to
warrant a program. Council accepted stafi"s recommendation not to have paid advertising on
the exterior of the CVT buses at its July 23, 1985 meeting (copy of Agenda Statement
attached).
In 1989, Council considered using CVT buses to advertise public service announcements both
on the exterior and interior of the buses. At its May 9, 1989 meeting (agenda statement
attached), Council accepted stafi"s recommendation to place public service ads only in the
interior of the buses. Since 1989, public service announcements have been placed periodically
in the CVT buses. These ads usually have been developed by the Public Information
Coordinator and focus on community events such as Fourth of July fIreworks, Don't Drink and
Drive slogan, etc. .
In the past, staff's recommendation not to place ads on the exterior of CVT buses (either paid
commercial or public service announcements) was based on the following considerations:
Using the bus as a moving billboard seems inconsistent with Council policy to limit
advertising in the public right-of-way. In ~dition, Council has rejected previous
proposals to having advertising on benches at bus stops and on transit passenger .
shelters.
Council spent considerable time developing CVT's unique paint scheme to project a
positive image of the City and to make mass transit a more desirable alternative for
commuters. The use of the bus exterior for advertising will detract from the bus paint
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The Honorable Mayor and City Council
June 8, 1993
Page 3
scheme and design, regardless of how well coordinated the poster size and color is With
the bus paint scheme.
In summary, a decision whether to place paid commercial advertising on the buses involves
two considerations:
a) aesthetics
b) revenue derived from advertising
.
The next section of this report will discuss the amount of advertising revenue CVT might
generate from paid commercial advertising on the buses. This revenue is estimated to be
between S45,000 - S55,000 annually depending on the number and size of ads that are sold
during the year.
I. Exterior Ads on Buses
In order to get an idea of how much revenue might be generated if CVT were to accept
exterior ads on its buses, I talked with San Diego Transit about its contract with Michael- Allen
Associates, a company which handles the exterior ads for San Diego Transit. I also spoke with
Jim Cox of Michael-Allen. Michael-Allen's duties include selling the ads and placing the ads
on the buses. There are basically four ad sizes - king, queen, taillight and headlight - each
generating a different amount of revenue. For estimating purposes I assumed that 27 of the
31 buses (excluding the four trolley buses) were fitted with four ad posters, two queen posters
on both sides of each bus, and one taillight and one headlight poster.
Under this scenario, and based on the same percent of revenue received by San Diego Transit
under its agreement with Michael Allen, CVT would receive between $45,000 to $55,000
annually. The S55,000 estimate assumes the four ad posters on 27 buses being sold for a one
year period. However, generally not all ad spaces can be sold regularly during a 12 month
period. San Diego Transit's ad space sold is approximately 80"10; a recent discussion with Jim
Cox of Michael-Allen indicated that 80"10 of space available sold is a good estimate for
planning purposes. Therefore, a more realistic estimate of annual revenue generated from
exterior bus ads would be $45,000, about 1% of the proposed .FY 93-94 Transit Division
budget.
+. AdvertisinlZ on Benches
The Cities of San Diego and La Mesa have a contract with Bench Ads, a company that
provides benches at bus stops with advertising on the back panel. These ads currently generate
SI3 annually per bench in La Mesa and SI2 annually per bench in San Diego. The City of
La Mesa currently has 82 benches and therefore receives a maximum of SI,066 annually. This
revenue can be contributed to the General Fund because Transportation Development Act
(TDA) funds are not involved in the bench program.
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The Honorable Mayor and City Council
June 8, 1993
Page 4
In Chula Vista over the paSt years, the Transit budget ~ included placement of benches at
selected CVT locations. We now have about 135 concrete benches iri the City with another
30 on order this fiscal year. The average cost to purchase and install a bench is about $300.
These 165 benches will meet our needs for the near future; we do not anticipate including any
benches in the FY 1993-94 budget request. .
Assuming 165 benches in place this year and based on the revenue per bench in La Mesa, if
these benches were replaced with advertising benches, the maximum annual revenue generated
for the General Fund would be approximately $2,145 (165 x $13). Since we already have a
considerable number of benches in place, the Transit Division would not benefit from a capital
standpoint by replacing these benches with advertising benches; the one advantage we would
have is graffiti removal by the Bench Ad company. However, monitoring this contract
(identifying benches that needed repair and following up on this work) would take staff time.
If we were just starting to purchase benches, it might be more advantageous to consider
advertising on benches.
3. AdvertisiDl! on Shelters
MTDB administers an advertising transit shelter program for various cities in its jurisdiction,
including San Diego and National City. The City of Chula Vista has declined to participate
in this program because the advertising on the shelters would be inconsistent with the City's
sign ordinance. (I assume this inconsistency would also apply to bench ads.)
MTDB has a contract with GANNETT for provision and maintenance of shelters at various
locations approved by MTDB and the city in which the shelter is located. MTDB receives no
revenue from this program. However, the capital cost of a comparable shelter purchased by
MTDB or the jurisdiction would be around $3,500- and maintenance costs (trash pickup and
repairs to shelter) would be extra. Advertising shelter programs, like bench ad programs, can
be structured in various ways. Some jurisdictions in other parts of the country do receive some
revenue from advertising shelters (generally 5 to 10 percent of gross revenue above a certain
amount), but generally the purpose of these programs is to provide and maintain the facility
at no cost to the jurisdiction.
I have not proposed the Transit Division providing a large number of shelters in Chula Vista
because of initial capital cost, and more importantly, the ongoing maintenance costs involved.
We currently have shelters in only three locations that we are responsible for maintaining -the
transit center at the H Street station, H Street east of Broadway (Chula Vista Center), and on
Otay Lakes Road near Southwestern College. We estimate that there are potentially 40
locations in the City where shelters might be warranted, but I would recommend providing
shelters only if it were part of an advertising shelter program similar to the one IIltlministered
by MTDB.
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The Honorable Mayor and City Council
June 10, 1993
Page 5
Summary
Exterior ads on CVT buses have the potential to generate the most
revenue of the three advertising programs discussed, but it does not
appear that this revenue could be used to support the General Fund. The
estimated revenue from exterior ads would be between $45,000 to
$55,000 annually.
Any revenue generated from a shelter or bench advertisement program
could be used to support the General Fund, but revenue from these
sources would be minimal.
Recommendation
If the City Council wants Transit staff to pursue exterior bus ads which could produce $45,000
in annual revenue for the Transit system, refer this to staff to develop an implementation
program for such ads. .
cc: Sid Morris, Assistant City Manager
George Krempl, Deputy City Manager
Dawn Herring, Budget Officer
'fIPC F:\II0MElENGINEERIBn.LGIIOOI.93
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COUNCIL AGENDA STATEMENT
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Meeting Date 7/23/85
ITEM TITLE: Report on Advertising on Buses
SUBMITTED BY: Director of Public Works/Ci~ Engineer ~
REVIEWED BY: Ci~ Manager (4/5ths Vote: Yes_NoLl
At its meeting on October 9, 1984, Council accepted a staff report
recommending to SCOOT Board that the Board terminate its advertising agreement
with lOI/Winston Network effective January 1. 1985. and exterior advertising
not be placed on the new Orion buses. Council also directed Transit staff to
return with a report and recommendations concerning exterior advertising on
the new buses in July 1985. The Transit Coordinator recommends that
advertising not be placed on the new buses for the following reasons:
aesthetic considerations; and the relatively small amount of advertising
revenue that can be expected from placing advertising on the buses. .
RECOMMENDATION: That Council:
1. Accept this report.
2. Recommend to SCOOT Board that exterior advertising not be placed on the
SCOOT buses. I
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Transit Coordinator contacted J. B. Hevia and Co.. the firm which
currently has an exterior transit advertising contract with San Diego Transit.
regarding options for placing exterior ads on SCOOT buses. Standard exterior
advertising posters include: king (30"x144"). Jumbo queen (30"x88") and tan
(21 "x72"). Advertising rates charged advertisers generally are greater for
larger size posters. Other factors affecting rates include: number.of posters
placed on buses. and length of contract between advertising firm and
advertiser.
The SCOOT bus fleet currently consists of the following units: nine 30' and
two 35' Orions. and two 25' Flxettes. Since the two Flxettes are now used as
spares and are not in regular daily service. and exterior space is limited on
those vehicles. this discussion will not consider them for exterior
advertising. The following exterior dimensions available for advertising
pertain to the 30' and 35' Orions: .
30' Orion
35' Orion
29" x 194"
29" x 145"
20. x 48"
Street si de
Curb si de
Rear
29" x 132"
29" x 83"
20" x 48"
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Page 2. Item
Meeting Date 7/Z3/85
Based upon the standard poster sizes used by J. B. Hevia. and the exterior
space on the Orion. the following points are noted:
1. The 29" height masurement on the Orion is between the bottom of the
windows and the horizontal side molding. The standard 30" King and Queen
posters would need to be trimmed 1" to fit the Orion. However. a standard
tail poster (21.x72") would fit on the sides of the bus.
2. The 35' Orion would acconmodate either a King or Jumbo Queen poster on
either street or curb side.
3. The 30' Orion would acconmodate a Jumbo Queen on street side. and a tan
poster on curb side.
4. The standard tail poster would not fit on the rear of any of the Orions.
5. Use of a King or Jumbo Queen would completely cover the side of the bus
vertically between the side molding and the bottom of the window. _
6. Following is a sunmary of the standard poster sizes that would fit on the
Ori ons :
30' Orion
Standard Poster (with height modification)
Jumbo Queen; Tail
Tail
Street side
Curb side
35' Orion
Street side
Curb side
King; Jumbo Queen; Tail
King; Jumbo Queen; Tail
Revenue to SCOOT from leasing advertising space on the buses would be
determined through a bid process. However. based on discussion with a
representative from J. B. Hevia. it appears that SCOOT could expect annually
between $9.000 to $11.000 in advertising revenue. depending -on the various
factors mentioned earlier. This revenue is about lS of SCOOT's annual
operating budget. and is comparable to revenue received from TDI/Winston
Network under that advertising lease agreement.
In addition to revenue. aesthetics is another consideration regarding exterior
advertising. The new buses have a distinctive exterior paint scheme. and it
m~ be difficult to coordinate exterior advertising colors with the CYT paint
scheme. Although physical appearance and design are SUbjective
considerations. it is the opinion of the Transit Coordinator that exterior
advertising on the buses will not enhance their appearance. However. if
advertising is placed on the buses. it is recommended that Tan posters be
used on all buses.
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Page 3. Item
Meeting Date 7/23/85
In summa~. it is recommended that advertising not be placed on the exterior
of the SCOOT fleet for the following reasons:
1. Small amount of advertising revenue relative to SCOOT budget.
2. Aesthetic considerations.
FISCAl IMPACT: It is estimated that exterior advertising on the buses would
generate approximately $9.000 to $11.000 annually or apprOximately 11 of SCOOT
annual operating budget. .'
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COUNCIL AGENDA STATEMENT
Item "ro-
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ITEM TITLE:
Meeting Date 5/9/89
Report on placing public service announcements on Chula Vista
Transit (CYT) buses .... /
Director of Public Works ~ ~I
Deputy City Manager Thomson J
City Manager !J1-j<fJ/ (4/5ths Vote: Yes_No-Z.J
;r Council Referral 11023
SUBMITTED BY:
REVIEWED BY:
At its meeting on July 19, 1988, Council requested staff to investigate the
feasibility of using both the interior and exterior of CYT buses to advertise
City events. Prior to the acquisition of the Orion buses, SCOOT had a
contract with TDI/Winston Network for commercial ads on the interior and
exterior of the buses. However, at its meeting on July 23, 1985, Council
accepted the attached staff report which recommended that advertising not be
placed on the exterior of the new SCOOT Orion buses for the following
reasons: the unattractiveness of the exterior ads on both sides and the rear
of the buses; and the relatively small amount of advertising revenue that
SCOOT woul d receive for these ads, estimated at $9,000 to $11,000 annually
(approximately 0.6i of the FY 1988-89 SCOOT budget). Council's request
differs from the previous placement of commercial ads on the buses in that
future ads would be .public service" announcements developed by the Public
Information Coordinator.
Staff does not recommend exterior posters on the buses for the followin9
reasons: Negative aesthetic. impact on the bus design and paint scheme; and
tile use of the buses as moving billboards seems inconsistent with Council's
objective to minimize billboard advertising and visual clutter in the City,
and also with Council's previous actions to reject advertising on benches and
on transit shelters.
RECOr.IMENDATION: That Council approve the use of posters for Ilublic service
announcements only on the interior of CYT buses. " ;. " ,
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BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
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DISCUSSION: "
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Feasibility of Using CYT Buses for Interior and Exterior Announcements
The interior of the 13 Orion buses can accommodate posters with a dimension
height of approximately 11 inches and a varying width (although generally the
width is approximately 18-20 inches); The four Chance trolleys which are
anticipated to be in service by.June 1989 and will replace two Orions on Route
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Meeting Date b/~/~9
706 (the Downtowner) and the Flxette on Route 70S to the tlature Interpretive
Center, cannot accommodate interior or exterior posters. Therefore, the use
of the CVT fleet for interior or exterior announcements is limited to the 13
Orions that will be operating on Routes 701, 702. 703, 704, 705 and 707 after
the trolleys are in service.
The IIse of the interior and exterior of buses for pUblic announcements could
be considered two separate issues in terms of aesthetic impact, and the number
of people who may see the announcement. As mentioned previously, the size of
an interior poster would be relatively small (l1.xlS"). The size of these
posters, and their location between the ceiling and top of the windows, would
not have a substantial negative visual impact on the interior environment. Of
course, the vi~1ing of interior posters is limited to bus passengers, many of
whom ride frequently. Therefore, the message on an interior poster would
reach a mo~ limited market than exterior posters.
Placement of exterior posters. on the buses uses each vehicle IS a moving
billboard. Although these exterior posters would be seen by a larger ~egment
of the population than those on the interior, their size would detract from
the integrity of the bus paint scheme and also increase the potential for
visual blight. In summary, staff does not recommend placing exterior
announcements on the buses for the following reasons: .
USing the bus as a moving billboard seems inconsistent with Council pOlicy
to limit advertising in the pUblic right-of-way. In addition, Council has
rejected previous proposals to have advertising on benches at bus stops
and on passenger shelters.
- Council spent considerable time developing CVT's unique paint scheme to
project a positive image of the City and to make mass transit a more
desirable alternative for commuters. This successful approach has been
recognized in national transit publications. The use of the bus exterior
for announcements will detract from the bus paint scheme and design
regardless of how well coordinated the poster size and color is with the
bus paint scheme.
However. if Council deci des to use the exterior of the Orion buses for
announcements. staff .recommends placement only on the curb side and rear. and
two poster"si,e!: WIlicti would reduce visual fnterference with the exterior
paint scheme. .The curb sfde could accommodate a poster lS. fn height and
approxfmately 60. in width: and the rear dimension would be lS"x4S.. These
dimensions are smaller than the standard commercial posters which have the
following dimensions: Icing size (JO"x144U). queen (30.xSS"). and the Mtan.
or rear of the bus (21.x72"). Staff will show Council slides of. the smaller
prototype posters at the Council meeting if so requested. The curb side
poster would be placed below the horizontal blue stripe and slightly above the
side moUlding. Because the blue stripe on the street side of the vehicle is
lower than on the curb side, a poster on the street side could be no more than
approximately 10 inches high without covering the blue stripe. Since a poster
this small would not be readily visible, use of the street side is not
recommended.
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Meeting Date b/9/89
Production Cost of Posters
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In order to get a production cost estimate for interior and exterior posters,
staff contacted two sign companies located in Chula Vista. For interior
posters, the estimated cost to produce a simple message is $300 for up to 100
posters with two colors, or $185 for up to 100 posters with one color.
Production costs would increase if the message content were complex or
contained intricate design.,. In order to enhance visibi.lity~ staff recommends
a two-color poster for. most message types. A minimum order of 100 posters
would provide for up to six interior posters on each bus of one message type.
However, if multiple .message types were on each bus, the number of posters
could be reduced and perhaps used elsewhere. The Public Infonnation
Coordinator' indicates that up to 12 different messages could be developed
annually for an estimated cost of $3,600 ($300 x 12 message typesl, eXClUding
staff time.
The estimated cost to place two exterior posters on each of the Orion buses is
$700. Although some messages probably could be' used more than one time, for
planning purposes staff has assumed the production of 12 message types eacft
fiscal year for a cost in FY 1989-90 of $8,400 ($700 x 12 messages I. The
one-time cost of exterior poster racks is estimated at $750 for the 13 Orion
buses. Transit funds could pay the $750 for rack installation, but could not
pay for poster production for either interior or exterior messages unless the
message/announcement were directly related to transit promotion.
In summary, the estimated total cost in FY 1989-g0 for both interior and
exterior announcements would be $12,000 ($3,600 + $8,4001, assuming 12
different messages. For just the recommended interior ads, the estimated
annual cost is $3,600.
Poster Design, Production and Placement
Under this concept, interior and exterior poster content would be limited to
.public service" information or announcements. Some ideas include: promoting
shopping in Chula Vista; warning against speeding; and announcing local events
such as 4th of July fireworks, numerous annual parades, voter registration,
and other activities, events or issues of which the City would like to
increase publiC awareness. In order to implement this concept. -staff would
develop the announcement. and then have it produced by a si,gn'_c.~Dipany.
. J ~
To defray the cost of production, Council suggested that some'local businesses
might .sponsorM an announcement by paying the City to affix their logo or name
to the poster. For exampl e, Company X coul d be approached by the City to
sponsor a specific announcement for a certain time period at a monthly rate,
or perhaps more than one company' could sponsor the same announcement.
However, staff does not reco/illll!nd soliciting sponsors for the following
reasons: .
includill'g a corporate logo may hinder the City's ability to re-use
the poster shoul d the company no.t choose to renew its advertis i n9
agreement with the City.
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Page 4, Item 10
Meeting Date ~/9/89
- color schemes and size of many corporate logos are quite complex and
may. not be easily compatible with poster design.
because the advertising costs to companies likely would be low, the
City may .be asked. to advertise merchants or businesses not compatible
with the City's image enhancement efforts, .and would not have the
discretion to accept poster sponsorship from only selected businesses.
soliciting sponsors would significantly increase staff time involved
in the poster development process.
If Council decides to have interior and/or. exterior announcements on CVT
buses, staff responsibility for this program would be shared by the Transit
Division and the Public Information Coordinator. In general, the Public
InformatiQn Coordinator would have primary responsibility for conceptual
design and production, and soliciting sponsorship for announcements, if any;
and Transit staff would have primary responsibility for ensuring that posters
are placed on the buses and properly maintained.-
FISCAL IMPACT: The estimated cost to prOduce 12 different message types for
the interior of CVT buses in FY 1989-90 is $3,600. This amount will be
considered for inclusion in the FY 1989-80 non-departmental budget, with
$1,800 being reimbursed from the Department of Community Development.
W,.,G: fp/DS-020
WPC 11311
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NOTE:
The two enclosed photos are intended to show the
placement and size of the bus advertisements. The photos are
not intended to portray an actual ad design but a general
representation of how an ad will look in relation to the bus
exterior paint scheme. The ads in the photos were slightly
over-exposed when the photos were printed. The slides that
will be shown at the Council meeting will provide a clearer
picture of the ad content.
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1255 Imperial Av,n~.. S~III 1000
S.n Diego, CA 9210'.7490
(OW) 231.1400
FAX (519) 234.3407
~T1'if<:#121 ~ wr z .
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July Ie, UU
Mr. Bruce Boogaard
City Attorney
City of Chula Vistl,.
176 Fourth Avenue ....
Chull Yista, CA e1910
Dear Mr. Boogaard: .
Subject: GENERAL FUND USE OF BUS AD REVENUE
You have inquired on behalf of the city council whether there are any restric- .
tion. on the u.e of revenue generated from bus adverti.ing. You have
.pecifically inquired IS to whether such revenue could be used for veneral
fund purposes completely disa.sociatld with transit and, wheth.r, if required
to use such reVenue for transit purpos.s, it may be used for transit program.
other than the ffxed-route transit .y.tem. It i. ~ conclusion that the use
of advertising r.venu. for general fund purposes or f~r other than Article 4.0
Transit D.v.lopment Act (TOA) purposes would re.ult in a concomitant reduction
1n Trensit Developm.nt Act Articl. 4.0 funds availabl. to the City of
Chula Vlsh.
'"
In .ummary, ~ conclusion i. based upon the fact that transit operators are
required to report on the basis of an enterprise fund, 1n accrrdanc. with the
Uniform System of Accounts and Records adopled by the state controller. In
addition to far. revenuI a specifiC revenue category for 'auxiliary
transportation r.venue' ~as been established. This category covers revenue
earn.d from operations closlly associated with transit operations and includas
a~v.rtising (Revenue Cat.gory 405.000). Thl formula to .stablish the .xtent
of .ligibility for Articl. 4.0 TOA funds f. ....ntially as follows: d.termine
the total ffscal year operating cost, subtract the fare r.v.nue, then subtract
the amount of local .upport (including adv.rtising r.venue) to determine the
.aximum amount of operating support from TOA funds. The full amount of .uch
fare r.venue and local support fs to be fncluded in the calculation to
determine the maximum emount of subSidy to b. made available. If a portion of
the far. revenue or local .upport revenue was diverted for other purpo.es, it
is .t111 the gross amount prior to such d1version that is to be used to
determine fund el1;1b111ty, not the net amount after diversion. Th. result
j would be '..S than all operating costs would be covered by the remaining fare
or local r.v.nu. plus .aximum amount of TOA funds. .
My analysis will bri.fly discuss the Transportation Development Act and
implementing Ca11fornia Code of Regulations. I wfll .lso reference material
( from the Transportation Developm.nt Act Claim Guidelines for F1s~al
_'.lICln
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-July J8, Ui3
'age Two
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Year J893-i4, prlplred by thl San Oligo A..ocIatfon of Government., Ind attlch
copil. of thl various page. of the Guidelin.. applicabl. to this 'analY'i.. ,
The Tran.portation Development Act of J.71 (Public Utflitie. Cod.
Sectfon '8200, It. .ee), wa. adoptld to ass 1st local Jurf.dlction. improve
.x~.tine public transportation and encourag. r.gional public transportation
C~ordinat10n (PUt Sect10n '8200). The funds ava11lbl. Ire to b. "fully
,x~ended to meat transit needs" (PUt Section 't222). Transportation
Development Act monie. flow from onl Quarter percent of the .tat. aall. tax
collected in each county, which is returned to the county through thl local
tr.nsport.tion fund (Governmtnt tode 28530). SANDAG is r..pon.ibl. for the
Illocation of those monies, the County Audttor serves as thl fund trustll; the
Mltropolftan Trans1t D.velopment Board dirlcts the allocatfon of funds for its
area of JurIsdIctIon (Govt. Section 2t532, PUt Section. 89205 and '8233.1) A
portion of the money 1. available for admin1.trativ. IXp.n... and for
transportation plannfng (PUC Sections 89233.1 and 8t233.2) Additionally, up
to five percent of the fund i. avaflabl. to cttte., countfe., and operator. to
provide community tran.it .ervicls such a. servic. tor the disabled, who
cannot us. conventional transit serv1ce.. Th... are known as Article ..1
funds (PUC S.ction 88233.7). The remaining mon.y fn the fund i. allocated to
'Upport public transit systems I the.e are known a. Artfcle 4.0 funds (PUt Sec-
tion "233.8). rach operator and claimant i. r'QUlred to prepar. .n annual
rt~ort of it. operation., in accordance with the Uniform 5y.t.ms of Accounts
end.R.cords adopt.d by the State Controll.r (PUC Section 88243). Under a
vlrfety Of .ection.. it ,. clear that inter..t .arned on the fund. stay. with
the fund (Govt. S.ction 28530. PUC S.ct1on '8301, Californfa Code of
R.gUlatlon. S.ction. 6623 and 1750). However, there ar. no statutory
provf.fon. that dir.ctly addr.s. adv.rtising revenue. The t.rm., "Fare
R.v.nue" and "Local Support" ar. deffned 1n Regulation. 1511.2 and 6611.3.
Locll Support f. classified in thl State Control'.r's Uniform Sy.tem to
inc)~d. the cat.gory -Auxi11ary Tran.portation R.venue," which inclUde.
advertfling revenue (Account No. 405.000). In .ccordanc. with Regulation.
S.ctfon "64, f1.cIl and compliance audits are to be undertaken on III
clai..nt., to en.ure that they have properly appli.d the Uniform Sy.tem of
Account. and Record. of the Stat. Controller. Pur.uant to R.gulation.
Section 6667, the audit ia to verify the actual local support amount 'and to
deteMDin. wheth.r the claimant i. ~intaining ft. account. and record. on an
.nt.rprISI fund ba.i't and i. oth.rwf.e fn Complianc. with the Stat.
Controller'. Sy.t.m or Account. .nd R.cord.. '
Turnfng to the SANDAG Qufdelfn.., the importanc. of inClUding all '.rebox
revenue and a11 local .upport rev.nue within the enterprfse fund f. d.mon-
.trated by the formula tor fund elfgibilitY,for TOA fund.. The Quidelfne.
(App.ndix F) lit forth the fund el1;lbllitywork ."..t (pag.s 201 '
, through 204). In addition. Appendfx H of the GUidelfn.s .et. forth HTDB's TDA
Rule. and Regulatfon. (page. aDS through IJ4). In both CI.es, the calculatfon
i. one of determ1ning total fl.cal r.ar operating co.t.. subtracting far. box
'revenue, .ubtract1ng local .upport, with the r..ulting difference .gualing the
.axilUm amount of operating ,upport availabl. to be clafmed (page. ~Ol, 207).
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SENT BY:SD Metro Tran Devl Brd; 7-20-93 e:35AM ;SD METRO TRANSIT BR~CITY OF CHULA VISTA ;. ,
(
Mr. Bruce Boogaard
JUly U. 1993
Page Three
Th. amount of local support and the amount of far.box rev.nu. should b. the
actual amounts r.ceived for the fiscal year. If the calculation was to allow
the div.rslon of 'ar. or other revenue and the utilization onll of the net
remaining amount. the result would be to allow addltlonal TDA funding of the
sarvlce ln axcess of the true needs. I find no support for a contention that
such was the intention of the Legislature. nor is it conslstant with the .
concept of the requirement to have the funds accounted for on an enterprlse
fund basls. Whether farebox or local support ~onles. both ara r.quired to be
used for pUbllc transportation purposes ln the meeting of the operating costs
of the system.
With regard to pot.ntial diversion for other transportation purpOStS, such as
Articla 4.&, I note that there is an axpr.ss authorization to us. Articlt 4.&
Special Transportation funds for Artlcl. 4.0 purposts (California Code of
Regulations Section 6655.3) upon a finding that the funds could be used for
better advantages for ArtiCit 4.0purpos.s~ I find no concomltant iuthority
for the diversion Article 4.0 purposes to Tund an Articl. 4.6 program.
Similarly. revenuI obtained from Article 4.0 services. whether lt bl farebox
0' local support revenue, should stay with the Article 4.0 tnterprise fund.
If a dlverslon of such funds was to occur, I do not bllieve such dlv.rslon
could be matched by addi~ional Articl. 4.0 TOA subSidy. Th. nit rtsult of thl
divlrsion. wh.ther for Artlcll 4.5 purposes Or for glnlral fund purposls.
would be a deficit in funding of the operating costs of tht ~rticlt 4.0
service.
Slnclr.ly,
. ~~
. Jack L 1mblr ~.-2J
General Counsel
JPL:1It
L-:BOOGRn,JPL
Attachment: TOA Guld.llnts (exclrpts)
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Mr. Bruce Boogaard
City Attorne.v
City of Chula Y1st'"
275 Fourth Av.nue .,-'
Chul, Vista, CA 11110
Dear Mr. Ioogaard: 4
SubJect: GENERAL FUND USE OF IUS AD REVENUE
You have inquir.d on blhalf of the city council whether there are a"1 restric4
tions on the us. of r.v.nu. g.nerated from bus advertising. You have
.pecifically inquired as to whether .uch rlv.nu. could b. us.d for ,.n.ral
fund purposes completely disassociat.d with trans1t and, wheth.r, i r.quir.d
to us. such revenue for transit purposes, 1t may be Used for trlnsit programs
other thin the fixed.route transit .ystem. It ts'~ concluston that the us.
.f advertising rev.nu. for !.neral fund purpos.s or f~r other than Articl. 4.0
.Transit D.velopmant A't (TD ) purpo.e. would re.ult 1n a concOlitant reduction
' 1nTransit OtveloPlltntAd Articl. 4.0 fllllds avan'bl. Jo the eft.)' Of . "
iiCJIula Vista. .. "__
In .ummary, ~ conclusfon i. based upon the fact that transft Operators are
requir.d to r,port on the basis of 'n .nter9r1se fund, 1n accrrdanc. with the
Unfform System of Accounts and Records adopled by the stat. controller. In
addition to fare rev.nuI a specific r.v.nu. cat.gory for -aUXiliary
transportatfon r.venu,- ~as b..n establish.d. Thfs category covers revenue
.arned from operations Closely assocfated with transit operations and includes
advertising (Revenue Cat.gory 405.000). Th, formula to .stablish the extent
of eligibility for Article 4.0 TDA funds is .ssentiallyes follows: determine
the total fiscal year op.rating cost, .ubtract the fare rev.nu., then subtract
the amount of ' local .upport (including adverttsing revenue) to determine the
.aximum 'amount of operating support from TOA funds. Th. full amount of such
fare revenue and local support is to b. 1nclud.d in the celculation to
determine the maximum .mount of subsidY to be .ade availabl.. If a portfon of
the fare r.venu. Dr 10C.l support revenue was div.rted for other purpos.s. 1t
1s still the gro.s amount prior to such dfversion that is to be used to
determine fund ,'igibility, not the n.t amount aft.r dfversion. The result
would be ,.ss than all operating' costs would be Covered by the rem.ining fare
or 10c.l rev.nue plus .aximum lIIlOunt of TOA funds. '
~ ,n"ysf. wfll bri,fly di.cuss the Transportation Development Act and
implementing C"iforni' Code of Regul.tions. ,I will "so reference materi.l
from the Transportation Development Act Cl.i. Guidelines for F1scal
( lIIitr ....1lClt.:
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1255 Imperia' Avtnu.. Suitt 1000
San Diego, CA 92101.7490
(8'19) 231.14&&
FAx (&19) 234-3407
.Jul" 111. 1183
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. SENT BY:SD M.tro Tran D.vl Brd: '~20-8a : 8:20AM :SD METRO TRANSIT BRv.CITY OF CHULA VISTA :. 2
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Mr. Bruce Boo;aard
.Jul,y Ig, Un
'.,e Two
Year 1"3-'4. prepared boY the San Diego Alsocfatfon of Governments. and attach
Copfes of the various pagls of the CU'dllinl' applicable to this'anal,y.". .
The Tran.portation Dlvelopment Act of Ig71 (Publfc Utflfties Code
Sectfon '.200. It. .ec). WIS adopted to assfst local Jurf.dfctions tmprovl
Ixf.tfn; fUblic transportatfon and encourage regfonal pUblic transportation
Coordfnat on (PUC Sectfon '.200). The funds avaflable are to be -fUlly
Ixpended to .llt tran.ft needs- (PUC Sectfon "222). Transportatfon
Development Act monfes flow from one quarter plrcent of the .tate lale. tax
collected fn tach count,y. whfch is returned to the count,y through the local
transportatfon fund (Government Code 2.530). SANDAG f. responsible for the
allocatfon of those monfe.. the Count,y Auditor lerve. as the fund tru.tee; the
Metropolftan Tran.ft Dlvelopmlnt Board directs the allocation of fund. for tt.
area of Juri.dfctfon (Govt. Sectfon 29532. pue Sectfons 1920a and Ig233..) A
portfon of the money f. avaflable for admfnf.tratfvI expen.es and for
transportatfon plannfng (PUe Sectfon. 19233.1 and "233.2) Additionally. up
to ffvI percent of the fund f. availabll to cftfe.. counti.s. and oplrltor. to
provide communfty tran.ft .ervice. luch a. lervfc. for the dflablld. who
cannot u.e conv.ntfonal transft ..rvfces. Thlse ar. known a. Artfcle ...
. fund. (pue Sectfon Ig233.7). Th. remafnfng mon~ in the fund ts Illocated to
.upporf publfc tran.ft syst.ms: thesl are inown a'Artfcle 4.0 funds (PUC SIC-
tfon '8233.8). Each oplrator and clafmant f. r'Qufr.d to prepare an annual
report of ft. op.ratfon.. fn accordanc. wfth thl Uniform Systems of Accounts
and Rlcord. adopt.d by thl Stat. Controll.r (PUe S.ction "243). Under a
vlrt.ty Of Itction.. ft i. cl.ar that fnt.rest earned on the 'unds .tay. with
the fund (aovt. S.ctfon 2gS30. pue Slctfon "301. California Code of
Rlgulatfon. Slctfon. a623 end 17S0). However. there ar. no .tltutory
provi.ion. that directly Iddr... advertf.fng revenu.. Thl t.rm.. -F're
Rev,nuI. and "Local Support" art d"fn.d in R.gulatfons 1111.2 and 6611.1.
Local Support t. clas.iffed in the Stat. Controller'. Uniform Sy.tem to
tnclude thl cat.gory .Auxfliary Transportation R.vlnue.-whfch fnclUd..
adv.rtf.ing revenue (Account No. 40a.000). In aCCOrdancI with Regulatton.
lactfon .164. ffscal .nd complf.nc. audit. ar. to be undertak.n on .,1
ellf..nt.. to Insure that they have prop.rly applfedthe Uniform Sy.tem 0'
Account. and Records of the Stlte Controller. Pursuant to Regul.tfon.
Slction 6667, the audft t. to vlrffy thl actual local 'Upport amount.and to
d.t.rminl whlth.r the cllf.ant ts ..fntafnfng ft. accounts and record. on an
.ntlrprfs. 'und ba.t.; and i. otherwf.e in Compliance wfth the Statl
Control'.r'. S,yste. 0 Account. and Record.. .
Tumfng to the SANDAG GufdeHne.. the iMPortancl of fIIC1Ud., .11 firebox
reVlnUI .nd "1 local ,upport revlnue within the Interprf.e und t. ~.mon-
.trated by the formula for 'und ,'fgfbflity for TDA fund.. Thl GUfd.lfnls
(~pendix F) ..t forth the fUnd .ligfbflfty work .h.lt (pagl. 201 .
through i04). In addftfon. ApPlndfx H of lhe GUid,'1nl. .ets forth NTDB'. TDA
Rule. Ind Regulatfons (page. 20Sthrough 214). In both c..... the calcul.tfon
t. one of d.terminfng total fi.cal lear op.ratfng cost.. subtractfng farebox
revenUI. .ubtrlcting local ,upport. wfth thl r"ultin, difflrenc..lgUal1ns the
aaxfaum amount of op.rating lupport Ivatlabl. to be C If.ld (p.gl. 201. 2 7).
)
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SENT BY:SD Metro Tran Devl Brd; '-20-&3 8:35AM ;SD METRO TRANSIT BR~CITY OF CHULA VISTA ;. ,
Mr. Bruce Boogaard
July 18. 111113
Page Thr..
The amount of local lupport and the amount of fa"box revenue Ihould be the
actual amount I recefv.d for the ffscal y.ar. If the calculatfon wal to allow
the dfv.rsion of far. or oth.r revenue and the utflizatfon onll of the net
remafning amount. the r.sult would be to allow addftional TDA funding of the
service in excess of the true ne.ds. I find no lupport for a cont.ntion that
luch was the intention of the Legislature. nor 11 it consistent with the "
concept of the requirement to have the funds accounted for on an enterprise
fund basis. Whether farebox or local support .onils. both are required to be
ul.d for public transportation purpos.s in the ...tfng of the op.rating costl
of the Iystem.
With r.gard to pot.ntial dfv.rsion for other transportation purpo.... luch al
Artfcle 4.&. I note that there i. an express authorfzation to use Article 4.&
Special Tran.portation funds for Article 4.0 purpos.s (California tode of
Regulations Section 6655.3), upon a ffndfng that the funds could be uled for
better advantages for ArtiCle 4.0 purpos,sL I ffnd no concomftant authority
for the diversion Article 4.0 purposes to Tund an Article 4.6 program.
Sfmilarly. revenue obtafn.d from Articl. 4.0 s.rvices. whether it be f.rebox
or local support rev.nuI. should stay wfth the Artfcle 4.D ent.rpris. fund.
If. diversion of such funds was to occur. I do not b.lievI such diversion
could be match.d by additional Articl. 4.0 TDA subsidy. The net result of the
div.rsion, wh.ther for Article 4.6 purposes Or for aeneral fund purposes.
would be a d.ficit in funding of the operatfng costs of the ~rticle 4.D
service.
Sinclr"1.
1 ~ ---.....
" Jack Limb.r ~ --- ...2j
8.neral Counse'
JPL:1st
L-BOOGRD.-3PL
Attachment: TDA auid.11n.. (exc.rpts)
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COUNCIL AGENDA STATEMENT
Item .2 "I
Meeting Date 9/7/93
ITEM TITLE:
Report on Possible Withdrawal of Membership from the San Diego Area
Wastewater Management District
SUBMITTED BY: Director of Public Works ~
REVIEWED BY: City Manager r
(4/Sths Vote: Yes_No X)
At its meeting of August 24,1993, Council considered the issue of withdrawing from membership status
in the San Diego Area Wastewater Management District (SDAWMD) effective November I, 1993,
unless certain conditions are met. The item was continued to September 7, 1993, in order to receive
further staff input.
RECOMMENDATION: That Council support a motion pending before the SDAWMD to continue
the time period that an Agency can withdraw from the District without penalty.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
Senate Bill 1225, which created the SDAWMD had a provision (Sec 703) which stated
"A member agency may withdraw, or detach from, the district without penalty if the withdrawal
is within one year from formation of the district or before district-wide funding is committed for
improvements exceeding the obligations included in the sewage disposal agreements described
in Section 401, whichever occurs first.
Any member agency which detaches from the district after district-wide funding is committed
shall pay its proportionate share of the debt financing on debt issued prior to its detachment. '
Since it has been stated that the district will not be in a position to issue debt for two or three years,
the concern is when will the one year period occur. Normally when a law is signed by the Governor
it does not go into effect, unless there is an urgency clause in the legislation, until January I.
Section 802 states
(a) The City of San Diego shall advise the Secretary for Environmental Protection upon the
completion of the study being conducted by the Failure Analysis Associates on the February,
1992 sewage spill in San Diego.
(b) This act shall become operative on the date the Secretary for Environmental Protection is
advised pursuant to subdivision (a).
Since that "study" was presented to the EPA in November of 1992, the question is if the District
became effective in November, 1992 or January, 1993. Staff believes that the effective date is most
.1.1/'1
Page 2, Item .;1.'1
Meeting Date 9/7/93
likely January I, 1993, however, the City Attorney believes that there is risk, albeit small, in making
that finding due to the study date.
There are several issues that should be determined before Chula Vista makes a final decision on staying
in the District. San Diego has listed 3 UP AND DOWN issues. UP AND DOWN issues are defined
as critically important issues to City of San Diego that need to be agreed upon before the District can
take over operation and ownership of the Sewer System. Without resolution of these issues the District
will most likely disband.
1. Fair share of costs
2. Guarantee of capacity rights
3. Transfer of permit to the District
Chula Vista Staff and Sewer Consultant Team believe there are other very critically important issues
for Chula Vista:
1. Payoff for unused capacity if not a full capacity based system.
2. Future users pay their full cost of expansion and their fair share of water reclamation.
3. Water users pay their fair share of costs for water reclamation
4. Construction of the Otay Valley (or other appropriate South Bay reclamation facility) at such
time as flows in the Otay Valley area equal 2 mgd.
5. Weighted vote be modified to require more agencies to approve before an item could be passed.
It is believed that the above critically important issues will address Chula Vista's concerns. Several
other issues also need to be addressed before the District goes into full operation. Most of those issues
are listed in Exhibit A.
Because of the uncertainty of the outcomes of the issues and the risk that penalties could be imposed
if Chula Vista withdraws after November 1993, the Mayor presented a proposal developed between the
Mayor, City Attorney and Director of Public Works to withdraw from the District by November 1,
1993 unless certain issues were resolved. Exhibit B addresses these issues.
Staff and the sewer consultant team met on August 26, 1993 to discuss this withdrawal proposal. They
developed a more detailed proposal that allowed for a December 31, 1993, withdrawal date if it was
determined that date was appropriate. That proposal is Exhibit C. That proposal is based on the
"Consumers Alternative" whereby the District will build North City Water reclamation Plant and leave
Point Lorna at Advanced Primary Treatment. We would all share in extending the Point Lorna Outfall
and removing Sludge facilities from Fiesta Island. It delays the Construction of the Otay Valley Water
Reclamation Plant until 2025. Exhibit C allows for Chula Vista to build the Otay Valley Plant with
the proviso that we not share in the cost of North City WRP. Should the District build the Otay Plant
per our schedule, then we may be willing to share in the North City Plant. Staff needs to look further
at the cost impact of those two options before a final recommendation is made.
At the August 27, SDA WMD Board of Directors meeting, a motion was introduced by Mayor Cochran
of Lemon Grove to direct the District Counsel to prepare an agreement between all the member
.1'1"2-
Page 3, Item~
Meeting Date 9/7/93
agencies that would not permit penalties for withdrawal for a period of 18 months or at least until
the issues were resolved.
He felt that there were still major issues that needed to be resolved before Agencies would be
comfortable with membership in the District. Since some of the issues involved cost transfers between
San Diego and the Participating Agencies of over $200 million, adequate time was needed to resolve
this without the feeling on the Agencies part of rushing into these major decisions.
CONCLUSION
Since we have at least two months before risk of penalty is incurred and probably longer, staff
recommends that we not send the withdrawal notice at this time, but decide this at a Council
meeting in early October if necessary. Council may request that the Mayor distribute Exhibit C as a
draft at the next District meeting to inform the other members of our intentions. If the District Board
can legally and does extend the time period that an Agency can withdraw membership without penalty,
then staff would recommend not officially sending the notice until it becomes clear that it would be
better for Chula Vista to remain a contract member rather than a full voting member of SDAWMD.
In order to make that determination, the City is doing the following:
1. Retaining a team of experts to advise the City on sewage matters. The teams represents
expertise from the fields of engineering, law, and management and accounting.
2. City staff is represented on regional technical advisory committee to advise the SDA WMD Board
of various issues.
3. The sewer team is evaluating options, and costs of those options, to compare with the final cost
sharing formulas developed by the SDA WMD for sewage treatment.
It is likely that it will still be several months before all the UP AND DOWN issues are resolved to a
point where Chula Vista can make a valid decision on membership.
FISCAL IMPACT
At this point, it is too early to know the exact fiscal impact to Chula Vista. However, depending on
the options chosen and the method of sharing costs, cost to provide sewage treatment over the next 10
years could range from $74 million to $130 million. This action when finally adopted will not directly
impact the costs, but will give us ample time to evaluate to alternatives.
Attachments:
Exhibit A -
Exhibit B -
Exhibit C -
SDA WMD Formation Issues
Original Withdrawal Proposal
Revised Withdrawal Proposal
F: IHOMEIENGINEER\AGENDAISDA'WMD.993
090293
J.1/-3 / ~1/-'1
,EX \.ll 'B I r A-
August 6, 1993
SAN DIEGO AREA W ASTEW A TER MANAGEMENT DISTRICT
FORMATION ISSUES
FAIR SHARE DISTRmUTION OF COSTS
. . Existing City of San DiegoiParticipating Agency contracts do not require
sharing of costs for exnansion of system beyond 234 MGD capacity or sharing
the cost of water reclamation facilities.
. City of San Diego has front funded expansion and reclamation costs not
aUocable under existing contracts.
GUARANTEED CAPACITY CONCEPT
. Participating Agencies presently have guaranteed capacity contracts with
San Diego. San Diego has the balance of uncommitted capacity.
. District could guarantee existing contract capacity and sufficient future
capacity for each member agency's approved development plan.
. District service fees would be based on flow.
PAYBACK FOR UNUSED CAPACITY
. Several member agencies strongly support the concept of a payback for
unused contracted capacity through future connection fees.
TRANSFER OF METRO ASSETS/NPDES PERMIT
. There should be an ownership transfer of metro assets from San Diego to the
District and a simultaneous assumption of NPDES permit responsibility by
District. This involves:
. Adequate District management and operational capability
. Adequate District credit rating or credit backing
. Assumption of CWP debt by District
. Assumption of legal responsibilities by District
. Transition time frame and milestones?
DISTRICT ORGANIZATION STRUCTURE
. Resolution of District Board is to develop a fuU service District with the
major elements of design, construction, operation and maintenance being
accomplished or controUed by District employees.
DISTRICT FEES AND CHARGES
. A uniform system of fees and charges win need to be established for the
District as weU as a mechanism for billing and coUection.
MASTER INTERAGENCY AGREEMENT
. A master agreement among aU the Member Agencies and the District should
.21/-5
~Xh,tbi+ :B
Recommend that Chula
1993 unless either
November 1, 1993:
A. The Penalty Risk is removed by contract to the satisfac-
tion of the City Attorney, which would include a contractual
commitment from SAD, the City of San Diego, and member agencies,
not to issue bonds, commit to districtwide financing or build
facilities until resolution on Main Issues in a form satisfactory
to each City remaining in the SAD. Signatories to provide
indemnities.
vista withdraw from SAD effective November 1,
of the following two scenarios occurs by
B. Reach resolution on the "Main Issues", defined as follows:
1. Weighted Vote granted to our satisfaction.
2. Capacity Rights granted to our satisfaction.
3. Costs are distributed in a fair manner.
a. City of San Diego assumes full liability for
unfunded EPA mandates resulting from their past
failure to obtain prior Clean Water grants.
4. otay Valley Reclamation Plant given priority in
construction schedule.
.;I/...~
f. x H 1:6 1 T c...
DRAFT PROPOSAL
Recommend that (1) Chula vista set as a priority negotiations
with SAD and its members to attempt to reach agreement on the
following points, (2) Direct staff to meet and negotiate on these
issues in good faith and on an expedited basis (3) that Chula vista
notify the SAD forthwith that it is exercising its right to
withdraw effective November 1, 1993 (the earliest date that the one
year withdrawal period could be up) or effective on December 31,
1993 if such later date is confirmed in writing by the SAD legal
counsel as the last day before expiration of the one year
withdrawal period set by the SAD legislation and such legal opinion
is endorsed by the SAD Board, unless negotiations lead to a
successful agreement:
1. The weighted voting formula is changed by legislative
amendment, binding SAD by law, or other enforceable contractual
commitment so that no action can be taken by weighted vote unless
a majority of the SAD members and a majority of the flow vote in
favor.
2. Chula vista's existing capacity rights under its METRO
contract for 19.2 mgd are guaranteed, i.e. Chula vista is
guaranteed SAD will honor these capacity rights under the terms of
the METRO agreement, or that SAD will purchase any excess capacity
rights from Chula vista at a price and on terms acceptable to Chula
vista.
3. A cost sharing formula is agreed to and set in place to
share costs on a fair basis, i.e, SAD members will only be charged
for facilities that they use. Chula vista will not be charged for
any costs associated with the North city Plant so along as Chula
vista does not benefit from the plant. Chula vista will only be
charged for benefits received. Discussions will occur on a fair
means to allocate costs for prior city of San Diego decisions on
relinquishment of the waiver and related clean water actions.
4. Binding commitments are put in place to accelerate the
construction schedule for the Otay Reclamation Plant so that it
will come on line no later than the time at which the Otay Valley
flow reaches 2 mgd, unless agreed otherwise by Chula vista.
Chula vista's position set forth above is further conditioned
upon the SAD, and each of its members, executing a binding
agreement that no bonds will be issued and no debt incurred or
assumed until the foregoing matters are resolved. San Diego will
indemnify, defend, and hold harmless Chula vista and other SAD
members against any further penalties or costs associated with the
Clean Water litigation until all the foregoing are resolved
successfully.
F:\bome\aUomey\SAD.DDW
-21/., 7
I
\ I
Meeting Date 9/7/93
Resolution J 7J.1'>:'uthoriZing the submission of
a certification application to the Federal
Communications Commission, adopting regulations
that are consistent with the Federal Communications
commission's cable television basic service rate
rules and regulations; and establishing certain
procedural laws and regulations which provide a
reasonable opportunity for consideration of the
views of interested parties in cable television rate
regulation proceedings taken hereunder
/.I"
Deputy City Manager Thomson JI
Director of Finance ~ '
City Manager1G t 11 (4/5THS Vote: Yes=No_X_)
In October 1992 Congress passed the "Cable Television Consumer
Protection and Competition Act of 1992" (Cable Act of 1992). On
May 3, 1993, the Federal Communications commission (FCC) issued an
Order relating to rate regulation for cable television services.
The effective date of the Order was originally June 21, 1993, but
was delayed to September 1, 1993. The Rate Order, although lengthy
(over 500 pages) and highly complicated, clearly establishes the
right of the local franchising authorities to regulate basic
service rates. Basic service rates must include, at a minimum, all
broadcast channels and PEG (public, education, and governmental)
channels. Addi tionally, the Rate Order provides for federal
regulation of all elevated services except pay services (which are
unregulated) . In order for a jurisdiction to exercise its
statutory ability to regulate basic service rates, it must file for
certification. Council action tonight will authorize the City to
submit a certification application to the FCC for regulation of
basic service rates.
ITEM TITLE:
SUBMITTED BY:
REVIEWED BY:
COUNCIL AGENDA STATEMENT
.z.r
Item
RECOMMENDATION: That Council adopt the resolution authorizing the
City to submit a certification application to the FCC for
regulation of basic service rates and establishing procedures
required by the FCC.
BOARDS/COMMISSIONS RECOMMENDATION: Not applicable.
DISCUSSION:
The Cable Act of 1992 addresses many areas relating to the
provision of cable television services including rate regulation,
customer service standards, franchise renewals, and signal quality
standards. The new law is intended to return to cable television
.;.,../
Page 2, Item
Meeting Date
.2f
9/7/93
franchising authorities a limited ability to regulate rates.
However, the new law does not automatically restore rate regulation
to local authorities. Franchising authorities may activate local
regulation of basic cable service rates by requesting FCC
certification.
An application, for which the FCC has developed the attached form,
requires that the city certify the following:
1. The city's regulations are, or within 120 days of
certification will be, consistent with the rate
regulations adopted by the FCC for the basic service
tier.
2. The City has the legal authority to adopt, and the
personnel to administer, such regulations.
3. The city's procedural rules provide, or within 120 days
of certification will provide, an opportunity for
consideration of the views of interested parties.
4.
The city has no reason to dispute
presumption that cable operators located
City limits are not subject to effective
the statutory
within our
competition.
The attached resolution certifies the above items and provides for
initial rate procedures and regulations as required.
The city may file the FCC Form 328 on or after September 1, 1993,
the effective date of the Rate Order. A copy of the certification
form must also be served on all cable operators (Cox Cable and
Chula vista Cable) in the City on or before the date the form is
filed at the commission.
The certification will be automatically effective 30 days after the
filing unless the FCC affirmatively rejects the filing within the
3D-day period as insufficient.
Once certified for regulation, the City must notify the cable
operators that all statutory requirements are in compliance and
that the City intends to regulate basic service rates. The cable
operator then has 30 days from receipt of such notification to
either (a) file its basic rate schedule with the city, using FCC
forms, or (b) file a petition for reconsideration of the
certification.
Once the City receives the schedule of rates for basic service tier
from the cable operator, the City makes a determination as to
whether the rates are in compliance with the FCC's standards. In
the event of a finding of non-compliance, the FCC allows the City
to order rate reductions and refunds. Such actions would be
.J.s:..,)..
Page 3, Item
Meeting Date
.1f'
9/7/93
subject to an appeals process involving the FCC.
Limited Authoritv to Requlate Rates
As previously mentioned, the City will only have the ability to
regulate basic service (all broadcast channels and PEG channels)
rates.
This level of regulation severely limits the impact that the City
will have on overall cable television service rates. The reason
for this is that the majority of cable subscribers are served above
the basic cable rate level and only a minority of subscribers
receive the minimum level of service. staff believes that it is
important for the City to regulate rates at whatever level is
legitimately allowed by law, even if that regulation is limited.
This point is highlighted because it appears that many citizens
have the mistaken belief that the city will be able to control or
regulate all cable television rates.
Under the Cable Act of 1992, the FCC will regulate rates for
expanded tiers, now designated as "Cable Programming Services,"
which include channels such as CNN, ESPN, and MTV. (Pay-per-view
channels such as Cinemax or HBO are not regulated).
Customer Service Standards
The FCC adopted in April, 1993 a Final Report and Order
implementing the customer service provisions of the Cable Act of
1992. The standards established by the FCC and the Order were
effective on July 1 provided, however, that franchising authorities
cannot adopt and enforce the standards until 90 days written notice
is provided to cable operators of the city's intention to adopt and
enforce the standards established in the Order.
The FCC considers its standards to be minimum requirements, and
does not prevent local authorities from adopting stricter standards
or continuing to enforce such standards which already may be in
place. Staff is reviewing the existing Franchise Agreements
against the FCC standards to determine if any adjustments need to
be made to the existing customer service requirements.
Resources Needed for Rate Requlation and Potential Cost-Sharinq
The Cable Act of 1992 indicates that the staff time or other costs
that a franchise authority may incur in regulating basic service
rates should be covered by the franchise fees received. In order
to conduct an adequate review of the cable rates in a timely
.;f" ,1
Page 4, Item
Meeting Date
.25"
9/7/93
manner, the city may want to contract for some specialized legal
and auditing work.
Some other local cities are considering obtaining such contractual
assistance or sharing in-house resources the larger agencies may
have. Staff has held some very preliminary meetings with several
other cities and the county of San Diego to explore opportunities
that may exist for coordination of cable television regulation
efforts. This could potentially take the form of a joint powers
authority, a common commission, joint contracting with outside
consultant(s), or simply informal networking to obtain some
efficiencies and perhaps consistency in terms of administering the
Cable Act of 1992, reviewing rate information, certifying to
regulate rates, and implementing customer service standards. Staff
will return to council at a later date to report on any progress
made in relation to these efforts. Chula vista staff are focusing
at this point more on joint contracting and information sharing
with other agencies, not on a regional commission or joint powers
authority.
FISCAL IMPACT:
Staff time and costs are expended in working on cable television
related issues but there are no direct costs to submit a
certification application to the FCC for authority to regulate
basic cable rates.
In the near future the City may desire to engage specialized legal
or consultant services in order to review and/or audit rate
schedules submitted by the cable companies or to perform other work
in relation to the Cable Act of 1992. At the appropriate time
staff may return with a proposed appropriation of funds.
Attachment:
Form FCC 328 - Franchising Authority Certification
.1Y'I
RESOLUTION NO.
17.J. '/5'
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
CHULA VISTA AUTHORIZING THE SUBMISSION OF A
CERTIFICATION APPLICATION TO THE FEDERAL
COMMUNICATIONS COMMISSION, ADOPTING
REGULATIONS THAT ARE CONSISTENT WITH THE
FEDERAL COMMUNICATIONS COMMISSION'S CABLE
TELEVISION BASIC SERVICE RATE RULES AND
REGULATIONS; AND ESTABLISHING CERTAIN
PROCEDURAL LAWS AND REGULATIONS WHICH PROVIDE
A REASONABLE OPPORTUNITY FOR CONSIDERATION OF
THE VIEW OF INTERESTED PARTIES IN CABLE
TELEVISION RATE REGULATION PROCEEDINGS TAKEN
HEREUNDER
WHEREAS, the Cable Television Consumer Protection and
Competition Act of 1992 (the "1992 Cable Act") provides, in
relevant part, that franchising authorities can regulate the rates
for Basic Cable Service, as defined in the 1992 Cable Act, in
accordance with Basic Service Rate regulations prescribed by the
Federal Communications commission (the "Commission") upon
certification by the Commission; and
WHEREAS, the commission has adopted final rules and
regulations implementing Section 623 of the 1992 Cable Act in the
Report and Order and Further Notice of Proposed Ru1emaking, MM
Docket 92-2266, Released May 3, 1993, effective June 21 and
September 1, 1993; and
WHEREAS, a franchising authority seeking jurisdiction to
regulate Basic Service Rates, as defined in the 1992 Cable Act,
must obtain authorization from the commission to so regulate; and
WHEREAS, to receive such approval, the franchising
authority must file a written certification with the Commission
certifying that:
1. The franchising authority will adopt and administer
regulations with respect to the rates subject to regulation under
Section 623 of the 1992 Cable Act that are consistent with the
regulations prescribed by the Commission thereunder; and
2. The franchising authority has the legal authority to
adopt, and the personnel to administer, such regulations; and
3. Procedural laws and regulations applicable to rate
regulation proceedings have been adopted, or will be adopted, by
such franchising authorities which provide a reasonable opportunity
for consideration of the views of interested parties; and
1
,;5',5'
WHEREAS, the city of Chula vista, as the governing body,
hereby desires to authorize the city Manager, or his designee, to
file on its behalf all necessary forms, documents, and otherwise
with the commission which are necessary and proper to allow it to
regulate Basic Service Rates, as defined in the 1992 Cable Act; and
WHEREAS, the City of Chula vista now desires to adopt
regulations with respect to the regulation of Basic Service Rates
which are consistent with the regulations prescribed by the
Commission and to adopt procedural laws and regulations applicable
to rate regulation proceedings which provide a reasonable
opportunity for consideration of the views of interested parties;
and
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Chula vista does hereby resolve as follows:
Section 1. Under the laws of the united states, the
Constitution and Statutes of the State of California, and the
ordinances, agreements, and procedures of the City of Chula Vista,
the city of Chula vista possesses the legal authority to adopt the
regulations contained herein.
Section 2. The city of Chula vista possesses sufficient
personnel to administer the regulations adopted herein.
Section 3. The City of Chula vista has no actual
knowledge that the cable system, or cable systems, operating in its
jurisdiction are subject to Effective Competition and thus, based
upon the presumption of established in section 76.609 of the Code
of Federal Regulations, ("CFR"), the cable operator, or cable
operators, operating within its jurisdiction are not subject to
Effective Competition.
Section 4. The city Manager, or his designee, is hereby
authorized, empowered, and instructed to file necessary and proper
forms, certifications, documents, and otherwise as prescribed in
CFR S76. 610 COmmission by (1) registered mail, return receipt
requested; or (2) hand delivery to the Commission and a date stamp
copy obtained. A copy of the certification form described herein
shall be served on the cable operator, or cable operators, on or
before the date said certification form is filed with the
commission.
Section 5. upon certification by the Commission, the
City Manager shall give, by registered mail, return receipt
requested or hand delivery, written notification to the cable
.operator, or cable operators, that the city of Chula vista has been
so certified to so regulate Basic service Rates and the cable
operator, or cable operators, shall thereby be directed pursuant to
CFR S76.930 to file a schedule of rates for the Basic Service Tier
2
.;>; /,
and associated equipment with the City of Chula vista within thirty
(30) days as provided in CFR S76.930.
section 6. upon receipt of the schedule or rates for the
Basic Service Tier and associated equipment as provided in Section
5 above from the cable operator, or cable operators, such schedule
of rates and charges shall be referred to staff for review and
evaluation pursuant to the substantive and procedural standards set
forth in CFR SS76-900-76.985 and the Report and Order and Further
Notice of Proposed Rulemaking in MM Docket 92-266.
Section 7. After a cable operator, or cable operators,
have submitted for review its existing rates for the Basic Service
Tier and associated equipment costs, or proposed changes in these
rates (including increases in the base line channel charge that
results from reductions in the number of channels in a tier), the
existing rates will remain in effect or the proposed rates will
become effective after thirty (30) days from the date of
submission; provided, however, that the city may hold this thirty
(30) day deadline for an additional time by issuing a brief written
order as provided in CFR S76.933(b) within thirty (30) days of the
date of submission explaining that it needs additional time to
review the rates.
Section 8. If the City of Chula vista is unable to
determine, based upon the material submitted by the cable operator,
that the existing or proposed rate are within the Commission's
permitted basic service tier charge or actual cost-of-equipment as
defined in CFR SS 76.922 and 76.923, or if a cable operator has
submitted a cost of service showing pursuant to SS76.937(c) and
76.924, seeking to justify a rate above the Commission's Basic
Service Tier charge as defined in CFR SS76.922 and 76.923, the city
of Chula vista may toll the thirty (30) day deadline in section 7
above to request and/or consider additional information or consider
the comments from interested parties as follows:
(a) For an additional ninety (90) days in cases not
involving cost-of-service showings; or
(b) For an additional one hundred fifty (150) days in
cases involving cost-of-service showings.
section 9. If the City of Chula vista has availed itself
of the additional ninety (90) or one hundred fifty (150) days
permitted above, and has taken no action within these additional
time periods, then the proposed rates will go into effect at the
end of the ninety (90) or one hundred fifty (150) day periods, or
existing rates will remain in effect at such times, subject to
refunds if the city of Chula vista subsequently issues a written
decision disapproving any portion of such rates, provided, however,
that in order to order refunds, the city of Chula vista shall issue
a brief written order to the cable operator, or cable operators, by
3
.if -' 7
-...,
the end of the ninety (90) or one hundred fifty (150) day period
permitted above directing the cable operator, or cable operators,
to keep an accurate account of all amounts received by reason of
the rate in issue and on whose behalf such amounts were paid.
Section 10. Upon receipt of a submission by a cable
operator, or cable operators pursuant to Section 5 above, the City
of Chula vista shall give public notice by way of publication of
said submission in a newspaper of general circulation in the
jurisdiction within fourteen (14) days of receipt by the City of
Chula vista thereof. Said publication notice shall state, in
substance, that the City of Chula vista is considering the
submission of the cable operator reproduced therein, the date of
submission by the cable operator, that said rates will become
effective within thirty (30) days from the date of submission
unless the city of Chula vista extends the review time pursuant to
section 8 above, and that interested parties may file written
comments with the City Clerk within seven (7) days of publication.
section 11. If, and to the extent, that the City of
Chula vista extends the review period pursuant to section 8 above,
it shall then act upon the rate submission only at a public hearing
which has been duly advertised and noticed pursuant to the
requirements of Government Code section 6066. At said noticed
public hearing, which may be continued from time to time, all
interested parties including, but not limited to, subscribers,
shall possess a reasonable opportunity to express their views
regarding the matters before the city Council.
Section 12. The City of Chula vista shall issue a
written decision in a rate-making proceeding whenever it
disapproves an initial rate for the Basic Service Tier or
associated equipment, in whole or in part, disapproves a request
for a rate increase in whole or in part, or approves a request for
an increase in whole or in part over the objections of interested
parties. The city of Chula vista is not required to issue a
written decision that approves an unopposed existing or proposed
rate for the basic service tier or associated equipment. Any
written decision required herein shall only be issued and released
at an open and public meeting of the City Council and the text
shall be made available for public distribution at the offices of
the City Clerk during normal business hours commencing the next
business day after adoption by the City Council.
section 13. These regulations may be amended, from time
to time, by the City Council with or without concurrence or consent
of the cable operator, or cable operators, affected thereby.
section 14. If, and to the extent, a cable operator, or
cable operators, submits a cost-of-service showing pursuant to CFR
SS76.937(c) and 76.924 seeking to justify a rate above the
commission's Basic Service Tier charge as defined in CFR SS76.922
4
,)f,r
and 76.923, the City of Chula vista shall, within ninety (90) days
of the date of sUbmission, adopt rules, regulations, and procedures
consistent with the rules and regulations of the Commission
relating to the procedural and substantive criteria to be applied
by the city of Chula vista to said cost-of-service submission.
Section 15. The
available to it under federal,
not limited to, those remedies
city shall possess all remedies
state and local law including, but
provided in CFR SS76.940-76.943.
Presented by
Approved as to form by
~~u
Lyman Christopher, Director of
Finance
Bruce M.
Attorney
F: \bolnc\attomey\cable.fcc
5
.lf~ e;
FCC 328 I For FCC Use Only
CERTIFICATION OF FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES
AND INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION
FedenlC J'"'" ..~
w.......... D. C. 20554
Name of Franchitlng Authority
Molllng Addr.s
CIty I State I ZIP Code
To/ephon. No. (Include.... codo):
Penon to contact with rorpoct to thit form:
1
2. a. Nam. (0) and adclrou(es) of cabI. oystom(s) and associoted FCC community
It Idontifl ithi J lsdlctl (Attach addltioMl shoots If ry.)
tm 'orIW " your ur on. nee....
CabloS}'Ilem'. Nam.
MaHing Addroso
CIty I Stat. I ZIP Code
Cable Sydem's FCC Community Unit Identifier:
CabI. Sydem'. Name
MolIing Addroso
CIty I SboI. I ZIP Code
Cable Sydem's FCC Community Unit ldontlfler:
2. b. N.m. (0) of syslem<s) and associoted community unit Idontiflor(o) you
claim are subJocllo regul.tion and with rorpoct to which you are filing thlo
certification. (Attach additional shoolJ If nocossary.)
I Name of Sydem
Community Unit
IdontIfier
I Name of Sydem
I Community Unit
ldentif....
2. c. Have you _. copy of thit form on all parties DYes ONO
l_ln2.b.I
Apprvnd by OMB
c "3060.055'
&:pIra 05/31'"
I
4
3. Will your franchitlng authority adopt
(within 120 days of cort!flcatlon) .nd
admlniller regulations with rorpoct 10
basic cable service that _e consistent
with tho regulations adopted by tho FCC
pursuant to 47 U.s.c. Socllon S43(b)I
DYes ON.
4. With rorpoct to tho franchising authority'. regulations roforrod
10 in QuestIon 3,
a. Does your franchitlng .uthorlty ha...
tho legal authority to adopt theml
DYes ON.
DYes ONO
b. Does your franchitlng authority have
tho pononnel to admlniller theml
5. Do tho prococfur.1 ..... and regulations
-'lcabI. to rat. regulation procoocflnp
by your franchiting .uthorlty provldo .
..-.abl. -"unity for conoldoration
of tho views of inlorosted partlesl
DYes ON.
DYes ON.
6. Tho Commhaion presumes that tho cabl.
syslem(s) 1_ In 2.b. it (are) not subJocl
10 offoctlvo compolltlon. ...... on tho
doflnltlon below, do you ha... reuon to
bell... that thit presumption it corrocll
(Effoctlvo compolitlon means thai (a) lower than 30 percenl of tho
households In tho franchito .... subscribe to tho cabI. servico of .
cabI. system; (b) tho franchito .... is m _ by at IlWl two
unaffiliated multichannel video prOF,amming dlstrlbuton each of
which ollon comparable video programming 10 at /east 50 percenl
of tho households in tho franchise ..... and OD tho number of
households subscribing to progr.mming .....ic.. offered by
multichannel video progr.mmlng dillributors other than tho Iargost
multichannel video programming dillributor oxcoocfs 15 percent of
tho households In tho fr.nchise, area; or (e) . multichannel Yldoo
programming dillrlbutor _atod by tho franchising .uthorlty for
that franchise .... ollon video programming to atllWl 50 percent
of tho households In that franchise area.)
Signature
TltIo
Date
WILLFUL FALSE STATEMENTS MADE ON THIS FORM ARE
PUNISHABLE BY FINE AND/OR IMPRISONMENT (U.s. CODE
TITLE 18, SECTION 1001).
Return tho original and on. copy of thit cortIflCallon form (as
Indicatod in Instructions), along with any attachmonts, 10:
Federal Communications Commission
Attn: CabI. Franchitlng Authority CortIflcation
P.O. Box 18539
Washington, D. C. 20036 ~I If)
,
FCC 321
AuIUII '''3
c'-.~
.
.
Fedefal Communk:al:lons Cornmisskln
Washlnllon. D.C. 20554
__ byOMB
306000550
bplres0S/31196
INSTRUCTIONS FOR FCC 328
FRANCHISING AUTHORITY CERTIFICATION
1. The Cable Television Consumer protection and Competition Act,
enacted in October 1992, changes the manner in which cable
television systems that are not subject to effective competition are
regulated. In general, rates for the hat;k v>rvir:P. tip.r (the tier required
as a condition of access to all other video services and containing,
among other services, local broadcast station signals and public,
educational, and public access channels) and associated equipment
will be subject to regulation by local or state governments
("franchising authorities"), Rates for cable programming services and
associated equipment {all services except basic and pay channels} will
be .ubject to regulation by the FCC. Rate. for pay channel.
(channels for which there is a specific per<hannel or per-program
charge) are not regulated.
2. Only cable systems that are not subject to effective competition may
be regulated. Effective competition means that (a) fewer than 30
percent of the households in the franchise area subscribe to the cable
service of a cable system; (b) the franchise area is (i) served by at least
two unaffiliated multichannel v,ideo programming distributors each of
which offers comparable video programming to at least 50 percent of
the households in the franchise area; and (ii) the number of
households subscribing to programming services offered by
multichannel video programming distributors other than the largest
multichannel video programming distributor exceeds 15 percent of
the households in the franchise area; or (c) a multichannel video
programming distributor operated by the franchising authority for that
franchise area offers video programming to at least 50 percent of the
households in that franchise area.
3. In order to regulate basic service tier rates, a franchising authority
must be ~ by the ,FCC. In order to be certified, a franchising
authority must complete this form. An orisinal and one copy of the
completed form and all attachments mud be returned to the FCC
by registered mall, return receipt requested, to the FCC at the
address on the form.
4. A copy of the form must be served on the cable operator by first<lass
mail on or before the date the form is sent or delivered to the FCC.
5. The franchising authority's certification will become effective ~
afW.~ ".mood ~1lmliLWlllD..1llCCiIlI unle.. otherwise
notified by the Commission by that date. The franchising authority
cannot begin to regulate rates, however, until it has actually adopted
the required regulations (see below) and. until it has notified the cable
operator that it has been certified and that it has adopted the required
regulations.
6. In order to be certified, franchising authorities must answer "yes" to
Questions 3, 4, and 5, which are explained as follows:
7. Question 3: The franchising authority must adopt rate regulations
consistent with the Commission's regulations for basic cable service.
To fulfill this requirement for certification, the franchising authority
may .imply adopt a regulation indicating that k will follow the
regulation. eotabli.hed by the FCC.
The franchising authority has 120 days to adopt these regulations
after the time it is certified. The franchising authority may not,
however, begin to regulate cable rates until after it has adopted these
regulations and until it has notified the cable operator that it has been
certified and has adopted the required regulations.
8. Question 4(a): The franchising authority's "legal authority" to regulate
basic service must come from state law. In cnmP d;at,.~ nnlv the
..tatp lZnvprnmpnt mav l'P.VIII:.;rtP. r-ahll" m1eL In those states, the state
lovemment should file this certification. Provisions in franchise
agreements that prohibit rate regulation are ~ and do not prevent
a franchising authority from regulating the basic service tier and
associated equipment.
Question 4(b): The franchising authority must have a sufficient
number of personnel to undertake rate resulation.
^ franchise authority unable to answer -yes" to questions 4(a) or 4(b)
may wish to review the FCCs RP.OOrt and OrMr In Dnt'kpt q2.266
FCC 93-t77 (releaoed May 3, 1993) for further infonnation on the
establishment of altemative federal regulatory procedures.
9. Question 5: Franchising authorities must have procedural regulations
allowing for public participation in rate regulation proceedings. If a
franchising authority does not have these regulations already in place,
it must adopt them within 120 days of certification and before it may
undertake rate regulation.
10. Que$lion 6: Moot cable oyotem. are IIllI oubject to effective
competition, as defined by the Cable Act. (The definition is included
above and on the form.) The franchi.ing authority may pWIllIlllthat
the cable system in its jurisdidion Is not subject to effedive
competition.
For purposes of applying the definition of effective competition (see
Item 2 above), "multichannel video programming distributors. include
a cable operator, a multichannel multipoint distribution service, a
direct broadcast satellite service, a television receive-only satellite
program distributor, a video dialtone service, and a satellite master
antenna television system. ^ multichannel video programming
di$lributor'. service> will be deemed "offered" when they are both
technically and actually available. Service is "technically availabJe"
when the multichannel di$lributor i. physically able to deliver the
service to a household wishing to subscribe, with only minimal
additional investment by the distributor. A service is .actually
available" if subscribers in the franchise area are reasonably aware
through marketing effort> that the service i. available. Subocribe..hlp
of those multichannel video programming distributors offering service
to at lea$l 50 percent of the household. in . franchi.. area will be
aggregated to determine whether at I.... 15 percent of the
households in the franchise area are served by competitors. A
multichannel video programming distributor must offer at &east 12
channel. of programming, at Ie... one channel of which i.
nonbroadcast, to be found to offer "comparable" video programming.
, 1. This certification form must be signed by a government official with
authority to act on behalf of the franchi.ing authority.
FCC HOnG TO INDIVIDUAlS UQUtI!D IV 1HE NlVACY ACT AND THE ,APIIWOU
uoucnON ACT
The solicitation of personallnfonnation In thts form is auchoriHd by the eomrnunkltlans Act d
1934.. amended. The Commission will use 1M Infonnatlon provided In this fon'n to deBmlne
If the ffIInchlse lUlflorlty should be authorized 10 IelUl.... cable rates. In IUdllnl thII
determination. or for law enfo......Mf;M purposes. II may become necestary 10 rder petIOl'III
lnformationcontained in this form 10 anatherpemmentqenty. Aft information prClYlded In this
form will be available for pubilc Inspedkln. Your response Is requlled to obtaln.1he NqLIItted
_.
Public reportln& burden for this colSectIon oIlnfonnatlon if estknlled to awrqe 30 mkKltes,
Wldudlnllhe lime for 1I!'V1ew1na Instructklns, searchtna exlstiftJ dIta 1OUIdS, pmerinllftd
1N1nta1n!", Ihe dIta needed. and compIetlnc and ....lewlna the coIlec:tk)n of Informat\On. Send
comments tepldln. this burden estimllt Of any aItIer .peel: of this coIlecUon of lnfonMllon.
incIudin.suaestklns for reducinJthe burden,to the Federal CorNnunklUons commission, Records
MInapment: DlvtJlon, AMD-I"RS. WashinJlon. D. c. 20554. and to the Office of Manqement
... Budpt. hpefwork leducUon projea (306O.055C>>, WashintlOn. D. c. 20503.
tHE FOUGOING NOna IS RIQUIUD IV tHE PRIVACY ACT Of 1114, ,.1. 'U".
DECEMBER 31, 1975.5 u.s.c;. 522a(e)(3) AND THE ,AP8.Wou. REDUCflON ACT OF 1HO.
,.1. "'511, DECEMla 11, "ao, 44 u.s.c. 3507.
,
.25'"" J I